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042815 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 REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 28, 2015 — 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. 5:30 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of Finance Jennifer Hennessy, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. Next in Order: Ordinance: 15-04 Resolution: 15-22 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: The Temecula Valley Children's Chorus Invocation: Pastor William Rench of Calvary Baptist Church Flag Salute: Council Member Edwards ROLL CALL: Edwards, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Certificate of Achievement Presented to Justin Cameron Moreno of Troop #301 for Attaining the Rank of Eagle Scout Presentation of Mental Health Month Proclamation Presentation by Rancho California Water District (RCWD) 1 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. 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 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of April 14, 2015 and the April 20, 2015 Special Meeting RECOMMENDATION: 2.1 That the City Council approve the Action Minutes of April 14, 2015 and the April 20, 2015 Special Meeting. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: 2 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Authorize the Mayor to Send Letter(s) of Support for a Multi -Year Federal Transportation Bill that Directs Greater Funding Availability to Local Government RECOMMENDATION: 4.1 That the City Council authorize the Mayor, on behalf of the City, to send letter(s) of support (and solicit local and regional jurisdictions to do the same) for a multi- year Federal Transportation Bill that directs a greater share of available funds to local governments and their regional agencies to provide critical transportation funding for federally -assisted bridge, highway, transit, and other transportation projects. 5 Receive Report Regarding Status of Vacancy on Community Services Commission RECOMMENDATION: 5.1 That the City Council receive the report regarding the status of the potential vacancy on the Community Services Commission. 6 Approve an Agreement with Inland Empire Property Services, Inc. for Weed Abatement Services for Fiscal Year 2014-15 RECOMMENDATION: 6.1 That the City Council approve an Agreement with Inland Empire Property Services Inc., in the amount of $40,000, to provide Weed Abatement Services for Fiscal Year 2014-15. 7 Approve a Temporary Construction Easement on the City -owned Parcel Located at the Corner of Rancho California Road and Diaz Road in Connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT 3 7.2 Authorize the City Manager to approve and execute any necessary documents, and to take all necessary actions to implement the terms of the Temporary Construction Easement and Right of Entry Agreement. 8 Accept the Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Ynez Road (Jedediah Smith Road to Vallejo Avenue), PW12-12 RECOMMENDATION: 8.1 Accept the construction of the Pavement Rehabilitation Program — Ynez Road (Jedediah Smith Road to Vallejo Avenue), PW12-12, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 8.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc. for Nicolas Road Park Playground Replacement, PW15-02 RECOMMENDATION: 9.1 Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc., in the amount of $134,980, for the Nicolas Road Park Playground Replacement, PW15-02; 9.2 Make a finding that the Nicolas Road Park Playground Replacement, PW15-02, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc. for Pala Community Park Playground Replacement, PW15-01 RECOMMENDATION: 10.1 Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc., in the amount of $146,145, for the Pala Community Park Playground Replacement, PW15-01; 10.2 Make a finding that the Pala Community Park Playground Replacement, PW15-01, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 Approve the Purchase and Installation Agreement with Nature Works, Inc. for Sam Hicks Monument Park Playground Enhancement, PW12-20 4 RECOMMENDATION: 11.1 Approve the Purchase and Installation Agreement with Nature Works, Inc., in the amount of $483,170, for the Sam Hicks Monument Park Playground Enhancement, PW12-20; 11.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $20,507, which is equal to 15% of the installation amount; 11.3 Make a finding that the Sam Hicks Monument Park Playground Enhancement, PW12-20, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. ******************** 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 ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 15-01 Resolution: CSD 15-02 CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, Naggar, Rahn, Edwards 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. 12 Approve the Action Minutes of April 14, 2015 RECOMMENDATION: 12.1 That the Board of Directors approve the action minutes of April 14, 2015. 13 Approve TCSD Proposed Rates and Charges for Fiscal Year 2015-16 RECOMMENDATION: 13.1 That the Board of Directors adopt a resolution entitled: 6 RESOLUTION NO. CSD 15- 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 2015-16 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May, 12, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — No meeting TEMECULA HOUSING AUTHORITY — No meeting TEMECULA PUBLIC FINANCING AUTHORITY — No meeting 8 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 14 Approve an Interim Ordinance Prohibiting Certain Land Uses and Construction in the Proposed Uptown Jefferson Specific Plan Area Pending Formal Approval of the Uptown Jefferson Specific Plan RECOMMENDATION: 14.1 That the City Council adopt by 4/5 vote the following interim ordinance entitled: INTERIM ORDINANCE NO. 15 - AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TEMPORARILY PROHIBITING CERTAIN USES AND CONSTRUCTION IN THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AREA PENDING CITY COUNCIL CONSIDERATION OF THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO SECTION 15061(6)(3) OF THE CEQA GUIDELINES 15 Appointment of Michael R. McCracken as City Council Member to Fill the Vacancy on the City Council for the Unexpired Term Ending December 13, 2016 RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING MICHAEL R. MCCRACKEN AS CITY COUNCIL MEMBER TO FILL THE VACANCY ON THE CITY COUNCIL FOR THE UNEXPIRED TERM ENDING DECEMBER 13, 2016 DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 Police Department Monthly Report 18 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT 9 ADJOURNMENT Next regular meeting: Tuesday, May 12, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) 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.org — 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.org — 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. 10 PRESENTATIONS City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of • Justin Cameron Moreno of Troop #301 We congratulate Justin for his achievement on receiving the rank of Eagle Scout, which is the highest achievement earned in Scouting. We are proud of Justin's accomplishment and wish him continued success in his promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-eighth day of April, 2015. Jeff Comerchero, Mayor Randi Johl-Olson, City Clerk • .411 111s, �t , 'I1'! •!! % .:. .. 4 • ifi.i t E ti !;!!!!!!!!!!!!!!11!!!!!!!!!!!! t' Iiit �. .1 .-Z;----:_ ` ` . , ._ .,'• ZPP'\\�\r x• .e.,..... • ;,..ir,,•:, -.-„,,, _ ... F,. \ _ 1 !!,��! !• !!11!!!!1!1!!1!!1!!. __ ,.., -v .,.....,,, alk , The City ofTemecula PROCLAMA WHEREAS, mental illness can impact anyone, regardless income level; and WHEREAS, many treatments for serious mental illnesses, supports, are highly effective, allowing people to maintain their families and communities; and WHEREAS, the National Institute of Mental Health reports million Americans — experience a mental health disorder Americans experience a mental disorder at some time in their WHEREAS, the United States Surgeon General reports United States suffer from serious emotional and mental disorders and WHEREAS, the Riverside County Behavioral Health Commission health fair on May 21, 2015, at Fairmont Park in Riverside, observance; and WHEREAS, the Mental Health America has promoted since 1949 in order to increase awareness and understanding WHEREAS, encouraging awareness of mental health issues with mental health needs are important values for every community. NOW, THEREFORE, I, Jeff Comerchero, on behalf of proclaim the month of May, 2015, to be "May is Mental Health to signify its support of greater awareness of mental health Health Board in its observance of May is Mental Health Month. TI N of age, background, employment, education, and in combination with treatment and recovery quality of life and their involvement with their that one in four adults — approximately 57.7 in a given year and that half of all lives; and that 10 percent of children and adolescents in the that cause significant functional impairment; is presenting "Live Life Well", a mental in support of the May is Mental Health Month the observance of "May is Mental Health Month" of mental health; and and promoting wellness and recovery for those the City Council of the City of Temecula, hereby issues and joins with the Riverside County Mental IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-eighth day of April, 2015. Jeff Comerchero, Mayor Randi Johl-Olson, City Clerk COUNCIL CONSENT CALENDAR Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: April 28, 2015 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 14, 2015 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jamie Rector Invocation: Aaron Adams Flag Salute: Council Member Matt Rahn ROLL CALL: Edwards, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS DMV/Donate Life California Month Proclamation Certificates of Achievement Presented to Temecula Residents Participating in the Tri Valley Pageants PUBLIC COMMENTS The following individuals addressed the City Council: • Dylan Thompson • Cheryl Eckard • Lynn Rennock • Mark Katan CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Action Minutes 041415 1 2 Approve the Action Minutes of March 24, 2015 - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 2.1 That the City Council approve the action minutes of March 24, 2015. 3 Approve the List of Demands - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of February 28, 2015 - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of February 28, 2015. 5 Approve an Agreement with Environmental Science Associates (ESA) for a Supplemental Environmental Impact Report for the Proposed Audi Dealership - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 5.1 That the City Council approve an agreement with Environmental Science Associates (ESA), in the amount of $142,250, for a Supplemental Environmental Impact Report for the proposed Audi Dealership. 6 Approve an Agreement with Keyser Marston Associates, Inc. for a Fiscal Impact Analysis for the Proposed Altair Specific Plan - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. Action Minutes 041415 2 RECOMMENDATION: 6.1 That the City Council approve an Agreement with Keyser Marston Associates, Inc., in the amount of $35,000, for a Fiscal Impact Analysis for the proposed Altair Specific Plan. 7 Approve the First Amendment to the Agreement with Esgil Corporation for Plan Check Services for Fiscal Year 2014-15 - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 7.1 That the City Council approve the First Amendment to the Agreement with Esgil Corporation, in the amount of $60,000, for a total agreement amount of $210,000, for Plan Check Services for Fiscal Year 2014-15. 8 Approve the Second Amendment to the Agreement with California Watershed Engineering Corporation (CWE) for the Flood Control Channel Reconstruction and Repair (Pala Community Park), PW11-10 - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 8.1 Approve the Second Amendment to the Agreement with California Watershed Engineering Corporation (CWE), in the amount of $119,802, for environmental work associated with addressing bank erosion adjacent to Pala Community Park; 8.2 Authorize an increase to the contingency in the amount of $11,980. 9 Adopt Ordinance No. 15-03 Amending of Section 8.12.140 of the Temecula Municipal Code Concerning the Recovery of Abatement Expenses in Public Nuisance Actions (Second Reading) - Approved Staff Recommendation (4-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 9.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 15-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.12.140 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE RECOVERY OF ABATEMENT EXPENSES IN PUBLIC NUISANCE ACTIONS Action Minutes 041415 3 RECESS At 7:25 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:30 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14 Approve a Substantial Amendment to the Fiscal Year 2012-13 and Fiscal Year 2013-14 Community Development Block Grant (CDBG) Annual Action Plans, and the Fiscal Year 2015-16 CDBG Annual Action Plan and Funding Recommendations — Approved Staff Recommendation (3-0-1, Council Member Edwards recused herself from the dais) Council Member Naggar made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar and Rahn with Council Member Edwards recusing herself from the dais due to her employment with the Boys and Girls Club. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 15-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2012-13 AND FISCAL YEAR 2013-14 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ANNUAL ACTION PLANS 14.2 Adopt a resolution entitled: RESOLUTION NO. 15-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2015-2016 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 2015-16 By way of a Power Point presentation, Associate Planner, Dana Weaver presented the staff report as per agenda material. Action Minutes 041415 4 CITY COUNCIL BUSINESS 15 Approve CR&R Residential Organics Recycling Program - Approved Staff Recommendation (4-0) Council Member Naggar made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 15.1 Approve the proposed Residential Organics Recycling Program as presented; 15.2 Direct staff to incorporate the rate for the Residential Organics Recycling Program into Solid Waste and Recycling Schedule of Rates and Charges; 15.3 Direct staff to prepare an amendment to the Franchise Agreement with CR&R to reflect the proposed program and recent legislation affecting solid waste disposal and recycling mandates. By way of a Power Point presentation, Associate Planner, Dale West presented the staff report as per agenda material. CITY MANAGER REPORT CITY ATTORNEY REPORT (None) ADJOURNMENT At 8:07 P.M., the City Council meeting was formally adjourned to Monday, April 20, 2015, for the purpose of a Special Meeting at 5:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] Action Minutes 041415 5 ACTION MINUTES TEMECULA CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 20, 2015 — 5:00 PM CALL TO ORDER: Mayor Jeff Comerchero FLAG SALUTE: Mayor Pro Tem Mike Naggar ROLL CALL: Edwards, Naggar, Rahn, Comerchero The City Council special meeting convened at 5:00 P.M. PUBLIC COMMENTS (None) CITY COUNCIL BUSINESS 1 Consideration of City Council Vacancy — Presentation/Interview/Deliberation/Selection - Approved (4-0) Council Member Comerchero made the motion to select Michael R. McCracken as City Council Member to fill the vacancy on the City Council and direct staff to bring the formal appointment forward to the City Council for approval at the April 28, 2015 meeting; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. RECOMMENDATION: 1.1 That the City Council receive applicant presentations, conduct interviews, deliberate on the matter and select an individual to appoint to the City Council to fill the vacancy. The following applicants gave presentations to the City Council as part of the interview and selection process to fill the vacancy on the City Council: 1. Bradley, Ronald Edgar 2. Cooley, James 3. Coram, David James 4. Dodson, Jeffrey Charles "Chip" 5. Garcia, Angel 6. Hooks -Broyles, Sonya Jaye 7. Jeske, KC W (absent) Action Minutes 042015 1 8. Kelliher, John P. 9. Levine, Eric Sean 10. Lopez, Samuel Jr. 11. Malmstrom, Laurie S. 12. McCracken, Michael R. 13. Milam, Ronald O. 14. Pulsipher, David Allen 15. Rombach, George Frederick Xavier 16. Telesio, John H. 17. Turley-Trejo, Lanae 18. Wilkins, Alisha M. The following individual addressed the City Council on this item: • Carol Haley ADJOURNMENT At 7:40 P.M., the City Council meeting was formally adjourned to Tuesday, April 28, 2015, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] Action Minutes 042015 2 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: April 28, 2015 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- 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. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 3,237,523.42. 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 28th day of April, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of April, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk CITY OF TEMECULA LIST OF DEMANDS 04/02/2015 TOTAL CHECK RUN: $ 404,665.29 04/09/2015 TOTAL CHECK RUN: 2,383,752.56 04/09/2015 TOTAL PAYROLL RUN: 449,105.57 TOTAL LIST OF DEMANDS FOR 04/28/2015 COUNCIL MEETING: $ 3,237,523.42 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,048,917.45 135 BUSINESS INCUBATOR RESOURCE 310.69 140 COMMUNITY DEV BLOCK GRANT 9,815.99 165 SARDA AFFORDABLE HOUSING 3,342.69 170 MEASURE A FUND 77,849.09 190 TEMECULA COMMUNITY SERVICES DISTRICT 153,617.08 192 TCSD SERVICE LEVEL B 126.84 194 TCSD SERVICE LEVEL D 865.15 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,886.57 197 TEMECULA LIBRARY FUND 46,825.54 210 CAPITAL IMPROVEMENT PROJECTS FUND 248,941.69 300 INSURANCE FUND 1,788.66 320 INFORMATION TECHNOLOGY 60,438.95 330 CENTRAL SERVICES 17,746.22 340 FACILITIES 36,113.64 375 SUMMER YOUTH EMPLOYMENT PROGRAM 28.99 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,175.74 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,494.81 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,565.94 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 332.41 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,442.74 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 792.55 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 929.97 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,538.62 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 77.85 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 290.29 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 67.22 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 7,039.44 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,290.40 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 553.57 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 523.10 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 892.79 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 100.75 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,436.45 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 1,979.31 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,011.17 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 10,008.24 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 194.92 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 282.31 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 13,345.71 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,724.62 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 80.11 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 331.65 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,099.67 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 100.26 700 CERBT CALIFORNIA EE RETIREE-GASB45 6,100.00 $ 2,788,417.85 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 262,038.46 140 COMMUNITY DEV BLOCK GRANT 2,205.20 165 SARDA AFFORDABLE HOUSING 5,682.16 190 TEMECULA COMMUNITY SERVICES DISTRICT 94,094.80 192 TCSD SERVICE LEVEL B 246.26 194 TCSD SERVICE LEVEL D 2,134.76 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 512.80 197 TEMECULA LIBRARY FUND 879.62 300 INSURANCE FUND 2,355.57 320 INFORMATION TECHNOLOGY 27,564.94 330 SUPPORT SERVICES 6,091.37 340 FACILITIES 10,450.52 375 SUMMER YOUTH EMPLOYMENT PROGRAM 161.21 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 85.28 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 57.07 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 67.68 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.39 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 137.44 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.83 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 35.25 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 233.21 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.33 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.47 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.19 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 155.65 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 33.16 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.19 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.86 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.63 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.36 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 144.23 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 77.15 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 209.18 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 353.87 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.45 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.22 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 199.05 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 64.10 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.95 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.22 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 293.43 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.95 700 CERBT CALIFORNIA EE RETIREE-GASB45 32,373.11 449,105.57 TOTAL BY FUND: $ 3,237,523.42 apChkLst Final Check List Page: 1 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 2667 03/31/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 41,198.22 41,198.22 RETIREMENT) 170075 03/30/2015 003000 STATE WATER RESOURCE NOI fee:rancho cal rd pavement rehab 606.00 606.00 CONTROL 170076 04/02/2015 016764 ABM BUILDING SERVICES, LLC emerg hvac repairs: civic ctr 962.85 EMERG HVAC REPAIRS:CIVIC CENTER 290.54 emerg hvac repairs:civ ctr 119.30 EMERG HVAC REPAIRS:CIVIC CENTER 83.27 EMERG HVAC REPAIRS:CIVIC CENTER 387.70 1,843.66 170077 04/02/2015 004802 ADLERHORST INTERNATIONAL Police K-9 monthly training 59.11 59.11 INC 170078 04/02/2015 003951 ALL AMERICAN ASPHALT asphalt products:street maint citywide 969.26 969.26 170079 04/02/2015 013015 ALWAYS RELIABLE BACKFLOW backflow testing & repairs:various parks 50.00 backflow testing:various medians 700.00 750.00 170080 04/02/2015 004240 AMERICAN FORENSIC NURSES Phlebotomy srvcs:temecula police 169.52 (AFN) Phlebotomy srvcs:temecula police 1,248.00 Phlebotomy srvcs:temecula police 655.70 2,073.22 170081 04/02/2015 017786 ANIMAL MEDICAL CENTER K-9 vet services - police 405.00 405.00 170082 04/02/2015 013950 AQUA CHILL OF SAN DIEGO Mar water system svcs: mpsc 33.48 Mar water system svcs: civic center 176.04 Mar water system svcs: civic center 27.00 236.52 170083 04/02/2015 015592 BAMM PROMOTIONAL Softball awards:Sports pgrm 187.92 187.92 PRODUCTS, INC 170084 04/02/2015 007385 BAUDVILLE, INC. Visitor login books:front reception 274.51 274.51 170085 04/02/2015 016232 BEEPSMART misc toner & ink for printers:info 5,275.80 5,275.80 COMMUNICATIONS, INC 170086 04/02/2015 002377 BEST BUY COMPANY INC Computer puchase prgm: Deards, John 539.99 539.99 170087 04/02/2015 016218 BIG GIANT MEDIA, INC EVENT SRVCS:MUSIC, DJ, TEEN 275.00 275.00 RADIO, MISC 170088 04/02/2015 009127 BOCA SYSTEMS INC Theater Ticket Stock 1,888.03 1,888.03 Pagel apChkLst Final Check List Page: 2 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170089 04/02/2015 003138 CAL MAT misc asphalt supplies:pw street maint 243.50 misc asphalt supplies:pw street maint 164.66 408.16 170090 04/02/2015 005311 CERTIFIED POOL WATER Mar 15 maint svcs for fountain: civic 350.00 SPCL. Mar 15 maint svcs for pools: crc & tes 1,025.00 Mar 15 maint svcs for fountain: civic 550.00 1,925.00 170091 04/02/2015 017392 CLS CONSTRUCTION p/e 03/15 citywide concrete repairs: cip 77,849.09 77,849.09 170092 04/02/2015 000442 COMPUTER ALERT SYSTEMS install security alarm receiver:theater 892.00 892.00 170093 04/02/2015 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: civic center 175.50 DIST. misc electrical supplies: var park sites 239.76 415.26 170094 04/02/2015 013379 COSSOU, CELINE TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 714.00 TCSD Instructor Earnings 441.00 1,323.00 170095 04/02/2015 001264 COSTCO TEMECULA#491 MISC SUPPLIES:TEAM PACE 172.45 Misc supplies:eco dev workshops 80.80 Business development workshop:tve2 50.01 303.26 170096 04/02/2015 010650 CRAFTSMEN PLUMBING & facility rehab:install roof supports 5,308.00 5,308.00 HVAC INC 170097 04/02/2015 016942 CREATIVE MANAGEMENT RECLASS STUDY: 2ND GROUPING: 8,295.00 SOLUTIONS PHASE TWO RECLASS STUDY: 2ND GROUPING: PHA, 1,050.00 9,345.00 170098 04/02/2015 008810 CROSSTOWN ELECTRICAL & Maint & repair CCTV cameras:pwtraffic 460.00 460.00 DATA 170099 04/02/2015 010054 DANCE MAGAZINE, INC. magazine renewal: tcsd 34.95 34.95 170100 04/02/2015 003945 DIAMOND ENVIRONMENTAL Mar portable restroom rentals:Vail Ranch 52.80 SRVCS Mar portable restroom rentals:La Serena 52.80 Mar portable restroom rentals:Lng Cnyon 52.80 Mar portable restroom rentals:Riverton 52.80 211.20 170101 04/02/2015 004192 DOWNS ENERGY FUEL & Fuel for City vehicles: tcsd 527.71 LUBRICANTS Fuel for City vehicles: tcsd 118.94 Fuel for City vehicles: pw parks maint 790.26 Fuel for City vehicles: pw 103.36 Fuel for City vehicles: pw traffic 403.83 Fuel for City vehicles: info tech 46.19 Fuel for City vehicles: pw 814.53 Fuel for City vehicles: police dept 120.14 2,924.96 Page2 apChkLst Final Check List Page: 3 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170102 04/02/2015 011202 EMH SPORTS USA, INC TCSD instructor earnings 462.00 462.00 170103 04/02/2015 000165 FEDERAL EXPRESS INC 03/05/15 Express mail svcs: cc & pd 57.23 03/10/15 Express mail services 14.83 72.06 170104 04/02/2015 015767 FOODSERVICEWAREHOUSE.0 commercial coffee system: mpsc 1,581.11 1,581.11 OM 170105 04/02/2015 012986 FUN EXPRESS MISC SUPPLIES:HIGH HOPES PGRM 201.77 201.77 170106 04/02/2015 016184 FUN EXPRESS, LLC MISC. SUPPLIES: VAR CSD SPECIAL 361.80 EVENTS MISC PGRM SUPPLIES:HUMAN SERVICE 82.75 444.55 170107 04/02/2015 010326 G E MOBILE WATER, INC WATER FILTRATION SUPPLIES: STA 73 89.92 89.92 170108 04/02/2015 003946 G T ENTERTAINMENT DJ & Emcee: Easter Eggstravanganza 300.00 300.00 170109 04/02/2015 017036 GASQUE, COURTNEY Theater Performance: April 10, 2015 1,400.00 1,400.00 170110 04/02/2015 013076 GAUDET, YVONNE M. TCSD instructor earnings 1,130.50 TCSD instructor earnings 336.00 1,466.50 170111 04/02/2015 004890 GOLDEN STATE FIRE Sprinkler Certification: Sta 95 700.00 700.00 PROTECTION 170112 04/02/2015 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc Mar 2015 585.20 585.20 SOCIETY 170113 04/02/2015 014173 GOLDSTAR ASPHALT maint equipment: pw street maint div 1,782.00 1,782.00 PRODUCTS 170114 04/02/2015 015451 GREATAMERICA FINANCIAL copier lease: central svcs XXX5744 520.09 SVCS COPIER LEASE: LIBRARY XXX4679 788.41 1,308.50 170115 04/02/2015 003342 HABITAT FOR HUMANITY FY 14-15 comm svc funding award 5,000.00 5,000.00 170116 04/02/2015 008081 HALL & FOREMAN INC p/e 9/27-11/1/14 cnsltnt srvcs:pave 2,132.03 2,132.03 170117 04/02/2015 006250 HAZ MAT TRANS INC HAZARDOUS WASTE DISPOSAL SRVC: 1,955.00 1,955.00 STREET 170118 04/02/2015 002109 HD SUPPLY CONSTR. SUPPLY ear plugs:embassy stes:rancho cal const. 252.72 252.72 LTD Page:3 apChkLst Final Check List Page: 4 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170119 04/02/2015 013749 HELIXSTORM INC. IT Critical Infrastructure Support 1,912.50 1,912.50 170120 04/02/2015 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 2,012.50 TCSD Instructor Earnings 1,487.50 3,500.00 170121 04/02/2015 001407 INTER VALLEY POOL SUPPLY misc pool chemicals: var pool sites 478.51 478.51 INC 170122 04/02/2015 003266 IRON MOUNTAIN OFFSITE OFFSITE MEDIA STORAGE - RECORDS 650.54 650.54 170123 04/02/2015 004119 J T B SUPPLY COMPANY INC TRAFFIC LIGHT SUPPLIES: PW 4,946.40 4,946.40 TRAFFIC 170124 04/02/2015 000820 K R W &ASSOCIATES MAR 15 ENG PLAN CHECK SRVCS:PW 2,145.00 2,145.00 LAND DEV 170125 04/02/2015 003605 LAKE ELSINORE STORM High Hopes event 04/03/15 50.00 50.00 170126 04/02/2015 000210 LEAGUE OF CALIF CITIES LOCO RivDivGen memb mtg 80.00 80.00 Adams/Butler 170127 04/02/2015 000210 LEAGUE OF CALIF CITIES LOCC Riv. Div Gen memb mtg Olson 5/11 40.00 40.00 170128 04/02/2015 004412 LEANDER, KERRY D. TCSD instructor earnings 2,310.00 2,310.00 170129 04/02/2015 003726 LIFE ASSIST INC Emergency medical supplies: Medics 664.75 CPR Class Supplies: Medics 380.18 1,044.93 170130 04/02/2015 013982 M C I COMM SERVICE xxx-0714 gen usage:PD mall alarm 34.08 xxx-0346 general usage 31.33 65.41 170131 04/02/2015 003782 MAIN STREET SIGNS misc street signs: street maint div 494.95 494.95 170132 04/02/2015 004141 MAINTEX INC misc custodial supplies: var park sites 4,550.47 4,550.47 170133 04/02/2015 017427 MATCHETT, VIVIAN TCSD Instructor Earnings 109.20 TCSD Instructor Earnings 182.00 291.20 170134 04/02/2015 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equipment: pw traffic 6,301.83 6,301.83 170135 04/02/2015 015959 MEHEULA MUSIC Peri: Temecula Presents 3/22/15 1,000.00 1,000.00 170136 04/02/2015 013443 MIDWEST TAPE LLC AV collections:TPL 200.83 200.83 Page4 apChkLst Final Check List Page: 5 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170137 04/02/2015 012962 MILLER, MISTY Description TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 364.00 392.00 756.00 170138 04/02/2015 004043 MISSION ELECTRIC SUPPLY, misc electrical supplies:var park sites 93.53 INC misc electrical supplies:var park sites 11.50 misc electrical supplies:var park sites 216.65 321.68 170139 04/02/2015 004040 MORAMARCO, ANTHONY, J. TCSD instructor earnings 14.00 TCSD instructor earnings 672.00 TCSD instructor earnings 392.00 TCSD instructor earnings 595.00 1,673.00 170140 04/02/2015 004040 MORAMARCO, ANTHONY, J. Ent:Easter Egg Hunt -temp tatoos 350.00 350.00 170141 04/02/2015 001214 MORNINGSTAR Sound equipment and services:Bluegrass 6,000.00 PRODUCTIONS, LLC Sound equipment and services:Bluegrass 2,563.06 8,563.06 170142 04/02/2015 009443 MUNYON, DENNIS G. Apr -Jun '15 license fee: old town prkg 2,875.00 2,875.00 170143 04/02/2015 002925 NAPA AUTO PARTS Auto parts & misc supplies: Medics 3.26 3.26 170144 04/02/2015 015122 NI GOVERNMENT SERVICES, Feb 15 satellite phone srvc:EOC/Fire 162.54 162.54 INC. 170145 04/02/2015 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings 1,260.00 1,260.00 170146 04/02/2015 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT.:B&S 428.10 428.10 170147 04/02/2015 002105 OLD TOWN TIRE & SERVICE VEH REPAIRS & MAINT:PW STREET 175.20 MAINT VEH REPAIR & MAINT:PW NPDES DIV 384.72 559.92 170148 04/02/2015 002105 OLD TOWN TIRE & SERVICE VEH REPAIR & MAINT:TCSD 90.35 90.35 170149 04/02/2015 016585 PACIFIC PLAY SYSTEMS, INC. NOV PROG. BILLING #7:PLAYGROUND 53,429.62 53,429.62 EQUIP 170150 04/02/2015 017252 PRESIDIO BRASS, LLC THEATER PERFORMANCE 4/11 3,500.00 3,500.00 170151 04/02/2015 014957 PRN PRODUCTIONS settlement:comedy at the merc 3/28 162.40 162.40 170152 04/02/2015 013725 PROCRAFT INC DOOR MAINT & REPAIR:FIRE STN 84 300.00 300.00 Page:5 apChkLst Final Check List Page: 6 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170153 04/02/2015 017787 R2 VENTURE GROUP Fire captain's yearly meeting 3/16/15 594.00 594.00 170154 04/02/2015 000262 RANCHO CALIF WATER plan chk & inspection fee:PW06-09 3,000.00 3,000.00 DISTRICT 170155 04/02/2015 000406 RIVERSIDE CO SHERIFFS 3/6-7/15 law enforcement:rod run 2015 20,322.87 20,322.87 DEPT 170156 04/02/2015 001365 RIVERSIDE COUNTY OF RENEW PERMIT:THEATER 462.00 462.00 170157 04/02/2015 016256 ROSALES, DAVID PERFORMANCE:ART EXHIBITION 400.00 400.00 4/3/15 170158 04/02/2015 015316 S & S INTERIORS, INC. FACILITIES REHABILITATION: CHAPEL 11,741.50 11,741.50 CARPET 170159 04/02/2015 013376 SECURITY SIGNAL DEVICES FIRE ALARM SMOKE SENSORS:CIVIC 503.13 503.13 INC CTR 170160 04/02/2015 009213 SHERRY BERRY MUSIC settlement:Jazz @ the Merc 3/26 580.00 580.00 170161 04/02/2015 009746 SIGNS BY TOMORROW SIGN POSTING SVCS:PUBLIC 444.60 MEETINGS SIGN POSTING SVCS:PUBLIC MEETING 148.20 SIGN POSTING SVCS:PUBLIC MEETING 296.40 889.20 170162 04/02/2015 010564 SINGLE MOTHERS UNITED IN CDBG SUBRECIPIENT:PUBLIC SVC 8,419.68 8,419.68 PROVIDER 170163 04/02/2015 000537 SO CALIF EDISON Mar 2-28-331-4847:32805 Pauba LS3 100.42 Mar 2-33-357-5785:44747 Redhawk pkwy 29.36 Feb 2-27-560-0625:32380 Deerhollow way 3,608.88 Mar 2-30-296-9522:46679 Primrose Ave 596.91 Mar 2-30-099-3847:29721 Ryecrest 27.45 Mar 2-34-624-4452:32131 S Loop rd lot 930.92 Feb 2-31-419-2873:43000 Hwy -395 26.75 5,320.69 170164 04/02/2015 001212 SO CALIF GAS COMPANY Mar 015-575-0195-2:32211 Wolf vly rd 158.71 Mar 055-475-6169-5:32380 Deerhollow 194.21 352.92 170165 04/02/2015 000282 SO CALIF MUNICIPAL ATHLETIC SCMAF mbrshps:KH,JP,JW,MW 90.00 90.00 170166 04/02/2015 016257 SPICERS PAPER, INC. COPY PAPER:CENTRAL SERVICES 4,041.49 4,041.49 Page:6 apChkLst Final Check List Page: 7 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170167 04/02/2015 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total misc supplies:var csd special events 452.91 MISC SUPPLIES:THEATER 15.57 SUPPLIES:CRC & RECREATION 22.01 490.49 170168 04/02/2015 010191 TAYLOR, JUDY PERF:BLUEGRASS FESTIVAL 2015 200.00 200.00 EMCEE SVC 170169 04/02/2015 010493 TEMECULA TOWNE CENTER APR LEASE PMT: PD MALL 1,458.33 1,458.33 ASSOC LP STOREFRONT 170170 04/02/2015 010276 TIME WARNER CABLE Apr high speed internet:Civic Center 4,178.06 4,178.06 170171 04/02/2015 016670 TOTAL IMAGING SOLUTIONS, SVC AGREEMENT RENEWAL:LIBRARY 835.00 835.00 LLC SCANNER 170172 04/02/2015 017565 TRAFFIC MANAGEMENT INC. guardrail materials:accident:de portola 3,159.00 3,159.00 170173 04/02/2015 004124 TRUELINE RESURFACE TENNIS COURTS:TVHS 29,925.00 29,925.00 170174 04/02/2015 010169 UNITED TOWING SERVICE, INC TOWING SERVICES:POLICE FY14/15 220.00 220.00 170175 04/02/2015 017579 US HEALTHWORKS MEDICAL PRE-EMPLOYMENT DRUG 65.00 GROUP SCREENINGS PRE-EMPLOYMENT DRUG SCREENINGS. 43.00 PRE-EMPLOYMENT DRUG SCREENINGS 43.00 PRE-EMPLOYMENT DRUG SCREENINGS. 104.00 PRE-EMPLOYMENT DRUG SCREENINGS 55.00 310.00 170176 04/02/2015 004261 VERIZON Mar xxx-0074 general usage Mar xxx-5072 general usage 170177 04/02/2015 004789 VERIZON Mar Internet svcs:senior center Mar Internet svcs:Library 170178 04/02/2015 006248 WALKER, JESSICA TCSD Instructor Earnings 170179 04/02/2015 001342 WAXIE SANITARY SUPPLY INC MISC CLEANING SUPPLIES:TCC, HIST. MUSEUM 170180 04/02/2015 015685 WEB QA, INC. WEB SUB SWANNUAL RENEWAL:RECORDS 170181 04/02/2015 003730 WEST COASTARBORISTS INC EMERGENCY SLOPE MAINT:BARCLAY ESTATES EMERGENCY TREE REMOVAL:PRESLEY TREE MAINT SVCS:HARVESTON SLOPE TREE MAINT SVCS:VINTAGE HILLS SLOF 3,339.19 49.93 144.99 184.99 3,389.12 329.98 315.00 315.00 370.47 370.47 4,980.00 4,980.00 1,188.00 364.00 7,482.00 3,592.00 12,626.00 Page:7 apChkLst Final Check List Page: 8 04/02/2015 11:09:14AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170182 04/02/2015 013556 WESTERN AUDIO VISUAL Projector bulbs for Traffic Center 2,243.38 2,243.38 1000412 03/26/2015 015691 CALIFORNIA VIRTUAL Refund:Sec Dep:TCC Classroom B 200.00 200.00 ACADEMY 1000413 03/26/2015 017802 RISCO, HEATHER Refund:Sec Dep:Harveston Center MPR 200.00 200.00 1000414 03/26/2015 017803 THOMPSON, MICHYLA Refund:Sec Dep:Harveston Center MPR 200.00 200.00 1000415 03/26/2015 017801 TRUELEGACY INSURANCE Refund:Library-Community Room A 105.00 105.00 SOLUTIONS Grand total for UNION BANK: 404,665.29 Page:8 apChkLst Final Check List Page: 9 04/02/2015 11:09:14AM CITY OF TEMECULA 113 checks in this report. Grand Total All Checks: 404,665.29 Page:9 apChkLst 04/09/2015 Final Check List Page: 1 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 2670 04/14/2015 000246 PERS (EMPLOYEES' RETIREMENT) 2671 04/09/2015 000389 NATIONWIDE RETIREMENT SOLUTION 2672 04/09/2015 001065 NATIONWIDE RETIREMENT SOLUTION 2673 04/13/2015 000444 INSTATAX (EDD) 2674 04/13/2015 000283 INSTATAX (IRS) 2675 04/09/2015 000194 ICMA RETIREMENT -PLAN 303355 2676 04/09/2015 010349 CALIF DEPT OF CHILD SUPPORT 2677 04/09/2015 000245 PERS - HEALTH INSUR PREMIUM 2678 04/09/2015 017429 COBRA ADVANTAGE INC. 170183 04/09/2015 004973 ABACHERLI, LINDI 170184 04/09/2015 001947 AM E RI GAS 170185 04/09/2015 001323 ARROWHEAD WATER INC 170186 04/09/2015 017149 B G P RECREATION, INC. Description PERS RETIREMENT PAYMENT OBRA - PROJECT RETIREMENT PAYMENT NATIONWIDE RETIREMENT PAYMENT STATE TAXES PAYMENT FEDERAL INCOME TAXES PAYMENT C M A RETIREMENT TRUST 457 PAYMENT SUPPORT PAYMENT PERS HEALTH INSURANCE PAYMENT PERS HEALTH INSURANCEPAYMENT REIMBURSEMENT FSA PAYMENT TCSD instructor earnings Propane fuel for city veh: Sta. 95 02/23-03/22/15 water delivery svcs:pbsp 02/23-03/22 WATER DELIVERY SVCS:FOC 02/23-03/22/15 WATER DELIVERY SVCS: 02/23-03/22 water delivery svcs:aquatics 02/23-03/22 WATER DELIVERY SVCS:HAF 02/23-03/22 WATER DELIVERY SVCS:TCC 02/23-03/22 WATER DELIVERY SVCS:TVI\ 02/23-03/22 WATER DELIVERY SVCS:CR( 02/23-03/22 WATER DELIVERY SVCS:CHI 02/23-03/22 WATER DELIVERY SVCS:LIBF 02/23-03/22 WATER DELIVERY SVC: CITY 02/23-03/22/15 WATER DELIVERY SVC: T TCSD instructor earnings TCSD instructor earnings Amount Paid Check Total 40,510.98 2,362.88 13,590.73 23,194.34 82,922.36 5,148.20 1,439.52 0.00 101,413.85 6,255.98 595.00 852.44 49.85 76.98 6.47 6.47 6.47 31.18 20.56 97.55 6.47 66.19 32.71 69.68 1,050.00 787.50 40,510.98 2,362.88 13,590.73 23,194.34 82,922.36 5,148.20 1,439.52 101,413.85 6,255.98 595.00 852.44 470.58 1,837.50 Pagel apChkLst Final Check List Page: 2 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170187 04/09/2015 011954 BAKER & TAYLOR INC Description Amount Paid Check Total Library collections (books etc.):TPL 283.46 Library collections (books etc.):TPL 97.46 Library collections (books etc.):TPL 1,063.66 1,444.58 170188 04/09/2015 006254 BALLET FOLKLORICO TCSD Instructor Earnings 273.00 TCSD Instructor Earnings 315.00 588.00 170189 04/09/2015 003138 CAL MAT misc asphalt supplies:pw street maint 241.13 misc asphalt supplies:pw street maint 241.13 482.26 170190 04/09/2015 017820 CALIFORNIA STATE PARKS Refund:Sec Dep:Conference Center A/B 100.00 100.00 170191 04/09/2015 004228 CAMERON WELDING SUPPLY HELIUM TANK REFILLS:SPECIAL 76.82 76.82 EVENTS 170192 04/09/2015 010514 CAMPINI'S ITALIAN DELI refreshments:CERT training 04/12/15 597.00 597.00 170193 04/09/2015 004971 CANON FINANCIAL SERVICES, Apr 15 Copier lease: Civic Center 3,004.54 3,004.54 INC 170194 04/09/2015 004006 CARROLL, JOSEPH photography svcs:official photos 1,215.00 1,215.00 170195 04/09/2015 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 205.85 205.85 TRUSTEE 170196 04/09/2015 016446 CHRISTIAN STITCHERY, INC. T-shirts:2015 every 15 min pgrm 746.55 746.55 170197 04/09/2015 017429 COBRA ADVANTAGE INC. Mar 15 flex processing fees 175.50 175.50 170198 04/09/2015 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 24.00 24.00 CHARITIES PAYMENT 170199 04/09/2015 011868 CONVALIAN PRODUCTIONS Performance: summer concert series 7.9 1,500.00 1,500.00 170200 04/09/2015 001923 CONVERSE CONSULTANTS 10/4-01/30/15 GEOTECH SVC:SPECIAL 2,968.50 2,968.50 NEEDS 170201 04/09/2015 013379 COSSOU, CELINE TCSD Instructor Earnings 567.00 567.00 170202 04/09/2015 014521 COSTAR GROUP Apr 15 web subscription:Eco Dev 397.13 397.13 INFORMATION, INC 170203 04/09/2015 004329 COSTCO TEMECULA #491 Misc. supplies:var csd special events 2,596.84 Misc supplies:theater hospitality 380.90 2,977.74 Page2 apChkLst Final Check List Page: 3 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor (Continued) Description Amount Paid Check Total 170204 04/09/2015 010650 CRAFTSMEN PLUMBING & plumbing repair srvcs: crc 1,295.00 1,295.00 HVAC INC 170205 04/09/2015 001393 DATA TICKET, INC. Feb 15 Parking citation 1,155.61 1,155.61 170206 04/09/2015 003945 DIAMOND ENVIRONMENTAL 3/23-4/19 prtbl restroom rentals:GOHS 52.80 52.80 SRVCS 170207 04/09/2015 004192 DOWNS ENERGY FUEL & Fuel for City vehicles: pw 208.13 208.13 LUBRICANTS 170208 04/09/2015 002528 EAGLE GRAPHIC CREATIONS BUSINESS RECOGNITION 131.76 131.76 INC PLAQUES:ECO DEV 170209 04/09/2015 002390 EASTERN MUNICIPAL WATER Mar water meter:32131 S Loop rd dcda 43.61 DIST Mar water meter:32131 S Loop rd bldg 96.26 Mar water meter:32131 S Loop rd Idsc 169.33 309.20 170210 04/09/2015 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 157.50 AILEEN TCSD Instructor Earnings 173.25 TCSD Instructor Earnings 236.25 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 173.25 TCSD Instructor Earnings 267.75 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 192.94 TCSD Instructor Earnings 173.25 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 283.50 TCSD Instructor Earnings 15.75 2,145.94 170211 04/09/2015 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 87.50 87.50 AILEEN 170212 04/09/2015 000395 ECONOMIC DEVELOPMENT Team Riv Cnty Prtnrshp: MD&M 1,200.00 1,200.00 CORP tradeshow 170213 04/09/2015 004829 ELLISON WILSON ADVOCACY state legis consulting svcs: cm office 3,500.00 3,500.00 LLC 170214 04/09/2015 011202 EMH SPORTS USA, INC TCSD instructor earnings 966.00 TCSD instructor earnings 262.50 TCSD instructor earnings 505.40 TCSD instructor earnings 280.00 2,013.90 170215 04/09/2015 011203 ENVIRONMENTAL CLEANING Mar 15 janitorial svcs:var park restroom 5,265.00 5,265.00 Page:3 apChkLst Final Check List Page: 4 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 170216 04/09/2015 011292 ENVIRONMENTAL SCIENCE FEB SUPPLEMENTAL EIR:TEM VALLEY ASSOC. HOSPITAL 170217 04/09/2015 001056 EXCEL LANDSCAPE, INC. Mar 15 maint svcs: north slopes Mar 15 Idscp maint srvcs:parks Mar 15 Idscp maint srvcs:medians Mar 15 landscape maint: parks Mar 15 Idscp maint srvcs: var facilities Mar 15 Idscp maint srvcs: south slopes Amount Paid Check Total 1,050.00 1,050.00 21,610.97 51,365.88 18,094.70 48,525.10 9,993.13 34,844.87 184,434.65 170218 04/09/2015 017432 EYEMED VISION CARE VISION PLAN PAYMENT 850.62 850.62 170219 04/09/2015 009953 FEDERAL CLEANING Apr 15 Janitorial srvcs:police mall 854.50 CONTRACTORS Mar 15 Janitorial srvcs:police mall 854.50 1,709.00 170220 04/09/2015 000165 FEDERAL EXPRESS INC 03/19 Express mail services: city clerk 10.15 10.15 170221 04/09/2015 017821 FLORES, NANETTE Refund:Picnic-Ronald Reagan Sports 60.00 60.00 Park 170222 04/09/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 350.00 350.00 170223 04/09/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00 170224 04/09/2015 016436 FRICK, TRACY supplies for museum exhibit 138.90 138.90 170225 04/09/2015 016184 FUN EXPRESS, LLC 2015 Easter Egg Hunt- misc. supplies 6,016.94 2015 Easter Egg Hunt- misc. supplies 25.95 6,042.89 170226 04/09/2015 014173 GOLDSTAR ASPHALT misc asphalt supplies:pw st maint div 94.39 94.39 PRODUCTS 170227 04/09/2015 016552 GONZALES, MARK ALLEN TCSD Instructor Earnings 360.00 360.00 170228 04/09/2015 000175 GOVERNMENT FINANCE '15 GFOA MB: PB/RG/JH 210.00 210.00 OFFICERS 170229 04/09/2015 003792 GRAINGER vent fan motor: civic center 305.37 credit for felt pads round: theater -27.47 277.90 170230 04/09/2015 015451 GREATAMERICA FINANCIAL Copier lease: central svcs/TVE2 xxx3564 1,341.70 SVCS copier lease: central svcs XXX7596 289.44 1,631.14 Page4 apChkLst Final Check List Page: 5 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170231 04/09/2015 000186 HANKS HARDWARE INC Description Mar 15 misc hardware supplies: tvm Mar 15 misc hardware supplies:var parks Mar 15 misc hardware supplies: Library Mar 15 misc hardware supplies:harveston Mar 15 misc hardware supplies:mpsc Mar 15 misc hardware supplies:aquatics Mar 15 misc hardware supplies:st. maint Mar 15 misc hardware supplies: info tech Mar 15 misc hardware supplies:children's Mar 15 misc hardware supplies:old town 170232 04/09/2015 002109 HD SUPPLY CONSTR. SUPPLY misc maint supplies:pw street maint LTD 170233 04/09/2015 013749 HELIXSTORM INC. IT Critical Infrastructure Support 170234 04/09/2015 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings TCSD Instructor Earnings 170235 04/09/2015 004217 HYDRO TEK COMPANY Misc equip parts: street maint. div 170236 04/09/2015 014062 ID CARD GROUP PROXIMITY CARDS & ACCESSORIES:INFO TECH 170237 04/09/2015 013695 INLAND EMPIRE SHRED IT Shred Services: Records Division Shred Services: Records Division Shred Services: Records Division Amount Paid Check Total 21.25 964.52 36.16 72.52 17.26 46.95 626.58 114.40 153.25 65.00 2,117.89 301.46 301.46 2,475.00 2,475.00 1,487.50 962.50 2,450.00 1,810.38 1,810.38 570.24 570.24 16.70 63.00 15.75 95.45 170238 04/09/2015 012883 JACOB'S HOUSE INC JACOB'S HOUSE CHARITY PAYMENT 40.00 40.00 170239 04/09/2015 008761 JAIME, JUAN EE computer purchase program 1,846.00 1,846.00 170240 04/09/2015 015673 JDS VIDEO & MEDIA VIDEO PRODUCTION SRVCS:ECO DEV 850.00 850.00 PRODUCTIONS 170241 04/09/2015 014692 JOHNSON, BARBARA TCSD Instructor Earnings 205.80 KATHLEEN TCSD Instructor Earnings 88.20 294.00 170242 04/09/2015 014163 JUAN POLLO refreshments:CERT training 04/11/15 419.40 419.40 170243 04/09/2015 003046 K F R O G 95.1 FM RADIO Advertising:Bluegrass Festival 2015 1,010.00 1,010.00 170244 04/09/2015 017819 KALMAR, LADISLAO Refund:Sec Dep:Conference Center A/B 100.00 100.00 Page:5 apChkLst Final Check List Page: 6 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170245 04/09/2015 015358 KELLY PAPER COMPANY, INC. paper supplies:central services 1,176.50 1,176.50 170246 04/09/2015 013879 LAKESHORE LEARNING Supplies:CRC Classes and Activities 53.37 53.37 MATERIALS 170247 04/09/2015 016110 LDCO, INC. p/e 3/31/15 renovation of fire stn 73 132,819.50 132,819.50 170248 04/09/2015 004087 LOWES INC Dishwasher replacement: Sta 92 492.19 492.19 170249 04/09/2015 004813 M & J PAUL ENTERPRISES INC RENTALS:CITYWIDE SPECIAL EVENTS 174.00 4/4/15 RENTALS:CITYWIDE SPECIAL EVENTS 4 174.00 348.00 170250 04/09/2015 009541 MEYER AND ASSOCIATES 10/1-2/28/15 repair/remediate YMCA bldg 5,490.00 5,490.00 170251 04/09/2015 013443 MIDWEST TAPE LLC AV collections:TPL 43.19 43.19 170252 04/09/2015 015675 MIKE BROWN GRANDSTANDS, Bleacher rental:every 15 min pgrm 3,000.00 3,000.00 INC. 170253 04/09/2015 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 66.15 TCSD Instructor Earnings 198.45 TCSD Instructor Earnings 198.45 TCSD Instructor Earnings 332.59 TCSD Instructor Earnings 132.30 927.94 170254 04/09/2015 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 205.80 205.80 170255 04/09/2015 004040 MORAMARCO, ANTHONY, J. TCSD instructor earnings 472.50 TCSD instructor earnings 945.00 TCSD instructor earnings 819.00 2,236.50 170256 04/09/2015 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:Finance 46.69 DIV MISC OFFICE SUPPLIES:PW 9.45 MISC OFFICE SUPPLIES:HUMAN RESOU 6.50 62.64 170257 04/09/2015 002105 OLD TOWN TIRE & SERVICE VEH MAINT 457.36 457.36 REPAIRS:PARKS/FACILITIES DIVS 170258 04/09/2015 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 57.08 57.08 INC Page:6 apChkLst Final Check List Page: 7 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170259 04/09/2015 010338 POOL & ELECTRICAL POOL CHEMICALS & SUPPLIES:CRC 30.42 PRODUCTS INC POOL POOL CHEMICALS & SUPPLIES:CRC PO( 108.72 POOL CHEMICALS & SUPPLIES:CRC P0( 132.93 POOL CHEMICALS & SUPPLIES:CRC P0( 189.01 POOL CHEMICALS & SUPPLIES:CRC P0( 378.01 839.09 170260 04/09/2015 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES:PAYMENT 320.90 320.90 INC 170261 04/09/2015 017431 PRINCIPAL LIFE INSURANCE DENTAL INSURANCE PAYMENT 7,929.74 7,929.74 CO 170262 04/09/2015 013721 PROPET DISTRIBUTORS INC PET WASTE BAGS:VARIOUS PARKS 2,763.95 2,763.95 170263 04/09/2015 004029 R J M DESIGN GROUP INC DESIGN SVCS:TEEN/YOUNG ADULT 206.50 206.50 VILLAGE 170264 04/09/2015 000947 RANCHO REPROGRAPHICS REPRODUCTION SVCS: PARK AND 10.80 10.80 RIDE 170265 04/09/2015 000418 RIVERSIDE CO CLERK & ntc of exemption fee:PW15-02 50.00 RECORDER notice of exemption:PW15-01 50.00 100.00 170266 04/09/2015 014027 RIVERSIDE CO ECO DEV STAFFING:LIBRARY 41,860.00 41,860.00 AGENCY 170267 04/09/2015 001592 RIVERSIDE CO INFO emergency radios:temecula police fleet 2,912.86 2,912.86 TECHNOLOGY 170268 04/09/2015 000406 RIVERSIDE CO SHERIFFS 1/8/15-2/4/15 LAW ENFORCEMENT 1,541,020.53 1,541,020.53 DEPT 170269 04/09/2015 000406 RIVERSIDE CO SHERIFFS BAS. SURVEILLANCE & EQUIP:DEP. 283.00 DEPT EG 4/20-2 canine handler update:Dep. Cramer 283.00 566.00 170270 04/09/2015 014347 ROBERTS, PATRICIA G. TCSD Instructor Earnings 315.00 315.00 170271 04/09/2015 015316 S & S INTERIORS, INC. FLOORING 3,626.00 3,626.00 IMPROVEMENTS:HARVESTON CTR 170272 04/09/2015 009980 SANBORN, GVVYNETH A. Settlement:Country at the Merc 4/4 363.75 363.75 170273 04/09/2015 013376 SECURITY SIGNAL DEVICES SECURITY ALARM REPAIR SVCS: CIV 764.50 764.50 INC CENTER Page:7 apChkLst Final Check List Page: 8 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 170274 04/09/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 213.89 213.89 CENTRAL 170275 04/09/2015 009213 SHERRY BERRY MUSIC Settlement:Jazz at the Merc 4/2 685.00 685.00 170276 04/09/2015 004498 SIEMENS INDUSTRY, INC. TRAFFIC SIGNAL MAINT SVCS:PW 381.08 381.08 TRAFFIC 170277 04/09/2015 000645 SMART & FINAL INC RECREATION CLASS SUPPLIES:CSD 428.35 428.35 Page:8 apChkLst Final Check List Page: 9 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170279 04/09/2015 000537 SO CALIF EDISON Description Amount Paid Check Total Mar 2-35-403-6337:41375 McCabe Ct 797.78 Mar 2-25-393-4681:41951 Moraga Rd 539.63 Mar 2-31-912-7494:28690 Mercedes 1,153.58 Mar 2-29-933-3831:43230 Bus park dr 1,525.01 Mar 2-19-171-8568:28300 Mercedes 417.92 Mar 2-18-937-3152:28314 Mercedes 582.23 Mar 2-02-351-4946:41845 6th St 833.28 Mar 2-14-204-1615:30027 Front st rdio 36.64 Mar 2-32-903-8293:41000 Main St 13,430.78 Mar 2-29-953-8082:31523 Wolf vly rd 28.31 Mar 2-29-953-8249:46497 Wolf creek dr 27.43 Mar 2-31-419-2873:43000 Hwy -395 24.24 Mar 2-35-707-0010:33451 S Hwy -79 54.38 Mar 2-31-536-3481:41902 Main St 201.16 Mar 2-31-536-3655:41904 Main St 992.66 Mar 2-34-333-3589:41702 Main St 25.98 Mar 2-35-164-3770:43487 Butterfield stg 28.71 Mar 2-35-164-3663:42335 Meadows pkwy 26.92 Mar 2-35-164-3515:32932 Leena way 26.92 Mar 2-35-164-3242:44270 Meadows pkwy 27.95 Mar 2-29-223-8607:42035 2nd St PED 699.44 Mar 2-29-657-2787:41638 Winchester 24.80 Mar 2-29-807-1093:28079 Diaz Rd 25.24 Mar 2-29-807-1226:28077 Diaz Rd 25.24 Mar 2-31-031-2616:27991 Diaz Rd 25.67 Mar 2-31-282-0665:27407 Diaz Rd 25.67 Mar 2-36-641-3912:27498 Enterprise cir 36.92 Mar 2-35-074-2847:26902 Jefferson Ave 30.77 Mar 2-21-981-4720:30153 Tem pkwy tpp 23.85 Mar 2-28-904-7706:32329 Overland Trl 160.28 Mar 2-30-520-4414:32781 Tem pkwy LS3 1,060.24 Mar 2-00-397-5067:TCSD svc lev C 2,314.35 Mar 2-31-536-3226:28690 Mercedes 1,322.50 Mar 2-29-295-3510:32211 Wolf vly rd 920.54 Mar 2-29-224-0173:32364 Overland Trl 1,326.12 Mar 2-36-641-3839:27498 Enterprise cir 29.91 Mar 2-00-397-5042:43200 Bus park dr #1 2,946.42 Mar 2-35-664-9053:29119 Margarita Rd 148.49 31,927.96 Page:9 apChkLst Final Check List Page: 10 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170280 04/09/2015 001212 SO CALIF GAS COMPANY Description Amount Paid Check Total Mar 021-725-0775-4:41845 6th St 141.70 Mar 196-025-0344-3:42081 Main St 100.62 Mar 101-525-0950-0:28816 Pujol St 20.05 Mar 133-040-7373-0:43210 Bus park dr 18.13 Mar 101-525-1560-6:27415 Enterprise cir 121.58 Mar 095-167-7907-2:30650 Pauba Rd 256.28 Mar 117-188-6393-6:32131 S Loop Rd 110.07 Mar 129-582-9784-3:43230 Bus park dr 212.04 Mar 091-024-9300-5:30875 Rancho vista 2,277.53 Mar 028-025-1468-3:41375 McCabe Ct 33.46 Mar 055-461-2483-4:40135 Village Rd 81.35 Mar 125-244-2108-3:30600 Pauba Rd 287.18 Mar 129-535-4236-7:41000 Main St 1,447.32 Mar 181-383-8881-6:28314 Mercedes 74.64 Mar 026-671-2909-8:42051 Main St 128.28 5,310.23 170281 04/09/2015 000519 SOUTH COUNTY PEST PEST CONTROL SVCS:WOLF CREEK 49.00 CONTROL INC PARK PEST CONTROL SVCS:VARIOUS CITY FA 800.00 MISC PEST CONTROL SVCS:PBSP 70.00 PEST CONTROL SVCS:CITY FIRE STN 84 80.00 PEST CONTROL SVCS:CITY FIRE STN 84 48.00 1,047.00 170282 04/09/2015 004282 SOUTHWEST TRAFFIC Vehicle repairs to Jeep: pw cip 1,143.28 1,143.28 SYSTEMS 170283 04/09/2015 000293 STADIUM PIZZA INC REFRESHMENTS:HUMAN SERVICES 117.95 117.95 PGRM 170287 04/09/2015 007762 STANDARD INSURANCE LIFE INSURANCE PAYMENT 8,235.75 8,235.75 COMPANY 170288 04/09/2015 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 917.20 917.20 COMPANY PAYMENT 170289 04/09/2015 015648 STEIN, ANDREW PROMO ITEMS:25TH ANNIVERSARY 913.88 913.88 170290 04/09/2015 001546 STRAIGHT LINE GLASS replace glass table top: library 212.74 212.74 170291 04/09/2015 010924 T & D COMMUNICATIONS, INC. GEN CABLING SVCS:CIVIC 1,326.36 CTR/OFF-SITE FAC GEN CABLING SVCS:CIVIC CTR/OFF-SIT 331.47 General cabling services:Civic Center 337.34 1,995.17 Pagel 0 apChkLst Final Check List Page: 11 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 170292 04/09/2015 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total MISC SUPPLIES:HISTORY MUSEUM 82.91 MISC SUPPLIES:HARVESTON CENTER 96.83 MISC. SUPPLIES:CHILDREN'S MUSEUM 37.77 MISC SUPPLIES:THEATER 33.28 MISC SUPPLIES:THEATER 7.81 MISC SUPPLIES:MPSC 270.19 MISC SUPPLIES:TCC CENTER 80.47 609.26 170293 04/09/2015 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,960.00 4,960.00 170294 04/09/2015 017295 TEMECULA PIZZA FACTORY REFRESHMENTS:TEEN EGG HUNT 39.50 39.50 170295 04/09/2015 000515 TEMECULA VALLEY CHAMBER APR -JUN '15 SPONSORSHIP 33,750.00 33,750.00 OF AGREEMENT PMT 170296 04/09/2015 000306 TEMECULA VALLEY PIPE & misc maint supplies:var park sites 124.74 SUPPLY MISC MAINT SUPPLIES:VAR PARK SITES 573.83 698.57 170297 04/09/2015 004274 TEMECULA VALLEY SECURITY locksmith services:PW 10.80 10.80 CENTR 170298 04/09/2015 000668 TIMMY D PRODUCTIONS INC DJ/EMCEE:2015 EASTER EGG HUNTS 350.00 350.00 170300 04/09/2015 017430 TRANSAMERICA LIFE TRANSAMERICA ADVANTAG PAYMENT 2,553.40 2,553.40 INSURANCE CO 170301 04/09/2015 012344 TRANSPORTATION CONCEPTS SHUTTLES:ROD RUN 2015 2,976.00 2,976.00 170302 04/09/2015 007766 UNDERGROUND SERVICE UNDERGROUND UTILITY 160.50 160.50 ALERT LOCATOR:PW TRAFFIC 170303 04/09/2015 002110 UNITED RENTALS NORTH MISC EQUIP RENTALS:PW STREET 44.15 AMERICA MAINT MISC EQUIP RENTALS:PW STREET MAIN 33.21 MISC EQUIP RENTALS:PW STREET MAIN 38.48 115.84 170304 04/09/2015 000325 UNITED WAY UNITED WAY CHARITIES PAYMENT 5.00 5.00 170305 04/09/2015 014848 VALUTEC CARD SOLUTIONS, TICKETING SERVICES: THEATER 39.00 LLC ticketing services: Theater 39.00 78.00 170306 04/09/2015 004261 VERIZON Mar xxx-2886 gen usage:harveston ctr 132.15 132.15 170307 04/09/2015 004789 VERIZON Mar Internet svcs:Theater 124.99 124.99 Page:11 apChkLst Final Check List Page: 12 04/09/2015 9:26:24AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 170308 04/09/2015 014486 VERIZON WIRELESS 03/16-04/15 Broadband usage: Citywide Amount Paid Check Total 1,958.20 1,958.20 170309 04/09/2015 001342 WAXIE SANITARY SUPPLY INC MISC CLEANING SUPPLIES:VARIOUS 1,186.22 1,186.22 FACILITIE 170310 04/09/2015 013556 WESTERN AUDIO VISUAL EXTRON DVS 304 HALF RACK 1,952.86 1,952.86 REPLACEMNT:AV 170311 04/09/2015 005118 WILLCOX, GWEN Refund:Sec Dep:Conference Center A/B 100.00 100.00 170312 04/09/2015 009512 WURMS JANITORIAL JANITORIAL SVCS:OLD TOWN 443.40 SERVICES, INC THEATER APR JANITORIAL SVCS:POLICE OLD TOWN OFC 269.57 712.97 Grand total for UNION BANK: 2,383,752.56 Page:12 apChkLst Final Check List Page: 13 04/09/2015 9:26:24AM CITY OF TEMECULA 134 checks in this report. Grand Total All Checks: 2,383,752.56 Page:13 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: April 28, 2015 SUBJECT: Authorize the Mayor to Send Letter(s) of Support for a Multi -Year Federal Transportation Bill that Directs Greater Funding Availability to Local Government PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council authorize the Mayor, on behalf of the City, to send letter(s) of support (and solicit local and regional jurisdictions to do the same) for a multi-year Federal Transportation Bill that directs a greater share of available funds to local governments and their regional agencies to provide critical transportation funding for federally - assisted bridge, highway, transit, and other transportation projects. BACKGROUND: The City of Temecula and its regional partners have made considerable investments in planning and constructing new highway projects to support local and regional transportation needs. However, significant federal assistance is essential to complete the French Valley Parkway/I-15 Interchange. The French Valley Parkway/I-15 Interchange is one of the City's and region's highest priorities. It will improve traffic transitions on Interstate 15 while allowing direct access to Interstate 215, and significantly improve traffic conditions by alleviating traffic backups that occur along the freeway. US Congressman Ken Calvert met with Mayor Comerchero and discussed this project and the need for an adequately -funded, multi-year surface transportation federal reauthorization that addresses funding for critical transportation infrastructure needs. Staff has worked with Congressman Calvert's office and David Turch & Associates to draft a letter in support of a Federal Transportation Bill that would allocate federal funding to local and regional jurisdictions for transportation infrastructure. FISCAL IMPACT: There is no fiscal impact to the City associated with the communication of the correspondence. ATTACHMENTS: Draft letter of support DRAFT April 28, 2015 The Honorable William Shuster, Chairman The Honorable Peter DeFazio, Ranking Member House Committee on Transportation and Infrastructure 2165 Rayburn House Office Building Washington, DC 20515-6256 The Honorable James Inhofe, Chairman The Honorable Barbara Boxer, Ranking Member Senate Committee on Environment and Public Works 410 Dirksen Senate Office Building Washington, DC 20510-6175 The Honorable Richard Shelby, Chairman The Honorable Sherrod Brown, Ranking Member Senate Committee on Banking, Housing and Urban Affairs 534 Dirksen Senate Office Building Washington, DC 20510-6075 The Honorable John Thune, Chairman The Honorable Clarence Nelson, Ranking Member Senate Committee on Commerce, Science and Transportation 512 Dirksen Senate Office Building Washington, DC 20510-6125 Re: Support for a Multi -Year Federal Transportation Bill that Directs a Greater Share of Available Funds to Local Governments and their Regional Agencies to Provide Critical Transportation Funding for Federally -Assisted Bridge, Highway, Transit, and other Transportation Projects Dear On behalf of the City of Temecula, thank you for your efforts to stave off any disruption in the flow of critical transportation funding for federally -assisted bridge, highway, transit, and other transportation projects. With a MAP -21 extension in place, we are also writing to ask you to support an adequately -funded, multi-year surface transportation reauthorization that addresses our nation's transportation infrastructure needs by directing a greater share of available funds to local governments and their regional agencies. The City of Temecula respectfully requests your support and assistance in securing federal funds for certain infrastructure projects in our region that are critical to public safety. Specifically, we ask April 28, 2015 Page 2 of 3 DRAFT that the next authorization bill increase the amount of Surface Transportation Program and other program funding that is suballocated to local areas. Cities, counties and townships collectively own 78 percent of the nation's road miles, 43 percent of the nation's federal -aid highway miles, and 50 percent of the nation's bridge inventory, and operate a majority of the nation's ports, airports and transit systems. Additionally, local governments maintain nearly all public parking structures, sidewalks and other ancillary transportation facilities, other related infrastructure, and oversee all land use and development practices. As local elected officials, we are responsible for the vast majority of our transportation system, and are best situated to direct available transportation resources to projects serving our community and region. Despite being responsible for a majority share of our country's transportation network and being the level of government closest to the people, local governments and our metropolitan and regional planning organizations are suballocated a very limited share of federal highway funding — less than 15 percent of the total highway program. MAP -21 further strained local governments by decreasing — by 30 percent — the amount of highway funding available for the transportation infrastructure. As an example, the City of Temecula is underfunded to complete the French Valley Parkway/I-15 Interchange This is a new interchange of critica importance on Interstate 15 in Southern California. This project is one of the City's and region's highest priorities, located between the Cities of Temecula and Murrieta and at the fork of Interstate 15 and Interstate 215 where significant traffic congestion exists. The new interchange will improve traffic transitions on Interstate 15 while allowing direct access to Interstate 215, and significantly improve motorist safety by alleviating significant traffic backups. The total project cost is roughly $223M. _.Local funding of approximately $29M has already been paid for Phase 1, which was constructed in April of 2014 consisting of a new southbound off ramp at French Valley Parkway, and a new auxiliary lane and widening of the existing southbound Winchester Road off ramp. Final design of Phase 2 is fully funded and progressing, and the City has funding in place to begin some of the necessary right-of-way acquisitions. While the project is eligible for substantial additional local funding (TUMF & Measure A) the loss of revenue attributed to the great recession has severely impacted program revenue forecasts for those programs and they are insufficient to fulfill the local need. Thus it is apparent significant federal assistance will be needed to make this project a reality in the amount of $94 Million. In this next reauthorization, we urge you to reaffirm your commitment to the nation's transportation system by increasing funding to its majority owners using the planning, decision-making and allocation processes modeled after those of the Surface Transportation Program. It is our belief that supporting locally owned infrastructure and emphasizing locally and regionally based decision- April 28, 2015 Page 2 of 3 DRAFT making will secure the most cost-effective, and economy- and mobility -enhancing investments to build our future. We respectfully request that you enact an adequately funded, multi-year surface transportation reauthorization law that addresses our transportation needs. Thank you for your consideration to allocate adequate resources to local and other regional agencies for transportation infrastructure. Sincerely, Jeff Comerchero, Mayor Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: April 28, 2015 SUBJECT: Receive Report Regarding Status of Vacancy on Community Services Commission PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council receive the report regarding the status of the potential vacancy on the Community Services Commission. BACKGROUND: Assuming the City Council appoints Michael R. McCracken to fill the vacancy on the City Council later this evening, a vacancy would be created on the Community Services Commission of which Mr. McCracken is currently the Chair. The term expires on October 10, 2016. The vacancy will be advertised through established procedures including the newspaper, website and social media outlets. The application for this vacancy will be available immediately and the application period will be open from May 1, 2015 — May 15, 2015. It is anticipated that the City Council will make an appointment to fill the vacancy on the Community Services Commission for the term expiring October 10, 2016 at the June 9, 2015 regularly scheduled meeting. Additional information is available through the City Clerk's office. FISCAL IMPACT: None ATTACHMENTS: None Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP Director of Community Development DATE: April 28, 2015 SUBJECT: Approve an Agreement with Inland Empire Property Services, Inc. for Weed Abatement Services for Fiscal Year 2014-15 PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve an Agreement with Inland Empire Property Services Inc., in the amount of $40,000, to provide Weed Abatement Services for Fiscal Year 2014-15. BACKGROUND: Each spring, the City of Temecula embarks on the process for the forced abatement of weeds in association with hazardous vegetation. Controlling excess vegetation is not only important to minimize fire hazards, but it can be a nuisance to the community. Inland Empire Property Services will 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. Affected property owners are notified, by certified mail, of their responsibility to abate their property in March. If the property owner has not complied with the request within approximately 30 days, a warrant is requested to force abatement on the property. Parcel owners in violation of the Municipal Code are billed to recover the costs of forced weed abatement services, plus an administrative fee. The City may place a lien on properties that do not remit payment to facilitate cost recovery for the services. The City issued a request for proposals for the provision of weed abatement services in March 2015. The City received two qualified responses and selected Inland Empire Property Services to perform weed abatement services for Fiscal Year 2014-15. FISCAL IMPACT: Sufficient funds in the amount of $40,000 are budgeted in the Fiscal Year 2014-15 Code Enforcement line item 001.162.611.5440 (Weed Abatement). ATTACHMENTS: Agreement for Fiscal Year 2014-15 AGREEMENT FOR CONTRACTOR SERVICES BETWEEN CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES WEED ABATEMENT SERVICES FOR FISCAL YEAR 2014-15 THIS AGREEMENT is made and effective as of April 28, 2015, between the City of Temecula a municipal corporation (hereinafter referred to as "City"), and Inland Empire Property Services, 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 April 28, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. 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 1720, 1725.5, 1771.1(a), 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 $200.00 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. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 1 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks. html 6. 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) for the total term of this agreement 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 manner 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. 7. 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 2 Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. 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. 9. OWNERSHIP OF DOCUMENTS a. Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files containing data generated for the work, Contractor 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. 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 3 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. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. 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. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions 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: 4 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection 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 Contractor'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 Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to 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 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 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 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. 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. 12. 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 5 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. 13. LEGAL RESPONSIBILITIES The Contractor 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 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. 14. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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. 15. 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 6 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: To Contractor: 16. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Inland Empire Property Services Attn: Charles Maciel PO Box 9908 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. 17. 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. 18. 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 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. 19. 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 his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula 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. 7 20. 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. 21. 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. 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 (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Charles Maciel, President ATTEST: By: By: Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Serena Maciel, Chief Financial Officer Inland Empire Property Services, Inc. Attn: Charles Maciel PO Box 9088 Moreno Valley, CA 92552 gotweeds@msn.com 951.924.6905 9 EXHIBIT A Tasks to be Performed The contractor shall provide Weed abatement services to the City of Temecula in accordance with Exhibit A which consists of Part 1 Procedures, Part 2 Instructions, Conditions, and Legal Requirements. PART I: 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 distance 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 it 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 firm 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 2-1/2 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 firm and at a time before or after working hours. 10 9. Flagman — If required or necessary for any reason, the firm 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 result in non-payment by the City. The Contractor 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 Building Official or his designee. 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 Building Official or his designee will make this determination when necessary. HAND CLEANING 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. Handcrews 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 cleaning are considered one and of the same type of operation and therefore billing will be 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 Cleaning Charges to Include Loading — Hand cleaning charges on parcels to be cleaned 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 are 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 authorize 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 Building Official or designee. Definition of rubbish, refuse, and dirt are as follows, discarded asphalt and concrete, abandoned foundations, litter, trash, trees, piles of dirt; making clearing 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 show 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 cleaning 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 1. All services provided by the Contractor shall be performed in strict accordance with the City of Temecula Municipal Code 8.16 and Chapter 3 Section 304 of the California Fire Code Edition 2013, as adopted by Chapter 15.16 of the Temecula Municipal Code. 2. 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 sub -Contractors. The work shall be done in compliance with the most recent version of the Fire Code, adopted by ordinance of the City Council. The prime Contractor is also responsible for paying its employees and any sub -Contractors the prime Contractor hires. 12 3. All worked performed shall be done in a prompt, thorough, lawful and professional manner. Contractor shall preform 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 outsources any work or job to a sub -Contractor, it will be the prime Contractors responsibility to ensure that all sub -Contractors meet the requirements as stated in this RFP. The 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. 4. 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. 5. 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 loss 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. 6. The selected Contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 7. 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. 8. Contractor agrees that all service by the contractor shall be to the satisfaction of the City's Building Official. 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. 9. 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. 10. The Contractor shall take clear and concise pictures of the area demonstrating need for abatement and shall submit photos to the Building Official along with billing summary/invoice. The photos will be taken immediately "before" and "after" abatement work is done and submitted to the department. If pictures do not show justification of charge, payment will not be made. Each picture shall include time and date picture was taken and reference the parcel number represented. Digital photographs are the only acceptable method of documentation. Each "after" picture shall be taken from the same location as the "before" photo, and shall include some outstanding landmark. 13 11. 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.) 12. In case of default by the Contractor, the City may procure the work or services from an alternate 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. 13. The work, labor and/or 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. 14. Where there are locked gates to the property, the firm will be given instructions on how to enter the property. The firm will be responsible for any damage done not in accordance to given instructions. 15. All mowing or other services must be done during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday except City recognized holidays. The Contractor shall not charge a premium for rate for Saturday work. 16. Complaints — The contractor will be responsible for promptly answering inquiries and complaints of the Building Official 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. 17. 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. 18. Final Decisions — All scheduling of cleaning operations will be determined by the Building Official, or his designee. At any time during the cleaning operations, should a controversy arise as to the number of lots cleaned, the amounts of work done, or not to be done, or the size of parcels cleaned 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. 19. Reports of Damage — The contractor will promptly notify the Building Official of any damage to private property as a result of abatement operations. 20. Transportation — All transportation of equipment and personnel to and from the job site will be arranged by the contractor. 21. 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. 22. 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. 14 23. Removal of 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. 24. Operations — The contractor is required to provide sufficient operable equipment, replacements, and personnel during hazard abatement cleaning 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. 25. Termination of Operations — Final authorization to terminate abatement operations will be made by the Building Official, or his designee. 26. 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. 27. Unauthorized Work — Payment will not be made to the contractor for work accomplished that was not authorized by the Building Official, or his designee. 28. 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 Building Official for clarification. In the event that satisfaction has not been reached, the contractor may appeal to the Building Official, or his designee. 29. 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. 30. Supervision Furnished by Contractor — the Contractor, at his own expense shall be responsible for providing qualified Supervision in all areas of operations. All supervisors must be experienced and verbally capable of communicating with the Building Official, or his designee. The Supervisor will make necessary reports and work directly with the Building Official, or designee, and scheduling the work. 15 A) EXHIBIT B Payment Rates and Schedule BILLING RATES AND SCHEDULE OF FEES 2015 Weed Abatement • Mowing • Each Additional Acre or fraction thereafter Parcels one quarter (0.25) Acre or less • Handwork — weed eating (work that cannot be performed with tractor along property edge fence lines) • Dust Control 4 Hour Minimum Plus Water Charges • Special Equipment (Bobcat; for slopes or other areas needing special equipment for clearing) Dozer Work 4 Hour Minimum Clean up & Trash Removal Trash Removal Asphalt/Concrete Removal Dump Fees Bag of Trash $125.00 Up to 1 Acre (does not include handwork) $110.00 Per Acre (does not include handwork) $145 per parcel (includes handwork) $45.00 Per Man Hour 16 $125.00 Per Hour $200.00 Per Hour $600 Per Hour $105.00 Per Cubic Yard $125.00 Per Cubic Yard Actual Receipt (Copy) $12.00 Billing Rates and Schedule of Fees Cont'd C) Pool Pumping • Pool/Spa Pumping 5325.00 Includes pumping of 1 pool and/or 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 $135.00 • Slider Window $135.00 • Pedestrian Door w/o hinges $100.00 • Pedestrian Door w/ hinges $135.00 • Garage Door Time and Material @ $45.00 Per Man Hour 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 17 Invoice attached to a CD with the property address or APN# clearly marked. Billing Rates and Schedule of Fees Cont'd K) Other Services Provided — Tree Trimming . 1 Trimming of Tree 8' up from Ground Trimming of Tree above 8' from Ground L) Fence Repair Time and Materials Key or combo lock for sec prop. $45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost) $45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost. plus Boom Lift rental cost) M) Tire Clean up Vehicle Tire Removal Large Tire Removal Tractor/Farm Tire Removal Tire wl R i m 18 $45.00 Per Man Hour $20.00 each $10.00 per tire $25.00 per tire $100.00 per tire Tire charge Plus X7.00 Item No. 7 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Thomas W. Garcia, Director of Public Works/City Engineer April 28, 2015 Approve a Temporary Construction Easement on the City -owned Parcel Located at the Corner of Rancho California Road and Diaz Road in Connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project PREPARED BY: RECOMMENDATION: Amer Attar, Principal Engineer Paula Gutierrez Baeza, Deputy City Attorney That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT 2. Authorize the City Manager to approve and execute any necessary documents, and to take all necessary actions to implement the terms of the Temporary Construction Easement and Right of Entry Agreement. BACKGROUND: On August 12, 2014, the City Council approved three Purchase and Sale Agreements and a Temporary Construction Easement and Right of Entry Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District ("District") for the District's acquisition in fee of certain portions of three City -owned parcels located in Old Town and a Temporary Construction Easement with a three-year term on the City -owned parcel located on the corner of Rancho California Road and Diaz Road in connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"). The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. The City is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. The District approved the purchase and sale agreements for the acquistion of (i) an approximate 741 square foot fee portion of the real property commonly known as 42081 Main Street, Temecula and improved with the Children's Museum (APN 922-036-042—District Parcel 7021- 18B); (ii) an approximate 4,117 square foot fee portion of the real property commonly known as 28601 Front Street, Temecula and improved with the Old Town Temecula Community Theater (APN 922-036-037—District Parcel 7021-18C1); and (iii) an approximate 19,452 square foot (0.45 acre) fee portion of the vacant real property commonly known as 28640 Pujol Street, Temecula (APNs 922-053-020 and -021—District Parcel 7021-18D). The District paid the purchase price agreed to for each of the above property interests pursuant to escrows that closed on or about January 15, 2015. Recently, the District requested a change in the terms of the Tempoary Construction Easement and Right of Entry Agreement with a three-year term on the approximate 3.64 -acre vacant City - owned parcel located at the corner of Diaz Road and Rancho California Road, and identified as Riverside County Assessor's Parcel Number 921-020-089. This parcel is identified by the District as District Parcel 7021-33T ("Subject TCE"). Specifically, the District has requested that instead of paying to the City the purchase price of $118,000 in cash for the Subject TCE within ten business days of the Effective Date as set forth in the Temporary Construction Easement and Right of Entry Agreement approved by the City Council in August 2014, the total monetary consideration of $118,000 for the District's use of the temporary construction easment shall be payable to the City as a credit towards the City's share of its Local Share costs in connection with the Project. District staff has advised City staff that it did not present for consideration to the Board of Directors of the District the version of the Temporary Construction Easement and Right of Entry Agreement approved by the City Council on August 12, 2014. The remaining terms of the Temporary Construction Easement and Right of Entry Agreement have not changed. The District will replace with material of like kind and quality any improvements, landscaping and irrigation located on District Parcel 7021-33T that are damaged as a result of the District's construction of the Project. The District will also install and maintain a 6 -foot chain-link fence with privacy screens around District Parcel 7021-33T five business days before it commences its use of the temporary construction easement. The District will maintain said fence during the term of the temporary construction easement. Further, the Agreement requires the District to keep the public right of way free of debris and dirt in connection with its use of the temporary construction easement and will install a gravel and metal entrance and exit area for said parcel in connection with its use of the temporary construction easement. The purchase price, $118,000, which will be applied as a credit towards the City's Local Share costs in connection with the Project, is not less than the District's appraisal of the fair market value of the Subject TCE. FISCAL IMPACT: The City will receive a total of $118,000 for the District's use of the Subject TCE as a credit towards the City's share of its Local Share costs in connection with the Project. ATTACHMENTS: 1. Resolution 2. Temporary Construction Easement and Right of Entry Agreement (APN 921-020-089; District Parcel 7021-33T) 3. Map of the Temporary Construction Easement Area RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. Pursuant to Government Code section 37350, the City is authorized to purchase, lease, receive, hold and enjoy real and personal property, and control and dispose of it for the common benefit. Pursuant to Government Code section 37351, the City may control, dispose of, and convey its property for the benefit of the City. B. The City is a local participant of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project") pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. The Riverside County Flood Control and Water Conservation District ("District") has been working with the U.S. Army Corps of Engineers on the Project. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. C. The Project was authorized as a multipurpose flood control, ecosystem restoration and recreation project. The Project is in the public interest and necessity and will benefit the community because it seeks to reduce the risk of flooding along Murrieta Creek in the Southwest area of Riverside County. The Project was authorized as a multipurpose flood control, ecosystem restoration and recreation project. The Project was originally anticipated to be constructed in the following four phases, subject to the necessary federal appropriations: • Phase 1 —Consists of a green -belt channel starting near the USGS gauging station located downstream of Old Town that extends approximately 3,000 feet upstream to First Street in Temecula. • Phase 11 — Consists of a green -belt channel starting at First Street in Old Town that extends approximately 15,000 feet upstream, to Winchester Road in Temecula. 1 1795959v2 • Phase 111 — Consists of a 250 -acre stormwater detention basin, located near the confluence of Santa Gertrudis, Warm Springs and Murrieta Creeks in Murrieta. An approximate 50 -acre park and recreation area is included wihtin the basin. • Phase IV —Consists of a green -belt channel starting from the basin that extends approximately 19,000 feet up stream to Vineyard Parkway (formerly Tenaja Road) in the City of Murrieta. D. The District seeks to purchase from the City a temporary construction easement with a three-year term on the approximate 3.64 -acre vacant City -owned parcel located at the northwest corner of Old Diaz Road and Rancho California Road and the northeast corner of Diaz Road and Rancho California Road, and identified as Riverside County Tax Assessor's Parcel Number 921-020-089 to facilitate the construction of Phase 11. The 3.64 -acre parcel is identified by the District as District Parcel 7021-33T. Pursuant to the terms of the attached Temporary Construction Easement and Right of Entry Agreement Between Riverside County Flood Control and Water Conservation District and the City of Temecula (APN 921-020-089), the total monetary consideration of $118,000 for the District's use of the temporary construction easement shall be payable to the City as a credit towards the City's share of its Local Share costs in connection with the Project. The District will replace with material of like kind and quality any improvements, landscaping and irrigation located on District Parcel 7021-33T that are damaged as a result of the District's construction of the Project. The District will also install and maintain a 6 -foot chain-link fence with privacy screens around District Parcel 7021-33T five business days before it commences its use of the temporary construction easement. The District will maintain said fence during the term of the temporary construction easement. Further, the Agreement requires the District to keep the public right of way free of debris and dirt in connection with its use of the temporary construction easement and will install a gravel and metal entrance and exit area for said parcel in connection with its use of the temporary construction easement. The purchase price is not less than the District's appraisal of the fair market value of the temporary construction easement. Further, the Agreement requires that, on expiration of the term of the temporary construction easement, the District take such actions as the City may reasonably request to evidence and give effect to the extinguishment of the District's rights in said easement. Section 2. Approval of Temporary Construction Easement and Right of Entry Agreement and Authority of City Manager to Implement the Agreement for the Property Identified as District Parcel 7021-33T. The City Council of the City of Temecula hereby finds that the conveyance to the District of the temporary construction easement identified as District Parcel 7021-33T will benefit the community and facilitate the District's construction of the Project. The total monetary consideration of $118,000 for the District's use of the temporary construction easement shall be applied as a credit 2 1795959v2 in favor of the City towards the City's share of its Local Share costs in connection with the Project. Accordingly, the City Council of the City of Temecula approves that certain agreement entitled "Temporary Construction Easement and Right of Entry Agreement Between Riverside County Flood Control and Water Conservation District and the City of Temecula (APN 921-020-089)", with such changes in the Temporary Construction Easement and Right of Entry Agreement as may be mutually agreed upon by the District and the City Manager as are in substantial conformance with the form of the Temporary Construction Easement and Right of Entry Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Temporary Construction Easement and Right of Entry Agreement on behalf of the City. A copy of the final Temporary Construction Easement and Right of Entry Agreement, when executed by the Mayor, shall be placed on file in the Office of the City Clerk. Section 4. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Temporary Construction Easement and Right of Entry Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Temporary Construction Easement and Right of Entry Agreement, including but not limited to, approval and execution on behalf of the City of any such documents that are necessary and convenient to implement the Temporary Construction Easement and Right of Entry Agreement to grant to the District the temporary construction easement with a three-year term on the parcel described as District Parcel 7021-33T. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of April, 2015. ATTEST: Randi Johl-Olson, City Clerk [SEAL] 3 1795959v2 Jeff Comerchero, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of April, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 4 1795959v2 Randi Johl-Olson, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Riverside County Flood Control and Water Conservation District Attention: Greg Walker 1995 Market Street Riverside, California 92501 WITH A CONFORMED COPY TO: City of Temecula Attention: City Clerk 41000 Main Street Temecula, California 92590 SPACE ABOVE THIS LINE FOR RECORDER'S USE IX] All of Assessor's Parcel Nos. 921-020-089 RCFC Parcel No. 7021-33T Documentary Transfer Tax $0.00 This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF TEMECULA (APN 910-020-089) This Temporary Construction Easement and Right of Entry Agreement ("Agreement") is entered into as of , 2015 ("Effective Date") between the City of Temecula, a municipal corporation ("Grantor" or "City") and Riverside County Flood Control and Water Conservation District, a body politic ("Grantee" or "District). The City and the District are referred to below collectively as the "Parties". RECITALS A. The District has been working with the U.S. Army Corps of Engineers on the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"), which would reduce the potential threat of future flooding along Murrieta Creek in the Southwest area of Riverside County. B. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. The City is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. 1791414v3 -1- C. The City of Temecula is the record fee owner of that certain approximate 3.64 - acre vacant real property located at the northwest corner of Old Diaz Road and Rancho California Road and the northeast corner of Diaz Road and Rancho California Road, and identified as Riverside County Assessor's Parcel Number 921-020-089. This parcel is referred to below as Riverside County Flood Control District Parcel No. 7021-33T ("RCFC No. 7021- 33T"). RCFC No. 7021-33T is described more particularly on Exhibit "A-7" hereto labeled "Legal Description for Diaz Road Right -of -Way Dedication Remainder Parcel" and depicted on Exhibit "B-7" hereto, which are incorporated herein by this reference. D. The District desires to acquire from the City and the City desires to grant to the District a temporary construction easement with a term of three years on RCFC No. 7021-33T for construction staging purposes and to facilitate the District's construction of Phase 2 of the Project. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and the District mutually agree as follows: 1. The City hereby grants to the District a temporary construction easement and right of entry with a term of three years (referred to below as "temporary construction easement") on RCFC No. 7021-33T to facilitate the construction of Phase 2 of Project, subject to the terms of this Agreement. 2. The total monetary consideration for the District's use of the temporary construction easement pursuant to the terms of this Agreement is $118,000 (One Hundred Eighteen Thousand Dollars). Said monetary consideration shall be payable as a credit in favor of the City in the amount of the total monetary consideration of $118,000 towards the City's share of its Local Share costs in connection with the Project. 3. Term. The term of the temporary construction easement will commence on the Effective Date of this Agreement. The temporary construction easement will expire on the earlier of (a) three -years after the Effective Date of this Agreement, or (b) on the date that the District records a Notice of Termination of the temporary construction easement in the Official Records of the County of Riverside. Upon the expiration of the temporary construction easement, the District agrees to take such actions as the City may reasonably request to evidence and give effect to the extinguishment of the temporary construction easement and the relinquishment of the District's rights and interests in the temporary construction easement pursuant to this Agreement. The City grants to the District, its contractors, subcontractors, agents, representatives, employees and all others reasonably deemed necessary by the District, the right to use and occupy the temporary construction easement for a term of three years to facilitate the District's construction of Phase 2 of the Project. The purpose and scope of this temporary construction easement is to allow for the District's storage and assembly of equipment and materials, ingress and egress, and any related support activities to facilitate the construction of Phase 2 of the Project. 4. The District shall replace with material of like kind and quality any improvements, landscaping and irrigation located on RCFC No. 7021-33T that are damaged as a result of the District's construction of the Project. 5. The District shall install and maintain a 6 -foot chainlink fence with privacy screens around RCFC No. 7021-33T five business days before it commences its use of the 1791414v3 -2- temporary construction easement and shall maintain said fence during the term of the temporary construction easement. 6. The District shall obtain any necessary permits and approvals required in connection with the District's use of RCFC No. 7021-33T, and shall comply with all local, state, and federal rules that may apply in connection with the District's use of RCFC No. 7021-33T for Phase 2 of the Project. 7. The District shall keep the public right of way free of debris and dirt in connection with its use of the temporary construction easement for Phase 2 of the Project. The District shall sweep the public right of way as necessary to remove dirt and debris. Further, the District shall install a gravel and metal entrance and exit area for RCFC No. 7021-33T in connection with its use of the temporary construction easement. 8. The District agrees to keep the temporary construction easement free of any liens or lien claims made by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights as a result of the District's use of the temporary construction easement in connection with the construction of Phase 2 of the Project. If any such lien is filed on RCFC No. 7021-33T in connection with the District's use of the temporary construction easement, the District will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to the City within thirty (30) calendar days of receiving notice of the lien. If the District fails to remove the lien within such thirty (30) day period, the City will have the right to remove the lien, and District, upon demand, will reimburse the City for all costs and expenses, including without limitation reasonable attorneys' fees incurred by the City in connection with such removal. To the extent permitted by law, the District hereby indemnifies the City from and against all claims and demands for payment, or liens or lien claims made against the City by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights as a result of the District's use of RCFC No. 7021-33T for the construction of Phase 2 of the Project. 9. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Grantor: Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker Copy to: Riverside County Counsel's Office 1791414v3 -3- Attention: Synthia M. Gunzel, Deputy County Counsel 3960 Orange Street, Fifth Floor Riverside, California 92501-3674 10. Miscellaneous Provisions. a. Authority to Bind Parties and Execute Agreement. The City and the District represent and warrant to one another that this Agreement constitutes a binding obligation on each of them and that the person executing this Agreement is authorized to execute the Agreement on behalf of the respective Party and to bind it. b. Entire Agreement. This Agreement reflects the entire agreement between the City and the District regarding the District's use of the temporary construction easement on RCFC No. 7021-33T, and shall supersede all prior or contemporaneous oral or written understandings, statements, representations or promises between the City and the District concerning the subject matter of this Agreement. c. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. d. Amendment or Modification. This may be modified or amended only by a writing executed by all Parties to this Agreement. e. Partial Invalidity/Severability. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. f. Successors -in -Interest and Assigns. Except as otherwise provided herein, the provisions of this Agreement will be binding on and inure to the benefit of the Parties hereto and their respective heirs, successors and assigns. g. Legal Representation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. 1791414v3 -4- h. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. i. Fees and Costs. Each of the Parties to this Agreement shall bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating the matters described in this Agreement. IN WITNESS WHEREOF, the City and the District have entered into this Agreement as of the date set forth above. [Signatures on Next Page] 1791414v3 -5- GRANTEE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic Dated: By: Chairman, Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: By: Kecia Harper -I hem Clerk of the Board APPROVED AS TO FORM: GREGORY P. PRIAMOS County Counsel By: Synthia M. Gunzel Deputy County Counsel 1791414v3 -6- GRANTOR CITY OF TEMECULA, a municipal corporation Dated: By: Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson City Clerk APPROVED AS TO FORM: Dated: RICHARDS, WATSON & GERSHON Peter M. Thorson City Attorney EXHIBIT "A-7" LEGAL DESCRIPTION FOR DIAZ ROAD RIGHT-OF-WAY DEDICATION REMAINDER PARCEL THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 19580 AS SHOWN BY A MAP ON FILE IN BOOK 154, PAGES 92 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF SAID PARCEL MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD; THENCE SOUTH 18°26'21" EAST, 42.92. FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 18`26'21" EAST, 659.41 FEET ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A CORNER CUT-BACK AS SHOWN ON SAID MAP; THENCE SOUTH 23.45'52" WEST, 30.90 FEET ALONG SAID CORNER CUT-BACK TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD AS SHOWN ON SAID MAP, SAID POINT BEING THE BEGINNING OFA NON -TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1411.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 24"01'55" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 14°22'41", AN ARC LENGTH OF 354.08 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 51'13'50" WEST, 59.50 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89'43'06" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'50'06", AN ARC LENGTH OF 276.95 FEET; THENCE NORTH 19'33'12" EAST, 301.49 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 900.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°43'35", AN ARC LENGTH OF 168.49 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 158,554 SQUARE FEET OR 3.64 ACRES MORE OR LESS. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B -T AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: VIN B. COZAD REGISTERED PROFESSIONAL ENGINEER NO. 26159 EXPIRES: 3-31-2010 Page 1 of 1 March 18, 2008 BY: R.C.O. CK'D BY: B. Fox F:101059001egalslDiaz Rd 3 UPDATEdoc 1791414v3 EXH BIT "B-7•, CITY OF TE LINE TABLE LINE LENGTH BEARING L1 301.49' N 19`33' 12"E L2 59.50', N51'13'50"W L3 30.90' S23'45'52"W L4 , 659.41' S 1 8'26'21 "E L5 42,92' S18'25'21 "E suRVEYOR'S TI -115 LEGAL DESCRIPTION AND PLAT WAS PREPARED AT THE REQUEST OF THE CffY OF TEMECULA. THE PARCELS DESCRIBED HEREON MAY NOT BE LEGAL PARCELS. THIS LEGAL DESCRIPTION AND PLAT DOES NOT CONSTITUTE A LAND DMSION UNDER THE SUBDMSION MAP ACT AT THE PRESENT TIME. ANY FURTHER SALE, LEASE OR FINANCING OF THE PARCEL WOULD REQUIRE A LAND DMSION APPROVAL. CURVE TABLE CURVE _ LENGTH RADIUS DELTA Cl 275.95' 800.00' 19'50'06". C2 354.08' 1411.00' 14'22'41 " C3 168.49' 900.00' 1 O'43'35" PORTION BLOCK 2 OF PAUBA LAND & IAT R CO, SUB. M.B. 111507 P.o.c. NLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580 (PM 154/92-96) '31. R SO Q REMAINDER PARCEL 3.64 ACRES 1 SCALE IN FEET 1” = 200' fiktictio SO9'39'14"E S24•01 '55"E PARCEL UNE OBLITERATED PER LOT UNE ADJUSTMENT INSTR. NO. 305484 RECORDED 08/05/93 PREPARED FOR; ern, OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA 92590 (951) 694-6411 RECORD OWNER CITY OF TEMECULA PREPARED BY: CML / STRUCTURAL ENGINEERS MUNICIPAL CONSULTANTS / PLANNERS SURVEYORS / GPS 151 South Girard Street ' Hemet, Co 92544 TEL (951) 652-4454 • FAX (951) 766-8942 E—MAIL kbcozodOkhcozod.com File name: F:\0145901.02\DWG\0105901_02.DWG 1791414v3 Murrieta Creek Flood Control, Environmental Restoration and Recreation Project (Led by Riverside County Flood Control and Water Conservation District and the U.S. Army Corps of Engineers) ANCt40 _�f ORt4t R ElTemporary Construction Easement Area to be Acquired by Riverside County Flood Control and Water Conservation District from the City of Temecula (three years) Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: April 28, 2015 SUBJECT: Accept the Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Ynez Road (Jedediah Smith Road to Vallejo Avenue), PW12-12 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of the Pavement Rehabilitation Program — Ynez Road (Jedediah Smith Road to Vallejo Avenue), PW12-12, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On October 28, 2014, the City Council awarded a construction contract to All American Asphalt in the amount of $664,500, to complete the Pavement Rehabilitation Program — Ynez Road (Jedediah Smith Road to Vallejo Avenue), PW 12-12. The project consisted of rehabilitating the existing pavement using a combination of methods including full structural section reconstruction, an Asphalt Rubber Aggregate Membrane (ARAM) overlay, and a slurry seal surface finish. Additional work performed included adjusting various facilities to grade, cleaning storm drain culverts, and placing new traffic striping, pavement markers, and legends. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from February 5, 2015, the date the work was substantially completed. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The Pavement Rehabilitation Program is identified in the City's Capital Improvement Program Budget for Fiscal Years 2015-19, and is funded with Capital Projects Reserves and Measure A. The original contract amount was $664,500, and contract change orders totaled $42,110.70, for a total project cost of $706,610.70. FISCAL IMPACT: There is no fiscal impact as a result of the acceptance of the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 4. Project Description 5. Project Location RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to All American Asphalt, 400 East Sixth Street, Corona, CA 92879 to perform the following work of improvement: PAVEMENT REHABILITATION PROGRAM — YNEZ ROAD (JEDEDIAH SMITH ROAD TO VALLEJO AVENUE) Project No. PW12-12 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 28th, 2015. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PAVEMENT REHABILITATION PROGRAM — YNEZ ROAD (JEDEDIAH SMITH ROAD TO VALLEJO AVENUE) Project No. PW12-12 6. The location of said property is: Ynez Road between Jedediah Smith Road and Vallejo Avenue, Temecula, California. Dated at Temecula, California, this April 28th, 2015. City of Temecula Randi Johl-Olson, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl-Olson, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this April 28th, 2015. City of Temecula Randi Johl-Olson, City Clerk Bond No, 7642581 Premium is included in the performance bond, Executed in: 2 Counterparts CITY OF TEIVIECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 7642581 MAINTENANCE BOND for PAVEMENT REHABILITATION PRGRAM — YNEZ ROAD (JEDEDIAH SMITH ROAD TO VALLEJO AVENUE) PROJECT NO. PW12-12 KNOW ALL PERSONS BY THESE PRESENT THAT All American Asphalt - 400 East Sixth Street,Corona, CA 92879 a Corporation (fill in whether a Corporation, Partnership, or Individual) NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), and Fidelity and Deposit Comparey of Maryland - 777 S. Figueroa Street, Suite 3900, Los An eles. CA 90017 NAME AND ADDRESS OF SURETY hereinafter called "Surety"), " � y ), are held and firmly bound unto CITY OF TEM E ULA (hereinafter called "Owner") in the penal sum of Seventy Thousand Six Hundred Seventy Four DOLLARS AND 09/100 CENTS ($ 70,674.09 �) in lawful money of the United States, said sum being not Tess than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 28th -_ day of October , 2014, a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION PROGRAM — YNEZ ROAD (JEDEDIAH SMITH ROAD TO VALLEJO AVENUE), PROJECT NO. PW 12-12. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 5th day of February, 2015 ,4: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB -1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 7th day of April, 2015 i(Seal) SURETY: PRINCIPAL: Fidelity and Deposit Company of Maryland All Ame 'an As It By: Rebecca Haas -Bates (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB -2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside On 4/08/2015 Date personally appeared before me, Rebecca An ela Parra Nota Public Here Insert name and Title of the Officer Robert Bradley and iviichaei Farkas Name(s) of Signer(s) REBECCA ANGELA PAR RA Commission # 2024944 r Notary Public - California z Riverside County M Comm_ Expires Ma 17, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capacity(ies), and that by his/law/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my ha a ed official seal, A Signature OPTIONAL 'gnat (: of Notary PubI[c Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Maintenance Bond No. 7642581 Document Date: 04/07/2015 Number of Pages: Tw(E2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity( ) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer -- Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee o Other: RIGHT THUMBPRINT OF SIGNER Signer is Representing All American As shalt Top of thumb here Signer's Name: Michael Farkas ❑ Individual X Corporate officer -- Title(s): Secretary o Partner ❑ o Limited ❑ General ❑ Attorney in Fact ❑ Trustee o Other: RIGHT THUMBPRINT OF SIGNER Signer is Representing: All American As halt Top of thumb here �-� _ _.�_hsi�•! �3�: � =.rte.,,. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 04/07/2015 before me, R. Paramo4 Notary Public Date personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer Name*,of Signer'r`sl who proved to me on the basis of satisfactory evidence to be the person* whose name is/are subscribed to the within instrument and acknowledged to me that 1/she/they executed the same in his/her/their authorized capacity'}, and that by hirai4heritheir signature }.on the instrument the personK, or the entity upon behalf of which the persons acted, executed the instrument. z R. PARAMO Commission # 2035890 Notary Public - California Orange County Comm.M Ex.ires Au 5. 2017 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of C ' on -rat e foregoing paragraph is true an my hand a Molal- -.4,101141111,1 111'.. A Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Maintenance Bond Title or Type of Document: Bond No. 7642581 Number of Pages: Two (2) Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): LI Partner — 0 Limited ❑ General El Individual (' Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: _Fidelity and Deposit Company of Maryland • Lys% ��- -%./ *�rF'!!-+��Yy 1 'k.,•��F Document Date: 04/07/2015 Above: All American Asphalt Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ��y,{1i Y ���•iir' Y .r &., ©2014 National Notary Association ' www,NationalNotary.org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY JY WHEW F,1 have hereunto ub .crihed my name and affixed the corporate seals of the said Companies, this day of . 2 0.0.144 INS E4,41,!.....„ sees Geoffrey Delisio, Vice President ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS -BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2013. Ehr Secretary Eric D. Barnes ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND tt▪ 4 S = i f fi • t Vice President Thomas 0. McClellan State of Maryland County of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012-0033D Qr Cal-,-4&4:1),,C9--- Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 CITY OF TEIVIECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PAVEMENT REHABILITATION PROGRAM — YNEZ ROAD (JEDEDIAH SMITH ROAD TO VALLEJO AVENUE) PROJECT NO. PW12-12 This is to certify that47 /vt474,/c///7 /4,15-71a (hereinafter the "Contractor ) declares to the City of Temecula. under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT REHABILITATION PROGRAM — YNEZ ROAD (JEDEDIAH SMITH ROAD TO VALLJO AVENUE), PROJECT NO. PW12-12. situated in the City of Temecula, State of California, more particularly described as follows: Ynef di a 11 ,Sri,1,--/-h 1,4,21e4 ADDRESS OR DESCRIBE LOCATION OF WORK —lc The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100. the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated: ,9--Ff---15- By: RELEASE Signature Zn/i/i) f pn (re wr — Print Na e and Titl R-1 SHIRLEY R. SPENCE CREDIT MANAGER reAl Capital improvement Program Fiscal Years 2015-19 PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit ! Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis. Department: Public Works Account No. 210.165.655 Level: I Project Cost: Administration Construction Construction Engineering Design Totals Prior Years FYE 2014 2014-15 Actual Carryover Adopted 2015-16 2016-17 Budget Appropriation Projected Projected Expenditures $ 1,267,194 $ 10,768,967 $ 122,165 $ 598,224 $ 12,756,550 $ 25,770 $ 4,108,262 $ 218.594 $ 33,964 S4,386,590 $ 50,000 $ 678,323 $ 60,000 $ 90,000 $ 160,000 $4,260,000 $ 150,000 $ 230,000 878.323 1 $4,800,000 $ 160,000 $3,199,265 $ 150,000 $ 230,000 $ 3,739,265 2017-18 2018-19 Total Project Projected Projected Cost $ 160,000 $ 1,982,964 $4,260,000 $31,534,817 $ 150,000 $ 230,000 $ 160,000 $4,260,000 $ 150,000 $ 230,000 $ 4,800.000 $4.800,000 $ 1,000,759 $ 1,642,188 $36,160,728 Source of Funds: Prior Years Actual Expenditures Capital Project Reserves Measure A $ 3,650,585 $ 9,105, 965 FYE 2014 2014-15 Carryover Adopted 2015-16 2016-17 Budget Appropriation Projected Projected $ 1,832,938 $ 2.553,652 Total Fundin $ 12.756,550 $ 4,386,590 $ 878,323 $ 878,323 $3,509,685 $1,290,315 $4.800.000 $3,739,265 $4,800.000 $ 3,739,265 2017-18 2018-19 Total Project Projected Projected Cost $3,403,100 $3,346,659 $19,482,232 $1,396,900 $1,453,341 $16.678,496 Future Operation & Maintenance Costs: 2014-15 2015-16 2016-17 $4.800.000 $ 36,.160.728 2017-18 2018-19 *Project cannot be constructed until a funding source is identified 69 HE CITY OF TEMECULA "Old Traditions, New Opportunities' 0 Location Map-Ynez Road - - ' - ' - Q - lifi 1 _. F iiib lig 114k 4111111R 'A OSP I S6 0 L 4P"j":::11 st, ik A11110, six i< ,z re 4,44411 w i 4-jj Ifs li_ t , *# rt ;It S o ' ;,� ll 1 . \,1 41:,1 '' 4'.' 1 1#1V, - 4 Oil + "lit 046 1704 4‘ , J 1x # i iiJ, v4'I 0 , I r, alboi :‘%%; 1500 3000 4500 ft. WI° yA. rn 0 ih Map center: 6291749, 2120759 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend D City Streets 0 Parcels Scale: 1:15,419 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas Garcia, Director of Public Works/City Engineer DATE: April 28, 2015 SUBJECT: Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc. for Nicolas Road Park Playground Replacement, PW15-02 PREPARED BY: Avlin Odviar, Senior Engineer William Becerra, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc., in the amount of $134,980, for the Nicolas Road Park Playground Replacement, PW 15-02; 2. Make a finding that the Nicolas Road Park Playground Replacement, PW15-02, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Nicolas Road Park Playground was completed in 1994. After more than 20 years of service, its playground is showing indications of fatigue and is now in need of replacement. The proposed work includes: design, purchase, and installation of a playground with two areas intended for children between the ages of 2-5 and 5-12. This project will enhance the existing playground so that the needs of the community will continue to be met. As a member of The Cooperative Purchasing Network (TCPN), the City is able to use the buying power of the nationally competitively -bid and awarded contracts for various goods and services providers. As such, staff requested a proposal from Pacific Play Systems, Inc., one of the TCPN's nationally selected vendors, for the replacement of the playground at Nicolas Road Park. Pacific Play Systems has successfully completed similar projects with other public agencies, including the recently completed Margarita Park Special Needs Playground project. Additionally, a Temecula based company, Perpetual Parks, will be performing the installation portion of the project as Pacific Play Systems' subcontractor. The negotiated agreement amount of $134,980 is fair and equitable. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Nicolas Road Park Playground Replacement project involves replacement of an existing playground; therefore, the project is exempt from the 5% MSHCP fees. FISCAL IMPACT: The Nicolas Road Park Playground Replacement project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2015-19 as part of the Playground Equipment Enhancement and Safety Surfacing project, and is funded with Development Impact Fees (Parks & Recreation). Adequate funds are available in the project account 210.190.120 to cover the cost of the contract in the amount of $134,980. ATTACHMENTS: 1. Purchase and Installation Agreement 2. Project Description 3. Project Location PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND PACIFIC PLAY SYSTEMS, INC. NICOLAS ROAD PARK PLAYGROUND REPLACEMENT THIS AGREEMENT is made and effective as of April 28, 2015, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Pacific Play Systems, Inc., (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 April 28, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2015, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional year. In no event shall the contract be extended beyond December 31, 2016. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City a new Playcraft playground with two areas designed for age groups 2-5 and 5-12. Work includes demolition of existing play equipment, installation of Engineered Wood Fiber surfacing, and one new concrete ADA accessible ramp, as more particularly depicted in Exhibit A (Playground Rendering) and Exhibit B (Scope of Work), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is One Hundred Thirty Four Thousand Nine Hundred Eighty Dollars ($134,980). The Purchase Price is final and shall be paid by City to Contractor in accordance with the following schedule: See Exhibit B. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work (Exhibit B). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. PREVAILING WAGES 6. 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 1720, 1725.5, 1771.1(a), 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 $200.00 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. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 7. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for enhancement and replacement of playground equipment and safety surface to comply with current state and federal regulations and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 8. PERFORMANCE Contractor shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 9. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 10. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before August 14, 2015. Contractor agrees to complete the Installation of all contract work in 15 Working Days commencing with delivery of a Modified Notice to Proceed issued by City. 11. PLACE OF DELIVERY The Equipment shall be delivered to this location: Nicolas Road Park 39955 Nicolas Road Temecula CA 92591 12. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 13. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 14. 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. 15. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit B. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 16. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the 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 Executive Director or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service 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 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. 17. 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. 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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. 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. 18. PERFORMANCE, LABOR AND MATERIAL, AND MAINTENANCE BONDS Within ten business days from the City Council's approve of this agreement, Contractor shall provide the City with: (1) a Performance Bond to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Agreement; (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Agreement; and (3) a Maintenance Bond to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of ten percent (10%) of the Agreement. The bonds shall be in substantially the form attached hereto as Exhibits C, D and E, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City. 19. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 20. LEGAL RESPONSIBILITIES The Contractor 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 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. 21. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks. html. 22. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 23. 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. 24. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 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. 25. 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: To Consultant: 26. GOVERNING LAW City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Pacific Play Systems, Inc. Attn: Ali Bemanian 3226 Greyhawk Court. Building F Carlsbad, CA 92010 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 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. 27. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral 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. 28. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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 PACIFIC PLAY 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: Jeff Comerchero, Mayor ATTEST: By: By: Ali Bemanian, President Randi Johl-Olson Elizabeth Bemanian, Vice President City Clerk APPROVED AS TO FORM: By: Peter M. Thorson CONTRACTOR City Attorney Pacific Play Systems, Inc Ali Bemanian 3226 Greyhawk Court, Bldg. F Carlsbad, CA 92010 760-599-7355 ab@pacificplayinc.com Acting PM Initials: Date: EXHIBIT A PROJECT RENDERING Pacific Play Syms! hhCr 'I 2-12 Nicholas Road Park Project# PAC 1 I3 SJ A - DATE: 3/4/2015 ie-rF`FY�'e,�ii, • . .e"7 raa-" laa IWi1r�Il�rNi Ie�ex,dr.0 A1Jrn.Y1rev31Ur.siinD1 1,41.OAf eL•.IIke 4^A rrf�ll�lrti rrJpr yisnK !_�. PLAYCRAFT aEMIMMEMIEMIWII Mruirs 11.71 li...:. EXHIBIT B SCOPE OF WORK Description Qty Rate Total Scope of Work, Nicholas Road Park: 1. Removal, hauling and disposal of the existing playground equipment and footings (where necessary). 2. Removal, hauling and disposal (at City's designated site) of the existing sand to a depth of 1.21' below the sidewalk level. 3. Furnish and install Playcraft equipment. 5. Furnish and install 12" (to include 30% compaction factor) of engineered wood fibers. 6. Provide temporary fencing and CPSI Certification of the new equipment. 7. Wage rate for this project to be Prevailing Wage. 8. Submittal to Building and Safety for a Permit. Submittal shall include a site plan showing the existing ADA path of travel and stamped by an Engineer or architect, if necessary. Submittal shall also include manufacturer's descriptive literature for the playground equipment and footings. Scope of work excludes making any upgrades to the existing ADA path of travel from the street/parking lot to the playground. 9. Monthly progress payments shall by made by the customer as progress is made, 1. Equipment & materials: Playcraft SN# R50E76D9B, Custom 5" OD Steel Play System, 2-5 age -group 1 17,250.00 17,250.00T Playcraft PC 2181, Single Post Swings, 5" OD posts, catalog page 166 1 1,034.00 1,034.00T Playcraft PC 2181 -AB, Swing Posts Swings Add a Bay, catalog page 166 1 799.00 799.00T Playcraft Full Bucket Seat Upgrade, catalog page 167 1 196.00 196.00T Playcraft PC 2457 Spinner Seat, catalog page 148, 2-12 age -group 1 435.00 435,00T Playcraft PC 1388, Chicken Spring Rider, catalog page 143, 2-5 age -group 1 1,595.00 1,595.00T Playcraft model 1305, 2-5 age-appropriate sign, catalog page 180 1 210.00 210.001 Playcraft SN#111-15A3E998, Custom 5" OD Revolution Hybrid Structure, 5-12 age -group 1 42,185.00 12,185.00T Playcraft PC 2181, Single Post Swings, 5" OD posts, catalog page 166 1 1,034.00 1,034.00T Playcraft PC 2181 -AB, Swing Posts Swings Add a Bay, catalog page 166 1 799,00 799.00T Playcraft PC 2457 Bucket Spinner, catalog page 148, 5-12 age -group 1 548.00 548.00T Playcraft PC 2550 Parallel Bars, catalog page 173, 5-12 age -group 1 424.00 424.00T Playcraft model 1306, 5-12 age-appropriate sign, catalog page 180 1 210.00 210.00T Filter fabric, approx. 6,500 SF (two rolls) 2 400.00 800.00T !Approx. 280 cubic yards of engineered wood fibers (includes a 30% compaction factor) 280 30.00 8,400.00T Special TCPN Discount -20,795.97 -20,795.97 Special Discount by PPSI -10,724.88 -10,724.88 2, Professional services, freight, site work and labor costs: Site plan showing the existing access route with a professional stamp, if needed 1 2,500.00 2,500.00 Submittal package to the City, including Playcraft descriptive data 1 5,000.00 5,000.00 Removal, hauling and disposal of the existing playground equipment, expose drain (if any) 1 3,850.00 3,850,00 Removal, hauling and disposal (at city site) of approx. 220 cubic yards of sand 1 8,800.00 8,800.00 Removal, hauling, disposal of approx. 760 SF of existing rubberi2ed surfacing W/dump fees 1 1,900.00 1,900.00 Jack hammering, removal and disposal of approx. 760 SF of concrete sub -base at surfacing 1 2,150.00 2,150,00 Installation labor, play equipment with in -ground concrete footings, Prevailing Wage 1 28,850.00 28,850.00 Freight & delivery costs, playground equipment 1 1,500.00 1,500.00 Freight & delivery costs for the EWF's, approx. 280 cubic yards 280 12.50 3,500.00 Concrete ADA access ramp into the play area 1 750_00 750,00 Blown -in installation of EWF's, approx. 280 cubic yards 280 12.50 3,500.00 Approx. 400 LF of temporary Fencing rental with installation and removal labor 1 750.00 750.00 CPSI Audit 8 Report, 2-5 & 5-12 play areas 2 500.00 1,000.00 Project administration, field coordination, Contractor's O&P 1 20,000 00 20,000.00 Payment, performance & maintenance bond 1 2,980.00 2,980.00 Sub -total of all cost (minus CA Sales Tax) 131,428.15 CA Sales Tax, Riverside County 8.00% 3,551.85 Thank you for your business. Total $134,980.00 EXHIBIT C PERFORMANCE BOND CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND for NICOLAS ROAD PARK PLAYGROUND REPLACEMENT PROJECT NO. PW15-02 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a Contract on this day of , 20 , hereinafter called "Contract," with NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), for the work described as follows: NICOLAS ROAD PARK PLAYGROUND REPLACEMENT, PROJECT NO. PW15-02; and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME AND ADDRESS OF SURETY duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. EXHIBIT 0 LABOR AND MATERIALS BOND CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND for NICOLAS ROAD PARK PLAYGROUND REPLACEMENT PROJECT NO. PW15-02 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Contractor"), a contract for the work described as follows: NICOLAS ROAD PARK PLAYGROUND REPLACEMENT, PROJECT NO. PW15-02 (hereinafter called "Contract"), and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, said sum being not less than 100% of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. EXHIBIT E MAINTENANCE BOND CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. MAINTENANCE BOND for NICOLAS ROAD PARK PLAYGROUND REPLACEMENT PROJECT NO. PW15-02 KNOW ALL PERSONS BY THESE PRESENT THAT NAME AND ADDRESS OF CONTRACTOR a (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of DOLLARS AND CENTS ($ ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of NICOLAS ROAD PARK PLAYGROUND REPLACEMENT, PROJECT NO. PW15-02. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the day of , 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. 2015-16 $ 2,500 2017-18 $ 2,601 4' 272;1- 12,-,t "1"1417257"‘ Capital Improvement Program Fiscal Years 2015-19 PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING Parks and Recreation Project Project Description: This project includes the removal, re -design, and enhancement and replacement of playground equipment and safety surfacing at existing City parks to comply with current state and federal regulations. The City park playground include sites such as Pala Community Park, John Magee Park, Butterfield Stage Park, Long Canyon Creek Park, Nicolas Road Park, Paseo Gallante Park, Riverton Park, Redhawk Community Park, Rotary Park, Stephen Linen Park, Sunset Park, Temecula Creek Trail Park, Temeku Hills Park, Vail Ranch Park, Veterans Park, Winchester Creek Park, and Calle Aragon Park. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Proiect Status: The removal and replacement of playground equipment and safety surfacing will be performed at one to two sites per year. A priority list has been developed and replacement will be completed on an ongoing basis. Department: Public Works/Temecula Community Services Account No. 210.190.120 Level: II Project Cost: Fiscal Year Prior Years Ended 2014 Actual I Carryover Expenditures Budget 2014-15 Adopted Appropriation 2015-16 2016-17 2017-18 2018-19 Total Project Projected Projected Projected Projected Cost Administration $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 60,000 Construction $ 250,000 $300,000 $350,000 $400,000 $ 1,300,000 Design $ - $ $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ - $ 100,000 Totals $ - $ - $ 290,000 $340,000 $390,000 $440,000 $ - $ 1,460,000 Source of Funds: Fiscal Year Prior Years Ended 2014 2014-15 Actual ' Carryover Adopted 2015-16 2016-17 2017-18 Expenditures Budget Appropriation Projected Projected Projected 2018-19 Total Project Projected Cost DIF (Parks & Recreation) $ 290,000 $340,000 $ 630,000 Unspecified* $390,000 $440,000 $ 830,000 Total Funding: $ - $ $ 290,000 $340,000 $390,000 $440,000 $ - $ 1,460,000 Future Operation & Maintenance Costs 2014-15 *Project cannot be constructed until a funding source is identified. 130 2016-17 $ 2,550 2018-19 $ 2,653 die 1'1: rr THE CITY OF TEMECULA "old Traelit o, New Opportunities' 0 NICHOLAS ROAD PARK � r / / IY6)..el' T `T ,, A., \ ,.....,.. --,,,, /-----„, , , 1 -1 / ----_________/, ..i.,,,,,, < , ,, _, -:„ \ A.- \ -17 !. I' } -_ - S,i — -\---v. r---. 1 5, i 1 5 l LIJ actcF a --�_, ,, -_ - -fir 1144, I 1''.7. — a 1\ f ---., J ' ' t4NA ' r \ f y -I — r' f 7 it nft 4-,---------- X { 005 -- 4 \ \ , L 920201024 ce Lij \ \ ` y \ 1 - '0 /Ft ------ ' -4 :;9 .\. ___, ''' -------t-- r - --r-1Priii4V'c------- :_=_.. z L—Til `"7 A --- _ _ rn \ 1 646-, / 500 1000 1500 ft. Map center: 6291976, 2140506 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend 13 City Aerial 2012 Transparent Streets EI Parcels Scale: 1:5,295 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas Garcia, Director of Public Works/City Engineer DATE: April 28, 2015 SUBJECT: Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc. for Pala Community Park Playground Replacement, PW 15-01 PREPARED BY: Avlin Odviar, Senior Engineer William Becerra, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve the Purchase and Installation Agreement with Pacific Play Systems, Inc., in the amount of $146,145, for the Pala Community Park Playground Replacement, PW 15-01; 2. Make a finding that the Pala Community Park Playground Replacement, PW 15-01, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Pala Community Park was completed in 1993. After more than 20 years of service, its playground is showing indications of fatigue and is now in need of replacement. This project will enhance the existing playground so that the needs of the community will continue to be met. The proposed work includes design, purchase, and installation of a playground with two areas intended for children between the ages of 2-5 and 5-12. As a member of The Cooperative Purchasing Network (TCPN), the City is able to use the buying power of the nationally competitively -bid and awarded contracts for various goods and services providers. As such, staff requested a proposal from Pacific Play Systems, Inc., one of the TCPN's nationally selected vendors, for the replacement of the playground at Pala Community Park. Pacific Play Systems has successfully completed similar projects with other public agencies, including the recently completed Margarita Park Special Needs Playground project. Additionally, a Temecula based company, Perpetual Parks, will be performing the installation portion of the project as Pacific Play Systems' subcontractor. The negotiated agreement amount of $146,145 is fair and equitable. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Pala Community Park Playground Replacement project involves replacement of an existing playground; therefore, the project is exempt from the 5% MSHCP fees. FISCAL IMPACT: The Pala Community Park Playground Replacement project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2015-19 as part of the Playground Equipment Enhancement and Safety Surfacing project, and is funded with Development Impact Fees (Parks & Recreation). Adequate funds are available in the project account 210.190.120 to cover the cost of the contract in the amount of $146,145. ATTACHMENTS: 1. Purchase and Installation Agreement 2. Project Description 3. Project Location PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND PACIFIC PLAY SYSTEMS, INC. PALA COMMUNITY PARK PLAYGROUND REPLACEMENT THIS AGREEMENT is made and effective as of April 28, 2015, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Pacific Play Systems, Inc., (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 April 28, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2015, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional year. In no event shall the contract be extended beyond December 31, 2016. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City a new Playcraft playground with two areas designed for age groups 2-5 and 5-12. Work includes demolition of existing play equipment, installation of Engineered Wood Fiber surfacing, and two new concrete ADA accessible ramps, as more particularly depicted in Exhibit A (Playground Rendering) and Exhibit B (Scope of Work), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is One Hundred Forty Six Thousand One Hundred Forty Five Dollars ($146,145). The Purchase Price is final and shall be paid by City to Contractor in accordance with the following schedule: See Exhibit B. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work (Exhibit B). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. 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 1720, 1725.5, 1771.1(a), 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 $200.00 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. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for enhancement and replacement of playground equipment and safety surface to comply with current state and federal regulations and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 7. PERFORMANCE Contractor shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 8. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before August 14, 2015. Contractor agrees to complete the Installation of all contract work in 15 Working Days commencing with delivery of a Modified Notice to Proceed issued by City. 10. PLACE OF DELIVERY The Equipment shall be delivered to this location: Pala Community Park 44900 Temecula Lane Temecula CA 92592 11. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 12. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 13. 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. 14. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit B. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 15. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the 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 the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service 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 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. 16. 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: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. 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. iii. 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. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: i. 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. ii. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. iii. 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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. 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. 17. PERFORMANCE, LABOR AND MATERIAL, AND MAINTENANCE BONDS Within ten business days from the approval of this agreement by City Council, Contractor shall provide the City with: (1) a Performance Bond to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Agreement; (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Agreement; and (3) a Maintenance Bond to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of ten percent (10%) of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C, D and E, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City. 18. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 19. LEGAL RESPONSIBILITIES The Contractor 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 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. 20. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks. html. 21. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 22. 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. 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the 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. 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: To Consultant: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Pacific Play Systems, Inc. Attn: Ali Bemanian 3226 Greyhawk Court. Building F Carlsbad, CA 92010 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 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA PACIFIC PLAY 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: Jeff Comerchero, Mayor ATTEST: By: By: Ali Bemanian, President Randi Johl-Olson Elizabeth Bemanian, Vice President City Clerk APPROVED AS TO FORM: By: Peter M. Thorson CONTRACTOR City Attorney Pacific Play Systems, Inc Ali Bemanian 3226 Greyhawk Court, Bldg. F Carlsbad, CA 92010 760-599-7355 ab@pacificplayinc.com Acting PM Initials: Date: EXHIBIT A PROJECT RENDERING Pala Community Park Project# 99DDOA - DATE: 1,28/2015 vr41.1'. Taw ccicts idle...kno Ire las pvpinviviti, 1u 1 [ la+s CsM-' ^ar s elikep nouilihaulills1J+ Maxi utacl i &I by SUS Gram Inc, EXHIBIT B SCOPE OF WORK Description Qty Scope of Work, Pala Community Park: 1. Removal, hauling and disposal of the existing playground equipment and footings (where necessary). 2. Removal and relocation of the existing sand to a depth of 12" below the sidewalk to the adjacent volleyball court. Haut away excess sand to the City's designated site. 4. Furnish and install Playcraft equipment. 5. Furnish and install 12" (to include 30% compaction factor) of engineered wood fibers. 6. Provide temporary fencing and CPSI Certification of the new equipment 7. Wage rate for this project to be Prevailing Wage. 8. Submittal to Building and Safety fur a Permit. Submittal shall include a site plan showing the existing ADA path of travel and stamped by an Engineer or architect, if necessary. Submittal shall also include manufacturer's descriptive literature for the playground equipment and footings. Scope of work excludes making any upgrades to the existing ADA path of travel from the street/parking lot to the playground, 9. Monthly progress payments shall by made by the customer as progress is made. 11. Equipment and materials: Playcraft 51N11/ 5R0E3698A, Custom 5'' OD Steel Play System, 2-5 age -group Playcraft PC 2181, Single Post Swings, 5" OD posts, catalog page 166 Playcraft PC 2181 -AB, Swing Posts Swings Add a Bay, catalog page 166 Playcraft Full Bucket Seat Upgrade, catalog page 167 Playcraft PC 2430 90 Degree Curved Boardwalk, catalog page 160, 2-12 age -group Playcraft PC 2457 Spinner Seat, catalog page 148, 2-12 age -group Playcraft model 1305, 2-5 age-appropriate sign, catalog page 180 Playcraft S14# RH5D3B9AA, Custom 5' OD Revolution Hybrid Structure, 5-12 age -group Playcraft PC 2181, Single Post Swings, 5'' OD posts, catalog page 166 Playcraft PC 2181 -AB, Swing Posts Swings Add a Bay, catalog page 166 Playcraft PC 2457 Bucket Spinner, catalog page 148, 5-12 age -group Playcraft PC 2550 Parallel Bars, catalog page 173, 5-12 age -group Playcraft model 1306, 5-12 age-appropriate sign, catalog page 180 Filter fabric, approx. 8,500 SF (two + Rolls) Approx. 360 cubic yards of engineered wood fibers (includes a 30% compaction factor) Special TCPN Discount Additional discount from Pacific Play to bring cost within budget Removal, hauling & disposal of the existing play equip. at two sites, expose drains )if any) Removal, hauling and disposal (at city site) of approx. 270 cubic yards of sand Note: Relocate approx. 100 +1- cubic yards of sand as is to the existing volleyball court. 2, Professional services, freight, site work and labor: Site plan showing the existing access route with a professional stamp, if needed Submittal package to the City, including Playcraft descriptive data Removal, hauling, disposal of approx. 1,880 +/- SF of rubberized surfacing W/dump fees Jack hammering, removal, disposal of approx. 1,880 +1- SF of concrete sub -base at surfacing Installation labor, play equipment with in -ground concrete footings, Prevailing Wage Freight & delivery costs, playground equipment Freight & delivery costs for the EWF's, approx. 360 cubic yards Concrete ADA access ramp into the play areas (2) Blown -in installation of EWF's, approx. 360 cubic yards Temporary Fencing rental with installation and removal labor, approx, 500 LF CPSI Audit & Report, 2-5 & 5-12 play areas Project administration, field coordination, Contractor's CAP Payment, performance & maintenance bond Sub -total (excluding CA Sales Tax) CA Sales Tax, Riverside County 1 1 1 1 1 1 1 1 1 1 1 1 1 2 360 1 1 360 2 360 1 2 1 1 17,986.00 1,034.00 799.00 196.00 945.00 435.00 210.00 42,375.00 1,034.00 799.00 548.00 424,00 210.00 400.00 30.00 -22,352.85 40,259.93 2,500,00 9,450,00 2,500.00 5,000.00 4,700.00 4,950.00 29,650.00 1,500.00 10.00 750,00 10.00 900.00 500.00 20,000.00 3,145,00 8.0D% Total 17,986.00T 1,034.001 799.00T 195.001 945.00T 435,001 710,001 42,375.00T 1,034.00T 799.00T 548.001 424.001 210.00T 800.001 10,800.00T -22,352.85 -10,269.93 5,000.00 9,450.00 2,500.00 5,000.00 4,700.00 4,950.00 29,650.00 1,500.00 3,600.00 1,500.00 3,600.00 900.00 1,000.00 20,000,00 3,145.00 142,467.22 3,677.78 Thank you for your business Total $146,145.00 EXHIBIT C PERFORMANCE BOND CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND for PALA COMMUNITY PARK PLAYGROUND REPLACEMENT PROJECT NO. PW15-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a Contract on this day of , 20 , hereinafter called "Contract," with NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), for the work described as follows: PALA COMMUNITY PARK PLAYGROUND REPLACEMENT, PROJECT NO. PW15-01; and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME AND ADDRESS OF SURETY duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. EXHIBIT 0 LABOR AND MATERIALS BOND CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND for PALA COMMUNITY PARK PLAYGROUND REPLACEMENT PROJECT NO. PW15-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Contractor"), a contract for the work described as follows: PALA COMMUNITY PARK PLAYGROUND REPLACEMENT, PROJECT NO. PW15-01 (hereinafter called "Contract"), and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, said sum being not less than 100% of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. EXHIBIT E MAINTENANCE BOND CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. MAINTENANCE BOND for PALA COMMUNITY PARK PLAYGROUND REPLACEMENT PROJECT NO. PW15-01 KNOW ALL PERSONS BY THESE PRESENT THAT NAME AND ADDRESS OF CONTRACTOR a (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of DOLLARS AND CENTS ($ ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of PALA COMMUNITY PARK PLAYGROUND REPLACEMENT, PROJECT NO. PW15-01. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the day of , 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. 2015-16 $ 2,500 2017-18 $ 2,601 4' 272;1- 12,-,t "1"1417257"‘ Capital Improvement Program Fiscal Years 2015-19 PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING Parks and Recreation Project Project Description: This project includes the removal, re -design, and enhancement and replacement of playground equipment and safety surfacing at existing City parks to comply with current state and federal regulations. The City park playground include sites such as Pala Community Park, John Magee Park, Butterfield Stage Park, Long Canyon Creek Park, Nicolas Road Park, Paseo Gallante Park, Riverton Park, Redhawk Community Park, Rotary Park, Stephen Linen Park, Sunset Park, Temecula Creek Trail Park, Temeku Hills Park, Vail Ranch Park, Veterans Park, Winchester Creek Park, and Calle Aragon Park. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Proiect Status: The removal and replacement of playground equipment and safety surfacing will be performed at one to two sites per year. A priority list has been developed and replacement will be completed on an ongoing basis. Department: Public Works/Temecula Community Services Account No. 210.190.120 Level: II Project Cost: Fiscal Year Prior Years Ended 2014 Actual I Carryover Expenditures Budget 2014-15 Adopted Appropriation 2015-16 2016-17 2017-18 2018-19 Total Project Projected Projected Projected Projected Cost Administration $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 60,000 Construction $ 250,000 $300,000 $350,000 $400,000 $ 1,300,000 Design $ - $ $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ - $ 100,000 Totals $ - $ - $ 290,000 $340,000 $390,000 $440,000 $ - $ 1,460,000 Source of Funds: Fiscal Year Prior Years Ended 2014 2014-15 Actual ' Carryover Adopted 2015-16 2016-17 2017-18 Expenditures Budget Appropriation Projected Projected Projected 2018-19 Total Project Projected Cost DIF (Parks & Recreation) $ 290,000 $340,000 $ 630,000 Unspecified* $390,000 $440,000 $ 830,000 Total Funding: $ - $ $ 290,000 $340,000 $390,000 $440,000 $ - $ 1,460,000 Future Operation & Maintenance Costs 2014-15 *Project cannot be constructed until a funding source is identified. 130 2016-17 $ 2,550 2018-19 $ 2,653 die 1'1: '!/rr <, THE CITY OF TEMECULA "Old Traelitio, New Opportunities' 0 PALA COMMUNITY PARK 260 520 780 ft. Map center: 6296973, 2116212 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend ci City Aerial 2012 Transparent Streets EI Parcels Scale: 1:2,738 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: April 28, 2015 SUBJECT: Approve the Purchase and Installation Agreement with Nature Works, Inc. for Sam Hicks Monument Park Playground Enhancement, PW 12-20 PREPARED BY: Amer Attar, Principal Engineer William Becerra, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve the Purchase and Installation Agreement with Nature Works, Inc., in the amount of $483,170, for the Sam Hicks Monument Park Playground Enhancement, PW 12-20; 2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $20,507, which is equal to 15% of the installation amount; 3. Make a finding that the Sam Hicks Monument Park Playground Enhancement, PW12-20, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Sam Hicks Monument Park Playground Enhancement project will replace an existing playground, constructed in 1994, with a local history themed playground. The proposed work includes: design, purchase, custom fabrication, and installation of a new playground intended for children between the ages of 2-5 and 5-12. Staff solicited proposals from several qualified landscape architectural and playground manufacturing firms to devise concepts for the enhancement of the existing playground to a historically themed one using Pechanga's Great Oak Tree as the basis for the concept. On August 28, 2014, the City received three hard copy proposals from highly qualified firms. All were subsequently asked to make presentations to the Parks and Recreation Ad Hoc Subcommittee. Based on their submitted proposal, presentation, and demonstrated artistic capabilities it was clear that Nature Works, Inc. was the best choice to undertake this effort. Nature Works, Inc. has successfully completed several similar projects for other public agencies as well as large private companies such as San Diego Zoo, San Diego Wild Animal Park, Viejas Casino and Disney World. City design team and Nature Works staff toured the Pechanga Tribe reservation to affirm design components that would be included in the playground as part of the Great Oak Tree concept. After the tour, the design team and Nature Works, Inc. successfully negotiated a scope of work and a fair and equitable agreement for $483,170. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Sam Hicks Monument Park Playground Enhancement project involves replacement of an existing playground; therefore, the project is exempt from the 5% MSHCP fees. ENVIROMENTAL REVIEW In preparation for the Sam Hicks Monument Park Playground Enhancement project (Project), environmental determinations under both federal and state requirements were completed. Because of the use of federal funding, Community Development Block Grant (CDBG), the project qualifies for review under the federal National Environmental Policy Act (NEPA). The Project has been determined to be Categorically Excluded pursuant to the provisions of NEPA and specifically 24 CFR Part 58. The Project qualifies for a Categorical Exclusion pursuant to 24 CFR Part 58.35(a)(1), which applies to acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent. The Project will improve existing facilities with no expansion of use. Staff prepared a Statutory Worksheet as required by NEPA; the Statutory Worksheet identified that the Project will require no mitigation for compliance with any listed statutes or authorities, nor will it require any formal permit or license. A Categorical Exclusion for the Project was approved by the Federal Department of Housing and Urban Development (HUD) on January 7, 2015. The Project has also been determined to be Categorically Exempt under the California Environmental Quality Act per CEQA Guidelines Section 15301(c) (Existing Facilities). This exemption applies to the minor alteration of existing public or private facilities when the alteration involves negligible or no expansion of an existing use. The Project involves the removal and replacement of existing playground equipment, playground amenities and ADA access improvements. The replacement of the playground equipment does not result in the expansion of the use and therefore meets the definition for a Categorical Exemption pursuant to CEQA. FISCAL IMPACT: The Sam Hicks Monument Park Playground Enhancement project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2015-19 and is funded with Community Development Block Grant funds and Development Impact Fees (Police Facilities). The agreement amount is $483,170, with a contingency of $20,507, for a total amount of $503,677. ATTACHMENTS: 1. Purchase and Installation Agreement 2. Project Description 3. Project Location PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND NATURE WORKS INC. SAM HICKS MONUMENT PARK PLAYGROUND ENHANCEMENT THIS AGREEMENT is made and effective as of April 28, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Nature Works 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 April 28, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install a new playground with proposed improvements that include several custom fabricated and historically themed play components, rubberized play surfacing, and new shade structure, as more particularly described in Exhibit A (Rendering) and Exhibit B (Scope of Work), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Four Hundred Eighty Three Thousand One Hundred Seventy Dollars ($483,170). The Purchase Price is final and shall be paid by City to Contractor in accordance with the attached Exhibit B. The City Manager may approve additional work up to fifteen percent (15%) of the Installation Amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work (Exhibit B). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the work. All of said work to be performed and materials to be furnished for the work shall be in strict accordance with the specifications set forth in the Scope of Work. The work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the work until such time as directed by the City. 5. TIME OF DELIVERY AND CONTRACTOR SCHEDULE Contractor shall coordinate the date and time of delivery of the equipment with the City's Director of Public Works, but it shall not be later than thirty days after issuance of the purchase order. The Contractor's proposed Project Schedule is depicted in Exhibit C (Schedule) attached hereto and incorporated herein as though set forth in full. 1 Contractor agrees to complete all construction work, beginning with Phase III, in a period not to exceed 100 Working Days, commencing with delivery of a Modified Notice to Proceed issued by City. 6. PLACE OF DELIVERY The Equipment shall be delivered to this location: Sam Hicks Monument Park 41790 Moreno Drive Temecula CA, 92592 7. LIQUIDATED DAMAGES — EXTENSION OF TIME In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 5 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAGE RATES AND LABOR CODE REQUIREMENTS 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 1720, 1725.5, 1771.1(a), 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 $200.00 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. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are attached hereto as Exhibit D and incorporated herein as though set forth in full. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State 2 wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. 9. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks. html. 10. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the equipment manufactured and installed. All of the equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the equipment for enhancement and replacement of playground equipment and safety surface to comply with current state and federal regulations and that City is relying on Contractor's warranties that the equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 11. PERFORMANCE 3 Contractor shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 12. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 13. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the equipment and installation, (2) accept the whole of the equipment and installation, or (3) accept any commercial unit or units of the equipment and reject the remainder or the installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 14. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the equipment and installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the equipment or any part thereof pursuant to the Section entitled "Rejection," City may, but is not required to, accept any substitute performance from Contractor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 15. 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. 16. AGREEMENT DOCUMENTS 4 a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Scope of Work attached hereto as Exhibit B. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 17. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the 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 the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service 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 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. 18. 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. 5 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 6 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. 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. 18. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 19. LEGAL RESPONSIBILITIES The Contractor 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 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. 20. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 21. 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. 7 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. 22. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 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. 23. 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: To Consultant: 24. GOVERNING LAW City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Nature Works, Inc. Attn: Valerie Salatino 1291 Pacific Oaks Place, Suite 112 Escondido, CA 92029 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 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. 25. 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 8 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. 26. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA NATURE WORKS, INC. By: By: Jeff Comerchero, Mayor ATTEST: By: By: Valerie Salatino, CFO, Secretary Randi Johl-Olson Nancy Moran City Clerk CEO, President APPROVED AS TO FORM: By: Peter M. Thorson CONTRACTOR City Attorney Nature Works, Inc. Attn: Valerie Salatino 1291 Pacific Oaks Place, Suite 112 Escondido CA 92029 (760) 747-2604 (760) 747-2664 FAX natureworksinc@cox.net 9 Acting PM Initials: Date: EXHIBIT A RENDERING 11 EXHIBIT B SCOPE OF WORK Sam Hicks Monument Park Enhancment Project Scope of Work 1. Complete design of Park $ 61,000. a. The design concept is provided by Nature Works, Inc. Design services include; illustrative design work, research, structural engineer design, safety certification and coordination of all services. The construction documents shall be prepared by Ivy Landscape Architects. 2. Purchase of All Playground Equipment and Fixtures and Applicable Tax $285,456. a. Great Oak Tree, 8' Trunk width at base, reaching 20' - 22' in Height. $117,740. Realistic oak branches will create a canopy with a varied width complimentary to the trunk. b. Canopy Sail Shades, dual layers of green "Sunbrella" shade sails; each section framed $ 40, 500. 8'xl 2' staggered triangular sections encircling the trunk 360 degrees, with the underside printed with intertwining oak branch photographic images depicting the Great Oak canopy. The overall width of the Sail Shade Canopy is 32' W. c. Insects and bugs, multiple to be installed on balancing log as a sort of scavenger hunt $ N/C PRE -HISTORY AREA a. Kiisha House, sculpted, partially constructed will be 52" H x 60"W for learning and $ 8, 500. climbing b. Slide, 14' with staircase and platform, brown with added bark $ 13,750. c. Climbing - Balancing log, 12'L x 15"-25" D, that also provides seating $ 16,400. 1800s -1900s AREA a. Farm Wagon, augmented for climbing and playing, the wagon shall meet $ 9,600. all required safety provisions. b. Sculpted life-size Cattle laying ground level near farm wagon. $ 12,735. c. Swing Set, for play for two $ 8,000. MODERN TIMES AREA a. Hot Air Balloons, two with mosaic detail, dimensional balloons and interactive basket $ 28,300. for each. *These balloons are sold as a set of two as per the design. One balloon will reach 9' in height, the 2nd shall be 8'H. The balloons shall meet ADA requirements. b. Grape Cluster, 3 qty., dimensional grapes, ground level for sitting or climbing upon. $ 8,531. $19, 400. c. Grape Vine Climbing Structure the climber will be 12' x 9' varying in height for 5 -12 year old kids 13 d. Signage designating the park is for kids 5 - 12 years of age $ 2,000. 3. Installation of all Equipment and Fixtures $ 136,714. a, Nature Works will perform all phases of installation of the scale Great Oak Tree and all elements fabricated for the park. Installation Labor to be provided by our sub -contractor and landscape contractor, Nature's Elements Landscaping. b. Site work to include the demo, removal and disposal of existing playground equipment, sand, and prepare the site for pouring the foundations and footings for all park elements. c. Installation of approximately 1100 sq. ft. of rubberized surfacing and 8D yards of engineered wood fiber surface to be installed by Topline Playgrounds. d. Provide concrete footings for; Great Oak, Kiisha, Log, Grapevine Climber, Cattle e. Transport, deliver and install, construction fencing, electrical and sanitary services. Transport deliver and install; all park elements, and designated temporary signage during construction. Complete Design of Park Purchase of all Park Equipment and Fixtures, tax included Installation of all Equipment and Fixtures Project Total The Sam Hicks Monument Park Enhancement Project PRODUCTION SCHEDULE OUTLINE 14 $ 61,000. $ 285,456. $ 136,714. $ 483,170. EXHIBIT C SCHEDULE The Sam Hicks Monument Park Enhancement Project PRODUCTION SCHEDULE OUTLINE updated March 2015 PHASE 1: SCHEMATIC DESIGN & ENGINEERING June - 2015 CONTRACTING OF SUB -CONTRACTORS PRE-PRODUCTION/MATERIAL PURCHASE FOR FABRICATION BEGINS/MOBILIZATION Ivy Landscape Architects will prepare all working drawings for the layout of all park elements. Engineering plans will be prepared for the tree and completed for the foundations and footings. The plans will be submitted for plan check and all permits will be attained. Raw material purchases shall begin within the this time frame so that in-house fabrication may begin. PHASE II: FABRICATION of the GREAT OAK, CLIMBING STRUCTURE, LOG, AND July - February 2016 ALL PARK ELEMENTS CONTINUE IN PRODUCTION Fabrication of the 'Great Oak Tree' to begin at the Nature Works studio. Our approach to building trees is to construct the trunk, and branches in sections. All sections are fabricated for installation as they are built to telescope into their counterparts and welded into place. The interior core is a schedule forty welded steel armature, which is then clad with welded bar that forms the body and movement of the tree. The tree is then hand sculpted and painted. PHASE 111: MOBILIZATION OF INSTALLATION March - April 2016 INSTALLATION OF CONSTRUCTION FENCING, AND SITE -SERVICES DEMOLITION, SITE PREP AND GRADING WORK TO BEGIN CONCRETE FOUNDATIONS AND FOOTINGS POURED, INSTALLATION PREP PARK EQUIPMENT PREPPED FOR INSTALLATION FABRICATION OF ALL PARK ELEMENTS CONTINUES The production phases of all of the creative elements are nearing completion and being prepared for installation PHASE IV: INSTALLATION OF GREAT OAK AND PARK ELEMENTS May - June 2016 Project is in the installation process of; the Great Oak Tree. Canopy, The log and Vine Climber with embedded insects and bugs, the Hot Air Balloons, and all elements for the park. PHASE V: FINAL INSTALLATION June - July 2016 MULTI -CANVAS SHADING SYSTEM, PARK EQUIPMENT AND ALL ELEMENTS RUBBERIZED SURFACING AND ENGINEERED WOOD FIBER SURFACES INSTALLED FINAL SITE -CHECK FOR COMPLETION SAFETY CERTIFICATION RECEIVED AND SUBMITTED TO CITY CONSTRUCTION FENCING, SITE SERVICES REMOVED FOLLOWING CITY APPROVAL DEMOBILIZATION This is the final installation phase of all components and elements for the park. The rubberized surfacing and engineered wood fiber surfaces will be the final items to be installed. The rubberized surfacing will be poured in place around the tree and park equipment as per the design layout. PHASE VI: PROJECT COMPLETION July 2016 PROJECT TIMELINE : 12 - 14 months, Completion projected for July 2016 16 General Decision Number: CA150036 02/20/2015 CA36 Superseded General Decision Number: CA20140036 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Riverside County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 01/16/2015 2 01/23/2015 3 02/20/2015 ASBE0005-002 06/30/2014 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) $ 35.44 19.36 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) $ 24.34 16.09 ASBE0005-004 06/24/2013 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 16.95 10.23 BOIL0092-003 10/01/2012 Rates Fringes BOILERMAKER $ 41.17 28.27 * BRCA0004-011 05/01/2014 Rates Fringes BRICKLAYER; MARBLE SETTER $ 36.96 12.37 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2014 Rates Fringes MARBLE FINISHER $ 28.45 11.38 TILE FINISHER $ 23.78 9.84 TILE LAYER $ 35.14 14.33 BRCA0018-010 09/01/2013 Rates Fringes TERRAZZO FINISHER $ 26.59 10.34 TERRAZZO WORKER/SETTER $ 33.63 11.13 CARP0409-001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer $ 37.35 11.08 (2) Millwright $ 37.85 11.08 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler $ 37.60 11.08 (5) Sawfiler $ 37.44 11.08 (6) Scaffold Builder $ 28.55 11.08 (7) Table Power Saw Operator $ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0409-002 07/01/2008 Diver Rates Fringes (1) Wet $ 663.68 9.82 (2) Standby $ 331.84 9.82 (3) Tender $ 323.84 9.82 (4) Assistant Tender $ 299.84 9.82 Amounts in "Rates' column are per day CARP0409-005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER$ 37.35 11.08 STOCKER/SCRAPPER $ 10.00 6.67 CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer $ 17.00 7.41 * ELEC0440-001 12/01/2014 Rates Fringes ELECTRICIAN INSIDE ELECTRICIAN $ 36.09 22.07 INTELLIGENT TRANSPORTATION SYSTEMS Electrician $ 36.09 22.07 Technician $ 27.07 21.80 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ELEC0440-004 05/26/2014 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer $ 28.38 4%+11.45 Technician $ 30.18 4%+11.45 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarms, and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. ELEC1245-001 06/01/2013 Rates LINE CONSTRUCTION (1) Lineman; Cable splicer$ 50.30 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) $ 40.17 (3) Groundman $ 30.73 (4) Powderman $ 44.91 Fringes 15.00 14.56 13.48 13.48 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2014 Rates Fringes ELEVATOR MECHANIC $ 49.03 26.785 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/07/2014 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 $ 39.05 22.25 GROUP 2 $ 39.83 22.25 GROUP 3 $ 40.12 22.25 GROUP 4 $ 41.61 22.25 GROUP 5 $ 41.86 22.25 GROUP 6 $ 41.83 22.25 GROUP 8 $ 41.94 22.25 GROUP 9 $ 42.19 22.25 GROUP 10 $ 42.06 22.25 GROUP 11 $ 42.31 22.25 GROUP 12 $ 42.23 22.25 GROUP 13 $ 42.33 22.25 GROUP 14 $ 42.36 22.25 GROUP 15 $ 42.44 22.25 GROUP 16 $ 42.56 22.25 GROUP 17 $ 42.73 22.25 GROUP 18 $ 42.83 22.25 GROUP 19 $ 42.94 22.25 GROUP 20 $ 43.06 22.25 GROUP 21 $ 43.23 22.25 GROUP 22 $ 43.33 22.25 GROUP 23 $ 43.44 22.25 GROUP 24 $ 43.56 22.25 GROUP 25 $ 43.73 22.25 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 $ 40.40 22.25 GROUP 2 $ 41.18 22.25 GROUP 3 $ 41.47 22.25 GROUP 4 $ 41.61 22.25 GROUP 5 $ 41.83 22.25 GROUP 6 $ 41.94 22.25 GROUP 7 $ 42.06 22.25 GROUP 8 $ 42.23 22.25 GROUP 9 $ 42.40 22.25 GROUP 10 $ 43.40 22.25 GROUP 11 $ 44.40 22.25 GROUP 12 $ 45.40 22.25 GROUP 13 $ 46.40 22.25 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 $ 40.90 22.25 GROUP 2 $ 41.68 22.25 GROUP 3 $ 41.97 22.25 GROUP 4 $ 42.11 22.25 GROUP 5 $ 42.33 22.25 GROUP 6 $ 42.44 22.25 GROUP 7 $ 42.56 22.25 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types -Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T255, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T245, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T245, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue 5 following R32E lines to the NW corner of T315, R32E, MDM. Continue W to the NW corner of T315, R31E, MDM. Continue 5 to the SW corner of T325, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T325, R30E, MDM. Continue 5 to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue 5 to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue 5 along west boundary of R1E, SMB to Riverside County line at the SW corner of T15, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T15, R10E, SBM. Continue 5 along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T95, R9E, SBM. Continue 5 along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T255, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T305, R16E, MDM. Continue E to SW corner of T305, R17E, MDM. Continue 5 to SW corner of T31S, R17E, MDM. Continue E to SW corner of T315, R18E, MDM. Continue 5 along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue 5 along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2014 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman $ 48.60 22.40 (2) Dredge dozer $ 42.63 22.40 (3) Deckmate $ 42.52 22.40 (4) Winch operator (stern winch on dredge) $ 41.97 22.40 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand $ 41.43 22.40 (6) Barge Mate $ 42.04 22.40 IRON0377-002 01/01/2015 Rates Fringes Ironworkers: Fence Erector $ 27.08 18.24 Ornamental, Reinforcing and Structural $ 33.50 28.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0300-005 01/01/2014 Rates Fringes Asbestos Removal Laborer $ 28.00 15.25 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO0345-001 07/01/2014 Rates Fringes LABORER (GUNITE) GROUP 1 $ 34.79 17.92 GROUP 2 $ 33.84 17.92 GROUP 3 $ 30.30 17.92 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LABO1184-001 07/01/2014 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer$ 31.65 13.33 (2) Vehicle Operator/Hauler$ 31.82 13.33 (3) Horizontal Directional Drill Operator $ 33.67 13.33 (4) Electronic Tracking Locator $ 35.67 13.33 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 $ 32.56 16.28 GROUP 2 $ 33.86 16.28 GROUP 3 $ 35.87 16.28 GROUP 4 $ 37.61 16.28 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LABO1184-002 07/01/2014 Rates Fringes LABORER (TUNNEL) GROUP 1 $ 35.74 16.48 GROUP 2 $ 36.06 16.48 GROUP 3 $ 36.52 16.48 GROUP 4 $ 37.21 16.48 LABORER GROUP 1 $ 30.19 16.48 GROUP 2 $ 30.74 16.48 GROUP 3 $ 31.29 16.48 GROUP 4 $ 32.84 16.48 GROUP 5 $ 33.19 16.48 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work LABO1184-004 07/01/2014 Rates Fringes Brick Tender $ 29.12 15.78 LABO1414-001 08/07/2013 Rates Fringes LABORER PLASTER CLEAN-UP LABORER$ 27.45 PLASTER TENDER $ 30.00 16.36 16.36 Work on a swing stage scaffold: $1.00 per hour additional. PAIN0036-001 07/01/2014 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) $ 26.89 12.28 (2) All Other Work $ 30.27 12.28 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-008 10/01/2014 Rates Fringes DRYWALL FINISHER/TAPER $ 35.18 15.91 PAIN0036-015 06/01/2014 Rates Fringes GLAZIER $ 37.95 22.69 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up * PAIN1247-002 01/01/2015 Rates Fringes SOFT FLOOR LAYER $ 29.85 13.56 PLAS0200-009 08/06/2014 Rates Fringes PLASTERER $ 37.43 13.28 PLAS0500-002 07/07/2014 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 31.85 19.55 PLUM0016-001 07/01/2014 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work $ 44.71 20.36 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space $ 43.33 19.38 Work ONLY on strip malls, light commercial, tenant improvement and remodel work $ 34.59 17.71 PLUM0345-001 07/01/2014 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29.27 Sewer & Storm Drain Work....$ 33.24 19.75 17.13 ROOF0036-002 08/01/2014 Rates Fringes ROOFER $ 35.02 13.57 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669-002 07/01/2013 Rates Fringes SPRINKLER FITTER $ 34.10 19.38 SHEE0105-003 01/01/2015 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work $ 40.79 23.75 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort$ 40.79 23.75 TEAM0011-002 07/01/2014 Rates Fringes TRUCK DRIVER GROUP 1 $ 27.99 24.14 GROUP 2 $ 28.14 24.14 GROUP 3 $ 28.27 24.14 GROUP 4 $ 28.46 24.14 GROUP 5 $ 28.49 24.14 GROUP 6 $ 28.52 24.14 GROUP 7 $ 28.77 24.14 GROUP 8 $ 29.02 24.14 GROUP 9 $ 29.22 24.14 GROUP 10 $ 29.52 24.14 GROUP 11 $ 30.02 24.14 GROUP 12 $ 30.45 24.14 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION f r"4"7257"' Capital Improvement Program Fiscal Years 2015-19 SAM HICKS MONUMENT PARK PLAYGROUND ENHANCEMENT Parks and Recreation Project Project Description: This project includes the design and construction of a new innovative play area to replace the existing equipment, including removal of old equipment and installation of new equipment, and resurfacing according to ADA Guidelines. The Furniture, Fixtures and Equipment (FF&E) covers camera system infrastructure, access control, Public Wi-Fi and other identified Information Technology needs. Benefit / Core Value: This project provides an enhanced play environment and improved access for the disabled. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is estimated to be completed by the end of FY 2014-15. Department: Temecula Community Services Account No. 210.190.132 Level: I Project Cost: Fiscal Year Prior Years Ended 2014 2014-15 Actual I Carryover Adopted 2015-16 Expenditures Budget Appropriation Projected 2016-17 Projected 2017-18 Projected 2018-19 Total Project Projected Cost Administration $ 1,518 $ 7,500 $ 27,659 $ 35,159 Construction $ 1,074 $ 116,426 $ 278,891 $ 396,391 Design $ 444 $ 49,556 $ 346,550 $ - $ - $ - $ - $ 50,000 Fixtures/Furn/Equip $ 40,000 $ 40,000 Totals $ 1,518 $ 173,482 $ 346,550 $ - $ - $ - $ - $ 521,550 Source of Funds: Fiscal Year Prior Years Ended 2014 Actual I Carryover Expenditures Budget 2014-15 Adopted Appropriation 2015-16 Projected 2016-17 1 2017-18 2018-19 Total Project Projected 'Projected Projected Cost C D B G $ 1,518 $ 173,482 $ 311,550 $ 486,550 DIF (Police Facilities) $ 35,000 $ 35,000 Total Funding: $ 1,518 $ 173,482 $ 346,550 $ - $ - $ - $ - $ 521,550 Future Operation & Maintenance Costs: 2014-15 2015-16 2016-17 2017-18 $ 5,000 $ 5,100 $ 5,202 2018-19 $ 5,306 134 SAM HICKS MONUMENT PARK PLAYGROUND ENHANCEMENT Parks and Recreation Project Location Aerial Data - March 2010 0 100 200 Feet 400 133 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No. 12 ACTION MINUTES April 14, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:25 P.M. CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR NOTICE TO THE PUBLIC 10 Approve the Action Minutes of March 24, 2015 - Approved Staff Recommendation (4-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Comerchero, Naggar, Rahn and Edwards. RECOMMENDATION: 10.1 That the Board of Directors approve the action minutes of March 24, 2015. 11 Approve an Agreement with Margarita Officials Association for Sports Officiating Services - Approved Staff Recommendation (4-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Comerchero, Naggar, Rahn and Edwards. RECOMMENDATION: 11.1 That the Board of Directors approve a five-year agreement with Margarita Officials Association, in the amount of $50,000 per year, for adult softball league and tournament officiating services. 12 Approve the Second Amendment to the Agreement with Sherry Berry Music for Concession Services - Approved Staff Recommendation (4-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Comerchero, Naggar, Rahn and Edwards. RECOMMENDATION: 12.1 That the Board of Directors approve the Second Amendment to the Agreement with Sherry Berry Music to extend the term to April 1, 2016, and to amend Payment Section 7 to maintain continuity for providing concession services at the Old Town Temecula Community Theater. CSD Action Minutes 041415 1 13 Approval to Utilize Staff Support for West Coast Premiere Screening Event for Film Featuring Retired USMC Corporal Juan E. Dominguez in Temecula (At the Request of TCSD President Edwards) - Approved Staff Recommendation (4-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Comerchero, Naggar, Rahn and Edwards. RECOMMENDATION: 13.1 That the Board of Directors approve the utilization of staff for the planning and execution of the west coast film premiere in Retired USMC Corporal Juan E. Dominguez' (Purple Heart) hometown in the August —September time frame. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:30 P.M., the Community Services District was formally adjourned to Tuesday, April 28, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Chair ATTEST: Randi Johl-Olson, City Clerk/Secretary [SEAL] CSD Action Minutes 041415 2 Item No. 13 TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT General Manager/Board of Directors Jennifer Hennessy, Finance Director April 28, 2015 Approve TCSD Proposed Rates and Charges for Fiscal Year 2015-16 PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 15- 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 2015-16 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD. The TCSD is required to complete an annual levy process which includes adopting a resolution to accept the filing of a report on the proposed rates and charges necessary to provide the following services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. The four current service levels of the TCSD include: 1. Service Level B — 2. Service Level C — 3. Service Level D — 4. Service Level R — Residential Street Lighting. Perimeter Landscaping and Slope Maintenance. Residential Recycling and Refuse Collection. Unpaved Road Maintenance. 1. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. The rate is capped at $25.68 per single family residential and $12.84 per vacant residential property. 2. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections, there are two zones subject to an annual rate increase. The rate increase is the lesser of: (1) the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles - Riverside -Orange County Area, for the previous calendar year (2) 5% The CPI change from Annual 2013 to Annual 2014 was 1.35%. As a result, the following zones will see a slight increase in the rates for Fiscal Year 2015-16. Zone No. and Name 6 - Woodcrest County 29 - Gallery Portraits 14-15 Rate $ 103.22 $ 368.42 15-16 Rate Increase $ 104.62 $1.40 $ 373.40 $4.98 3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI, Diesel Fuel Component Index (DFCI), and land -fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $1.29 per month is proposed to the rate and charge for Service Level D from $20.35 to $21.61 per month per residential unit beginning Fiscal Year 2015-16. Of this increase, $0.98 per month is for the implementation of the residential organic recycling program. 4. Service Level R — Unpaved Street and Road Maintenance The TCSD rates and charges for Service Level R are not proposed to increase from their approved per parcel rate. The rate is capped at $115.26 per single family residential and $57.62 per vacant residential property. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for Fiscal Year 2015-16 and schedule a public hearing concerning these issues for June 23, 2015. Staff will proceed with noticing each affected property owner in the City regarding the proposed rates and charges within a minimum of forty five (45) days prior to the June 23, 2015 public hearing. FISCAL IMPACT: The revenue generated for the TCSD Fiscal Year 2015-16 rates and charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. ATTACHMENTS: 1. Resolution of Intention 2. Exhibit A — Project Summary RESOLUTION NO. CSD 15- 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 2015-16 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2015-2016 Fiscal Year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2015-2016. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 23rd day of June, 2015, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 28th day of April, 2015. Maryann Edwards, Chair ATTEST: Randi Johl-Olson, City Clerk/Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl-Olson, City Clerk/Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 15- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 28th day of April, 2015, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl-Olson, City Clerk/Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 28, 2014, Albert A. Webb Associates was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for Fiscal Year 2015-2016. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific Service Level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level boundary. The TCSD is currently composed of four (4) Service Levels, as described below: 1. Service Level B — Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Collection. Operations and administration of the recycling and refuse collection program for single-family residential dwellings. 4. Service Level R — Unpaved Road Maintenance. Maintenance of unpaved streets and roads. The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2015-2016 as follows: SERVICE LEVEL BUDGET Rate Service Level B $ 1,032,622 $25.68/SFR* $12.84/Vacant Parcel Service Level C $ 1,795,162 Variable Service Level D $ 7,189,109 $259.32 Service Level R $ 9,850 Variable TOTAL BUDGET FY 2015-2016 $ 10, 026, 743 *Single Family Residential The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2015-2016 are as shown on the Levy Roll on file with the City Clerk/District Secretary. CITY COUNCIL BUSINESS Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: April 28, 2015 SUBJECT: Approve an Interim Ordinance Prohibiting Certain Land Uses and Construction in the Proposed Uptown Jefferson Specific Plan Area Pending Formal Approval of the Uptown Jefferson Specific Plan PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council adopt by 4/5 vote the following interim ordinance entitled: INTERIM ORDINANCE NO. '15 - AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TEMPORARILY PROHIBITING CERTAIN USES AND CONSTRUCTION IN THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AREA PENDING CITY COUNCIL CONSIDERATION OF THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES SUMMARY OF ORDINANCE: The proposed interim ordinance would prohibit certain land uses and construction of buildings that are inconsistent with both the current zoning and proposed Uptown Jefferson Specific Plan. BACKGROUND: During the past several years, the Community Development Department has engaged the community in an effort to develop a Specific Plan for the Uptown Jefferson Area, which is the area generally bounded by Murrieta Creek to the west, Interstate 15 to the east, City of Murrieta to the north and Rancho California Road to the south ("Uptown Jefferson"). Through the Envision Jefferson public visioning meetings, Jefferson Sub -committee meetings, Steering Committee meetings, City Commission meetings, and outreach through the Envision Jefferson website, many different stakeholders and many hours of discussions have determined the best land uses and development standards necessary to develop a new and vibrant Uptown Jefferson. As a result of the community meetings, a vision of Uptown Jefferson evolved. The following is a condensed version of that vision. The Uptown Jefferson Specific Plan will create a unique destination place within the City of Temecula through the careful planning of land uses, public spaces, development standards and public transportation. By peering through a visionary lens, Uptown Jefferson will be Temecula's newest "destination." Vibrant, sophisticated and unique, the area will be home to a diverse mix of residents of all ages, experiences and interests, living in eclectic, up-and-coming neighborhoods. These neighborhoods in Uptown Jefferson will provide a unique metropolitan experience, rivaled by no other place in the city or region. The neighborhoods will be upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. Complemented by an expanded mix of new locally -owned and corporate businesses, collectively they will provide high quality jobs, as well as goods and services to local residents. The urban neighborhoods in Uptown Jefferson are located within walking distance to a hub of quality and thriving businesses, technologically innovative employment centers, and higher -education facilities. The vibe of Uptown Jefferson will foster creativity, stimulate innovation, and provide a place for community members to work, learn and refashion the world around them. And historically important, locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. Uptown Jefferson will also contribute to the local tourism industry with expanded hotel offerings, restaurants and shops. In addition to expanding its service to traditional weekend -oriented tourism, the stronger presence of businesses and corporations will fill hotel rooms and support small conventions and events that occur during the week. Aesthetically enhanced and interconnected street networks will provide expanded mobility options to residents, workers and visitors. In addition, one-stop parking combined with efficient transit, tree lined sidewalks and safe bikeways will create the feeling of "complete streets." These expanded networks of bicycle paths, sidewalks, and multi -use trails will connect neighborhoods, businesses, and recreation areas. Trails along Murrieta Creek will connect active play fields and parks in the northern area, Old Town to the south, the business park to the west, and Promenade Mall and other neighborhoods to the east. Uptown Jefferson has been designed and will be built from the collective, shared efforts of public participation, private development, and public investments. These efforts are driven by a community-based vision and priorities for strategic, feasible and flexible revitalization. This vision and the eight corresponding goals (established by the Steering Committee and approved by the Uptown Jefferson Sub -committee) that support this vision were used to prepare a draft of the Uptown Jefferson Specific Plan and the Draft Environmental Impact Report (EIR) for the Specific Plan. The Draft EIR is currently being circulated for formal public comment, which ends May 18, 2015, and the Draft Specific Plan is anticipated to be released to the public in early May. Public hearings on the Specific Plan and Draft EIR will be held before the Planning Commission and City Council and are tentatively set for June and July 2015. The Draft Uptown Jefferson Specific Plan ("Specific Plan") provides for certain permitted and conditionally permitted land uses within Uptown Jefferson as well as new development standards. The permitted uses and development standards have also been reviewed by the Steering Committee and the Uptown Jefferson Sub -committee. During the past several months, the City has received inquiries about the development of land uses and construction of buildings and structures in Uptown Jefferson that, if allowed, would be inconsistent with the proposed land uses and development standards proposed as part of the Uptown Jefferson Specific Plan and would impede the development of the Specific Plan vision if approved. Therefore it is recommended that an interim ordinance be adopted that would prohibit those land uses and construction of buildings in Uptown Jefferson that would no longer be allowed if the Uptown Jefferson Specific Plan is adopted. Without such an ordinance, land uses, buildings or structures could be established, commenced, or constructed in a manner inconsistent with, and which could impede the implementation of the Specific Plan. Maintaining a balance of land uses and public space is vital to the accomplishment of the purposes and goals of the proposed Specific Plan. The proposed ordinance would prohibit the following uses and buildings in Uptown Jefferson during the time it is in effect: 1. Any new use that is not permitted by right, as identified in Table 17.08.030 of Title 17 of the Temecula Municipal Code, within the current zoning designation, and is not permitted by right as identified in Table 3-9 Land Use Matrix of the draft Uptown Jefferson Specific Plan (Exhibit B) shall be allowed; 2. Any new building or structure with a floor area ratio (FAR) of greater than 0.30 within the Community Commercial, Highway Tourism or Service Commercial zoning districts, or a FAR of greater than 0.40 within the Business Park or Light Industrial zoning districts; and 3. Any new building or structure with a height greater than 40 feet within the Light Industrial zoning district, a height greater than 50 feet in the Business Park, Service Commercial or Community Commercial zoning districts, or a height greater than 75 feet within the Highway Tourism zoning district; The provisions of the ordinance would not apply to any of the following: 1. Tenant interior improvements; 2. Building repairs necessary to protect public health and safety as determined by the Director of Community Development; and 3. Repairs or construction ordered by, or undertaken by, the City or its agents. The proposed ordinance would be in effect for a period of 45 days. The Council could extend the ordinance for an additional 10 months and 15 days following a noticed public hearing. The land uses and development standards in the Uptown Jefferson Specific Plan would govern the Area upon adoption of the Specific Plan by the City Council. The ordinance will be adopted as an urgency interim zoning ordinance pursuant to the authority of Government Code Sections 36934, 36937 and 65858(a), and shall be effective immediately upon its adoption. The adoption of the interim ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937, and is necessary to protect the public safety, health, and welfare pursuant to the requirements of Government Code Section 65858(a). FISCAL IMPACT: None ATTACHMENTS: 1. Interim Ordinance 2. Exhibit A - Jefferson Avenue Study Area Map 3. Exhibit B - Proposed Uptown Jefferson Specific Plan Land Use Matrix INTERIM ORDINANCE NO. 15 - AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TEMPORARILY PROHIBITING CERTAIN USES AND CONSTRUCTION IN THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AREA PENDING CITY COUNCIL CONSIDERATION OF THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO SECTION 15061(6)(3) OF THE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Legislative Findings. A. On April 2, 2015 the Community Development Department of the City of Temecula released for public comment a draft of the Draft Environmental Impact Report ("DEIR") for the Uptown Jefferson Specific Plan. The public review period for the DEIR is from April 2, 2015 through May 18, 2015. A draft of the proposed Specific Plan is anticipated to be released for public review in early May 2015. A public hearing on the Uptown Jefferson Specific Plan is tentatively scheduled for June 2015 before the Planning Commission of the City of Temecula and for July 2015 before the City Council of the City of Temecula. Such dates may change, however, depending on comments received during the public review process. B. The area that will be subject to the Uptown Jefferson Specific Plan is described and depicted on Exhibit A, Uptown Jefferson Specific Plan Area, ("Uptown Jefferson Specific Plan Area"). C. The Uptown Jefferson Specific Plan will create a unique destination place within the City of Temecula through the careful planning of land uses, public spaces, development standards and public transportation. 1. By peering through a visionary lens, Uptown Jefferson will be Temecula's newest "destination." Vibrant, sophisticated and unique, the area will be home to a diverse mix of residents of all ages, experiences and interests, living in eclectic, up-and-coming neighborhoods. These neighborhoods in Uptown Jefferson will provide a unique metropolitan experience, rivaled by no other place in the city or region. The neighborhoods will be upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. Complemented by an expanded mix of new locally -owned and corporate businesses, collectively they will provide high quality jobs, as well as goods and services to local residents. 2. The urban neighborhoods in Uptown Jefferson are located within walking distance to a hub of quality and thriving businesses, technologically innovative employment centers, and higher -education facilities. The vibe of Uptown Jefferson will foster creativity, stimulate innovation, and provide a place for community members to work, learn and refashion the world around them. And historically important, locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. Uptown Jefferson will also contribute to the local tourism industry with expanded hotel offerings, restaurants and shops. In addition to expanding its service to traditional weekend -oriented tourism, the stronger presence of businesses and corporations will fill hotel rooms and support small conventions and events that occur during the week. 3. Aesthetically enhanced and interconnected street networks will provide expanded mobility options to residents, workers and visitors. In addition, one-stop parking combined with efficient transit, tree lined sidewalks and safe bikeways will create the feeling of "complete streets." These expanded networks of bicycle paths, sidewalks, and multi -use trails will connect neighborhoods, businesses, and recreation areas. Trails along Murrieta Creek will connect active play fields and parks in the northern area, Old Town to the south, the business park to the west, and Promenade Mall and other neighborhoods to the east. 4. Uptown Jefferson has been designed and will be built from the collective, shared efforts of public participation, private development, and public investments. These efforts are driven by a community-based vision and priorities for strategic, feasible and flexible revitalization. D. The Draft Uptown Jefferson Specific Plan provides for certain permitted and conditionally permitted land uses within the area comprising the Draft Uptown Jefferson Specific Plan in order to accomplish the impacts described in Subsection (c). E. The City has received several inquires about the development of land uses and construction of buildings and structures in Uptown Jefferson Specific Plan Area that would be inconsistent with the proposed land uses and development standards proposed as part of the Uptown Jefferson Specific Plan and would impede the development of the Uptown Jefferson Specific Plan when approved. F. Therefore, for these reasons, and based on all evidence in the record, it would be detrimental to the public welfare if, in the interim time necessary to complete the processing of the DEIR and public hearings before the Planning Commission and City Council for approval of the Uptown Jefferson Specific Plan, land uses, buildings or structures were established, commenced, or constructed that could prevent the accomplishment of the purposes and goals of the Uptown Jefferson Specific Plan, impede the implementation of the Uptown Jefferson Specific Plan, and eliminate opportunities to maintain the balanced and vital land uses and public spaces so vital to the accomplishment of the purposes and goals of the proposed Uptown Jefferson Specific Plan. Section 2. Authority. Pursuant to Government Code Section 65858, the City Council may adopt as an urgency measure, an Interim Ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal which a legislative body, Planning Commission, or Community Development Department is considering or studying or intends to study within a reasonable period of time. Section 3. Urgency Findings. The City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Interim Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 65858 and take effect immediately upon adoption. A. As described in Section 1 of this Interim Ordinance, the Uptown Jefferson Specific Plan will be a very unique area of the City. The City Council finds that continued development of land uses in the Uptown Jefferson Specific Plan Area that would be prohibited by the Uptown Specific Plan during the City's review and consideration of the proposed Uptown Jefferson Specific Plan will erode the unique character that is proposed for the Uptown Jefferson Specific Plan Area and frustrate the goals and purpose of the Uptown Jefferson Specific Plan and the land use regulations ultimately adopted with respect to the Uptown Jefferson Specific Plan. B. To ensure that activity within the proposed Uptown Jefferson Specific Plan Area during this period of study is consistent with the goals and objectives of protecting the proposed Uptown Jefferson Specific Plan Area, as reflected in the quality and diversity of its stores, hotels, restaurants, and offices, and maintaining the quality of life in the proposed Uptown Jefferson Specific Plan Area, the City Council finds it necessary to adopt interim regulations that both respect property rights and protect the public health, safety and general welfare. C. Absent the passage of this Interim Ordinance, continued development of area of the proposed Uptown Jefferson Specific Plan poses a current and immediate threat to the public health, safety, or general welfare. If this Interim Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after a second reading, there is a risk that further harm will be done to prevent the implementation of the Uptown Jefferson Specific Plan if approved by the City Council and any protections recommended by the adopted policies can be implemented. D. For the reasons specified in Section 1 of this Interim Ordinance and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by potential development that would inconsistent with the goals of the Uptown Jefferson Specific Plan. Therefore, this Interim Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared. Section 4. Adoption as Urgency Interim Zoning Ordinance. This Interim Ordinance is adopted as an urgency interim zoning ordinance pursuant to the provisions of Government Code Sections 36934, 36937 and 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Sections 1 and 3 of this Interim Ordinance, the City Council finds and determines that the adoption of this Interim Ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937, and is necessary to protect the public safety, health, and welfare pursuant to the requirements of Government Code Section 65858(a). Section 5. Moratorium established and defined. The City of Temecula hereby establishes an interim moratorium on development within the proposed Uptown Jefferson Specific Plan Area as follows: A. Within the Uptown Jefferson Specific Plan Area, no person shall construct or develop any of the following land uses, buildings or structures and no application for a building permit, conditional use permit, variance, design review, temporary use permit or any other entitlement for the construction of a new building or structure or the expansion of an existing building or structure shall be accepted or issued by the City for of any of the following uses, buildings or structures during the term of this Interim Ordinance notwithstanding any other ordinance or provision of the Temecula Municipal Code: 1. Any new use that is not permitted by right, as identified in Table 17.08.030 of Title 17 of the Temecula Municipal Code, within the current zoning designation, and is not permitted by right as identified in Table 3-9 Land Use Matrix of the draft Uptown Jefferson Specific Plan (Exhibit B); 2. Any new building or structure with a floor area ratio (FAR) of greater than 0.30 within the Community Commercial, Highway Tourism or Service Commercial zoning districts, or a FAR of greater than 0.40 within the Business Park or Light Industrial zoning districts; or 3. Any new building or structure with a height greater than 40 feet within the Light Industrial zoning district, a height greater than 50 feet in the Business Park, Service Commercial or Community Commercial zoning districts, or a height greater than 75 feet within the Highway Tourism zoning district; B. Any building or portion of a building that is lawfully and currently occupied as of the date of this Interim Ordinance with a land use prohibited by Section 5.(a) of this Interim Ordinance may continue to be occupied as such the term of this Interim Ordinance, provided, however, there is no physical expansion of the land use, building or structure during the term of this Interim Ordinance. C. The provisions of this Section 4 of this Interim Ordinance shall not apply to any of the following: 1. Tenant interior improvements; 2. Building repairs necessary to protect public health and safety as determined by the Director of Community Development; and 3. Repairs or construction ordered by, or undertaken by, the City or its agents. Section 6. Interim Conditional Use Permit. Notwithstanding the provisions of Section 5 of this Interim Ordinance, the City of Temecula may accept and process applications for conditional use permits for development or use of property otherwise subject to the prohibitions of Section 5 of this Interim Ordinance if the City Council finds, after receipt of recommendation from the Planning Commission, that the owner of the subject property will be deprived of all economically viable use of his or her land unless the property owner is allowed to develop or use the property notwithstanding the provisions of Section 5 of this Interim Ordinance, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use; provided that, whether or not a conditional use permit would otherwise be required by the Temecula Municipal Code, a conditional use permit is issued for development or use of the property. Section 7. CEQA Findings. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Interim Ordinance may have a significant effect on the environment. This Interim Ordinance does not authorize construction and, in fact, imposes greater restrictions on certain development in order to protect the public health, safety and general welfare. These findings are premised on the fact that the adoption of this urgency Interim Ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City without change or alteration. This Interim Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. Section 8. Written Report. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this Interim Ordinance. Section 9. Extension of Time. The Director of Community Development and the City Clerk shall undertake all actions legally necessary to extend this Interim Ordinance in the event the report desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this Interim Ordinance. Section 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Interim Ordinance shall be and remain in full force and effect. Section 11. Immediate Effect. This Interim Ordinance, being an Interim Ordinance adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days; provided, however, that after notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858. Section 12. Termination. The requirements of this Interim Ordinance shall cease upon the latest of the effective dates of for the ordinances and/or resolutions approving the Uptown Jefferson Specific Plan. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28 day of April, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15- was duly introduced at a meeting of the City Council of the City of Temecula on the 28th day of April, 2015, and said Ordinance was duly adopted by the City Council of the City of Temecula on the 28th day of April, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk EXHIBIT A alJefferson Avenue Study Area - Highways Centerline =I 0 Parcels r.gsarmiap prgecrs.p+ann,rtefsor comae ease,ap Es, KG. ria Exhibit B Proposed Uptown Jefferson Specific Plan Land Use Matrix Table 3-9 Land Use Matrix 1 List of Uses UC UHT US UA WH-RO CV CV -CO MCR - OS Adult entertainment business - - - - - - - - Alcoholic beverages sales See Municipal Code Section 17.10.020 -Supplemental Development Standards Alcoholism or drug abuse recovery or treatment facility (six or fewer)2 - - - - P - - - Alcoholism or drug abuse recovery or treatment facility (seven to twelve)2 - - - - C - - - Art studio (with or without a gallery) P C P P - P P - Auditorium, community assembly space, conference facility C C C C - - - - Automobile sales (indoor only) C - C C - - C - Automotive service station/gas station (with or without a convenience store) 6 C C C - - - - - Automotive maintenance/light repair C - C C - - - - Automotive repair (heavy repair) _ - _ _ _ - - _ Bar, cocktail lounge, night club, live entertainment (indoor only) C C C C - C C - Car wash 6 0 0 0 0 - - - - Community care facility 2 - - 0 0 - - - - Day care/preschool (commercial) P P P P C C P - Drive-thru 6 0 0 0 0 - - - - Educational institutions C C C C - - - - Facilities for mentally disordered, disabled, or dependent or neglected children (seven to twelve) 2 - - - - C - - - Farmer's market (outdoor) C C C C - C C - Grocery store P P P P - P P - Health, fitness, dance, martial arts studio C C C C - C C - Home occupations P P P P P P P - Hospital C - C - - - - - Hotel P P3 P P - - P - Kennel/cattery/pet day care facility 6 C C C C - - C - Light manufacturing (indoor only) C - C C - - - - Multi-purpose trail P P P P P P P P Nature center/exhibits - - - - - - - P Office (administrative/ professional/medical/ government) P P P P - - P4 - Parking lots/ parking 6 structures (standalone) C C C C - C - - Performing arts venue, theatre, cinema, museum C C C C - C C - Private smoking lounge/hookah lounge C C C C - - C - Residential P P5 P P P P P5 - Residential care facilities (six o r fewer) - - - - P - - - Residential care facilities (seven to twelve) - - - - C - - - Residential care facilitiesfor- the elderly (six or fewer) - - - P - - - Residential care facilities for 2 the elderly (seven to twelve) - - - - C - - - Residential-live/work - - P P - P - - Restaurant (with or without the sale of beer and wine) P P P P - P P - Restaurant (with the sale of distilled spirits) C C C C - C C - Religious institutions (with or without a daycare or school) C C C C C C C - Retail P P P P - P P - Transit Center - - C - - - - C Transitional housing - - - - P - - - Service — general P - P P - - P - Service — personal P P P P - P P - Sports and recreation facility (indoor only) C - C C - - C P Sports and recreation facility (outdoor) - - C - - - - P Swap meet (indoor only) - - - C - - - - Wine tasting facility (Type 02 ABC license only) P P P P - - P - Wine/ micro-brewery tasting facility C C C C - C C - FOOTNOTES: 1The land uses listed in Table 3-9 below shall be permitted in one or more of the specific plan districts as indicated in the corresponding column. Where indicated with the letter "P" the use shall be permitted by right within the district. Where indicated with the letter "C" the use shall be permitted with the approval of a Conditional Use Permit. Where indicated with the symbol "-" the use shall be prohibited within the district. 2 Subject to the State of California Department of Social Services licensing requirements. 3 Full service hotels (see definition in appendix) of up to 8 stories in height are permitted by right in the Uptown Hotel/Tourism District and are not subject to the public improvements/public benefits incentives program outlined in Chapter 3. 4 Office uses are permitted above the first floor only. However, office uses may be permitted on the first floor when the office use does not directly front onto any street included any future street. 5 Residential uses are permitted above the first floor only. 6Subject to the Standards for Specific Uses outlined in Section 3.1. Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: April 28, 2015 SUBJECT: Appointment of Michael R. McCracken as City Council Member to Fill the Vacancy on the City Council for the Unexpired Term Ending December 13, 2016 PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING MICHAEL R. MCCRACKEN AS CITY COUNCIL MEMBER TO FILL THE VACANCY ON THE CITY COUNCIL FOR THE UNEXPIRED TERM ENDING DECEMBER 13, 2016 BACKGROUND: On March 4, 2015, former City Council Member Chuck Washington was appointed by Governor Jerry Brown to the Riverside County Board of Supervisors. On March 5, 2015, Mr. Washington officially resigned as a City Council Member and was sworn in as a member of the Board of Supervisors. Government Code Section 36512(b) states that within 60 days of its occurrence, the City Council must fill the vacancy by appointment or call for a special election. The sixty-day deadline is May 4, 2015. On March 24, 2015, the City Council chose to fill the vacancy through the appointment process. The vacancy was publicly advertised and 24 applications were received by the April 10, 2015 deadline. On April 20, 2015, the City Council held a special meeting to receive applicant presentations, conduct interviews, deliberate and select an applicant to fill the vacancy. Five applicants withdrew prior to the April 20, 2015 meeting, one applicant was ineligible, and one applicant did not attend. From the remaining 17 applicants, the City Council selected Michael R. McCracken to fill the vacancy on the City Council and directed staff to bring the formal appointment forward to the City Council for approval at the April 28, 2015 regularly scheduled meeting. FISCAL IMPACT: item. There is no fiscal impact associated with the consideration of this ATTACHMENTS: Resolution RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING MICHAEL R. MCCRACKEN AS CITY COUNCIL MEMBER TO FILL THE VACANCY ON THE CITY COUNCIL FOR THE UNEXPIRED TERM ENDING DECEMBER 13, 2016 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On March 5, 2015, former City Council Member Chuck Washington officially resigned as a City Council Member due to his appointment to the Riverside County Board of Supervisors. Section 2. Government Code Section 36512(b) states that within 60 days of its occurrence, the City Council must fill the vacancy by appointment or call for a special election. The sixty-day deadline is May 4, 2015. Section 3. At the March 24, 2015 regularly scheduled meeting, the City Council chose to fill the vacancy through a publicly advertised appointment process. Section 4. The City Council held a special meeting to receive applicant presentations, conduct interviews, deliberate and select an applicant to fill the vacancy on April 20, 2015. Section 5. At the April 20, 2015 special City Council meeting, the City Council selected Michael R. McCracken to fill the vacancy on the City Council and directed staff to bring the formal appointment forward to the City Council for approval at the April 28, 2015 regularly scheduled meeting. Section 6. Pursuant to the authority of Government Code Section 36512(b) the City Council hereby appoints Michael R. McCracken to fill the vacancy on the City Council for the unexpired term ending December 13, 2016. Section 7. The City Clerk shall certify the adoption of this resolution. Resos 15- 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of April, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of April, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, City Clerk Resos 15- 2 DEPARTMENT REPORTS Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: April 28, 2015 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for the month of March 2015. CURRENT PLANNING ACTIVITIES New Cases: In March 2015, Planning received 23 new applications and conducted one public hearing. A detailed account of current planning activities is attached to this report. Audi Dealership: On February 18, 2015, staff received a pre- application for a 37,000 square foot Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing Mercedes-Benz of Temecula dealership. A community meeting was held with the Harveston community on March 25, 2015 to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting and were all positive about the addition of the Audi dealership to the community. Staff anticipates receiving a Development Plan application in April 2015. A Supplemental EIR will be prepared for the project and is anticipated to go out to the public in July 2015. A public hearing before the Planning Commission is anticipated in October 2015. (FISK) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. Staff released a Request for Proposal (RFP) for an Environmental Impact Report (EIR) in May and entered into an agreement with Environmental Science Associates in July. An EIR Scoping Meeting was held on December 3`d. Staff issued an RFP fora fiscal impact analysis for the proposed development in March 2015, and will enter into an agreement with the selected consultant in April. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase 1 hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase 11 would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans. A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July 2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to the hospital site. Staff has provided information regarding this new building to ESA for analysis in the SEIR, and the 45 -day public review was from November 12, 2014 through December 29, 2014. The project has been scheduled for the April 15, 2015 Planning Commission hearing and staff anticipates scheduling the project for a public hearing before the City Council in May 2015. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." Two hundred and ninety five (295) residential permits have been issued to date. (PETERS) Roripaugh Ranch Development Agreement Amendment: In March 2014, Roripaugh Valley Restoration (RVR) applied for an amendment to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for "pan" area the Specific Plan. Staff has been working with RVR to refine the deal points of the Development Agreement Amendment (DAA). RVR has been working with the second owner in the "pan" area of the Specific Plan, Wingsweep, to come to agreement on improvement cost sharing, and those negotiations are ongoing. RVR and Wingsweep previously agreed to meeting with an arbitrator to assist in resolving their differences; however Wingsweep later elected to continue discussions with RVR. It is possible RVR and Wingsweep could conclude their discussions in June 2015, the applicant could present their proposed DAA changes to the Nicholas Valley community in July, the DAA could be brought before the Planning Commission in August and before the City Council in September 2015. LONG RANGE PLANNING Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. A community workshop was held on October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.org. A Steering Committee meeting was held on February 25, 2014 at the Merc Theater, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that included Phase II ofthe MasterPlan Update and additional sidewalk analysis. Phase concluded with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. Phase 11 is under way. A public workshop is planned for Summer 2015. Staff will also participate in two national events this spring to spotlight cycling — National Bike to Work Day and National Trails Day. (PETERS) Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. Staff has held eight Ad Hoc Subcommittee Meetings to develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process: 1) strengthen economic development, 2) expand the mix of uses, 3) define districts and neighborhoods, 4) improve transportation, mobility, connectivity and circulation, 5) integrate recreation, open space and trails, 6) create updated and flexible development standards, 7) build and maintain a comprehensive utility infrastructure network and 8) establish a district identity. On June 13, 2013, staff held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) serve on the Committee. Staff presented form -based code principles and drafts of the district map, land use matrix, street cross sections, streetscape beatification plan, circulation network, future block standards, urban parking standards, design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 20 -year build out scenario. The project website, www.envisionjefferson.org, continues to provide project information and updates to the public. Staff is drafting the Specific Plan based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. An Environmental Impact Report (EIR) is being prepared simultaneously with the Specific Plan. The Jefferson Subcommittee met on for March 3, 2015 to discuss policy issues related to the Plan and directed staff to complete the draft Specific Plan as proposed and to develop an In -Lieu Fee for new streets proposed within the Specific Plan area. The draft Specific Plan is anticipated to be available for the public in early May 2015. The Specific Plan completion and certification of the EIR is anticipated in mid -2015. (WEST, WATSON) Uptown Jefferson Specific Plan Program Environmental Impact Report (EIR): Environmental Science Associates (ESA) is preparing a Program EIR for the Uptown Jefferson Specific Plan. An EIR Scoping meeting was held in June 2013, providing interested parties an opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners within the Specific Plan area were mailed notices for this meeting. The draft EIR has been circulated for public comment. The public comment period is from April 2, 2015 to May 18, 2015. Certification of the Final EIR is anticipated in mid -2015 along with the adoption of the Specific Plan. (WEST, WATSON) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement (ENA) with Truax Development (Truax) in order to negotiate the disposition and development of the two, currently Successor Agency owned, vacant lots in front of the Civic Center, flanking the Town Square Park on the north and south sides of Main Street. The term of the ENA is through April 15, 2015. Upon agreeing to terms, the City and Truax envision drafting a disposition and development agreement that will be brought back before the Council for approval. (WATSON) Recognized Obligation Payment Schedule: As part of the ongoing wind -down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete, bi- annually a Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due in the six month period being reviewed, the SARDA makes requests for from the Property Tax Trust Fund in order to make the appropriate payments. On February 24, 2015 the SARDA board approved the ROPS for the period of July 1, 2015 through December 31, 2015 (ROPS 15-16A). On February 25, 2015 the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency approved the ROPS 15-16A. On March 2, 2015 The Oversight Board resolution approving ROPS 15-16A was delivered to the California State Department of Finance, the California State Controller, and the Riverside County Auditor Controller per the requirements of the redevelopment dissolution legislation. (WATSON) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): The City received the annual CDBG allocation letter from HUD on February 18, 2015. The total Fiscal Year 2015-16 CDBG grant allocation for Temecula is $540,214. Prior to receiving the formal annual allocation letter, staff presented the draft funding priorities to the Finance Subcommittee, consisting of Councilmember Naggar, on January 27, 2015. The FY 2015-16 CDBG funding recommendations from the Finance Subcommittee, including the redirect of $160,561 of unused funds from previous fiscal years, will be noticed for a 30 -day public review period in March, and scheduled for public hearing before the City Council on April 14, 2015. The recommendations, totaling $700,775, were adjusted to reflect a $3,856 reduction in the City's actual FY 2015-16 funding allocation. The FY 2015-16 Annual Action Plan, inclusive of a Substantial Amendment to redirect the unused funds from FY 2012-13 and FY 2013- 14, will be submitted to HUD by May 15, 2015. (WEAVER) Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014- 2021 General Plan Housing Element Update on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the Ordinances for adoption in late 2015. (WEAVER) ENERGY & CONSERVATION Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining fund that utilizes rebate incentives while also re -directing annual utility cost savings from energy efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial Management, funded through the Western Riverside Energy Partnership, to develop an policy manual for the TEEM Fund, focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library with assistance from the Partnership. The audit identified 9 energy efficiency measures which could save an estimated 107,429 kWh annually, which also equates to an estimated annual cost savings to the City of $17,278. If all efficiency measures are implemented, the City would receive approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving the City higher rebate incentives for future energy efficiency measures. (WEST) Energy Action Plans (EAP): The final draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula. The Plans were funded through the Western Riverside Energy Partnership. Both EAPs establish energy reduction goals, policies, and implementation measures to achieve energy reduction goals. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. This event is an effort to promote the recycling of used and other household hazardous waste. On March 30, 2015, the City Sustainability Sub Committee (comprised of two City Council members plus one member of each of the City's Commissions) reviewed and discussed this issue. The Sub Committee discussed various issues including the possibility of CR&R providing compost to residents and City parks free of charge, the possibility of first right of refusal option for renewable compressed natural gas (RCNG) for the City's CNG fleet, the secondary or co -environmental benefits to the sub -region, consideration of a tiered rate structure for income qualified residents, and the need for a strong public education program. The Sub Committee voted 4-0 in support of the program and recommended staff bring forward the proposal to the City Council for their full consideration. The City Council will consider this issue at their April 14, 2015 City Council meeting. A Citywide Clean -Up is scheduled for Saturday, April 25, 2015 at Chaparral High School. Information about the event has been posted on the City's website, Face Book, and Channel 3 Outreach TV. (WEST) BUILDING & SAFETY Inspections: During the month of March, Building and Safety conducted 1,574 inspections. On average there were 71.54 inspections per day, or 15.89 inspections per day, per inspector. Permits: During the month of March, Building and Safety issued 305 building permits. Of these permits, 39 were single family units. Some of these permits from this month included: Non -Construction Certificate of Occupancy Goat and Vine — 41911 5th Street Ocean Pacific Integrated Health Center — 28999 Old Town Front Street The Campus (Gym) — 32815 Temecula Parkway Tenant Improvements Rady's Children Primary Care — 31170 Temecula Parkway Bistro Laurent — 41955 Old Town Front Street Uncle Bob's Sports Bar and Grill — 32483 Temecula Parkway Cancun Seafood and Mexican Grill— 31093 Temecula Parkway New Commercial Addition Gosch Rancho Ford — 26895 Ynez Road CODE ENFORCEMENT During the month of March, Code Enforcement responded to 90 web complaints. In addition, the division opened 81 code cases and forwarded 27 referrals to Public Works, Police, Animal Control, and Fire. March starts the Weed Abatement season. Five hundred one (501) parcels were identified for potential forced abatement. Cases were opened in EnerGov. Code Enforcement also pulled 500 non -conforming signs in the community and assisted 22 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: TYPE OF CODE CASE TYPE TOTAL Abandoned or Inoperable Vehicle 1 Vacant Home / Property Maintenance / Rodent infested 6 Business or Home Occupation w/o license 7 Trash and Debris / Parking lot maintenance 2 Overgrown Vegetation / Weeds / Fire Hazard 18 Green Pool / Vector Control 8 Graffiti 6 Noise 2 Trailer / RV Stored 5 Construction w/o Permit 6 Encroach Public ROW / Trash Cans 12 Other / Homeless Encampment 6 Signs Pulled - Violations 2 TOTAL NUMBER OF CASES 81 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking October November December January February March DEFAULT 2014 2014 2014 2015 2015 2015 DEFAULT 111 100 91 92 94 92 FORECLOSED 85 85 85 82 74 76 REO 82 100 112 108 108 96 TOTALS 278 285 288 282 276 264 Commercial Foreclosure Tracking October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 DEFAULT 1 1 0 0 0 0 FORECLOSED 0 0 1 1 1 1 REO 18 18 18 13 14 13 TOTALS 19 19 19 14 15 14 PLANNING ACTIVITY REPORT PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner Status PA15-0313 921-320-012 James Atkins 03/02/2015 Timothy Williamson Case Title / Description: Enterprise Rental CUP: a Minor Conditional Use Permit to allow for Enterprise Rent A Car to relocate from the in-line shop space of the existing overall site, to a freestanding building on the site adjacent to Ynez Road. The freestanding building is proposed to include an indoor fleet preparation area to bucket wash and vacuum rental vehicles. The site is located at 27648 Ynez Road. (310) 970-2799 Plan Review PA 15-0314 Case Title / Description: TLS Global Services PA15-0315 921-320-053 Brandon Rabidou 03/02/2015 03/02/2015 Thomas Spoerer II Case Title / Description: Target Minor Modification: construct pad and screen wall for emergency generator and above ground propane fuel tank Jennifer Steen (714) 705-1340 jon papke Plan Review Plan Review PA15-0316 Case Title / Description: Aloha Taxi Temecula 03/02/2015 Kealii Schreier (951) 473-7765 PA15-0318 Case Title / Description: Elite Plus Landscape 03/02/2015 (951) 216-1788 PA15-0319 921-320-052 Brandon Rabidou 03/02/2015 Case Title / Description: A Minor Modification: Installation of new Starbucks store front window & door and a new cover for the trash enclosure. PA15-0321 Case Title / Description: All -Out Ballooning PA15-0322 954-083-011 Case Title / Description: M'aidez System Administrator PA15-0326 Eric Jones 03/02/2015 03/02/2015 03/03/2015 Case Title 1 Description: Horne Product Review for Landscape Inspection Tracking Purposes (Bel Maison): A Home Product Review application for landscape review and inspection tracking purposes. Naomi Magee Stephanie Munoz Ryan Woosley (951) 813-0401 (951) 817-3555 Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review PA15-0327 Eric Jones 03/03/2015 Case Title / Description: Home Product Review for Landscape Inspection Tracking Purposes (Bel Vista): A Home Product Review application for landscape review and inspection tracking purposes. Trent Heiner Plan Review Page 1 of 7 PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner Status PA15-0329 921-500-022 Case Title 1 Description: Plata Tree Trimming Lawn Service 03/03/2015 PA 15-0332 961-410-048 James Atkins 03/03/2015 Case Title 1 Description: Cancun Grill CUP: a Conditional Use Permit to allow for Cancun Seafood & Mexican Grill to operate with a ABC Type 47 license to sell beer, wine, and distilled spirits. The restaurant space comprises 2,036 square feet. The site is located at 31093 Temecula Parkway. Elizabeth Plata Steve Rawlings Plan Review (951) 667-5152 Plan Review PA15-0334 959-080-032 03/04/2015 Scheidt Terry (951) 375-8703 Plan Review Case Title / Description: Reel Moment Productions PA15-0338 Case Title / Description: Bella Grace System Administrator 03/04/2015 Lucinda Cindy Meister (951) 551-2662 Plan Review PA 15-0339 Case Title / Description: Champ Factory System Administrator 03/04/2015 Sebastien Tortelli Plan Review PA 15-0341 954-161-017 Case Title / Description: Golden Coast Advertising 03/05/2015 Brad Wyand Plan Review PA15-0345 921-290-004 Case Title / Description: Rhett Miller 03/05/2015 Rhett Miller Plan Review PA15-0347 System Administrator 03/05/2015 03/05/2015 Jillian Fae Schnaebele Case Title 1 Description: Jillian Fae Schnaebele Chef Services PA 15-0348 959-410-002 Brandon Rabidou 03/05/2015 03/16/2015 Sandra Word Case Title / Description: Which Wich Mod: A Minor Modification (Planning Review Only) to allow for the installation of new exterior double -doors to the Which Wich Restaurant located at 32140 Temecula Parkway. Approved Lahaina Partners Approved PA15-0349 944-131-009 Case Title / Description: Biker Batch System Administrator 03/05/2015 Valerie Shannon Plan Review PA15-0351 919-501-011 Case Title / Description: InStock Health Products 03/05/2015 Rose Jacobson (951) 805-4470 Plan Review PA15-0353 920-161-055 Case Title / Description: Jazy Dazy Brandon Rabidou 03/05/2015 03/09/2015 Norma Skinner Approved Page 2 of 7 PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner Status PA15-0355 959-060-007 Jaime Cardenas 03/09/2015 03/10/2015 Edward Anderson Case Title / Description: Zoning Letter for 31150 Temecula Parkway (APN 959-060-007) (858) 605-8407 Approved PA15-0357 System Administrator 03/09/2015 Case Title / Description: Transformations with Heidi Heidi Pins PA15-0358 Case Title / Description: Bombshell Tans Brandon Rabidou 03/09/2015 03/09/2015 Chante Chalmers PA 15-0359 922-023-022 James Atkins 03/10/2015 03/31/2015 Case Title / Description: Stage Stop MOD: a Minor Modification (Planning Review Only) to allow for the Installation of a new unisex restroom to provide for ADA compliance. The site is located at 29464 Old Town Front Street. Plan Review Approved Approved PA15-0362 955-401-024 03/11/2015 Morganne Ramos Case Title 1 Description: Morganne Ramos Dog Grooming PA15-0363 960-052-017 System Administrator 03/11/2015 Jena Reid Case Title / Description: Sweat Teat Plan Review Plan Review PA15-0364 910-290-014 James Atkins 03/11/2015 Case Title / Description: Hospitality Car Wash MOD: a Minor Modification to allow for Hospitality Car Wash to extend the wash tunnel 26 feet to allow for optimum functionality of the cleaning system and to add new equipment. The site is located at 40495 Winchester Road, Temecula. Pal Toor Plan Review PA15-0365 944-332-030 Case Title / Description: KSD Consulting 03/11/2015 Tamica Camacho Plan Review PA15-0367 921-050-006 Brandon Rabidou 03/11/2015 Case Title / Description: United Motors CUP: Conditional Use Permit to allow a used car dealership for retail sales at 28733 Via Montezuma. Ahmad Youssufzay (760) 481-9072 Richard Richardson Plan Review PA15-0369 921-311-033 Case Title / Description: Jose Escobar Yerenia 03/11/2015 Jose Yerena DONALD Plan Review MANDERSCHEID PA15-0373 921-652-005 Case Title / Description: MVB Restoration 03/12/2015 Ramiro Villasenor III Plan Review Page 3 of 7 PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner Status PA 15-0374 922-044-018 Scott Cooper 03/12/2015 Case Title / Description: Third Street Smokehouse CUP: A Conditional Use Permit to allow Third Street Smokehouse, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On -Site Beer and Wine) to a Type 47 (On Sale General -Eating Place) license at 41915 Third Street. Craig Puma (951) 203-1213 Kenneth Smith Plan Review PA15-0378 921-320-054 James Atkins 03/12/2015 03/19/2015 Sabrina Jones Case Title / Description: Well Fargo MOD: a Minor Modification (Planning Review Only) to allow for Wells Fargo Bank to remove and replace the existing flat work located on the west side of the building and the ATM landing, to allow for ADA accessibility. The site is located at 27630 Ynez Road. (949) 923-6053 Approved PA15-0380 921-260-030 Eric Jones 03/13/2015 Case Title / Description: Tower Plaza Sign Program Amendment: Sign Program Amendment for the Tower Plaza Sign Program (#21) to Update the monument signs, on-site directional signs, and pylon signs. Joe Silva (909) 581-0699 Corrections PA15-0381 954-083-012 Case Title / Description: Florigami Fashions 03/13/2015 Chris Warner PA15-0383 959-112-016 Case Title / Description: Get Fit Wity Brit System Administrator 03/13/2015 Brittney Manna Plan Review Plan Review PA15-0384 961-343-013 Case Title / Description: Annie's Delectables 03/13/2015 Annie Bradley Plan Review PA15-0386 Case Title / Description: The Supply Box System Administrator 03/13/2015 Catherine Shen PA15-0389 954-303-001 Case Title / Description: Ron Moers 03/16/2015 03/16/2015 Ron Moers PA 15-0394 944-290-006 James Atkins 03/16/2015 Case Title / Description: Iglesia Ni Cristo MOD: a Minor Modification (Planning Review Only) to allow for Iglesia Ni Cristo to modify their existing landscape adjacent to Rancho California Road. The site is located at 29385 Rancho California Road. Plan Review Approved Plan Review PA15-0398 Case Title / Description: Oui Boutique LLC PA15-0400 959-381-013 Case Title / Description: Reseller Resources LLC 03/17/2015 03/17/2015 Shawna Thomas Plan Review Frank Segler (858) 504-4500 Plan Review Page 4 of 7 PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner Status PA 15-0401 916-641-063 Case Title / Description: Philip Greenwood, D C Jaime Cardenas 03/17/2015 Phillip Greenwood (951) 532-5340 Plan Review PA15-0402 910-310-011 Scott Cooper 03/17/2015 Case Title / Description: Fairfield Inn & Suites Minor CUP: A Minor Conditional Use Permit to obtain Type 20 and Type 70 liquor licenses for the Fairfield Inn & Suites located at 27416 Jefferson Ave. Kimberly Gross (928) 753-8321 Plan Review PA 15-0404 957-072-018 Case Title / Description: Chlorine Machine System Administrator 03/17/2015 Stephen Guimond (951) 693-9400 Plan Review PA 15-0408 965-031-016 System Administrator 03/18/2015 Case Title / Description: Spanish Legal Interpreting Gloria Lindemann Plan Review PA 15-0410 922-332-002 Case Title / Description: Angel Garcia 03/19/2015 ANGEL GARCIA Plan Review PA 15-0411 909-282-007 Brandon Rabidou 03/19/2015 03/25/2015 Garret Hodson Case Title / Description: A Minor Modification (Planning Review Only) for the installation of a new 80 square foot covered trash enclosure at Black Market Brewery located at 41740 Enterprise Circle. Jon Nelson Approved PA 15-0414 953-531-016 System Administrator Case Title / Description: Temecula Valley Mobile Screen 03/19/2015 03/19/2015 Curtis Bowman Approved PA15-0415 944-321-002 Case Title / Description: Banwagon 03/19/2015 Joshua Banaag Plan Review PA15-0417 953-591-011 System Administrator 03/19/2015 Susan Brookhouser Case Title / Description: Vintage Embroidery and Sports Design Plan Review PA15-0421 953-542-010 Case Title / Description: J & A Automotive PA15-0422 Case Title / Description: 219 Collectibles System Administrator 03/19/2015 Jagade Snyder MINGCHENG XU Plan Review 03/19/2015 Alvin Monzon Plan Review PA15-0425 Case Title / Description: Seeds.Consulting System Administrator 03/20/2015 Robert Seeds Plan Review Page 5 of 7 PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner PA 15-0428 960-150-012 System Administrator Case Title / Description: Spencer Watson's Historical Dance Calling 03/20/2015 Cheryl Watson PA 15-0429 909-310-074 Jaime Cardenas 03/20/2015 Case Title / Description: A Zoning Letter for the site located at 42189 Winchester Rd (APN 909310074) Mary Corr (857) 350-3519 Status Plan Review Plan Review PA15-0436 960-242-014 System Administrator 03/20/2015 Case Title / Description: Patricia Taitingfong Vintage Recherche PA15-0439 955-392-003 Case Title / Description: Crafted Buzz Patricia Taitingfong 03/23/2015 03/23/2015 Lindsey Simpson Plan Review Approved PA15-0441 960-093-025 Case Title / Description: Andersen Design Concepts 03/23/2015 03/23/2015 Brooke Andersen PA 15-0442 916-560-001 Case Title / Description: Your Social Medium PA 15-0443 953-490-019 System Administrator 03/23/2015 03/24/2015 03/24/2015 Case Title / Description: RCH Enterprises Inc / Precision Set -Up Concrete PA 15-0445 965-151-024 Case Title / Description: Precise Adjusters Julia Milano Clinton Halley DANIEL BARBA (562) 243-3078 Approved Plan Review Plan Review Plan Review PA 15-0451 955-231-009 Case Title / Description: Sandiwa Del Rosario PA 15-0453 Case Title / Description: BJJ & J Consultant Jaime Cardenas 03/25/2015 03/30/2015 Paz Christine Cecilio (951) 694-4375 03/25/2015 PA15-0455 961-451-093 Case Title / Description: Smarty Non- Emergency Medical Transport PA 15-0456 955-442-069 Case Title / Description: Grooming by Kristen Hagberg PA15-0458 959-202-056 Jaime Cardenas Case Title / Description: Dew Star Merchandising 03/26/2015 03/26/2015 03/26/2015 Grover Williams Jr Ivy Arabejo Susan Hagberg Approved Plan Review Plan Review Plan Review Plan Review Page 6 of 7 PA Number APN Assigned Planner Apply Date Approval Date Applicant Business Phone Owner Status PAI 5-0464 Matt Peters 03/27/2015 Case Title / Description: Landscape Inspection Tracking purposes only for Tract 29661-1 Pinnacle I (951) 691-5300 PA 15-0474 Matt Peters 03/31/2015 Case Title 1 Description: Landscape Inspection Tracking purposes only for Tract 29661 Verona PA 15-0475 Matt Peters 03/31/2015 Case Title / Description: Landscape Inspection Tracking purposes only for Tract 29661 Sorrento Eric Scheck Eric Scheck Plan Review Plan Review Plan Review PA 15-0476 Matt Peters 03/31/2015 Case Title / Description: Landscape Inspection Tracking purposes only for Tract 29661-3 Montego Josh Gause (951) 898-5529 Plan Review PA 15-0477 Matt Peters 03/31/2015 Case Title / Description: Landscape Inspection Tracking purposes only for Tract 29661-4 Cambridge PA15-0478 Matt Peters 03/31/2015 Case Title / Description: Landscape Inspection Tracking purposes only for Tract 36212 Aldea/Alegre Michelle McCullagh PA15-0481 966-150-001 Brandon Rabidou 03/31/2015 Case Title / Description: Schultz Garage MOD: a Minor Modification (Planning Review Only) to allow for the third car garage of an existing home to be converted into an additional bedroom. The existing garage door will be removed and replaced with materials and colors to match the existing home. The home is located at 33506 Abbey Road. Dan Bechtel Plan Review Plan Review (951) 775-5283 Stephanie Schultz Plan Review PREAPP15-0366 966-150-001 Brandon Rabidou 03/11/2015 Case Title / Description: Second Garage Conversion Into a Casita Pre -App: Pre -Application to convert an approximately 240 -square -foot second garage into a studio apartment/casita. The project is located at 33506 Abbey Road. Dan Bechtel (951) 775-5283 Cancelled PREAPP15-0377 959-030-010 Scott Cooper 03/12/2015 Case Title / Description: Ashok & Seema Khullar Residence Zone Change: A Pre -Application for to allow for a zone change to occur at 30275 Jedediah Smith Road from Very Low Residential to Commercial. Ashok Khullar (951) 775-7036 Plan Review PREAPPI 5-0395 James Atkins 03/16/2015 Case Title 1 Description: Hidden Hills Development Pre -Application: A Pre -Application to review proposed home product review for single-family homes located within the previously approved Tentative Tract Map 30434 (17 lots) (APNs: 945-090-001, 945-090-020, 945-100-005). Duy Tran (619) 889-9780 Plan Review Page 7 of 7 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: April 28, 2015 SUBJECT: Police Department Monthly Report PREPARED BY: Will Edwards, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of March 2015. PATROL SERVICES Overall calls for police service 3,004 "Priority One" calls for service 58 Average response time for "Priority One" calls 6.67 Minutes VOLUNTEERS Volunteer administration hours 169 Special Events hours 397 Community Action Patrol (CAP) hours 1002 Reserve officer hours (patrol) 134 Training hours 96 Total Volunteer hours 1481 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 13/15 Residential/Business security surveys conducted 3/5 Businesses visited 4 Residences/Businesses visited for past crime follow-up 0/4 Station Tour 13 Planning Review Projects/Temp Outdoor Use Permits 1/8 Square Footage of Graffiti Removed 3,603 OLD TOWN STOREFRONT Total customers served 305 Sets of fingerprints taken 64 Police reports filed 24 Citations signed off 47 Car Seat Inspections 0 Total receipts $2,509.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 9 On sight misdemeanor arrests 12 Felony arrest warrants served 6 Misdemeanor arrest warrants served 8 Follow-up investigations 20 Parole/Probation Searches 2/43 Pedestrian Checks 107 Traffic Stops/Vehicle Checks 144 Crime Free Housing Checks 59 TRAFFIC Citations issued for hazardous violations 1228 Grant funded D.U.I. /Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 20 Non -hazardous citations 394 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 156 Neighborhood Enforcement Team (N.E.T.) citations 116 Parking citations 78 School Zone 59 Seatbelts 25 Cell Phone Cites 71 Injury collisions 35 INVESTIGATIONS Beginning Caseload 204 Total Cases Assigned 61 Total Cases Closed 50 Search Warrants Served 10 Arrests 11 PROMENADE MALL TEAM Calls for service 547 Felony arrest/filings 2 Misdemeanor arrest/filings 29 Traffic Citations 1 Fingerprints/Livescans 206 Total receipts $8,181.00 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 4 Reports 15 Youth counseled 142 Meetings 67 Item No. 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: April 28, 2015 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. City fTimecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT APRIL 28. 2015 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Interstate -15 / State Route 79 South Ultimate Interchange, PW04-08 Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South $50,778,033 • Final Design Plans to be complete Spring 2015 Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road), PW10-12 $729,000 • Construction planned to begin in May 2015. Contractor awaiting issuance of Encroachment Permit from Caltrans INFRASTRUCTURE PROJECTS: Citywide Storm Drain Improvements — Old Town Front Street, PW12-19 Replacement of the cross gutter in Old Town Front Street $292,400 • In the process of acquiring Metropolitan Water District easement Fire Station 73 Living Quarters Upgrade, PW13-07 Improvements to living and sleeping quarters to accommodate staff $1,637,000 • Under construction • Project completion expected in December 2015 Theater Remediation, PW12-04 Addresses design and construction deficiencies $2,400,000 • Under construction • Project completion expected by September 2015. YMCA Repair and Remediation, PW12-10 Repair and remediate the YMCA building and correct building deficiencies $1,537,500 • Bid advertising planned for April/May 2015 • Construction to begin Summer of 2015 Citywide Concrete Repairs, PW14-07 Annual Citywide concrete repairs to various facilities maintained by the City $412,786 • Under construction • Project completion expected May 2015 City fTimecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT APRIL 28. 2015 PARKS & RECREATION PROJECTS: Sam Hicks Monument Park Playground Enhancement, PW12-20 Design and construct a new innovative play area to replace the existing equipment $521,550 • Contract award scheduled April 28, 2015 TCSD Board Meeting City fTimecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT APRIL 28. 2015 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED / CURRENT MILESTONES MAINTENANCE PROJECTS Playground Equipment Enhancement and Safety Surfacing Pala Community Park and Nicolas Road Park Play Equipment and Safety Surfacing Replacement Replace three play structures and associated safety surfacing $275,000 • Estimated start date is May 2015 • Estimated completion date is July 2015 City Facilities Rehabilitation — Pennypickle's Workshop Temecula Children's Museum HVAC Equipment Replacement Remove four aging HVAC Units and replace with four new more energy efficient units, and install a web -based energy management system $52,000 • Start Date March 2015 • Estimated completion date is April 2015 City Facilities Rehabilitation — Community Recreation Center Parking Lot Rehabilitation Remove and replace damaged asphalt, fill cracked areas, seal and restripe entire parking lot $62,000 • Start Date April 2015 • Estimated completion date is April 2015 City Facilities Rehabilitation — TVE2 Roof Restoration Complete restoration of the existing built up roof including apply elastomeric roof coating system to entire roof area $88,500 • Started March 2015 • Estimated completion date is April 2015 Parks Improvement Program — Patricia H Birdsall Sports Park Shade Structure and Railing Restoration Preparation and repainting of the steel and wood shade structures and steel hand rails throughout the park site $26,700 • Anticipated Start May 2015 • Estimated completion date is June 2015 City fTimecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT APRIL 28. 2015 Parks Improvement Program — Ronald Reagan Sports Park North/South Field Safety Netting System Restoration Preparation and repainting of the North/South baseball fields safety netting/light poles (50' to 90' high steel poles) $15,400 • Start Date March 2015 • Completion date April 2015 City fTimecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT APRIL 28. 2015 PROJECT NAME BRIEF DESCRIPTION ESTIMATED/CURRENT MILESTONES LAND DEVELOPMENT PROJECTS EMWD (Utility Project) Old Town Sewer Project located at Old Town Front Street and Moreno Road to First Street • The first successful segment of sewer pipe installation for the project has been completed between the U -Haul site and First Street. • Pipe installation is currently underway between Fourth and Fifth Streets. • Jack & bore pipe installation work between Fourth and Third Streets scheduled to begin the week of April 13. Walcott Estates Walcott Lane • Work includes the installation of a water main on Walcott Lane at the Wsaga intersection. Standard Pacific Terracina — Housing development in County • Exporting of material from this County project site via City streets is anticipated. During this operation, traffic control on Redhawk Parkway will be provided. REQUESTS TO SPEAK I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: 11/471 5 / / S l/ Public Comment CITY COUNCIL / CSD / SARDA ITHA / TPFA (Circle One) C 11-C ( Q-tJ , (/ it 1(_e S Subject: Agenda Item No. For Against C Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: JC(J ti of ' (t.i j Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: q! ZU ! J Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: --/1G/4/ 1W,,,� 6gTz'Lve CS L/5 n'! c5l-)1 Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: -0inrny 90i2c ` r Address: /jr>72c6ec Phone Number: If you are representing an organization or group, please give the name: Cf5 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) /4 1i OA) (,//A- ()0s ,)/ COS Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name forthe record. i'V/% Name: (C� 6Cec��dl / Address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: NIAgenda Item No. ( For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: (1 6{,z__0 1!v 1 Address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: l zG' I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: Agenda Item No. 1 ( For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: W A`(/V RA YAL- � Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: //- 2 fir- /5 Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: Agenda Item No. % For Against 1)7\ Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your?name for the record. 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Name: Address: ) ' Phone Number: If you are representing an organization or group, please give the name: - Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: //' IS Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: tiu- iY\. 0Yi 7171n14. Agenda Item No. / For Against f t tndskcur - • pla-v- Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium a state your name fpr the record. Name: Address: If you are representing an organization or group, plea a give the name: PVMdQJttL (40197?LQ. Phone Number: Please note that al! information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: /L Agenda Item No. ! q For Against REQUEST TO SPEAK CITY OF TEMECULA Date: /"- r) Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state yo r name fortherecord. Name: (��{ (/da/ Address: / Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. DOCUMENTS SUBMITTED FOR THE RECORD April 13, 2015 As a concerned citizen trying to park on Via Dos Picos for conducting business at the Temecula DMV I have noted the inability to find on street parking. In talking with local businesses I have found that most of the on street parking has been taken up by a few businesses with customer vehicles waiting to be worked on. The problem is the vehicles have been parked on the street for days not hours which reduces parking for local businesses including to but not limited to DMV customers. Signing this petition is agreeing to reducing parking to "NO PARKING BETWEEN THE HOURS OF 6:PM to 6 I a " It is hoping by restricting the overnight parking a minimum of local businesses will not be affected and -y will have daytime parking for their patrons in addition to the rivate parking on this street FF:1009.50 PROPOSED ELESTLK EIL WEB GUTTER EX PA EX CUR8 01T1ER EX. PAVEMENT Er.STIRG FIRE To REwol PROPOSED SODOM 7 // SECTION A -A NTS PROPOSED N & RB GUTTER PROPOSED PANNI SECTION B -B NTS //'/ 1.7 EAS. En .15. TR I»,ea �taw 7 • AW „__..--yv 'H6. 1.824198 tr nellt>ATOR NT Pas, NroCVALVE JEFFERSON AVENUE 8861.668 �mm11Veal rs ,81 7 VICINITY MAP N ewO OFR TA MI -n 4y9No MAE ,NDRANT TORS/AM Hupsetua agE BUILDING AREA: CARWASH (TUNNEL): 3.040 S.F. CARWASH (OFFICE) 98.6 S.F. CARWASH (LOUNGE) : 101.6 S.F. CARWASH (RESTROOM) : 108 S.F. CARWASH (STOR.JEOOPU : 1296.4 0.1 TOTAL CAR WASH AREA: 4,W -e 8.8. TRASH ENCLOSURE: 169 1.0 HEIGHTS: CAR WASH: 49'-11" TRASH ENCLOSURE: 9-9" CONSTRUCTION TYPE: CAR WASH: RASH ENCL05URE: TYPE 3ED OCCUPANCY: CAR WASH: 91 TRASH EN010508E: 51 E) LOi SITE: GROSS: 72. 6.1851.1. 1.0 A67 ACRE] AREA CALCULATION: BUILDING AREA: 4,013.6 S.F. 11% LANDSCAPE AREA: 11.269.7 S.F. 26% IMPERVIOUS AREA' 27814.1 S.F. 63% TOTAL SITE AREA: 43,897.4 S.F. 100% FAR: 0.106 EXISTING LAND USE VACANT PROPOS ED LAND USE: CARWASH EXISTING ZONE: COMMUNITY COMMERCIAL (CC] NUMBER OF 51091ES: ONE THOMAS BROS. PAGE:929 GRID: B1 PARKING PRO910E1)-. 18 VACUUM SPACES NCLUOMG I ADA SPACE 4 51ANDARO SPACES (PER PLANNING COMMENTS: 0.806856169850 SHALL BE 2.5 X 4 VEHICLES IN RIE CARWASH TUNNEL ATONE TIME .1 2314 = 10 PARKING SPACES REQUIRED 10 PARKING SPACES REQUIRED St PAINING RACES PROVIDE] PARKING AREA: 4.605 5.F. (INCLUDED IN IMPERVIOUS AREA1 UTILITIES: WATER: RANCHO CAUFORNIA WATER GAS: SOUTHERN CALIFORNIA GAS COMPANY SEWER: EASTERN MUNICIPAL WATER DISTRICT ELECTRIC: SOUTHERN CALIFORNIA EDISON PHONE: VER100N TRASH: CR&R CITY BOUNDARY: CRY OF TEMECULA 0100 SPHERE: TEMECULA ANNEXATION DATE: JUL. 12. 2007 PROPOSALS: NOT APPLICABLE WATERSHED: SANTA MARGARITA SCHOOL DISTRICT: TEMECULA VALLEY UNIFIED COUNTY SERVICE AREA: 15(0 111(0TIALLY HT NG ANDIFLOOO CONRO�ULA111C LEGAL DESCRIPTION LEGAL DESCRIPTION PER CHICAGO TITLE COMPANY PRELIMINARY REPORT 7101416267 -DD. DATED OCTOBER 21. 2014 REAL PROPERTY IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: LOT 9 OF TRACI 140. 3751. IN THE CITY OF TEMECULA. COUNTY OFBOOK59.8SGS 8PTHHRR000H 40, INCLURNIA. AS SIVE OF MAPS.WN BY MAP ON FA E IN IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PROJECT OWNER / APPLICANT BUI KNAL DBA. BUZ'S 3 MINUTE CAR WASH 11560 BELLAGIO ROAD LOS ANGELES. CA 90349 PHONE 13101 569-4466 EMAIL:W LKNYA 1995GMAIL.COM ARCHITECT / APPLICANTS REP. EMPIRE DESIGN ROUP. INC. PHYPHYS�WASHAL �TON AVE. MUPO RRIETA. 94A. MURRIETA, CA 92562 MURRIETA. Cd 92564 PHONE: 19511696-1490 FAX: (9511 696.1443 CELL PHONE: (951 ] 8094601 E-MAIL: Ohom* ern0Keg. bt CONTACT: GREGORY HANN' ARCHITECT ARCHITECTUAL SITE PLAN °111.2"1-8-11D 20 4. PROJECT TEAM ARCHITECT LANDSCAPE ARCHITECT ALHAMBRA GROUP LANDSCAPE ARCHITECT PHONE: 1951) 296-6802 E-MAIL. Vlnce8d1Ornbr0goupnel CONTACT: VINCE DID014ATO EMPIRE DESIGN GROUP. INC. PO BOX 944 MURRIETA, CA 92564 PHONE: (951) 696-1490 FAX:1951) 696-1443 CELL PHONE: (951) 809-7601 E-MAIL: ghpneernplreq.b8t CONTACT: GREGORY HANN CIVIL ENGINEER SAXON ENGINEERING 2605 TEMPLE HEIGHTS DRIVE. SURE A PHONE: (9491 366-2180 FAX: 18001653-4193 EMAIL: k1158199 0encr.c00 CONTACT_ K'JPT SA YON DRAWING INDEX A5 I SITE PLAN - INDEX AS 1.1 SITE PLAN - COLOR LANDSCAPE REFERENCE 5P 1 SITE PHOTOMETRIC PLAN 1.-1 PREOMINARY PLANTING PLAN SM 1 PRECISE GRADING PIAN COVER SHEET SW 2 PRECISE GRADING PLAN 5171 3 HYDROLOGY MAP A-1.0 CARWASH FLOOR PLAN A-2.0 EXTERIOR ELEVATIONS A-2.1 EXTERIOR ELEVATIONS 24061 /..1).4141 Ar.. 911ri4t., 04111. 12502 14 01;-1416 h 99-11-140 ro 4o -Po end ley* Owen on thew ola$44 loonning am an*. en no* AA. ongarty oonnine pm* to no nnol IA co* AA Ws rood Hnlrot a* end M .-t *we 04 ..4.4 Is sly press -M mey -+ es reomee a o. ,w.4 *est Ye -Pen F-rn1-414" -r .741sets roma BUZ KNYAL al 44c666R-u GREGORY S. HANN, A AVE.24861 WASHINGTON A YURRIETA CA 92562 TEL. 951-696-1490 CEL: 951-809-7601 FAX: 951-696-1443 E-MAIL yhennMm9kest i7 a4 NN43e01 a 9014 ended 1•A1or. EDGi 04254 Na PATO 95989 009P119 9589X1➢ 99 W OMIT OI 91484 99 AN DRAXII5 11 ARCHITECTURAL SITE PLAN A_ 1 lb , i ; . ,..:4 Ir 11 loll I i 1 (� .1r1" '; 1111IIII IIIIIItIII111111IIIIII,I1111111111III hI_;) "< .. �• I "i'I1i'i""It"111111i'11MIIIi'i'uu" t�f� 111 J 110111111IIIIIIIIIIIIIIIIII111111111U P_ DIII:�IIIIIIIII111111IIIIt1111UIIII11111�:II __ �; `IIIIIUIIIIIIII 1. .:IIIIIIIIIIIi�.h • ••• ••• ...., , ..- • „:0%,...4:t7 ., .• It .' 17.. 4.10r . P*. , 4 kri4 • ' 4 ••,...., r vm • •• .••••••••1 •••••,•••••• •:, 00,, If 4 1 el. • . ••••11. S . ••• ••••••. •••• I ••••• •••• . • ' • '' • 4 PK i4 7,' '7:: .'IrAr 0. ,-41(0:: • • Mk. Zo.;.''rgre'. .. INIAVir.r71;.• • ' . 441911% .1 '. • 4 (FRONT) EXTERIOR ELEVATION SCALE: 3/16"=1'-0' h DIRECT APPUED FINISH SYSTEM. SMOOTH TROWEL 3 PART 7/r STUCCO (PORTLAND STUCCCO -02 DIRECT APPLIED FINISH SYSTEM - SMOOTH TROWEL 13 PART 718" STUCCO (PORTLAND ECM MILLENIUM 300 PAINT SYSTEM 29 GAUGE PREMIUM PANEL PAINTED GALVALUME C-06 VALORI PRECAST COLOR BLANCO BEDROSIANS TILE VENEER, 4` WIDE VERT. ECRU. BLEU BACK EXTERIOR ELEVATION SCALE; 3/16'.1'-O' OROUPINC 24M1 wo.N9lplon Are. M3.I &S CA 92562 Tel 951.696-1190 Fax 951.696.104 A5M.66n44.11.4544.*.5 4�d�•p MJBi N.s�a deems, gawp odor 914•PAYdea164e•• 4.964 6.4.466 6.6 44 aro. pram 69,nd a4641419.4114 or, putpam may 96w.6191I1u a,mmaw1 .m Ee.m,...1.m•ed+w All •p•. M.rv.4a amrc BUZ KNYAL DBA Bus's 3 Minute Car Wash 11560 Bellagio Rd. Los Angeles, CA 90049 Buz's 3 Minute Car Wash 28111 Jefferson Avenue ARCHm.CT OF REC(R15. GREGORY 5. MANN. A5A Mal WASHR4O.T061 A VE HURPIETA. CA 9150: TEL 9516961/90 CEL 951659.7101 FAX 951699140 EMAIL g..nm1•mFircge. N: nA n. • ERnmM TROY, MAME EDGB 06254 DATE 60936 YN Ul9;R11TION IRSK;NED BY: Gil CHECKFN BT: GH DRAWN BY: 15 DRAw154. ETRE_ EXTERIOR ELEVATION ar Gwyn Flores From: John Reaves <john@lawreaves.com> •Sent: Thursday, April 23, 2015 3:41 PM To: Maryann Edwards; Mike Naggar; Matt Rahn; Armando Villa; Council Assistant; Dale West; Greg Butler; Eric Jones; Jeff Comerchero Cc: John Reaves; Janis Arendsen; Scott Caldwell; Ellen Berkowitz; Aaron Adams; GHann@empiregr.biz; wlknyal99@gmail.com; Lisa Kolieb; Lina Ericsson Subject: From John Reaves (for Agricare) re: Objections to Proposed Uptown Jefferson Specific Plan Moratorium Attachments: Temecula City Council Members 4-23-15.pdf; Use list.pdf Dear Mayor Comerchero and Council Members, I represent Agricare Properties, LLC, owner of vacant property located on Jefferson Avenue (at Del Rio Road) that is presently in escrow with a buyer who is seeking to build a car wash. Attached is my letter concerning our objections to the proposed moratorium for the Uptown Jefferson Specific Plan, which we understand you will consider at your next Council hearing on April 28, 2015, at 7:00 p.m. I and my client will be present at the hearing and would like to make some comments at that time and respond to any questions you may have. Please consider the attached letter and the images and pdf below as part of our submission for consideration at the hearing. Thank you very much. John Reaves Attorney and Credentialed Mediator Law Offices of JOHN H. REAVES 10A Professional Corporation 2488 Historic Decatur Rd., Ste. 200 San Diego, CA 92106 Telephone (619) 525-0035 Fax (619) 525-0077 john@lawreaves.com www.lawreaves.com This e-mail may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance, or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. • 1 • 2 • • LAW OFFICES OF JOHN H. REAVES A PROFESSIONAL CORPORATION 2488 HISTORIC DECATUR ROAD, SUITE 200 SAN DIEGO, CALIFORNIA Telephone (619) 525-0035 Facsimile (619) 525-0077 lawreaves.com April 23, 2015 By e-mail to: Mayor Jeff Comerchero Council Member Maryann Edwards Council Member Michael Naggar Council Member Matt Rahn City of Temecula Civic Center 41000 Main Street Temecula, CA 92590 Re: 28111 Jefferson Avenue, Temecula, CA • Agricare/Knyal property sale • Uptown Jefferson Specific Plan • Objection to Moratorium and Request to Allow Intended use as Car Wash To the Honorable Mayor and City Council Members, I represent Agricare Properties, LLC ("Agricare"), the owner of the property located at 28111 Jefferson Avenue, Temecula ("Property") at the intersection with Del Rio Road. I write out of concern that you may impose a moratorium on development on the Jefferson Street Corridor ("Corridor") that would kill a beautiful project proposed by a prospective buyer of the Property. For as long as one can remember, the Property has been burdened with contamination from a former gas station that has finally been remedied. Agricare is now ready to put its Property back to productive use. It requests the city not apply a moratorium to the Property and to approve its use as a car wash by the prospective buyer of the Property. Various tenants used the Property as a gas station until abandoned in about 2001. By that time, the two former tenants who could be located lacked the financial ability to respond further to a leaking underground storage tank problem (first discovered in 1994) and a Regional Water Quality Control Board ("RWQCB") Cleanup & Abatement Order. (Referred to as the "Delta Discount Gas" site in the Draft EIR for the Uptown Jefferson Specific Plan ("Draft EIR"), page 3.7-4, and described as an ongoing case.) In 2001, the Property was owned by several parties or their heirs that may be recognized by City Council Members, including the McMillans and Caldwells (Jack Caldwell was involved in early development of Temecula and Rancho California Water District). The Temecula Mayor and City Council Members April 23, 2015 Page 2 Caldwells acquired full interests and transferred the Property to Agricare in 2002, and three Caldwell siblings own Agricare. Although the gasoline losses were due entirely to tenants' activities, as soon as it became apparent the tenants were incapable of addressing the problem, the McMillans and Caldwells, and later Agricare, took responsibility and did so. They paid nearly $1.5 million to assess and remediate the gasoline leaks at the Property between 2001 and 2014. During those 14 years, the Property was locked up and in limbo. A chain-link fence surrounded a few unsightly structures from the former gas station. All the remedial activities finally came to a welcome conclusion when the RWQCB issued a "closure" letter for the Property in 2014. That meant no further remediation of the residual contaminants would be required for a similar land use, but the RWQCB always warns that additional remediation might be required for other types of uses. When Agricare finally became free in 2014, it set out to do what it had wanted to do for over a decade — sell the property. Agricare understood that not any buyer would have the interest or fortitude to acquire a property with residual contamination. There can be concern about volatilization of gasoline vapors from the soil into closed interior spaces such as a residence or office. Some intended uses, however, are particularly well suited for properties with residual contamination. A car wash is ideally matched. As fate would have it, Buz Knyal, who is in the car wash business, made an offer to buy the Property. The Property has been in escrow since December 2014. Mr. Knyal's offer is conditioned on getting governmental approval for a car wash. The current zoning allows for a gas station with car wash as a matter of right. When Mr. Knyal consulted with the city, however, he was told that just a car wash needs a discretionary Conditional Use permit ("CUP"). After Agricare's experience with gas stations, a car wash on its own might well be the preferred use. The city's direction to get a CUP does not seem right, but, nonetheless, Mr. Knyal submitted an application for a CUP on April 8, 2015. After that, and perhaps because of that, we learned the city is considering imposing a moratorium on any building permit until after the Uptown Jefferson Specific Plan ("Specific Plan") is approved. There does not appear to be a final Specific Plan yet available for public review. Agricare is supportive generally of the goals expressed in the last draft Specific Plan as reflected in the Draft EIR to enhance the appeal of the Corridor. Even if approved, substantial investment over time will be needed to achieve a more livable and vibrant Corridor. The overarching goal of the Specific Plan appears to be to encourage a substantial new residential and commercial community on the west side. The Corridor already has a large number of hotels on the east side. The draft Specific Plan has a "List of Uses" ("List") with 35 development categories that • would be 1) permissible by right, 2) impermissible, or 3) require a CUP for seven • • Temecula Mayor and City Council Members April 23, 2015 Page 3 different sections of the Corridor. A pdf of the List is attached to the e-mail cover letter. The List is too narrow in that it does not include, or try to include, all imaginable and compatible uses that might enhance the Corridor. Realistically, the List should be viewed as a tentative list of general development categories as opposed to a complete and exclusive list set in concrete. The List makes no mention of car washes. The List shows automotive -related businesses are welcome in some sections, but not the Creekside village ("CV") section in which the Property is located. The Draft EIR discusses residential and mixed-use for that area, but it acknowledges that "Typical uses in the Project area include ... automobile -oriented uses." Only one other car wash exists today in the Corridor (at Jefferson and Winchester). The Corridor would benefit by another car wash at the southerly point, and there is nothing about the CV section that would make a car wash incompatible there. I am pleased to say the architectural drawings for this car wash are remarkably beautiful and in tune with the theme of Old Town Temecula. Two color images are included in the e-mail cover letter. The Council should consider whether the List is too specific and narrow and also consider accelerating, not slowing or stopping, existing proposals that unofficially launch the goals of the emerging Specific Plan. The need for a car wash exists today and will increase as more people live and travel through the Corridor. It adds beauty near the southerly entry to the Corridor. The project should be encouraged and allowed at this time. Please do not impose a blanket moratorium on development in the Corridor. It is not necessary. Moreover, Agricare was already handcuffed for 14 years as it tackled the contamination problem. Agricare does not deserve to be handcuffed again with a moratorium and to lose a sale that is in escrow simply because of its prospective buyer's car wash proposal. With or without the Specific Plan, this particular car wash is needed in the area. The proposed structure is beautiful and consistent with the feeling of Old Town and advances the goals of the emerging Specific Plan, which may help attract further investment in the area. Given the residual contamination on the Property, the car wash is one of the few uses that is compatible with the current conditions on the Property. If a moratorium is adopted, Agricare requests that its Property be excepted. In conclusion, the car wash design makes a perfect statement as you enter the Corridor and can be instrumental in jump-starting the type of development envisioned in the Specific Plan. Please allow it to proceed without undue burden or delay. Either do not impose a moratorium or create an exception for the Property. Agricare also requests that the Council direct its Planning Department to allow the car wash to proceed without the need for a CUP. Sincerely, • • • Temecula Mayor and City Council Members April 23, 2015 Page 4 JOHN H. REAVES, A.P.C. John H. Reaves, Esq. Attachments in e-mail: (pdfs of List of Uses and architectural drawing of car wash) • • • List of Uses UC US Adult Entertainment Business - - Alcoholic Beverages Sales C C C C C C Art Studio (with or without a gallery) P P P P P P Auditorium. community assembly space, conference facility P P P - P Automotive Service Stations/Gas Stations w/ cony. store C C C - Automobile oil change/lube services (no major repairs) C - C C Bar, Cocktail Lounge. Night Club, Live Entertainment C C C C - C C (indoor only) Bed and Breakfast P P P P P P P Business open between 2 a.m. and 6 a.m. C C C C - C C Community Care Facility (6 or fewer) - - C P P Community Care Facility (7 to 14) - - C C C - Day Care/Preschool P P P P C C P Educational Institution/Trade School P P P P C P Farmer's Market C C C C C C Grocery Store P P P P - P P Health, fitness, dance, martial arts studio P P P P - C P Home Occupations P P P P P P P Hospital P P P - - - Hotel P P P P - - P Light Manufacturing C - C P - - - Office (administrative/professional/medical/government) P P P P - P P Performing Arts Venue, Theatre, Cinema, Museum P P P P - P P Personal Services P P P P - P P Private Smoking Lounge C C C C - - C Residential -Attached P P P P P P P Residential -ground floor P - P P P P - Residential-Live/Work P P P P P P P Residential -as part of a mixed-use project P P P P P P Restaurant with or without the sale of beer and wine P P P P P P Restaurant with the sale of distilled spirits C C C C - C C Religious Institutions C C C C C C C Retail P P P P - P P Sports and Recreation Facility (indoor) C C P C - C C Wine Tasting Facility (Type 02 ABC license only) P P P P - P Wine and Micro Brewery Tasting Facility C C C C - C 1 WH-RO 1 gt GRESHAM SAVAGE Ellen.Berkowitz@GreshamSavage.com • Los Angeles • ATTORNEYS Ar L A O. (213) 213-7249 fax (213) 213-7391 0»O April 22, 2015 VIA FEDERAL EXPRESS & E-MAIL Mayor Jeff Comerchero Council Member Maryann Edwards Council Member Michael Naggar Council Member Matt Rahn City of Temecula Civic Center 41000 Main Street Temecula, California 92590 Re: Uptown Jefferson Avenue Specific Plan — 28111 Jefferson Avenue To Honorable Mayor and City Council Members: This firm represents Wayne (Buz) Knyal, who formally submitted an application earlier this month for a Conditional Use Permit and Development Permit to redevelop the currently vacant property located at 28111 Jefferson Avenue (the "Site") into a state -of -the art automated express car wash (the "Project"). We understand that the Site, which was used for decades as a gas station but has been vacant for years, is located within the proposed Uptown Jefferson Avenue Specific Plan (the "Proposed Specific Plan") area. We were recently informed that the City Council is considering imposing a moratorium on project approvals within the Proposed Specific Plan area until such time as the Proposed Specific Plan is adopted, which is anticipated to occur later this summer. For the reasons outlined below, we request that the City exempt the Project from the moratorium so that it can continue to proceed through the review process under the City's current development standards. A. The Project's Design is Consistent with the Proposed Specific Plan. The Project has gone through an extensive review process with City staff. As part of the application process, we met with representatives of the Community Development Department on October 23, 2014, submitted for pre -application review on December SAN BERNARDINO 550 East Hospitality Lane, Suite 300 • San Bernardino. California 92408 RIVERSIDE 3750 University Avenue. Suite 250 • Riverside. California 92501 SAN DIEGO 550 West C Street, Suite 1810 • San Diego. California 92101 LOS ANGELES 333 South Hope Street. 35ie Floor • Los Angeles, California 90071 GreshamSavage.com K-137-000 -- 1588298.2 • To Honorable Mayor and City Council Members Re: Uptown Jefferson Avenue Specific Plan — 28111 Jefferson Avenue April 22, 2015 Page 2 23, 2014, and had a formal pre -application meeting on January 29, 2015. At those meetings, as well as in numerous phone calls, City staff indicated that because the Proposed Specific Plan was still in draft form and had not yet been adopted, the Project would be reviewed based upon the current Community Commercial zoning standards and that it could be approved pursuant to a Conditional Use Permit. Based upon those communications, our client decided to move forward with the Project and has expended significant financial resources studying the Site and designing the Project. We submitted the formal application for a Conditional Use Permit and Development Plan approval on April 8, 2015. Although no draft of the Proposed Specific Plan has been made publicly available, the Envision Jefferson Avenue website contains links to Steering Committee and Visioning Workshop presentations and notes. Based on the documents available on the website, we understand that car washes are not intended to be listed as a permitted use in the Proposed Specific Plan. Nevertheless, the Project has been designed to be compatible with what we understand are the long-term goals and vision contemplated under the Proposed Specific Plan, which is to redevelop the Jefferson Avenue area into a mixed- use, pedestrian friendly district. Accordingly, as part of the Project design process, our client consulted with M.I.G. (the City's Specific Plan consultant) to ensure that the Project would be designed in a way that would be consistent with these design goals and would improve the pedestrian experience in the area by adding sidewalks, landscaping and street trees. B. The Project Will Provide Numerous Benefits to the City in General and to the Specific Plan Area in Particular. The Project provides numerous benefits to the City. The state -of -the art express car wash will provide a desirable community -serving use to residents and visitors. In addition, the Project will bring investment to an underdeveloped area of the City and to a Site that has been a blight for years. As is evidenced by the City's desire to adopt the Proposed Specific Plan, the area is currently not developed to its highest and best use. However, it will likely take many years before the vision of the Proposed Specific Plan is realized and investment in the area occurs in earnest. Therefore, the Project has been designed to help spark revitalization and be part of the place -making of the area. For example, the Project will feature an attractive structure with a tower/parapet with lighting features, extensive landscaping and an overall architectural style that is consistent with the concepts we understand comprise the vision of the Proposed Specific Plan. K437-000 -- 1588298.2 To Honorable Mayor and City Council Members Re: Uptown Jefferson Avenue Specific Plan — 28111 Jefferson Avenue April 22, 2015 Page 3 In addition, the express car wash will provide the City with a drought -friendly car wash option (using three times less water than washing cars at home), which is especially important given the water restrictions that the Governor has recently imposed throughout the State. As you know, the current target conservation for Temecula as proposed by the State Water Board is 35%; encouraging residents to reduce their water consumption by providing them with the ability to wash their cars in an environmentally responsible manner would help the City attain this goal. Finally, the Project will provide an economic benefit to the City through tax revenues. C. Developing the Site as Currently Contemplated in the Proposed Specific Plan May Not Be Economically Feasible at this Time. Significantly, the use of the Site is limited by the Regional Water Quality Control Board. As noted, the Site was used for decades as a gas station; as such, the property owners have performed significant and costly environmental remediation since the closure of the gas station, which limits the types of future uses that can be located on the Site without further environmental remediation. The San Diego Water Quality Control Board has issued a No Further Action letter and approved the Site for use as a car wash, but has restricted the types of future uses that can be located on the Site without further environmental remediation. For example, a residential/mixed use project would not be permitted by the Water Quality Control Board without further environmental remediation, which would be extremely costly and may discourage immediate investment into the Site. Once the Proposed Specific Plan area is further developed, however, and the property values in the area increase, investment in the additional environmental remediation necessary to use the Site for a residential or mixed-use Project may make more sense economically. At that time, we expect our client would be willing to sell the Site to a developer for a residential or mixed-use project. K437-000 -- 1588298.2 To Honorable Mayor and City Council Members Re: Uptown Jefferson Avenue Specific Plan — 28111 Jefferson Avenue April 22, 2015 Page 4 Accordingly, we respectfully request that the Project be exempted from the moratorium, so it can continue to proceed through the discretionary approval process for a CUP and Development Plan approval under the City's current development standards. Very truly yours, E �en r Switz, o GRES AM NOLAN & TILDEN, A Professional Corporation EB:LBK/crb cc: Aaron Adams, City Manager Greg Butler, Assistant City Manager Armando Villa, Director of Community Development Dale West, Community Development Department Eric Jones, Community Development Department Wayne Knyal, Project Applicant Gregory Hann, Empire Design Group (Project Architect) Janis Arendsen, Agricare Properties (Property Owner) Lisa Kolieb, Gresham, Savage, Nolan & Tilden • K437 -(X8) -- 1588298.2 1 Gwyn Flores From: Janis Arendsen <arendsen@mac.com> •ent: Thursday, April 23, 2015 10:06 AM To: Jeff Comerchero; Maryann Edwards; Mike Naggar; Matt Rahn; Council Assistant Cc: Buz Knyal; terravendo@gmail.com; John Reaves; John Arendsen; Aaron Adams; Greg Butler; Armando Villa; Ellen Berkowitz; Dale West; Eric Jones; GHann@empiregr.biz; john@lawreaves.com; Lisa Kolieb Subject: Proposed Uptown Jefferson Specific Plan Moratorium Dear Honorable Mayor and City Councilmembers: I am one of three siblings who are owners of a vacant piece of land at 28111 Jefferson, on the corner of Del Rio and Jefferson. Long before my family became the custodians of the now vacant but former gas -station, we had a more positive imprint on Temecula. Our father was Jack Caldwell, a World War II naval aviator, a civil engineer and Vice President of Land Acquisitions for Macco Corporation. In Dad's many drives around Southern California looking at parcels in the 60's for Macco, he fell in love with the Temecula Valley. Ultimately Macco and Kaiser bought the Vail Ranch in 1965 and thus began the development of Rancho California. In fact, the name Rancho California was coined by my Dad and the original sales brochures for Rancho California and the photography were his design. Dad loved the majesty of the valley and the historic downtown area so much that he crafted the original flavor of Rancho California around a combination of colonial Spanish and the Old West. For those of you who don't remember, Rancho California Road was originally paved in brown asphalt, a new technique Dad insisted on at *he time because he was determined to maintain the esthetics of the natural winding trails instead of an asphalt jungle. Although the road has long since been repaved, I'm reminded of his vision to maintain the natural order of the land every time I drive Rancho California Road. I had my first driving lesson on that long winding brown road 49 years ago with Dad sitting shotgun, windows down, the breeze blowing through our hair and Dad proudly bragging about his freshly minted road that honored bygone years. Until my Mom could not sustain the water bills, our family owned a 55 acre orange grove on the corner of Rancho California Road and Anza Those orange trees were planted as babies and our family treated those trees as such. Instead of Christmas presents one year, we sacrificed to buy a wind machine to protect those youngsters. And because citrus was so important to my Dad, he took on the job of representing others who shared the love of the grove. As a result, Dad was President of the Corona Heights Packing House and was on the Board for many years. And once citrus started to lose some if its popularity in the valley, my Dad was prominent in bringing the wineries to Rancho California. Those vineyards have not only created a robust economy for the valley but have helped maintain the region's agricultural continuity which was always Dad's vision. Because water and agricultural go hand-in-hand, Dad was also instrumental in starting the Rancho California Water District. In fact, he was the first president of the Rancho California Water District. So ---with our family's history as a backdrop, I'd like to plead our case to allow the forward movement of our sale to Wayne Knyal for his car wash: O. As I have mentioned, esthetics and the preservation of the Old Town and Spanish colonial heritage have been historically important to our family. My siblings and I have reviewed the architectural renderings and 1 • they are consistent with the high standard my Dad would expect and admire. In fact, they work harmoniously with Temecula's own Civic Center. 2. Since our family once had a prominent position with RCWD, we can't imagine a better use of the property in .a drought -ridden period than a business which employs recyclable water. Not only will Buz's car wash recycle most of the water, but most importantly it provides an inexpensive access to a car washing facility for the local residents who are no longer allowed to wash their cars in their backyards or driveways. With several hotels in proximity, this also provides a benefit for the visiting population. 3. Our family has had a brutal 14 year battle to bring our property to market. When the former gas station lessees created a petroleum spill and failed to cooperate with the State Water Resources Control Board Clean Up And Abatement Order, we had to sue to have the right to remediate. With a sense of twisted irony, the predominant worry was that the spill could have potentially polluted a drinking water aquiver in the RCWD. We have jumped through every conceivable hoop to meet the State's requirements, and now 14 years and almost $1.5 million later, we have closure to sell. Built into our internal checklist for a buyer was a criteria for environmental safety. The eco -friendly properties of Buz's car wash meet that high standard. This gives the RCWD, the City of Temecula and the State Water Resources Control Board that we have performed our due diligence in finding a buyer who will foster high environmental standards. As a side note, when the City was widening Del Rio, we allowed their contractor, Utah Pacific, to use our property for their equipment and materials for about six months. Unfortunately during the widening, Utah Pacific inadvertently demolished two of our monitoring wells that were located on the then Volvo Rents property. Because of the demolition and the oversight imposed upon us by the State Water Board, our clean-up plan and timeline for closure were derailed by two years in order to accommodate well demolition permits, well demolition, new drilling permits, and actual drilling--- every step needing new and cumbersome approval from oRegion 9 Water Board. Thus as my final comment, consider this: Had we not been delayed two years by a City of Temecula contractor and if we were selling our property in 2013 instead of 2015, would we be facing the issues before us now with the moratorium? Thank you kindly for your consideration. Sincerely, Janis Arendsen Agricare Properties LLC I Direct • 2