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Home My WebLink About070902 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 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 III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 9, 2002- 7:00 P.M. 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 11:00 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 11:00 P.M. 5:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9{b)(1) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: 1) Anderson (Trustee for Dekkon Development) v. City of Temecula. 3. Conference with City Attorney pursuant to Government Code Sections 54957 and 54957.6 with respect to City Manager's Evaluation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: R:~Agenda\070902 Next in Order: Ordinance: No; 2002-04 Resolution: No. 2002-60 Mayor Ron Roberts Erika Weitzeil Reverend Larry Koger of Hope Lutheran Church Cub Scout Pack No. 318 Comerchero, Naggar, Pratt, Stone, Roberts PRESENTATIONS/PROCLAMATIONS Special Achievement Award - Girl Scout Gold Award - Melissa Martinez Special Achievement Award - Girl Scout Gold Award - Cassondra Sepulveda Special Achievement Award - Girl Scout Silver Award - Erin Lyons Special Achievement Award - Girl Scout Silver Award - Shannon Lyons Special Achievement Award - Girl Scout Silver Award - Zulema Sotelo PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action, 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of May 29, 2002. R:~Agenda\070902 2 6 Resolution Approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 2002. Authorization of Special Tax Levy in Community Facilities District No. 88~12 (Yne7 Corridor) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) FY 2002-03 Economic Development Operating/Marketing and Sponsorship Agreements RECOMMENDATION: 6.1 Approve Operating/Marketing Agreements and authorize the Mayor to execute the following agreements: · The Temecula Valley Chamber of Commerce in the amount of $148,000.00; · The Economic Development Corporation of Southwest Riverside County in the amount of $20,000.00; · The Temecula Valley Film Council in the amount of $27,000.00; · The Southwest Riverside County Economic Alliance in the amount of $75,000.00. 6.2 Approve the Sponsorship and Funding Agreement for the Project Kids - Endless Dreams - summer benefit in the amount of $1,500.00 and authorize the Mayor to execute the agreement. R:~Agenda\070902 3 FY 2002-03 Designated Allocations - Community Support Budget RECOMMENDATION: 7.1 Approve the Sponsorship and Funding Agreement in the amount of $25,000.00 and City-support costs in the amount up to $8,000.00 for the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation - Race for the Cure - event and authorize the Mayor to execute the agreement; 7.2 Approve the Funding Agreement in the amount of $15,000.00 for the Circle of SAFE-T Partnership/Rancho Springs Medical Center and authorize the Mayor to execute the agreement; 7.3 Approve the Funding Agreement in the amount of $15,000.00 for Safe Alternatives for Everyone (SAFE) program and authorize the Mayor to execute the agreement. 8 Second Amendment to City Mana,qer's Employment A,qreement RECOMMENDATION: 8.1 Approve the second amendment to the City Manager's Employment Agreement. 9 First Amendment to State Lobbyist Contract RECOMMENDATION: 9.1 Approve the first amendment for State lobbying services with the Wilson Group, LLC in the amount of $3,500.00 per month. 10 David Turch & Associates Contract for Federal LeF~islative Service~ RECOMMENDATION: 10.1 Approve the contract for Federal legislative services to be provided by David Turch & Associates in the amount $36,000.00. 11 Acceptance of an Irrevocable Offer of Dedication of Grant of Easement for draina,q~. purposes within Parcel No. 1 of Parcel Map No. 22554 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR DRAINAGE PURPOSES WITHIN PARCEL NO. I OF PARCEL MAP NO. 22554 R:~Agenda\070902 4 12 Amendment No. 2 to Construction Contract for fiscal year 2002-2003 Street Stdpinq Program - Proiect No. PW01-12 RECOMMENDATION: 12.1 Approve Amendment No. 2 to the Construction Contract with C-18, Inc. for the fiscal year 2002-2003 Street Striping Contract - Project No. PW01-12 for an amount of $225,000.00 and authorize the Mayor to execute the amendment. 13 Amendment No. 3 with West Coast Arborists, Inc. for renewal of Citywide Tree Trimmin~ Maintenance Contract RECOMMENDATION: 13. I Approve Amendment No. 3 for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1, 2002 in an amount of $100,000.00 and authorize the Mayor to execute the contract extension; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. 14 Agreement for Consultinq Services between the City of Temecula and PELA RECOMMENDATION: 14.1 Award a contract with PELA for landscape, plancheck, and inspection services in the amount of $75,000.00. 15 Morqan Hill Proiect Mitigation Agreement - Approval of Consent to Assiqnment tn McMillin Morgan Hill and Approval of Joint Community Facilities Aqreement RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT BETWEEN THE TR4, L.P. AND MCMILLIN MORGAN HILL, LLC 15.2 Adopt a resolution entitled: R:~genda\070902 5 16 17 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED JOINT COMMUNITY FACILITIES AGREEMENT AMONG EASTERN MUNICIPAL WATER DISTRICT AND CITY OF TEMECULA AND MCMILLIN MORGAN HILL, LLC Agreement for Weed Abatement Services between the City of Temecula and Rory Rieck and Chuck Maciel's Weed Abatement RECOMMENDATION: 16.1 Approve the contract with Rory Rieck and Chuck Maciel's Weed Abatement for Weed Abatement Services for a total of $15,000.00. Agreement for Weed Abatement Services between the City of Temecula and A.S.A.P. Services RECOMMENDATION: 17.1 Approve the contract with A.S.A.P. Services for Weed Abatement Services for a total of $15,000.00. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE WINCHESTER HILLS FINANCING AUTHORITY R:~Agenda\070902 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2002-01 Resolution: No. CSD 2002-08 CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be flied with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 11, 2002. 2 Amendment No. 2 to a Consultinq ARreement for Professional Materials Testinq - Chaparral Hi,qh School Swimminq Pool - Project No. PW00-08CSD RECOMMENDATION: 2.1 Approve Amendment No. 2 to the consulting agreement with Ninyo & Moore in the amount of $13,637.50 to complete the materials testing services for the Chaparral High School Swimming Pool - Project No. PW00-08CSD - and authorize the President to execute the amendment. R:~genda\070902 7 DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 23 2002, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\070902 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2002-01 Resolution: No. RDA 2002-09 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Pratt, Stone, Roberts, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 11, 2002. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 23, 2002, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\070902 9 Next in Order: Ordinance: No. WHFA 02-01 Resolution: No. WHFA 02-01 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.2 Approve the minutes of July 10, 2001. Authorization of Special Tax Levy in Community Facilities District No. 98-1 (Winchester Hills) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. WHFA 02- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO, 98-1 (WINCHESTER HILLS) R:~Agenda\070902 10 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL R:~Agenda\070902 11 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 18 Modifications of Conditions of Approval for Amendment No. 7 of the Paloma del Sol Specific Plan and the Conditions of Approval for revised Vestinq Tentative Tract Map No. 24182 (Planninq Application No. 02-0299) RECOMMENDATION: 18.1 Adopt on of the following resolutions entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN ALSO KNOWN AS PLANNING APPLICATION NO. 99-0285 (PLANNING APPLICATION NO. 02-0299) OR RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN ALSO KNOWN AS PLANNING APPLICATION NO. 99-0285 (PLANNING APPLICATION NO. 02-0299) 18.2 Adopt one of the following resolutions: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP NO. 24182 ALSO KNOWN AS PLANNING APPLICATION NO. 96-0258 (PLANNING APPLICATION NO. 02-0299) OR R:~Agenda\070902 12 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP NO. 24182 ALSO KNOWN AS PLANNING APPLICATION NO. 96-0258 (PLANNING APPLICATION NO, 02-0299) COUNCIL BUSINESS 19 City Alcohol Requlations RECOMMENDATION: 19.1 Receive and file. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, July 17, 2002, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint City Council/Planning Commission Workshop. Next regularly scheduled City Council meeting will be on Tuesday, July 23, 2002, at 7:00 P.M. R:~Agenda\070902 13 PROCLAMATIONS AND PRESENTATIONS (D 0 0 © © 0 0 ITEM 1 ITEM 2 MINUTES OF A BUDGET WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL MAY 29, 2002 The City Council convened in a special meeting at 5:10 P.M., on Wednesday, May 29, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session items. Present: Councilmembers: Comemhero, Naggar, Pratt, Stone*, Roberts Absent: Councilmember: None * - Councilman Stone arrived at 5:18 P.M. PUBLIC COMMENTS A. Referencing marketing/promotional material produced by the Ontario Convention and Visitors' Bureau, Ms. Mary Jane Olhasso, 32644 Savara Road, informed that City Council that the Bureau has included information with regard to the City of Temecula in its materials; advised that San Bernardino County has supported the allocation of monies toward the cost of producing this publication; noted that Riverside County has not supported such allocation; and requested that the City, in the future, encourage the County to support such allocation. B. As Chairman of the Community Partners Group (Inland Empire Economic Partnership - IEEP), Ms. Olhasso expressed concern with the City not having reflected a line item for IEEP and encouraged to City to support IEEP for the following reasons: fiscal impact as a result of September 11, 2001, regional perspective, and regional voice to Trade and Commerce Agency. C. Ms. Teri Ooms, 301 E. Vanderbilt Way, San Bernardino, representing Inland Empire Economic Partnership, advised that IEEP operates as the regional Economic Development Corporation to attract, refrain, expand, and create businesses. Ms. Ooms proceeded with an overview of the Partnership's services, responding to Mayor Pro Tem Stone's comment as to how the Partnership will address the impacts of the State budget and commenting on the benefits the City would derive as a result of its membership with IEEP. For Mayor Roberts, Ms. Ooms advised that the City of Corona currently is not a member and that the Cities of Lake Elsinore and Murrieta are current members. As a member of the Economic Development Advisory Committee, Mayor Roberts relayed his opinion that the cost of membership does not outweigh the services provided to the City. Although IEEP and the City has experienced a good association throughout the years, Councilman Comerchero noted that the City has chosen to shift its focus more toward the south and less toward the north. CITY COUNCIL REPORTS No comments. R:\Minutes\052902 1 COUNCIL/DISTRICT/AGENCY BUSINESS 1 Review of the FY 2002-03 Proposed Operatin.q Budget RECOMMENDATION: 1.1 Review and discuss the FY 2002-03 Proposed Operating Budget and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed Operating Budget, highlighting main components such as the following: · Total proposed revenues o 9.0% increase $37,746,82O · Total proposed expenditures o 6.9% increase $36,809,795 Fund Balance Reserved for Economic Uncertainty o Achievement of the $10 million goal o Minimum of $500,000 to be set aside for the purchase of open space - separate fund o Future retiree health benefits- separate fund With the concurrence of the City Council, it was suggested that the previous 30% target rate for economic uncertainty be retained but restructured to reflect the needed % for retiree health benefits and that the remaining % be allocated toward the purchase of open space. For Councilman Naggar, City Manager Nelson recommended that the Open Space Element and associated policies/criteria be discussed as part of the General Plan Update. · Public Safety Costs It was noted by staff that the County, at this time, has not expressed an interest to partnership with the City to provide the services of a second Paramedic Assessment Squad for Fire Station No. 92 in order to service the Redhawk residents. It was recommended by Councilman Naggar that the City explore increasing the one sworn police officer to every 1,000 residents ratio prior to the rise of crime. It was suggested by staff that this matter be discussed under the General Plan Update. Additional Budget Highlights o 11 new positions o 16 project positions to permanent full-time positions o Implementation of MOU & Salary Survey o Commits $2 million to the Capital Improvement Program It was noted by staff, for Councilman Naggar, that two of the newly proposed positions will enable the City to better police and monitor water quality running off private and public property, noting that this monitoring mandate is a State unfunded mandate. R:\Minutes\052902 2 · 5-year General Fund projection o State budget impacts CITY COUNCIL COMMENTS Councilman Naggar requested that the processing of permits be reviewed by the City Council within the next 90 days and that no permit application exceed a timeframe of six months. Mayor Pro Tem Stone requested that functionality of the electronic voting equipment in the City Council Chambers be researched. Mayor Roberts requested that the City Council Conference Budget be increased to $33,000.00. COMMUNITY SERVICES DISTRICT'S ANNUAL OPERATING BUDGET Proceeding with an overview of the District's Annual Operating Budget, City Manager Nelson addressed the following: Total projected expenditures $11,328,420 Special Tax/REST $ 2,403,210 Total projected revenue $11,328,420 o State budget impacts Additional park and recreation facilities o Vail Ranch Park C o Temecula Children's Museum o Chaparral High School Swimming Pool o 26 parks and 9 major recreation facilities o Comprehensive Community Services Program CITY COUNCIL/BOARD MEMBERS' COMMENTS Councilman Naggar, with Council concurrence, requested enhancement of the maintenance of the on/off ramps; suggested the exploration of seeking partnership from Pechanga, local businesses, tourism, etc. with regard to cost assistance for the maintenance of these ramps. Councilman Naggar requested that the additionally three-acre park site obtained in the Harveston community, along with the additional $150,000, be utilized to build an additional two to three lighted soccer fields. City Manager Nelson suggested that this matter be discussed under the Capital Improvement Program budget. Mayor Pro Tern Stone requested that an allocation be approved for the purchase of a new vehicle to be utilized for the Mobile Craft Program and that this allocation not affect the Community Services District budget. Councilman Comerchero suggested that the kids, participating in this program, be given the pleasure of painting this new van. Mayor Roberts suggested that, in the future, the YMCA possibly oversee the Summer Months Activities and Recreation in Temecula Program. It was suggested that the Community Services Commission be given the opportunity to review the above-mentioned matters. R:\Minutes\052902 3 Mayor Roberts requested that $15,000.00 be allocated toward SAFE by way of Community Services Funding; City Council noted its concurrence. REDEVELOPMENT AGENCY'S ANNUAL OPERATING BUDGET Mayor Pro Tem Stone abstained from discussion with regard to this matter. City Manager Nelson reviewed the Annual Operating Budget for the Redevelopment Agency, highlighting the following: · Total projected revenue $11,163,000 · Total projected expenditures $ 8,591,230 · Program Highlights o First-Time Homebuyer Program o Employee Relocation Program o Old Town Development Incentives o Fa(;ade Improvement Program o Old Town Specific Plan Implementation AGENCY MEMBER COMMENTS For Mayor Roberts, Director of Housing and Redevelopment Meyer informed that the infrastructure for Habitat for Humanity would be considered under the CIP and that the needed expenditure for infrastructure has been included in the budget. In response to Councilman Comerchero, Director Meyer advised that the Fa(;ade Improvement Program ($75,000) has been reduced and noted that to include landscaping improvements in this program, the Agency would have to amend the program as it relates to the parameters of funding. The City Council noted concurrence to proceed with such an amendment. In response to Councilman Comerchero's inquiry with regard to the imposition of an Transient Occupancy Tax (TOT), Finance Director advised that the TOT would not apply for stays over 30 days, noting that the average stay at Extended Stay American ranges from three to four weeks and that the reporting of such information will be monitored as quarterly reports are submitted. As a result of the State budget, Councilman Comerchero advised that the City will loose its $106,000 for booking fees. In response to Councilman Comerchero's recommendation, the City Council's Mission Statements was amended and a Goal No. 5 was added, as follows: · The City Council is elected by the citizens of Temecula to set overall policies, legislative and otherwise, and to give direction to the City Manager to ensure his effective and efficient operation of the City and to identify the types and levels of programs and services to be provided to its residents. · Goal No. 5 - to collaboratively work with the City Manager to ensure that all City Departments operate as smoothly and effectively as possible. Mr. Comerchero received City Council concurrence with regard to his above- noted recommendations. R:\Minutes\052902 4 For Councilman Comerchero, it was clarified that the City Manager's Department budget reflects half auto allowance for the Assistant City Manager and the Assistant to the City Manager. In response to Mr. Comerchero, it was noted that the Human Resources Director position should be reflected in the Human Resources Department. Mr. Comerchero commended staff on the reduction of $5,000 in the City Attorney's budget. In response to Mayor Pro Tern Stone, Fire Chief Windsor advised that all necessary monies have been budgeted (approximately $180,000) to equip all emergency vehicles with the GIS equipment, noting that all equipment should be installed by September. At 6:39 P.M., the City Council recessed and reconvened in a joint meeting at 7:07 P.M., as the City Council, Community Services District, and Redevelopment Agency to discuss the Capital improvement Program. COUNCIL/DISTRICT/AGENCY BUSINESS 2 Review of the Proposed FY 2003-07 Capital Improvement Proqram RECOMMENDATION: 2.1 Review and discuss the proposed FY 2003-07 Capital Improvement Program (CIP) and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed budget, highlighting the following: Projects completed - Fiscal Year 2001-02 with regard to circulation, infrastructure/facilities, parks, and Redevelopment Agency CIP Projects for 2003-07 with regard to circulation, infrastructure, parks, and Redevelopment Agency, noting that funding has been identified for the first two years of the CIP Finance Director Roberts provided a financial overview of the CIP, noting the following: ,, 110 projects = $+409 million o $249 million approximately have not identified funding - 61% o $160 million approximately are funded of which circulation projects represent 60%, infrastructure at 19%, parks at 13%, and RDA at 8% · Identified Revenue Sources - $166 million approximately · Projects under construction o Circulation · Rancho California Bridge Widening over Murrieta Creek - although trail access under the bridge is not a part of this project, the project would not prohibit such access o Infrastructure/Facilities it was clarified that the Traffic Signal Intemonnect improvements are to allow the City to further synchronize its signals. Projects in design/planning with construction funding o Butterfield Stage Road improvements (Proposed CFD) - City in a position to proceed but awaiting developer's actions o State Route 79 South Medians - landscaping is intended R:\Minutes\052902 5 · Projects in design/planning without construction funding COMMUNITY SERVICES DISTRICT'S CAPITAL IMPROVEMENT PROGRAM Community Services Director Parker reviewed the proposed budget, highlighting the following: Projects under construction Projects in design/planning with construction funding o Library (Grant) - grant will be submitted June 14, 2002 and that the Library is a Priority I CITY COUNCIL/BOARD MEMBERS' COMMENTS Councilman Naggar requested the City Council's concurrence with proceeding to raise funds from a clock structure, noting that the purchase of this structure would have not cost impact to the City and that he would agendize the matter to a future City Council meeting. No objection was noted. To address issues such as medians, a clock structure, etc., Councilman Comerchero suggested the creation of a City Beautification Account into which $30,000 to $50,000 would be allocated every other year. In order to create an aesthetically pleasing entry system into the City (Winchester Road), Mayor Pro Tern Stone commented on the need to provide landscaping. The City Council noted its concurrence. For Mr. Stone, Public Works Director Hughes advised that page 110 of the CIP should be corrected to accurately reflect Winchester Road/79 North Landscaping and Irrigation Improvements, noting that no funding has been identified until year 2005-06. Following additional discussion, it was noted by staff that costs have been budgeted under street maintenance to address the weeding and clean up of the medians. Discussion ensued as to whether or not AB2766 would be the appropriate funding source for the Winchester Road/79 South Landscaping and Irrigation Improvements. Considering AB2766 funds are allocated through the Air Quality Management District (AQMD), Councilman Comerchero requested that he be provided additional information with regard to its funding ability. Mayor Roberts recommended that $75,000 be allocated, in this year's budget, toward the planning/design of the above-mentioned project. Councilman Naggar readdressed his desire to have the additional three-acre park site (Harveston community) included with the existing 16.5 acres, thereby creating 19.5 acres, and developing soccer fields on the additional three acres. Councilman Comerchero suggested that the $150,000 (Harveston Project) be allocated toward year 3 - unfunded CIP project and $200,000 - $300,000 unspecified contingent upon the Master Ptan being approved by the City Council. The City Council concurred with the suggestion. Councilman Naggar requested that during the next budget process that the Trails Program and its implementation be considered. Mayor Roberts requested that information be provided to the City Council with regard to the Old Town Trail and its impacts from the Flood Control District, noting that the Flood Control Channel Project includes a trail component. City Manager Nelson noted that the CIP in year 3 of the Park and Recreation DIF budget, $625,000 has been designated for trail improvements. R:\Minutes\052902 6 With regard to the underground transit system, Mayor Pro Tem Stone commented on the exorbitant cost associated with completing such a project ($1 to 2 billion) and reiterated his previous comments that unless the State and Federal government is involved in mass transit, such action would be too exorbitant for the City to proceed. In closing, Mayor Pro Tem Stone commended staff on a job well done in the preparation of this budget and thanked the City's residents for supporting the City by making local purchases. Councilman Pratt requested that staff explore the feasibility/cost of utilizing a monorail. City Manager Nelson noted that this matter be considered in the Circulation Element of the General Plan Update. Having to abstain from the discussion with regard to the Redevelopment Agency, at 8:04 P.M., Mayor Pro Tem Stone left the meeting. REDEVELOPMENT AGENCY'S CAPITAL IMPROVEMENT PROGRAM Mayor Pro Tern Stone was absent from this portion of the meeting. Housing and Redevelopment Director Meyer reviewed the proposed CIP, highlighting the following: Projects in planning/design with construction funding o Old Town Community Theater · It was noted that construction would begin the first of the year (2003) with a completion date of approximately 14 months later; that a completion date of December 2003 would be aggressive; and that the Master Plan for the Theater has been approved o Mercantile Building Retrofit o Old Town Southern Gateway Landscaping City Manager Nelson commented on the benefits of the recent renegotiation of the Pass Through Agreement and sale of new bonds, noting the following: full funding for the Old Town Community Theater, full funding for the Children's Museum, and $4.6 million toward the bridge widening project at Rancho California Road across Murrieta Creek. Projects with funding o Residential Improvement Programs o Affordable Housing Units- Pujol Street o Affordable Housing Units- Senior Housing o Affordable Housing Project- Future Obligations Housing and Redevelopment Director Meyer, in response to Councilman Comerchero, advised that he would explore the option of the City obtaining a landscape easement for the northeast corner of First Street/Front Street and to include this portion with the Old Town Southern Gateway Landscaping Project. CITY MANAGER'S REPORT City Manager Nelson extended his appreciation to staff for their efforts associated with the preparation of the budgets. R:\Minutes\052902 7 CITY ATFORNEY'S REPORT No Closed Session and, therefore, there were no comments. ADJOURNMENT At 8:11 P.M., the City Council meeting was formally adjourned to Tuesday, June 11, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\052902 8 ITEM 3 RESOLUTION NO. 02- 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 RESOLVE, DETERMINE AND ORDER 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, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,879,146.80. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 9th day of July, 2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R2Resos2002/Resos 02- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 02- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of July, 2002 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2OO2/Resos 02- 2 CITY OF TEMECULA LIST OF DEMANDS 06/20/02 TOTAL CHECK RUN: 06/27/02 TOTAL CHECK RUN: 06/20/02 TOTAL PAYROLL RUN: 06~7/02 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 07/09/02 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 210 261 280 300 320 330 340 380 GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL iMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA DEBT SERVICE $ 1,984,243.84 64,680.44 105,361.70 57.96 17,801.55 918.33 276,356.23 12.00 20,240.74 20,322.80 60,301.95 6,089.97 $ 1,887,309.10 681,220.52 247,607.57 63,009.61 2,879,146.80 $ 2,568,529.62 001 165 190 192 193 194 280 300 320 33O 340 GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTALBYFUND: PREPARED BY FJETA WESTON, ACCOUNTING SPECIALIST GENIE ROBERTS, DIRECTOR OF FINANCE/// 215,101.58 6,600.31 60,376.96 116.63 4,985.35 840.42 2,778.85 1,327.81 9,503.98 2,345.06 6,840.23 310,617.18 $ 2,879,146.80 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. o>o~>o> ~ ~oooooooooooo w~mmmEEEEEEEEEEEE ~B~ ooo ~ ~B~°°ooo W o o~ .C 0 E= ~ '~ ~ ~ ~ ~ ~ ~ 0 o x dddddddd ooo D D ~~ ~ ~ o oooooooo ooooo ooo o o D o o o 8 ~ oooooooo ~ Z ~ 0 0 ~ z ~ 0 z ~ z -- apChkLst Final Check List Page: 1 06/27/2002 5:51:14PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 9 6/27/2002 000283 INSTATAX (IRS) 10 6/27/2002 000444 INSTATAX (EDD) Description Employees fed pr taxes Employees fed pr taxes 77701 77702 6/27/2002 004148 A T & T 77703 6/27/2002 77704 6/27/2002 77705 6/27/2002 77706 6/27/2002 77707 6/27/2002 77708 6/27/2002 77709 6/27/2002 000101 APPLE ONE, INC. 6/27/2002 001515 A S A P TRUCK,TRACTOP,/FIRE~ Weed abatement to Santiago desilting Long distance svcs: P.D. 000745 AT&TWIRELESSSERVICES Cellular phone svcs:police 000745 A T & T WIRELESS SERVICES Cellular phone ~:lnf Sys 005058 ADAMS, AARON Reimb lobby trip on 06/04 Reimb lobby tdp for 06/13 004180 ADVISORS MARKETING GROUF embroidered logo shirts:TCSD embroidered logo shirts:TCSD 004952 AFFIRMED HOUSING PARTNER Devel agrmnt between RDA & Affirme 004240 AMERICAN FORENSIC NURSES City limits blood draws-Police Dept City limits blood draws-Police Dept Temp help w/e 06/08 Hardin Temp help w/e 06/08 Arreola Temp help w/e 06/08 Acosta Temp help w/e 06/08 Kissam Temp help w/e 06/08 Kau 77710 6/27/2002 002648 AUTO CLUB OF SOUTHERN CA AAA towing svcs for city vehicles 77711 6/27/2002 004967 B D R ADVERTISING SPECIALTI Imprinted Sports Bottles for Eco Dev 77712 6/27/2002 000122 B S N SPORTS Sport supplies: TCSD 77713 6/27/2002 77714 6/27/2002 000622 BANTA ELECTRIC-REFRIGERA Electrical svcs-City Hall Electrical svcs-Mntc Fac 004206 BANUELOS, TERESA TCSD instructor eamings 77715 6/27/2002 005059 BARRETT-SMITH, ROSEMARY Refund: Sports-Multi-Sport 77716 6/27/2002 002541 BECKER CONSTRUCTION SRV repair fencing @ Empire Creek 77717 6/27/2002 004262 BIO-TOX LABORATORIES 77718 6/27/2002 005055 BROWN, STEVE Lab drug testing:police dept Lab drug testing:police dept Refmhmnts for interview panel Amount Paid Check Total 9,319.09 9,319.09 1,967.00 1,967.00 580.00 580.00 165.58 165.58 277.12 277.12 133.80 133.80 39.74 33.61 73.35 1,235.30 524.81 1,760.11 46,445.30 46,445.30 105.00 63.00 168.00 332.15 164.45 1,060.00 624.00 416.00 2,596.60 44.00 44.00 578.53 578.53 190.80 190.80 156.00 145.00 301.00 170.00 170.00 94.00 94.00 3,075.00 3,075.00 1,431.50 111.70 1,543.20 169.21 169.21 Page:l apChkLst 06/27/2002 5:51:14PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 77719 6/27/20O2 77720 6/27/2002 77721 6/27/2002 77722 6/27/2002 77723 6/27/2002 005057 SURCH, CYNTHIA Final Check List City of Temecula (Continued) Description Refund:Dog Obedience 77724 6/27/2002 003138 CAL MAT 77725 6/27/2002 003138 CAL MAT 002878 BUSINESS INFORMATION SOLU City EE computer training svcs 002103 C A P I O MB: Yatas, Grant 005063 C E L S O C Required manuals for Planning Corem 004621 C-18 INC May Svcs:Street Striping Prgm PW01- PW patch truck asphalt materials PW patch truck asphalt materi.;Is 77726 6/27/2002 000152 CALIF PARKS & RECREATION S CPRS brochures info book 77727 6/27/2002 005061 CALIF PLANNING FOUNDATION Comm Skills Conf:McCoy/Rush:6/21 77728 6/27/2002 004228 CAMERON WELDING SUPPLY Helium tanks refllI:TCSD 77729 6/27/2002 001249 CENTRE FOR ORG EFFECTIVE Pmf academy:Zigler:5/29 & 6/5 77730 6/27/2002 003021 ClNGULAR WIRELESS (CELL PI- 5/9-6/6/02 cellular phone svcs 77731 6/27/2002 003735 ClNGULAR WIRELESS (EQUIP Accessedes for cellular phones 77732 6/27/2002 000447 COMTRONIX OF HEMET Labor to repair equipment:CRC Labor to repair equipment:TCSD 77733 6/27/2002 001014 COUNTRY SIGNS & DESIGNS Fac impr prgrn:Old Twn Salon 77734 6/27/2002 003511 DELL COMPUTER CORPORATI Dell computer for police dept 77735 6/27/2002 004526 DESTINATION TEMECULA Community advisory city bus trip 004294 DIVERSIFIED LANDSCAPE CO. Pale Bridge mntc agrmt 77736 6/27/2002 77737 6/27/2002 77738 6/27/2002 77739 6/27/2002 004192 DOWNS COMMERCIAL FUELI 001669 DUNN EDWARDS CORPORATI 002981 DYNA MED Fuel for city vehicles:Planning Supplies for graffiti removal Paramedic medical supplies Paramedic medical supplies Paramedic medical supplies Amount Paid 6,3.00 900.00 175.00 1,114.92 43,586.16 1,547.84 88.20 225.00 200.00 25.70 320.00 5,369.80 32.75 344.93 1,645.53 2,100.00 4,687,13 275.00 5,400.00 367.39 455.60 652.73 420.20 300.63 Page: 2 Check Total 63.00 900.00 175.00 1,114.92 43,586.16 1,547.84 88.20 225.00 200.00 25.70 320.00 5,369.80 32.75 1,990.46 2,100.00 4,687.13 275.00 5,400.00 367.39 455.60 1,373.56 Page2 aPchkLst Final Check List Page: 3 06/27/2002 5:51:14PM 'City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date 77740 6/27/2002 77741 6/27/2002 004974 EN POINTE TECHNOLOGIES (Continued) Vendor Description 001380 ESIEMPLOYMENTSERVICES Temphelpw/e06/14Heer Temp help w/e 06/14 Ebon Temp help w/e 06/14 Bragg Temp help w/e 06/14 McCoy Temp help w/e 06/31 Hansen Temp help w/e 06/14 Rush Temp help w/e 06/14 Rosa Temp help w/e 05/31 Hansen Adjtrnnt Temp help w/e 06/14 Kanigowski Temp help w/e 06/14 Martinez Temp help w/e 06/14 Wytrykus Temp help w/e 05/31 Rosales Temp help w/e 06/14 Obmann ~'emp help w/e 06/14 Rosales Computer Tablets:fire mapmobile un 77742 6/27/2002 002939 ENVIRONMENTAL SYSTEMS R Data conversion for GIS 77743 6/27/2002 000164 ESGIL CORPORATION Plan Check svcs for May 77744 6/27/2002 77745 6/27/2002 77746 6/27/2002 003959 EVERETT& EVERL~ ~ PAINTI 001056 EXCEL LANDSCAPE 002037 EXPANETS Res impr prgm: Cinka, Joe Res Impr Prgm: Ramsey, Edward Mar Idscp repairs: Saddlewecd April ldscp repairs: Old Twn Strcsp Apdl Idscp repairs:Meadows Prkwy Phone mntc & repairs:City Hall 77747 6/27/2002 001511 FIELDMAN ROLAPP & ASSOCIA Financial advisory servs:RDA 77748 6/27/2002 003347 FIRST BANKCARD CENTER XX-3083 Naggar: League of Cities XX-2576 Nelson: Prof mtgs in twn XX-5288 Jones:Earthlink Svcs XX-6702 Meyers: Dun & Bradstreet 77749 6/27/2002 002819 GARWlN & CHAN ASSOCIATES blank audio tapes for Info Sys 77750 6/27/2002 000177 GLENNIES OFFICE PRODUCTS Misc. office suppiies:TCSD 77751 6/27/2002 000711 GRAPHICS UNLIMITED LITHOG Design T-shirt logo for 4th of July 77752 6/27/2002 002174 GROUP 1 PRODUCTIONS LibraP/Grant Site Video 77753 6/27/2002 005056 GUTIERREZ, BETH Reimb for ee luncheon supplies 77754 6/27/2002 000366 HARRINGTON, KEVIN Reimb: refrshmnts for staff mtg Amount Paid Check Total 2,286.40 2,196.80 1,726.20 2,786.45 2,440.52 2,371.60 950.69 201.28 1,242.67 1,176.00 1,092.98 1,652.25 1,581.72 1,564.13 23,269.69 85,344.51 85,344.51 207.40 207.40 9,585.74 9,585.74 2,100.00 1,50~.00 3,600.00 880.00 385.00 175.00 1,440.00 528.65 528.65 246.30 246.30 295.00 128.09 1,130.33 315.63 1,869.05 396.93 396.93 498.03 498.03 119.60 119,60 300.00 300.00 66.50 66.50 76.65 76.65 Page3 apChkLst 06/27/2002 5:51:14PM Sank: union UNION BANK OF CALIFORNIA Check # Date Vendor 77755 6/27/2002 002906 HEMET FENCE COMPANY 77756 6/27/2002 77757 6/27/2002 77758 6/27/2002 Final Check List City of Temecula (Continued) Description Res impr prgm:Cirka, Joseph 003938 lAN DAVIDSON LANDSCAPE - I 1st and Front St Ldscp design 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 003266 IRON MOUNTAIN OFFSITE Microfilm storage rent for May AmountPaid 1,725.00 3,860.65 356.01 158~75 1,856.81 864.00 77759 6/27/2002 002140 JAGUAR COMPUTER SYSTEMS Network equipment mntc/repair 77760 6/27/2002 001667 KELLY TEMPORARY SERVICES Temp help w/e 06/09 Fudge 77761 6/27/2002 001091 KEYSER MARSTON ASSOClAT Affordable housing analysis ' Affordable housing analysis 77762 6/27/2002 000206 KINKOS INC Stationery paper/misc supplies 243.75 167.50 64.65 77763 6/27/2002 005060 KNODE, JOEL Refund:Dance-Ballroom 25.00 77764 6/27/2002 77765 6/27/2002 001085 L N CURTIS & SONS Fire rescue equip supplies Fire rescue equip supplies Fire rescue equip supplies 001534 LA MASTERS OF FINE TRAVEL SW airfare for Ruse/Adams 6/13 4,795.74 1,486.95 1,442.54 467.00 77766 6/2712002 005064 LEPOUTRE, LINDA Rel of claim for property damages 954.50 77767 6/27/2002 004174 LIGHT IMPRESSIONS Special order light fixtures:Museum 31.06 77768 6/27/2002 003782 MAIN STREET SIGNS Various Street Signs 1,878.08 77769 6/27/2002 004141 MAINTEX INC ////0 6/27/2002 Sr Ctr Custodial Supplies TCC Custodial Supplies Maint Fac Custodial Supplies City Hall Custodial Supplies TCC Custodial Supplies Museum Custodial Supplies Museum Custodial Supplies 001967 MANPOWER TEMPORARY SER Temp help w/e 06/09 Novotny 118.24 105.49 192.53 191.95 180.18 52.74 125.37 525.68 77771 6/27/2002 77772 6/27/2002 000586 MATTHEW BENDER & COMPAN Municipal Code Binders Municipal Code Bindem 004208 MILANOS Refreshments:PW Team Bldg 850.86 47.13 303.75 ////3 6/27/2002 77774 6/27/2002 004927 MINNESANG PESTSPECIAM 005053 MORGAN, SHERI Citywide Weed Spraying Svcs Channel Weed Spraying Svcs Refund:Art-Portrait Drawing 3,485.00 36.00 Page: 4 Check Total 1,725.00 3,860.65 356.01 158.75 1,856.81 864.00 411.25 ~.~ 25.00 7,725.23 467.00 954.50 31.06 1,878.08 966.50 525.68 897.99 303.75 5,075.00 36.00 Page:4 apChkLst Final Check List Page: 5 06/27/2002 5:51:14PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check# Date / ///5 6/27/2002 ////6 6/27/2002 6/2712002 (Continued) Vendor Description 003715 MORTON TRAFFIC MARKINGS Stencil Supplies for PW Maint 000230 MUNIFINANCIAL Arbitrage Rebate Services 004588 NATIONAL BUSINESS FURNITU Filing Cabinet:PW Shipping Charges:inv~ M99438-SIN Amount Paid 43.10 1,250.00 850.92 41.00 Check Total 43.10 1,250.00 891.92 ////8 6/27/2002 002139 NORTH COUNTY TIMES- ATTN: Mar Display Ads:Spring Egg Hunt Mar Var. Recruit Ads for HR ////9 6/27/2002 002105 OLD TOWN TIRE & SERVICE 77780 6/27/2002 004491 OLD TYME FOLK 77781 6/27/2002 77782 6/27/2002 77783 6/27/2002 004045 ORVAC ELECTRONICS 002256 P & D CONSULTANTS INC 003762 P M X MEDICAL 77784 6/27/2002', ~', 004520 PAINT CONNECTION, THE City vehicle repairs & maint. City vehicle repairs & rsaint. Entertainrsent:Great Race Audio/Video Supplies May Tersp Bldg Inspectors Paramedic supplies Res Irsprv Prgm:Talvera 77785 6/27/2002 77788 6/27/2002 004956 PAUL'S CARPET CARE 77787 6/27/2002 003218 PELA 004074 PARTY CITY OF TEMECULA IN High Hopes Prgrs Supplies Carpet Cleaning @ Stn 84 May Plan Check Svcs:Planning May TCSD Plan Check Svcs 77788 6/27/2002 004790 PETER D BRANDOW & ASSOCI Ldscp Design Svcs:79S Sidewalk Cr:Reimb. not included in Contract 77789 6/27/2002 000249 P~ ~ I Y' CASH 77790 6/27/2002 77791 6/27/2002 77792 6/27/2002 77793 6/27/2002 77794 6/27/2002 004625 PLANT EQUIPMENT, INC 000253 POSTMASTER 002185 POSTMASTER - TEMECULA 004975 PROTECTION DEVELOPMENT Petty cash reimbursement Map Mobile Software for GIS Express mail & postal svcs Postage for TCSD Mailer K-9 Vest for Police Dept 004792 R H A LANDSCAPE ARCHITECT Consultant Svcs:Vail Ranch Pk 77795 6/27/2002 004457 R J NOBLE COMPANY Prgs Prst# 2:Mar9 Rd Ph 2 Credit:Exceeds Contract Arsount 77796 6/27/2002 000728 RAMSEY BACKFLOW & PLUMB Backflow device testing 309.47 494.00 214.87 227.50 200.00 115.39 17,838.80 288.83 1,850.00 44.43 598.00 4,805.00 2,405.00 7,729.11 -753.71 340.81 1,619.55 126.25 487.90 781.19 89.12 84,530.27 -10,430.79 90.90 803.47 442.37 200.00 115.39 17,838.80 288.83 1,850.00 44.43 598.00 7,210.00 6,975.40 340.81 1,619.55 126.25 487.90 781.19 89.12 74,099.48 90.66 Page5 apChkLst Final Check List Page: 6 06/27/2002 5:51:14PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 77797 6/27/2002 77798 6/27/2002 77799 6/27/2002 (Continued) Description 77800 6/27/2002 77801 6/27/2002 77802 6/27/2002 77803 6/27/2002 000262 RANCHO CALIF WATER DIST 002654 RANCHO FORD LINCOLN MERC 000947 RANCHO REPROGRAPHICS 005062 RAWLINGS, PHIL 003742 REHAB FINANCIAL CORPORATI 002110 RENTAL SERVICE CORPORATI 002412 RICHARDS WATSON & GERSH£ 77804 6/27/2002 000266 RIGHTWAY 77805 6/27/2002 000418 RIVERSIDE CO CLERK & RECOF 6/27/2002 6/27/2002 6/27/2002 000418 RIVERSIDE CO CLERK & RECOf 000411 RIVERSIDE CO FLOOD CONTR(~ 001592 RIVERSIDE CO INFOTECHNOL( 6/27/2002 004773 RIVERSIDE COUNTY SHERIFFS 6/27/2002' 001624 ROBERTS, GENIE 6/27/2002 6/27/2002 6/27/2002 6/27/2002 6/27/2002 000873 ROBERTS, RONALD H. 000277 S & S ARTS & CRAFTS INC 003576 S Y S TECHNOLOGY INC 000697 SISTER CITIES INTERNATIONA 000645 SMART & FINAL INC 77806 77807 77808 77809 77810 77811 77812 77813 77814 77815 Amount Paid City vehicle maint svcs Oupl. Blueprints:Pauba Rd DupL Blueprints:Comm. Theatre Dupl. Slueprints:Pala Rd Blueprints:Land Dev Dept Reimb:MS73 console/cupholder Loan Servicing-Res Imprv Prgm Loan Servicing-F~ imprv Prgm Equipment rental:TCSD - Equipment rental:PW Jun legal services May legal services April 2000 legal services May legal services 4/02-5/02 Legal Services Jun equip rental - Veteran's Pk Mar Recordings & Copies Feb Releases & Copies Apr/May Recordings & Copies Nrc Exempt Fee:79S Sidewalk Apr Plan Check Svcs:Pala Rd May emerg, radio rental: PD May 2002 Booking Fees Reimb:Team Bldg Mtg:6/19/02 Reimb:CCCA Conf:5/30-6/02/02 Reimb:Ubmry Lobbying:6/04/02 Misc craft supplies:SMART Prgm Intel Pentium 4 Processor for PD Sister Cities 2002 Assoc. Dues High Hopes Prgm Supplies 10,813.69 70.00 7.86 37.09 25.59 5.39 416.70 1,200.00 1,050.00 217.66 127.47 1,923.90 412.50 114,609.54 5,717.25 1,985.82 54.39 28.00 223.00 75.00 64.00 1,702.86 282.75 9,825.60 106.83 155.97 31.00 4,039.74 7,220.28 410.00 125.64 Check Total 10,813.69 70.00 76.93 416.70 2,250.00 345.13 124,649.01 54.39 326.00 64.00 1,702.86 282.75 9,825.60 106.83 186.97 4,039.74 7,220.28 410.00 125.64 Page~ apChkLst 06/27/2002 5:51:14PM Final Check List City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 77815 6/27/2002 000537 SO CALIF EDISON 77817 6/27/2002 (Continued) Description Jun 2~0-397-5059 Vadous Mtrs Jun 2-19-999-9442 Various Mtrs Jun 2-02-351-4946 Sr Ctr May 2~23-548-1975 Marg Rd Jun 2-22-057-2226 6th St Jun 2-20-817-9929 PD Front St Stn Jun 2-18-049-6416 Front St Ped Jun 2-21-911-7892 So. Side Pk Lot Jun 2-22-891-0550 Vadous Mtrs Jun 2-18-937-3152 Wed. Chapel Jun 2-I 1-007-0455 6th St Jun 2-14-204-1615-Front St Rdio Credit:Late Charge on Disputed Amt. Jun 2-21-981-4720 Hwy 79 004496 SPARKS EXHIBITS & ENVIRONk Children's Museum Consult Svcs 77818 6/27/2002 004768 SPLASH DOWN ANCHORS Day Camp T-Shirts 77819 6/27/2002 000293 STADIUM PIZZA 77820 6/27/2002 000752 STONE, JEFFREY E. Credit:Billing Error:lnv# 2167 Refreshments:Skaters Challenge Refreshments:4th of July Mtg Refreshments:SMART Prgm Mtg Reimb:Sister Cities:05/19-05/27/02 77821 6/27/2002 000574 SUPERTONER 77822 6/27/2002 004456 T & M CONSTRUCTION Toner Supplies Toner Supplies Joint Check Agreement 77823 6/27/2002 004456 T & M CONSTRUCTION Joint Check Agreement 77824 6/27/2002 004456 T & M CONSTRUCTION Joint Check Agreement 77825 6/27/2002 000305 TARGET STORE 77826 6/27/2002 003673 TECH 101 ARCUS INC Supplies for 4th of July Parade Day Camp Rec Supplies Digital Camera for TCSD Day Camp Rec Supplies Computer Supplies 77827 8/27/2002 004274 TEMECULA VALLEY SECURITY, City Hall Locksmith Svcs 77828 6/27/2002 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid 7,014.69 2,113.50 1,553.72 49.76 43.84 337.75 249.33 142.83 1,180.93 867.34 369.38 22.64 -93.48 61.78 52,920.00 1,043.83 -8.00 88.24 35.00 33.74 2,115.28 344.80 269.38 7,065.64 3,155.93 2,972.00 38.74 76.10 215.49 168.84 25.86 15.00 40.00 20.00 20.00 Page: 7 CheckTotal 13,g14.01 52,920.00 1,043.83 148.98 2,115.28 614.18 7,065.64 3,155.93 2,972.00 499.17 25.86 15.00 80.00 Page:7 apChkLst Final Check List Page: 8 06/27/2002 5:51:14PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Description Check # Date Vendor 77829 6/27/2002 000919 TEMECULA VALLEY UNIFIED S Feb vehicle fuel expenses Mar vehicle fuel expenses Jan vehicle fuel expenses Apr vehicle fuel expenses May vehicle fuel expenses 77830 6/27/2002 002452 TOP LINE INDUSTRIAL Misc Maintenance Supplies Amount Paid Check Total 701.14 669.49 822.38 971.47 910.24 4,074.72 12.10 12.10 77831 6/27/2002 003031 TRAFFIC CONTROL SERVICE I Traffic Supplies for PW Maint 904.56 904.56 77832 6/27/2002 77833 6/27/2002 004846 UNITED GREEN MARK INC Irrigation supplies:TCSD Irrigation supplies:TCSD Irrigation supplie'~-~TCSD Irrigation supplies:TCSD 004368 VALI COOPER & ASSOCIATES I May Temp Help:Larson 46.55 16.14 104.73 85.13 14,940.00 252.55 14,940.00 77834 6/27/2002 004950 VALLEY MANUFACTURING, IN Pool/Water Safety Coloring Books 500.00 500.00 77835 6/27/2002 004261 VERIZON CALIFORNIA Jun xxx-3564 general usage JUN XXX-2676 GENERAL USAGE Jun xxx-0074 general usage JUN XXX-2626 P.D. TARGET STOREI JUN XXX-3526 GENERAL USAGE 77836 6/27/2002 004789 VERIZON INTERNET SOLUTION Phone svcs/EOC backup @stn 84 55.40 28.67 255.83 225.44 83.11 69.95 648.45 69.95 77837 6/27/2002 003089 WAKEFIELD COMPANY, THE Ddnking Fountain Supplies:Parks 204.00 204.00 77838 6/27/2002 003756 WHITE HOUSE SANITATION Jun cleaning svc:Btrfld Stage 50.00 50.00 77839 6/27/2002 000345 XEROX CORPORATION BILLIN Apr Base Charge:5830 Copier May base charge;5830 copier 80.31 80.31 160.62 Sub total for UNION BANK OF CALIFORNIA: 681,220.52 Page~ apChkLst Final Check List Page: 9 06/27/2002 5:51:14PM City of Temecula 141 checks in this report. Grand Total A~I Checks: 681,220.52 Page~ apChkLst Final Check List Page: 10 06/27/2002 5:51:14PM City of Temecula Bank code: un[on (none) Page:lO ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FI~ANCE~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Genie Roberts, Director of Finance~'t'~'L''/ July 09, 2002 City Treasurer's Report as of May 31, 2002 PREPARED BY: Karen Jester, Assistant Finance DirecteFf::~ Pascale Brown, Senior Accountant RECOMMENDATION: Report as of May 31, 2002. That the City Council receive and file the City Treasurer's DISCUSSION: Reports to the City Council regarding the City's investment portfolio, receipts, and disbursements are required by Government Code Sections 53646 and 41004 respectively. Attached is the City Treasurer's Report which provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of May 31, 2002. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of May 31, 2002 Cash Activity for the Month of March: Cash and Investments as of May 1, 2002 Cash Receipts Cash Disbursements Cash and Investments as of May 31, 2002 City of Temecula City Treasurer's Report As of May 31, 2002 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Certificate of Deposit (Retention Escrow) Certificate of Deposit (Retention Escrow) Checking Account (Parking Citations) Trust Accounts- CFD 98-1 (Money Market Account) Reserve Accounts- CFD 98-1 (Money Market Account) Reserve Account- CFD 98-1 (Local Agency Investment Fund) Trust Accounts- CFD 88-12 (Money Market Account) Delinq. Main. Reserve Account- CFD 88-12 (Investment Agreement) Delinq. Main. Reserve Account - CFD 88-12 (Money Market Account) Reserve Account- CFD 88-12 (Investment Agreement) Reserve Account- CFD 88-12 (Money Market Account) Trust Accounts-TCSD COPs (Money Market Account) Project Account-TCSD COPs (Money Market Account) Project Account-TCSD COPs (Lccal Agency Investment Fund) Delivery Cost Acceunt-TCSD COPs (Money Market Account) Trust Accounts-RDA Refinance Bonds (Money Market Account) Project Account-RDA Refinance Bonds (Money Market Account) Project Account-RDA Refinance Bonds (Local Agency Investment Fund) Admin Account-RDA Refinance Bonds (Money Market Account) Institution Yield City Hall n/a Union Sank n/a Union Bank 0.800 % (Highmark U.S. Treasury) Union Bank n/a State Treasurer 2.740 % Community Bank Bank of Sacramento n/a Union Bank n/a U.S. Bank (First Am. Treasury) 1.480 % U.S. Bank (First Am. Treasury) 1~480 % State Treasurer 2.740 % U.S. Bank (First Am. Treasury) 1.480 % CDC Funding Corp 5.422 % U.S. Sank (First Am. Treasury) 1.480 CDC Funding Corp 5.430 % U.S. Bank (First Am. Treasury) 1~480 % U.S. Bank (First Am. Treasury} 1.480 % U.S. Bank (First Am. Treasury) 1.460 % State Treasurer 2.740 % U.S. Bank (First Am. Treasury) 1.480 % U.S. Bank (First Am. Treasury) 1.480 % U.S. Bank (First Am. Treasury) 1.480 % State Treasurer 2.740 % U.S. Bank (First Am. Treasury) 1.480 % Maturity/ Termination Date 911/2017 (1)-This amount is net of outstanding checks (2)-At May 31, 2002 total market value (including accrued interest) for the Local Agency Investment Fund (LA]F) was $48,026,317,124 The City's proportionate share of that value is $64,803,546. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. $ 67,358,851 25,414.246 (4,531,462I $ 88,241,634 Pa#Book Balance $ 1,500 (6,098,929) (1} 7,095,126 278 (1) 64,752,785 (2) 5,332 742 607 52 500,000 368,563 1,531.469 64 22 2,946 2,686,163 6,422 929 632 16,290,000 54,112 88.241,634 ITEM 5 TO: FROM: DATE: SUBJECT: II APPROVAL H CITY ATTOP~NEY ~! II II DIR. oF ii CITY AGER II // II CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Financ~r~~ July 9, 2002 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: Karen Jest~ssistant Finance Director RECOMMENDATION: That the City Council adopt Resolution 2002-__. entitled: RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) DISCUSSION: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds for the District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City. On May 12, 1998 the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998 special tax refunding bonds in the amount of $18,690,000 were issued. This refunding will result in savings in debt service costs of approximately $2.3 million over twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel for the fiscal year. The calculated special tax required to be levied for the 2002-03 fiscal year is $1,516,094.18. FISCAL IMPACT: The calculated special tax required to be levied for the 2002-03 fiscal year is $1,516,094.18. This amount represents a $54,015.18 or 3.56% increase from the 2001-02 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. 2002- 2 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) WHEREAS, the City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, acting as the legislative body for Community Facilities District No. 88-12 (Ynez Corridor) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,516,094.18 on the pamels which comprise the CFD for Fiscal Year 2002-03 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: Payment of principal and interest on the outstanding authorized bonded indebtedness. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The City Clerk shall certiflj adoption of the resolution. PASSED, APPROVED AND ADOPTED this 9th day of July, 2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9th day of July, 2002, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC Ci~Clerk Special Bonds Outstanding $15,345,000.00 Delinquency Rate for Fiscal Year 2000-01 7.21% Delinquency Rate for Fiscal Year 2001-02 15.57% March '03 Interest September '03 Interest September '03 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Deficit (Surplus) Reserve Adjustment Total Obligation Fiscal Agent Tax Consultant (Webb) Auditor -Controller Foreclosure Counsel Sales Tax Admin Arbitrage Calculations (Series 1992 final) Arbitrage Calculations (Series 1998 interim) City Administration Total Administration Total Obligation Total Administration Prior Year Deficit (Surplus) Total Requirement Administration % of Levy Maximum Authorized Tax City's % of Levy ITOtal LeVy FY 2001-02 Levy Difference 414,468.75 414,468.75 700,000.00 1,528,937.50 1,531,468.75 1,531,532.76 64.01 -64.01 0.00 0.00 1,528,873.49 828,937.50 Prior Year Currant Year Actual Levy 3,312.00 4,000.00 8,000.00 8,000.00 0.00 200.00 8,060.72 20,000.00 0.00 5,000.00 0.00 0.00 0.00 2,500.00 30,000.00 30,000.00 49,372.72 69,700.00 1,528,873.49 69,700.00 (82,479.31) 1,516,094.18 8,073,879.01 1,516i094~d81 4.60% 1.98% 1,462,079.00 54,015.18 3.56% ACCOUNT DESCRIPTION ACCOUNT FUNDS BALANCE AVAILABLE As of 5~30~02 FOR SEPT P & I Special Fund Delinquency Maintenance Fund Reserve Fund Bond Fund Administrative Account Total Funds Available 1,177,855.88 1,177,855.88 868,563.05 1,531,532.76 52.18 52.18 26,778.79 3,604,782.66 1,177,908.06 Collection Subtotal Funds Needed for Sept. P & I Other Sources: Reserve Fund Delinquency Maintenance Fund Total of Other Sources 1,177,908.06 1,095,428.75 .... 82 4-~9,31 i 1,531,532.76 868,563.05 2,400,095.81 ITEM 6 APPROVAL CITY ATTORNEY ~ D RECTOR OF F~J,~_NCE CITY MANAGER .'-T~' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: James O'Grady, Assistant City Manager DATE: July 9, 2002 SUBJECT: FY2002-03 Economic Development Operating/Marketing and Sponsorship Agreements Prepared by: Gloda Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council: 1) Approve operating/marketing agreements and authorize the Mayor to execute the following agreements: · The Temecula Valley Chamber of Commerce in the amount of $148,000. · The Economic Development Corporation of Southwest Riverside Coun~ in the amount of $20,000. · The Temecula Valley Film Council in the amount of $27,000. · The Southwest Riverside County Economic Alliance in the amount of $75,000. 2. Approve sponsorship and funding agreement for the Project Kids "Endless Dream's" Summer Benefit in the amount of $1,500 and authorize the Mayor to execute the agreement. BACKGROUND: For a number of years, the City has had a philosophy of partnering with other agencies to lend synergy to our economic development efforts. The Economic Development Sub-committee, consisting of Mayor Ron Roberts and Councilmember Jeff Comerchero, and Staff met with the City's marketing partners to discuss their funding and operations on Monday, April 8th. At that time representatives from each of the organizations made presentations and previded additional information to the Subcommittee members. The subcommittee's recommendations were incorporated in the City's FY 2002-03 Operating Budget, which was approved by the City Council on Tuesday, June 11, 2002. Each organization has provided a summary of materials including their work plan, financials and services that they provide (see attachment A). Also, attached are operating/marketing and sponsorship agreements for each organization for the FY2002- 03 term. Funding of each of their programs/event will be allocated as follows: R:\Wolnickg~Agendareports~O02-03 E. D. Operating Agreements.doc 1 Temecula Valley Chamber of Commerce $148,000 Economic Development Corporation of Southwest Riverside County $ 20,000 Temecula Valley Film Council $ 27,000 Southwest Riverside County Economic Alliance $ 75,000 Project Kids "Endless Dream's Summer Benefit $ 1,500 Total $271,5OO These agencies and their recommended programs, which are funded for FY2002/03 are as outlined in this report. Temecula Valley Chamber of Commerce The Chamber primarily supports the area's small business community, as well as provides walk-in visitor and toudst information. In addition, the Chamber responds to requests for toudsm, relocation and business inquiries and sends corresponding information to prospective visitors, residents and potential businesses. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the Chamber Membership. In cooperation with the school district, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among business, educators and students. The Chamber received $148,000 for FY 2001-02. The Chamber's request in the amount of $148,000 was budgeted in the FY 2002-03 Operating Budget. The Chamber of Commerce will provide an independent certified public accountant audit of the Chamber Financial Statements and will submit it to the City by December 30, 2002. Economic Development Corporation of Southwest Riverside County The EDCSWRC's main focus for the organization will be to continue its successful business retention and expansion program for the sub-region including the Temecula, Murdeta, and Lake Elsinore communities. The partnership with the Southwest Riverside County Manufacturers' Council has furthered the efforts of the business retention and expansion program by developing relationships within the manufacturing community and providing forums for information gathering and shadng. The affiliation with the Manufacturer's Council has provided inroads for the EDCSWRC to work with our universities and community colleges on vocational training. In addition, the EDCSWRC works closely with City Staff and the County of Riverside to increase its business retention efforts as well. The EDCSWRC serves as an information source via its website providing such information as statistical data on the labor force, data on the araa's industrial and manufacturing business base and outreach programs undertaken by the organization. The EDCSWRC hosts the Loopnet link to its website, which provides commemial property listings of available sites for lease or sale in Southwest Riverside County. The EDCSWRC received $20,000 for FY 2001-02. The EDCSWRC's request of $20,000 was budgeted in the FY 2002-03 Operating Budget. This will provide funding for the operations of the organization including business retention/development programs, a newsletter, and quarterly informational luncheon meetings. R:&Wolnickg~Agendareports~002-03 E. D. Operating Agreements.doc 2 Temecula Valley Film Council The purpose of the Temecula Valley Film Council is to attract and facilitate location production in the Temecula Valley by acting as a liaison between the film industry and the community. The Film Council actively seeks filming, video production, and still photography, which generates direct economic benefit to the area through location fees and the purchase of goods, services and labor. Residual tourism benef'~s also arise from the area exposure in film, television and print. The Temecula Valley Film Council (TVFC), has been in existence for ten years, and works in cooperation with the Inland Empire Film Commission (IEFC). Both organizations coordinate and follow-up on requests for locations in the Temecula area. All location scouting and filming in the Temecula area is reported monthly to the IEFC and is included in their report to the State Film Commission. A goal of FY2002/03 will be to update the film permitting process. The Film Council received $27,000 for FY 2001-02. The Film Council's request of $27,000 was budgeted in the FY 2002-03 Operating Budget. This will provide funding for the operations of the organization, attendance at trade shows, website maintenance, and development of an updated Production Guide. The Southwest Riverside County Economic Alliance Since 1999, the cities of Temecula, Murfieta, Lake Elsinore and Riverside County have partnered to market Southwest Riverside County through the Southwest Riverside County Economic Alliance. The Alliance provides marketing services to the member cities and unincorporated county area in an effort to enhance the image of this region and stimulate private investment and job creation to this economy. This business attraction partnership allows Temecula to leverage its funds with other agencies for this regional effort. Attached is an agreement that provides for a one-year extension of this program. Under this concept, the marketing program will consist of advertising, business attraction/retention, and trade shows. Other services also provided by Riverside County under this agreement would include: · · One (1) County staff representative and consultant Facility for two representatives · Equipment · Transportation Supervision Expertise in the marketing field Costs of this program will be allocated as follows: Riverside County City of Temecula City of Murrieta City of Lake Elsinore Total $135,000 (estimated value of staff, space and expenses) $ 75,000 $ 5O,000 $ 25,000 ($10,000 in cash, balance in-kind services not to exceed $15,000) R:~Woln~ckg~,gendarepo~ts~002-03 E. D. Operating Agreements.doc 3 Proiect Kids "Endless Dream's" Summer Benefit Staff has received a request from Project Kids to provide $1,500 for the "Endless Dreams" Summer Benefit event. This event will be held at The Diamond in Lake Elsinore, on Saturday, September 21, 2002. This is the first year for this event. The =Endless Dreams" Summer Benefit is a day long event, which will consist of: Wine tasting featuring some of Temecula's winedes "Taste of Southwest Riverside County' featuring restaurants from Temecuta, Murdeta, and Lake EIsinore Classic Woody Car Show Silent Auction Beach music threughout the day Evening concert by "The Beach Boys" The attendance is expected to reach 3,000 - 5,000 spectators. Proceeds from the summer benefit will be donated to the Assistance League of Temecula Valley, a non- profit organization dedicated to meeting the needs of needy/disadvantaged children with the communities of Temecula, Murrieta, Lake Elsinore and Menifee. The Assistance League appreciates this fund raising opportunity and is supportive of the arrangement. The advertising campaign will consist of local radio, newspaper, billboard, posters, local cable television, and listing on "The Beach Boy's' tour schedule. A sampling of event sponsors include AT&T, Qualcomm, The Promenade in Ternecula, KATY 101.3 fm, Temecula winedes and The Californian. Projects Kids was founded by John Occhipinti and was formed to help non-profit organizations reach out and support needy/disadvantaged children within Southwest Riverside County. FISCAL IMPACT: Appropriate funding for the organizations is available in the FY 2002-03 Economic Development Department Operating Budget #001-111-999-5264. Adequate funds for Project Kids have been included in the FY 2002-03 Economic Development Department Operating Budget #001-111-999-5266 for the recommended sponsorship. ATTACHMENTS: lA lB Temecula Valley Chamber of Commerce Support Information City/Chamber Operating Agreement 2B Economic Development Corporation of Southwest Riverside County Support Information City/Economic Development Corporation of Southwest Riverside County Operating Agreement 3A Temecuia Valley Film Council Support Information 3B City/Film Council Operating Agreement R:'~Wolnickg~,gendarepo~ls~2002-03 E. D. Operating Agreements.doc 4 4A Southwest Riverside County Economic Alliance Support Information 4B . City/Southwest Riverside County Economic Alliance Marketing Agreement 5A 5B 5C 5D 5E "Endless Dreams" Summer Benefit Event Overview Sponsorship Benefits Budget Event Management Qualifications Ck'y/Project Kids Sponsorship Agreement R:tWolnickg~Agendareports~002-03 E. D. Operating Agreements.doc 5 ATTACHMENT lA TEMECULA VALLEY CHAMBER OF COMMERCE SUPPORT INFORMATION R:\Wolnickg~Agenclareports~2002.03 E. D. Operating Agreements.doc 5 27450 Ynez Road, Suite 124 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 March 22, 2002 James B. O'Grady Assistant City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92592 Dear Jim, Thank you for your letter dated March 7, 2002 concerning the request for funding. The Temecula Valley Chamber of Commerce will be requesting funding for services to be provided to the City of Temecula during its next fiscal year. Per your request we are enclosing the following information: 1. This letter requesting funding for services provided. 2. Funding be allocated quarterly as per the City's recommendation last year. 3. Changes include Talk of the Town seats and based on overall increase in population and actual Chamber statistics. 4. The Chamber's overall budget. 5. Financial (profit and loss) statement is enclosed. As per the Economic Development Sub-committee's request last year, we are presenting the budgeted cost for the line items. This year the Chamber will be requesting the same amount as last year $148,000.00 to continue providing the best possible services to the City of Temecula. This funding request will be honored by the Temecula Valley Chamber of Commerce to provide a sponsorship for the Installation Dinner to include 20 seats; 20 seats to the State of the City and 10 seats to Talk of the Town at no additional cost to the City. We appreciate the City's partnership and recognition of the Chamber's valuable contribution to Temecula. We look forward to meeting with you and the Economic 8th t ' ' ' Development Sub-committee on April o discuss the opportunities of our continued joint efforts. Sincerely, City Contract Services Provided by Temecula Valley Chamber of Commerce Projected Budget for July 2002 - June 2003 Services Provided Cost Tourism ~Valk-in/Telephone Traffic $39,490 Visitors Guides $1,80(3 Postage/Printing Materials $1,80(3 Internet-Tourism Info $2,16(; Weekend Visitors Center $3,740 Temecula-So. California Brochure $2,430 Trade Show Participation $2,700 Faro Tour Participation $2,590 Marketing Committee Participation $1,450 Tourism Council in Newsletter $2,160 Tourism CD Rom $740 Email Response $1,080 Community Information Walk-in/Telephone Traffic $12,72(3 City Maps $2,46(3 ' Demographic Information $1,600 Relocation Packets $3,230 Housing/Apartment Listings $890 Special Events $4,260 Climate Listing $280 Salendar of Events $1,200 Internet-Organizations, Churches, Campgrounds $230 Email Response $800 City Promotions Shop Temecula First Campaign (2) $960 Business of the Month Program $2,160 Business Showcase $7,20(3 Keynote Speaker Event $7,200 Myste~ Shopper Campaign $5,40(3 State of the City $300 Talk of the Town $200 Monthly Newsletter Articles (City) $5,280 Installation Dinner $5,000 Balloon & Wine Festival City/Chamber Booth $220 ~/isitor Surveys $520 Education/Government Youth Job Fair $1,360 Issue Awareness $7,930 _Good Morning Sacramento Forum $1,16(~' G_ood Morning Washington Forum $1,16(3 Voter Education Campaign $5,66(~ E_conomic Development Market ng Campaign Welcoming Committee (Ribbon Cuttings) $2,880 Business Inquiries $3,600 ¥otal for Services $148,000 O0 O0 0 O0000'O0000001'O,O,,O0~ 0 00000 00~000 0 0 00~ ~ooooooo~mooo o o ooo~ 0 0 0 o (DO 0 O0 0 0 000~000~00'0, 00~000 O0 0 o cD O0 ,~8,~.~ _ ~'~ ~ s Z o 0 0 0 0 0 0 Temecula Valley Chamber of Commerce Balance Sheet September 30, 2001 Current Assets Checking - FNB 2172715 Scholarship Fund Money Market - FNB 2541281 Cap Impv Fnd - FNB 2545120 CD Pacific Trust CBT Business Moneyplus Petty Cash Other Receivables Prepaid Expenses Total Current Assets Property and Equipment Office Furniture & Equipment Construction in Progress Accum Depr- Off Furn & Equip Total Property and Equipment Other Assets Total Other Assets Total Assets Current Liabilities Accounts Payable FUTA Tax Payable Health Ins - Employee W/H Retirement - Employee W/H Deferred Revenue Total Current Liabilities Long-Term Liabilities Total Long-Term Liabilities Total Liabilities NET ASSETS Beginning Balance Net Income Total Net Assets Total Liabilities & Net Assets ASSETS 3,469.74 107.54 37,616.79 48,264.97 42,601.84 3,757.92 200.00 1,650.00 60.47 109,702.39 227,398.54 <59,761.00> 137,729.27 277,339.93 0.00 $ 415,069.20 LIABILITIES AND NET ASSETS 327.26 112.18 440.00 1,350.00 46,800.00 49,029.44 319,214.35 46,825.41 0.00 49,029.44 366,039.76 $ 415,069.20 See .4ccottntants' Compilatlo. Report ATTACHMENT lB CITY/CHAMBER OF COMMERCE OPERATING AGREEMENT R:~Wolnickg~,gendareports~002-03 E. D. Operating Agreements.doc AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement, made in triplicate, this 9th day of July, 2002, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY CHAMBER OF COMMERCE, a California nonprofit corporation (hereinafter referred to as "CHAMBER") with reference to the following facts which are acknowledged by each party as true and correct: I. RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The Chamber has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving a public purpose. II. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. Chamber shall undertake, during the 2002-2003 fiscal year, to carry on promotional activities on behalf of City and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer all correspondence relative to the business, industrial, and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Government Action Committee. Organize a City of Temecula Council Candidates Forum inviting the membership and community. 4. To prepare a long lead event calendar. 5. Assist in trade show and Familiarization Tour participation. 6. Develop and execute marketing seminars. R:\Wolnickg~ponsorcd Evcnts\Chambc~ agmemeat 2002.doc 1 7. Coordinate the welcoming committee with the EDC. 8. To assist potential businesses in opening and relocating to Temecula. 9. To assist in the development and implementation of a city-wide marketing plan to promote tourism and business expansion. 10. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 11. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 12. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President/CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 13. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 14. Produce and update relocation packets for new residents. 15. Provide demographic information to interested individuals. 16. Organize events to promote goodwill in the City such as the Shop Temecula First Campaign, Legislative Summit, Business Showcase, State of the City Luncheon (20 seats), Installation Dinner (20 seats), and Talk of the Town (10 seats). 17. Maintain and update Chamber web-site. 18. Update and reprint Visitor Guide, which will include a detailed Old Town Temecula section. The Chamber shall supply City with a minimum of 2,000 Visitor Guides for distribution at no cost to City. 19. Update and repdnt City Maps. The Chamber shall supply City with a minimum of 2,000 City Maps for distribution at no cost to City. B. That in consideration of the services to be performed by Chamber for City, as set forth in paragraph 1 hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of $148,000 for the fiscal year 2002-03, payable upon receipt of invoice quarterly beginning on execution of this Agreement. C. In the event the City of Temecula should desire any additional service, Chamber shall, upon request of City, furnish a proposal including an itemized statement of the estimated R:~Wo~nickg~Sponsoted Events\Chamber agreement 2002.doc 2 may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City of Temecula and the Chamber, as herein provided, the City will pay to Chamber the cost thereof, and the Chamber shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of Chamber showing the basis of said claims, and certified by proper officers of Chamber. Chamber shall not be entitled to receive any compensation for its normal services or expenses. D. The PresidentJCEO of the Chamber shall prepare and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of Chamber. Said report shall be prepared in a format acceptable to the City of Temecula and is requested by the second Friday of each month. E. Chamber agrees that it will defend, indemnify and hold the City and their respective elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Chamber's acts or omissions or those of Chamber's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. F. Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and workers' compensation and employees' Liability Insurance in which the City of Temecula is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City of Temecula. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall; 1. Include the City of Temecula as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 2. Include the City of Temecula, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims adsing out of, or in connection with, the Agreement. 3. Provide the following minimum limits: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. R:\Wolnickg~S ponsored Events\Chamber agreement 2002.doc 3 4. The insurer shall agree to waive all dghts of subrogation against the Agency, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 5. Bear an endorsement or shall have attached adder whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 6. Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. G. Should any litigation be commenced between the parties hereto conceming the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. H. This Agreement shall be effective for the fiscal year commencing July 1, 2002, and terminating June 30, 2003. I. This Agreement may be terminated by either party upon thirty (30) days written notice with any sums due and payable hereunder. J. Chamber shall promptly furnish the City of Temecula, an independent certified public accountant audit of the Chamber financial statements by December 30, 2002. R:~Wolnickg~ponsored Events\Chamber agreement 2002.doc 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OFTEMECULA TEMECULA VALLEY CHAMBER OF COMMERCE Ronald H. Roberts, Mayor Ronald E. Bradley Chairman of the Board ATTEST: Susan Jones, CMC City Clerk Alice Sullivan President/CEO APPROVED AS TO FORM: Katherine Eggers Treasurer Peter Thorson, City Attorney Joan Tussing Secretary A,qenc¥ Information Temecula Valley Chamber of Commerce 27450 Ynez Rd., Suite 124 Temecula, CA 92591 (909) 676-5090 R:\Wolnickg~Sponsored Evems\Chamber agreement 2002.doc 5 ATTACHMENT 2A ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY SUPPORT INFORMATION R:~Wolnickg~Agendareports~2002.03 E. D. Operating Agreements.doc OFFICERS Gary Youmans Communie National Bank Prosi&nt Ron H olliflay City of Mu~iela Vice President Phil Oberhaasley, Esq. Cannon Parks O Oberhanslff Keith Johnson Mission Oaks National Bank EXECUTIVE COMMITTEE Marlene nest Cie Of I~ks EL)tore Jeff Comerchero Cie of Te~e~l~ Stevle Field Riverside Coune ED~4 Lori Moss Cie of M~nieta Susan Norton Guidant Co~oration James O'Grady Cie of Temecul4 Al Sabsevitz Ve~n DIRECTORS-AT-LARGE Inland Valley Medical Center Mike Doblado The Promenade In Temeeula Dennis Frank UC Riverside Extension Darren Gill DOD Construction Ted Hating Eastern Munidpal W~ater DisMct Bruce Keeton Keeton Construction Dick Kurtz CDM Group, Inc. Michael Lewin Mimu Edwar& Cannon Harter Lenin Rex Oliver MuMeta Chamber of Commerce David Phares D.L Phares O Associates Bonnie Renz-Hanna Diversified, The Xtaffmg Xolution Claude Reinke The Cahfornian David Rosenthal £1VRC M~ct~rers' Connd/ Lofie Schulenberg Ca~fornia Bank O Trust March 21, 2002 Jim O'Grady City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: FUNDING REQUEST FOR FY 2002-03 Dear Jim: The Economic Development Corporation of Southwest Riverside County (EDCSWRC) is pleased to submit for your review the organization's draft operating budget for FY 2002-03 and financial statements ending June 30, 2001. Our funding request for the amount of twenty thousand dollars ($20,000) is reflected as anticipated revenues in the draft budget under City Participation. We hope to secure the funding in July 2002, which coincides with a planned membership campaign. There are no anticipated changes to the existing contract between the City and EDCSWRC. Scope of services will continue with business retention and development, community outreach, and education programs. Thank you for considering this request. We look fonvard to meeting with the Economic Development Subcommittee on April 8, 2002. Respectfully, ~_~'Diane Sessions Executive Director cc: Gary Youmans, EDC President encl.: Draf~ Operating Budget FY 2002-03 Financial Statements ending June 30, 2001 Special Event DraR Budget 2002 Post Office Box 1388 · 27447 Enterprise Circle West, Suite #101 · Temecula, CA 92593-1388 Office 909/600~064 · FAX 909/60(g6005 · Email info@edoswrc.org · www. edc-swrc.org EDC SOUTHWEST RIVERSIDE COUNTY DRAFT OPERATING BUDGET JULY 1, 2002 TO JUNE 30, 2003 Revenue Membership - Cash Membership - In Kind Services City Participation County Participation Special Event Revenue (golf) Quarterly Luncheons Interest Income TOTAL REVENUE $ 40,000.00 $ 2,480.00 $ 30,000.00 $11,200.00 $ 25,500.00 $ 9,000.00 $ 1,100.00 EXPENDITURES Total Personnel Services $ 63,000.00 TOTAL PERSONNEL EXPENSES Direct Operating Expenses Advertising rnsurance Office Supplies Equipment repairs Telephone Postage Printing/copying/binding Dues/memberships Conference/training Travel Rent Website Taxes & License Miscellaneous Expenses Professional Fees Total Direct Operating Expenses $ 200.00 $ 2,430.00 $ 1,500.00 $ 300.00 $ 1,800.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,500.00 $ 500.00 $11,200.00 $ 2,900.00 $ 150.00 $ 100.00 $ 200.00 Direct Program Expenses Membership Drive Newsletter Expense Quarterly Luncheons Golf Tournament Total Direct Program Expenses $ 2,000.00 $ 3,000.00 $ 9,000.00 $ 14,500.00 $63,000.00 $27,780.00 $28,500.00 $119,280.00 TOTAL EXPENDITURES $119,280.00 EXCESS EXPENDITURES OVER REVENUE $ Post Office Box 1388 · 27447 Enterprise Circle West, Suite #101 · Temecula, CA 92593-1388 Office 909/60(~6064 * FAX 909/600~005 · Email info@edc-swrc.org · v~w. edc-swrc.org ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY 2002 Projected Golf Tournament Revenues and Expenses Revenues Major Sponsors 3 Premier Sponsors ~ $2,000 1 Banquet Sponsor ~ $1,250 5 Major Sponosrs 65500 $ 9,750.00 Hole Sponsors $ 1,800.00 18 Holes ~ $100 Golfers $12,000.00 120 ~ $100 Raffles and Contests $ 2,000.00 lOO @ $2o Total Expenses Golf Tournament 120 ~ SS0 plus tax Banquet w/tax & tip $ 0 Signs & Banners $ 2,200.00 18 holes / 9 sponsors / 3 auto Printing Programs $ 0 Snacks/Fruit $ 100.00 Beer/Soda/Water//ce $ 200.00 Misc Items/Raffle Tickets $ 150.00 Trophies/Engraving $ 650.00 Sponsor Tables/Linens $ 200.00 Golf Prizes $ 500.00 Total Total Revenues Over Expenses $10,344.00 $25~550.00 $14~344.00 $ 11~156.00 Post Office Box 1388 · 27447 Enterprise Circle West, Suite #101 · Temecula, CA 92593-1388 Office 909/60(g6064 · FAX 909/600-6005 · Email info@edc-swrc.org · www. edc-swrc.org ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BALANCE SHEET JUNE 30, 2001 ASSETS CURRENT ASSETS Cash in checking - Calif Bank & Trust Money Market - Calif Bank & Trust Prepaid expenses $ 1,237 67,835 2451 TOTAL CURRENT ASSETS $ 71,523 PROPERTY & EQUIPMENT Equipment Less :Accumulated Depreciation NETPROPERTYANDEQUIPMENT TOTALASSETS 16,076 (15,583) 493 72,017 LIABILITIES AND FUND BALANCES FUND BALANCE Fund balance, beginning $ 65,752 Excess (deficit) of revenues over expenses 6,264 TOTAL FUND BALANCE TOTAL LIABILITIES AND FUND BALANCE 72,017 $ 72,017 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHVVEST RIVERSIDE COUNTY STATEMENT OF REVENUES AND EXPENSES FOR THE MONTH AND TVVELVE MONTHS ENDED 06/30/01 REVENUES Memberships - cash City contracts County conthbution * Special event revenue (golf) Quarter~ luncheons Intererst income Miscellaneous Income Period $ 0 0 10,777 6,826 125 125 0 TOTAL REVENUES 17,852 0 0 7~637 0 7,637 EXPENSES PERSONNEL SERVICES Director - temporary set, cos Director - medical reimbursement Secretary - temporary se~.ices Consulting fees TOTAL PERSONNEL SERVICES ADVERTISING/CONSULTING/INSURANCE Accounting 0 Consulting lees - general 0 Insurance o general 223 TOTAL ADVERTISING/CONSULTING/INSURANCE 223 Date $ 29,850 30,000 10,777 19,276 7,278 2,244 9,629 109,054 0 0 47,831 0 47,831 0 177 0 2~357 2,534 DIRECT OPERATING EXPENSES (3ffice supplies 342 1.350 Maintenance supplies 0 0 Minor equipment/small tools 0 0 Equipment repairs 0 0 Telephone 155 1.849 Postage 302 2,150 Printing/copying/binding 534 1.351 Dues/memberships/subscriptions 36 359 Iofemet 0 0 Website 177 7,338 Conference/trainingN~rkshops 60 983 Travel 48 681 Meals/entertainment 0 0 Rent 898 9.879 Taxes & License 0 100 Legal fees 0 0 Miscellaneous 25 229 TOTAL DIRECT OPERATING EXPENSES 2,577 DIRECT PROGRAM EXPENSES Membership (ddve. directory, plaques) $ 0 Public relations/marketing 0 Newsletter expense 0 Quarterly luncheons 0 Trade show attendance 0 Golf toumameof 10~812 TOTAL DIRECT PROGRAM EXPENSES 10.812 EQUIPMENT EXPENSE Equipment lease 0 TOTAL EQUIPMENT EXPENSE 0 TOTAL EXPENSE 21~248 EXCESS (DEFICIT) OF REVENUES OVER EXPENSES $ 13~396} * County conthbution is in the form of monthly office rent which will be reimbursed back to the ED(; at fiscal year-end ~$10.776.96 26.168 $ 0 0 984 7,869 0 17~403 26,256 0 0 102~789 $ 6~264 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY STATEMENT OF CASH FLOWS FOR THE MONTH AND TWELVE MONTHS ENDED JUNE 30, 200'1 CURRENT PERIOD YEAR TO DATE NET CASH FLOW FROM OPERATING ACTIVITES EXCESS (DEFICIT) OF REVENUES OVER EXPENSES $ .(,.3.,;~). ....................... .$. ............. ..6...2..6..4. .............................. ADJUSTMENTS TO RECONCILE NET INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITES (Incr.) decr. in prepaid expenses TOTALADJUSTMENTS NET CASH FLOW FROM OPERATING ACTIVITES 223 2 357 223 2 357 $ (3,1732 ....................... .$. ............. .8....6..2..~ .............................. CASH FLOWS FROM INVESTMENT ACTIVITES CASH FLOWS FROM FINANCING ACTIVITES NET INCREASE (DECREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS, BEGINNING 74,92..0. ...................................... .6. ;~_.1..~..5. .............................. CASH AND CASH EQUIVALENTS, ENDING $ 71,746 $ 71,746 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY STATEMENT OF REVENUES AND EXPENSES FOR THE TWELVE MONTHS ENDED JUNE 30, 2001 Months 12 REVENUES Percent 100.00% Memberships - cash TOTAL REVENUES EXPENSES PERSONNEL SERVICES Director - temporary ser~ces Director - medical reimbursement Secretary - temporary services Consultin0 fees TOTAL PERSONNEL SERVICES Year To Year To Date Variance Annual Balance Date Budget Budget Rematnlng 29,850 55,000 (25,150) 55,000 (25,150) 30,000 30,000 0 30,000 0 10,777 10,800 (23) 10,800 (23) 19,276 18,800 476 18,800 476 7,278 4,000 3,278 4,000 3,278 2,244 1,500 744 1,500 744 9,629 500 9,129 500 9,129 109,054 120,600 (11,546) t20,600 (11,546) 0 0 0 0 0 0 0 0 0 0 47,831 60,000 (12,169) 60,000 12,169 0 0 0 0 0 47,831 60,000 (12,169) 60,000 12,169 0 0 0 0 0 177 300 (123) 300 123 0 6,500 (6,500) 6~500 6,500 2,357 2,000 357 2,000 (357I 2,534 8,800 ¢,266) 8,800 6,266 ADVERTISING/CONSULTING/INSURANCE Accounting Advedffiing Consulting fees - general Insurance - general TOTAL ADVERTISING/CONSULTING/INSURANC DIRECT OPERATING EXPENSES Office Supplies Maintenance supplies Minor equipm enfJsm all tools Equipment repairs Telephone Postage P dedng/copying/binding Dues/m em bemhips/subscdptions Intemet Wehs~e Conference/t raininoA~orkshops Travel Meals/entertainment Rent Tazes & License Legal fees Miscellaneous TOTAL DIRECT OPERATING EXPENSES 1,350 1,500 (150) 1,500 150 0 100 (100) 100 100 0 100 (100) 100 100 0 0 O 0 0 1,849 3,000 (1,151) 3,000 1,151 2,150 3,000 (850) 3,000 850 1,381 4~000 (2,649) 4,000 2,649 359 300 59 300 (59) 0 0 0 0 0 7,338 7,500 (162) 7,500 162 983 1,500 (517) 1,500 517 581 500 81 500 (81) 0 100 (100) 100 100 9,879 10,800 (921) 10,800 921 100 200 (100) 200 100 0 0 0 0 0 229 100 129 100 (129/ 26,168 32,700 (6,532) 32,700 6,532 DIRECT PROGRAM EXPENSES Membership (dm/e, directory, plaques) Public relations/marketing Newsletter expense Quatte8y luncheons Trade show attendance Gofftoumament" TOTAL DIRECT PROGRAM EXPENSES 0 2,000 (2,000) 2,000 2,000 0 100 (100) 100 100 984 4,000 (3,016) 4,000 3,016 7,869 4,000 3,869 4,000 (3,869) 0 200 (200) 200 200 17,403 8~800 8,603 8,800 (8,603) 26,256 19,100 7,156 19,100 (7,156) EQUIPMENT EXPENSE Equipment lease TOTAL EQUIPMENT EXPENSE TOTAL EXPENSE 0 0 0 0 0 0 0 0 0 0 102,789 120,600 {17,811) 120,600 17,811 0 6,264 0 EXCESS (DEFICIT) OF REVENUES OVER EXPENSES $ 6r264 *Counly contribution is in the form of monthly office rent which will be reimbursed back to the EDC at fiscal y~ar-end {~ $10,77696 ~ Golf toumy expense of $5,991 55 from FY 1999-2000 was invoiced and paid in current FY ATTACHMENT 2B CITY/ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY OPERATING AGREEMENT R:\W~nickg~Agendareports~002-03 E. D. Operating Agr~ements.do¢ AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY REGARDING THE PROVISION OF ECONOMIC DEVELOPMENT SERVICES This Agreement, made in triplicate, this 9th day of July, 2002, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY, a California nonprofit corporation (hereinafter referred to as "EDCSWRC") with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The EDCSWRC has special knowledge, experience and facilities for accomplishing economic development activities. C. The City now desires to retain the EDCSWRC to accomplish various economic activities and the EDCSWRC is willing to be so retained pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: OPERATIVE PROVISION,q 1. RESPONSIBILITIES OF THE EDCSWRC 1.1 The EDCSWRC shall undertake, dudng the 2002-03 fiscal year, to carry on the EDCSWRC's scope of services as listed in the attached executive summary (refer to Exhibit #1), which is attached to and made a part of this agreement. These services include business relations, business development, community outreach, and education programs. These duties may be adjusted from time to time as agreed upon by the EDCSWRC and the City. 1.2 The Administrator of the EDCSWRC shall prepare and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of the EDCSWRC. Said report shall be prepared in a format acceptable to the City of Temecula and submitted to the City by the second Friday of each month. 2. PAYMENT TO EDCSWRC 2.1 In consideration of the services to be performed by the EDCSWRC for the City as set forth in paragraph 1 hereof, the City hereby agrees to pay the EDCSWRC, the sum of $20,000. This shall be considered a payment for services rendered from July 1, 2002 through June 30, 2003. 2.2 In the event the City should desire any additional services, the EDCSWRC may, upon request of the City, furnish a proposal including, an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof by the EDCSWRC and the City, as herein provided, the City will pay to the EDCSWRC the cost thereof and the EDCSWRC shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the EDCSWRC showing the basis of said claims, and certified by proper officers of the EDCSWRC. 3. INDEMNIFICATION The EDCSWRC agrees that it will defend, indemnity and hold the City and its elected officials, officers, agents, and employees free and harmless from claims for damage to persons or property by mason of the EDCSWRC's acts or omissions or those of the EDCSWRC's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. 4. INSURANCE The EDCSWRC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of workers compensation and employers' Liability Insurance in which the City is the named insured or is named as an additional insured with the EDCSWRC and shall furnish a Certificate of Liability Insurance to the City Manager of the City of Temecula before execution of this Agreement. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: 4.1 Include the City as the insured or named as an additional insured covedng the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 4.2 Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. Provide the following minimum limits: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 2 R:\Wol nickg\Sponsored EventskEDCSWRC Agreement 2002.doc Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4.3 The insurer shall agree to waive all dghts of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 4.4 Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 4.5 Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees; or the EDCSWRC shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 5. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. 6. TERM This Agreement shall be effective for the fiscal year commencing July 1, 2002, and terminating June 30, 2003. 6.1 This Agreement may be terminated for any reason, by either party upon thirty (30) days wdtten notice with any sums due and payable hereunder for services actually performed. 7. 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 R:\Wolnickg~Sponsomd Events~EDCSWRC Agr~nnent 2002.doc 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHVVEST RIVERSIDE COUNTY Ronald H. Roberts, Mayor Gary Youmans, President ATTEST: Susan W. Jones, CMC City Clerk Phil Oberhansley, Secretary APPROVEDASTO FORM: Peter Thorson, City Attorney A.qenc¥ Information Economic Development Corporation Of Southwest Riverside County P.O. Box 1388 Temecula, CA 92593-1388 4 EXHIBIT #1 EDCSWRC's Scope of Services R:~Wolnickg~Sponsored EvcnIs~EDCSWRC Agreemcm 2002.doc ~21--202 4:12PM FROM P. 2 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY Implementation Plan 200~2003 Executive Summary The implementation Plan was compiled by board members and member affiliates as a result of board meeting discussions, ongoing EDC services, and input from the general membership and economic development experts.. The EDC Board of Directors may add or delete items below as needed with Board approval. The plan centers on six key areas, but is not limited to the following: I. Retain and expand businesses in Southwest Riverside County. Create a synergy between the business community, public agencies, education and training facilitators, utility providers, technology industries, business finance affiliates, developers, commercial real estate agencies, and economic development organizations in the region. 3. Facilitate a streamlined environment where public and private entities can work in partnership for the creation and retention of regional employment. 4. Facilitate community outreach to all businesses via newsletters, website, luncheons, and seminars that provide a large array of economic development resources. 5. Be an advocate/voice for local businesses on economic issues that challenge or enhance industry. 6. Support a business environment that promotes economic growth and creates a desirable lifestyle in which members of the community can live and work. The EDC will continue to expand its membership to fund the efforts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Memberstfip is centered in the cities of Lake Elsinore, Murrieta, Temecula, and unincorporated areas in southwest county. Southwest Riverside County needs the EDC to take a leadership role to help develop and maintain quali.ty jobs in the area. Successful implementation of objectives will ensure that businesses in the region will expand, new businesses will be attracted to the area, and more jobs will be generated. With quality jobs created, the large commuter population can work in the communities they reside. This will produce an ideal balance between an already desirable place to live and a business environment that supports its residents. ATTACHMENT 3A TEMECULA VALLEY FILM COUNCIL SUPPORT INFORMATION R:~Wolnickg~Agendareports~002-03 E. D. Operating Agreements.doc James B. O'Grady Assistant City Manager City of Temecula 43200 Business Park Ddve Temecula, CA 92590 Dear Jim: Mamh 22, 2002 It's been another very busy year for the Temecula Valley Film Council. This year we have tripled our locations photo files with "The Great Temecula Shootout". The first sets of new photos were well received at ShowBiz Expo and increased our telephone inquiries after the show. The "Temecula Through Our Eyes" calendar was delayed by our artist's computer problems, creatively changing it to a March through February calendar, we were able to send out 250 copies to film and locations reps and will take more to Locations Expo. Our first postcards and magnets are just arriving. It's very exciting to be able to use new tools in the marketing of Temecula. For our 2003 Operating Budget, we are again requesting funding in the amount of $27,000.00. We would like to receive these funds on January 2, 2003 to maintain our January- December fiscal year. There are no proposed changes to our contract and no special event organizer costs. It should be noted that we have moved into new offices in Old Town and are shadng them with the Temecula Valley International Film & Music Festival. Our 2002 Budget and 2003 needs have changed accordingly, but we have found new avenues to fundraise and are using less expensive means to achieve our goals. Attached are the Temecula Valley Film Council's overall 2003 Budget and our financial statement for the 2001-2002 year. Before our appointment with the Economic Development Sub-committee, we will be submitting packets detailing this year's goals and achievements so that the committee can be familiar with them when we meet. This past year has been good for video, TV and local projects, and the near future is looking good for a feature film by a European company. We will bdng you more detailed information. Sunny Thomas, Pat Martinez and I plan to attend our meeting with the sub-committee in Apdl. We look forward to speaking with you then and shadng our recent endeavors and plans for the future. Sincerely, , ~ Maggi AllertCFVasident Temecula Valley Film Council MISSION STATEMENT The purpose of the Temecula Valley Film Council is to attract and facilitate location production in the Temecula Valley by acting as a liaison between the film industry and the community. By actively seeking filming, video production, and still photography, direct economic benefit will be generated to the area through location fees and the purchase of goods, services and labor. Residual tourism benefits will arise from area exposure in film, television and print. The Film Council works in cooperation with the Temecula Valley International Film & Music Festival, the Inland Empire Film Commission and the Temecula Chamber of Commerce. When the IEFC receives requests for locations which can be found in the Temecula area, they forward these location requests to the TVFC so that we can contact the filmmaker and meet his needs, either in person, by mail or by EMail. TVFC informs IEFC of all County area filming and requests. This year the IEFC will be working with TVIFF on production and support of the Film Festival. TVFC also supports the Chamber and IEEP Tourism Committees with Fam Tours and Tourism Expo's. GOALS AND OBJECTIVES Obtain office space to house both the Temecula Valley Film Council and The Temecuta Valley International Film & Music Festival including storage space. Maintain at least a part-time Program Coordinator to manage the office for both organizations, providing a focal point for film related activities. Respond to all location related calls and requests in an effective and timely manner. Assist with location scouting when requested by the Production Company and/or the Inland Empire Film Commission. Maintain a location library (including digital files); provide location images to the industry upon request, including Email requests. Update and maintain, on an on going basis, the Temecula Valley Film Production Guide. Market the Temecula Valley at industry trade shows including Temecula organizations such as the hotels/resorts, Film Festival and Chamber of Commerce/Tourismrepresentatives. Maintain the web site for the Film Council and establish important intemet links. Actively support the efforts of the organizers of the 2002 Temecula Valley International Film and Music Festival. These efforts will include but are not limited to the use of volunteers and providing speakers on behalf of the Film Festival for community organizations and groups within the Temecula Valley. Encourage the establishment of film related businesses in Temecula. Support local student productions and encourage their involvement with the Film Festival, both as entrants and volunteers. Host a series of educational seminars for the purpose of educating the community to the benefits of film production, how to become involved in the industry locally, career opportunities, etc. Inform and encourage community involvement in the processes of filming in and promoting Temecula through the "Great Temecula Shootout" and the "Temecula Through Our Eyes" calendar, local postcards and local photo related projects. BUSINESS PLAN 2002-2003 "The purpose of the Temecula Valley Film Council is to attract and facilitate location production in the Temecula Valley by acting as a liaison between the film industry and the community. By actively seeking filming, video production, and still photography, direct economic benefit will be generated to the area through location fees and the purchase of goods, services and labor. Residual tourism benefits will arise from area exposure in film, television and print." America changed after September 2001. The Wodd changed in 2001. It's still changing today. Last yea¢s Film Festival was directly affected by these changes and the confusion we all felt. With the President's message to carry on and not let terrorism defeat us, there is a resurgence in the Film Industry which we can already feel even here in Temecula. Movie attendance is on the up swing. Filming has retumed to the USA as travel outside of the country is less appealing. We have filming in Temecula scheduled for the latter part of Apdl and a major film is scouting its locations here, also in April. Our"Temecula Through Our Eyes' calendar is just starting to bring in inquiries. Easy and inexpensive access to video equipment has brought film making to the schools - children can even use their home computers to make their own movies and they are not bad. Computerization in the film industry is creating new companies, and technology is allowing them to look for new homes outside the Los Angeles/Hollywood area. Through our presence at trade shows and our year round marketing efforts, we hope to attract these businesses to our area. We are also putting forth a major effort to attract commercial filming and still photography to the Temecula area. We have been in existence for ten years. Once again, in cooperation with the Arts Council and Arts Fest 2002, we are producing the 13· Annual Talent Showcase and will continue our support of the City of Temecula's Tourism and Marketing programs and the Cultural Arts Plan. As in the past, the Temecula Valley Film Council will no longer be responsible for the production of the Temecula Valley International Film Festival, but as mandated in our contract with the City, we are working to insure the presence of a Film Festival in Temecula. Page2 RECAP of TVFCACCOMPLISHMENTS FY2001-2002 · ABC Television was filming in the vineyards-a story on restaurants and Southern California wines. · Flying Tiger Productions requested information on filming in Temecula and received our permitting packet with local photographs. · Students from Chaparral High School will be filming Student of the Month for cable television throughout the current school year. · Keith Warn of Ibex Productions arranged for a sneak preview of his film "Sorority Girl's Revenge" at the Movie Experience on August 26th. This movie was filmed in and around the Temecula area and starred the former Miss Temecula Rodeo. Temecula looked very good, but don't expect to ever see this film in local theaters again. · Network corespondents from Japan and France have contacted Gloria Wolnick with the City for FAM tours and information on the City of Temecula for tourism pieces to be presented in their countries. · Greenstemp Productions will be taping the Film Festival for future promotional opportunities. They will also be using local students as film and production apprentices. · Huel Howser visited The Temecula Valley Museum and the Great Oak Tree with his television crew. Two shows will come of this visit. One show will feature the Great Oak (Largest in No. Hemisphere). The other show will be about Ede Stanley Gardner who lived and wrote in Temecula for 30 years. · The television/cable presentations of Temecula Students of the Month are now scheduled for August 14th. City staff and the production advisor from Chaparral High School are meeting in August to assure monthly presentations starting in October. This will be a student program at Chaparral High School. · Keith Warn of Ibex Productions arranged for a sneak preview of his film "Sorority Gid's Revenge" at the Movie Experience on August 26th. This movie was filmed in and around the Temecula area and starred the former Miss Temecula Rodeo. · 2 one-day shoots for commercials were completed. Both shoots were conducted on private property. · Propaganda Films shot 2 days of commercials at Circuit City in the Promenade mall. · Still photos of Temecula Valley historical sites were taken during the Temecula Valley Museum docent training tour. As some of the locations are on County property, those photos will be shared with the IEFC for their files. · Locations were requested for private photo shoots with horses (engagement and wedding pictures.). Local "country' settings and the wineries information were provided. Photos of Chapel of Memories were also sent. Page 3 Recap (Cont'd) Scdpt supervisor and locations manager, Tom Martin, requested photo files of wineries, trees and mountain views. We were able to provide these locations and will follow up. Local filmmaker, Joe Azerelli, produced and directed a film in Temecula using a strip mall on Margarita Road. TVFC is working with Mr. Azerelli on a continuing basis. Representatives of a Dallas business firm have shown interest in production in Temecula. With the help of the EDC, we provided their representative with current information they requested. Many contacts from ShowBiz Expo attended the Film Festival. To give filmmakers a better picture of Temecula, a shuttle took filmmakers to the wineries and proceeded through Temecula to the Pechanga Reservation, then back to Old Town for museum docent guided tours of the historic area. During the planning stages and throughout the Film Festival students from Chaparral High School assisted with film interviews and production work of the Temecula Valley International Film Festival. Their teacher, Mark Jones, feels that this was a great experience for the students. The Film Council received 4 telephone leads for unique location sites and we have made appointments to shoot these locations in October and add them to our locations file. Representatives of Cyclops Productions in New York requested location photos of Temecula Vineyards. Photos were sent overnight and follow up information was sent by regular mail. This production has been rescheduled for Spdng 2002. We will stay in contact with Cyclops Productions. Michael Williams scouted the Balloon and Wine Festival for inclusion in his next production. He is working out a schedule to bring a smal film crew to the 2002 Festival. We will work with the Balloon & Wine Festival staff when the schedule is worked out. Jeannie Novak of indiespace, cem, an independent music and film production company, attended the 2001 Music Festival and will assist in promotion of future festivals. We received a referral from Sunrise Balloons for aerial filming to be done in Spring. We will be working closely to provide all services needed. This will include 2 nights stay for a crew of up to 35. Dick Reed Photography of Phoenix shot film for two days in the Wine Country for Subaru Ads using points of interest in Southern California. Callaway, Wilson Creek and Palomar wineries were used. TVFC purchased an additional memory and storage unit for use by the Video Department of Chaparral High School in the production of the Student of the Month programs for cable TV. Recap (Cont'd) Page 4 · Dr. George Ghoury, formerly of MGM Studios, requested filming in Temecula information for a European Production which will be scouting Temecula in late April. Filming is set to begin in September or October. This will be a feature film and Dr. Ghoury believes Temecula is a very good location. · Tony Washington has been filming in Riverside County for the past 2 months. He will be filming in Temecula at the end of April. This production is very Iow budget. The filming is only on weekends and on private property. They will notify TVFC of where and when. MARKETING Support production of the Eighth Annual Temecula Valley International Film & Music Festival. Maintain Temecula Valley Film Council web site and assure linkage to local, state, national and international location film libraries and users. Trade Show and Film Festival attendance and participation. Show Biz Expo (Temecula Booth), AFCI-Locations 2001 & 2002 (Temecula booth), Palm Springs Film Festival,and any other geographically suitable expos or festivals. Participation and membership in the Association of Film Commissioners International. Develop public awareness, using Talent Showcase and the Great Temecula Shootout calendar, ~Temecula Through Ours Eyes". Encourage Temecula Valley community involvement in both Film Council promotions and Film Festival attendance through seminars, press releases and a speakers bureau. Encourage participation in both the TVFC and TVIFF projects through use of our shared office space. OUTREACH Page 5 '2nd Annual Regional GREAT TEMECULA SHOOTOUT (Apri lMay 20O2) In cooperation with local photography clubs and classes and with local sponsorship, our intent is to encourage location still photography in the Temecula area through distribution of disposable cameras to the public. TVFC will develop the film, pick appropriate photographs and produce a sedes of local POSTCARDS and a CALENDAR called "Temecula Through Our Eyes ". The postcards will be used for monthly contacts to film and photo production companies and the calendars will be sent . toward the end of the year. Both items will be made available to retail businesses in Temecula, as there are virtually no current photos available for tourists. More photographs will be exhibited to the public, participants will be given title credit when their pictures are used, and this will enlarge and replenish the Film Council's locations photo library (negatives and images become the property of the Film Council). 2001 PRODUCTS ARE BEAUTIFUL AND VERY WELL ACCEPTED. Production of Talent Showcases 2002 and 2003 in cooperation with the Arts Council and Arts Festival. Expanded Temecula area FAM tours in cooperation with the Inland Empire Film Commission and Toudsm Council. Location scouts, producers, directors, cinematographers, writers, magazine editors and photographers and supporting staff will be taken on tours to explore the Temecula area and possible location sites for film, television and commercial productions. Encourage film industry related businesses in the Temecula Valley in cooperation with the EDC and the City. Encourage Temecula student video (film) productions. Sponsor educational workshops about industry related issues. OPERATIONS Page 6 Maintain shared office space with the Temecula Valley International Film & Music Festival. To the best of our ability, ensure the production of future film festivals in Temecula Expand and maintain Locations Photo Library. Increase still photo and video library and expand to include digital library. Update and maintain the Film Production Guide. This is an on going project to include all current businesses. Increase public awareness and support of the Film Council. Press releases, promotions and educational materials will be distributed through newspapers, magazines, trade journals, radio, cable TV and the Intemet. Develop committees and volunteer groups for year round activities and festival support. Publicize the Temecula area within the context of filmmaking activities and the opportunities and benefits presented to local memhants, businesses and local media support services through the production of a newsletter. Continue cooperation with the Arts Council and establish the role of the Film Council in Temecula's Cultural Arts Plan. Daily management of filmmakers' requests, and production and support service information to the industry. Ongoing education for local memhants of filmmaking opportunities. Promote relocation of film crews and film companies to the area to generate film activity and new jobs. Page 7 GOALS Generate higher awareness of the Temecula area by targeting production companies through professional mailing materials, attendance at trade shows and film festivals, participation in industry organizations. Due to Canadian influences to the film industry, possible strikes, and physical changes in Temecula, there will be a new and very evident change in the focus of our efforts toward commercial and still photo production. We have and are finding greater success in these areas. Support production of the annual Film Festival. Generate operating income through fund raising events such as the Talent Showcase, "Great Temecula Shootout" postcards and calendars, ad sales in the Production Guide and community support. Design and implement tracking systems for production in this area. With our recognized presence in the extremely competitive market of film product, ion and the expanding numbers of film commissions world wide, the Temecula Valley Film Council has dedicated itself to the continuation of a high level of professionalism in providing its services to the Temecula area. 2002 Financial Statement Budget 2002 Actual 2002 (est) Revenue City of Temecula 27,000 27,000 Fundraising 650 2,000 Funds carried from 2001 (new) 12,500 TOTAL Revenue 27,650 4'1,500 Expenditures Direct Operating Expense Personnel 9000 8400 (20 hrs a week) Internet/Web Site 750 325 Consulting Fees (art) None 500 Insurance 1300 1200 Office Supplies 1200 800 Telephone 1000 1500 Postage 1000 1200 Printing/Copying 2500 1250 Rent Free 3900 Utilities (new) 750 Indirect Expense Loan to CEA for TVIFF (new) 10,000 TOTAL Operating Expense 16,750 29,825 Direct Program Expense Trade Shows 6000 5500 Memberships/Dues 600 800 Tours/Scouting/Pmmo 1300 1300 Prod Guide,Calendar, etc 3000 4000 TOTAL Program Expense 10,900 11,600 TOTAL Expenses 27,650 41,425 2003 OPERATIONAL BUDGET REVENUE City of Temecula Fundraising (estimated) Funds Carded from 2002* $27,000.00 3,000.00 10,000.00 TOTAL REVENUE $ 40,000.00 EXPENDITURES Direct Operating Expense Personnel Services (PT 20 hrs a week) IntemetJVVebsite Consulting Fees Insurance Office Supplies Telephone/Fax** Postage Printing/copying (Postcards/Newsletters) Office Rent** Utilities** Indirect Expense Continuing loan* $ 8400.00 $ 400,00 none $ 1100.00 $ 500.00 $ 1000.00 $ 1200.00 $ 1150.00 $ 4100.00 $ 750.00 $10,000.00 Total Operating Expense $28,600.00 Direct Program Expense Trade Shows ( 2 shows Temecula only) Membership/Dues FAM Tours/Scouting Prod. Guide,Calendar, etc. $ 6000.00 $ 700.00 $ 700.00 $ 4000.00 To~lProgram Expense $11,400.00 Total Film Council Expenses $40,000.00 *Loan to Cinema Entertainment Alliance for 2001Film Festival expenses to be repaid by yearend 2004. **New or increased expenses due to new offices being shared (in half) by the Film Council and the Film & Music Festival. ATTACHMENT 3B CITY/FILM COUNCIL OPERATING AGREEMENT R:[Wolnickg~gendareports~2002-03 E. D. Operating Agreements.doc AGREEMENT B~EN THE CITY OF TEMECULA AND TEMECULA VALLEY FILM COUNCIL This Agreement, made in triplicate, this 9th day of July, 2002, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as ~City"), and the TEMECULA VALLEY FILM COUNCIL, a Califomia nonprofA corporation (hereinafter referred to as "TVFC") with reference to the following facts which are acknowledged by each party as true and correct: 1. Recitals. The Parties hereto agree that this Agreement is entered into with respect to the following facts, which are acknowledged by each party as true and correct. A. The City is desirous of promoting its advantages as a desirable, cooperative, efficient and multi-faceted location destination for the film, television and advertising industry and disseminating information relative to the vadous activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The TVFC has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of the City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and servicing a public purpose. 2. Respons b ties of TVFC. TVFC shall undertake, during the 2002-03 fiscal year, to carry on promotional activities on behalf of the City; and to particularly render the following services. A. MARKETING & Music Festival. Support production of the 2002 Temecula Valley International Film 2. TVFC website maintenance and linkage to local, state, national and international location film libraries and users. 3. Trade Show and Film Festival attendance. B. OUTREACH: 1. Inform and encourage community involvement in the processes of filming in and promoting Temecula through the "Great Temecula Shootout" and the 'Temecula Through Our Eyes" calendar, local postcards and local photo related projects. 1. Production of Talent Showcases '02 and '03 in cooperation with the Arts Council and Arts Festival. Empire Film Commission. Expand Temecula area FAM tours in cooperation with the Inland 4. Encourage film industry related businesses in the Temecula Valley in cooperation with the EDCSWRC and the City. 5, Sponsor educational workshops about industry related issues. 6. Encourage Temecula student video (film) productions. C, OPERATIONS: 1. Update and maintain Film Production Guide. 2. Expand and maintain Locations Photo Library. Increase still photo and video library and expand to include digital libra~. 3. Increase public awareness and support of the Film Council. Press releases, promotions and educational materials will be distributed through newspapers, magazines, trade journals, radio and cable TV and the Intemet. and festival support. Develop committees and volunteer groups for year round activities 5. Publicize the Temecula area within the context of filmmaking activities and the opportunities and benet"its presented to local merchants, businesses and local media support services through the production of a newsletter. Continue cooperation with the Arts Council and establish the role of the Film Council in Temecula's Cultural Arts Plan. 6. Daily management of filmmakers' requests, and production and support service information to the industry. Ongoing education for local merchants of fllmmaking opportunities. 7. Promote relocation of film crews and film companies to the area to generate film activity and new jobs. 8. Obtain office space to house both the Temecula Valley Film Council and The Temecula Valley International Film & Music Festival including storage space. Maintain at least a part-time Program Coordinator to manage the office for both organizations, providing a focal point for film related activities. 3. Payment to TVFC. A. In consideration of the services to be performed by the TVFC for the CITY, as set forth in paragraph 2 hereof, the CITY hereby agrees to allocate $27,000 to fund the TVFC, which will be dispersed for the fiscal year of 2002-2003, payable on execution of this Agreement. B. In the event the City should desire any additional service, TVFC shall, upon request of the City, furnish a proposal including, an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by TVFC and the City, as herein provided, City will pay to TVFC the cost thereof, and TVFC shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of TVFC showing the basis of said claims, and certified by proper officers of TVFC. TVFC shall not be entitled to receive any compensation for its services or usual expenses except by this agreement. 4. Monthly Report. The Executive Director of the TVFC shall prepare and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of the TVFC. Said report will include but is not limited to contacts made upcoming events and current TVFC activities. The report shall be submitted by the second Fdday of each month. 5. Indemnification. TVFC agrees that it will defend, indemnify, protect and hold the City and its elected officials, officers, agents and employees free and harmless from all claims for damage to persons or property by reason of TVFC's acts or omissions of those of TVFC's employees, officers, agents or invites in connection with their services rendered hereunder to the maximum extent allowed by law. 6. Insurance. TVFC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and workers; compensation and employees' Liability Insurance in which the City is the named insured or is named as an additional insured with the TVFC and shall furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement by the Agency. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: A. Include the City of Temecula, its elected officials, officers, agents and employees as the insurers or named as additional insurers covedng the services to be performed under this Agreement against all claims adsing out of, or in connection with, this Agreement. B. Provide the following minimum limits: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. C. The insurer shall agree to waive all dghts of subrogation against the City, its officers, officials, agents and employees for losses adsing from work performed by the TVFC for the City. D. Bear and endorsement or shall have attached adder whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any mason whatsoever the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before date of expiration of cancellation is effective. E. Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects to the City, its officers, officials, agents and employees; or the City shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 7. Attorney's Fees. Should any litigation be commenced between the parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. 8. Term. This Agreement shall be effective for the fiscal year commending July 1, 2002, and terminating June 30, 2003. 9. This Agreement may be terminated by either party upon thirty (30) days written notice and if terminated, 3VFC shall pay to the City that portion of the fee, which has not actually been expended on the work described in Attachment 3. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first wdtten above. TEMECULA VALLEY FILM COUNCIL CITY OFTEMECULA Sunny Thomas, President Temecula Valley Film Council 28636 Old Town Front Street, Suite 201A Temecula, CA 92590 Ronald H. Roberts, Mayor ATTEST: Susan Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attomey ATTACHMENT 4A SOUTHWEST RIVERSIDE COUNTY ECONOMIC ALLIANCE SUPPORT INFORMATION R:~Wolnlckg~Agendareporls~002-03 E. D. Operating Agreements.doc ECONOMIC ALLIANCE Prepared by Stevie Field Marketing/Economic Development Coordinator July 1, 2002 Business Plan S.W.R.C. ECONOMIC ALLIANCE Business Plan The cities of Lake EIsinore, Murdeta, Temecula and lhe County of Riverside, together, founded the Southwest Riverside County Economic Alliance in 1999. Due to positive results, the Southwest Riverside County Marketing for Business At, action Agreement is being extended through June 31, 2003. The goal of the Economic Alliance is to stimulate economic development within the Southwest region targeting larger companies in the high- technology, biotechnology and telecommunications industries, which will in turn create high-paying jobs and thus expand our tax base. This business plan is designed to provide dear-cut and focused implementa~on. Some of the mom favorable at~butes of the Southwest Riverside County area are: a business friendly atmosphere, a high standard of living and high quality of life, a well educated work force, competitive housing prices, access to the major ports of Southern Celifomia, convenient freeway access, and dose proximity to San Diego, Orange and Los Angeles counties. With this in mind, the business campaign will create greater recognition of the area outside the county limits and generate leads that will ultimately result in business start- ups, and/or relocation or expansion to the area. Attract new business and investment to Southwest Riverside County, with the beneficial result of new job creation in the areas of biotechnology and other areas of high-technology, which are environmentally dean and safe. Promote business development, economic oppo~'unities, a skilled and educated work force as well as, quality of life of the region to business decision makers both in and out of the County boundaries. Create a general awareness of the Southwest Riverside County region and its many benefits. Research/study demographics of commuter and labor market. Research/study univemity graduates and their fields of expertise. Business owners and derision-makers in the high-tech manufacturing, telecommunications and bio- medica~ manufacturing ltelds. Executives of national and international corporations seeking to relocate or expand their operations. Residents who commute outside the region to work. Venture capitalists slfiving to find a location for their start-up investments. Start-up companies looking for a location to start their operaltons. After careful research, the following markets have been identified as being rich in the targeted high-technology companies from start-up to mature. Biotechnology is one of the major groups in the San Diego area, which is not yet fully mature, therefore it is still in the posrdon to relocate or expand and spin-off to start up in other locations. Following in numerical order is the sequence of contacts: 1. San Diego County 2. Orange County 3. Los Angeles County 4. Nodhem California 5. International Markets High-tach start-ups represent a faidy high percentage of growth opportunities to be brought to the Alliance area. We must however, sthve for a mix of companies in the development process, i.e., start-ups, relocations and expansions. The start-up company represents a venture capital investment end thus one of our tactics will be to establish dose working relationships with venture capitalists in and around this area. We have gone through some very difficult times since September 11, which has definitely affected the thinking of most executive decision makers. However, we now are coming out of this general 'wait and see' attitude, especially in the area of high-risk finance. As a resuit, company executives are no longer as reluctant to relocate or expand their operations. We are seeing a healthy increase in all functions related to business development. We must though, understand that full implementation of this plan is based on the stability of the United States financial markets. We will implement the following strategy with the following tactics: 1. Markefin Materials = Deveiopment of marketing metedals, to include revised demographic profile report with current statistics specific for the Southwest Riverside County region, GIS, CD-ROM repdnta and promotional items. Targeted Completion Date-August 2002 T e ShowAtte dance Attend industry specific trade shows in Ceiifomia, throughout the U.S. and internationally, throughcut the contract year. Specific trade shows include COMDEX - Las Vegas, NV, BIO 2003 in Washington D.C. and others to be detem~ined dudng on-going meetings with city and county representatives. Targeted Completion Date - Ongoing Print Media Adverflsin Development of targeted print media campaigns using publications that are industry spedfic Advertising and press releases in local, regional and targeted area publications. Targeted Completion Date - Ongoing Brandin Cam al n Develop a strategic marketing campaign to brand area as a 'center of excelienca" in terms of high-technoiogy (i.e. 'Tech Valley', 'Tech Corridor', "Tech Alley', 'Tech Horizons'). w 10. Targeted Completion Date- Fall 2002 Multi-Media Advert]sinq Caml)ai¢ln Develop an indusffy specific campaign, such as the biomedical indusffy, high-tech manufacturing, tdecommunications or another industry as detan'nined by the pares hereto. Campaigns will include, but net be limited to, CD-ROM, billboards, radio, television, direct mail and print media. Targeted Compl~on Date - Ongoing Business The county/city representatives and consultant will perform a minimum of twenty (20) company v~sitatJons, This may include visits to Northern Califomia or ether Iocalions as determined through on-going meetings with dty and county representatives. Targeted Completion Date- Ongoing Public Relations The representative will attend vadous economic development related meetings that pertain to Southwest Riverside County. This includes the Southwest Riverside County (SVVRC) Economic Development Corpora~on (EDC), SVVRC Manufacturer's Coundl, UCR Connect, Business Rela~ons Comm~ee, Chambers of Commerce, Rotary and other dvic-minded growth and development forums. Targeted Completion Date - Ongoing Lead Man ent The representative will respond to leads generated as a result of this business plan. It is the responsibility of the representative to send out identity packages, conduct fellow-up phone calls, and schedule meetings with perspective businesses and assist businesses with the informa~co needed in the e~pansion/relocafion process. Targeted Completion Dat~ - Ongoing Market Reaearch/Surv Representative will research and study markets conc~'ning economic development and marketing es it relates to Southwest Rivemide County and develop an economic report based upon these findings. Targeted Completion Date-Ongoing Event Organize a two-three day promotional/familiarization event, inviting business dedsico makers, site selectors, developers and venture capitalists to the SWRC region. Targeted Comp{etlon Date- Spring 2003 Proposed Budget Pdnted Materials Consultant Marketing AdverlJsing · Magazines Trade Shows Promotional Items Travel/Expenses Event GIS ConfinRenc¥ Fund $ 5,000 $ 22,500 $ 25,000 $ 25,000 $10,000 $ 1,500 $ 5,000 $15,000 $15,900 $ 9,100 Grand Total $135,000.00 ATTACHMENT 4B CITY/SOUTHWEST RIVERSIDE COUNTY ECONOMIC ALLIANCE MARKETING AGREEMENT R:&Wolnickg~Agendareports~2002.03 E. D. Operating Agreements.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF RIVERSIDE SOUTIlVqEST RIVERSIDE COUNTY MARKETING FOR BUSINESS ATTRACTION AGREEMENT This MARKETING PROGRAM AGREEMENT ("Agreemem") is made and emered into this day of 2002,,,bY and, between,, the Cities of Temecula, Murrieta, and Lake Elsinore (hereinafter referred to as Cities ) and the County of Riverside (hereinat~er referred to as "County") for marketing and business attraction services for the Southwest Riverside County region. RECITALS WHEREAS, Cities desire to obtain certain marketing services ~om County, and County desires to provide certain marketing and business attraction services on behalf of Cities, WHEREAS, the marketing and business attraction services to be provided by County pursuant to this Agreemem shall be hereinafter referred to and known as the "Marketing Program," WHEREAS, Marketing Program is designed to emphasize the economic, demographic, and lifestyle facts and images of those certain geographic areas included within Southwest Riverside County bounded by the unincorporated communities of Temescal Canyon, Winchester, French Valley, Rancho California, and the Wine Country, as well as the Cities of Lake Elsinore, Murrieta and Temecula (hereinafter collectively referred to as "Southwest Riverside County") in order to: 1. Enhance the image of the Southwest Riverside County region as an area witt abundant economic oppommities and quality of life; and 2. Stimulate private investment and job creation in the Southwest Riverside Count economy; and 3. Attract new businesses to Southwest Riverside County, targeting biomedical and high-tech manufacturing and telecommunications industries. WHEREAS, Cities and County recognize the benefits they may obtain through the attraction of new business and investment to Southwest Riverside County; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, Cities and County recognize the need to promote Southwest Riverside County as a positive business environment; and WHEREAS, County desires to provide, and the Cities to fired, the Marketing Program in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Cities agree as follows: SECTION 1 BUSINESS ATTRACTION SERVICES AND MARKETING PROGRAM 1.1 Count3, Services During the term of this Agreemem, County shall provide one County staff representative, facilities for the County staff representative, equipment, transportation, supervision and expertise necessary to fully and adequately perform the following services including, handle procurement process of contracts and execute agreements on behalf of the Alliance, travel out of state and out of Country to trade show approved by cities for Southwest Riverside County, which shall constitute the Marketing Program: A. Marketin Prog_~9_gr_am_ County shall, in good faith and based on its discretionary determination that the identified person(s) or entity(ies) exhibit potential for conducting business in Southwest Riverside County, use its reasonable and best efforts to contact and provide information on the finance, real estate, manufacturing, and various other industries in the Southwest Riverside County economy to the following areas/individuals: (1) Southern California; (2) Northern California; and (3) executives of national and international corporations. The Marketing Program will cons~ of those ttems shown in Exhibit "A", which is attached hereto and made a part hereof. B. Other Terms County shall generally prepare, acquire and/or disseminate information to promote Southwest Riverside County as a location for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .2 22 23 24 25 26 27 28 2.1 business and investment, and shah carry out such other activities as may be reasonably necessary to achieve the purposes of this Agreement as identified in the Marketing Plan which has been attached hereto and made part hereof. The frequency of materials provided and the specific individuals and entities to be targeted by the Marketing Program pursuant to this Agreement have been identified by the parties hereto. C. Marketing Program Performance Measures County shall provide information to Cities outlining the results of the Marketing Progranz Said information may include the following: number of business visitations number of jobs created, number and description of business expansions/attractions, number and description of trade shows and conferences attended, description of media campaigns, description of training/employment links, and description of curriculum developmem. D. City Contacts Each City member shall designate a liaison to work with the County in the implementation of the Marketing Program. The parties to this Agreement shall meet on a regular basis to review the marketing program. E. Business Retention Business retention shall be the responsibility of the individual parties to this agreement. The Marketing Program shall be coordinated with these business retention efforts. TermofA_.~reement The term of this Agreement shall commence on the date first set forth herein above and shall end on June 30, 2003. From and after July 1, 2003, this agreement shall terminate and the parties hereto shall have no further debt or obligation hereunder unless agreed upon by the parties hereto at which point the Marketing Program and funding levels will be reviewed and agreed upon by the parties hereto. SECTION II COMPENSATION Payments by Cities County shall receive compensation for all services rendered under 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.2 2.3 3.1 this Agreement from the Cities in the amount of one hundred thirty five thousand dollars ($135,000), which shall be divided by the Cities in the following quantities: a) City of Temecula $75,000 b) City of Murrieta $50,000 c) City of Lake Elsinore $10,000' *City of Lake Elsinore will provide additional in-kind services not to exceed an additional $15,000. County will use the funds for the direct marketing activities listed in the Marketing Program under Attachment "A". County will not use funds for overhead expenses (valued at $135,000) such as those limed in Section 1.1 County Services. Any funds that are not expended shall be refunded to cities on a pro-rata share or if agreement is extended, funds shall be carded over to the new agreement period. Payment of Compensation County shall receive two equal payments from Cities for total compensation shown in Section 2.1. First payment shall be provided to County within 30 days of execution of Agreement. Second payment shall be paid no later than January 31, 2003. County shall submit an invoice to Cities for both payments. Additional Funding Cities agree that the County is authorized to seek additional funding for Marketing Program from other parties including, but not limited to, local utilities, State, and private entities. SECTION III GENERAL CONDITIONS Indenmification Each party shall defend, indenmify and hold the other party, its officials, officers, employees and agents free and harmless from any and all liability arising out of or incident to its negligent acts, omissions, or willful misconduct arising out of or in connection with its performance of this Agreement, including without limitation the payment of attorneys' fees. Further, each party shall defend at its own expense, including attorneys' fees, the other party, its officials, officers, employees, and agents in any legal action based upon such negligent acts, omissions, or willful misconduct. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3.2 2 3 4 // // // // // // // // // // // Notice and Requests Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly delivered and effective on the third business day atier having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee as set forth below. If delivered by facsimile machine to such addressee, such notice shall be deemed to have been duly delivered and effective on the next business day. Any party may change its address for purposes of this Agreement by written notice given in accordance herewith: Partners: City of Temecula Attn: Jim O'Grady 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Phone (909) 506-51 O0 Fax (909) 694-6499 City of Murrieta Attn: Lori Moss 26442 Beckman Court Murrieta, CA 92562 Phone (909) 461-6002 Fax: (909) 698-9885 City of Lake Elsinore Attn: Marlene Best 130 S. Main Street Lake Elsinore, CA 92530 Phone (909) 674-3124 Fax (909) 674-2392 County of Riverside Attn: Stevie Field 27447 Emerprise Circle, West Temecula, CA 92590 Phone (909) 600-6066 Fax: (909) 600-6005 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF SUPERVISORS By: Bob Buster, Chairman ATTEST: ATTEST: By: Deputy APPROVED AS TO FORM: COUNTY COUNSEL By: CITY OF MURRIETA By: Dick Ostling, Mayor ATTEST: By: APPROVED AS TO FORM: CITY ATTORNEY By: CITY OF TEMECULA By: Ron Roberts, Mayor By: City Clerk APPROVED AS TO FORM: CITY ATTORNEY By: CITY OF LAKE ELSINORE By: Genie L. Kelley, Mayor ATTEST: By: APPROVED AS TO FORM: CITY ATTORNEY By: 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 1. 4 5 2. 3. 4. 5. Attachment "A' Implementation Plan Marketing Materials Development of marketing materials to include revised demographic profile report with current statistics specific for the Southwest Riverside County region, GIS, CD-ROM reprints and promotional items. Targeted Completion Date - August 2002 Trade Show Attendance Attend industry specific trade shows throughout California, the U.S. and out of the Country, throughout the contract year. Specific trade shows will be determined during on-going meetings with city and county representatives. Targeted Completion Date - Ongoing Print Media Adverfisine Development of targeted print media campaigns using publications that are industry specific, including advertising and press releases in local, regional and targeted area publications. Targeted Completion Date - Ongoing Branding CampaiRn Develop a strategic marketing campaign with the goal of branding the area as a "center of excellence" in terms of high-technolog~ (i.e. "Tech Valley", "Tech Corridor", "Tech Alley", "Tech Horizons"). Campaign may include, but not be limited to, billboards, radio, television direct mail and print media. Targeted Completion Date- Fall 2002 Multi-Media Advertising Campaign Develop an industry specific campaign, such as the biomedical industry, high-tech manufacturing, telecommunications or another industry as determined by the pax~cies hereto. Campaigns will include, but not be limited to, CD-ROM, billboards, radio, television, direct mail and print media. Targeted Completion Date - Ongoing 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 6. 4 5 6 7. 8. 9. 10. Attachment "A' Implementation Plan (cont.) Business Visitation The county/city representatives and consultant will perform a minimum of twenty (20) company visitations. This may include visits to Northern California or other locations as determined through on-going meetings with city and county representatives. Targeted Completion Date - Ongoing Public Relations The representative will attend various economic development related meetings that pertain to Southwest Riverside County. This includes the Southwest Riverside County (SWRC) Economic Development Corporation (EDC), SWRC Manufacturer's Council, UCR Connect, Business Relations Committee, Chambers of Commerce, Rotary and other civic-minded growth and development forums. Targeted Completion Date - Ongoing Lead Management The representative will respond to leads generated as a result of this business plan. It is the responsibility of the representative to send out identity packages, conduct follow-up phone calls, and schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date- Ongoing Market Research/Survey Representative wilt research and study markets concerning economic development and marketing as it relates to Southwest Riverside County and develop an economic report based upon these findings.. Targeted Completion Date - Ongoing Event Organize a two-three day promotional/familiarization event, inviting business decision makers, site selectors, developers and venture capitalists to the SWRC region. Targeted Completion Date - Spring 2003 ATTACHMENT 5A "ENDLESS DREAMS" SUMMER BENEFIT EVENT OVERVIEW R:\Wolnickg~Agendareports~2002-03 E. D. Operating Agreements.doc Project' K, - ummer E enefi - E ven r ~eptember 21, 2002 The Diamond at Lake El~inore EVENT OVIEP-.VIEW "Endless Dreams "Summer Benefit will consist of afternoon festivities at "The Diamond at Lake Elsinore', a 10,000 seat venue, (including field and grassy hill area's) and will include "Wine Tasting" featuring some of Temecula's well known wineries, "Taste of Southwest Riverside County" featuring restaurants from Temecula, Murrieta, and Lake Elsinore, Classic Woody Car Show, Silent Auction, Beach Music throughout the day and more. Our goal is to raise much needed funds for the needy/disadvantaged children within the communities of Temecula, Murrieta, and Lake Elsinore. Net profits from the "Endless Dream's" Charity Benefit will be donated to The Temecula Valley Assistance League, a non-profit organization covering all three cities. The Grand Finale will be an evening concert by "The Beach Boys". Admission to the event will be $25.00 which includes: Parking~ three (3) Wine/Food Tasting Tickets, and "The Beach Boy's Concert". The Endless Dreams Summer Charity Event" should see a full turnout through an intense advertising campaign that will consist of local radio, newspaper, billboard, posters, local Cable T.V., and listed on "The Beach Boy's" Tour Schedule. About Project Kids: "Project Kids" was founded by John Occhipinti and operates as a "Helping Hand'" entity. John Occhipinti is a Temecula resident, businessman, and father of five. Project Kids" was put together to help "Non Profit Organizations" that reach out and support needy/disadvantaged children within Southwest Riverside County. John can be reached at (909) 303-1811. Jean Clower, President of The Temecula Valley Assistance League can be reached at (909) 694-8018. Thank You From all the Children for Your Gracious Support and Donations! P eaCh Wine;Food ~ Tasting Tickets ~ eThe Beach Boys Concert Wine Tasting featuring Temecula Wineries Taste of Southwest Riverside County Classic Woody Car Show Silent Auction Beach Music throughout the day For more informstion & Ucket sales call (909) 303-~1811 or visit www.projectkldso utresc h.co m Project Kids - Endless Dreams Page 1 of 2 Project Kids Outreach is proud to present... "Endless Dreams" Featuring Look for our TV commercial to air June 25tl and our ad in The Californianl More Info yickets Sponsorships Donations ~Directions ~Contact Us The Beach Boys! Sponsors Wilson Creek Callaway AT&T Media Oualcomm Hart Winery ~_alkner Winery [qira Monte ~Winery Presto's ~VC Group Lake ElsinPre_ Ford City of Lake ~lsinore September 21, 2002 The Diamond at Lake Elsinore 909-303-1222 for Event Information Wine Tasting with Temecula Valley ~Ir Wineries ~ Food from local area Restuarants ~ Classic Woody Car Show c~' Silent Auction ~ Music throughout the day Gates open at 3pm, festivities until ~ 6pm, concert at 6:30pm Event T-Shi~t~ avalible 7/30/2 for $15 +$4 $25-$45 per ticket includes..: (add $1.25 per ticket for all CC orders) Access to the venue 3 Wine & 3 Food Tickets The Beach Boys Concert! Tickets go on sale 3une 241 $25 prior to the event, $35 the day of the e Tickets on sale now! http://www.proj ectkidsoutreach.com/endless.asp 06/19/2002 Project Kids - Endless Dreams Page 2 of 2 John Occhipinti, Jean Clower and ^LTV staff rnemh, © Copyright 2002 - Project Kids Outr http://www.projectkidsoutreach.com/endless.asp 06/19/2002 ASSISTANCE LEAGUE of Temecula Valley EXECUTIVE BOARD 2001 - 2002 JEAN CLOWER President CAROL THOMAS Ist VP: Membership LYN METZLER 2nd VP : Philanthropy PAT BOOKER 3rd VP: Fund Raising AMY OARRETT Recording Secretary JUANITA ARNWINE Corresponding Secretary ANN REED Treasurer JOANNE MICHAELS JERI LAMAR ASSISTEENS® ELECTRA DEMOS Public Relation~ SALLY HASEROT Provisional Chairman CAREN WOODS KATHY LAURIN CastAways Thrift Shop MAXlNE JONES OPERATION SCHOOL BELL, BARBARA CARD Education CastAways Thrift Shop OPERATION SCHOOL BELL~ Kids on the Block Project: SMILE Carousel of Caring March 25, 2002 Mr. John Occhipinti Director "Project Kids" 43938 Larino Court Temecula, CA 92592 Dear John: Thank you for selecting ASSISTANCE LEAGUE® of Temecula Valley as the official designated charity for "Endless Dreams Summer Benefit". We understand this benefit will take place on September 21, 2002. The Diamond Stadium in the city of Lake Elsinore has been selected as the venue for this event. ASSISTANCE LEAGUE® of Temecula Valley provides many critical s~vices to disadvantaged children in the Temecula, Murrieta, Menifee and Lake Elsinore communities. OPERATION SCHOOL BELL® provides new clothing, a backpack, a hygiene kit and abook to over 1000 children. In April, we will start providing this service to 450 children identified in the Head Start, Even Start and Healthy Start Programs. Project:SMILE provides emergency dental assistance and Kids On The Block is a puppeteer pro,'am that provides a service to children in helping them understand current social issues. This year the chapter is spending more than $100,000.00 on our philanthropic projects. Since we have no paid employees and are staffed entirely by volunteers you can appreciate that fund raising efforts are always underway, including CastAways (our thrift store which is open five days a week entirely operated by our volunteer members). $' cerely, Tax ID. 'P3x3-0360419 28720 Via Montezuma · Temecula, CA 92590 · Phone (909) 694-8018 · Fax (909) 694-8298 (Comer Via Montezuma and Commerce Center Drive) ATTACHMENT 5B "ENDLESS DREAMS" SPONSORSHIP BENEFITS R:\Wolnickg~a, gendareports~2002-03 E. D. Operating Agreements.doc "Endless Dreams" Sponsorship Levels Sapphire Level $1,500 *6 VIP Tickets *3 VIP Parking Passes **6 VIP "Mayors" Reception Tickets to the "Diamond Cl~h" Advertising on all advertising materials including T-Shirts, Posters, and Fliers. **"VIP Mayors" Reception will include appetizers and a meet and greet including autographs and photographs with Mike Love and Bruce Johnston of The Beach Boys as well as Dean Torrence of ~Jan and Dean". Mayors from Lake Elsinor and Marrieta and Council m~ers for Temecula, Marrieta, and Lake Elsinor are expected to attend as well as Elite and Diamond Level Sponsors.. ATTACHMENT 5C "ENDLESS DREAMS" BUDGET R:~Wolnickg~Agendareports~002-03 E. D. Operating Agreements.doc Endless Dreams Summer Benefit Estimated Cost Analysis Break Down with Attendance of 6,000 Cost Beach Boys- $60,000 Production- $20,000 Venue- $ 6,000 Booth Rental $ 3,000 Security $ 3,000 Travel $ 5,000 Insurance $ 500 *Food $ 0 *Accommodations $ 0 Miscellaneous $10,000 Additional Gate revenue $36,000 Total $143,500 Income Ticket Sales (6,000 at $25.00) $150,000 Sponsorship $ 20,000 Silent Auction $ 5,000 Wine/Food Sales $ 1,000 T-Shirt Sales $ 3,000 Miscellaneous $ 2,500 Total $181,500 Estimated to Assistance League $38,000 * Indicates items will be donated ATTACHMENT 5D "ENDLESS DREAMS" EVENT MANAGEMENT QUALIFICATIONS R:\Wolnickg~Agendareports~2002.03 E. D. Operating Agreements.doc Objective: To act as a representative for the Temecula Valley Assistance League to help raise much needed funds in order to meet the needs of needy and disadvantage children throughout the Temecula Vailey~ Plan: To organize, manage, and oversee a fiandraising event", "Beach Fest 02", that will take place September 21, 2002 (tentively) at The Diamond of Lake Elsinore. This will be a day long event consisting of"Taste of South Riverside County", Wine Tasting for various Temecula Wineries,. Silent Auction, Classic Woody Car Show, Beach Band's, and a Beach Boy's concert that evening, We estimate the attendance to be approx, 3,000- 5,000. Net proceeds ~nm Beach Fest 02 will be donated to the Temecula Valley Assistance League for distribution throughout the valley as they see fit to help the children in need. Professional Background: I am a Sale's/Marketing/Advertising Professional with 20 years experience in the indnstry. I have worked for such companies as Schlage Lock, Zircon Corporation, Kraco Electronics and Racing, and presently as National Sales Manager with Jasco Products a distributor for GE (General Electric) Accessories. My primary specialty is marketing, advertising, and the selling of products to the retail industry and to such major retailer as K Mart, Home Depot, Sears, Wal- Mart, etc. I have a vast background in developing new marketing approaches and strategies based on market and consumer demands and conditions. In addition to my sales background I have also developed marketing/advertising plan's for product launch programs for various retailers throughout Australia, New Zealand, England, France, Germany, Spain, Mexico, and Canada and have traveled extensively to these Countries. Personal: Married, wife Cynthia and I have five beautiful children. The oldest Ryan, 19, is a college freshman at the prestigious Embry Riddell Aeronautical University in Prescott Arizona. Daughter Kelly, 17, is a junior at Temecula Valley High School Kelly is going to be attending University of Hawaii summer of 03. Daughter Kryatyna, 12, is a sixth grader at Temecula Middle School. Twin son's Garrett and Everett, 9, are third graders at Abbey Reinke Elementary School. My wife Cynthia is a preschool teacher at New Community Lutheran School in Temeculal Continue~ My passion in life is my children. My family and I moved to Temecula in July of 1999 fi.om an upper middle class South Orange County community where I was very active in various organizations such as Community Delegate, Co-Chair Traffic and Safety Committee, and Community Architectural Committee. Atter a few months in our new home and community my wife and I were very sad to hear that a few of our children's friends would not celebrate Thanksgiving or Christmas because their families did not have the money~ As a restflt, we began anomalously sponsoring two families at Thanksgiving and Christmas and have continued this tradition. In further research I found that 10% ofTemecula residems live below the "very low" poverty level (below $24,000 annually) and 11% live under the "low" poverty level (below $33,000 annually). Being a father of five, the thought of any child going without disturbs me greatly. The children are the innocent ones and I have found that I have a calling m help these children. I have coached my son's and daughter sports teams for the past six years and am going to be teaching Karate to kid's at a local Karate School. I am very fortunate that my job allows me the time to give back to my community by way of service and volunteering which I presently do at Abbe Reinke Elementary School. I now want to take it to the next level and make an even bigger, more positive impact on those who need it the most, the children. That is why I came up with the idea of having "Beach Fest 02". It is a way to bring our communities together for a great cause and at the same time enjoy a wonderful party event~ I want to thank you, The Temecula Valley Assistance League for allowing me to work on your behalf and look forward to making this event a very successful and meaningful one for alt. (909) 303-1810 ATTACHMENT 5E CITY/PROJECT KIDS SPONSORSHIP AGREEMENT R:\Wolnickg~Agendareports~002-03 E. D. Operating Agreements.doc PROJECT KID'S SUMMER BENEFIT EVENT SPONSORSHIP AGREEMENT This serves as an agreement between and Project Kids that a sponsorship donation in the amount of $.__ has been made to Project Kids on behalf of The Temecula Valley Assistance League. The Sponsor(s) should know their donation is fully tax deductible. Tax exempt number will be issued at time of contract signing. Sponsorship Level Sponsorship entitle sponsor to the following: .Additional entitlement(s) as agreed upon by Project Kids and Sponsor: This agreement is made: 2002 By: Company Agreed and Witnessed by: John A. Occhipinti, Director Project Kids John A. Occhipinfi Director, Project Kids (909) 303-1811 Jean Clower President, Temecula Valley Assistance League (909) 694-8018 Phase make checks payable to Project Kids/T.V.A.L ITEM 7 CITY OF TEMECULA AGENDA REPORT APPROVAL ,,.¢,~//~ I CITY ATTORNEY ~~ I DIRECTOR OF FINANC_~ I TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: July 9, 2002 SUBJECT: FY2002-03 Designated Allocations - Community Support Budget PREPARED BY: GIoda Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council: 1) Approve the sponsorship and funding agreement in the amount of $25,000 and city- support costs in the amount up to $8,000 for The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation "Race for the Cure" event and authorize the Mayor to execute the agreement. 2) Approve the funding agreement in the amount of $15,000 for the Circle of SAFE-T Partnership/Rancho Springs Medical Center and authorize the Mayor to execute the agreement. 3) Approve the funding agreement in the amount of $15,000 for Safe Altematives For Everyone (SAFE) program and authorize the Mayor to execute the agreement. BACKGROUND: Staff has received a sponsorship and grant funding request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation for the 'Race for the Cure" event and grant funding requests from Circle of Safe-T Partnership/Rancho Spdngs Medical Center and Safe Alternatives For Everyone (SAFE). On Tuesday, June 11, 2002, the City Council approved funding for these organizations as part of the City's FY2002-03 Operating Budget. Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Staff has received a request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation, to provide city-support costs in the amount of $8,000 for The Race for the Cure event and $25,000 cash which will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. The Race will be held at the Promenade Mall in Temecula, comer of Ynez and Winchester Roads, on Sunday, October 20, 2002. This event is family-oriented, with something for everyone. In addition to the Team Competition, the schedule includes Women's and Coed 5K Run/Walks, a family One-mile Fun Run/Walk, live entertainment, exhibits, Kids' Expo, Health and Fitness Expo, refreshments and prize drawings. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. R:~Wolnickg~Agendareporls~Race for the Cure, SAFE, Circle of S~ety2.doc The Race will serve as a fundraiser for The Susan G. Komen Breast Cancer Foundation, a non- profit organization that was established in 1982. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of early detection to thousands of Inland Empire men and women. 25% of the net Race proceeds support cutting edge reseamh grants of the Komen Foundation. The Komen Foundation is a national organization with more than 75,000 volunteers working through a network of more than 100 Affiliates worldwide, making it the most progressive grassroots organization in breast cancer today. Through programs like the Komen Race for the Cure Series and other fundraising and awareness events, Komen Affiliates raise tens of millions of dollars each year to help fight breast cancer. For the last three years, the Inland Empire Race has been held in Temecula and proved to be successful. On February 11, 2002, the Inland Empire Affiliate of the Komen Foundation awarded over $260,000 for four grants dedicated to eradicating breast cancer as a life- threatening disease by advancing research, education, screening and treatment. Funding for these grants were raised from the third annual Race for the Cure on October 21, 2001, in Temecula. The Race for the Cure was the largest race for a cause in the Inland Empire. This event has gained wide support by our community, throughout the Inland Empire and on a national level. National sponsors for the 2002 event include: Yoplait, American Airlines, Johnson & Johnson, Ford, New Balance, Kellogg's and Adecco. Businesses are encouraged to support this event by getting their employees involved. Many local and out-of-area businesses have registered their teams. The City of Temecula employees are planning to enter a team in the event. The Komen Foundation event promotions will include event posters, website, pdnt media, radio, and television. Also, national sponsors will demonstrate their support locally in television, radio and print. In addition to its primary aim of fundraising for The Susan G. Komen Breast Cancer Foundation, the event has the potential to provide tourism and economic benefits to the City of Temecula. The Race for the Cure will give exposure for Temecula both on a local and national level. The event should increase tourism revenue for the City's restaurants, hotels, shopping areas, and the wineries. Based on last year's event, staff estimates that city-support costs such as police, fire, and public works would be approximately $8,000. Circle of SAFE-T Program Staff has received a request from the Circle of SAFE-T Partnership/Rancho Springs Medical Center, to provide Community Support Funding in the amount of $15,000 cash. The funds are to be used to support the first year of operation for the sexual assault trauma center at Rancho Springs Medical Center, which opened July 2, 2002. Recently, sexual assault victims from the south county area would be transported to Riverside County Regional Medical Center in Moreno Valley for treatment and collection of forensic evidence needed to prosecute a criminal case. The victims would undergo the trauma of the attack in addition to the trauma of being transported. The 40 to 60 minute trip also made it possible for physical evidence to degrade or be lost. Community members who desired to develop a Southwest Riverside County location for the performance of forensic rape examinations approached Rancho Springs Medical Center in Fall R:~Wolnickg~Agendamports~Race for the Cure, SAFE, Circle of S~ety2.doc 2001. A partnership was, thus, formed and the SAFE-T (Sexual Assault Forensic Team) task force created. The task force is comprised of Rancho Spdngs Medical Center, the Deputy DA in charge of the adult sexual assault unit, Temecula, Murrieta and Riverside County law enforcement agencies, community representatives, DOJ Crime Lab supervisor, physicians, Riverside Area Rape Crisis Center, and the hospital auxiliary. Team founder Joan Sparkman is the key facilitator and Dr. Larry Francis serves as medical director. Rancho Spdngs Medical Center is offedng the space and the training costs of RNs to be certified to perform the forensic exams. Advocates and nurses on the SAFE-T team will work in shifts, ensudng services are available at 24-hours, 7-days a week with certified nurses on call. The sexual assault trauma center at Rancho Springs Medical Center consists of a room adjacent to the hospital's emergency room and is equipped with an exam table, medical equipment, extra clothing, rape kits and a shower available to victims after the three-four hour forensic exam. More than $50,000 worth of medical equipment has been purchased by the hospital's auxiliary and other community entities/organizations, which bought most of the equipment for the room and is developing the sexual assault trauma center. In addition, Circle of SAFE-T plans to create preventative-education projects with school districts and clergy groups. This center will cover from Sun City and Lake Elsinore south to the county line, west to the county line, and east to Aguanga. These parameters were determined by law enforcement agencies. Sate Alternatives For Everyone (SAFE) Staff has received a request from Safe Alternatives For Everyone (SAFE), to provide Community Support Funding in the amount of $15,000 cash. The funds are to be used to offer desperately needed services for the Temecula Valley dealing with violence, abuse, and the threat of violence and abuse inflicting great harm on children and the community. SAFE was established in 1998 by concemed citizens and community leaders to help families suffedng with abuse and violence. SAFE's goal is to help all children and families in the Temecula Valley to live in violence-free homes, schools, and communities. SAFE works with local law enforcement agencies, Domestic Violence agencies, local hospitals, schools, and community organizations to help families remove violence from their lives and deal with the effects that violence has had on each family member's well being. Rather than dealing with just the individuals involved in a violent act, SAFE works in a case management capacity with the entire family to ensure that all members utilize the existing community services to "Help families help themselves." SAFE provides the following services: · Family case management · Referral and resource support · Public education workshops · Family assessment Future services include: · SAFE At-Risk Child Development Center · Teen Violence Prevention and Intervention Services · Vocational/Educational Programs · Wrap-a-round Funding R:\Wolnickg~Agendareports~Race for the Cure, SAFE, Circle of S~ety2.doc · School Programs on violence prevention and drug prevention · Teen Job Training and Internship Opportunities · In-home Support Services · Additional Services identified by the community The SAFE office located in the Temecula Community Center on Pujol Street provides the Temecula Valley with a central agency to coordinate and case manage services for children, youth, and families. SAFE will also be able to assist those who are currently getting some help from local agencies but need additional assistance in navigating through systems of care. A SAFE case manager will provide follow-up services with a family for up to 6 months after they are no longer in need of immediate intervention. This will help ensure that everyone stays on track and is kept aware of services that are available should a need adse. FISCAL IMPACT: Adequate funds have been included in the FY2002-03 Operating Budget for the recommended sponsorship amounts. The Race For The Cure funding of $25,000 cash is appropriated in Community Support (Council Discretionary) #001-101-999-5285. The city-support costs of $9,000 for The Race for the Cure event are included in the FY2002-03 Operating Budget of the various support departments. The Circle of SAFE-T funding of $15,000 cash is appropriated in Community Services Funding #001-101-999-5267. The Safe Alternatives For Everyone (SAFE) funding of $15,000 cash is appropriated in Community Services Funding #001-101-999-5267. ATTACHMENT: I. Race for the Cure Attachment A - Sponsorship Benefits Attachment B - Race for the Cure Grant Progress Report Attachment C - Estimated City Support Costs Attachment D - Sponsorship and Funding Agreement II. Circle of SAFE-T Pro.qram Attachment A - Circle of SAFE-T Program and Services Attachment B - Funding Agreement III. Safe Aitematives For Everyone (SAFE) Attachment A - SAFE Program and Services Attachment B - Funding Agreement R:\Wolnickg~Agendareports~Race for the Cure, SAFE, Circle of Sa~ety2.doc I. RACE FOR THE CURE ATTACHMENTS R:~Wolnickg~,gendarepoffs\Race for the Cure and Endless DreanEs.doc ATTACHMENT A- RACE FOR THE CURE SPONSORSHIP BENEFITS R:~Wolnickg~Agendareports~Race for the Cure and Endless Drearr~s.doc ATTACHMENT A- t LOCAL PRESENTING SPONSORSHIP BENEFITS In exchange for providing $25,000 cash and approximately $8,000.00 for all city- support costs of Public Works, Fire and Police for the Inland Empire Susan G. Komen Race For The Cure, the City of Temecula shall receive the following benefits. · City logo/or name will appear on flyers, advertisements, and program relating to the event. · The City logo/or name will appear on posters, banners and promotional items relating to the 2002 event. · Free booth space (10 X 20) at event · City banners displayed · City name on all press releases · Complimentary team photo · Complimentary sponsor appreciation dinner tickets (12) · Complimentary tickets to survivor/sponsor area on race day (12) · Commemorative sponsor recognition award · City logo/name on Inland Empire Web Site ATTACHMENT B- RACE FOR THE CURE GRANT PROGRESS REPORT R:\Wolnickg~gendareports~Race for the Cure and Endless Drean~s.doc April 19, 2002 City of Temecula Assistant City Manager P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. O'Grady: The Susan G. Komen Breast Cancer Foundalion CITY_M_ANAGER,S UFFICF_ Thank you for consideration of sponsorship for our fourth annual Race for the Cure® to held October 20, 2002 at The Promenade In Temecula. With the tremendous support this Affiliate receives from so many local companies and thousands of race participants we were able to fund over $260,000 dollars in community grants this year. 1. The Desert Sierra Breast Cancer Partnership -- $84,546. Project: 'All Women Count.' A network of 150 healthcare providers serving women over 40. They will now be able to serve eligible iow income, under or uninsured women under 40 who are at high dsk for breast cancer. Currently, there are no other free resources for women under the age of 40 who do not qualify for Medi-Cal or the County MIA/MISP Program or have a share of cost that is prohibitive. 2. Breast Cancer Survivors -- $19,320. 'Mission 2002.' Established to financially assist breast cancer patients who are unable to work due to surgery or other breast cancer treatments with tife-suppo~ng, essential living expenses. There is no other organization that addresses these spedfic issues in the Inland Empire. 3. The California Witness Project -- $81,919. "The Southem California Witness Project." The program will include screening, education, and outreach efforts to increase awa'eness and overcome sodal, economic, and cultural barriers among Athcan Amedcan Women in the Inland Empire. 4. Desert Healthcare Foundation -- $75,000. 'Foundation Breast Cancer Program." A pdvate foundation that will provide services to eligible patients regardless of age. Indudes screening and diagnostic mammegraphy, ultrasound, imaging guided biopsies, pathology, education, and in many cases funding for those diagnosed with breast cancer. In addition to funding these worthy local community grants this Foundation has sent $ 90,600.00 dollars to our National Foundation in Dallas where it will be used for cutting edge research grants in hopes of improving treatment options and finding a cure. We are extmmdy proud of our efforts and can continue to improve the bre&st health wellness in our Inland Empire with your continued support. Many thanks for your consideration, Sincerely, parkman b/Past President The Susan G. Komen Breast Cancer Foundation Inland Empire dffiliate P.O. Box 2191 eT~ula, CA 92593-2191 · Direct (909) 304-9500 1-800-1'M AWARE (800) 462-9273 · FAX (909) 304-9558 NEWS RELEASE FOR IMMEDIATE RELEASE Date: February 12, 2002 From: The Susan G. Komen Breast Cancer Foundation Inland Empire Affiliate Contacts: Kelly Daniels, 909.693.1680 Sheila Crane, 909.695.2242 Karen Roberts, 909.302.1828 Inland Empire Affiliate of the Susan G. Komen Foundation Awards Over $260,000 In Grants Temecula, California -- On February 11, 2002, the Inland Empire Affiliate of the Susan G. Komen Foundation awarded over $260,000 for four grants dedicated to emdicaUng breast cancer through providing screenings, education, medical assistance, and out]each efforts. Funding for these grants was raised from the third annual Race for the Cure~ on October 21, 2001 in Temecula, An estimated 15,000 parlJcipants and spectators attended the event. The Race for the Cure~)was the largest race for a cause in the Inland Empire. `we are proud to be able to fund such outstanding community programs," said Joan Sparkman, President of the Inland Empire Affiliate Board of Directors. 'We have been gratified by the overwhelming generosity of the community members, businesses, and organizalJons. For the third year now, they gave generously of their funds, their time, and their talents.' Grants were awarded to: 1. The Desert Sierra Breast Cancer Partnership-- $84,546. Project: "All Women Count." A network of 150 healthcare providers serving women over 40. They will now be able to serve eligible Iow income, under or uninsured women under 40 who are at high risk for breast cancer. Currendy, there are no other free resources for women under the age of 40 who do not qualify for Medi-Cal or the County MIA/MISP Program or have a share of cost that is prohibitive. Inland Empire Affiliate of the Susan G. Komen Awards Grants February 12, 2002 Page 2 2. Breast Cancer Survivors-- $19,320. 'Mission 2002." Established to financially assist breast cancer patients who are unable to work due to surgery or other breast cancer treatments with life-supporting, essential living expenses. There is no other organization that eddresses these specific issues in the Inland Empire. 3. The California W~ess Project-- $81,919. q'he Southern California Wrmess Project.' The program will include screening, education, and oub'each efforts to increase awareness and overcome social, economic, and cultural bariers among African Amedcan Women in the Inland Empire. 4. Desert Healthcare Foundation -- $75,000. 'Foundation Breast Cancer Program.' A private foundation that will provide sewices to eligible palients regardless of age. Includes screening and diagnostic mammography, urcasound, imaging guided biopsies, pathology, education, and in many cases funding for those diagnosed with breast cancer. The Inland Empire Affiliate in partnership with other breast cancer organizations, coq)orations and health care facilities, raises funds and awareness while providing innovative breast cancer out'each, screening, and treatment programs that meet the community's needs. The Susan G. Komen Breast Cancer Foundation was founded in 1982 by Nancy Brinker to honor the memory of her sister, Susan G. Komen, who died of breast cancer at the age of 36. the Foundation is credited as the nafion's leading catalyst in the fight against breast cancer. The Susan G. Komen Breast Cancer Foundation also operates a National Toll-Free Breast Care Helpline at 1-800-1'M AWARE that is staffed by trained, caring volunteem whose lives have been personally touched by breast cancer. To leam more about the Inland Empire Alfiliate of the Susan G. Komen Foundation, to make a donation or to get involved, call 909.695.0457 or visit the Web site at www.lekomen.com. The INLAND EMPIRE Affiliate of the Susan G. Komen Breast Cancer Foundation "90 DAY" EVENT REPORT Event Date: October 21, 2001 Note; 1) Please attach a copy of your Profit and Loss Statement from Quickbooks®. ~'~)~h~'incllTd~'Ti~:Klnd Contributions in this statement. REVENUE CATEGORIES TOTAL AMOUNT EVENT AMOUNT AFFILIATE AMOUNT* Total Revenue Less: Lee Denim: Total Adjusted Revenue: EXPENSE CATEGORIES Total Affiliate General & Administrative & Fund Total Race General & Administrative & Fund R Total Expenses: · NETPROCEEDS 25% Due to National Research Program for current year $ 90,600.73 $ Less~ Amount Paid with Event Report $ Balance Due $ ITotal Expense Ratio 0.254615362I (Total Expenses divided by Total Adjusted Revenue) 90,600.73 *Not prevlously reported on a 90-Day Event Report in current fiscal year 90,600.73 $ 90,600.73 $ 2/20/02 ATTACHMENT C - RACE FOR THE CURE GRANT ESTIMATED CITY SUPPORT COSTS R:\Wolnickg~Agendarepo~ts\Race for the Cure and Endless DrearEs.doc ATTACHMENT C - RACE FOR THE CURE ESTIMATED CITY SUPPORT COSTS Based on the input from City departments we received estimated cost projections for the 2002 Inland Empire Susan G. Komen Race for the Cure. The following expenses can be anticipated for this event: Police: $4,377.00 Fire: 645.00 Public Works: 2,063.00 Community Services: 915.00 TOTAL: $8,000.00 estimate R:\Wolnickg~Agendareports\Race for the Cure, SAFE, Circle of Sa~ety2.doc ATTACHMENT D- RACE FOR THE CURE SPONSORSHIP AND FUNDING AGREEMENT R:~Wolnickg~Agendareporls~Race for the Cure, SAFE, Circle of S~'ety2.doc SPONSORSHIP AND FUNDING AGREEMENT BE'rW~EN THE CITY OF TEMECULA AND THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION This Agreement, made this 9th day of July, 2002, by and between the CITY OF TEMECULA, (hereinafter referred to as "City'3, and THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, a California nonprofit corporation (hereinafter referred to as "IESGKF"). A. IESGKF will operate the "Inland Empire Susan G. Komen Race For The Cure" on October 20, 2002. The Race For The Cure is a special event located at The Promenade Mall in Temecula, comer of Ynez and Winchester Road. The event includes Women's and Coed 5K Run/Walks, a family One-Mile Fun Run/Walk, live entertainment, exhibits, a Health & Fitness Expo, a health and fitness expo, refreshments and prize drawings. Las year's attendance was approximately 15,000 people. The attendance for this year's event is estimated between 10,000 - 12,000 attendees. B. The City of Temecula desires to provide Community Services Funding and city-support costs of Public Works, Fire and Police for the 2002 Inland Empire Susan G. Komen Race For The Cure. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Inland Empire Susan G. Komen Race For The Cure of approximately $8,000.00 for all dty-support costs of Public Works, Fire and Police, the City of Temecula shall receive the benefits as listed in Attachment A - 1. B. The Community Support Funding of $25,000 cash will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. In 6 months and again in 12 months following the Inland Empire Race For The Cure, the IESGKF will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that funds were used for under served Temecula residents. Upon request, City staff may audit the supporting documentation from the IESGKF. C. Within 60 days following the Inland Empire Race For The Cure, IESGKF shall prepare and submit to the Assistant City Manager a written report evaluating the Race For The Cure, its attendance, and describing the materials in which the City was listed as a financial supporter. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. D. The IESGKF shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 90 days preceding the day of the Race For The Cure event. E. IESGKF agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of IESGKF's acts or omissions or those of IESGKF's employees, officem, agents, or invites in connection with the Inland Empire Race For The Cure to the maximum extent allowed by law. F. IESGKF shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with IESGKF and shall fumish a Certificate of Liability by the City (refer to Attachment B). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Inland Empire Race For The Cure. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Inland Empire Race For The Cure. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Inland Empire Race For The Cure. Bear an endorsement or shall have attached a alder whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or IESGKF shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G, Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. DATED: THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION CITY OF TEMECULA BY: Lori Stone-Rubin, President of the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation 26765 Madison Ave., Suite 108 Murrieta, CA 92562 Ronald H. Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A- '1 LOCAL PRESENTING SPONSORSHIP BENEFITS In exchange for providing $25,000 cash and approximately $8,000.00 for all city- support costs of Public Works, Fire and Po]ice for the Inland Empire Susan G. Komen Race For The Cure, the City of Temecula shall receive the following benefits. · City logo/or name will appear on flyem, advertisements, and program relating to the event. The City logo/or name will appear on posters, bannem and promotional items relating to the 2002 event. Free booth space (lOX 20) at event · City banners displayed · City name on all press releases · Complimentary team photo · Complimentary sponsor appreciation dinner tickets (12) Complimentary tickets to survivor/sponsor area on race day (12) · Commemorative sponsor recognition award City logo/name on Inland Empire Web Site II. CIRCLE OF SAFE-T Program Attachment A - Circle of SAFE-T Program and Services R:~Wolnickg~Agendareports\Race for the Cure, SAFE, Circle of Sa~ety2.doc REQUEST TO CITY OF TEMECULA FOR PROGRAM FUNDING June 28, 2002 Program: Circle of Safe-T Partnership A comprehensive community response to sexual assault "SAFE-T" Sexual Assault Forensic Exam Team Community members who desired to develop a South Riverside County location for the performance of forensic rape examinations approached Rancho Springs Medical Center last fall Justification for Developing Program · Victims from the south county area are being transported 40 to 60 minutes north to undergo a forensic rape exam. · No longer will already traumatized victims undergo further trauma by being transported out of area to unfamiliar facility. · Currently all victims are intaked through the RCRMC Emergency Department. Emergency Department medical screening exam must be performed to rule out a medical emergency, and then the forensic exam can be performed. The forensic exam time is 3-4 hours. Then the victim needs transportation back to the south county area. There are times when the victim has to arrange transportation home if law enforcement was called to an emergency. No longer will there be egradat~on of physical e~dence Dept of Justice Crime Lab supervisor involved in task fome. There is concern that the longer the time between the attack and the forensic exam, evidence degrades. Additionally, victims actually end up wiping off evidence which is then not available for collection. · Shortest time frame creates best possible situation for collection of evidence, which creates best possible chance of successful prosecution. No longer will Law Enforcement be pulled from area they are protecting, when they could be returning to service area much sooner. Page I of 3 Other Im ortant Factors · This is not medical care; rather it is a legal forensic examination. Task force was developed last fall, which included Deputy DA in charge of adult sexual assault unit, all law enforcement agencies, community representatives, DOJ Crime Lab supervisor, physicians, hospital administration and nursing, and the hospital auxiliary. · nformattonal sessions were held with appropriate County Supervisors, the City of Murrieta, the City of Temecula and the City of Lake Elsinore. Rape Center will cover fi.om Sun City and Lake Elsinore south to the county line, west to the county line, and east to Agnanga. These parameters were determined by law enforcement agencies. Currently averaging 2-3 occurrences per month. All task force members including law enforcement believe that once center is open and the communities are aware of the coordinated effort in the south county area to deter and aggressively investigate and prosecute suspects, there will be an increase in reported events. All agree that events are significantly under-reported. Under California law, victims may not be charged for the performance of a forensic exam. Rancho Springs Medical Center is offering the space and the training costs for RNs to be certified to perform the forensic exams. Hospital Auxiliary and other community entities/orga~iTations are donating all funds to purchase state of the art equipment and supplies to set up the exam room. The room is now fully equipped. This was accomplished through donated funds of over $50,000.00 Hospital Auxiliary can continue to raise funds and others are certainly able to donate. The program needs ongoing financing to operate the forensic exam site. This will allow the Center to provide 24 hour / 7-day coverage with certified nurses on call. Additionally, this will allow for part time clerical support for the Center. We are seeking an initial commitment fi.om the City of $15,000.00 to support the first year of operation~ The target date for opening the center is July 1, 2002. Budget · This budget is based upon best estimates of costs. After the first year of operation, actual costs will determine future budget needs. Page 2 of 3 Star. g: · Costs of 24/7 on-call by certified RNs: 365 days per year ~ $4.00 per hour = $35,000.00 · Clerical support: ½ time initially ~ $14.00/hr: $14,560.00 · Costs for nursing quality improvemem review of all cases brought to center: Two hour meeting occurring monthly = $224.00/momh: $2688.00/yr · Total $52,248.00 annually Excluded from this budget is the per victim cost of the actual exam. These costs will be billed, per exam, to the law enforcement agency having jurisdiction over the event. · Nursing fee for examination: $150.00 case rate · Supplies: $10.00 per exam · Medications: $70.00 per exam · Total: $230.00 Page 3 of 3 II. CIRCLE OF SAFE-T Program Attachment B - City and Circle of SAFE-T Partnership/Rancho Springs Medical Funding Agreement R:\Wolnickg~Agendareports~Race for the Cure, SAFE, Circle of Sa~ety2.doc FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND SAFE-T PARTNERSHIP/RANCHO SPRINGS MEDICAL CENTER This Agreement, made this 9th day of July, 2002, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and SAFE-T Partnership/Rancho Springs Medical Center, a California nonprofit corporation. A. The sexual assault trauma center at Rancho Springs Medical Center opened on July 2, 2002 with the goal of helping all sexual assault victims in the Southwest Riverside County area. B. The City of Temecula desires to provide Community Services Funding for SAFE-T Partnership/Rancho Springs Medical Center. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing Community Services Funding for SAFE-T Partnership/Rancho Springs Medical Center of $15,000 cash, the City of Temecula shall receive the benefits and services as listed in Attachment A - 1. B. The Community Support Funding of $15,000 cash will be allocated to support the first year of operation for the sexual assault trauma center at Rancho Springs Medical Center. In 12 months following the funding, SAFE-T Partnership/Rancho Springs Medical Center will provide a general summary report on how funds were expended and used to benefit Southwest Riverside County residents. The City requires back-up documentation (specifically copies of invoices, receipts and cancelled checks) to support the Community Support Funding. The 2002-03 funding must be adequately accounted for. Upon request, City staff may audit the supporting documentation from SAFE-T Partnership/Rancho Springs Medical Center. C. Within 12 months following the SAFE-T Partnership/Rancho Springs Medical Center allocation, SAFE~T Partnership/Rancho Springs Medical Center shall prepare and submit to the Assistant City Manager a written report evaluating the SAFE-T program and its accomplishments. D. The funds are to be used to offer desperately needed services for the Southwest Riverside County area dealing with sexual assault cases. E. SAFE-T Partnership/Rancho Springs Medical Center agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of SAFE-T Partnership/Rancho Springs Medical Center acts or omissions or those of SAFE-T Partnership/Rancho Springs Medical Center employees, officers, agents, or invites in connection with the SAFE-T Partnership/Rancho Springs Medical Center central agency to the maximum extent allowed by law. F. SAFE-T Partnership/Rancho Springs Medical Center shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with SAFE-T Partnership/Rancho Springs Medical Center and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, SAFE-T Partnership/Rancho Spdngs Medical Center. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with SAFE-T Partnership/Rancho Spdngs Medical Center. 3. Provide the following minimum limits: (A) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from SAFE-T Partnership/Rancho Spdngs Medical Center. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or SAFE-T Partnership/Rancho Springs Medical Center shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: RIVERSIDE AREA RAPE CRISIS CENTER CITY OF TEMECULA BY: Linda Bradley, Chief of Operations Rancho Springs Medical Center Circle of Safety-T Partnership 25500 Medical Center Drive Murrieta, CA 92362 Ronald H. Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A - t BENEFITS AND SERVICES REQUEST TO CITY OF TEMECULA FOR PROGRAM FUNDING June 28, 2002 Program: Circle of Safe-T Partnership A comprehensive community response to sexual assault "SAFE-T" Sexual Assault Forensic Exam Team Background Community members who desired to develop a South Riverside County location for the performance of forensic rape examinations approached Rancho Springs Medical Center last fall. Justification for Developing Program Victims from the south county area are being transported 40 to 60 minutes north to undergo a forensic rape exam. · No longer will already traumatized victims undergo further trauma by being transported out of area to unfamiliar facility. · Currently all victims are intaked through the RCRMC Emergency Department. Emergency Department medical screening exam must be performed to role out a medical emergency, and then the forensic exam can be performed. The forensic exam time is 3-4 hours. Then the victim needs transportation hack to the south county area. · There are times when the victim has to arrange transportation home if law enforcement was called to an emergency. · No longer will there be degradation of physical evidence Dept of Justice Crime Lab supervisor involved in task rome. There is concern that the longer the time between the attack and the forensic exam, evidence degrades. Additionally, victims actually end up wiping offevidence which is then not available for collection. · Shortest time frame creates best possible situation for collection of evidence, which creates best possible chance of successful prosecution. · No longer will Law Enforcement be pulled from area they are protecting, when they could be returning to service area much sooner. Page 1 of 3 Other Important Factors · This is not medical care; rather it is a legal forensic examination. Task force was developed last fall, which included Deputy DA in charge of adult sexual assault unit, all law enforcement agencies, community representatives, DOJ Crime Lab supervisor, physicians, hospital administration and nursing, and the hospital auxiliary. Informational sessions were held with appropriate County Supervisors, the City of Murrieta, the City of Temecula and the City of Lake Elsinore. Rape Center will cover from Sun City and Lake Elsinore south to the county line, west to the county line, and east to Aguanga. These parameters were determined by law enforcement agencies. Currently averaging 2-3 occurrences per month. All task force members including law enforcement believe that once center is open and the communities are aware of the coordinated effort in the south county area to deter and aggressively investigate and prosecute suspects, there will be an increase in reported events. All agree that events are significantly under-reported. Under California law, victims may not be charged for the performance of a forensic exam. Rancho Springs Medical Center is offering the space and the training costs for RNs to be certified to perform the forensic exams. Hospital Auxiliary and other community entities/organi?ations are donating all funds to purchase state of the art equipment and supplies to set up the exam room. The room is now fully equipped. This was accomplished through donated funds of over $50,000.00 Hospital Auxiliary can continue to raise funds and others are certainly able to donate. The program needs ongoing financing to operate the forensic exam site. This will allow the Center to provide 24 hour / 7-day coverage with certified nurses on call. Additionally, this will allow for part time clerical support for the Center. We are seeking an initial commitment fi.om the City of $15,000.00 to support the first year of operation. The target date for opening the center is July 1, 2002. Budget · This budget is based upon best estimates of costs. After the first year of operation, actual costs will determine future budget needs. Page 2 of 3 Staffing: · Costs of 24/7 on-call by certified RNs: 365 days per year ~ $4.00 per hour = $35,000.00 · Clerical support: ½ time initially ~ $14.00/hr: $14,560.00 · Costs for nursing quality improvement review of all cases brought to center: Two hour meeting occurring monthly = $224.00/momh: $2688.00/yr · Total $52,248.00 annually Excluded from this budget is the per victim cost of the actual exam. These costs will be billed, per exam, to the law enforcement agency having jurisdiction over the event. · Nursing fee for examination: $150.00 case rate · Supplies: $10.00 per exam · Medications: $70.00 per exam · Total: $230.00 Page 3 of 3 III. SAFE ALTERNATIVES FOR EVERYONE (SAFE) Attachment A - SAFE Program and Services R:\Wolnickg~Agendareports\Race for the Cure, SAFE, Circle of S~ety2.doc Safe Alternatives for Everyone is committed to providing services for children, youth and fam~ies who hove experfenced or are at ~sk of abuse or violence. Safe Alternatives for Everyone, Inc. is a 501 © (3) agency that was founded in 1998 by concerned citizens and community leaders to help families suffering with abuse and violence· S.A.F.E. believes all children have the right and deserve to live in violence free homes, schools and communities. Research has overwhelmingly shown that feeling safe is essential for the health and well being of all children. Unfortunately the reality for many children in the Temeeula Valley is that they do not feel safe in their homes, schools and communities Services · Cas~ mmugemer~ SAFE currently provides case management for families struggling with abuse and violence or have been identified to be at risk of abuse or violence. The SAFE Family Care Coordinator (FCC) will provide the Family with an assessment to help determine thc issues and the needs of the entire family as well as each individual member. The FCC will then provide lltmily support, resource development and help the family identify needed services to remediate the presenting Lssues. The FCC will also coordinate whatever services or agencies the family may already be involved in such as family court, Child Protective Services etc. This coordination will help ensure family compliance, service integration as well as no service duplioation. · Public Education/Workshops SAFE provides workshops on many different aspects of family violence. The Dating Violence Workshop provides parents and teens information on ways to identify potentially dan~erous situations, tools to deal with the situations and general education regarding to what dating violence is, The goal ofthis workshop is to educate parents mid teens to the seriousness and prevalence of dating violence in the Valley as well as the resources available to them if they need assistance. ~0520 R~ho California Road, Suite 107 * PMB 117 · Temeculo, Califor~a 92591-3282 909,587.3900 · FAX 909.587.3902 · SAFE At-Risk Child Development Center · Teen Violence Prevention and Intervention Services · Vocational/Educational Programs Wral>,a.round FuMing · School Program~ on violence prevention and drug prevention · Teen.rob Training and Internship Opportunities · In-Home Support Services · Additional Services idemified by the community Safe Alternatives for Everyone, Inc. Goals: * To provide the Temecula Valley with a central agency to develop, coordinate and case manage services for children, youth and families who have experienced or are at risk ofexporienceing abuse or violence, · To provide an inventory ofaveiiable services for families and identify the gaps in services based on family identified needs. · To provide the Temecuia Valley with additional and expanded services by seeking funds from state and federal agencies, foundations and other funding · To collaborate with existing service providers to form a cohesive safety net of service providers for the families in the Temecula Valley. · To provide Family Centered services which promote participation, skill building, and safety and discourages agency dependence. · "To Help Families Help Themselves" Safe Alternatives for Everyotm, Inc. is committed to providing tl~ much needed services to the growing Tmx~ecula Valley. As the population continues to increase, SAFE wants to meet the challenge of helping to build a social service infi'astrueture that will help ensure an excellent quality of life for all of the Temecuia Valley citizens. 30520 Rancho colltomla Road, Suife 107 * PMB 117 * Temecula, California 92591-3282 909.587.3900 · FAX 909.587.390) II. SAFE ALTERNATIVES FOR EVERYONE (SAFE) Attachment B - City and SAFE Funding Agreement R:~Wolnickg~Agendareports~Race for the Cure, SAFE, Cimle of S~ety2.doc FUNDING AGREEMENT BET1NEEN THE CITY OF TEMECULA AND SAFE ALTERNATIVES FOR EVERYONE This Agreement, made this 9th day of July, 2002, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and Safe Altematives For Everyone, a California nonprofit corporation (hereinafter referred to as "SAFE"). A. SAFE was established in 1998 with the goal of helping all children and families in the Temecuia Valley to live in violence-free homes, schools, and communities. SAFE provides the following services: family case management, referral and resource support, public education workshops, family assessment and teen violence prevention. SAFE. The City of Temecula desires to provide Community Services Funding for AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing Community Services Funding for SAFE of $15,000 cash, the City of Temecula shall receive the benefits and services as listed in Attachment A - 1. B. The Community Support Funding of $15,000 cash will be allocated to provide the Temecula Valley with a central agency, located on Pujol Street, and to coordinate and case manage services for children, youth, and families. In 12 months following the funding, SAFE will provide a general summary report on how funds were expended and used to benefit Temecula residents. The City requires back-up documentation (specifically copies of invoices, receipts and cancelled checks) to support the Community Support Funding. The 2002-03 funding must be adequately accounted for. Upon request, City staff may audit the supporting documentation from SAFE. C. Within 12 months following the SAFE allocation, SAFE shall prepare and submit to the Assistant City Manager a wdtten report evaluating the SAFE program and its accomplishments. D. The funds are to be used to offer desperately needed services for the Temecula Valley dealing with violence, abuse, and the threat of violence and abuse inflicting great harm on children and the community. E. SAFE agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of SAFE's acts or omissions or those of SAFE's employees, officers, agents, or invites in connection with the SAFE central agency to the maximum extent allowed by law. F. SAFE shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with SAFE and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, SAFE. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with SAFE. 3. Provide the following minimum limits: (A) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from SAFE. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or SAFE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: SAFE ALTERNATIVES FOR EVERYONE CITY OF TEMECULA BY: Melissa Donaldson, Executive Director Safe Alternatives for Everyone 30520 Rancho California Rd., Suite 117 P.O. Box 107 Temecula, CA 92592 Ronald H. Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A - 1 BENEFITS AND SERVICES Sate Alternatives for Everyone is committed to providing MrHces for children, youth and foml~les who hove experienced or are cd risk of abuse or vfo/ence. Safe Al~tives for Everyone, I~c, is a 501 O (3) agency that were founded in 1998 by ~ citi~ns ~ ~mm~ le~s ~ ~ f~Uies ~g w~ a~ ~ ~o1~. S.A.F.E. believes all children have the right snd deserve to llve in violence fi~e homes, schools mui communities. Research bas overwhelmingly shown that f~ling safe is essential for the he~d~h and well heing of all children. Un¢o~'unmzly the reality for r~ny children in the Tem~tda Valley is tl~ they do not feel safe in their homes, schools and Services · C~ managom~l~ SAFE currently provides case management for families struggltn~ ~ abuse and violence or haw been identified to be at risk of abuse or violence. The SAFE Family issues .ha tim ~eds of the entire family as well em each ;Mividual member. The FCC wUI then provide fnmily support, resource d~velopment and help the family idenfl6/ wtmtov~ services or agoncies the flunily may already be involved/n such vz family court, Child Protective Services etc. This coordination will help ensure ~m;ly compliance, service integration as well em no service duplication. SAFE provides workshops on many diffepmt aspects of fnmily violence. The Dating Violence Workshop provides pann~ and teens Information on ways to identify potem~.y dangerous situations, tools to dad with tim situations ami gmmml education rcgo~ling to what d__.~ violence is, The goal ofthi, workshop is to educate parents and teens to the seriousness and prevalence of datin~ violence in the Valley as well as the resources avallnble to them if they ~ nssistance. 30520 Rancha Califomla Road, Suite 107 * PMB 117 · Temecula, Calrforrdo 92591.3282 909.587.3900 · FAX 909.5B7.3902 Future//ervice~ . SAFE At-Risk Child Deve~ Center * Teen Violence Prevention and Intervention Services · VocationaVFAu~io,~! Programs · Wrap-a-round Funding · School Programs on v/olence prevention and drug prevention · T~en Sob Tr~i-!-$ and Ime~s__h~p Opportunities · In-Home Support Services · Additional S~vices identified by the community Safe AlteFnatives for Everyone~ Ine. (~oals; · To provide tho Temecula Valley with a cei?u~l agency ~o deveiop, coordinate end case manage services for ehilclv~ youth and families who have experienced or ere at ~ ofexperienceiog abuse or violence. · To provide an tnvantory of ava/fable serv/oes for fiunilies and/denl/fy the gaps in services based on family identified needs. · To pwvide the Temoanla Valley with additional and expanded services by * To collaborate with existtn~ service prov/dcrs to form a cohesive safety n~t of sc'nice providers for the £amilics/n tl~ Tcmecula Valley. · To provide Family ~ services which promote participation, s~nl building, · "To Help Families Help Themselves" Safe Alternatives for Everyone., Inc. is comm~d to providing the much needed services to the growing Temecula Valley. As th= population continues to increase, SAFE wants to meet the challenge of helping to build a social service infi'a.stmehtre that will help onsur~ an excellent quality of lifo for all of the Temecula Valley citizens. 30520 Roncho cattfomk:l Road, Suite ]07 * PMB ! 17 * Temecuta, Califomlo 92591-3282 909.587.3900. FAX 909.587.3902 ITEM 8 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY D .ECTOR OF CITY MANAGER CITY OFTEMECULA AGENDA REPORT City Council Thorson, City Attorney ,~~' Peter M. July 9, 2002 Second Amendment to City Manager's Employment Agreement RECOMMENDATION: That the City Council approve the Second Amendment to City Manager's Employment Agreement. BACKGROUND: On August 24, 1999, the City Council approved the Employment Agreement for City Manager Shawn Nelson. On August 8, 2000, the City Council approved the First Amendment to Mr. Nelson's contract. The attached Second Amendment will extend the terms of the City Manager's contract through July 27, 2006. In addition, and effective July 1,2002, the contract amendment will place the salary of the City Manager at $11,250 per month or $135,000 annually with periodic increases based on performance and general salary increases. FISCAL IMPACT: fiscal year 2002-2003. Funds for the proposed increase are within the budgeted amounts for Attachments: 1. Second Amendment to CityManager's Employment Agreement SECOND AMENDMENT TO EMPLOYMENT AGREEMENT THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT ("Second Amendment") is made and entered into as of July 9, 2002, by and between the City of Temecula, a California municipal corporation ("City"), and Shawn D. Nelson, an individual ("Employee"). RECITALS A. On August 24, 1999, City and Employee entered into an Employment Agreement describing the terms and conditions of Employee's employment with City as its City Manager ("Original Agreement"). B. On August 8, 2000, City and Employee entered into the First Amendment to City Manager's Employment Agreement ("First Amendment") modifying certain of the terms of the Original Agreement. The Original Agreement and First Amendment are collectively referred to as the "Agreement" in this Second Amendment. C. The parties now desire to extend the term of the Agreement and to modify certain terms and conditions of employment. NOW, THEREFORE, in consideration of the mutual obligations in this Second Amendment and the Agreement the parties agree as folloxvs and intend such agreement as the falfillment of and controlling over any statement in the preceding recitals: follows: Section 2 of the Agreement is hereby amended to read in its entirety as "2. Term. The term of this Agreement shall be through and including June 30, 2006, unless sooner terminated as provided in this Agreement, including any amendments." follows: Section 4 of the Agreement is hereby amended to read in its entirety as "4. Salary. "A. Effective as of July 1, 2002, City agrees to pay Employee for the services required by this Agreement, an annual base salary of One Hundred Thirty Five Thousand and No/100 Dollars ($135,000.00) and benefits, payable on City's regular paydays and benefit payment dates. Said annual base salary includes the cost-of- living allowance for this period of the Agreement and the cost-of-living allowance described in subparagraph D shall not be added to the annual base salary for this period of the Agreement. "B. Effective on January 1, 2003, City agrees to pay Employee for the services required by this Agreement, an annual base salary of One Hundred Forty 691754.1 July 2, 2002 1 Four Thousand Nine Hundred Ninety Six and No/100 Dollars ($144,996.00), unless following a progress review the City Council elects to retain the salary described in subparagraph A. for the period of January 1, 2003 to June 30, 2003, and benefits, payable on City's regular paydays and benefit payment dates. Said annual base salary has been calculated to include the cost-of-living allowance for this period of the Agreement and the cost-of-living allowance described in subparagraph D shall not be added to the annual base salary for this period of the Agreement. "C. Effective on July 1, 2003, City agrees to pay Employee for the services required by this Agreement, an annual base salary of One Hundred Fifty Three Thousand Eight Hundred Sixteen and No/100 Dollars ($153,816.00) and benefits, payable on City's regular paydays and benefit payment dates. Said annual base salary has been calculated to include the cost-of-living allowance for this period of the Agreement and the cost-of-living allowance described in subparagraph D shall not be added to the annual base salary for this period of the Agreement. The cost-of-living allowance described in subparagraph D shall begin on July 1, 2004. "D. In addition to the annual base salary amounts provided in this Agreement, the City agrees to increase Employee's annual base salary and benefits in such a percentage and to such extent as the cost-of-living allowance ("COLA") City Council approves for other Executive Management Group employees of the City. In the event City grants different COLA increase amounts to different classifications within the Executive Management Group, Employee shall receive at least the overall average of the increases provided to all members of the Executive Management Group. Employee shall receive such increases without the necessity of amending this Agreement. "E. Effective July 1, 2002, and in addition to annual base salary and other benefits, City shall contribute an amount equal to the maximum normal contribution permitted annually during a calendar year, for Internal Revenue Code § 457 deferred compensation plans to a deferred compensation plan of Employee's choice, pursuant to Government Code § 53213. The maximum normal contribution will be determined by applicable state and federal law (IRC § 457(b)(2) or successor). Such contribution will be prorated and paid twenty-four (24) pay periods annually and will also be prorated for partial years of employment. The parties agree that the salary additive is discontinued, effective with the deferred compensation contribution provided under this paragraph. The parties also agree that the deferred compensation contribution provided under this paragraph is in lieu of, and not in addition to, other employer-paid deferred compensation contributions or employer-paid matching contributions, if any." 3. Section 3, Paragraph B, of the Agreement is hereby amended to read in its entirety as follows: 691754.1 July 2, 2002 2 "B. In the event Employee is terminated by the City Council and upon the expiration of the term of this Agreement without renewal, City agrees to pay Employee a terminating cash payment equal to six (6) months of Employee's monthly salary, except as otherwise provided in this section. Effective July 1, 2003, the terminating cash payment shall be equal to seven (7) months salary. Effective July 1, 2004, the terminating cash payment shall be equal to eight (8) months salary. Effective July 1, 2005, the terminating cash payment shall be equal to nine (9) months salary." Subparagraphs B(1), B(2), and B(3) of Section 3 are not modified by this Second Amendment and remain in full force and effect. 4. Except as otherwise provided in this Second Amendment, this Second Amendment will be effective on and after July 1, 2002. The original term of the Agreement, not withstanding, this Second Amendment shall have the effect of continuing the Agreement without interruption. 5. This Second Amendment, together with the Agreement, constitutes the entire agreement between the parties pertaining to the subject matter thereof, and any and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Second Amendment and shall be of no further force or effect. 6. Except as otherwise provided in this Second Amendment, all other terms of the Agreement remain in full force and effect. [Signatures on Following Page] 691754.1 July 2, 2002 3 IN WITNESS WHEREOF the parties have executed this Second Amendment, as of the day and year first written above. CITY OF TEMECULA By: Ron Roberts Mayor Attest: Susan Jones, CMC City Clerk Approved as to Form: Peter M. Thorson City Attorney EMPLOYEE Shawn D. Nelson 691754.1 July2, 2002 4 ITEM 9 APPROVAL CitY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Council ,- Jim O'Grady, Assistant City Manage~ July 9, 2002 First Amendment to State Lobbyist Contract PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council approve the First Amendment for State lobbying services with the Wilson Group, LLC in the amount of $3,500 per month. BACKGROUND: On November 27, 2001, the City Council approved a 7-month contract for State lobbying services with the Wilson Group, LLC. it was determined that this contract would remain in effect through June 20, 2002 and could be extended by the City Council based upon performance. City Council and City Staff have met several times with Mr. Wilson and his staff in discussing State Policies and legislation that may adversely impact our community and we have been satisfied with his performance to date. In addition, the Wilson Group has made significant efforts in preserving the City's interests and providing influence surrounding the City's submittal of an $8.5 million dollar grant application for new library construction. The main focus and effort of The Wilson Group, LLC, will continue to revolve around the City's Library Grant application, which is now being reviewed by staff members in Sacramento for the Office of Library Construction. Upon completion of this process, the Library Bond Council made up of elected officials will be making critical funding decisions for this first round of disbursement. The Wilson Group has and will continue to play an active role in supporting the City's submittal for funding a new public library. Costs for lobbying services will remain unchanged and in the amount of $3,500 per month. It is stafCs recommendation to extend the term of the contract with the Wilson Group, LLC for one year to allow them to remain committed to lobbying on the City's behalf. FISCAL IMPACT: fiscal year 2002-2003. Funds for the proposed increase are within the budgeted amounts for Attachments: 1. First Amendment to State Lobbyist Agreement AMENDMENT TO THE AGREEMENT BETWEEN THE WILSON GROUP, LLC AND THE CITY OF TEMECULA This Amendment to the Agreement is made and entered into July 1, 2002, by and between the City of Temecula, a municipal corporation ("City"), and the Wilson Group, LLC("Consultant"). In consideration of the mutual covenants and conditions set forth in the original Agreement dated December 1, 2001. RECITALS The City of Temecula and the Wilson Group, LLC entered into an agreement entitled "City of Temecula Agreement for Consultant Services California State Lobbyist Services" for a term that began on December 1, 2001 and which will end June 30, 2002. The Agreement provides that "If the City is satisfied with the consultant's performance, then the contract can be extended on a year to year basis for 3 additional years." and if the City is satisfied with the consultant's performance, then the contract can be extended on a year to year basis. B. The parties wish to extend the term of the Agreement until July 1, 2003. NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend section one (1) of the agreement to read as follows: TERM This Agreement shall commence on July 1, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 1,2003, unless sooner terminated pursuant to the provisions of this Agreement. If the City is satisfied with Consultant's performance, then the contract can be extended on a year to year basis for 2 additional years." Except as otherwise provided above, all the provisions of the Agreement between the Wilson Group, LLC and the City of Temecula, effective December 1, 2001, shall remain if full force and effect. IN WITNESS WHEREOF of the parties have caused the Amendment to be executed as follows: BY: BOB WILSON, Legislative' Advocate BY: SHARMAN WiLSON, Corporate Secretary BY: RON ROBERTS, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved as to Form: Peter M. Thorson, City Attorney DATED: DATED: DATED: DATED: DATED: ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FI,.NA-J~E CITY MANAGEFf'~ TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Council Jim O'Grady, Assistant City Manage~ July 9, 2002 David Turch & Associates contract for Federal Legislative Services PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council approve the contract for Federal legislative services to be provided by David Turch & Associates in the amount of $36,000. BACKGROUND: David Turch & Associates have been providing Federal legislative lobbying services for the City since 1997. Each subsequent year since, the City Council Council has approved one-year amendments extending the contract with David Turch & Associates. In the past, David Turch & Associates have provided great assistance in obtaining Federal funds. David Turch & Associates have assisted us with lobbying efforts and have been instrumental in obtaining funding on the following projects: Overland Bridge Overcrossing (TEA 21)- $3,750,000.00 Pierce's Disease (House Appropriations FY2001)- $ 2,000,000.00 Pierce's Disease (Agricultural Research Svcs)- $1,100,000.00 Murrieta Creek (Flood Control 1999)~ $100,000.00 Bus Shelters (FY 2001 )- $200,000.00 Last year FY 2002, David Turch and Associates were instrumental in obtaining additional funding. Listed below is a list of accomplishments: · Transportation-Transportation Appropriations Billproviding $4,000,000 in funding for Pala Road · Ener,qy & Water- Funding of $1,000,000 was included for the Murrieta Creek flood control project · VA/HUD (EDI)- Vail Ranch Middle School Basketball Lighting $90,000 and $30,000 for a Job Skills and Commuter Census Projects currently being requested for funding by David Turch & Associates include: Cherry Street Interchange, medians and other improvements to Highway 79 South, Landscaping on Interstate 15, Old Town Gymnasium, and the Temecula Marketing and Tourism Plan. The Transportation Equity Act for the 21 st Century (TEA 21 ), the six-year authorizing bill for major transportation projects, will expire on September 30, 2003. Hearings on reauthorizing legislation have already begun. Staff, in conjunction with David Turch and Associates will begin working on transportation projects for inclusion in the successor to TEA-21. The House Committee on Transportation and Infrastructure expects to call for projects next January or February. It is staff's recommendation to extend the contract one-year with David Turch and Associates. Total costs for one year of service is $36,000. FISCAL IMPACT: Contract costs increased $3,500 from last year. In anticipation of this increase, appropriate funding has been budgeted in the amount of $36,000 in 001-999-110-5248. Attachments: David Turch & Associates Contract David Turch & Associates Memo for Proposed Services CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES FEDERAL LOBBYIST SERVICES THIS AGREEMENT, is made and effective as of July 1, 2002 between the City of Temecula, a municipal corporation ("City"), and David Turch & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1,2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2003, unless sooner terminated pursuant to the provisions of this Agreement. If the City is satisfied with consultants performance, then the contract can be extended on a year to year basis. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City shall pay a monthly fee for these services upon receipt of the signed agreement in the amount of $3,000.00/month. This amount shall not exceed thirty six thousand dollars ($36,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Because this project will be billed at a fixed fee, rather than on an hourly basis, two invoices will be submitted in accordance to the specifications outlined in section 4a above. Uodated 2/2/01 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSF. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant v, ill submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the previsions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a de~ult. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be dearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representati,,es, 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 I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and propertydamage. 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 projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the bllowing provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by oron behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by cedified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to complywith these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a Undated 2/2/01 person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements elfecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's e)clusive direction and control. Neither Citynor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liabilitywhatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to complywith this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, emptoyees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) Uodated 212101 delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager David Turch & Associates 517 2nd Street Northeast, Washington D.C. 20002 Attention: David Turch 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation ofthis Agreement. Anylitigation 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrrants and represents to the City that no officer or employee of !he City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, ~n 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 bylaw or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. Alt prior or Updated 2/2/01 contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further rome or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Uod~led 212101 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT David Tumh & Associates 517 2°d Street Northeast, Washington D.C. 20002 By: Name: Title: By: Name: Title: Undated 2/2/01 (Signatures of two corporate officers required for Corporations) [Jodaled 2/2/01 EXHIBIT A TASKS TO BE PERFORMED SCOPE OF WORK Government Affairs-Legislative Advocacy I. Scope of Project City hereby engages the services of Consultant to advise, counsel and represent Temecula with, principally but not limited to, its afairs with the Legislative and Executive Branches of the Federal Government. Consultant herebyagrees to faithfully and to the best of its ability, promote and represent Temecula and its interests with, principally but not limited to, the ad',ancement of federal legislative proposals, grants and funding sources for transportation, economic development and emergency preparedness which could have a substantial impact on Temecula or the conduct of its operations. It is further understood and expected, that from time to time, or on a continuing basis, other tasks, whether general or specific, may be requested and performed by the mutual consent of the parties. Adjustments to the compensation schedule, ifany, for such other tasks shall be mutually agreed to by the parties on a case bycase basis. Hadaled 2/2/01 EXHIBIT B PAYMENT RATES AND SCHEDULF The City shall pay a monthly fee for these services upon receipt of the signed agreement in the amount of $3,00.00/month. This amount shall not exceed thirty six thousand dollars ($36,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Undated 212101 C- avid urch and,. ssociates TO: FROM: DATE: RE: Shawn Nelson Aaron Adams Marilyn Campbell June 28, 2002 Agreement for Consultant Services Our agreement with the City of Temecula for consultant services expires on June 30, 2002. We would like to renew the agreement for an additional year, effective July 1, 2002 and continuing through June 30, 2003, at an annual rate of $36,000. Below is a list of accomplishments for projects we pursued on behalf of the City of Temecula last year (FY 2002). Transportation - Pala Road Improvement Pro[ect The FY 2002 transportation appropriations bill provided $4 million in funding for improvements to Pala Road as it enters the Pechanga Indian Reservation, an integral piece of the City's goal of providing traffic relief to the south corridor of Temecula. Energy and Water - Murrieta Creek Funding of $1 million was included for the Murrieta Creek flood control project in the FY 2002 energy and water appropriations bill. Language in the Committee report states that the Secretary of the Army is directed "to use funds appropriated herein to continue preconstruction engineering and design of the Murrieta Creek, California, flood protection and environmental enhancement project and is further directed to continue with the project in accordance with cost sharing established for the Murrieta Creek project in Public Law 106-377." 517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002 (202) 543-3744 Public Law 106-377 authorized the project at a total cost of $90,866,000, with an estimated Federal cost of $59,063,900 and an estimated non-Federal cost of $31,803,100 (basically a 65/35 percent split). VA/HUD - Economic Development Initiatives (EDI) Two projects requested by the City were funded in the VA/HUD appropriations bill: Vail Ranch Middle School Basketball Lighting Project $ 90,000 Job Skills and Commuter Census $ 30,000 FY 2003 Appropriations and Renewal of TEA-21 We are pursuing federal funding this year (FY 2003) on behalf of the City for several proposed transportation and economic development projects: Cherry Street Interchange; medians and other improvements to Highway 79 South; landscaping on Interstate 15; the Old Town Gymnasium; and the Temecula Marketing and Tourism Plan. The Transportation Equity Act for the 21st Century (TEA-21), the six year authorizing bill for major transportation projects, will expire on September 30, 2003. Hearings on reauthorizing legislation have already begun. Now is the time to begin working on transportation projects for inclusion in the successor to TEA-21. The House Committee on Transportation and Infrastructure expects to call for projects next January or February. We will work with the City to develop and promote its funding requests as Congress considers this vital legislation. It has been a pleasure to work with the City over the past several years. We look forward to a continued successful relationship. ITEM 11 TO: FROM: DATE: SUBJECT: APPROVAL /~, ,.~..-~L CITY ATTORNEY ~ DIRECTOR OF FINANCE ~ I C,TY MANAGER ~;~-I CITY OFTEMECULA AGENDA REPORT City Manager/City Council M/~VVilliam G. Hughes, Director of Public Works/City Engineer July 9, 2002 Acceptance of an Irrevocable Offer of Dedication of Grant of Easement for Drainage Purposes within Parcel 1 of Parcel Map 22554 PREPARED BY: f~onald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer - Land development RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR DRIANAGE PURPOSES WITHIN PARCEL 1 OF PARCEL MAP 22554 BACKGROUND: Design of Tract Map 23209 includes installation of certain storm drain facilities to collect and convey upstream runoff. The latter is within Parcel Map 22554 hence Lennar Land Partners II, the owners of Parcel Map 22554, are dedicating the required easement to the City in order to accommodate the maintenance of the storm drain facilities/inlets. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2002- 2. Irrevocable Offer of Dedication of Grant of Easement with Exhibit "A", "B" and "C" made parts thereof. R:\agdrpt\01\1023\pm 28530-1 parcel 2.storm drain easement dedication 1 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR DRAINAGE PURPOSES WITHIN PARCEL 1 OF PARCEL MAP 22554 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: The design of Tract Map 23209 requires installation of certain storm drain facilities to collect and convey upstream runoff within Parcel Map 22554; The owners of Parcel Map 22554, Lennar Land Partners II, are herby submitting an irrevocable offer of dedication of grant of easement for drainage purposes, C. Said easement is to the City in order to accommodate the maintenance of the storm drain facilities/inlets, D. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of easement for drainage purposes by Lennar Land Partners II as described in Exhibits "A", "B", and shown in Exhibit "C" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of easement for drainage purposes by Lennar Land Partners I1. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of July 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC, City Clerk R:~agdrpt\01\1023\pm 28530-1 parcel 2.storm drain easement dedication 2 (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2002- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9~h day of July, 2002 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~agdrpt\01\1023\pm 28530-1 parcel 2.storm drain easement dedication 3 EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula - City Clerk P.O. Box 9033 Temecula, CA 92589-9033 IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT The undersigned LENNAR LAND PARTNERS II, a Florida general parmership ("Grantor"), being the title owner of record of the real property sintated in the City of Temecula, County of Riverside, State of California more particularly described on Exhibit "A" attached hereto (the "Property"), does hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California ("City"), and its successors or assigns, of an easement for drainage purposes on and over that certain portion of the Property described in Exhibit "B" (written description) and shown on Exhibit "C" (plat map) attached hereto ("Drainage Easement"). Grantor hereby makes an irrevocable offer of dedication to the City, and it successor and assigns, of an easement for temporary ingress and egress on, over, and across those portions of the Property as may be reasonably necessary to maintain the storm drainage system located within the Drainage Easement ("Access Easement"). Such Access Easement shall terminate, at no cost to Grantor, as follows: (i) the Access Easement over that portion of the Property located to the north of that certain pubhc street commonly known as Ahem Place shall terminate upon the commencement of construction upon the Property north of Ahern Place; and (ii) the Access Easement over that portion of the Property located to the south of Ahem Place shall terminate upon the commencement of constmcfion upon the Property south of Ahern Place. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit ofandbe binding upon heirs, successors, assigns and personal representatives of the respective parties hereto. IN WITNESS THEREOF, these presents have executed this instrument this STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On ~t~?f~ I ~, ~--7~, before me, ~IFIf~-~}~ Notari7 Public.in and for~gid State, personally appeare~l ' ' personally known to me (er ~rc¥:d to mc ,.~4~rree') to be the person(~-) whose name(~.) is/a~o subscribed to the within instntment and acknowledged to me that he/gRc/t~cy executed the same in his/her/~g~z authorized capacity(.~es), and that by his~cr/~ck signature(~ on the instrument, the person00, or the entity upon behalf of which the person(~) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , before me, Notary Public in and for said State, personally appeared personally known to me (or 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 his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t~'~l'l dayof ~f}9~ri ~ ,20 ~)o~-. 'l LENNAR LAND PARTNERS II, a Florida general parmership By: Lennar tlomes of California, Title: a California ~)rporation ~t ~At t orn~v~4in-Fac t By: /~.~ /~/i Title ..,<.~. 1//o~e ~&.~ ~ My C~mm. F-,~ire~ M~r 2. 2005 Signature EXHIBIT "A" LEGAL DESCRIPTION FOR THE PROPERTY THAT PORTION OF PARCEL 1 OF PARCEL MAP 22554, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 147 PAGES 94 TO 97 INCLUSIVE OF PkRCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF BUTTERFIELD STAGE ROAD 55.00 FEET WIDE, SAID POINT BEING THE INTERSECTION OF SAID SOUTHWESTERLY LINE AND THE NORTHERLY TERMINUS OF THAT CERTAIN LINE SHOWN AS "NORTH 03° 25' 05" EAST 33.78 FEET; ON THE MAP OF TP~ACT NO. 23103-1, RECORDED IN BOOK 252 PAGES 29 TO 31 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE SOUTH 03° 25' 05" WEST ALONG SAID LINE 33.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT "A" AS SHOWN ON SAID M3~P; THENCE ALONG SAID NORTHWESTERLY LINE AND IT'S SOUTHWESTERLY EXTENSION THE FOLLOWING COURSES; SOUTH 50° 30' 29" WEST 230.49 FEET TO THE BEGINNING OF A TANGENT CURVE; CONCAVE SOUTHEASTERLY AND HAVING A R3%DIUS OF 430.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTR3LL ANGLE OF 7° 57' 50" A DISTANCE OF 59.77 FEET; THENCE NORTH 67° 58' 21" WEST 106.94 FEET; THENCE NORTH 73° 52' 03" WEST 79.43 FEET; THENCE NORTH 73° 36~ 11" WEST 79.76 FEET; THENCE NORTH 03° 57' 22" EAST 181.40 FEET; THENCE NORTH 19° 54' 52" WEST 55.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLA OF 14° 20' 45" A DISTANCE OF 37.56 FEET; THENCE NORTH 55° 44' 23" EAST 68.44 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5110.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 55° 44' 23" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 56' 25" A DISTANCE OF 351.42 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 59° 40' 48" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80 29' 17" A DISTANCE OF 40.00 FEET; THENCE SOUTH 28° 21' 22" WEST 165.00 FEET; THENCE NORTH 89° 49' 19" WEST 310.00 FEET; THENCE NORTH 00° 28' 01" EAST 2001.50 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID BUTTERFIELD STATE ROAD, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 4855.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 81° 50' 04" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 40' 49" A DISTANCE OF 2599.72 FEET TO THE POINT OF BEGINNING. EXCEPTING ALL MINERALS, OIL, GAS AND RIGHTS BELOW THE DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION IN DEED RECORDED NOVEMBER 13, 1987 AS INSTRUMENT NO. 326397 OF OFFICIAL RECORDS OF SAID COUNTY, AND AS GRANTED TO MIDLAND INVESTMENT CORPORATION IN A DOCUMENT RECORDED APRIL 15, 1988 AS INSTRUMENT NO. 99500 OF OFFICIAL RECORDS OF SAID COUNTY. EXHIBIT 'B' LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS tLLL THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 22554, AS SHOWN BY MAP ON FILE IN BOOK 147, PAGES 94 THROUGH 98 OF MAPS, RECORDED DECEMBER 31, 1987 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ~A' COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF SAID PARCEL 1 WHOSE COURSE BEARS NORTH 00°28'01'' EAST PER SAID PARCEL MAP, SAID POINT BEING THE INTERSECTION WITH SAID WESTERLY BOUNDARY AND THE CENTERLILNE OF SOUTH GENERAL KEARNY ROAD AS SHOWN ON SAID PARCEL MAP NO. 22554; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00°27'48'' EAST 512.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY 2. NORTH 00°27'48" EAST 20.00 FEET; THENCE LEAVING SAID WESTERLY BOUlVDARY 3. NORTH 84°00'11" EAST 75.21 FEET; THENCE 4. SOUTH 05059'49'' EAST 20.00 FEET; THENCE 5. SOUTH 84°00'11'' WEST 76.34 FEET; THENCE 6. NORTH 89o32'02'' WEST 1.13 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1527 SQUARE FEET MORE OR LESS. PARCEL ~B' COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF SAID PARCEL 1 WHOSE COURSE BEARS NORTH 00°28'01" EAST PER SAID PARCEL MAP, SAID POINT BEING THE INTERSECTION WITH SAID WESTERLY BOUNDARY AND THE CENTERLILNE OF SOUTH GENERAL KEAR/gY ROAD AS SHOWN ON SAID PARCEL MAP NO. 22554; THENCE ALONG SAID WESTERLY BOUNDARY 1. SOUTH 00°27'48" WEST 66.34 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID R:\WP\Leg~8\2~00\2~a-D~-pS~ ~.doc PAGE 1 OF 2 2. SOUTH 00°27'48'' WEST 20.36 FEET; 3. NORTH 79°36'32'' EAST 4. NORTH 72°41'47'' EAST 5. NORTH 17°18'13'' WEST 6. SOUTH 72°41'47" WEST 7. SOUTH 79036'32`' WEST CONTAINS 2008 34.30 FEET; 69.25 FEET; 20.00 FEET; 68.05 FEET 29.26 FEET SQUARE FEET MORE OR LESS. WESTERLY BOUNDARY THENCE LEAVING SAID WESTERLY BOUNDARY THENCE THENCE THENCE THENCE TO THE TRUE POINT OF BEGIN'NING. 12/31/03 DATE PAGE 2 OF 2 EXHIBIT "C" SHEET 1 OF 2 PROJECT SITE, VICINITY MAP NOT TO SCALE ASSESSOR'S PARCEL NUMBERS; 955-050-009 953-$90-007 OWNERS: LENNAR LAND PARTNERS, II. A FLORIDA GENERAL PARTNERSHIP BASIS OF BEARINGS; THE BASIS OF BEARINGS FOR THIS DRAFi,1NG IS THE EAST LINE OF PARCEL 4, ALSO C/L BUTTERFIELD STAGE ROAD AS SHOWN ON PARCEL MAP FILED IN BOOK ! PAGES 44-46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE, CALIFORNIA BEING N 00'27'48' E. ( ) [ ] LEGEND: INDICATES DRAINAGE EASEMENT DEDICA TED HEREON PARCEL 'A' - AREA: 1527 SO FT PARCEL 'B' - AREA: 2008 SO FT INDICATES RECORD DATA PER PM 1/44-46 INDICATES RECORD DATA PER PM 147/94-98 SCOTT A. HURST L.S~ 7178 REGISTRATION EXPIRES 12/31/03 T:\ SURVEY\2].38\PLATS\ Temer'~ln \ 21RRPn1 ,~ ~,~, .81 PLAGE ,90 92 91 LINE BEARING LENGTH L! NOO'27'48'*E 20,00' L2 N84'OO'II'E 75,21' L3 S05~9°49°E 20.00' L4 $84'00'11'W 76.$4' L5 N89*J2'O2"W 1,13' L6 S00'27'48'W 20.36' L7 N79"36'J2'E J4.30' L8 NTZ"41'47"E 69.25' L9 NIT'IS"I$"W 20.00' LIO $72'41'47'w 68.05' Lll S79'36'32'W 29.26° PARCEL 1 PARCEL MAP NO. 22554 T=\SURVEY\8138\PLATS\B138POP,dw,q ACCEPTANCE CERTIFICATE This is to certify that the interests in real property as set forth in the irrevocable Offer to Dedicate to the City of Temecula, a municipal corporation, is hereby accepted for purposes of recordation by order of the City Council on and City consents to the recordation thereof by its duly author/zed officer with the understanding that the City does not, at this time, accept the offer of dedication. ATTEST: By: APPROVED AS TO FORM: By: CITY OF TEMECULA By: ,Mayor , City Clerk , City Attorney ITEM 12 APPROVAL CITY ATTORNEY ~ DIRECTOROF FINANCE~_ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer July 9, 2002 Amendment No. 2 to Construction Contract for Fiscal Year 2002:2003 Street Striping Program - Project No. PW01-12 PREPARED BY: ~,~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve Amendment No. 2 to the Construction Contract with C-16, Inc. for the Fiscal Year 2002-2003 Street Striping Contract, Project No. PW01- 12 for an amount of $225,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On August 28, 2001 the City Council approved the annual FY2001-2002 Street Striping Program in the amount of $173,020.59. The Street Striping Program includes sandblasting and re-painting of street striping twice per year in order to insure visibility and reflectiveness of street striping. Amendment No. 1 in the amount of $60,000.00 was approved by City Council on February 26, 2002. This additional scope of work was necessary due to additional requests from the Public Works Traffic Division for the Temeku Hills Golf Cart Lane Project for the placement of approximately 25,000 feet raised pavement markers. There has aJso been additional smaller striping projects throughout the City that were in addition to the original scope of work, which required sandblasting and re-striping. The construction schedule is a yearly contract, which began in November, 2001. This contract does contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years by the prevailing construction cost index. FISCAL IMPACT: Adequate funds are available for Amendment No. 2 in the amount of $225,000.00 in the Fiscal Year 2002-2003 Public Works Traffic Division Striping/Stenciling Account No. 001-164-602-5410, and Street Maintenance Striping/Stenciling Account 001-164-601-5410. The total construction cost including Amendment 2 is $475,322.65, which includes Amendment No. 1 amount of $60,000.00 and the original contract amount of $173,020.59 plus the 10% contingency amount of $17,302.06. ATTACHMENT: Amendment No. 2 1 R:~AGENDA REPORTS~002\070902\PW01-12 stdping Amend 2DOC SECOND AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND C-18, INC. FISCAL YEAR 2002-2003 STREET STRIPING PROGRAM PROJECT NO. PW01-12 THIS SECOND AMENDMENT is made and entered into as of July 9, 2002 by and between the City of Temecula, a municipal corporation ("City") and C-18, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On August 28, 2001, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Construction" ("Contract"). B. The Agreement was amended on February 26, 2002. The Agreement as amended shall be referred to as the ("Agreement"). C. The parties now desire to amend the Contract as set forth in this Amendment. 2. Section 4 of the Contract is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDULF. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FOUR HUNDRED FIFTY EIGHT THOUSAND TWENTY DOLLARS AND FIFTY NINE CENTS (458,020.59), the total amount of the base bid. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\CIP~PROJECTS~PW01kPW01-i2\C 18 AMENDMENT 2.DOC IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Ron Robeds, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR C-18, Inc. 330 E. 3Cd Street Beaumont, CA 92223 (909) 845-3099 Susan Hathaway, Secretary 2 R:\CIPkPROJECTSX, PWOI LPWO 1 - 121C 18 AMENDMENT 2.DOC SUPPLEMENTAL MATERIAL WITH REGARD TO CONSEN'F CALENDAR ITEM NO. (.~ ~TREET STRIPING) SEC(~ ~ID AMENDMENT TO CONTRACT BE'I'~ VEEN CITY OF TEMECULA AND C-18, INC. FISCAL YEAR 2002-2003 STREET STRIPING PROGRAM PROJECT NO. PW01-12 THIS SECOND AMENDMI -'NT is made and entered into as of July 9, 2002 by and between the Cityof Temecula, a municipal ~ orporation CCity") and C-18, Inc. (uContractor"). In consideration of the mutual covenants and con( itions set forth herein, the parties agree as follows: 1. This Amendment i= made with respect to the following facts and purposes: A. On Augus 28, 2001, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Street Striping Program" ("Contract"). B. On Februa 7 26, 2002 the Agreement was amended to increase the total amount of services for the term of the agreement not to exceed $233,020.59 unless additional paymen~ is approved as provided in this Contract. C. The parties now desire to amend the Contract as set forth in this Amendment. The City de sires to increase the Contract amount by $225,000.00 for Street Striping Se~ vices for Fiscal Year 2002-2003. The parties also wish to extend the term of ihe agreement to June 30, 2003. 2. Section 4 of the C< ntract is hereby amended to read as follows: CONTRACT AM( UNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accep, in full payment for, the work agreed to be done, the sum of: FOUR HUNDRED FIFTY EIGHT THOUSAND TWENTY DOLLARS AND FIFTY NINE CENTS (458,020.59), the total amount of he base bid. 3. Section 5 of the C¢ ntract is hereby amended to read as follows: TERM This Agreel nent shall be for a period ofone (1) fiscal beginning July 9, 2002 and ending the 30~ day of June, 2003 unless terminated or extended as provided. The City reserves' he right of option to extend this Contract and to renegotiate the unit pdce for the in( ividual bid items of work specified herein. The quantities of work to be performed., hall be requested at the time of negotiating such extension. Renegotiated pdc~ shall be valid for one (1) year commencing on the first day of July of each fiscal year. In no event shall this Contract be extended beyond the 30= day of June 2005. 4. Except for the char ges specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, !he parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thomon, City Attomey CONTRACTOR C-18, Inc. 330 E. 3r~ Street Beaumont, CA 92223 (909) 845-3099 Susan Hathaway, Secretary 2 ITEM 13 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE CITY MANAGER ~1 ~(~ i. ty Manager/City Council '~/~'v, villiam G. Hughes, Director of Pub c Works/City Engineer July 9, 2002 Amendment No. 3 with West Coast Arborists, Inc. for Renewal of Citywide Tree Trimming Maintenance Contract PREPARED BY'.~Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve Amendment No. 3 for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one (1) year beginning July 1, 2002 in an amount of $100,000.00 and authorize the Mayor to execute the contract extension. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00, which is equal to 10% of the contract amount. BACKGROUND: On July 27, 1999 The City Council approved the Citywide Tree Trimming Maintenance Contract with West Coast Arborists, Inc. in the amount of $150,000.00. The original Contract contains provisions that allow the Contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years by the prevailing construction cost index. The work performed includes Class I tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-outs. This work is necessary to maintain approximately 7,500 right-of-way trees known as the City's Urban Forest. The contractor will inventory all right-of-way trees by name, size and locations. Amendment No. 1 for the contract extension for Fiscal Year 2000-2001 was approved by City Council on June 27, 2000 in the amount of $150,000.00, and Amendment No. 2 for Fiscal Year 2001-2002 was approved by City Council on July 10, 2001 in the amount of $150,000.00. West Coast Arborists, Inc. has performed satisfactory work during the past two (2) years and has responded efficiently in all emergency situations. Amendment No. 3 is for the contract extension for Fiscal Year 2002-2003 in the amount of $100,000.00. This will bring the total contract amount to $550,000.00 for the cost of maintaining trees that are in the public right-of-way. The full term of the contract plus the three (3) year extension provision will expire June 30, 2003. FISCAL IMPACT: Adequate funds are available in the FY2002-2003 Operating Budget for in the Public Works Maintenance Division, Routine Street Maintenance Account No. 001-164-601-5402 for the contract extension in the amount of $100,000.00 and the contingency amount of $10,000.00 for the Amendment No. 3 amount of $110,000.00. 1 R:\agdrpt~002\0709/tree trim extension amend 3/alp ATTACHMENTS: 1. Amendment No. 3 2. Amendment No. 2 3. Amendment No. 1 4. Original Contract 2 R:~agdrpt~002\0709/tree trim extension amend 3/ajp THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. THIS THIRD AMENDMENT is made and entered into as of July 9, 2002 byand between the City of Temecula, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 27, 1999 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). B. The Agreement was amended June 27, 2000 and again on July 10, 2001. The Agreement as amended shall be referred to as the "Agreement." C. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDUI F. The CITY agrees to pay, and CONTRACTOR monthly, in accordance with the payment rates as set forth in Exhibit B attached hereto and incorporated herein by this reference as though set forth in full, based upon actual services provided. This amount shall not exceed FIVE HUNDRED FIFTY THOUSAND DOLLARS and NO CENTS ($550,000.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2003. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bemardino ALL Urban Consumers index to determine the percentage of increase or decrease, the term "previous twelve months: shall mean the twelve (12) month period ending June 30th of that year, or if not available, the prior month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Ron Roberts, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arbodsts, Inc. 2200 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 BY: Patrick O. Mahoney, President BY: Rose Epperson, Vice President 2 Tree Care Professionals Serving Communities Who Care About Trees www. WCAINC.com May 22, 2002 City of Temecula AITN.: Brad Buron, Maintenance Superintendent P.O. Box 9033 Temecula, CA 92589 RE: RENEWAL OF TREE MAINTENANCE AGREEMENT Dear Brad, We sincerely appreciate the hard work you and your staff provided during this past year to help make this venture a huge success for the residents of Temecula. Since 1999, we have worked with City staff to develop a "team effort' approach in the care of the City's urban forest. As a result of the successful partnership built between the City and our company, more and more trees have been maintained annually at the current unit prices. As we near the end of the fiscal year, it is time to renew our tree maintenance agreement. As you are well aware, due to recent economic developments, the cost of doing business is on the rise. The current Agreement allows for the contract to be extended annually contingent on a mutual agreement. With this in mind, we respectfully request a unit price increase based on the Construction Cost Index of 2.8% beginning July 1, 2002. I have attached for your review the proposed price schedule. We appreciate your ongoing efforts to make this Agreement a success for both the City and WCA and look forward to continuing a successful business relationship. We appreciate your consideration for the price modification but if you have any concerns regarding the change please do not hesitate to call me at (800) 521-3714. Sincerely, Victor M. Gonzalez Director of Marketing R C EiVED ~AY 2~2 2002 Cl'~ OF TEMECULA ENGINEERING City of Temecula Fiscal Year 2002/2003 proposed CPI pdce adjustment I Grid Tdmming Each 2 Service Request Each 3 Clearance Trimming Each 4 Tree and Slump Removal Inch 5 Slump Only Removal Inch 6 Plant 15 gal bee w/o RB Each 7 Plant 15 gal bee wilh RB Each 8 Plant 24" Box tree w/o RB Each 9 Plant 24" Box bee with RB Each 10 Plant 36" BOx ~ Each 11 Root Pruning w/o RB Each 12 Root Pruning wi RB Each 13 Crew Rental - 3 man crew Hour 14 Emergency Crew Rental Hour 15 Watering Day $ 30.00 $ 30.80 $ 30.00 $ 30.80 $ 15.00 $ 15.40 $ 16.00 $ 16.50 $ 4.20 $ 4.30 $ 85°60 $ 88.00 $ 101.60 $ 104.40 $ 171.30 $ 176.10 $ 2O8.7O $ 214.50 $ 800.00 $ 822.40 $ 64.30 $ 66.10 $ 128.40 $ 132.00 $ 101.60 $ 104.40 $ 214.00 $ 220.00 $ 278.30 $ 286.10 The 2002/2003 price reflects a 2.8% and has been round to the nearest tenth of a dollar. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. THIS SECOND AMENDMENT is made and entered into as of July 10, 2001 by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborlsts, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 27, 1999 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). B. The Agreement was amended June 27, 2000. The Agreement as amended shall be referred to as the "Agreement." C. The padies now desire to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDUIF. The CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FIFTY THOUSAND DOLLARS and NO CENTS ($150,000.00), The total amount of the original base bid. TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2002. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers index to determine the percentage of increase or decrease, the term "previous twelve months: shall mean the twelve (12) month period ending June 30'h of that year, or if not available, the prior month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the padies hereto have caused this Agreement to be executed the day and year first above written. BY: Al ~ $~T~ :~o~1~(~ merchero, Mayor ipY~erk ) ~ Peter M. Thorson, City Attorn~.,/~ CONTRACTOR West Coast Arborists, ~c. 2200 E. Via Burton St/' Anaheim, CA 92806/ / / (714) 991-1900 BY: Patrick (~. ~Mahon~y, President / ~:;~O'~Z~n, Vice President (Two Signatures Required For Corporations) 2 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. THIS FIRST AMENDMENT is made and entered into as of 27th day of June, 2000 by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 27, 1999 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement for Contract Services" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 4 "TERM:" of the Agreement is hereby amended to read as follows: TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2001. The City reserves the option to extend the contract(s) for an additional three (3) years. No pdce adjustments will occur during the first thirty six (36) months of this agreement. Upon request the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bemardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve month period ending June 30~h of that year, or if not available, the pdor month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ClTY OFTEMECULA ~r~.--~tone, ~'~yor ATTEST: Approved As to Form: BY: ~ney CONSULTANT WEST COAST ARBORISTS, INC. 2200 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 BY: Patdc~ BY: NAME: Rose Epperson TITLE: Vice-President (Two Signatures Required For Corporations) 2 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT FOR CITYWIDE TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 27m day of July, 1999, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and West Coast Arborists, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: .8. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled ClTYWlDE TREE MAINTENANCE SERVICES, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWlDE TREE MAINTENANCE SERVICES. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202~7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for ClTYWlDE TREE MAINTENANCE SERVICES. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract, CONTRACT CA-1 R:\maintain~lrees\wcoastarborislscont/ajp SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWlDE TREE MAINTENANCE SERVICES All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHDULE The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FIFTY THOUSAND BOLl_ARS and NO CENTS ($150,000.00), the total amount of the base bid. TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2000. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bemardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve (12) month period ending June 30~h of that year, or if not available, the prior month. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS LUMP SUM BID SCEHDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code1 within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or CONTRACT CA*2 R:\maintain\lmes\wcoastarborislsconl/ajp The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 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 contract, 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 Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to the 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 Contract pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 6. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a CONTRACT CA-3 R:\maintain\lrees\wcoastarboristscont/ajp 10. 11. 12. 13. 14. 15. release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT CA-4 R:\maintain\trees~wcoastarborislsconl/a~p 16. 17. 18. 19. 20. 21. 22. NOTICE TO CITY OF LABOR DISPUTE,% Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORD,g. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMENTS By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICF Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: William G. Hughes, Acting Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R:~rnaintain\trees~wcoastarborislscon~/ajp IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: APPR~ Peter M. Thorson, City Attomey CONTRACTOR WEST COAST ARBORISTS, INC. 2200 E. Via Burto?~. Anaheim, CA 928~)6/ /? Patrick O~ President CITY OF TE~A ~/s~. ~ .~d, ~a~or ATTESTL CONTRACT CA-6 R :lin aintaJn\trees\wcoas~arbonslscon~/alp ITEM 14 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager July 9, 2002 Agreement for Consulting Services Between the City of Temecula and PELA PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the Contract with PELA for landscape plancheck and inspection services in the amount of $75,000.00. BACKGROUND: The Community Development Department's Planning Division has for the past seven years utilized the services of a consultant as an extension of staff to provide landscape review and inspection services. Over that period of time, the Department has retained the services of PELA (formerly named PELA/THE ELLIOTT GROUP) to perform these services. The current contract expired on June 30, 2002. The fees associated with this contract will remain the same as the previous contract. The attached matrix indicates the current fees. Staff would like to note that the landscape review services are provided on a cost recovery basis. The Planning Department requests a line item during the City's annual budget process to fund the on-going task of landscape review. The landscape contractor invoices the City and is paid from the line item. Fees paid by applicants during the development review process are paid to the general fund, which offsets the invoiced amounts paid by the City to the landscape contractor. FISCAL IMPACT: Contract funded in 2002-03 FY budget under Account No. 161-999-5250. A'CFACHMENTS: City of Temecula Agreement for Consulting Services (Landscape Plancheck and Inspection) R;~BROW NS~Jandscape~staffrpt cc 2002-03.doc CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES (LANDSCAPE PLANCHECK AND INSPECTION) THIS AGREEMENT is made and effective as of July1, 2002, between the City of Temecula, a municipal corporation ("City") and PELA, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2003, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Seventy Five Thousand Dollars and no Cents ($ 75,000.00) for the term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSF, a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. R:\BROWNS\landscapeXlandscape services a~reement FY 02-03.doc b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by wdtten notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS, a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom 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 fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS~ Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $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) Automobi.le Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage) One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a R:\BROWNSklandscapeXlandscapc services am-eement FY 024)3.dnc bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (2) (3) (4) (5) The City, its officers, officials, employees and volunteers ara to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurad maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy requirad by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. R:\BROWNS~landscape\landscape services agreement FY 02-03.doc 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. R:\BROWNS\landscapeklandscaDe services a~reement FY 02-03 dec 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as previded above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager PELA 637 Arden Drive Encinitas, CA 92024 Attn: Michael G. Elliott 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Michael G. Elliott shall perform the services described in this Agreement. Michael G. Elliott may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Michael G. Elliott from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each pady's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, CMC City Clerk R:\BROWNSklandscape\landscape services agreement FY 02-03.doc Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) R:\BROWNS~landscape~landscape services agreement FY 02-03.doc EXHIBIT A SCOPE OF SERVICES Scope of Services Development Review Committee Review Upon notification from the Community Development Department that landscape plans are ready for review, the contractor will pick up plans at the City. If desired by the City, plans can be mailed to contractor's office. Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be transmitted to the contractor so that it can be insured that landscaping is compatible with the architecture and appropriate for the proposed grading. The contractor may be required to meet with the project planner to discuss the project prior to beginning the review. This option will be left up to the individual planner. The contractor will review the plans verifying consistency with the City Development Code and other Ordinances in effect. A site visit will be performed to become familiar with the site and surrounding area. One set of plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cresschecked against the architectural and grading plans. The contractor will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at the contractor's office so that if questions arise from either the project planner or the applicant, the contractor with full knowledge of the project can provide answers. On larger projects where many comments are made, the contractor shall provide a second review, if necessary, based on the project planners direction to insure that plans have been revised to be in conformance with City requirements. Comments should be returned to the project planner within ten calendar days after receipt of the landscape plans but in no case later than two weeks after notification of plan pick up. Multiple reviews shall not be covered under the initial conceptual review cost. Additional conceptual reviews beyond the first review shall be billed at the flat rate fee indicated on Exhibit B "Payment Rates and Schedule." R:\BROWNS\Iandscape~PELA Plan Check Scope FY 02-03.doc Construction Documents Review Upon notification from the Community Development Department that construction landscape plans are ready for review, the contractor will pick up plans at the City. If desired by the City, plans can be mailed to the contractor's office. Two sets of landscape construction plans along with one copy of the approved conceptual landscape plan, conditions of approval, and final precise grading plan will be transmitted to the contractor. The contractor will review the plans verifying consistency with the City Development Code, other Ordinances in effect, the approved conceptual landscape plan and conditions of approval. One set of plans will be radlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the final precise grading plans. The contractor will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at the contractor's office so that if questions arise from either the project planner or the applicant, the contractor with full knowledge of the project can provide answers. Once the applicant has resubmitted revisions, the contractor will pick up the plans at the City and re-check them for conformance. Two sets of revised plans along with a cost estimate of the landscape work will be needed. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards, professional norms, and approved landscape plans. The contractor will review the cost estimate and where appropriate, the project planner will be notified that the estimate is appropriate for required bonding requirements. Plan checks beyond the third check will be billed a the rate indicated on Exhibit B "Payment Rates and Schedule." The contractor shall provide a unit cost breakdown for applicants to use in preparing their cost estimates. This is to insure that below market costs are not provided that could cost the City money if the project fails to be completed and the City is forced to collect on bonds. Comments/redlines should generally be returned to the project planner within one week and in no case later than two weeks after notification of plan pick up. Landscape Inspection Once notified that the applicant has completed the landscape installation, the contractor will provide a landscape construction inspection in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, the contractor will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. Each landscape inspection will be billed at the rate indicated on Exhibit B "Payment Rates and Schedule." Landscape Architectural Resources The contractor shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require other tasks to be performed, the contractor shall provide services based on the attached exhibit B of "Payment Rates and Schedule" or a mutually agreed upon flat fee. Attendance at Meetings The Principal Landscape Amhitect shall be available attend Development Review Committee and Planning Commission meetings as requested by City of Temecula Planning Staff based on the attached exhibit B of "Payment Rates and Schedule". EXHIBIT B PAYMENT RATES AND SCHEDULE June 20,2002 Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance requirements of $1,000,000.00 for errors and omissions. Conceptual Plan Review FLAT FEE OF $250.00 The following fees are based on reviewing a maximum of 3 submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. SQUARE FOOTAGE OF PROJECT 0-10,000 10,001-25,000 25,001 -100,000 100 135 165 20O 25O 3OO 35O 001 -135,000 001 -165,00o 001 -200,000 001 -250,000 001 -300,000 001- 350,000 001 -400,000 400,001 & up Plan checks beyond the 3rd Check FLAT PLAN CHECK FEF $600 $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 +.0075for each sq. ff. above 400,000 sq. ff. $85.00/sheet Landscape Inspection FLAT FEE OF $250.00NISIT We are always available to act as a resource for City staff. Over the past 8 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee based on the scope of work. June 20, 2002 bAettendance at Development Review Committee and Planning Commission meetings will performed at the fiat fee rate of $250/meeting. Fees for services other than those outlined above shall be at our hourly rates unless otherwise negotiated. . Our present hourly rates are as follows: Principal Landscape Architect Landscape Architect Landscape Designer Draftsperson/CAD Operator Clerical $98.00/hour $86.00/hour $65.00/hour $55.00/hour $40.00/hour ITEM 15 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Peter M. Thorson, City Attorney July 9, 2002 APPROVAL CITY ATTORNEY DIR.OF FINANCE ~ CITY MANAGER Morgan Hill Project Mitigation Agreement-Approval of Consent to Assignment to McMillin Morgan Hill and Approval of Joint Community Facilities Agreement RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT BETWEEN THE TR4, L.P. AND MCMILLIN MORGAN HILL, LLC 2. Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED JOINT COMMUNITY FACILITIES AGREEMENT AMONG EASTERN MUNICIPAL WATER DISTRICT AND CITY OF TEMECULA AND MCMILLIN MORGAN HILL, LLC BACKGROUND: On June 26, 2001, the City Council approved an "Agreement for Mitigation of Impacts of Morgan Hill Specific Plan No. 313" between the City of Temecula and TR4, LP ("Mitigation Agreement"). The Mitigation Agreement provides for TR4, the original developer of the Morgan Hill Project, to pay to the City a mitigation fee of $1.176 million. The City is required to use the funds for the "design and construction of roadway and traffic improvements on Winchester Road (SR 79S) between Butterfield Stage Road and the 1-15/SR 79S interchange or for the design and construction of the improvements to the 1-15/SR 79S interchange." The mitigation fee is required to be paid prior to the issuance of the first building permit for the Morgan Hill Project. In addition, as required by the Agreement, TR4 posted a performance bond in favor of the City in the amount of $1.176 million to secure the payment of the mitigation fee. Two actions are requested of the City Council. The first is to approve the assignment of the Mitigation Agreement from the original developer, TR4, L.P., to McMillin Morgan Hill, LLP. The second is to approved a joint community facilities agreement with Eastern Municipal Water District and McMillin Morgan Hill so that payment of the $1.176 million mitigation fee can be paid from the proceeds of bonds to be issued by a Community Facilities District being established to pay for public improvements for the Morgan Hill Project. Assignment of Mitigation Agreement The original developer of the Morgan Hill Project TR4, L.P., has sold its interest in the Project to McMillin Morgan Hill, LLP. As part of the sale of the Project, TR4, L.P. proposes to assign its rights and obligations in the Mitigation Agreement to McMillin LLC. The new owner of the Morgan Hill Project, McMillin Morgan Hill, will take over and be responsible for all of the obligations of TR4, L.P. under the Specific Plan for the Morgan Hill Project and the Mitigation Agreement with the City. TR4, L.P. will be released from its obligations under the Mitigation Agreement upon the effective date of the Assignment. Additionally, McMillin Morgan Hill, LLC, must post a new performance bond to replace the one posted by TR4, L.P. Staff recommends approval of the Assignment. McMillin Communities, the principal partner in McMillin Morgan Hill, is a strong developer in Riverside and San Diego Counties. The City's interests in payment of the mitigation fee are protected by the performance bond. Joint Community Facilities Agreement The new owner of the Morgan Hill Project is proposing to fund a number of public improvements for the Project from the proceeds of bond to be issued by a community facilities district formed on the Morgan Hill Project. Under this type of public improvement financing, the bonds are secured by and paid out of real property taxes levied on property within the district boundaries, in this case the Morgan Hill Specific Plan Area. The community facilities district for the Morgan Hill Project will be formed and administered by the Eastern Municipal Water District. The District will be responsible for the formation of the community facilities district, imposition of the taxes, disbursement of bond proceeds to public works projects, collection of taxes, and payment of principal and interest on the bonds. This type of public improvement financing is also being used to finance the public improvements for the Harveston Project, except that in Harveston, the City is the public entity forming the community facilities district, issuing the bonds and administering the district. The Joint Community Facilities Agreement requires the City to use the proceeds of the Mitigation Fee for the purposes outlined in the Mitigation Agreement, account for expenditures and provide Eastern Municipal Water District with a report of any expenditures and interest accruing on the funds. All expenses of the City resulting from the Joint Community Facilities Agreement requirements shall be paid by Eastern Municipal Water District or McMillin Morgan Hill, LLC. The City shall not be responsible in any way for payment of principal and interest on the bonds. This is the responsibility of Morgan Hill property owners and Eastern Municipal Water District. City staff is continuing to work with Eastern Municipal Water District Bond Counsel to develop language that wile simplify the administration of the payment of the mitigation fee. Staff intends to have alternative language, primarily affecting Section No. 3, prior to the final approval of the agreement. FISCAL IMPACT: None. The payment of the Mitigation Fee to the City is secured by a performance bond. All expenses and potential liabilities for payments to bondholders or other problems with the community facilities district will be the responsibility of the Morgan Hill Property owners or Eastern Municipal Water District. ATTACHMENTS: 2. 3. 4. 5. Resolution No. 02-__ MITIGATION AGREEMENT Resolution No. 02-__ JOINT COMMUNITY FACILITIES AGREEMENT Agreement for Mitigation of Impacts of Morgan Hill Specific Plan No. 313 Assignment of Mitigation Agreement and City Consent Joint Community Facilities Agreement Among Eastern Municipal Water District and City of Temecula and McMillin Morgan Hill, LLC, a Delaware limited liability company. RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT BETWEEN THE TR4, L.P. AND MCMILLIN MORGAN HILL, LLC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT BETVVEEN THE TR4, L.P. AND MCMILLIN MORGAN HILL, LLC" with such changes as may be mutually agreed upon by the City Manager and the parties thereto as are in substantial conformance with the form of such Agreement as presented to the Council. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City of Temecula, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, certifications, escrow instructions, and implementing agreements. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 9th day of July, 2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2002/Resos 02-_ 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9th day of July, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2002/Resos 02-_ 2 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED JOINT COMMUNITY FACILITIES AGREEMENT AMONG EASTERN MUNICIPAL WATER DISTRICT AND CITY OF TEMECULA AND MCMILLIN MORGAN HILL, LLC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "JOINT COMMUNITY FACILITIES AGREEMENT AMONG EASTERN MUNICIPAL WATER DISTRICT AND CITY OF TEMECULA AND MCMILLIN MORGAN HILL, LLC" with such changes as may be mutually agreed upon by the City Manager and the parties thereto as are in substantial conformance with the form of such Agreement as presented to the Council. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City of Temecula, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, certifications, escrow instructions, and implementing agreements. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 9th day of July, 2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2002/Resos 02-_ 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9~h day of July, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2002/Resos 02-__ 2 AGREEMENT FOR MITIGATION OF IMPACTS OF MORGAN HILL SPECIFIC PLAN NO. 313 THIS AGREEMENT is made and entered into as of June 26, 2001 by and between the City of Temecula, a municipal corporation ("City"), and TR4, LP, a California limited liability company ("Developer"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which the parties agree are tree and correct: a. Developer is the owner of certain real property in the tmincorporated area of Riverside County consisting of 478.3 acres, generally located north of Monte Verde Road, south of Highway 79 and Nighthawk Pass, east of E1 Chimisal Road, and west of Anza Road, which is more particularly described and depicted on Exhibit A to this Agreement ("Property"). b. On June 5, 2001, the Board of Supervisors of the County of Riverside certified Environmental Impact Report No. 412, approved Resolution No. 2001 ~ 172 adopting Specific Plan No. 313 (Morgan Hill) and approved Resolution No.2001-135 amending the Riverside County Comprehensive General Plan, which resolution includes the adoption of Comprehensive General Plan Amendment No. 475, the General Plan Amendment for Morgan Hill. The Board deferred adoption of the zoning ordinance for Specific Plan No. 313, Zone Case No. 6397. c. Specific Plan No. 313 is a 478.3 acre master planned commtmity. The Specific Plan proposes construction of 1,126 dwelling units on 338.1 acres, 11.1 acres for parks, 12.3 acres for an elementary school, 89.9 acres for open space, 2.2 acres for paseos (trails), and 24.8 acres for major roads. d. Specific Plan No. 313 is associated with Comprehensive General Plan Amendment No. 475 which: (1) Changes the Open Space and Conservation Map designation from "Agriculture" to "Adopted Specific Plan No. 313;" (2) changes the Southwest Area Community Plan Land Use Allocation Map designation from "Agricultural 10 ac. Min." to "Morgan Hill SP No. 313;" (3) changes the SWAP Growth Management Concept Plan to reflect the entire Property as "Urban Area;" and (4) changes the Land Use Element of the General Plan. e. Specific Plan No. 313 is also associated with Change of Zone Case 6397 which proposes to change the existing zoning classifications of Light Agricultural, 10- acre minimum, (A-l-10), Light Agricultural, 20-acm minimum (A-I-20), and R-R (Rural Residential) to SP (Specific Plan). The SP zoning designation would also establish those development standards required to implement the Specific Plan. f. For the purposes of this Agreement, Environmental Impact Report No. 412, as certified by Board action, Specific Plan 313 as approved by Resolution No. 2001- June 29, 2001 659090.2 172, Comprehensive General Plan as approved by Resolution No. 2001-135, and Zone Case No. 6397 as proposed to the Board of Supervisors on June 5, 2001 shall collectively constitute and be known as the "Morgan Hill Project" g. As originally proposed, Specific Plan No. 313 would have included 1,436 residential units. The City objected to the proposal on the ground that it would have caused significant traffic impacts within the City. As a result of the City's objections, Developer agreed to contribute $1.5 million to the City of Temecula towards'the cost of specified road improvements to Winchester Road (SR 79S) within the City of Temecula which would further mitigate the impacts of the proposed SP 313 on the City of Temecula. h. On April 17, 2001, the Board of Supervisors gave tentative approval to a substantial revision to the proposed Specific Plan No. 313 which reduced the residential units from 1,436 units to 1,126 units and revised the land use plan. i. City objected to the revised proposal on the same grounds as its objections to the prior proposal and on the added grounds that the new proposal required a subsequent environmental review pursuant to Section 15162 of the California Environmental Quality Act Guidelines and new public heatings before the County Planning Commission and the Board of Supervisors. j. The Riverside County Board of Supervisors rejected the City's objections and approved the Morgan Hill Project as described in subparagraph b. of this section. k. City and Developer have discussed the impacts of the Morgan Hill Project upon the City and further mitigation for these impacts. As a result of these discussions, the City and Developer desire to enter into this Agreement in order to provide further mitigation for the impacts of the Morgan Hill Project on the City and in lieu of litigation over the Morgan Hill Project and address the City's concerns over the impact of the Morgan Hill Project on the City. 1. Completion of Developer's obligations under this Agreement will alleviate the City concerns about the impacts of the Morgan Hill Project upon the SR 79S corridor within the City of Temecula. 2. Mitigation of Traffic Impacts. a. Developer shall pay to the City of Temecula the stun of one million one hundred seventy six thousand dollars ($1,176,000.00) ("Mitigation Fee"). b. City shall use the Mitigation Fee for the design and construction of roadway and traffic improvements on Winchester Road (SR 79S) between Butterfield .Stage Road and the 1-15/SR 79S interchange or for the design and construction of the Improvements to the I-! 5/SR 79S interchange. City shall determine, in its sole discretion, June 29, 2001 659090.2 -2- the specific projects within this corridor to which the Mitigation Fee shall be applied and shall determine, in its sole discretion, when the Mitigation Fee shall be applied to such uses. c. City shall retain any interest which may accrue on the Mitigation Fee from the time of payment to the City until application to an approved use and may use the interest for any purpose. d. Developer shall pay the Mitigation Fee to the City on or before the issuance of the first building permit by the County of Riverside fro a residential dwelling unit for the Morgan Hill Project. e. In the event the Mitigation Fee is paid and not used or not fully used by the City within fifteen (15) years from the date of this Agreement, City shall return the unused portion of the Mitigation Fee to the Developer, without interest, excluding the amount by which it is reduced for the cost of the performance bond or letter of credit,. 4. Security for Payment of Mitigation Fee. a. On or before July 2, 2001, Developer shall file with the City Clerk a performance bond or letter of credit securing Developer's performance under this Agreement in an amount of not less that one million one hundred seventy six thousand dollars ($1,176,000.00). b. The performance bond, if used, shall be from a surety admitted in the State of California and in the form attached hereto as Exhibit B. The Surety shall have a current A.M. Best Rating of "A minus" or better and a financial size of"VII" or better. The letter of credit shall be in a form and from a bank approved by the City Attorney. c. The Mitigation Fee payable to the City shall be reduced by the actual premium paid by Developer for the performance bond or the actual fee paid by the Developer for the letter of credit, but in an amount not to exceed twenty thousand dollars ($20,000.00). 5. City Agreement Not to Litigate. Provided the security described in Section 2 is in full force and effect and Developer is in full compliance with the terms of this Agreement, City agrees not to file any legal action which challenges the validity of the following actions or seeks to have such actions declared illegal: (1) The Environmental Impact Report No. 412, as certified by the Board of Supervisors; (2) Specific Plan No. 313, as approved by Resolution No. 2001-172; (3) Comprehensive General Plan Amendment No. 475, as approved by Resolution No. 2001-135; and (4) Zone Change 6375, provided, however, that the text and exhibits attached to or incorporated into Zone Change 6375 as ultimately adopted by the Board of Supervisors is substantially the same as the text and exhibits attached or incorporated into the Zone Change 6375 as proposed to the Board of Supervisors on June 5, 2001. June 29, 2001 659090.2 -3- 6. Representations and Warranties. The parties, and each of them, represent and warrant to and agree with each other as follows: a. The parties have each received independent legal advice from attorneys of their choice with respect to the advisability of making the settlement and release provided herein and of executing this Agreement. Prior to the execution of this Agreement by each party, each party's attorneys have reviewed this Agreement at length. b. Except as expressly stated in this Agreement, none of the parties has made any statement or representation to any other regarding any fact that is relied upon in entering into this Agreement. No party to this Agreement relies upon any statement, representation or promise of any other party not contained herein in executing this Agreement or in making the settlement provided for herein. c. Each party, and its attorney, has made such investigation of the facts pertaining to the underlying dispute and this Agreement, and all of the matters pertaining thereto, as they deem necessary. d. The terms of this Agreement are contractual, and are the result of negotiations among the parties to settle the City's objections to the Morgan Hill Project and to forego litigation. e. City acknowledges and agrees that this Agreement constitutes a legal, valid and binding agreement of the City enforceable against the City in accordance with its terms. f. Developer acknowledges and agrees that this Agreement constitutes a legal, valid and binding agreement of the Developer enforceable against the Developer in accordance with its terms. g. This Agreement has been carefully read by each of the parties and the contents hereto are known to and understood by each of the parties. It is signed freely by each party executing this Agreement. h. Each person executing the Agreement in a representative capacity expressly warrants and represents that the party on whose behalf they are signing has duly approved this Agreement and has authorized such person to execute this Agreement on behalf of the party, and agrees to indemnify, including reasonable attorneys' fees, all other parties hereto against any claim that the party did not approve the Agreement or that such person is not so authorized. 7. Integration. This Agreement constitutes a single, integrated contract expressing the entire agreement of the parties hereto relative to the subject matter hereof. No covenants, agreements, representations or warranties of any kind whatsoever have been made by any party hereto, except as specifically set forth in this Agreement. All prior discussions and June 29, 2001 659090.2 -4- negotiations have been and are merged and integrated into, and are superseded by, this Agreement. This Agreement may be amended only in writing, signed by the City and the Developer. 8. Assignment. This agreement may not be assigned, in whole or in part, by either party except through a written amendment of this Agreement duly approved and executed by City,.Developer and assignee. Neither party shall unreasonably withhold approval of an assignment if the assignee is financially capable of completing the terms of this Agreement and can obtain the bond described in section 2 prior to the effective date of the assignment. 9. No Liability. It is understood and agreed that this settlement is the compromise of disputed claims, and that the terms and conditions recited herein are not to be construed as an admission of liability of the part of the parties hereby released, and that said parties deny liability therefore and intend merely to avoid litigation, including, but not limited to, any admission regarding the adequacy of the EIR and/or the mitigation measures imposed by the County of Riverside. 10. Waiver of Civil Code Section 1542. The City and the Developer acknowledge that Section 1542 of the Civil Code of California provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding Section 1542, this Agreement constitutes a full release in accordance with its terms, and the City and the Developer knowingly and voluntarily waives the provisions of Section 1542. 11. Waiver of Civil Code Section 1654. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. In addition, each party has been represented by experienced and knowledgeable legal counsel. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is of no application and is hereby expressly waived. 12. 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 United States Mail as provided above. June 29, 2001 659090.2 -5- To City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, Ca. 92589-9033 Attention: City Manager To Developer: TR 4, LP 17341 Irvine BI., Suite 200 Tustin, Ca. 92780 Attention: Steven Vliss, President 13. Governing Law; Litigation; Attorney Fees. The City and Developer 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 govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its fights 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. 14. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. I/Il IIII .lune 29, 2001 659090.2 -6- June 29, 2001 659090.2 -7- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA omer -hero -- Attest: Peter M. Thorson City Attorney Jtme 29, 2001 659090.2 -8- TR 4, LP, a California limited .~),.eomg~my' By Highp. oint Communities, Inc., a California corporation, G't'~..vO~,) By:. ~ Vice President June 29, 2001 659090.2 -9- EXH/BIT A DESCRIPTION OF MORGAN HILL PROJECT PROPERTY AN EASEMENT FOR ROADWAY AND PUBLIC UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS, IN AND OVER A STRIp 0F LAND 110.00 FEET IN WIDTH, OVER THAT PORTION OF THE RANCHO PAUBA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH RANCHo WAS GRANTED BY THE GOVER/~t, EENT OF THE UNITED STATES TO LUIS VIGNES BY PATENT DATED JANUARy 19, 1860 AND RECORDED IN BOOK 1, PAGE 45 OF PATENTS, RECORDS OF SAN DIEGO COUNTy, CALIFORNIA, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: (I) BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF THE RANCHO TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH P, ANCHO WAS GRANTED BY THE GOVERNMENT OF THE UNITED STATES TO LUIS VIGNES BY PATENT DATED JAAIUARy 18, 1860 AND RECORDED IN BOOK 1, PAGE 37 OF PATENTS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, SAID POINT BEING A CO0/~Ty OF RIVERSIDE BRASS CAp MO~ SET iN A 14-INCH DIAMETER PIPE FILLED WITH CONCRETE AND SHOWN IN SAID CO~ SURVEY FIELD BOOK 832, PAGE 3, SAID PO/-NT BEING THE NORTHERLy TERMINUS OF THE TEMECULA-MURR!ETA RANCH LINE; THENCE SOUTH 47o41,03. EAST, 13,151.78 ~EET TO A 6 INCH BY 6 INCH BY 18 INCH GP~NITE STONE, CHISELED L.E. ON THE SOUTH FACE AArD ACCEPTED AS CORNER NUMBER 9 OF SAID P~ANCHO AS SHOWN BY RECORD OF SURVEy ON FILE IN BOOK 5, PAGE 39 OF RECORDS OF SURVEy, RECORDS OF RIVERSIDE COUNTy, CALIFORNIA; THENCE SOUTH 64° 52' 19" E3~ST, 811.02 FEET; THENCE NORTH 58Q 12' 41" EAST, 225.58 FEET TO THE BEGINNING OF A TANGEA"~ CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,800.00 FEET; THENCE NORTHEASTERLY, 328.32 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10° 27' 03"; THENCE NORTH 68o 39' 44" EAST, 1,872.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY ~ ~IAVING A R3%DIUS OF 4,000.00 FEET; THENCE NORTHEASTERLy ALONG SAID CURVE, 1,043.77 FEET, THROUGH A CEAPI~J~L ANGLE OF 14° 57' 03"; THENCE NORTH 83° 36' 47" F2%ST, 711.84 FEET TO THE BEGINNING OF A TANGEI~T CURVE CONCAVE NORTHWESTERLy AND HAVING A KADIUS OF 2,000.00 FEET; THENCE NORTHEASTERLy ALONG SAID CURVE, 771.47 FEET, THROUGH A CENTRAL ANGLE OF 22° 06' 04"; THENCE NORTH 61o 30' 43" EAST, 1,070.04 FEET TO THE BEGINNING OF A TANGENT CONCAVE SOUTHEASTERLy A/qD HAVING A RADIUS OF 8,000.00 FEET; TR~E~CE NORTHE3kSTERLY ALONG SA_rD CURVE, 1,182.13 FEET, THROUGH A CEI~Viq~L ANGLE OF 08° 27' 59"; TR~CE NORTH 69o 58' 42" F~ST, 2,924.49 FEET TO THE BEGINNING OF A TANGENT CITR~ZE CONCAVE NORTHWESTERLy AND HAVING A RADIUS OF 3,600.0O FEET; THENCE NORT~3%STERLy ALONG SAID CURVE, 1,357.45 FEET, THROUGH A CENTR3%L ANGLE OF 21° 36' 16"; THENCE NORTH 48° 22' 26" EAST, 1,581.11 FEET TO POINT "A"; THE/qCE SOLrfH 41° 42' 50" EAST, 732.41 FEET TO THE BEG!~ING OF A TANGE1TT CURVE CONCAVE SO~STERLy AND HAVING A RADIUS OF 2,000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 662.98 FEET, THROUGH A CENTRAL ANGLE OF 18° 59' 35"; T~{EZICE SOUTH 22o 43' 15" ~2%ST, 823.44 FEET TO ~ BEGINNING OF A TANGEICT CI/RVE CONCAVE SOUTFIWESTERLy HAVING A RADIUS OF 2,000.00 FEET; THENCE SOUTHERLy ALONG SAID cURVE, 731.19 FEET, T~ROUGH A CENTRAL ANGLE OF 20° 56' 49"; THENCE SOUTH 01o 46' 26" EAST, 766.30 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NOR~F~ILSTERLy A/qD HAVING A RADIUS OF 1,400.00 FEET; THENCE SOU/"t{EASTERLy ALONG SA-ID CURVE, 625.11 FEET, THROUGH A CEAPIq~L ANGLE OF June 29, 2001 659090.2 -10- 25~ 34' 58"; THENCE SOUTH 27~ CONCAVE WESTERLy THENCE SOUTHERLY 48' 28"; THENCE SOUTH 11~ CONCAVE EASTERLy THENCE SOUTHERLY 08' 06"; THENCE SOUTH 16° CONCAVE WESTERLy THENCE SOUTHERLY 34' 33"; 21' 24" EAST, 554.43 FEET TO THE BEGINNING OF A TANGENT CURVE AND HAVING A RADIUS OF 1,200.00 FEET; ALONG SAiD C0~VE, 812.79 FEET, THROUGH A CENTRAL ANGLE OF 38o 27' 04" WEST, 551.14 FEET TO THE BEGINNING OF A TANGENT CURVE AND HAVING A RADIUS OF 1,200.00 FEET; ALONG SAID CURVE, 589.26 FEET, THROUGH A CE/~ A/~GLE OF 28~ 41' 02" EAST, 776.96 FEET TO THE BEGINNING OF A TANGENT C7/RVE AND HAVING A RADIUS OF 1,200.00 FEET; ALONG SAID CURVE, 682.27 FEET, THROUGH A CENTRAL ANGLE OF 32Q THENCE SOUTH 15Q 53' 31" WEST, 2,867.36 FEET TO THE BEGINNING OF A CLrRVE CONCAVE EASTERLy AND HAVING A R3~DIUS OF 4,000.00 FEET; THENCE SOUTHERLy ALONG SAID CURVE, 1,086.29 FEET, THROUGH A CENTRAL ANGLE OF 15: 33' 36"; THENCE SOUTH 00° 19' 55" WEST, 1,423.62 FEET TO THE BEGINNING OF A TANGENT CD-RVE CONCAVE NORTHWESTERLy AND HAVING A RADIUS OF 4,000.00 FEET; THENCE SOUTf54ESTERLY ALONG SAID CURVE, 1,564.26 FEET, THROUGH A CENTRAL ANGLE OF 22~ 24' 23"; THENCE SOUTH 22o 44' 18" WEST, 1,552.61 FEET TO POINT "A", BEING THE TRUE POINT OF BEGINNING A/FD THE BEGINlgING OF A TANGENT CLTRVE CONCAVE EASTERLy A/gD HAVING A RADIUS OF 1,200.00 FEET; THENCE SOUTHERLY A.LONG SAID CURVE, 976.10 FEET, THROUGH A CENTRAL ANGLE OF 46a 36' 20" (THE CENTER LiNE OF STATE HIGHWAY SIGN ROUTE 71 INTERSECTS THE CENTER LINE OF SAID 110.00 FOOT ROADWAY AT A POINT 220.00 FEET, MORE OR LESS, ALONG SAID C[/RVE FROM THE BEGINNING THEREOF, SAID HIGH'WAy 71 ALSO ENOWN AS TEMECULA AGUANGA STATE HIGHWAY); THENCE SOU~JH 23~ 52' 02" FAST, 140.00 FEET TO POINT "B"; THENCE CONTINUING SOUTH 23° 52' 02" EAST, 722.82 FEET TO POINT "C"; THENCE CONTINUING SOUTH 23° 52' 02" EAST, 388.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY ~ HAVING A RADIUS OF 2,000.00 FEET; THENCE SOUTHERLy ALONG SAID CURVE, 967.37 FEET, T~IROUGH A CENTP, AL AlgGLE OF 27° 42' 47"; THENCE SOUTH 03~ 50' 45" WEST, 501.21 FEET TO A POINT ON A CI/RVE CONCAVE SOUTHERLy AND HAVING A RADIUS OF 1,200.00 FEET, A RADIAL LiNE OF SAID CURVE TO SAID POINT BEARS NORTH 00o 27' 51" WEST, THE SIDE LINES OF SAID ROADWAY ARE TO BE FORESHORTENED OR LENGTHEN-ED SO AS TO TERM/_NATE IN SA~D LAST MENTIONED CUKVE. EXCEPTING THEREFROM THE PORTION THEREOF INCLUDED IN PARCEL C-2 HEREINAFTER DESCRIBED. PARCEL C-2: THAT PORTION OF SAID RANCHO PAUBA DESCRIBED AS FOLLOWS: BEGINNING AT PO1-NT "B" AS DESCRIBED IN PARCEL t (I) ABOVE DESCRIBED; THENCE SOUTH 23~ 52' 02" EAST, 1,111.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLy ~ HAVING A RADIUS OF 2,000.00 FEET; THENCE SOUTHERLy ALONG SAID CURVE, 967.37 FEET, THROUGH A CENTRAL ANGLE OF 27o 42' 47"; THENCE SOUTH 03~ 50' 45" WEST, 501.21 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A P,A/DIUS OF 1,200.00 FEET, A P, ADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 00: 27' 51" WEST; THENCE WESTERLy AND soUTHWEsTERLY ALONG SAID CURVE, 905.20 FEET, T~ROUGH A CENTRAL ANGLE OF 43° 13' 12"; THENCE SOUTH 46~ 18' 57" WEST, 1,470.89 FEET TO THE BEGINNING OF A TANGERT CURVE CONCAVE SOUTHEASTERLy A/qD HAVING A RADIUS OF 3,000.00 FEET; THENCE SOUTHWESTERLy ALONG SAID CURVE, 1,029.09 FEET, T~ROUGH A CENTRAL ANGLE OF 19° 39' 15"; THENCE SOUTE 28· 39' 42" WEST, 570.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLy AND HAVING A RADIUS OF 2,000.00 FEET; THENCE SOUTHWESTERLy ALONG SAID CURVE, 986.64 FEET, THROUGH A CENTRAL ANGLE OF 28° 15' 55"; THENCE SOUTH 54o 55' 37" WEST, 754.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLy AND HAVING A RADIUS OF 3,000.00 FEET; THENCE SOUTH]CESTERLy ALONG SAID CURVE, 493.72 FEET, THROUGH A CENTRAL ANGLE OF 09° 25' 46"; THENCE SOUTH 450 29' 51" WEST, OF SAID RANCHO PAUBA; THENCE ALONG SAID RANCHO LIArE, THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE NORTH 43~ 58' 00" HAST, NORTH 73a 10' 43" EAST, NORTH 29° 36' 32" WEST, NORTH 39o 54' 22" EAST, NORTH 50° 34' 20" EAST, NORTH 71° 59' 45" EAST, NORTH 11° 05' 22" WEST, NORTH 71° 11' 43" EAST, EXCEPT THE PORTION THEREOF INCLUDED WITHIN THE FOLLOWING: BEGIATNING AT THE NORTHWESTERLY TERk4INUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BE2~RING AN~ LF/~GTH OF "SOU~fH 23° 52' 02" EAST, 1,251.44 FEET" IN THE CFi~TER LINE OF T~LAT CERTAIN 110.00 FOOT STRIp OF LAND DESCRIBED IN PARCEL A OF DEED RECORDED ON NOVEMBER 9, 1965 AS INSTRUMENT NO. 127437 OF OFFIC/_~L RECORDS OF RIVERSIDE COUAUfY, CAL!FoP~NIA; THENCE SOUTH 23o 52' 02" EAST, ALONG SAID CERTAIN COURSE 622.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 66° 07' 58" WEST, 155.00 FEET; THENCE SOUTH 23° 52' 02" EAST, 100.00 FEET; THE/~CE NORTH 66o 07' 58" EAST, 155.00 FEET; THENCE NORTH 23o 52' 02" WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING. 1,276.76 FEET TO THE SOUTHWESTERLY BOUNDARY LiNE NORTH 46~ 45' 26" WEST, 1,577.85 FEET; 773.26 FEET; 449.22 FEET; 1,305.47 FEET; 2,190.07 FEET; 582.58 FEET; 1,051.49 FEET; 1,273.78 FEET; 3,092.94 FEET TO THE POINT OF BEGINNING. EXItlBIT B FORM OF PERFORMANCE BOND June 29, 2001 659090.2 -I 1- ~UN 28 2001 18:89 FR BE.~ ~ ~KRIEGER 909 686 5836 TO · ProjeCt. ct Name: ~ Premium '-" TRAFFIC MITIGATION BOND WHEREAS, I~e City Coundl of the City of Temecula, State of California and TR4. LP. a California limits.el. ~ (herein designated as 'Principal"), have entered into the attached agreement whereby the principal, recognizing the impact of his development on ex,sting s~ast and highway facilities, principal has agreed as a ~ndition of approval of the map to mitigate the impact of the development by payment to the City of a sum of money to be used for mitigation ef such impact; and. WHEREAS, principal wishes to defer the payment of the sum, and is required under the terms of said agreement furnish security to guarantee the pennant of the traffic mitigation fees. NOW THEREFORE, we, the principal and Gulf Ins ante Cam an a corporation organized an~ existihg under the laws of the State of Missouri and au~.orized te transact surety business in the State of California, as Surety are held and firmly bound unto ~, in the sum of One Million One Hundred Seventy Six Thousand apd NOI'I00~ Dollars ($1 176 000), for the payment whereof, well and ~'uly to be made, said Principal and Surety bind themselves, their heirs, adminis~ators, successors and assigns, Jointly and severally, firmly by these presents. The Condition of this obligation is such that if the above-bounden principal, his or its heirs, executors, adminlst~'ators, successors or assigns, shall In all things stand to and abide by and well and truly keep and pedorm the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and perf~'med at the time and in rne manner therein specified, and In all respects according to their t~ue intent and meaning, and snail indemnify and save harmlesS the CRy of Temecula, its officers, agents and employees, as therein stipulated, then this obligation shall become null end void: othenvise it shall be end remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be ~nduded costs and reasonable expenses and fees, including reasonable a~rney's fees, incurred by C[ty ['n successfully enforcing such obligation, all to be taxed es c~sts and inciude~l in any judgement rendered. The surety hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms of the agreement shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, aJteraticn or add;lion to the terms of ~)~e agreement, Surety further stipulates and agrees that the provision of Section 2645 of the Civil Code are not a cendition precedent to the Surety's obligations hereunder and are hereby wa[va WhE obligation IN WITNE 2001. TR4, LP. a Callfomla ~ .,quoted payment covered by the Agreement Is made, the City of Temecula will thereupon release the HE ,EOF, this instrument has been duly executed bythe principal and surety above named, on June 27, ,~nership Gulf Insurance Company (Surety) TOTAL P. 0~ x<~< TOTAL. PAGE. 12 :~* J-U',J-L::)8-;L::~i 18:03 9~9 686 5836 P.12 ORIGINAL ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT THIS ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT (this "Assignment") is made and entered into as of this __ day of May, 2002, by and between TR4, L.P., a California limited partnership ("Assignor"), and McMillin Morgan Hill, LLC, a Delaware limited liability company ("Assignee"). RECITALS A. Assignor is the owner of certain real property situated in the County of Riverside, State of California, which is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. Assignor and the City of Temecula ("City") are parties to that certain Agreement for Mitigation of Impacts of Morgan Hill Specific Plan No. 313, dated as of June 26, 2001, the terms of which are incorporated herein by this reference (the "Mitigation Agreement"). Those capitalized terms used in this Assignment which are not expressly defined herein shall have the meaning given to them in the Mitigation Agreement. C. Assignor and Assignee's predecessor-in-interest, Southern California Land Company, LLC, a Delaware limited liability company, have previously entered into that certain Purchase Agreement and Escrow Instructions dated January 24, 2002, as thereafter modified and amended from time to time (collectively the "Purchase Agreement"), pursuant to which Assignor has agreed to sell the Property to Assignee, and Assignee has agreed to purchase the Property from Assignor. D. In connection with the conveyance of the Property to Assignee, Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, the rights and obligations under the Mitigation Agreement as more particularly described below. NOW, THEREFORE, incorporating the foregoing recitals, and for fair and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignment and Assumption. As of the Effective Date, Assignor hereby assigns, conveys and transfers to Assignee, Assignor's right, title and interest in and to the Mitigation Agreement upon the terms and conditions set forth herein. As of the Effective Date, Assignee hereby accepts the foregoing assignment and assumes each and every obligation under the Mitigation Agreement arising after the Effective Date (collectively the "Obligations"). Assignee hereby agrees and covenants to timely, properly and fully perform each and every Obligation. Without limiting the foregoing, Assignee covenants and agrees that as a condition precedent to the effectiveness of this Assignment, Assignee shall deliver a performance bond or letter of credit to City in a form and amount required by Section 4 of the Mitigation Agreement and which is sufficient to allow City to release the performance bond previously delivered by Assignor pursuant to said Section 4. Assignee hereby agrees to indemnify, defend and hold harmless Assignor and its partners, agents, representatives, successors and assigns from and against any liability, obligation, claim, cause of action, cost or expense (including, without limitation attorney's fees and costs) arising from, or related to, Assignee's performance (or failure thereof) of the Obligations, including, without limitation, any untimely and/or deficient performance thereof. Assignor hereby agrees to indemnify, defend and hold harmless Assignee and its partners, members, agents, representatives, successors and assigns from and against any liability, obligation, claim, cause of action, cost or expense (including, without limitation attorney's fees and costs) arising from, or related to, Assignor's 486/017983d10I 1 283067.01 a05/17/02 performance (or failure thereof) of any obligations accruing under the Mitigation Agreement prior to the Effective Date, including, without limitation, any untimely and/or deficient performance thereof. 2. Effective Date. The "Effective Date" shall mean the date upon which Assignee acquires fee title to the Property pursuant to the Purchase Agreement. 3. Counterparts. This Assignment may be executed in any number of counterparts which, when taken together, shall constitute a folly executed original of this document. above. 1N WITNESS WHEREOF, the parties have executed thi:/As~runent as TR4, L.P., a Cal ?o~rnia limited partnership By: Highpoint (~on~unities, Inc., a Califorui ~rl~ration, ~e VI~, President McMillin Morgan Hill~ LLC liability company of the date first written "Assignor" Delaware limited By: McMillin Management Services, LP, Its: Member By: Corky McMillin Construction Services, Inc., a California corporation, Its: 9e~ral Partner . By:~.~,~..~ ~.~ Its: "Assignee" 486/01798341011 283067.01 a05/17/02 -2- CONSENT The City of Temecula hereby consents to the foregoing assignment in accordance with the Mitigation Agreement and agrees to accept from Assignee a replacement performance bond or letter of credit that meets the requirements of Section 4 of the Mitigation Agreement. The City of Temecula hereby agrees to release the performance bond previously delivered by Assignor promptly following the Effective Date and upon receipt of such replacement security from Assignee. As of the Effective Date, Assignor is hereby released from its obligations under the Mitigation Agreement. CITY OF TEMECLrLA By: Ron Roberts, Mayor ATTEST: City Clerk Susan W. Jones, CMC APPROVED AS TO FORM: City Attorney Peter M. Thorson 486/0179834011 283067.01 a05/l 7/02 -3- JOINT COMMUNITY FACILITIES AGREEMENT among EASTERN MUNICIPAL WATER DISTRICT and CITY OF TEMECULA and MCMILLIN MORGAN HILL, LLC, a Delaware limited liability company relating to COMMUNITY FACILITIES DISTRICT NO. 2002-06 (MORGAN HILL) OF THE EASTERN MUNICIPAL WATER DISTRICT R:~Agr eemen ts~vlorgan Hill.doc ~IOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT (the "Agreement") is entered into effective as of the 9th day of July, 2002, by and between the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district ("EMWD"), the City OF TEMECULA, a municipal corporation ("City") and MCMILLIN MORGAN HILL, LLC, a Delaware limited liability company (the "Property Owner"), related to the proposed formation by EMWD of a community facilities district to be known as "Community Facilities District No. 2002-06 (Morgan Hill) of the Eastern Municipal Water District" ("CFD No. 2002-06") for the purpose of financing certain public facilities and equipment, including City facilities (the "City Facilities") to be constructed by City for the benefit of the parcels within CFD No. 2002-06 improvement Areas A, B and C. RECITALS: A. Property Owner is the owner of certain real property which consists of approximately 452.71 acres of land located in the unincorporated area of the County of Riverside and which is proposed to constitute the land within the boundaries of CFD No. 2002-06 (the "Property"). The Property is depicted in Exhibit A attached hereto. B. The Property Owner desires to develop the Property for residential purposes and has obtained, or intends to obtain, the necessary development approvals to construct approximately 1,126 single family detached residential units on the Property, as such development may be modified from time to time (the "Project"). C. The Project will require the payment, pursuant to that certain "Agreement for Mitigation of Impacts of Morgan Hill Specific Plan No. 313" between City and the former owner of the Property, TR4, LP, a California limited liability company (the "City Agreement"), of a Mitigation Fee in the aggregate amount of One Million One Hundred Seventy-six Thousand Dollars ($1,176,000.00) (the "Mitigation Fee"), which is to be used to finance the design, construction and/or acquisition of city transportation facilities as defined in the City Agreement (the "City Facilities"). The Mitigation Fee may be paid directly to City or paid and then reimbursed to the paying party, from time to time out of proceeds of the bonds, or other securities, issued by, or on behalf of, CFD No. 2002-06 (the "Bond Proceeds"), as authorized by the qualified electors within CFI) NO. 2002-06. D. In conjunction with the issuance of the first building permit for the construction of homes within the Project, it may be necessary for Property Owner, or its successors or assigns, to advance all or a portion of the Mitigation Fee to City (the "Advances") before any Bond Proceeds are available to City to finance City Facilities. Property Owner shall be entitled to (i) reimbursement of such Advances and (ii) credit for payment made to City from Bond Proceeds for the Mitigation Fee which would otherwise be due to City in conjunction with the Project, all as further described herein. E. EMWD will have primary responsibility for the formation and administration of CFD No. 2002-06. 5/16/02 R:~A greements'uMor gan Hill.doc F. The Board of Directors of EMWD (the "EMWD Board") has declared its intention to form and establish CFD No. 2002-06 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Govemment Code (the "Act"). G. The parties hereto find and determine that the residents residing within the boundaries of EMWD, City and CFD No. 2002-06 will be benefited by the design, construction and/or acquisition of the City Facilities and that this Agreement is beneficial to the interests of such residents. H. The parties hereto intend to have CFI) No. 2002-06 assist in financing the design, construction and/or acquisition of the City Facilities by disbursing Bond Proceeds in an amount which is equal to the Mitigation Fee. I. EMWD is authorized by Section 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the City Facilities. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among EMWD, City and Property Owner, pursuant to which CFD No. 2002-06, when formed, will be authorized to finance the construction and/or acquisition of the City Facilities. As authorized by Section 53316.6 of the Act, responsibility for constructing, providing for and operating the City Facilities is delegated to City to the extent set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Proposed Formation of CFD No. 2002-06. EMWD will undertake to analyze the appropriateness of forming CFD No. 2002-06 to finance the City Facilities and other facilities. EMWD will retain, at the expense of the Property Owner, the necessary consultants to analyze the proposed formation of CFD No. 2002-06. 3. Sale of Bonds and Use of Proceedg In the event that CFD No. 2002-06 is formed, the Board of Directors of EMWD acting as the legislative body of CFD No. 2002-06 may, in its sole discretion, finance the City Facilities by issuing bonds in one or more series (the "Bonds"). To the extent that CFD No. 2002-06 determines, in its sole discretion, that Bond Proceeds are available to finance the City Facilities, it shall deposit such amount in a special fund, or fund(s), accounts(s) or subaccount(s), of CFD No. 2002-06, established by the Fiscal Agent Agreement (defined below) (the "Acquisition and Construction Fund"). In conjunction with the issuance of the first building permit for the construction of homes within the Project, it may be necessary for Property Owner, or its successors of assigns, to make Advances to City before Bonds are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request to EMWD or the CFD, in the format and meeting the requirements as set forth in the indenture, trust agreement, resolution, fiscal agent agreement, or similar instrument for CFD No. 2002-06 (the "Fiscal Agent Agreement"), requesting disbursement of an amount equal to all Advances from the Acquisition and 5/16/02 R:~AgreementskMorgan Hill.doc 2 Construction Fund. The sole soume of funds from which Property Owner will be entitled to receive reimbursement of the Advances shall be the Bond Proceeds to be deposited in the Acquisition and Construction Fund. Following the issuance and sale of the Bonds, Property Owner may authorize City to request a disbursement, for disbursement to it of Bond Proceeds for the City Facilities, from the Acquisition and Construction Fund, in the form attached hereto as Exhibit B (the "Disbursement Request"), which shall be signed by an authorized agent or officer of Property Owner and City. Upon receipt of an approved Disbursement Request completed in accordance with the terms of this Agreement, CFD No. 2002-06 shall wire transfer (or pay in another mutually acceptable manner) to City such requested funds to the extent that Bond Proceeds are available for such purpose. Upon receipt of such disbursement, Property Owner shall be deemed to have satisfied the applicable Mitigation Fee with respect to the Project in an amount equal to such disbursement. Nothing herein shall supersede the obligation of Property Owner to pay the Mitigation Fee when due. The purpose of this Agreement is to provide a mechanism by which CFD No. 2002-06 may issue bonds to provide a source of funds to finance the City Facilities in lieu of the payment of the Mitigation Fee. In the event that Bond Proceeds are not available to satisfy the obligation, then Property Owner shall remain obligated to pay the Mitigation Fee as a condition of receiving building permits for the Project. The Bonds shall be issued only if, in its sole discretion, the Board of Directors of EMWD determines that all requirements of state and federal law and all EMWD policies have been satisfied or have been waived by EMWD. In no event shall City have a right to compel the issuance of the Bonds or the disbursement of Bond proceeds to fund the City Facilities. City agrees that prior to requesting payment from CFD No. 2002-06 it shall review and approve all costs included in its request and will have already paid or incurred such costs of City Facilities from its own funds subsequent to the date of this Agreement, or will disburse such amounts to pay the costs of the City Facilities following receipt of funds from CFD No. 2002-06. In the event that City does not disburse any Bond Proceeds received by it to third parties within five banking days of receipt, it will trace and report to CFI) No. 2002-06 all earnings, if any, earned by City, from the date of receipt of such Bond Proceeds by City to the date of expenditure by City for capital costs of the City Facilities. Such report shall be delivered at least semiannually until all Bond Proceeds are expended by City. City agrees that in processing the above disbursements it will comply with all legal requirements for the expenditure of Bond Proceeds under the Internal Revenue Code of 1986 and any amendments thereto. City agrees to maintain adequate internal controls over its payment function and to maintain accounting records in accordance with generally accepted accounting procedures. City will, upon request, provide EMWD with access to City's records related to the City Facilities and will provide to EMWD its annual financial report certified by an independent certified public accountant (the "Annual Financial Report") for purposes of assisting EMWD in calculating the arbitrage rebate obligation of CFI) No. 2002-06. 4. Reimbursement of City Costs. Property Owner shall advance to the City an amount equal to the City's costs reasonably incurred in connection with its review of this Agreement, which advance shall be reimbursed to Property Owner from Bond Proceeds as soon after receipt of the R:~.greementshMorgan Hill.doc 3 Bond Proceeds as is reasonably possible, and City shall be reimbursed for its costs reasonably incurred in connection with its compliance with the reporting requirements of this Agreement (other than in connection with the preparation of the Annual Financial Report) as an administrative expense from the collection of special taxes of CFD No. 2002-06. 5. Construction. City will complete the design of the City Facilities and the plans and specifications for construction of the City Facilities and will be responsible for acquiring and constructing the City Facilities. 6. Ownership of Facilities. The City Facilities shall be and remain the property of City. 7. Indemnification. EMWD shall assume the defense of, indemnify and save harmless, City, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of EMWD with respect to this Agreement and the issuance of the Bonds; provided, however, that EMWD shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their agents or employees. City shall assume the defense of, indemnify and save harmless, EMWD, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of City with respect to this Agreement, and the design, engineering and construction of the City Facilities; provided, however, that City shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their agents or employees. 8. Allocation of Special Taxes. The Board of Directors of EMWD, as the legislative body of CFD No. 2002-06, shall annually levy a special tax as provided for in the formation proceedings of CFD No. 2002~06. The entire amount of any special tax levied by CFD No. 2002-06 to repay Bonds, or to fund other obligations, shall be allocated to CFD No. 2002-06. 9. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. 10. Entire Agreement. This Agreement contains the entire agreement among the parties with respect to the matters provided for heroin and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 11. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to another party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: EMWD: Eastern Municipal Water District 2270 Trumble Road Post Office Box 8300 Pen-is, California 92572-8300 Attn: General Manager R:XAgr eemen ts',M organ Hill.doc 4 City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attn: City Manager Property Owner: McMillin Morggn Hill, LLC c/o McMillin Land Development 2727 Hoover Ave. National City, CA 91950 Attn: Wade Hall Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 12. reference. Exhibits. All exhibits attached hereto are incorporated into this Agreement by 13. Severabilit¥. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 14. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 15. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by another party, hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter. 16. No Third Part,/Beneficiaries. No person or entity other than CFD No. 2002-06 when and if formed shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City, EMWD, Property Owner, and CFD No. 2002-06 (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 17. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. 5/16/02 R:XA gr eements~aM organ Hill.doc 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year whtten above. EASTERN MUNICIPAL WATER DISTRICT By: Director of Finance ATTEST: By:. Secretary of the Board of Directors CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney [Signatures continued on following page] R:~AgreementsWlorgan Hill.doc 6 McMILLIN MORGAN HILL, LLC, a Delaware limited liability company By: McMillin Management Services, LP, its Manager By: Corky McMillin Construction Services, Inc., a California corporation, its General Partner By: Name: Title: By: Name: Title: 5/16/02 R:XAgreements~Morgan Hill.dec 7 EXHIBIT A DESCRIPTION OF PROPERTY [COPY OF BOUNDARY MAP TO BE INSERTED] Improvement Area A [INSERT LEGAL DESCRIPTION] Improvement Area B [INSERT LEGAL DESCRIPTION] Improvement Area C [INSERT LEGAL DESCRIPTION] 5/16/02 R:~Agreements~Vlorgan Hill.doc A-1 EXHIBIT B DISBURSEMENT REQUEST FORM 1. Community Facilities District No. 2002-06 (Morgan Hill) of the Eastern Municipal Water District ("CFD No. 2002-06") is hereby requested to pay from the Acquisition and Construction Fund established by CFD No. 2002-06 in connection with its Series Special Tax Bonds (the "Bonds") to the City of Temecula ("City") or McMillin Morgan Hill, LLC (the "Property Owner"), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested hereunder has been expended or encumbered for capital costs related to the design, construction and/or acquisition of the City Facilities incurred on or after ,2002. The amount requested is due and payable, has not formed the basis of prior request or payment and is being made with respect to In the event that City does not disburse any Bond Proceeds received for disbursement to third parties within five banking days of receipt, City agrees to trace and report to CFD No. 2002-06 all earnings, if any, accruing from the investment of such Bond Proceeds, from the date of receipt by City of such amounts to the date of expenditure of such arno'unts for costs of the City Facilities. 3. Amount requested: $ 4. The amount set forth in 3 above is authorized and payable to pursuant to the terms of the Joint Community Facilities Agreement among EMWD, City and Property Owner, dated as of ,2002 (the "Agreement"). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. Date: CITY OF TEMECULA McMILLIN MORGAN HILL, LLC, a Delaware limited liability company By: McMillin Management Services, LP, Its: Manager By: Corky McMillin Construction Services, Inc., a California corporation Its: General Partner By: Name: Tide: By: Name: Title: 5/16/02 R 5AgreementskMorgan Hill.doc B-I ITEM 16 APPROVAL,_/, CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Gary Thornhill, Deputy City Manager DATE: July 9, 2002 SUBJECT: Agreement for Weed Abatement Services Between the City of Temecula and Rory Rieck and Chuck Maciel's Weed Abatement. PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Approve the Contract with Rory Rieck and Chuck Maciel's Weed Abatement for Weed Abatement Services for a total of $15,000.00. BACKGROUND: The City returned to providing weed abatement services in 2000. To accomplish this task, the City entered into agreements with two local contractors to provide forced abatement services. The contracts were written to allow two annual extensions. This contract renewal represents the second and final extension for forced abatement services. The fees paid to the contractors are recovered by the City through direct billing to the property owner. Liens are assessed and are collected through County property tax bills if the property owner does not pay when presented with a demand letter. Rory Rieck and Chuck Maciel's Weed Abatement has agreed to keep the same rates for weed abatement that were in force last year. FISCAL IMPACT: Adequate funds have been included in the FY 2002-03 budget in accounts 001-161-611-5440 (Code Enforcement). ATTACHMENTS: City of Temecula Agreement for Consulting Services (Weed Abatement Services) R:\BROWNS\Code\weed abate staffrpt 2000-03 reick-maciel.doc CITY OF TEMECULA CONTRACT AGREEMENT FOR WEED ABATEMENT SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of July 1, 2002, by and between the City of Temecula, and Rory Riek and Chuck Maciel's Weed Abatement. Services ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2003, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 3. PAYMENT The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifteen Thousand Dollars ($15,000) per year for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first 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 30 days of receipt of invoice of any disputed fees set forth on the invoice. Council. CHANGE ORDERS Change orders exceeding these limits shall be approved by the City 5. 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. 6. 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. 7. WAIVER OF CLA1MS On or before making final request for payment under Paragraph 3., above, Contractor shall submit to District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District 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. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's in Temecula Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. R:~BROWNS\Code~Wced Abatement contract 2002-03.doc Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the 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 (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. 11. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE 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 fi.om 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 coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance Contractor shall maintain limits no less than: R:~BROWNS\Code\Weed Abatement contract 2002-03.doc General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecfflocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,0130,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. d. 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 behalfi All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR 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 the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except 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 the City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The 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. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. RABROg/NS\Code\Weed Abatement contract 2002-03.doc 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Contract. Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 21. UTILITY LOCATION The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 22. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 23. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rory Rieck & Chuck Maciel's Weed Abatement 15860 Oro Glen Moreno Valley Ca 92551 25. 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. 26. .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. R:\BROX~rNS\Code\Weed Abatement contract 2002-03.doc 27. GOVERNING LAW The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 28. 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. 29. 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. R:\BROWNS\Cc~Ie\Weed Abatement contract 2002-03.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, City Manager Attest: SusanW. Jones, CMC, CityClerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Name By: Name: Title: (Two Signatures Required for Corporations) R:\BROWNS\Code\Weed Abatement contract 2002-03.doc 6 PART: I EXHIBIT "A" SCOPE OF WORK The contractor shall provide Weed abatement services to the City of Temecula in accordance with the Exhibit "A", Fee Schedule, Part II, Procedures, and Part III Instructions, Conditions, and Legal Requirements of this contract. PARTII PROCEDURES DISCING - Weed abatement by disking shall be accomplished by disking with a double-throw disc at sufficient depth to place all weeds under the surface. Disking is the plowing of weeds using reasonable care so as to not disturb under/over ground utilities, destruction to fencing, trees, bushes, buildings, equipment, supplies or adjoining land, including fire due to reckless/negligent disking of land, wherever practical and unless otherwise specified, disking is to be considered the primary method of abating weeds. Cross Disking - Where the nature of the soil is such that it is not receptive to the cutting edge of the discs, the area shall be cross-disked to reduce the magnitude of any exposed combustibles. Special Disking Conditions - Where the nature of the soil is such that it is not receptive to the cutting edge of the disc being used and where the cross disking fails to meet the standards of the Hazardous Reduction Program, it shall be the responsibility of the firm to provide the proper equipment to accomplish the approved cleaning. Dust Control - During windy conditions, the firm shall postpone work until the wind subsides or watering is provided to minimize blowing dust. EQUIPMENT - The firm selected shall furnish tractors, discs, mowers, etc. in all areas suitable to complete the job of disking property. The firm shall provide transportation to and from the job sites, for his equipment and all necessary fuel, etc., at his/her own expense. Flail mowing may be necessary in areas where environmental concerns won't allow disking. Qualified Personnel/Operators - All personnel involved in this program, must be a Fire Certified inspector and a qualified, cooperative, experienced tractor operator. All tractors and other equipment will be maintained by the firm at their expense and on his own time. 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. Disc - Unless otherwise approved by the Hazard Reduction Program Manager, the disc used shall be - hydraulically controlled. It shall be able to turn easily and maneuver in small areas. It shall be heavy duty and capable of accomplishing a thorough mixing of soil and weeds. The disc must be in good mechanical condition. Transport Truck - The transport truck for hauling the tractor and disc shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach the job sites. Transports will have a tilt type 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. 5. Flagman - If required or necessary for any reason, the firm will furnish, at no expense to the City, flagpersons for loading and unloading of equipment. The only equipment allowed will be tractors with discs with the exception of those areas, which will require different equipment as necessary. The City Fire Chief, Chief Building Official or the City Code R: \BROWNS\Code\Weed Abatemen~ con~rac~ 2002-03 .doc 7 Enforcement Officers will advise contractors/consultants where the mowing or other methods will be allowed. The use of non-authorized equipment or methods will result in non-payment by the City. 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 program representative. Method of Clearing - 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 to the letter of the herein stated standard, the payment would be based on fifth (50) percent of the total square footage. 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 disked. Tumbleweed Abatement - The awarded firm will also be used in tumbleweed abatement in all areas during the months of August through October. TRACTOR MOWING General - When, in the opinion of the Inspector, and at all times in areas of high erosion, it is determined that for any reason disking of a property is impractical or undesirable, 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 two (2") inches from the solid surface and as close to adjoining improvements as possible, but in no event further than eighteen (18") inches. 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. 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. 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. HAND CLEANING AND HAULING General - Whenever it is impractical by reason of topography, location of trees, shrubbery, buildings, fences or type of vegetative cover to disc or use a tractor mower and when authorized by the Building Department, 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. 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. Required Tools and Equipment - The contractor shall furnish all hand tools, power equipment and safety equipment necessary to accomplish the specified work. R:\BROWNS\Code\Weed Aba~oment con~racg 2002-03.doc 8 Supervision Furnished by Contractor - Supervision of hand crews will be furnished by the contractor at his own expense. All supervisors must be experienced and verbally capable of communicating with the inspector. 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. 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 Department, or designee. 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 ifa landfill tipping fee receipt is presented with the billing. 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 3. 4. 5. General - Whenever it is impractical by reason of location of rubbish, refuse, and dirt to disc or use a tractor mower and when authorize by the Building Department, the rubbish, refuse, and dirt shall be removed. The degree of removal to be accomplished on any parcel will be specified by the City. 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. Disposal of Rubbish, Refuse, and Dirt - The material shall be disposed of by hauling the material to the nearest County landfill site. Required Tools and Equipment -The contractor shall furnish all equipment necessary to accomplish the specific work. Supervision Furnished by Contractor - Supervision of crews will be furnished by the Contractor at his own expense. 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 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. Travel Time to Landfill - Travel time to and from the landfill shall not be charged. This charge is included in the rate. Piles of Dirt - All parcels that have piles of dirt shall be leveled in a matter authorized by the Building Department. Exceptions - Any exceptions to the foregoing regulations will be at the discretion of the Building Official, or designee, should special circumstances exist. PART llh INSTRUCTIONS~ CONDITIONS, and LEGAL REQUIREMENTS 1. Al/services provided by the Contractor shall be performed in strict accordance with the City of Temecula Municipal Code 816 and Ordinance 1103.2.4 of the 1998 California Fire Code. R:\BROWNS\Code\Weed AbaEemenE contracE 2002-03.doc 9 10. 11. 12. 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 prime Contractor is also responsible for paying its employees and any sub-Contractors the prime Contractor hires. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California not less than the general prevailing rate of per diem wages by each craft or type of workman needed to execute the contract in the locality in which the work is to be performed shall be paid. (Contractor shall submit certified payroll to the City) The contractor is required to comply with all existing State and Federal labor laws. 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 RFQ. 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. 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. The selected Contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 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. The Contractor shall provide a local telephone number where service personnel can be reached on an "on call" basis twenty-four (24) hours a day, seven days per week. This telephone number will be made available to all authorized personnel designated by the City Contractor agrees that all service by the contractor shall be to the satisfaction of authorized City Code Enforcement personnel. In the event that the Contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Contractor by certified mail or courier. The Contractor shall maintain the contract during the termination period. Termination of the contract will not relieve the Contractor of any liability to the City for damages sustained by the City because of any breach of contract by the Contractor, and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined. The term of the contract shall commence upon award by the City Manager/City Council and continue through June 30, 2001. The City reserves the option to extend the contract(s) under the same terms and conditions for an additional three years. Price adjustments may occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino All Urban Consumers Index to determine the pementage of increase or decrease, the term "previous twelve months" shall mean the twelve month period ending June 30th of that year, or if not available, the prior month. The contract between Contractor and the City is non-transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. The City's terms for payment are net thirty (30) days upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for services provided the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. R:\BROWNS\Code\Weed Abatement contract 2002 03.doc 13. 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. 14. 15. Prohibited Interest - No member, 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 that any such interest is discovered whether or not law or this agreement prohibits such interest. The awarded firm shall at all times take precautions (where necessary) to insure the protection of the public and meet OSHA and COSHA requirements. All work performed shall be done in a prompt, thorough, lawful and professional manner. Contractor shall perform work in accordance with all applicable federal, state, and local laws, rules, ordinances, regulations, and permit conditions. 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. 16. 17. The Contractor shall take clear and concise pictures of the area demonstrating need for abatement. These pictures 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 the parcel number it represents. Contractor will furnish the camera, film and envelopes to hold the pictures. Each "after" picture shall be taken from the same location as the "before" picture, showing some outstanding landmark. 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.) 18. 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 firm, 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. 19. 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. 20. 21. 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. All discing 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. 22. Complaints - The contractor will be responsible for promptly answering inquiries and complaints of the Building Department or private property owners or citizens relative to any work, charges, damage or any other questions that may arise as a result of abatement operations by the contractor. 23. 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. 24. 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. R: \BROWNS\Code\Weed Abatement contract 2002-03 .doc 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Hold Harmless Clause - The contractor shall indemnify and hold harmless the City of Temecula, its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to, or death of persons; or damage to property arising out of or in any manner connected with the negligence or lack of care of the contractor, his officers, agents, or employees in the performance of this contract. This provision shall include any and all claims arising from sub-contractors retained by the contractor. Reports of Damage - The contractor will promptly notify the Building Department of any damage to private property as a result of abatement operations. Supervision - The contractor shall be responsible for providing qualified supervision in all areas of operations. Supervision will be provided at the expense of the contractor. The supervisor will make necessary repons and work directly with the area inspector in planning and scheduling the work. Transportation - All transportation of equipment and personnel to and from the job site will be arranged by the contractor. 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. 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. 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. Operations - The contractor is required to provide sufficient operable equipment, replacements, and personneI 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. Termination of Operations - Final authorization to terminate abatement operations will be made by the Building Official, or his designee. Furnish Manpower and Equipment - Furnish all supervision, labor, materials, equipment and tools such as, but not limited to tractors, discs, 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. Unauthorized Work - Payment will not be made to the contractor for work accomplished that was not authorized by the Building Department. 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 Department for clarification. In the event that satisfaction has not been reached, the contractor may appeal to the Building Official. 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. R:\BROWNS\Code\Weed Abatement contract 2002 03.doc EXHIBIT "B" FEE SCHEDULE 2. 3. 4. Weed removal shall be billed at a rate of $80.00 for the first acre or fraction thereofi This does not include handwork. Every acre or fraction thereof after the first acre shall be billed at a rate of $35.00. This does not include handwork. All parcels that are a quarter acre (0.25 acres) or less shall be billed at a rate of $80.00. This shall include all handwork. In the event dust control is necessary, the contractor may charge and additional $40.00 per acre or fraction thereof for use of a water truck. Trash removal shall be billed at a rate of $35.00 per cubic yard. Handwork along property edges fence lines and similar situations shall be billed on a running foot basis up to a maximum of 15 feet in width. The cost shall be $.05 (five cents) per linear foot. Handwork on slopes and similar places that are not accessible by tractors or other similar vehicles shall be billed at $40.00 per hour. R:\BROWNS\Code\Weed Abatement contract 2002-03.doc ITEM 17 AP PROVAL~:?g~ CITY ATTORNEY ~ ~ DIR.OF FINANCE ~ CITY MANAGER ~¢~fi CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gary Thornhill, Deputy City Manage(4:/'~ DATE: July 9, 2002 SUBJECT: Agreement for Weed Abatement Services Between the City of Temecula and A.S.A.P. Services. PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Approve the Contract with A.S.A.P. Services for Weed Abatement Services for a total of $15,000.00. BACKGROUND: The City returned to providing weed abatement services in 2000. To accomplish this task, the City entered into agreements with two local contractors to provide forced abatement services. The contracts were written to allow two annual extensions. This contract renewal represents the second and last annual extension for forced abatement services. The fees paid to the contractors are recovered by the City through direct billing or through property liens that are collected during the County property tax cycle. ASAP has agreed to keep the same rates for weed abatement that were in force last year. FISCAL IMPACT: Adequate funds have been included in the FY 2002-03 budget accounts 001- 161-611-5440 (Code Enforcement). ATrACHMENTS: City of Temecula Agreement for Consulting Services (Weed Abatement Services) R:\BROWNS\Code\weed abate staffrpt 2002-03 ASAP.doc 1 CITY OF TEMECULA CONTRACT AGREEMENT FOR WEED ABATEMENT SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of July 1, 2002, by and between the City of Temecula, and ASAP ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2003, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 3. PAYMENT The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifteen Thousand Dollars ($15,000) per year for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first 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 30 days of receipt of invoice of any disputed fees set forth on the invoice. Council. CHANGE ORDERS_ Change orders exceeding these limits shall be approved by the City 5. 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. 6. 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. 7, WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3., above, Contractor shall submit to District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the fiual payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District 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. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's in Temecula Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. R:XBROWNS\Code\Weed Abatement contract 2002-03,do¢ Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the 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 (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. 11. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE 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 coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance Contractor shall maintain limits no less than: R:\BROWNS\Code\Weed Abatement contract 2002-03.doc (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecfflocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. d. 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. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR 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 the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except 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 the City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. District shall not be Iiable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The 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. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. R:\BROWNS\Code\Weed Abatement contract 2002-03.doc 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 21. UTILITY LOCATION The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 22. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 23. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WR1TTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not ~imited 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: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rory Rieck ChuckMactel s Weed Abatement 15860 Oro Glen Moreno Valley Ca 92551 25. 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. 26. 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. R:\BROWNS\Code\Weed Abatement contract 2002-03.doc 27. GOVERNING LAW The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 28. 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. 29. 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. R:~BROWlqS\Code\Weed Abatement contract 2002-03.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, City Manager Attest: SusanW. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Name By: Title: (Two Signatures Required for Corporations) R:\BROWNS\Code\Weed Abatement contract 2002 03.doc 6 PART: I EXHIBIT "A' SCOPE OF WORK The contractor shall provide Weed abatement services to the City of Temecula in accordance with the Exhibit "A", Fee Schedule, Part II, Procedures, and Part III Instructions, Conditions, and Legal Requirements of this contract. PARTII PROCEDURES DISCING - Weed abatement by disking shall be accomplished by disking with a double-throw disc at sufficient depth to place all weeds under the surface. Disking is the plowing of weeds using reasonable care so as to not disturb under/over ground utilities, destruction to fencing, trees, bushes, buildings, equipment, supplies or adjoining land, including fire due to reckless/negligent disking of land, wherever practical and unless otherwise specified, disking is to be considered the primary method of abating weeds. Cross Disking - Where the nature of the soil is such that it is not receptive to the cutting edge of the discs, the area shall be cross-disked to reduce the magnitude of any exposed combustibles. Special Disking Conditions - Where the nature of the soil is such that it is not receptive to the cutting edge of the disc being used and where the cross disking fails to meet the standards of the Hazardous Reduction Program, it shall be the responsibility of the firm to provide the proper equipment to accomplish the approved cleaning. Dust Control - During windy conditions, the firm shall postpone work until the wind subsides or watering is provided to minimize blowing dust. EQUIPMENT - The firm selected shall furnish tractors, discs, mowers, etc. in all areas suitable to complete the job of disking property. The firm shall provide transportation to and from the job sites, for his equipment and all necessary fuel, etc., at his/her own expense. Flail mowing may be necessary in areas where environmental concerns won't allow disking. Qualified Personnel/Operators - All personnel involved in this program, must be a Fire Certified inspector and a qualified, cooperative, experienced tractor operator. All tractors and other equipment will be maintained by the firm at their expense and on his own time. 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. Disc - Unless otherwise approved by the Hazard Reduction Program Manager, the disc used shall be - hydraulically controlled. It shall be able to turn easily and maneuver in small ureas. It shall be heavy duty and capable of accomplishing a thorough mixing of soil and weeds. The disc must be in good mechanical condition. Transport Truck - The transport truck for hauling the tractor and disc shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach the job sites. Transports will have a tilt type 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. 5. Flagman - If required or necessary for any reason, the firm will furnish, at no expense to the City, flagpersons for loading and unloading of equipment. The only equipment allowed will be tractors with discs with the exception of those ureas, which will require different equipment as necessary. The City Fire Chief, Chief Building Official or the City Code R:\BROWNS\Codo\Weed Abatement contract 2002-03.doc 7 Enforcement Officers will advise contractors/consultants where the mowing or other methods will be allowed. The use of non-authorized equipment or methods will result in non-payment by the City. STANDARD FOR CLEARING -The purpose of removal is for the reduction of fire and safety hazards arid w!ll be accomplished by turning under and mixing weeds with the soil or by mowing, hauling, ramming, 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 program representative. Method of Clearing - Five (5) acres and less will be cleared completely. Where the acreage consists of mom 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 to the letter of the herein stated standard, the payment would be based on fifth (50) percent of the total square footage. It may be determined that only a portion ora 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 disked. Tumbleweed Abatement - The awarded firm will also be used in tumbleweed abatement in all areas during the months of August through October. TRACTOR MOWING General - When, in the opinion of the Inspector, and at all times in areas of high erosion, it is determined that for any reason disking of a property is impractical or undesirable, 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 two (2") inches from the solid surface and as close to adjoining improvements as possible, but in no event further than eighteen (18") inches. 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. 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. 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. HAND CLEANING AND HAULING General - Whenever it is impractical by reason of topography, location of trees, shrubbery, buildings, fences or type of vegetative cover to disc or use a tractor mower and when authorized by the Building Department, 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. 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. Required Tools and Equipment - The contractor shall furnish all hand tools, power equipment and safety equipment necessary to accomplish the specified work. R:\BROWNS\Code\Woed Abatement contrac¢ 2002-03.doc 8 Supervision Furnished by Contractor - Supervision of hand crews will be furnished by the contractor at his own expense. All supervisors must be experienced and verbally capable of communicating with the inspector. 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. 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 Department, or designee. 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 landfiIl site or compost facility. Removal charges can be added if a landfill tipping fee receipt is presented with the billing. 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 3. 4. 5. General - Whenever it is impractical by reason of location of rubbish, refuse, and dirt to disc or use a tractor mower and when authorize by the Building Department, the rubbish, refuse, and dirt shah be removed. The degree of removal to be accomplished on any parcel will be specified by the City. Definition of rubbish, refuse, and dirt are as follows, discarded asphalt and concrete, abandoned foundations, htter, 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. Disposal of Rubbish, Refuse, and Dirt - The material shall be disposed of by hauling the material to the nearest County landfill site. Required Tools and Equipment - The contractor shall furnish all equipment necessary to accomplish the specific work. Supervision Furnished by Contractor - Supervision of crews will be furnished by the Contractor at his own expense. 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 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. Travel Time to Landfill - Travel time to and from the landfill shall not be charged. This charge is included in the rate. Piles of Dirt - All parcels that have piles of dirt shall be leveled in a matter authorized by the Building Department. Exceptions - Any exceptions to the foregoing regulations will be at the discretion of the Building Official, or designee, should special circumstances exist. PART III: 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 816 and Ordinance 1103.2.4 of the 1998 California Fire Code. R:\BROWNS\Code\Weed Abatement contract 2002-03.doc 9 10. 11. i2. 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 prime Contractor is also responsible for paying its employees and any sub-Contractors the prime Contractor hires. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California not less than the general prevailing rate of per diem wages by each craft or type of workman needed to execute the contract in the locality in which the work is to be performed shall be paid. (Contractor shall submit certified payroll to the City) The contractor is required to comply with all existing State and Federal labor laws. 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 RFQ. 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. 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. The selected Contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 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. The Contractor shall provide a local telephone number where service personnel can be reached on an "on call" basis twenty-four (24) hours a day, seven days per week. This telephone number will be made available to all authorized personnel designated by the City Contractor agrees that all service by the contractor shall be to the satisfaction of authorized City Code Enforcement personnel. In the event that the Contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Contractor by certified mail or courier. The Contractor shall maintain the contract during the termination period. Termination of the contract will not relieve the Contractor of any liability to the City for damages sustained by the City because of any breach of contract by the Contractor, and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined. The term of the contract shall commence upon award by the City Manager/City Council and continue through June 30, 2001. The City reserves the option to extend the contract(s) under the same terms and conditions for an additional three years. Price adjustments may occur during the fin'st thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino All Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve month period ending June 30th of that year, or if not available, the prior month. The contract between Contractor and the City is non-transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. The City's terms for payment are net thirty (30) days upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for services provided the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. R:\BROWNS\Code\Weed AlDatement contract 2002-03.doc 10 13. 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. 14. 15. Prohibited Interest - No member, 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 that any such interest is discovered whether or not law or this agreement prohibits such interest. The awarded firm shall at all times take precautions (where necessary) to insure the protection of the public and meet OSHA and COSHA requirements. All work performed shall be done in a prompt, thorough, lawful and professional manner. Contractor shall perform work in accordance with all applicable federal, state, and local laws, rules, ordinances, regulations, and permit conditions. 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. 16. The Contractor shall take clear and concise pictures of the area demonstrating need for abatement. These pictures 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 the parcel number it represents. Contractor will furnish the camera, film and envelopes to hold the pictures. Each "after" picture shall be taken from the same location as the "before" picture, showing some outstanding landmark. 17. 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.) 18. 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 firm, 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. 19. The work, labor and/or materials which the contracto'r 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. 20. 21. 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. All discing 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. 22. 23. 24. Complaints - The contractor will be responsible for promptly answering inquiries and complaints of the Building Department or private property owners or citizens relative to any work, charges, damage or any other questions that may arise as a result of abatement operations by the contractor. 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. 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. R:\BROWNS\Code\Weed Abatement contract 2002 03.doc 25. 26. 27. 28. 29. 30. 3i. 32. 33. 34. 35. 36. 37. Hold Harmless Clause - The contractor shall indemnify and hold harmless the City of Temecula, its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to, or death of persons; or damage to property arising out of or in any manner connected with the negligence or lack of care of the contractor, his officers, agents, or employees in the performance of this contract. This provision shall include any and ail claims arising from sub-contractors retained by the contractor. Reports of Damage -The contractor will promptly notify the Building Department of any damage to private property as a result of abatement operations. Supervision - The contractor shall be responsible for providing qualified supervision in all areas of operations. Supervision will be provided at the expense of the contractor. The supervisor will make necessary reports and work directly with the area inspector in planning and scheduling the work. Transportation - All transportation of equipment and personnel to and from the job site will be arranged by the contractor. 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. 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. Removal of Private Property - Under no condition will the contractor or his agent or workmen remove any ~tem or items from any private property except that which has been authorized by the Building Official, or his designee. 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. Termination of Operations - Final authorization to terminate abatement operations will be made by the Building Official, or his designee. Furnish Manpower and Equipment - Furnish all supervision, labor, materials, equipment and tools such as, but not limited to tractors, discs, 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. Unauthorized Work - Payment will not be made to the contractor for work accomplished that was not authorized by the Building Department. 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 Department for clarification. In the event that satisfaction has not been reached, the contractor may appeal to the Building Official. 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. R:\BROWNS\Code\Weed Abatement contract 2002 03.doc EXHIBIT "B" FEE SCHEDULE 2. 3. 4. Weed removal shall be billed at a rate of $80.00 for the first acre or fraction thereof. This does not include handwork. Every acre or fraction thereof after the first acre shall be billed at a rate of $35.00. This does not include handwork. All parcels that are a quarter acre (0.25 acres) or less shall be billed at a rate of $80.00. This shall include all handwork. In the event dust control is necessary, the contractor may charge and additional $40.00 per acre or fraction thereof for use of a water truck. Trash removal shall be billed at a rate of $35.00 per cubic yard. Handwork along property edges fence lines and similar situations shall be billed on a running foot basis up to a maximum of 15 feet in width. The cost shall be $.05 (five cents) per linear foot. Handwork on slopes and similar places that are not accessible by tractors or other similar vehicles shall be billed at $40.00 per hour. R:\BROWNS\Codo\Weed Abatement contract 2002 03.doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JUNE 11, 2002 A regular meeting of the City of Temecula Community Services District was called to order at 7:36 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLLCALL PRESENT: ABSENT: 4 DIRECTORS: Comerchero, Naggar, Pratt, Stone I DIRECTORS: Roberts Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 28, 2002. 2 Professional Services Aqreement for TCSD Landscape Plan Check and Inspection Services RECOMMENDATION: 2.1 Approve a Professional Services Agreement with PELA, a landscape architectural firm, for TCSD landscape plan check and inspection services in the amount of $60,000.00 and authorize the Board President to execute the agreement. Inclusion of Tracts into Service Level B for Fiscal Year 2002-2003 RECOMMENDATION: 3.1 Adopt a resolution entitled: 3 Minutes.csd~061102 1 RESOLUTION NO. CSD 02-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2002-2003 4 Financial Statements for the nine months ended March 31, 2002 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 2002, and approve the following increases: 1) Increase the Debt Service bond proceeds revenue estimate by $3,684,000; 2) Increase the Debt Service Fund appropriation for refunding bonds by $4,010,000; 3) Increase the Debt Service Fund appropriation for cost of issuance by $179,400. MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1-4. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval with the exception of Director Roberts who was absent. President Stone advised that in order to accommodate the numerous residents who were in attendance to hear Item No. 7 that the Board would change the order of the agenda, considering Item No. 7 next in order. PUBLIC HEARING 5 TCSD Proposed Rates and Charqes for Fiscal Year 2002-2003 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 02-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING, AND SERVICE LEVEL D - TRASH AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2002-2003 5.2 Adopt a resolution entitled: Minutes.csd\061102 2 RESOLUTION NO. CSD 02-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2002-2003 It was noted that President Stone abstained with regard to Item No. 5.2. This item was considered out of order, after consideration of Item No. 7; see page 6. DISTRICT BUSINESS 6 Review and Adoption of the FY 2002-2003 Annual Operatinq Budqet RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. CSD 02-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2002-03 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS This item was heard out of order; see page 7. 7 Aquatic Schedule - Summer 2002 RECOMMENDATION: 7.1 Review the Aquatics Program Schedule for the Summer of 2002 and provide staff with direction as it relates to this season's schedule. Presenting the staff report (of record), Director of Community Services Parker relayed that this item had been agendized at the request of Temecula Community Services District President Stone due to an allegation by Inland Gold Aquatics Swim Club that staff had been unfair in scheduling the Chaparral High School Swimming Pool for the upcoming season; acknowledged that while at an August, 2001, City Council meeting President Stone had stated, "The Inland Gold Aquatic Swim Club would be first in line for consideration of use of the Chaparral Swimming Pool," that he had not stated that Inland Gold would have exclusive use of the swimming pool as a swim club; advised that Inland Gold Aquatics had an equal amount of swim time at the Chaparral Pool as the Temecula Swim Club; clarified that when scheduling the City's aquatic facilities, staff first considers the City's needs, secondly, considers the needs of the high school swim team programs, and thirdly, considers the needs of the competitive recreational swim teams; relayed that there were two swim clubs in the community, listed as follows: Temecula Swim Club consisting of approximately 230 participants, and Inland Gold Aquatics consisting of approximately 32 participants; noted that typically when scheduling facilities for youth programs, the facilities were allocated according to the percentage of youth involved in Minutes.csd~061102 3 each organization; advised that there were a total of 262 youth participating in aquatic competitive swim programs, Inland Gold Aquatics making up approximately twelve percent (12%) of those youth, which would typically justify the allocation of twelve percent (12%) of the total available swim time; noted that out of the 44 hours weekly swim time available Temecula Swim Club (the larger program) had been allocated 19 hours per week, and Inland Gold Aquatics 12 hours per week; and advised that the 2002 aquatic schedule was reviewed and unanimously approved by the Community Services Commission. At this time President Stone opened the public hearing. The following individuals, representing the Temecula Swim Club, spoke regarding the 2002 aquatic schedule: o Mr. Mike Hoppe o Mr. Bob Norman Ms. Alison Breier o Ms. Stephanie Grallicle Ms. Karen Bales 42685 Sage Road 32199 Calle Avella 44801 Longfellow Avenue 44881 Longfellow Avenue 39340 Bales The above-mentioned individuals relayed the following comments regarding the 2002 aquatic schedule: · Thanked the Community Services Department staff and the City Council for their support of the Temecula Swim Club over the years; · Noting that other cities have determined to support only one swim team, advised that the City of Temecula most likely could not accommodate every swim club that decided to move to Temecula to utilize the City's facilities; · Relayed that Temecula Swim Club works via departmental staff regarding requests for swim time, noting concern that Temecula Swim Club would be disadvantaged due to not jumping the chain of command (as the other swim dub had) and seeking political influence to promote their agenda, requesting the City Council to provide direction; · Advised that Temecula Swim Club had originated in Temecula, represented the most Temecula citizens, and carried the name of the City that supported the team; · Thanked the City Council for its consideration of this issue; · Specified the various meets that Temecula Swim Club has hosted; · Relayed that two members of the Temecula Swim Club will be representing the City, as well as the United States, in Australia; · Commended the coaches of Temecula Swim Club for their diligent efforts; · Noted that it was an awesome experience when the Mayor of Temecula had visited one of the swim meets and declared it Temecula Swim Club Day; and · Supported the concept of providing equal swim time to the swim clubs dependent on the number of participants on each team. In response to President Stone, Miss Breier and Miss Grallicle relayed that the new pool facility at Chaparral High School had an adequate depth, that the landscaping was pleasing, and that overall it was a spectacular facility. Ms. Jana Clark, P.O. Box 2449, representing Inland Gold Aquatics, relayed the following comments regarding the 2002 aquatic schedule: Minutes,csd\061102 4 · Disputed the fact that Temecula Swim Club had 230 members, relaying that for a week in November of 2001, as well as in May of 2002, parents on her team had videotaped Temecula Swim Club's swim practice, advising that the largest number of participants present during the videotaped practices was 48; and additionally noted that at the meets Temecula Swim Club had approximately the same number of participants as Inland Gold Aquatics; · Relayed that in August of 2001, President Stone had relayed to the Inland Gold Aquatics representatives that the Inland Gold Aquatic Team would be first in line when the new facility opened; and · Requested that Monday through Friday from 5:30 P.M. to 8:30 P.M. be designated for Inland Gold at the CRC Pool. At this time President Stone closed the public hearing. Referencing Ms. Clark's comments whereby she stated her desire for a fair chance, Director Comerchero noted that in reviewing the aquatic schedule it appeared obvious to him that staff has been more than fair regarding scheduling swim time for Inland Gold Aquatics; while supporting the swim club, queried the allegation that they were not being treated equitably; in response to Mr. Hoppe's queries, noted that the process of requesting swim time has not changed; and advised that it had been a pleasure while serving as Mayor last year to visit one of the swim meets, noting that while he did not take a specific count that there had been a plethora of swimmers present from Temecula Swim Club at that meet. Councilman Pratt noted that it was his understanding that the concern of Inland Gold Aquatics was not the allocation of the number of hours, but the late hours their swim times had been scheduled; and with respect to equity, concurred that staff has done a wonderful job regarding the 2002 aquatic schedule. Concurring with Director Comerchero's comments, Director Naggar noted that need for additional pools in the City, advising that if the School District desired to partner with the City regarding an additional pool facility the City Council would most likely take the matter under consideration; noted the possibility that a pool facility could be considered for inclusion in the upcoming 40-acre sports park facility. For informational purposes, Director Comerchero, as a member of the Sports Park Ad Hoc Subcommittee, noted that it has been identified that there should be a footprint for an aquatics center, not necessarily in the sports park, but possibly at the adjacent high school site. President Stone reiterated the process for obtaining swim time which is based on the number of participants in each club; elaborated regarding his support of the excellent City staff; commented on the previous misquoting of his remarks from the August, 2002, City Council meeting by the swim club; opined that staff has been more than generous to Inland Gold Aquatics due to the distribution of swim time and the number of participants in the clubs; clarified the rationale for requesting that this issue be agendized in order to demonstrate to the public the City's thorough, equitable process of addressing these types of issues; reiterated that due to the finite number of facilities, swim time had to be allocated based on a certain formula; and relayed hopes that in the future Temecula would have an additional aquatic facility. It is noted that the Board concurred with the previously approved 2002 aquatic schedule. Minutes.csd\061102 5 MOTION: Director Comerchero moved to receive and file this report. The motion was seconded by Director Naggar and voice vote reflected unanimous approval with the exception of Director Roberts who was absent. The meeting recessed from 8:06 P.M. to 8:26 P.M. At this time the Temecula Community Services District resumed the regular order of the Agenda, considering Item No. 5. 5 TCSD Proposed Rates and Charqes for Fiscal Year 2002-2003 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 02-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING, AND SERVICE LEVEL D - TRASH AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2002-2003 5.2 Adopt a resolution entitled: RESOLUTION NO. CSD 02-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2002-2003 It was noted that President Stone abstained with regard to Item No. 5.2. Community Services Director Parker reviewed the staff report (per agenda material), noting that the rate levels for the upcoming fiscal year have not changed and that no increase is being proposed, advising that this will be the third year with the same rates. At this time, President Stone opened the public hearing. There being no public input, the public hearing was closed. MOTION: Director Naggar moved to approve Item No. 5.1. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval with the exception of Director Roberts who was absent. MOTION: Director Comerchero moved to approve Item 5.2. The motion was seconded by Director Naggar and voice vote reflected unanimous approval with the exception of Director Roberts who was absent and President Stone who abstained. Minutes.csd\061102 6 DISTRICT BUSINESS 6 Review and Adoption of the FY 2002-2003 Annual Operatinq Budqet RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. CSD 02-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2002-03 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS By way of a PowerPoint presentation, General Manager Nelson presented an overview of the proposed Annual Operating Budget; regarding the City's special tax, relayed that when Measure C was passed in 1997 the voters of Temecula established the special tax rate of $74.44 per home, per year, that the City Council has consistently reduced that rate to the current level of $63.44, that if the Parks and Recreation Program were totally funded through the special tax it would cost the residents approximately $122.00 per year, and that due to the Revenue Access Sharing in Temecula (REST) Program the residents have a cost savings of $58.46 per home, per year; and specified various additional facilities and programs which would be added inclusive of frae public swimming for all Temecula residents at all three aquatic facilities, noting that Temecula may be the only city in the State offering this type of benefit to the residents. For the public's information, President Stone advised that there had been a special workshop held regarding the budget, noting the efforts previously expended with respect to this comprehensive budget. MOTION: Director Comerchero moved to approve staff recommendation. The motion was seconded by Director Naggar. (Ultimately this motion passed; see page 8.) Director Naggar commended staff for a job well done regarding the budget in particular the inclusion of the maintenance of the freeway offramps. For informational purposes, President Stone relayed that the Summer Months Activities and Recreation in Temecula (SMART) Program was a free program for Temecula residents where residents could drop off their children at one of seven designated parks in the community, that the children would be supervised at the parks, that activities would be planned, and that there would be five excursions scheduled for a modest fee. In response to President Stone, Director of Community Services Parker relayed that additional information regarding the SMART Program could be obtained via the City's website. Mayor Pro Tem Stone noted the benefits (i.e., the new Chaparral Pool facility) to the community due to the monies spent locally at Temecula businesses, urging residents to continuing doing SO, Minutes.csd~061102 7 At this time voice vote was taken regarding the motion reflecting unanimous appreval with the exception of Director Roberts who was absent. It is noted that Item No. 7 was considered out of order; see page 3. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker noted that the SMART Pregram would begin on June 24, 2002, from 9:00 A.M. to 5:00 P.M., and would be held at seven park sites, listed as follows: Margarita Community Park, Temeku Hills Park, Winchester Creek Park, Pala Community Park, the Paseo Park (located in Vail Ranch), Long Canyon Creek Park, and Rotary Park; and relayed that staff was excited about the upcoming scheduled excureions that would be part of the SMART Pregram. GENERAL MANAGER'S REPORT Commending Director of Community Services Parker and his staff for their excellent work regarding the preparation of the budget, President Nelson relayed that he looked forward to the next twelve months' new activities and programs. BOARD OF DIRECTORS' REPORTS Noting that he had received a letter frem a 7th grader frem Temecula Middle School regarding the lack of designated locations available for youth to skateboard in Temecuia, Director Comerehere relayed that he has heard many other similar comments, recommending that there be a Free Family Night at the Skate Park scheduled as a pilot project through the summer, and that at the end of summer, the program be assessed. In response, Director of Community Services Parker advised that Recreation Superintendent Pelletier had relayed that Friday nights would be a great night to implement the Free Family Fun Night at the Skate Park. Based on a recommendation that he had received from Community Services Chairman Henz, President Stone requested that there be a Needs Assessment and Analysis conducted at the Temecula Elementary School Pool, noting his desire to have data regarding needed improvements to this facility for consideration in next year's CIP. Councilman Naggar added that there was room to enlarge this pool, Executive Director Nelson noting that the size of the pool would be explored as part of the analysis. · Specifying another need for public transit, Director Pratt advised that if mass transit was implemented, children could more easily access the City's recreational facilities. Commenting on the recent plan to improve the Murrieta Creek Trail (with grant monies), Director Naggar noted that the implementation of the Master Treiis Program would be additional avenue for children to access City facilities. Minutes.csd\061102 8 ADJOURNMENT At 8:46 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 25, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, President Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\061102 9 ITEM 2 APPROVAL ClTY ATTORNEY DIRECTOR OFFINANCE,~___ GENERAL MANAGER___~ TEMECULA COMMUNITY SERVICES DISTRICT CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: General Manager/Board of Directors ,,4f~.,)/~ William G. Hughes, Director of Public Works/City Engineer Herman Parker, Director of Community Services July 9, 2002 Amendment No. 2 to a Consulting Agreement for Professional Materials Testing, Chaparral High School Swimming Pool, Project No. PW00-08CSD PREPARED BY: Brian Guillot- Assistant Engineer, Capital Projects Julie Dauer- CIP Specialist RECOMMENDATION: That the Board of Directors approve Amendment No. 2 to the consulting agreement with Ninyo & Moore in the amount of $13,637.50 to complete the materials testing services for the Chaparral High School Swimming Pool, Project Number PW00-08CSD, and authorize the President to execute this amendment. BACKGROUND: On July 10, 2001 the Board of Directors approved a consultant agreement with Ninyo & Moore of San Diego, California, in the amount of $48,927.00 for the Chaparral High School Swimming Pool project. The General Manager previously approved Amendment No. 1 in the amount of $4,765.00, since it was within the 10% contingency. Amendment No. 1 provided for a change to the scope of services provided by Ninyo & Moore for additional Shotcrete Special Inspection services as required by the DSA (Division of the State Architect) inspector employed by Temecula Valley Unified School District (TVUSD). This work was not anticipated by Ninyo & Moore and was not included in the original consultant services agreement and scope of services. Amendment No. 2 is for additional services required, which includes compaction testing, concrete compressive strength tests, steel reinforcement testing, and field and laboratory services, that exceeded the original estimated quantities due to unforeseen delays in the progression of construction activities. The relocation of several existing underground utilities resulted in substantial delays to the project progress, and corresponding additional costs such as the services supplied by Ninyo & Moore. The combined effect of the change in scope of the work, and the delay in construction activities resulted in an increase in costs in excess of what is normally experienced. 1 r:gAgenda Reports~002\0709\Ninyo&Moore PW00-08 Amend2/jcd This request was not submitted to City Council until this time in order to avoid further delays in completing the project. Additionally, the extra services required by the delay associated with relocating the existing underground utilities was not fully determined until the work was substantially complete. Staff is requesting the approval of Amendment No. 2 in the amount of $13,637.50 to cover the additional geotechnical and materials testing services. This amount exceeds the 10% contingency and requires Board of Directors approval. FISCAL IMPACT: The Chaparral High School Swimming Pool is funded through Capital Project Reserves, Quimby Fees, and reimbursement from Temecula Valley Unified School District. The original agreement amount is $48,927.00. Amendment No. 1 for $4,765.00 was covered by the 10% contingency amount of $4,892.70. Amendment No. 2 for $13,637.50 will exceed the 10% contingency by $13,409.80. Amendment No. 2 in the amount of $13,637.50 will bring the total contract amount to $67,329.50. Adequate funds are available for Amendment No. 2 in Account No. 210-190-170-5804. ATTACHMENT: Amendment No. 2 2 r:~Agenda Repods~002\0709\Ninyo&Moore PWO0-08 Amend2Jjjcd SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND NINYO & MOORE CHAPARRAL HIGH SCHOOL SWIMMING POOL PROJECT NO. PW00-08CSD THIS SECOND AMENDMENT is made and entered into as of July 9, 2002 by and between the City of Temecula, a municipal corporation ("City") and Ninyo & Moore ("Consultant"). In consideration of the mutual covenants and conditions set forth heroin, the parties agroe as follows: 1. This Amendment is made with respect to the following facts and purposes: On July 10, 2001, the City and Consultant entered into that certain agroement entitled "City of Temecula Agroement for Professional Materials Testing" ("Agreement"). B. The Agroement was amended on March 20, 2002. The Agreement as amended shall be referrod to as the "Agreement." C. The parties now desire to amend the Agroement as set forth in this Amendment. 2. Section 5a. PAYMENT of the Agreement is heroby amended to read as follows: The City agroes to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Fee Estimate and Schedule of Fees, attached heroto and incorporated heroin by this referonce as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the fee estimate and schedule of fees are null and void. This amount shall not exceed Sixty Seven Thousand, Three Hundred Twenty Nine Dollars and Fifty Cents ($67,329.50) for the total term of the Agroement unless additional payment is approved as provided in this Agroement. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:tC1PIPROJECTStPWO0100 081GEOTMMEND 2.DOC IN WlTN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ClTY OFTEMECULA BY: Jeffrey E. Stone, President ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT Ninyo & Moore 5710 Ruffin Rd. San Diego, CA 92123 (858) 576-1000 BY: Avram Ninyo, Owner By: Mark Cuthbert, P.E., Project Manager (Signatures of two corporate officers required for Corporations) 2 REDEVELOPMENT AGENCY ITEM 1 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JUNE 11, 2002 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:46 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 4 AGENCY MEMBERS: Naggar, Pratt, Stone, Comerchero ABSENT: 1 AGENCY MEMBER: Roberts Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 28, 2002. Financial Statements for the nine months ended March 31, 2002 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 2002. MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval with the exception of Agency Member Roberts who was absent. AGENCY BUSINESS 3 Review and Adoption of the FY 2002-2003 Annual Operatinq Budget RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 02-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2002-03 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS R:\Minutes.rda\061102 I Agency Member Stone advised that he would be abstaining from this item. By way of PowerPoint presentation, Executive Director Nelson provided an overview of the proposed annual operating budget for the next fiscal year (per agenda material). MOTION: Agency Member Naggar moved to approve staff recommendation. The motion was seconded by Agency Member Pratt, (Ultimately this motion passed; see below.) Agency Member Naggar, echoed by Chairman Comerchero, commended Redevelopment Director Meyer and staff for their diligent efforts regarding the budget. Based on previous discussions at the budget workshop, Chairman Comerchero noted that there would be consideration to expand the definition of facade improvements in Old Town to also include landscaping, advising that this issue would be presented at a future meeting. At this time voice vote was taken regarding the motion reflecting unanimous approval with the exception of Agency Member Roberts who was absent and Agency Member Stone who abstained. 4 Review and Adoption of the FY 2003-2007 Capital Improvement Budget for thn Redevelopment Aqency (RDA) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 02-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2003-07 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2002-03 Agency Member Stone advised that he would be abstaining from this item. Executive Director Nelson presented the Capital Improvement Budget for the next five fiscal years (of record); based on a comment received, noted that staff would be investigating the feasibility of connecting the existing Old Town streetscape to the Southem Gateway Landscaping Project; and for Agency Member Pratt, relayed that the Theater Project, as well as the Children's Museum Project in Old Town would most likely aid in stimulating business. Agency Member Pratt queried whether the Old Town Local Review Board would be an appropriate body to address strengthening the ambience of the existing buildings in Old Town. In response to Agency Member Pratt, Chairman Comerchero noted the process of visioning for Old Town began in a more specific manner last year, and would be presented to the Agency at a future point. R:\Minutes.rda\061102 2 MOTION: Agency Member Naggar moved to approve staff recommendation. The motion was seconded by Agency Member Pratt and voice vote reflected unanimous approval with the. exception of Agency Member Roberts who was absent and Agency Member Stone who abstained. EXECUTIVE DIRECTOR'S REPORT · Executive Director Nelson commended staff for the excellent work regarding the budget. AGENCY MEMBERS' REPORTS Commenting on the proposed 17 dwellings for private ownership included in the Affordable Housing Program, Agency Member Naggar relayed that these homes would be a beautiful asset, noting hopes of additional similar projects in the future. ADJOURNMENT At 8:56 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 25, 2002, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\061102 3 WINCHESTER HILLS FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY JULY 10, 2001 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 7:43 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: 5 BOARDMEMBERS: Naggar, Pratt, Roberts, Stone, and Comerchero. ABSENT: 0 BOARDMEMBERS: None. Aisc present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of July 25, 2000. 2 Authorization of Special Tax Levy in Community Services District No. 98-1 (Winchester Hills) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. WHFA 01-0t A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) MOTION: Authority Member Naggar moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Authority Member Roberts and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comments. AUTHORITY MEMBERS'REPORT No comments. R:\Minutes.whfa\071001 1 ADJOURNMENT At 7:44 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:~vlin utes.wh fa\071001 2 ITEM 2 TO: FROM: DATE: SUBJECT: IF II APPROVAL II CITY ATTORNEY DIR. OF FINANCE ~__ II CITY MANAGER II WINCHESTER HILLS FINANCING AUTHORITY AGENDA REPORT Executive Director/Authority Members Genie Roberts, Director of Finance~.-~- July 9, 2002 Authorization of Special Tax Levy in Community Services District No. 98-1 (Winchester Hills) PREPARED BY: Karen Jest~ssistant Finance Director RECOMMENDATION: entitled: That the Board of Directors adopt Resolution No. WHFA 2002- RESOLUTION NO. WHFA 2002- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) BACKGROUND: The Winchester Hills Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency to assist in the refinancing of public improvements or bonds in connection with fixed special assessment liens in the Winchester Hills area of the City. On February 24, 1998, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention calted for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On April 14, 1998, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On June 23, 1998 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On July 29, 1998 special tax bonds in the amount of $12,255,000 were issued. The proceeds of the bonds were applied to pay delinquent assessments, and to prepay and discharge all future assessments levied on properties located in the District by the County of Riverside, acting through its Assessment District 161 and Assessment District 156. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District, a letter of credit provided by the developer, and amounts held in a reserve fund. The calculated special tax required to be levied for the 2002-03 fiscal year is $838,437.90. The City is currently in the process of working with the property owners to refinance CFD 98-1 and expects to complete this refinance by late August. At that time staff will bring forward a revised budget and levy repod. FISCAL IMPACT: The calculated special tax required to be levied for the 2002-03 fiscal year is $838,437.90. This amount represents a $16,614.11 or 1.98% decrease from the 2001-02 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. WHFA 2002- RESOLUTION NO. WHFA 2002- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX iN COMMUNITY FACILITIES DISTRICT NO. 98-1 (VVlNCHESTER HILLS) WHEREAS, the Winchester Hills Financing Authority is the legislative body for Community Facilities District No. 98-1 (Winchester Hills), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No. WHFA 98-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority, acting as the legislative body for Community Facilities District No. 98-1 (Winchester Hills) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. WHFA 98-11 and Ordinance No. WHFA 98-01, there is to be levied an aggregate special tax of $838,437.90 on the parcels which comprise the CFD for Fiscal Year 2002-03 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Ordinance No. WHFA No. 98-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: Payment of principal and interest on the outstanding authorized bonded indebtedness. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. WHFA 98-11 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 98-1 (Winchester Hills)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 9th day of July, 2002. ATTEST: Ron Roberts, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting thereof, held on the 9th day of July, 2002, by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk/Authority Secretary spebi~l Tax caicui~fi~)n Worksheet Bonds Outstanding ~i~1,400,000.00 Delinquency Rate for Fiscal Year 2000-01 0.00% Delinquency Rate for Fiscal Year 2001-02 0.00% March '03 Interest September '03 Interest September '03 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Deficit (Surplus) Reserve Adjustment Total Obligation 359,819.38 359,819.38 185,000.00 904,638.76 929,565.00 917,323.01 -12,241.99 0.00 12,241.99 12,241.99 916,880.75 719,638.76 Fiscal Agent Tax Consultant (Webb) Auditor -Controller Foreclosure Counsel Absorption/Disclosure City Administration Total Administration Prior Year Current Year Actual Levy 4,200.00 5,000.00 4,125.00 6,000.00 0.00 100.00 0.00 0.00 0.00 0.00 7,800.00 7,800.00 16,225.00 18,900.00 Total Obligation Total Administration Prior Year Deficit (Surplus) Total Requirement Administration % of Levy Maximum Authorized Tax Ci~i~ % of Lev)/ IT0t~l Ee~ 916,880.75 18,900.00 (97,342.85) 838,437.90 1,511,935.84 ~838;437~901 2.25% 0.93% FY 2001-02 Levy 855,052.01 Difference -16,614.11 -1.98% ACCOUNT DESCRIPTION ACCOUNT BALANCE As of 5/30~002 FUNDS AVAILABLE FOR SEPT P & I SpeciaITax Fund Reserve Fund Bond Fund Administrative Account Total Funds Available 641,189.89 917,323.01 742.26 13,700.00 1,572,955.16 641,189.89 742.26 641,932.15 0.00 641,932.15 544,589.30 Collection Subtotal Funds Needed for Sept. P & I 97,342,85 Other Sources: Reserve Fund Administrative Account Total of Other Sources 917,323.01 13,700.00 931,023.01 ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL' CITY A'I-rORN EY DIRECTOR OF FINA}~~ CITYMANAGER CITY OFTEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnoske, Director of Plannin~ July 9, 2002 Modification of Conditions of Approval for Amendment No. 7 of the Paloma del Sol Specific Plan and the Conditions of Approval for Revised Vesting Tentative Tract Map 24'182 (Planning Application 02-0299) RECOMMENDATION: Staff recommends that the City Council: 1. Adopt one of the two following resolutions entitled: RESOLUTION NO. 02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN, ALSO KNOWN AS PLANNING APPLICATION 99-0285 (PLANNING APPLICATION 02-0299); RESOLUTION NO. 02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN, ALSO KNOWN AS PLANNING APPLICATION 99-0285 (PLANNING APPLICATION 02-0299); 2. Adopt one of the two following resolutions: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP 24182, ALSO KNOWN AS PLANNING APPLICATION 96-0258 (PLANNING APPLICATION 02- 0299); RESOLUTION NO. 02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP 24182, ALSO KNOWN AS PLANNING APPLICATION 96-0258 (PLANNING APPLICATION 02- 0299 BACKGROUND: The Paseo del Sol Specific Plan was first approved by the County of Riverside in 1988. Since that time, the Plan has been amended several times. Amendment No. 7 was considered by the City Council on October 19, 1999 and November 9, 1999, and eventually approved on November 16, 1999. Vesting Tentative Tract Map 24182 was initially approved in 1989. The subsequent revision to Vesting Tentative Tract Map 24182 was approved by the Planning Commission on February 2, 1998. DISCUSSION: In response to the concerns of the Corona Family, the City Council added Condition of Approval Number 7 to Amendment 7 of the Paloma del Sol Specific Plan. The Corona's had expressed a concern that the continued development by Newland would continue to cause harm to their property located east of Butterfield Stage Road. To demonstrate to the Corona's that Newland would be required to address the drainage issue in good faith, the City Council applied the following condition on Amendment No. 7 The Butterfield Stage Interceptor ultimate improvements shall be built, or the City Council, following a public hearing, determines that significant improvements have occurred in the negotiations for a reasonable compromise, at which time the Council has authority to issue building permits for Parcel Map No. 29431, Parcels 6 and 7 (Planning Areas 6A and 6B), consisting of 508 multi-family units. The City shall process the request for a public hearing, if needed, as a "no fee" application. (Amended by the City Council, November 9, 1999 and modified by the City Council November 16, 1999)." Following this decision, representatives from the City, Newland Communities, and the Corona Family have meet several times to try to resolve the issue. However, no resolution has occurred. The primary obstacle to resolution appears to be location of the future drainage channel, and who will pay for the improvements. Newland Communities wants to build the drainage channel within the Assessment District consistent with the approved master plan. The Corona Family wants to have the channel built to the east of its current location (outside of the Assessment District). The cost of the eastern location is substantially more than the available funding sources. The condition also allows Newland to request that the City Council delete the Condition of Approval if a reasonable compromise is not possible. On April 17, 2002, representatives for Newland Communities notified the City that they did not believe a reasonable compromise was possible and officially requested that the City Council remove Condition of Approval No. 7 for Planning Application 99-0285. A copy of this letter is contained in Attachment No. 3. In conjunction with this request, Newland Communities is also requesting that the City Council remove Condition of Approval No. 40, for Vesting Tentative Tract Map 24182, which requires that Newland maintain an interim detention is maintained in the Fifth and Final Phases of the map. The basin is located in the southeast corner of the project site across Butterfield Stage Road from the Corona property. The City's intent in applying this condition was to ensure that drainage issues on the Corona's property were addressed prior to build-out of the Specific Plan. Condition 40, a prerequisite for approval of the Final Map is as follows: "40. An interim detention basin has been constructed on the southern portion of Phase 5 and the Final Phase of Tentative Tract 24182. The existing detention basin or an equivalent facility shall remain in place until such time that upstream drainage facilities are constructed to convey offsite storm flows to an adequate outlet. Any revisions to the existing detention basin and appurtenant drainage facilities shall be approved by the City." ENVIRONMENTAL REVIEW: The City Council adopted Addendum No 3 to the Environmental Impact Report for the Paloma del Sol Specific Plan on November 9, 1999. Addendum No. 3 addressed the issues related to the proposed Specific Plan Amendment No. 7. The primary changes associated with Amendment No 7 involved modifications to the land uses in the southwestern portion of the Plan. In approving the revisions to ¥ I I M 24182, the Planning Commission made a finding that the proposed map was consistent with the underlying Specific Plan for which an environmental impact report had been previously certified. Residential development projects that are consistent with an approved specific plan are exempt from review pursuant to Section 15182 of the CEQA Guidelines. Section 15162 of the CEQA Guidelines established criteria to assist the Lead Agency is determining when additional environmental review is necessary. The criteria are as follows: Substantial changes have been made to the project that requires major revisions to the previous environmental documents. The removal of these conditions does not change the project that was considered and evaluated in the previous environmental documents. As a result, no additional environmental review is required. Substantial changes have occurred in surrounding area that requires major revisions to the previous environmental documents. There have been no substantial changes to the project locale. The local setting has not substantially changed since the project was considered and evaluated in the previous environmental documents. As a result, no additional environmental review is required. New Information that was not known when the previous environmental documents were prepared. No new issue areas or substantial changes in the facts have occurred since the project was previously by the Planning Commission and City Council level. As a result, no additional environmental analysis is required. As a result, no additional environmental analysis is required by the changes to the conditions of approval for Specific Plan Amendment No 7 and Vesting Tentative Tract Map 24182. FISCAL IMPACT: Removal of these conditions of approval will have no direct financial impact on the City of Temecula. ATTACHMENTS: 8. 9. 10. Condition No. 7 of Specific Plan No. 219, Amendment No. 7-Page 5 Resolution approving modifications to the Conditions of Approval for Amendment 7- Page 6 Resolution rejecting the request to modify the Conditions of Approval for Amendment 7- Page 10 Condition No. 40 of Tentative Tract Map No. 24182-Page 13 Resolution approving modifications to the Conditions of Approval for VTTM 24182-Page 14 Resolution rejecting the request to modify the Conditions of Approval for VTTM 24182- Page 17 Letter from Hewitt & O'Neil dated April 17, 2002-Page 20 Excerpts from the City Council minutes for Specific Plan Amendment No. 7-Page21 Excerpts from the Planning Commission minutes for VTTM 24182-Page 2§ Letter from Hewitt & O'Neil dated July 1, 2002-Page 26 ATTACHMENT NO. 1 CONDITION NO. 7 OF SPECIFIC PLAN NO. 2'19, AMENDMENT NO. 7 R:\S P A~002~02~299 PDS Conditions of Approval\Staff Report CC1 doc 5 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by the City Council, November 16, 1999 Planning Application No. PA99.-0285 - Specific Plan Amendment No. 7 Project Description: To amend Specific Plan No. 219 (Paloma del Sol) as follows: land uses within Planning Areas 1,6 and 8; the realignment and reconfiguration of Campanula Way between De Portola Road and Meadows Parkway, the raallocation of acreage within Planning Area 1 from 32.3 acres to 35.0 acres; the rcallocafion of acreage withlll Planning Area 6 from 36;3 to 34.3 acres; the division of Planning Area 6 into Planning Area 6A (22.3 acres, high density residential, 9-12 dwelling units per acre, with a maximum of 268 dwelling units) and Planning Area 6B (12 acres, very high density residential, '13- 20 du/ac, with a maximum of 240 dwelling units), resulting in an overall reduction of units from 590 to 508 dwellings; the provision to develop an active, private, gated senior community within Planning Area 8 that includes a private recreation area; and an update of Specific Plan Design Guidelines that incorporate the village vignettes and the senior amenities. Approval Date: PLANNING DIVISION General Requirements November 16, 1999 The applicant and owner of the real property subject to this condition shall hereby agree to indemnity, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the volers of the City, concerning the Planning Application. City shall promptly notity the both the applicant and landov;,ner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves ils right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. The applicant shall comply with ell underlying Conditions of Approval for Specific Plan No. 219 and its amendments unless superceded by these Conditions of Approval. The taxi of Amendment No. 7 Io Specific Plan No. 219 shall conform with Exhibit No. lB, "Paloma del Sol Specific Plan, Amendment No. 7" dated October 11, 1999, or as amended by these conditions. R:~fAFFRF~255p~99.CC I 1-9-99 fore,stud.dot 4. The text of Amendment No. 7 to Specific Plan No~ 219 Zoning Standards shall confornl with Exhibit No. 2A, "Paloma del Sol Specific Plan Zone Ordinance, Amendment No. 7' dated October 11, 1999, or es amended by these conditions. Within Thirty (30) Days From the Second Reading of the Ordinance Approving the Amendment The applicant shall submit the amended Specific Plan text to the Community Development Department- Planning Division, in accordance with Conditions of Approval and witl'[ requirements by the City Council. The applicant' shall correct or modify the following: a. Page.IV-85 b.2) a): The last sentence shall read: 'A minimum of 10% of the net acreage al the Home Depot site shall be landscaped.' b. Remove all references to the Major and Minor Commercial Entry and Shopping Center Identification signs, which shell be included in the Villages Design Manual, -~ubmitted for review end approval by the Planning Manager prior to the issuance of permits. Pz~or to issuance of building permits for Parcel Map No. 29431, Parcels 6 and 7 (Planning Areas 6A and The Butterfield Siege Interceptor ultimate improvements shell be buiff, or the City Council, following a public heaJ~ngo determines that =~nificant improvements have occurred in the negotiations for a reasonable compromise, at which time the Council has authority to issue building permits for Parcel Map No. 29431, Parcels 6 and 7 (Planning 'Ames 6A and 6B), consisting of 508 multi-family units. The City shall process the request fora public headng , if needed, as a "no fee"application. (Amended by the City Council, November 9, 1999 and modified by the City COuncil November 16, 1999). Ey placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformancw with these Conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. ~,pplicant Signature R:'~'J'AFFRFT~85pJ~gg.CC $ I-9-99 formatted.doc ATTACHMENT NO. 2 RESOLUTION APPROVING THE REMOVAL OF CONDITION 7 ATTACHMENT NO. 2 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN, ALSO KNOWN AS PLANNING APPLICATION 99-0285 (PLANNING APPLICATION 02-0299) WHEREAS, del Sol Investment Company LLC by and through Newland Communities filed Amendment No 7 to the Paloma del Sol Specific Plan (Planning Application No. 99-0285), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 99-0285 on September 15, 1999, September 29, 1999, and October 6, 1999, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered this application on October 19, 1999, November 9, 1999 and November 16, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. 99-0285; WHEREAS, during the Public testimony, representatives of the property owned by Corona family testified about the potential for flooding impacts on their adjacent property; WHEREAS, the City Council added Condition of Approval No. 7 to encourage Newland Communities and the Corona family to pursue a solution to address the asserted flooding issues; WHEREAS, the City Council approved Planning Application 99-0285, subject to the Conditions of Approval on November 16, 1999; WHEREAS, Representatives of the City of Temecula, Newland Communities, and the Corona family have met on numerous occasions to discuss resolution of the flooding issue; WHEREAS, Newland Communities submitted a letter to the City of Temecula on April 17, 2002 asserting their belief that a mutually acceptable compromise was not possible and accordingly requesting relief from Condition of Approval No. 7; WHEREAS, this amendment to the entitlement granted to the Applicant was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the City Council considered the application for relief from Condition of Approval No. 7 for Planning Application No. 99-0285 on July 9, 2002, at a duly noticed public hearing as prescribed by Resolution No. 90-04, as amended, at which time the City staff and interested persons had an opportunity to, and did testify in regards to the matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findin,qs. That the City Council, in approving the request for relief from Condition of Approval No. 7 for Planning Application No. 99-0285 hereby finds that Newland Communities has conducted negotiations with representatives of the Corona family as required by Condition of Approval No. 7 and has been unable to arrive at a mutually acceptable compromise. The City Council hereby terminates the restriction upon Newland Communities as is set forth in Condition of Approval No. 7. Section 3. Environmental Compliance. The City Council adopted Addendum No 3 to the Environmental Impact Report for the Paloma del Sol Specific Plan on November 9, 1999. Addendum No. 3 addressed the issues related to the proposed Specific Plan Amendment No. 7. The primary changes associated with Amendment No 7 involved modifications to the land uses in the southwestern podion of the Plan. The Condition of Approval being considered for removal was applied to Specific Plan Amendment No. 7 to address specific plan issues raised by an adjacent property owner. The Condition of Approval is not part of a mitigation measure. As a result, the City Council hereby finds that, with the removal of this condition, the Paloma del Sol Specific Plan is consistent with the project considered in the previously certified environmental impact reports and addenda because the removal of this condition does not effect the scale or magnitude of the project. As a result, no further environmental review is required. Section 4. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 9th day of July 2002. Ronald Roberts, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2002- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk ATTACHMENT NO. 3 RESOLUTION DENYING THE REQUEST TO REMOVE CONDITION 7 R:\S P A~2002102~299 PDS Conditions of Approval\Staff Report CC 1 doc 10 ATTACHMENTNO. 3 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN, ALSO KNOWN AS PLANNING APPLICATION 99-0285 (PLANNING APPLICATION 02-0299) WHEREAS, del Sol Investment Company LLC by and through Newland Communities filed Amendment No 7 to the Paloma del Sol Specific Plan (Planning Application No. 99-0285), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 99-0285 on September 15, 1999, September 29, 1999, and October 6, 1999, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered this application on October 19, 1999, November 9, 1999 and November 16, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. 99-0285; WHEREAS, during the Public testimony, representatives of the property owned by Corona family testified about the potential for flooding impacts on their adjacent property; WHEREAS, the City Council added Condition of Approval No. 7 to encourage Newland Communities and the Corona family to pursue a solution to address the asserted flooding issues; WHEREAS, the City Council approved Planning Application 99-0285, subject to the Conditions of Approval on November 16, 1999; WHEREAS, Representatives of the City of Temecula, Newland Communities, and the Corona family have met on numerous occasions to discuss resolution of the flooding issue; WHEREAS, Newland Communities submitted a letter to the City of Temecula on April 17, 2002 asserting their belief that a mutually acceptable compromise was not possible and accordingly requesting relief from Condition of Approval No. 7; WHEREAS, this amendment to the entitlement granted to the Applicant was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the City Council considered the application for relief from Condition of Approval No. 7 for Planning Application No. 99-0285 on July 9, 2002, at a duly noticed public hearing as prescribed by Resolution No. 90-04, as amended, at which time the City staff and interested persons had an opportunity to, and did testify in regards to the matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the City Council, in denying the request for relief from Condition of Approval No. 7 for Planning Application No. 99-0285 hereby finds that Newland Communities has not satisfied the requirements of Condition of Approval No. 7. Therefore the City Council hereby denies the request by Newland Communities to set aside Condition of Approval No. 7. Section 3. Environmental Compliance. The disapproval or the rejection of an application is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Gudielines. Section 4. PASSED, APPROVED AND ADOPTED by the City Council for the City of Temecula this 9~ day of July 2002. ATTEST: Ronald Roberts, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2002- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the following vote: AYES: NOES: ABSENT: dayof COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: 2002, by the Susan W. Jones, CMC/AAE City Clerk R:\S P A~2002102~299 PDS Conditions of Approval~Staff RepOd CC 1 doc 12 ATTACHMENT NO. 4 CONDITION NO. 40 OF TENTATIVE TRACT MAP NO. 24182 CITY OF TEMECULA ~/u4u/ue? Assessor's ParcM No.: Ap. proval Date: Expiration Data: PLANNING. DEPARTMENT General 'Requirements CONDITIONs OF APPROVAL Planning Appllcagon ' * * Revised} No. P. A96-0258 (Vest~ng Tents6ve Tract Map No. 24182- Project D. ascription: _The project consists' Of a revised Vest}n- ~'- ---. /' · ]tact Map No. 24182 (the subdivision of 124.35 aores within creating 562 single family residential lots and 31 open space Iot~). Paloma. del Sol Various Februm7 2, 1998 To be determined by the DevelOpment ~greement The tentative subdivision shell comply with the State of California Act and to all the requirements of Ordinance No. 460, unless modified by the' conditions Isled be ow. A time extension may be .approved in accordance with the I ' Subdivision Map State Map AEt and City Ordinance, Upon written request, if made 30 days prior to the expiration date. ..- · The deVel0per/appJicant shall indemnify, Protect, defend, and- hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and 'all claims, actions, or Proceedings. against the City, or any agency or instrumentality thereof, or any Of its officers~ employees and agents, to attack, set aside, vbid, annul, or ~eek monetarY damages ~esultJng from an approval of the City, or any.agen..cy or m.strumentahty thereof, ad~qsorY agency, appeal board . or legislative body including actions approved by the Voters of the City, concerning Planning Application h~. PA96-0258 (Vesting Tentative Tract Map No. 24182- Revlse~D which action brought within the appropriate statute of limitations period and Public Resources C..ode, .Division* 13, Chapter 4 (Se I bu, no, by ,he'way of,,mimons Section m,uding 21 ........ ,,u//. city shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall fu~her co, operate fully in the defense of the action. Should the City fail to either promptly hotJfy or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality.thereof, or any of its officers, employees, or agents. If subdivision phasing is proposed, the appflcent shall Submit a phasing plan to the PJennlng Manager for approval. Conservation District is required for worlc within their Right-of-Way. 32. All Utility systems including gas, lectnc, t'elephone, water, sewer, and cable TV shall · be provided for underground, ~vith easements provided as required, and designed end constructed in accordance with City Codas and.the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 33. The Developer shell notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 34. Bus bay~ will be provided at ell existing and future, bus stops as determined by the Riverside Transit Authority and ab approved by the Department of Public Works. 35. Pedestrian access with sidewalks shall Be provided f~om the cul-de-sac terminus of street 'G- G' to the adjacent public street. 36. This development must enter into an' agreement with the Clt~; for a "Trip Reduction Plan' in accordance with Ordinance No. 93-01. 37. Easements for $idewa ks for public u'ses shall be dedicated to the City where side'walks meander thr,0ugh private property.. 38. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities~ etc., shall be shown on the final map !f..they are located within the land division boundary. All offers of dedication end conveyances'shall'be submitted for review and recorded'=as directed by the Department.of Public Works. On-site drainage facll~tles located outside of road right-of-way ~hall be.c0~ltalned within drainage easements and shown on the final map. A note shall' be added to the final map stating 'dralna~Te eas'ement$ she# I~e J~ept flee of 39. If phasing of the map for Construction is proposed, legal all-Wesiher access as required by Ordinance 460 shall be provided from the tract b'oundary to a paved Cit~ maintained road. ' 40. .An interim detention basin has been constructed on the southen3 portion of Phase 5 and the Final Phase of Tentative Tract 24182.. Th6 exJsting detention basin.or an ~aqu.!.v.alent facility shall remain in place until such t me that u. pstream drainage - ca,ties are constructed to convey offsite storm flows to an adequate outlet. Any · revisions to the existing detention basin and al~purtenant drainage facilities shall be · approved by the City. Prior to ISSuance of Grading Permits ~ 41. As deemed necessary by the Department of P;,blic Works,.the Developer shall receive written clearance from.th.e follow ng agencies: · ' Sen Diego Regional Water Quality Control Board ATTACHMENT NO. 5 RESOLUTION APPROVING THE REMOVAL OF CONDITION 40 ATTACHMENTNO. 5 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP 24'182, ALSO KNOWN AS PLANNING APPLICATION 96-0258 (PLANNING APPLICATION 02- 0299) WHEREAS, del Sol Investment Company LLC by and through Newland Communities filed an application to revise Vesting Tentative Tract Map 24182 (Planning Application No. 96- 0258), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 96-0258 on February 2, 1998 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, the Planning Commission approved Condition of Approval No. 40 to encourage Newland Communities and the Corena family to pursue a solution to address the asserted flooding issues previously raised before the City Council; WHEREAS, the Planning Commission approved Planning Application 96-0258, subject to the Conditions of Approval on February 2, 1998; WHEREAS, Representatives of the City of Temecula, Newland Communities, and the Corona family have met on numerous occasions to discuss resolution of the flooding issue; WHEREAS, Newland Communities submitted a letter to the City of Temecula on April 17, 2002 asserting their belief that a mutually acceptable compromise was not possible and accordingly requesting relief from Condition of Approval No. 40; WHEREAS, this amendment to the entitlement granted to the Applicant was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the City Council considered the application for relief from Condition of Approval No. 40 for Planning Application No. 99-0258 on July 9, 2002, at a duly noticed public hearing as prescribed by Resolution No. 90-04, as amended, at which time the City staff and interested persons had an opportunity to, and did testify in regards to the matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:\S P A~2002~02~299 PDS Conditio~ls of Approval~Staff Reporl CCI ,doc 1 5 Section 2. Findin,qs. That the City Council, in approving the request for relief from Condition of Approval No. 40 for Planning Application No. 99-0258 hereby finds that Newland Communities has conducted negotiations with representatives of he Corona family as required by Condition of Approval No. 7 to Amendment 7 of the Paloma del Sol Specific Plan, and has been unable to arrive at a mutually acceptable compromise. The City Council hereby terminates the restriction upon Newland Communities as is set forth in Condition of Approval No. 40. Section 3. Environmental Compliance. In approving the revisions to VTTM 24182, the Planning Commission made a finding that the proposed map was consistent with the underlying Specific Plan for which an environmental impact report had been previously certified. Residential development projects that are consistent with an approved specific plan are exempt from review pursuant to Section 15182 of the CEQA Guidelines. The Condition of Approval being considered for removal was applied to comply with requirements of Specific Plan Amendment No. 7. The Condition of Approval is not part of a mitigation measure. As a result, the City Council hereby finds that, with the removal of this condition, the Paloma del Sol Specific Plan is consistent with the project considered in the previously certified environmental impact reports and addenda because the removal of this condition does not effect the scale or magnitude of the project. As a result, no further environmental review is required. Section 4. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 9th day of July 2002. ATTEST: Ronald Roberts, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2002- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the following vote: AYES: NOES: ABSENT: day of 2002, by the COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:IS P A~2002~024~299 PDS Conditions of Approva/~Staff RepOt[ CC1 .dcc 16 ATTACHMENT NO. 6 RESOLUTION DENYING THE REQUEST TO REMOVE CONDITION 40 R:~S P A~2002~02-0299 PDS Conditions of Approval\Staff Re[od CC1 dOC 17 ATTACHMENTNO. 6 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP 24182, ALSO KNOWN AS PLANNING APPLICATION 96-0258 (PLANNING APPLICATION 02-0299 WHEREAS, del Sol Investment Company LLC by and through Newland Communities filed an application to revise Vesting Tentative Tract Map 24182 (Planning Application No. 96- 0258), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 96-0258 on February 2, 1998 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, the Planning Commission approved Condition of Approval No. 40 to encourage Newland Communities and the Corona family to pursue a solution to address the asserted flooding issues previously raised before the City Council; WHEREAS, the Planning Commission approved Planning Application 96-0258, subject to the Conditions of Approval on February 2, 1998; WHEREAS, Representatives of the City of Temecula, Newland Communities, and the Corona family have met on numerous occasions to discuss resolution of the flooding issue; WHEREAS, Newland Communities submitted a letter to the City of Temecula on April 17, 2002 asserting their belief that a mutually acceptable compromise was not possible and accordingly requesting relief from Condition of Approval No. 40; WHEREAS, this amendment to the entitlement granted to the Applicant was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the City Council considered the application for relief from Condition of Approval No. 40 for Planning Application No. 99-0258 on July 9, 2002, at a duly noticed public hearing as prescribed by Resolution No. 90-04, as amended, at which time the City staff and interested persons had an opportunity to, and did testify in regards to the matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the City Council, in approving the request for relief from Condition of Approval No. 40 for Planning Application No. 99-0258 hereby finds that Newland Communities has conducted negotiations with representatives of he Corona family as required by Condition of Approval No. 7 to Amendment 7 of the Paloma del Sol Specific Plan, and has been unable to arrive at a mutually acceptable compromise. The City Council hereby denies the request by Newland Communities to set aside Condition of Approval No. 40. Section 3. Environmental Compliance. The disapproval or the rejection of an application is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Gudielines. Section 4. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 9th day of July 2002. A'FI'EST: Ronald Roberts, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2002- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the following vote: AYES: NOES: ABSENT: dayof COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: 2002, by the Susan W. Jones, CMC/AAE City Clerk ATTACHMENT NO. 7 LETTER FROM HEWITT & O'NEIL DATED APRIL 17, 2002 R:IS P A~2002\02~299 PDS Conditions (~f Approval\Staff Report CCI .doc 2 0 ThSAM. DFAN DUNN-RANK~ SANDRA A. G~LE HEWITT & O'NEIL LLP Aq?rORNEYS AT LAW 19900 MmARTBUR BOUL~VAIm, SLATE 1050 IRVlNE, CALIFORNtA 92612 (949) 798-0500 * (949) 798-0511 (F~X) EMAIL: cotmsel{~hewiRoneiL eom WRITER'S DIRF. Cr DIAL: (949) 798-0734 APR 1 8 2002 JOHN D. HUDSON STEV~ B. INgtOOF DENNIS D. O'N'EIL JAY F. PALCHIKOFF PAUL A. ROWE WILLIAM L. TWOMEY JOHN P. YEAGER April 17, 2002 Mr. Gary Thomhill Deputy City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Paloma del Sol Dear Mr. Thomhill: On behalf of Newland Communities ('2qewland"), I am asking for your assistance in initiating a "no fee application" to request the City Council to have Parcels 6 and 7 of Parcel Map 29431 in the Paloma del Sol (now known as Pasco del Sol) project released fi.om the hold previously included as Condition No. 7 of Specific Plan No. 219, Amendment No. 7. (I have attached a copy of that condition for your convenient reference.) The owners of the Corona Ranch located just easterly of Paloma del Sol across Butterfield Stage Road have objected to the City Council's approval of prior planning applications involving the Paloma del Sol project being developed by Newland. Despite evidence in the record to the contrary, the Coronas contend Newland is responsible for constructing a storm drain facility (Butterfield Stage Interceptor Channel) to mitigate storm water flows that accumulate on a portion of their, property during periods of heavy rainfall. The City has in the past approved Newland's planning applications for Paloma del Sol, but recognized the need for the County and the landowners included in Assessment District 159 to meet and work on implementing a plan to construct the Butterfield Stage Interceptor Channel. In an attempt to address the concerns raised by the Coronas and provide further incentives for Newland to continue in its efforts to resolve the Butterfield Interceptor Channel matter? the City Council at its November 16, 1999 meeting as part of the approval of Specific Plan 219, Amendment No. 7, placed a "hold" on issuing building permits for Parcels 6 and 7 of Parcel Map 29431. Even though Newland was advised by counsel there was no legal obligation to accept this limitation, and the City staff found no nexus between the Specific Plan 219, Amendment No. 7 entitlements and the condition, Newland acknowledged the need to show its good faith willingness to continue to work towards a resolution of dealing with storm 4/15/02 10019-00002 S:\152\CORR\02040004.LTR2.doc Mr. Gary Thornhill April 17, 2002 Page 2 water drainage in this area. Newland accepted this condition and offered the collateral of an "equity holding" on Parcels 6 and 7 of Parcel Map 29431. It was clearly the intent of the City and Newland as reflected in the City Council meeting minutes that this would be an interim condition. (Copies of the City Council November 16, 1999 minutes are attached.) The condition placing this "hold" allows the City Council to process a "no fee application" to allow issuance of the building permits for Parcels 6 and 7 when "significant improvements have occurred in the negotiations for a reasonable compromise." Since the imposition of this condition, numerous meetings have been held with the Coronas and the County to work towards a reasonable compromise. Most recently, the City Council appointed a subcommittee of Councilmembers Stone and Comerchero to look into the status. We believe they will affirm back to the full City Council the many actions taken and proposals submitted by Newland to address the drainage issue. The Butterfield Stage Interceptor Channel facility is an improvement described as an Assessment District No. 159 project. Many of the other AD 159 improvements, including the construction of Butterfield Stage Road, the widening of SR 79, the modifications to Temecula Creek and the installation and sizing of the associated drainage facilities have been built. AD 159 was able to construct these downstream facilities, but, unfortunately, did not build the Butterfield Stage Interceptor Channel which seems to have raised the storm water issue on a portion of the Corona Ranch. To date, the Coronas are apparently only willing to accept an alignment for the Butterfield Interceptor Channel at the most easterly portion of their Property outside of the boundary of AD 159. Newland does not object to this alignment, but the Coronas have failed to agree on a method of funding the Butterfield Stage Interceptor Channel at this location. Recently, the Coronas have filed a lawsuit naming the City and Newland as defendants and requesting a court to intervene in this dispute. Under the circumstances of the pending litigation, further negotiations cannot occur. You will recall, the Temecula City Council, on February 2, 1998, in approving Paloma del Sol Planning Application No. PA96-0258 (Vesting Tentative Tract Map 24182), added a Condition 40 requiring Newland to maintain a detention basin in an area entitled for 188 residential units. An interim detention basin has been constructed on approximately 20 acres of the southeast portion of Tract 24182 to satisfy this Condition 40. The detention basin must remain in place until such time as the Butterfield Intemeptor Channel or some other adequate facility is built to convey offsite storm flows to the Temecula Creek. This property has an estimated value of over $6 million. The City, therefore, has adequate protection against storm water flooding in this area until the Butterfield Stage Interceptor Channel or such equivalent facility is built. (A copy of Tentative Tract 24182, Condition 40 is attached.) It has been over two years since the hold was placed on Parcels 6 and 7 of Parcel Map 29431. For all of the reasons stated in prior correspondence between Newland and Newland's legal counsel on file with the City and because of the pending litigation, Newland respectfully requests the City Council set a public hearing to remove, or if applicable modify, Condition No. 7 of the Paloma del Sol Specific Plan Amendment No. 7. Newland has acted in good faith to work out a solution with the Coronas. The Coronas have failed to cooperate and 4/15/02 10019-00002 S:~ 152~CORR\02040004.LTR2.doc Mr. Gary Thomhill April 17, 2002 Page 3 instead are now seeking relief through the judicial process. Therefore, it is no longer reasonable, nor would it be legally justifiable, to continue to enforce the condition to withhold building permits for Parcels 6 and 7 of Parcel Map 29431. Please call Dean Meyer at Newland Communities if you need further information to support this request. Dean Meyer is in the Temecula office of Newland and can be reached at 694-5572. Very tuffy yours, Dennis D. O'Neil CC: Shawn Nelson Peter M. Thorson Jim Delhamer Martha Guy Dean Meyer Sam Alhadeff 4/15/02 1001940002 S:\152\CORR\02040004.LTR2.d oc ATTACHMENT NO. 8 EXCERPTS FROM THE CITY COUNCIL MINUTES FOR SPA NO. 7 OCTOBER t9, 1999 R:\S P A~.002102~299 PDS Conditions of Approval~Staff Repot[ CC1 doc 22 At 7:36 P.M.. the City Council recessed and convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:58 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARING 10 Planninq Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol} and Plannina Aoplication No. PA99-0283 (Development Aareement for the Villalles ~. Paseo del Sol - Community Shopping Center) RECOMMENDATION: 10.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and find that a subsequent EIR is not required; 10.2 Adopt a resolution entitled: RESOLUTION NO. 99~ A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPUCATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219) BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 10.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPUCATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219) AMENDING LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27, AND 36; AMENDING THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDING THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDING ALLOCATION OF ACREAGE WITHIN PLANNING AREA $ FROM 36.3 ACRES TO 34.3 ACRES; DIVIDING PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, HIGH DENSITY RESIDENTIAL, 9-12 DWELLING UNITS PER ACRE, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS} RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDING THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8 AND AMENDING THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES · RAMinutesH 01999 5 10.4 Introduce and reed by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES ~ PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREA I(A) & I(B) OF SPECIFIC PLAN NO. 219 AMENDMENT NO. 7 Deputy City Manager Thomhill reviewed the staff reports (as per written material), referencing a petition, submitted at the Planning Commission meeting, in opposition to the multi-family apartments that are part of the Specific Plan; advising that the multi-family areas were previously approved; and noting that the approval would actually reduce the density in the residential project areas by 82 units. Mr. Thomhill advised that Mr. Steve Corona had as well expressed issues of concern with regard to drainage and its Impacts on the Corona Ranch; that Newland Communities and staff has responded to the issues of concern and that it has been determined that there is no nexus to Newiand Communities and Corona Ranch as it relates to drainage. Mr. Thomhill noted that Mr. Corona has filed an appeal to the Planning Commission's approval and, therefore, staff recommends a continuance of the matter in order to thoroughly address the issues of concern with regard to drainage. Mr. Thomhill as well advised that staff has received written communication from Mr. Savala (property located north of the Corona property) in which he expressed similar drainage concerns as those noted by the Coronas. At this time, Mayor Ford opened the public hearing. Mr. Ban'y Bumell, T&B Planning Consultants, 3242 Halladay, #100, Santa Ana, representing Newland Communities and Paseo Partners, relayed concurrence with staff's recommendation for a continuance, Mr. Robert Krieger, 3602 University Avenue, Riverside, representing the owners of Corona Ranch, addressed the issue and highlighted the following; that the proposed project is located in an area that is curmntiy protected by an existing detention basin which wes constructed in the absence of completing what is referred to as the Butterfleld East Interceptor, that this Interceptor was part of a planned facility in Assessment District No. 159 but has not been built because of insufficient funds; that the Coronas are concerned with the potential flooding on their property in the event of a 100-year flood; that the existing detention basin was not a reasonably designed facility; that it was intended only as an interim measure; that the Butterfield East Interceptor, if properly designed and built, would eliminate the Coronas' flooding concerns; that the design and construction of such a facility would cost approximately $5 to $10 million; that a 10-year flood would exacerbate the Coronas' flooding concerns. R:\Minute$\101999 6 Ms. Michele Staples, 2100 SE Main Street, Suite 104, Irvine, referenced her detailed comment letter (copies provided to the Councilmembers) and noted the following: that as a result of development projects filling in the natural drainage channel and because of improvements to Butten~eld Stage Road in order to accommodate the new channel alignment, a flood hazard, that originally did not exist, was created on Corona Ranch; that specific mitigation measures were imposed on the project with regard to flood hazards; that of these measures, two have not been met: 1) EIR prohibits increased flood hazards to adjacent and downstream properties; and 2) EIR requires an in depth analysis of the Temecula Flood Plane; that Assessment District No. 159 consists of four property owners with the applicant being responsible for over 90% of the cost of the interceptor facility; that all approvals for the project to date have been based on the assumption that the interceptor channel would be constructed and that 11 years after project approval, the interceptor channel has not even been designed; that the City is required to enforce mitigation measures imposed on a project; that this approval be conditioned that any future approvals for this project be contingent on the construction of the interceptor. Mr. Allan Davis, developer, 5051 Avenida Encinas, Cadsbad, noted the following: that the project is 9/10 of a mile west to the Corona property and, therefore, there is no nexus to this issue of flooding; that the project be approved in a timely manner. Mr. Dennis O'Neil, 19900 MacArthur Boulevard, Iwine, representing Newiand Communities, addressed the issue, noting the following: that the Coronas' flooding concern has peen addressed at each Specific Plan amendment and that each time it has been determined that there is no nexus with regard to Paseo and Corona Ranch; that there is no obligation on Newland Communities to resolve the flood control problems; that Newland Communities has a responsibility to be assessed to pay for improvements but does not have the jurisdiction or authority over building the improvements; that the building is the responsibility of Assessment District No. 159. Mayor Ford requested that the involved parties and staff discuss the matter of the Assessment District funding the interceptor with Mayor Ford and Councilman Lindemans relaying a desire to be included in the discussions. R:~linutes~101999 7 MOTION: Councilman Lindamans moved to continue the matter to the November 9, 1999, City Council meeting. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 11 Development Agreement with Eli Lilly & Company - Approved Staff Recommendation ~5- 0-0~ JS/KL RECOMMENDATION: 11.1 Adopt the Negative Declaration for Planning Application No. PA99-0274; 11.2 Introduce and read by title only an ordinance: ORDINANCE NO. 99-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA~ CALIFORNIA~ APPROVING A DEVELOPMENT AGREEMENT BE'I~NEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND ELI ELLY AND COMPANY FOR PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND DRIVE (PLANNING APPLICATION NO. PA99-0274) By way of overheads, Deputy City Manager Thomhill reviewed the staff report (as per agenda material). Councilman Comerchero clarified that the City is not relinquishing control and that the ultimate decision on the use and zoning of the property will remain with the City. Deputy City Manager Thomhill concurred that any project would have to proceed with the EIR process in order to assess any potential impacts, Mayor Ford opened the public hearing. Mr. Samuel Stall, 43824 Barletta Street, representing Eli Lilly and Company, spoke in support of staff's recommendation. At this time, Mayor Ford closed the public hearing. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. The motion was seconded by councilman Lindemans and voice vote reflected unanimous approval. ~Z~Develcoment Aareement with Pala Rainbow LLC - Referred to the Plannina Commiseion" at~"'e'eedj.est possible date. (4-1-0, Mayor Pro Tem Stone in RECOMME~ R:~Minutes~.101999 8 NOVEMBER 9, 1999 PUBUC HEARING 12 Plannino Aooli~ation No. PA99-0~85 (Am9~dment No. 7 to Soecific Plan No. 219 - Paloma ~lf~l SoIL Planning] APplication NO. PA99-0283 (Develooment Aareement for the Villaue$ at Pe~eo del ~ - Community Sho~oina Center). Plannlno Ao~licaflon No. PAgg-0284 CDevelooment Plan - Aoneall and Plannina Application No. PAgg-0288 ;Tentative Parcel Map No, 2,9431 .Appeal) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 99-t04 A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL ANALYSIS 18 REQUIRED PURSUANT TO THE REQUIREMENTS OF THE CAEFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER REGARDING PLANNING APPUCATION NOS. PA994)~ (AMENDMENT NO. ? TO SPECIFIC PLAN NO. 2t9); PA99~2S3 (DEVELOPMENT AGREEMENT FOR THE VILLAGE8 AT PA~EO DEL SOL, COMMUNITY SHOPPING CENTER); PA99-02~4 {DEVELOPMENT PLAN) AND PA$$-0285 (TENTATIVE PARCEL MAP NO. 29431} 12.2 Read by title only and inlroduce an ordinance enlitlad: ORDINANCE NO. 99-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNINQ APPLICATION NO. {AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMEND8 LAND USES WITHIN PLANNING ARF. A~ 1, S, 8, 27 AND 36; AMEND8 THE ALIGNMENT AND CONRGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOW8 pARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNINQ AREA t FROM 32.3 ACRE8 TO 3~.0 ACRES; AMENDS THE Al. LOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO ACRES; DIVIDES PLANNING AREA $ INTO PLANNING AREA (22.3 ACRES, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA SB (t2 ACRES, VERY HIGH DENSITY RESIDENT[AL, 1~20 DUIAC, W~TH A MAXIMUM OF 240 UNIT6), RESULTING IN AN OVERAI.[ REDUCTION OF DWELLING UNIT8 FROM 590 TO AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNII"Y WITHIN PLANNING AREA I; AND AMENDS THE DESIGN GUIDEUNE8 TO INCORPORATE TIlE VILLAGE VlGNrZll,'-:~ AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUSJECT TO THE CONDITIONS OF APPROVAL ON RLE IN THE OFFICE OF THE CITY CLERK R:Xl~inutesH 10998 6 12.3 Read by title only and introduce an ordinance entitled ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS ¶(a) & l(b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. ? 12.4 Deny the appeal of Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); 12.5 Uphold the approval by the Planning Commission of= Planning Applicetion No. PA99- 0284 (Development Plan) and Planning Application No. PA9~.0286 (Tentative Parcel Map No. 29431); 12.6 Adopt a resolution entitled: RESOLUTION NO. 99-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND PLANNING APPLICATION NO. PA99-0286 (TENTATIVE PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL OF THESE PROJECTS BY THE PLANNING COMMISSION, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK Deputy City Manager Thornhill reviewed and clarified the detailed staff report (as per agenda materials); referenced staff's opinion that there is not a nexus between the Buttarfield Stage Road Interceptor Channel and the four cases before the City Council this evening; advised that the Channel was to be Constructed and funded through AD No. 159 and that Newland Communities has no Control over the timing of this process; commented on the bending capacity of the Assessment District; and noted that due the lateness in receiving Ms. Staples' fax, he has not had the opportunity to review the information (copies of which were provided to the Councilmembers). Mr. Thomhill relayed the Corona's concern that this project or any future project be approved without Newland Communities fulfilling its commitment to install the interceptor channel. Mr. Thornhill recommended denial of the appeal and approval of the remaining applications. City Attorney Thorson pointed out that because Mayor Ford does not own any properties within 2,500' of the subject site, because Mr. Ford's employer does not own any undeveloped property within the applicable 2,500' radius, and because of relationship of this project to AD No. 159, Mayor Ford may participate in the discussion and may vote with regard to this issue. In light of the lateness of some of these reports, City Attorney Thorson, for Mayor Pro Tem Stone, advised that staff's response to drainage issues on the appeal are summarized in the staff report; that the extensive Newland Communities submittal is summarized in a cover letteF, and that the fax from Ms. Staples is, in large, summarized on pages 1 and 2 of the proposal. R:~lnute$~l 10999 7 In response to Mayor Pro Tem Stone, Deputy Director of Public Works Parks advised that the construction of Butterfield Stage Road by AD No. 159 and the raising of It by one or two feet was built according to plans and specifications and that the two 120' pipes do not adequately mitigate the concerns of both two basins. Councilman Undemans referenced the May 28, 1988, (of record), particularly commenting, as per his interpretation, on the City's responsibility to ensure that the interceptor channel is constructed. By way of overheads, Mr. Barry Bumell, T&B Planning, 3242 Halladay, #100, Santa Aha, representing Newland Communities, reviewed the request; referenced and relayed his understanding of a letter dated May 26, 1988 (of record); and noted the following: · That the maximum bending capacity is $4.9 million; That, as requested by the Flood Control District, a drainage structure was designed to intercept a large amount of off. site storm runoff that approaches the project from the east; That AD No. 159 was formed in 1988 with its own Environmental Impact Report (EIR) processed through the County; that a supplemental District formed in 1991 at which time the Butte~eid Stage Road east interceptor channel was originally considered; That the assessment, at that time, was determined at $2.2 million in order to protect the 38 acres owned by the Coronas/Savalas; that the cost of such a facility escalated to $3.5 million (Alternative No. 1) which included a box culvert to protect future farming (38 acres); That the current proposal requests the protection of 202 acres, which encompasses the entire Corona, Savala, and Lumsdaine properties for $5.8 million; that this recent proposal cost has been increased to $6.2 million; That the conditions of approval for the Vail Meadows Specific Plan never intended the protection of 202 acres; · That the Assessment District was approved and the EIR was adopted prior to the approval of the Vail Meadows EIR; · That the Assessment District listed the 38 acres as undeveloped/unplanned lend and the 202 acres as agriculture land; That the constru~on of Butterfield Stage Road created an impact on approximately 5 to 6 acres of the Corona propartT; that such construction did not create flooding to the east of the Assessment District;, that the interceptor channel was intended to mitigate concerns with regard to the 5 to 6 acres; That the area to the east of the Assessment District (140 acres) has historically flooded. Mr. Rich Robato, representing Newiand Communities, further ctadfied the location and hydrology of the two existing basins and advised that the two 120" pipes were installed by Nelwand Communities to assist with the water flow for Basin No. 2; and that Newiand R:~Minutes~110999 8 Communities has been assessed 82% of Basin No. 1. In dosing, Mr. Robato noted that the Assessment Distdct has failed to fulfill its function. Ms. Michelle Staples, 2100 SE Main Street, Suite 104, Irvine, representing the Coronas, reviewed the request; referenced and relayed her understanding of a letter dated May 28, 1988 (of record); commented on the Coronas' compromise (as per taxed material) which would allow the Home Depot project to proceed; and noted the following: That a new flood hazard has been created at the commercial corner (79 South) as a result of the new building in and developing on the natural channel; That the City has never relieved the developer of the condition (as per the May 26, 1988, letter) to construct a permanent facility prior to development of the downstream areas; That it is a legal responsibility of this developer to construct a permanent facility; that any approval should be based on the construction of an interceptor channel before the issuance of development permits; · That the lateness of her taxed letter was as a result of waiting for information from the County, which was not received; · That the project cost of approximately $6.2 million (Alternative No. 3) does include the underground interceptor and the open channel to the east; That although only 5 to 6 acres of the Corona property are impacted as a result of the construction of Buttedield Stage Road, in order to construct facilities In a manner which will allow the Coronas to continue their currant and future land uses of ~he property without f~rther severance damages to them, the facility which was constructed in the middle of their property must be buded by 4'; it was suggested that a smaller facility be constructed in its place and that a larger facility be constructed to the east; Councilman Lindemans suggested that, in order to meet with the County and the developer, the matter be continued to the November 16, 1999, City Council meeting, Ms. Staples noted her concurrence with a continuance. Mr. Allan Davis, Del Sol Investment, Carisbad, requested that the City Council take action as recommended by City staff. Mr. Sam Alhadeff, representing Newland Communities, 27555 Ynez Road, Suite 203, referenced and quoted City Condition No.27 on Map No. 24182, as follows: an inte/fm deten#on basin has been constructed on the southern portion of Phase IV anti the final phase of Tentative Tract No. 24182; the existing detention basin or an equivalent facility should remain in place unb'l such time that upstream drainage facilities are constructed to convey off-site storm flows to an adequate outlet; any revision to the existing detention basin and appurlenant drainage facilities should be approved by the City. Further addressing the matter before the City Council, Mr. Alhadeff noted the following: · That there is no nexus to the Corona properly and Home Depot; · That there would be no objection to including Condition No. 27 (as noted above) with the approval of Home Depot. R:~linutes~110999 9 That the appeal be denied and that the remaining issues be approved with the imposition of Condition No. 27. Ms. Staples noted her opposition to the approval of Home Depot as well as any other approval under Specific Plan No. 219 without the imposition of a condition requiring the construction of the interceptor channel. She supported the approval of the Home Depot project contingent upon withholding building permits for Newland Communities. Mr. Bob Kdeger, representing the Coronas, further commented on Alternative No. 3 (submitted to the County); addressed the water flow; the 2 120" pipes installed for Basin No. 2; and the construction of a facility upstream on the easterly portion of the Corona property. By way of overheads, Mr. Sam Alhadeff reiterated his request that the City Council deny the appeal due to lack of nexus and approve the project. At 10:05 P.M., the public hearing was closed and a recess was taken. The Council reconvened at 10:14 P.M. In light of this evening's discussion, Councilman Comerchero noted that the noted drainage issues will obviously not be resolved today and, therefore, suggested the following: · That the Home Depot project be approved; That all building permits for Map No. 24182 with the exception of Phases I and 2 be withheld until this issue is resolved orthe matter is addressed by the City Council in a public hearing. City Attorney Thorson introduced and read by title only Ordinance No. 99-28 and Ordinance No. 99-29. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation with amending the Specific Plan as it relates to Home Depot as follows: that Mayor Ford and Councilman Lindemans continue to serve on the subcommittee that is to meet with the proponents and opponents in an effort to create a reasonable compromise; that the City will have the ability to withhold approval of building permits within Tract No. 24182, with the exception of Phases 1 and 2, as identified by Deputy City Manager Thomhill; that once a reasonable compromise has been negotiated, the matter would be addressed at a City Council public heedng; and that the subcommiffea will report to the City Council at its November 16, 1999, City Council meeting. The motion wes seconded by Councilman Lindemans and voice vote reflected unanimous approval. For Ms, Staples, it was noted that Phases 3 and 4 of Tract No, 24182 would withhold approximately 400+ building permits. R:~Minutes[110999 10 NOVEMBER t6, 1999 RESOLUTION NO. 99-111 OF THE CITY COUNCIL OF THE CITY OF VACATING A PORTION OF NORTH FROM MARGARITA ROAD TO Director of Public Works Hughes Mr. Peter Sterling, 2398 San Diego requesting that the City Council Kearny Road (a portion I overview No. 3334.) (per agenda material.) with .staff recommendation, the portion of North General At this time public headng. Pro Tem Stone moved to approve staff seconded the motion and voice vote reflected unanimous approval. 16 Oral Reoort from Subcommittee, Second Reading of Ordinance No. 99-28 (Soecific Plan No. 219} and Ordinance No. 99-29 (Development AQmement) - Home De?_nt Pmiect (located north of State Hiclhwav 79 South, south of Montele~lro Way, east of Martqarit~ Road, and west of Meadows Parkway RECOMMENDATION: 16.1 Receive an oral report by Subcommittee Members Mayor Ford and Councilmember Lindemans; 16.2 Adopt an ordinance entitled: R:~Minutes~l 11699 9 ORDINANCE NO. 99-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BE'I'~VEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DNIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DUIAC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELUNG UNITS FROM 590 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 16.3 Adopt an ordinance entitled: ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS I(A) & I(B) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. ? MOTION: Mayor Pro Tern Stone moved to approve the Second Reading of Ordinance No. 98- 28 (Specific Plan no. 219) and Ordinance No. 99-29 (Development Agreament.) Councilman Roberts seconded the motion and voice vote reflected unanimous approval. With respect to the dispute between the Corona Ranch properties and Newland Communities, Mayor Ford relayed that although there had been discussions, at this point in time no final agreement had been reached. Ms. Michele Staples, attorney for the Corona Ranch properties, specified the issues of dispute; relayed that the Corona family did not oppose the Second Reading of the Ordinances; and thanked Mayor Ford, and Councilman Lindemans for their assiduous efforts spent over the weekend, working with the parties in an attempt to reach an agreement. R:~Minutes~l 11699 10 Councilman Lindemans relayed that the Council had previously placed a hold on 218 lots in Tract 24182-3, and 4, associated with this project; noted that due to this property currently being in escrow, Newland Communities had offered in its stead, Parcels 6 and 7, consisting of 508 multi-family units, requesting that there be a substitution of the parcels being held; end recommended that due to the situation, that the parcels be substituted. Mr. Alhadeff, representing Paseo Del Sol/Newland Communities, relayed gratitude to Mayor Ford and Councilman Undemans for their time and consideration in affempting to aid the parties in the dispute; relayed that although there was no mandated requirement, Newland Communities had agreed to place a hold on the aforementioned properties in an attempt to be amenable with respect to seffiing the dispute; noted the specifications of the existing Development Agreement; reiterated Councilman Lindemans' recommendation to substitute the held parcels; in response to Mayor Ford's comments, relayed assurance that if the City Council approved the proposed substitution of parcels, that there would be continued efforts to attempt to come to a resolution with the Corena Ranch properties; for Mayor Pro Tem Stone, specified that if the Council did not approve the substitution of holdings, that the property owner would not be able to sell the property; and noted that there was, additionally, a risk of a lawsuit, Ms. Staples relayed that the Corona family opposed the proposal to substitute the property holdings, providing the rationale for the opposition; and specified that the Brown Act regulations would prohibit a ruling on the matter at this time due to this meeting being a Special meeting. City Attorney Thorson offered the following clarification: 1) noted that this was not a Special meeting, but an adjourned regular meeting, 2) relayed that lhe Agenda did specifically reference the project; 3) provided additional information regarding the Development Agreement; and 4) specified the Council's purview with respect to the releasing of the property hold at this time, and in the futura, if requested. For Councilman Undemans, Deputy City Manager Thornhill clarified that the rationale for the Condition restricting the parcels was to ensure that there would be attempts to resolve the issues of dispute; and relayed that the holding may not have been placed on the property if Newland Communities had not been agreeable. MOTION: Councilman Lindemans moved to have the City, hereby, release the 218 lots in Tract 24182-3 and 4, as described in the Conditions of Approval, approved by the City Council on November 9, 1999, and substitute, in its place, Planning areas 6A and 6B of Parcel Map 29431, Parcels 6, and 7, consisting of 508 multi-family units. Councilman Comerchero seconded the motion. (This motion ultimately passed; sea page 12.) In response to Mayor Pro Tern Stone's querying, Ms. Staples relayed that her client would request a week's time to consider the new proposal. Mayor Ford specified the location of the originally held properties, and the properties proposed to be substituted; advised that since Newland Communities had offered the collateral on good faith at the time, and due to the substitution proposal still maintaining an equitable holding, which would continue to encourage efforts to reach a settlement, recommended that the substitution proposal be approved. Recognizing the unusual circumstances of the matter, Councilman Comerchero reiterated that Newiand Communities had offered the parcels currently being held; noted that at the time of R:U~inutes~l 11699 11 approval, the Council was not aware of the fact that the parcels were in escr~, ar~ recommended that the Council approve the substitution of the parcels. After further consideration of the matter, Ms. Staples relayed that the Corona family had no objection to the proposal to substitute the parcels. At this time voice vote was taken reflecting unanimous approval. In light of the time the Council that had devoted to the discussions, Mayor Ford implored the parties in dispute to make efforts to come to a resolution. For informational purposes, Councilman Lindemans relayed that after much deliberation, Newland Communities was willing to post a $3.5 million bond, noting the efforts to cooperate in reaching a resolution. GST Fiber Optics and file a report regarding GST Telecom fiber optics. By way Director of Public Works Hughes presented the staff record) as an item per the City Council'~ request; specified the the telecommunication facilities installation; noted GST had made I the City would be monitoring and for Councilmar that solely the area within the Commercial would have the installation po until January 3, 2000, (after the holiday season.) Mr. Joe Fen'ill, representing applicant would be willing to, addit~onalJ 2000 if that was the desire of the ; minimum of two lanes of travel be c that GST would adhere to all of the traffic Works, and the Council. relayed Comerchero, that the area until January 3, request that a installation, provided assurance dictated by the Department of Public For Councilman Roberts, Director of I required cash deposits, or bond that the applicant would be or any other utilities, ~ity would not be liable f ~gh there were no permit specifies property, private property, aforementioned damage. City Attomey Thorson ~ requirement, notin, that the encroachment permit was ) of an insurance City would be made an additional insured. In response to~ Roberts' concams with respect to adept flagmen, ro'~ closure guidelines, ~ d telephone cables, Mr. Ferrill reiterated that GST would sti=l~ly adhere to the ~c~uidE provided by the City; noted that if necessary, the flagrnen would"~ ~,!~m~ , City's specifications; and clarified the issue of the cut GTE cable ii.he Vlurriet. ,ciated with their project, relaying that GTE had taken responsibility foi~l/~e and noted that GST would take every precaution to prevent the severing of utility line~ R:~linutes[111699 12 ATTACHMENT NO. 9 EXCERPTS FROM THE PLANNING COMMISSION MINUTES FOR VTTM 24'182 R:IS P At2002102~299 PDS Conditions of Approval\Staff Reporl CC1 doc 25 February 2. 1998 Pfi~.il~Engineer Parks briefly referenced the additionally recommended condition as_..~ques~d by the Pu~s Department (that the vehicular movement for the intem~nez Road and Rancho Highla~N-ddv.~will be restricted to right in/right out/le~LJn-upO~the completion of the MOTIONing and to approve staff's ~~--*'~r:tgL~d by the Public Works Departm 'ce vote of those PLANNING APPLICATION NOS. PA98-0258 fREviRl=r~ VESTING TRACT MPA 24182 AND PA98-0259 (REVISED VESTING TENTATIVE TRACT MAP) Planning Commission consideration of a revision to Vesting Tentative Tract Map Nos. 24182 and 24183. It is recommended that the Planning Commission make a Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified and findings that a subsequent EIR Is not required; and to adopt Resolution No. 98-003. RESOLUTION NO. 98.003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPUCATION NOS. PA96-07.58 AND PA96-0259 (REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 24182 AND 24183, RESPECTIVELY) LOCATED GENERALLY NORTH WEST OF THE INTERSECTION OF BU I I r. RFIELD STAGE ROAD AND HIGHWAY 79 (S), WITHIN THE PALOMA DEL SOL SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 950-002-013, -020, -02t, -022, -023, -024, AND -025. Project Planner De Gange presented the staff report (of reconJ) and recommended that the following verbiage be deleted from recommended condition nos. 21 g and 21 h: ... that the improvements shall be conslructed prior to occupancy. Mr. Tim Day, 22690 Cactus Avenue, Moreno Valley, representing the applicant, concurred with the staff report as well as the recommended conditions of approval. MOTION: Commissioner Slaven moved to close the public hearing and to approve sta~"s recommendation. The motion was seconded by Commissioner Guerriero and voice vote of those present reflected unanimous approval (Commissioner Soltysiak absent). ATTACHMENT NO. 10 LETTER FROM HEWITT & O'NEIL DATED JULY 1, 2002 DEAN DUNN-RANKIN SANDKA A. GALLE WILLIAM E. HALLE ANDREW K. HARTZELL HUGH HEWlI~ LAWRENCE J. HILTON HEWITT & O'NEIL LLP ATTORNEYS AT LAW 19900 M^cAR'rm~R BOULEVAP. D, SUITE 1050 IRVrNE, CALIFOKNIA 92612 (949) 798-0500 · (949) 798-0511 (FAX) EMAIL: counsel ~hewitloneil.eom WRITER'S DIRECT DIAL: (949) 7984}734 EMA1L: doneilt~hcwiRoneil.com DENNIS D. OWEIL JAY F. PALCHIKOFF PAUL A. ROWE JOHN p. YEAGER AMY W. LAP. KIN July 1, 2002 Honorable Ron Roberts City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Paloma del Sol Dear Mayor Roberts and Members of the City Council: On behalf of Newland Communities ("Newland"), I am submitting this letter in support of Newland's request that the City Council release Parcels 6 and 7 of Parcel Map 29431 in the Paloma del Sol project from the hold previously placed on these parcels and included as Condition No. 7 of Specific Plan No. 219, Amendment No. 7. (Copies of the condition and the minutes of the November 16, 1999 City Council meeting are attached.) We believe it was the intent of the City as reflected in the City Council meeting minutes that this condition was imposed as additional incentive for Newland to continue to work on a plan to resolve storm water drainage issues. At the time, Newland was advised by counsel there was no legal obligation to accept this limitation, and the City staff found no nexus between the Specific Plan219, Amendment No. 7 entitlements and the condition. Nevertheless, Newland acknowledged the need to show its good faith willingness to continue to work towards a resolution of the problems associated with storm water drainage in this area and accepted the condition. The Butterfield Stage Interceptor Channel facility is an improvement described in Assessment District No. 159 as a facility designed to collect storm waters to the east and upstream from the Paloma del Sol project. Many of the other AD 159 improvements, including the construction of Butterfield Stage Road, the widening of SR 79 and the installation and sizing of the associated drainage facilities have been built. AD 159 was able to construct these downstream facilities, but, unfortunately, did not build the Butterfield Stage Interceptor Channel prior to construction of Butterfield Stage Road to divert storm waters flowing fi.om the east into Temecula Creek. 7/2/02 10019-00002 H&O: #324 v3 Honorable Ron Roberts July 1, 2002 Page 2 The original location of the Butterfield Stage Interceptor was planned to be built adjacent to Butterfield Stage Road on the Corona property. To date, the Coronas are only willing to accept an alignment for the Butterfield Interceptor Channel at the most easterly portion of their property outside of the boundary of AD 159 which would drain all 160 acres of their land. Newland does not object to this alignment, but the Coronas have failed to agree on a method of funding the additional cost of the Butterfield Stage Interceptor Channel at this location. Recently, the Coronas have filed a lawsuit naming the City and Newland as defendants and requesting a court to intervene in this dispute. Under the circumstances of the pending litigation, further negotiations have ceased. The Temecula City Council, on February 2, 1998, in approving Paloma del Sol Planning Application No. PA96-0258 (Vesting Tentative Tract Map24182), added a Condition 40 requiring Newland to maintain a detention basin in an area entitled for 188 residential units. An interim detention basin has been constructed on approximately 20 acres of the southeast portion of Tract 24182 to satisfy this Condition 40. The detention basin or an equivalent facility must remain in place until such time that upstream drainage facilities are constructed to convey offsite storm flows to an adequate outlet. Newland is therefore satisfying its obligation to deal with any storm water coming onto their property from the east, and the City has adequate protection against storm water flooding in this area. (A copy of Tentative Tract 24182, Condition 40 is attached.) It has been over two and a half years since the hold was placed on Parcels 6 and 7 of Parcel Map 29431. Newland has acted in good faith to meet and confer on many occasions to work out a solution. Condition No. 7 states the Butterfield Interceptor Channel must be built or significant improvements have occurred in the negotiations for a reasonable compromise before building permits for Parcels 6 and 7 of Parcel Map No. 29431 will be issued. The Coronas have failed to cooperate and instead are now seeking relief through the judicial process. "Significant improvements" in the negotiations for a reasonable compromise have therefore been thwarted and through no fault of Newland cannot occur. It is no longer reasonable, nor would it be legally justifiable, to continue to enforce the condition to withhold building permits for Parcels 6 and 7 of Parcel Map 29431. Newland Communities respectfully requests the City Council to remove this condition from Specific Plan No. 219, Amendment No. 7 and reinstate Newland's property rights as vested in the Paloma del Sol Development Agreement. Very truly yours, Dermis D. O'Neil CC: Shawn Nelson Peter M. Thorson Dean Meyer 7/2/02 10019-00002 H&O: #324 v3 CONDITION NO. 7 OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7 7/2/02 10019-00002 H&O: #324 v3 EXHIBIT A CITY OF TEt~ECULA CONDITIONS OF APPROVAl. Revi.~ed by the City Council, JVovember Pl~nnlng ApFllc~fion No. PA9~--0285 - Epecific Plan Amendment No. 7 Project Descripflon: Approval PLANNING DIVISION To amend ~Cpeciflc Plan No. 219 (Falcma del Sol) es follows: land uses within PI.arming Areas 1,6 and 8; the realignment and reconfigur~-tion of CamF.~nul-- Way between De Porlola Read o'-nd Meadows Parkway, the rselloc.~tJon of acrcage within Planning Ares 1 from 32.3 ~'cres to 35.0 acres; the re~llocalion of acreage within I=lenning Area 6 from $6;3 to $4.3 acres; the dlvlsJon of Planning Area 6 inlo Pl~nr, ing Ar~a 6A (22.$ ~cres, high den-~ity residential, 9-12 dwelling units per acre, with a m~imum of 268 dwelling units) ~nd Pl---nning Are~ ~B (12 acres, very hlgh density ~esldential, '13- 20 dulac, with a maximum of 2,40 dwelling units), resulting in an overall reduction of units from ~gO to 508 dwellings; the provision to develop an ~cfive, pHwte, gated senior community within Planning Ar~a 8 that includes a private recreation area; a--nd an update of Specific Plan Design Guidelines lhat incorpor~.te the village vignettes and the senior amenities. November 16, 1~99 General Requirements The applicant end owner of the real properly subject to this condition shall hereby agree to indemnify, protecl, hold harrr, less, ~=nd defend w[lh Legal Coun.~el of the City's own selection, the City shell be de~med for purpcse~ of this condition, to include any agency or instrum~nt~.lity thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, leg~.l counsel, ~nd ~=gents from ~-ny and -'-II claims, adions, ~.wards, judgemE nls, or proceedings against the City fo attack, set aside, void, annul, seek monetary d--"mages resulting, directly or indi~eclly, from any ~dion in furlherance of end the ~pprovel of the City, or any agency or instrument~-lity thereof, advisory agenCy, ~ppcal board or legislative body including actions apploved by the voters of the City, concerning the Plr-nning Application. City shall promptly notif7 the both the applicant and landov;,ner of any c!eim, action, or proceeding lo which this condition is applicable and shall fudher cooperate fully in the defen.¢e of the action. The City ~eserves its right, to take any end ell ~ctionthe City deems to be in the best interest of the City ~nd ils clti~ens in reg.~rds to such defense. The ~pplicent shell comply with all unded.ving Conditions of App~o','al for Specific Plan No. 219 end ii-, ~mendments unlez~ superceded by these Conditions of Approval. The tax1 of Amendment No. 7 to ~pecific P!sn No. 219 shall conform with Exhibit No. lB, "Paloma del Sol Specific Plan, Amendment No. 7' dated October 11, 1999, or as amended by these conditions. The text of Amendment No. 7 to Specific Plan No~ 219 Zoning Standards shall conform with Exhibit No. 2A, "Paloma del Sol Specific Plan Zone Ordinance, Amendment No. 7" dated October 11, l~?g, or es amended by these condition,,. VVithin Thirty (30) Days From the Second Re,ding of the Ordinance Approving the Amendment The appllcent shell submit the emended ~pecific Pl-~n text to the Community Development DeFanment- Planning Division, in accord,-mce with Conditions of Approval ' end wit~ requirements by the City Council. 6. The ~.pplicent shall conect or modify the following: Page IV-85 b.2) a): The lest sealer, ce shall read: "A minimum of 10% of the net acreage et the Home Depot site shall be landscaped." Remove all references to the Maior end Minor Commercial Entry and Shopping Center Identification sign~, which shall be included in the Vill~ges Design M~nual, ~ubmitled for review ~nd ~pprev~l by ~he Pl~nnin9 M~r,~er prior to the i~=uan~ of pe~il~. Prfor 1o i~zuence of building pe[mil~ for P--tcel Map No. 2~431, Parcels 6 --nd 7 {Planning At--as 6A '-nd o The Eutfe~eld St~£e Interceptor ullimete improvements ~hall be built, or the City Counc~7, following e public hear;ag, deterrn, ine~ that slonificent imJsrOvernents have occurred in the negotiel;on$ for a nse~oneble comprom/~e, a't which time the Council has --uthoffty to L,~ue building pe~rr, it~ for Parcel M--p No. 2~o431, F--rcel~ 6 end 7 (Plennlng ~ma~ 6A end 6B), coati, tiao. of 50~ multi-family units. The City ghell pmce~s the request fora public hearing, if needed, es a 'no fee' appfication. (Amended by the City Council, November 9, 1~9g end modified by the City Council November 16, 1999). By piecing my signelure below, I confirm that I hove reed, underst.~nd end accept all the e. bove Condiiions of Approval. I furlher unders!and that the properly shall be meint=ined in conformance with these conditions of approval and that -~ny chen..aes I may wish to rn~ke to the project shall be subject to Community Development Deparlmenl approval. Applicant Signature MINUTES OF REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 16, 1999 7/2/02 10019-00002 H&O: #324 v3 November 16, 1999 Regulhr Meeting of the Temecula City Council Home This is Ternecula City Services Inside Cil). Hall Recreation '. Help City Council Minutes -----..__ []Back fo CI Council Minutes Maln Index Pa e .. Page 1 of 10-~- MINUTES OF AN ADJOURNED REGULAR MEETING "------' OF THE TEMECULA CITY COUNCIL NOVEMBER 16, 1999 The City of Temecuta City Councl~ convened In an adjoum~l regular meeting at 7:04 P.M., on Tuesday, November 16, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula. ROLL CALL · Present: Councilmembers: Comerchero, Llndemans, Roberts, alone, ar)d Ford. . Absent: Councilmember: None. PRELUDE MUSIC The prelude music was p[ovided byAaron Breld. iNVOCATION The invocation wes given by Youth Pastor sco'tt Treadway Of Rancho Communlt~ Cl~umh. ALLEGIANCE The audience ~aS led In the Flag.~alute Mayer'Pr6 Tern $tone~ PRESENTATIONS/PRocLAMATioNs . National FamllyWeek'. ' ' ' Mayor Ford proclaimed ~ovember 21-27 to be deslgnated as National F§mlly Weel~. On behalf of all the families in the City of Te~necula0 Ms. Denise Oma accepted the award, noting that It would be placed on display at the Library.. ·. Certificate of Appreciatl;Sn t0 Al Crisp and Larry Markham Presenting Permit Engineer Crisp with a Cedificate.of Appreclafion, Mayor Ford relayed the City's gratitude for Mr2 Al Crisp's dedicaled service, aiding the City in establishing a foundation for the Public Works Land..,~evelopment Division wilh h!s ex~ensive engineering background. Mayor Ford presented Mr. Larry'Markham with ~ Cedificate of Apprec[at~on f or h~s three years serving as a Public/Traffic Safety Commissioner, noting tfiat the City had greaUy benefited from his invaluable service. For informational purposes, Mayor Ford relayed the success of the recent Race for the Cure Event which was held in the City ' of Temecula for the purpose of raising monies for breast cancer research; holed Ihe inspiring feats of various handicapped pedlcip~nts in the race; and displayed lhe crystal plate thai was presenled to the City denoting the 1999 Temecula Race for the Cure Event. PUBLIC COMMENTS Ms. Maryann Edwards, representing the Assistance League of the Temecula Valley, relayed the various activities of the organization, inclusive of the provision of clothing for children; thanked the City for their generous support; invited the public 1o the 2nd Annual Holiday fundraiser, scheduled to be hetd on Sunday, November 21, 1999 from 4:00 P.M. lo 7:00 P.M. at the Castaway's Thr[f~ Shop located at 28720 Via Montezuma, Temecela; and commended Councilman Lindemans, end Mayor Ford for their dedication to the City, es Councilmen. The following individuals relayed lheir support of the proposed permanent Community Theatre: Ms. Bobbi Boas, representing the Theatre Foundation, 27740 Jefferson Avenue November 16, 1999 Regular Meeting of the Temecula city Council No. 33340 Al this time Mayor Ford closed the public hearing. MOTION; Mayor Pro Tern Stone moved lo approve staff recommendation. Councilman Lindemans seconded the motion and voice vote reflected unanimous approva. COUNCIL BUSINESS Page 7 of 102~2 16 Oral Report from Subcommiffee, Second Reading of Ordinance No. 99-28 (Specific Plan No. 219) and Ordinance No. 99~29 (Development Agreement) - Home Depot Project (Iocaled north of State Highway 79 South, south of Montelegro Way, east of Margarita Road, an.d west of Meadows Parkway RECOMMENDATION: ; 16.1 Receive an oral repeal by Subcommltfee Members Mayor Ford and C0uncilmember ',' Lindemans; 16.2 Adopt an ordinance entitled: ORDINANCE NO. 99-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUL~ APPROVING PLANNING APPLICATION NO. PA99- 0285 (.ad'g E NDME NT NO. ? TO SPECIRC PLAN NO. 219}, WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMEN~ AND CONFIGURATIO MF-ADOWS PARt~VAy; AMENDS THE AU. A'n N OF CAMPANULA WAy BETWEEN DE PORTOLA AN · OC__ON OF ACRe-AGE WITHIN PLIB~NING AREA ¶ FROM 32.3 ACREDS ACRES, AMENDS THE ALLOCATION OF keRF_AGE WITHIN PI-~NNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; ANOVERALLREDU 3']0 ' ~ ' UU/Ac, WITH A MAXIMUM OF 240 UNiTS C N OF DWELUNG UNITS FROM 590 30 508" ), RESULTING N · , AMENDS THE TF-.XI' TO PROVIDE FOR THE' DEVELOI=MENT OF A SENIOR COMMUNITY WITHIN. PLANNING AREA 9; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIa NETI'ES AND SENIOR AMENITIES;BASED UPON THE ANAlYsiS AND FINDINGS CONTAINED IN THE STAFF Itl[PORT SUBJECT '1'O THE COND~nONS OF ARPROVAL ON FILE IN 'rile OFFICE OF THE CiTY CLERK .., 16.3 Adopt an ordinance entitled: , ..... ' ORDINANCE NO. 99-29 . .. ·" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'TEMECUL~ APPROVING t'HAl' cEa'I'~J N DEVELOPMENI AGREEMENT ENTITLED VILLAGES AT FASEO DEL ~O.L DEVELOPMEi~ AGREEMENT, PLANNING AREAS 1ia) & l{b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7 MOTION: Mayor Pro Tern Stone moved Io approve the Second Reading of Ordinance No. 98-28 (Specific Plan no. 219) and Ordinance No. 99-29 (De~'elopmenl Agreement.) Councilman Roberts seconded the motion and voice vote reflected unanimous approval. With respect to the dispute between the Corona Ranch propert es and Newfand Communities, Mayor Ford relayed that although there had been discussions, at th'~s point in'time no final agreement had been reached. Ms. Michele Staples, attomeyfor the Corona ~'nch properties, specified the issues of dispute; relayed that the Corona family did riel oppose the Second Reading of the Ordinances; and thanked Mayor Ford, and Councilman Lindemans for their assiduous efforls spent over the weekend, working with the parties in an at~empt to reach an agreement. Councilman Lindemans relayed that the Council had previously placed a hold on 218 lots in Tract 24182-3, and associated with this project; noted that due to this properly currently being in escrow, Newland Communities had offered in its stead, Parcels 6 and 7, consisting of 508 multi-family units, requesting that there be a substitution of the parcels being held; and recommended that due 1o the situalioa, that the parcels be subslituted. Mr. Athadefl, representing Paseo Del Sol/Newland Communities, relayed gralitude to Mayor Ford and Councilman Lindemans for their lime and consideralion in atlempting to aid the parlies in the dispute; relayed that although there was no mandated requirement, NevHand Communitles had agreed to place a hold on the aforementioned properlies in an atlempt 1o be amenable with respecl 1o setltlng the dispute; noted the specifications of the existing Development Agreement; reiteraled Councilman Lindemans' recommendation to substitute the held parcels; in response to Mayor Ford's Commenls, relayed assurance that if the City Council approved the proposed http://www.ci.temecula ca.u?Jclfxhnlllrn;,~,,~o.t~ cmnx~-: ............ November 16, 1999 Regular Meeting of the Temecula Cit~ Council Page $ of 1{~---'.-- ., substitution of parcels', that lhere would be continued effofls to e~lempt to come 1o a resolution with the Corona - Ran.ch properties; for Mayor Pro Tern Stone, specified thai if the Council did not approve the substitution of holdings, that the property owner would not be able to sell the property;, and noted that there was, additionally, a .. risk of a lawsult. . Ms. Staples relayed that the Corona fam~ opposed Ihe proposal to substitute the properly holdings, providing the rationale for the opposition; and specified thal the Brow~ Act regulations would prohibit a ruling on the maffer at this time due lo this meeting being a Special meeting. City Attorney Thorson offered the follov~ng clarification: 1) noted that this was not a Special meeting, but an .~djourned regular meeting, 2) relayed that the Agenda did specifically reference !he project; ,3.) provided additional ~nformat~on regarding the Development Agreement; and 4} specified the Council s purview w~th respect lo the releasing of the properly hold at this time, and in the.fulure, if requested. For Councilman Lindemans, Deputy City Manager Thomh~l clarified that the rationale for the Condition restricting the parcels was to ensure that there would be affempts tO resolve the issues of dispute; and relayed that the h..olding may not have been placed on the properly if.Newland Commun!ties had not been agreeable. -MOTION: Councilman Llndemans moved to have the City, hereby, release the 218 lots in Tract 24182-3 and 4, as described in the Conditions of Approval, ~pproved bythe City Council on. November 9, 1999, and substitute, In Its place, Planning areas 6A and 6B of Parc'el Map 29431,' Parcels 6, and 7, consisting of 508 multi-family unite. Councilman Comerchero seconded the motion. (This motion Ultimately passed; see,page 12.) In response Io Mayor Pro'Tern Slone's qt~er~ng, Ms. Staples relayed that her client would request a week's time to consider the new proposal. Mayor Ford specified the Io(~aiion of the originally held propedies, and the properties prop.0sed to be sulsstituted; advised that since Newland Communities had offered the collateral on good faith at the time,, and'due to the substitution proposal'still maintaining an ecjuilable holding, Which would continue Io encourage efforts to reach a settlement recommended that the substitution prop0sa be appr?ed Recognizing the'unusual clr6umsta'nces of the mati.r ~n'~,,-~,~;~',. t'. .... ' · ~ommunmes nao onereo.me parcels c.urrently being field; noted that at the'llme of ap roval,.th · ' ' aware of the fact that the b~rcels Were ~n ~scr,~w' ~,~a .,~,~-.--'-- ....... -- .. P. e Councd was not the parcels · -. . ..... , -,.,~ ..-.~u.!menoeq mar the L;ouncll approve the substitution of After furlher consfderatlon of the metier, Ms~ Staples i-elaye'd that the Corona tardily had no objection to the proposal to substitute the parcels. ' At this time voice vole Was taken reflecting unanim~ous approval. In lighl of the lime the Council that had devoted to the discussions, Mayor Ford implored the padi~s in dispute to make efforts to come to a resolution. For informational purposes, Councilman llndemans relayed that after much deliberation, Newland Communities was willing to post a $3.5 million bond' noting t~e efforts to cooperate in reaching a resolution. 17 GST Fiber Optics RECOMMENDATION: 17.1 Receive and file a reporl re.carding GST Telecom fiber optics. By way of overhead maps, Director of. Public Works Hughes presented the staff report (of record) as an ~nformational ilem per the City Council's and City Manager Nelson's reouesl; specified the location of the telecommunication facilities ~nslallat[on; noled the concessions GST ha~ made to mitigate the traffic impacts associated with the project; relayed thai the City would be monitoring the inslallation project; and for Councilman Comerchero, advised Ihat solely the area within/he Commercial District would have the inslallation postponed until January 3, 2000, (after the holiday season.) http://www ci temecula.ca Ug/~itvhntllm;n.t~ell O001~:~,.*~.r~ '~, ~ ~,t-,, . CONDITION NO. 40 OF TENTATIVE TRACT MAP NO. 24182 7/2/02 10019-00002 H&O: #324 v3 CITY OF TEMECULA ' CONDITIONS OF APPROVAL Pl~nnlng Appllcadon No. PA96.0258 fVest;ng Tentative Tract Map No. 24182. Revised} ' Project D. ascription: -. A-'sessor*a Parcel No.: Ap. pro'vel Date= Exphat~on Date: PLANNING DEPARTMENT General l~equh ernents TT~rae protect cons~=ta'of a revised Veat~ng Tenta~ve . ' ct Map No. 24182 (the subdlvls;on of 124.35 acres with;n crest{ny 562 =;ny1e family resldent/al Io~ and 31 op~ space 1o~)- P~oma. dM Various F~ms~ 2, 1998 To be dete~mlned by the Dev~opment ~9reement The tentative subdlvls;on shall comply with the State of California Subdivision Map Acl and to al/the requhements of Ordinance No. 460, unless modified by the conditions listed below~ A time extension may be .~pproved in accordance with the Slate Map AEt and City Ordinance, Upon written request, if made 30 days prior to the exp,;aden dale. . The developerlappllcan! shall indemnify, Protect, defend, and. hold harmless, the City and any agency or ~nstrumen~al~ty thereof, and/or any of its officers, employees and agents from any and '~ll claims, actions, or proceEd~ngs, against the City, or any agency or [nstrumentallty thereof, or any of ks officers~ employees and agents, to allaclc, set aside, vd~d, annul, or ~eek monetary damages resulting from an approval of 1he City, or any agency or ;nstrumenta/ity thereof, advlae~y agency, appeal board or leg~slatlve body including actlons approved by the voters of the City, concerning Planning Appllcat~on No. PA95-0258 IVesdng Tentative Trac[ Map NO. 24182- Revised.) which action ~s brought within the appropriate statule of limitations period and Public Resources Code, Division' 13. Chapter 4 ISectJon 21000~t -~en., - includlng bul not by the way of llmital~ons Section 21152 ~nd 21167}. City shall promptly notify the developer/applicant of any clalm, action, or proceeding brought within this t~me perlod. City shall further co. opegate fully in the defense of the action. Should the City fa~l lo e[lher promptJy hotify or cooperate fully, developer/applicant shall not, thereafter be respons?ble to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of ils officers, employees, or agents. If subdlv~s~on phasing ~s proposed, the spPl~canl shall submit a phasing plan to the Planning Manager for approval. ~gu4U/UU7 ') 35. :36. 37. 38. Conservation D~str~ct is required for work w~thln their R~ght-of-Wa¥. 32. All utility systems ~ncludlng gas, electric, t'elephone, water, sewer, and cable TV shall · be prav~ded for underground, With easements provided as required, and designed and constructed in accordance wlth C~ty (2odes and.the uUllt¥ provlder. Telephone, cable - TV. and/or aecurit¥ Syslama shall be Pra-wlred in the 33. The Developer shall not~fy the {;~ty's eobI* "' · . ~ =/v Franchises of the In~ent 1o Develop. Condu~t shall be installed to cable TV Standards at time of street ~mprovements. .. 34. Bus bays will be provided at all ex~stlng and future bus stops as determined by the Riverside Transit Authority and a's approved by the' Department of Public Works. Pedestrian access with s~d~walks shall.be ~rov[ded ' street 'G'- G' t'o the adjacent public ,';tract. from the 'cul-de-sac termlnu$ of This development must enler ;nfo an agreement with the Clt~ for a "Tr~p Reductlon ' Plan' in accordance with Ordinance No. Easements t'or s~dawall<s for public u's~s ahall be d~d;cated to the City where -';da'walks meander th?ugh private property.. Easements, when required for roadway slopes, landscape easements, dr.'~nage fac;litles, utilities; etc., shall be shown on the final map. j.f..t.hey are located wlthln the land divls;on boundary..All offers of dedication and conveyances'shall'be submitted for rev;aw and reccrdeci'as, directed by the Department of Public Works. On-site drainage fac;I;tles located out~lde of read rlght-of-wa¥ ~hall be.contalned w~thin drainage easements and shown on the final map. A note shall be added to the final map a~at;ng "dr~;na.ee ~s'~ments ~he/l l~a kept flea · of bu~/din£$ and obstructions. 39. If pheslng of the map for cOnSlructlon |s. proposed, legal all-,weather access as ' re~l.uired by Ordinance 460 shall be provided from the tract I~oundary 1o a paved Cit~ mamtalned road. 40. .An ;n'~erlm detention basin has bean constructed on the eouthern portion of Phase 5 and the Final Phase of Tentative Tract 24182.-Th~ Cx~st~ng detentlon bes~n.or an equlva~ent facility shall rarna n ~n place until ,.~k .. . . ..... . . ~,,-- -me that upstream drainage . ~ac~,!~es ,~re construcled to convey of~s~te storm flows to an adequate outlet. Any revisions tO the ex,sting detention b~s~n and a~purtenant drainage facl]ifies shall be · approved by the City. .. · Prior to I-'-.'~uance of Grading Perm]ts 41. As deemed nece.~sary by the Department of P~bllc Wod<s, the Developer ahall recalve written clearance fi.om.th? following agencies: · San Diego Regional Water Quality Control Beard ') ITEM 19 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CiTY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager~' July 9, 2002 City Alcohol Regulations PREPARED BY: Don Hazen, Principal Planner RECOMMENDATION: Receive and file BACKGROUND: This is an overview of the City's current regulations pertaining to new businesses selling alcohol products. Recently, a local health food market (Health Zone, aka Sprouts) relocated to the mall "Power Centeff, purchased a new beer/wine license, and sold their existing beer/wine license to a market planning to locate at the Health Zone's former location. Several City Council members asked staff to explain how it was possible for a new market to sell alcohol, since the basis for approving the Health Zone license was that they would sell a unique organic product not offered elsewhere in the City. State and local ordinances require "Findings of Public Convenience and Necessity" to be made for all new alcohol licenses. The Planning Commission has historically made those findings for the City and did approve them for the original Health Zone. The file clearly states that the primary basis for approving the Findings of Public Convenience and Necessity findings was that the market would sell a unique organic product not offered elsewhere in the City. When the new market bought the Health Zone beer/wine license, the State Alcoholic and Beverage Control (ABC) agency informed the City that new findings of FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY were not necessary, and that State law prohibited the City from denying the new user his right to exercise his license. While it is not certain what the outcome would have been, it is fair to conclude that a new Planning Commission hearing would have been justified from the City's perspective. In order to avoid future similar occurrences, staff has taken the following steps as provided in the Development Code: In addition to requiring FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY findings, all new businesses offering alcohol will need to obtain a Conditional Use Permit - except bona fide restaurants (Code Section 17.08.050G). This will allow the City to narrowly define the scope of the business and/or the basis for approving the alcohol license, and therefore binds all subsequent businesses to meeting the same conditions (or they must request a new CUP hearing). The conditions of the CUP will also protect the local interests in spite of RSHazend~BCreport doc the State laws governing person-to-person transfers. Staff recently discovered that notices of impending license transfers and new alcohol applications from ABC were not being sent to the Planning Department. This has now been corrected and staff will be able to better monitor alcohol business activity in the City. Planning staff recently met with ABC staff to receive background information to help us better implement our own ordinances and understand the State administrative procedures for granting alcohol licenses. FISCAL IMPACT: N/A ATTACHMENT: None R:\H~zend~BCrepori.doc 2