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HomeMy WebLinkAbout101210 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk(951)694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 12, 2010— 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. -' Closed Session of the City Council/Temecula Redevelopment Agency pursuant'to,Government Code Section: . 1) Conference with City Attorney pursuant to Government:Code Section 54956.9(a)" with respect to one matter of, litigation to which the Citris a defendant The title of the /litigation is "In the Matter of the Application of SOUTHERN - CALIFORNIA EDISON COMPANY (U338E)"•for a Permit to Construct Electrical Facilities With Voltages Between 50kV and 200k: Triton Substation Project. With respect such :matter,:the City Council will also meet pursuant to°Government Code:Section54956.9(c)to decide whetherto initiate litigation. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one,matter of pending litigation to which the City is a plaintiff. The title of the litigation,is City of Temecula, et. al. v. Tovey/Shultz Construction, Inc., , et.` aL, Riverside County Superior:. ,Court, .Case No RIC 541908, (Old:;Town 'Community Theater construction litigation). ' 3) , Conference withjCity Attorney pursuant'to'Government'Code Section 54956.9(a). with respect to one matter of pending litigation to which the ,City is the plaintiff. The title of the litigation is City of Temecula, v. Pechanga:Bandlof Luiseno Indians,•; `"et. -a!, .United States District Court,-.Central° District Of California Eastern Division, Case No CV 10-0378. . : . . Public Information"concerning existing litigation.between the City and various parties` ,may be acquired by reviewin'g.the public documents held.by the City Clerk. • r''- Next in Order: Ordinance: 10-13 Resolution: 10-70 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Joshua Jurkosky Invocation: Pastor Tony Foster of True Vine Pentecostal Church 1 Flag Salute: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Colonial Heritage Month Proclamation Red Ribbon Week Proclamation The Gas Company's Safety Tips Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of September 28, 2010. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of August 31, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2010. 5 Caltrans Multi-Jurisdictional Transportation Planning Grant RECOMMENDATION: 5.1 Increase estimated General Fund Grant Revenue by $248, 200; 5.2 Appropriate $248,200 from the General Fund Grant Revenue to the Planning Department; 5.3 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMUNITY BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 6 Fourth Amendment to the Agreement with AAE, Inc. for the design of the Temecula Park and Ride, Project No. PW06-09 RECOMMENDATION: 6.1 Approve the Fourth Amendment to the agreement between the City of Temecula and AAE, Inc. for additional design services in the amount of$9,110 for the Temecula Park and Ride, Project No. PW06-09. 3 7 Approval of a Professional Services Agreement for Citywide Pavement Rehabilitation — FY 2010-11, Project No. PW10-05 RECOMMENDATION: 7.1 Approve the Professional Services Agreement with Harris & Associates in an amount not to exceed $298,937 for the preparation and development of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation — FY 2010-11, Project No. PW10-05; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of$29,893.70, which is equal to 10% of the agreement amount. 8 TEAM Community Pantry License Agreement RECOMMENDATION: 8.1 Approve the License Agreement between the City of Temecula and TEAM Evangelical Assistance Ministries of Rancho-Temecula, a California non-profit corporation DBA TEAM Community Pantry for use of City Real Property; 8.2 Approve the First Amendment to "License Agreement between the City of Temecula and TEAM Evangelical Assistance Ministries of Rancho-Temecula, a California non-profit corporation DBA TEAM Community Pantry for Use of City Real Property", for the interim facility. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 10-01 Resolution: No. CSD 10-05 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 9 Action Minutes RECOMMENDATION: 9.1 Approve the action minutes of September 28, 2010. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, October 26, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 5 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 10-01 Resolution: No. RDA 10-11 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of September 28, 2010. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, October 26, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 6 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 11 Amendment of the California Building Codes RECOMMENDATION: 11.1 Set the public hearing for consideration of the Building Code Ordinance for November 9, 2010 and direct the City Clerk to publish notice as required by law; 11.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2010 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 CALIFORNIA REFERENCED STANDARDS CODE, 2010 CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 12 Amendment of the California Fire Code RECOMMENDATION: 12.1 Set the public hearing for consideration of the Fire Code Ordinance for November 9, 2010 and direct the City Clerk to publish notice as required by law; 12.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2009 INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES 7 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, October 26, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports)will be available for viewing at the Main Reception at City Hall (43200 Business Park Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time,the packet may as well be accessed on the City's website—www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula—8:00—5:00 PM). In addition,such material will be made available on the City's web—www.citvoftemecula.orq—and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department— 8 PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, the National Society of the Colonial Dames, XVII Century was organized by Miss Florence Taney during the meeting of the International Congress of the Panama Exposition in San Francisco in 1915, and WHEREAS, the National Society of the Colonial Dames, XVII Century is sponsoring Colonial Heritage month in October 2010; and WHEREAS, the goal of the Society is to aid in the preservation of the records and historic sites of our country, to foster interest in historical colonial research; to aid in the education of youth; to maintain zealously those high principles of virtue, courage and patriotism; to maintain a Library of Hearldry and more, and WHEREAS, in 1981 the Valley of the Mist Chapter, Colonial Dames XVII Century was organized. NOW, THEREFORE, 1, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim the month of October, 2010, to be "Colonial Heritage Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twelfth day of October, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the Temecula Valley Young Marines is observing Red Ribbon Week October 23`d through 31st; and WHEREAS, Red Ribbon Week is dedicated in of honor of Special Agent Enrique "Kiki" Camarena, and The Young Marines theme is "leading a Happy, Healthy drug free lifestyle; and WHEREAS, accordingto the Drug Enforcement Administration (DEA), 30,567 persons were arrested in 2009 that is 1,829 more than 2005 on drug related charges; and WHEREAS, drugs are brought in from other countries, as well as produced in the United States; and WHEREAS, last year in California, 397,565.8 kgs. of illegal drugs were seized that is a 195,985.8kgs more than 2005; and WHEREAS, in 2009, there were 33,808 alcohol related motor vehicle accidents; and WHEREAS, to honor Special Agent Enrique "Kiki" Camarena, The Temecula Valley Young Marines will be handing out "Red Ribbons" and spreading the word to help remove illegal drugs for our country; and WHEREAS, Special Agent Enrique "Kiki" Camarena lived his life determined to make a difference. In his death his mission lives on; and WHEREAS, each year, millions of Americans celebrate Red Ribbon Week to remember Kiki and to take a stand against illegal drugs. NOW, THEREFORE, I, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim October 23`d through October 31st, 2010 to be "Red Ribbon Week" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twelfth day of October, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 28, 2010 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Section 64966.9(b) 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 and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 64966.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Cassidy and Kevin Hsieh Invocation: Pastor Dave Hadden of House of Praise Flag Salute: Council Member Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero Absent: Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Cameron Clossick Temecula Valley Historical Society Presentation Western Riverside Energy Leadership Partnership (WRELP) Presentation e[aMMMM11xrzyn1 PUBLIC COMMENTS The following individuals addressed the City Council: • Fred Bart - Temecula • Jimmy Moore -Temecula • Chuck Rear -Temecula CITY COUNCIL REPORTS CONSENT CALENDAR Save Our Southwest Hills — Walkin' Rally Cal State University of San Marcos — Osher Program Water waste and segregated trash Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 2.1 Approve the action minutes of September 14, 2010. 3 List of Demands - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A e[aMMMM11xrzyn1 4 Financial Statements for the Fiscal Year Ended June 30, 2010 - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2010; 4.2 Approve a Fiscal Year 2009-10 budget reallocation of $1,387,137 for programs financed from Measure A and reimbursable to the General Fund - Public Works, and budget these programs directly from the Measure A fund and also make this change effective for Fiscal Year 2010-11 operating budget; 4.3 Approve a transfer of $150,000 from Police Department line item budget to Fire Department budget; 4.4 Approve a transfer of $20,000 from Planning Department line item budget to City Manager budget; 4.5 Approve an appropriation of $41,000 in AB 3229 COPS Fund line item Expenditure Budget, and an increase of $41,000 in AB 3229 COPS Fund Revenue Budget. 5 Authorization to execute the Supplemental Agreement for the use of Community Development Block Grant Funds for Fiscal Year 2010-2011 - Approved Staff Recommendation (3-0-1-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Edwards who abstained and Council Member Roberts who was absent. RECOMMENDATION: 5.1 Execute the Supplemental Agreement for the use of Community Development Block Grant Funds for Fiscal Year 2010-2011. Council Member Edwards is the paid President and Chief Executive Officer of the Boys and Girls Club located near Old Town that will be part of the Old Town Gymnasium Project. The Boys and Girls Club is a 501 (c)(3) tax exempt charitable organization. Since taking this employment position she has not been involved in any City actions concerning the Old Town Gymnasium and will not participate in Item No. 5 that would approve the CDBG Agreements for the Old Town Gymnasium. With Council Member Edwards abstention, the Agreement for the Old Town Gymnasium is legally valid and binding on the City. e[aMMMM11xrzyn1 6 Edward Byrne Memorial Justice Assistance Grant Funding - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 6.1 Increase estimated General Fund Grant Revenue by $23,055; 6.2 Appropriate $23,055 from General Fund Grant Revenue to the Police Department. 7 Purchase of Four Honda Police Motorcycles - Approved Staff Recommendation (4-0- 1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 7.1 Approve the purchase of four Honda Police Motorcycles for a total amount of $79,264. 8 Amendment to the City's Proposition 1 B Spending Plan, Budget Transfer, and Contract Change Order to Facilitate the Santiago Road Rehabilitation and Restriping - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 8.1 Approve an amendment to the City's Proposition 1 B Spending Plan for FY 2008- 09 to include Santiago Road as part of the Jedediah Smith Road Reconstruction Project; 8.2 Approve a transfer of $180,000 from the Citywide Slurry Seal Project, Roripaugh Estates Area (PW09-06) to the Jedediah Smith Road Reconstruction Project (PW09-10) to cover the cost of the added work Contract Change Order and anticipated additional administration costs; 8.3 Approve CCO No. 4 in the amount of $158,785 adding the Santiago Road rehabilitation and restriping to the Jedediah Smith Road Reconstruction Project, Project No. PW09-10. e[aMMMM11xrzyn1 9 Expanded Parking Plan - Santiago Road - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 9.1 Adopt a resolution entitled RESOLUTION NO. 10- 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PARKING RESTRICTION ON THE NORTH SIDE OF SANTIAGO ROAD FROM YNEZ ROAD TO 350 FEET WEST OF "C" STREET, MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS AS SHOWN IN EXHIBIT "A" At 7:29 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:34 P.M., the City Council resumed with regular business. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated that there was no action to report. ADJOURNMENT At 7:34 P.M., the City Council meeting was formally adjourned to Tuesday, October 12, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] e[aMMMM11xrzyn1 Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 12, 2010 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,040,596.88. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of October, 2010. Jeff Comerchero, Mayor r_T40r:61n Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of October, 2010, by the following vote: F-Ayd:.�Ko1l1►[MIN diIAdi1:l4:63 NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 09/23/2010 TOTAL CHECK RUN 09/30/2010 TOTAL CHECK RUN 09/30/2010 TOTAL PAYROLL RUN: $ 646,737.60 974,298.38 419,560.90 TOTAL LIST OF DEMANDS FOR 10/12/2010 COUNCIL MEETING: $ 2,040,596.88 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 380,415.92 130 RECOVERY ACT JAG FUNDING 24.58 165 AFFORDABLE HOUSING 141,506.62 170 MEASURE A FUND 140,874.03 190 TEMECULA COMMUNITY SERVICES DISTRICT 206,814.70 192 TCSD SERVICE LEVEL B 121.02 194 TCSD SERVICE LEVEL D 835.80 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,554.54 197 TEMECULA LIBRARY FUND 3,172.36 210 CAPITAL IMPROVEMENT PROJECTS FUND 503,064.10 280 REDEVELOPMENT AGENCY - CIP PROJECT 57,827.63 300 INSURANCE FUND 28,258.36 320 INFORMATION SYSTEMS 99,066.65 330 SUPPORT SERVICES 9,995.28 340 FACILITIES 22,660.74 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,263.07 460 CFD 88-12 DEBT SERVICE FUND 240.00 477 CFD- RORIPAUGH 8,712.69 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 196.65 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 194.78 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 394.42 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 9.47 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 458.82 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 40.47 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 420.79 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,680.10 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 155.56 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 393.69 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 4.89 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 416.14 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 25.05 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 14.62 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 225.00 516 SERVICE LEVEL"C"ZONE 16 TRADEIN NDS 29.33 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.47 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 108.55 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 156.86 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 157.64 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,951.99 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 516.96 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.00 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 672.10 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,339.65 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.05 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 667.57 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 269.58 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 115.69 $ 1,621,035.98 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 244,859.59 165 AFFORDABLE HOUSING 10,715.38 190 TEMECULA COMMUNITY SERVICES DISTRICT 105,615.48 192 TCSD SERVICE LEVEL B 140.88 194 TCSD SERVICE LEVEL D 1,310.15 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 913.25 197 TEMECULA LIBRARY FUND 458.75 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,467.26 300 INSURANCE FUND 1,523.94 320 INFORMATION SYSTEMS 24,977.83 330 SUPPORT SERVICES 5,263.26 340 FACILITIES 8,186.27 375 SUMMER YOUTH EMPLOYMENT PROGRAM 6,733.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 88.29 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 58.90 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 69.93 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.91 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 142.26 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 25.63 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 36.67 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 241.42 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.94 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.66 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.75 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 160.93 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 34.41 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 20.04 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.11 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 40.16 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.33 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 149.06 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 80.00 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 216.43 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 365.71 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.75 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.56 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 205.95 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 66.21 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.87 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.56 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 303.71 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.86 419,560.90 TOTAL BY FUND: $ 2,040,596.88 apChkLst 09/23/2010 5:36:38PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1555 09/17/2010 006685 STEWART TITLE OF CALIF, INC FTHB loan: Self, Benjamin & Stacy 48,000.00 48,000.00 140952 09/23/2010 013367 ACTIVE MICRO INC misc tools/equipt: PW Traffic 162.39 162.39 140953 09/23/2010 005068 ADKISSON, CANDICE add'I rfrshmnts:high hopes 9/17/10 99.18 99.18 140954 09/23/2010 006915 ALLIE'S PARTY EQUIPMENT equip rental:hot summer nights 131.97 equip rental:hot summer nights 110.78 242.75 140955 09/23/2010 009767 ALTA LOMA CHARTER INC TRANSPORTATION WAVE 2,827.92 2,827.92 WATERPARK 8/5 140956 09/23/2010 004240 AMERICAN FORENSIC NURSES Jul stand by fee: Police 1,248.00 (AFN) Aug stand by fee: Police 1,248.00 Sept stand by fee: Police 1,248.00 Oct stand by fee: Police 1,248.00 DUI & drug screenings: Police 1,109.16 DUI & drug screenings: Police 933.76 DUI & drug screenings: Police 616.20 DUI & drug screenings: Police 410.80 DUI & drug screenings: Police 410.80 DUI & drug screenings: Police 369.72 DUI & drug screenings: Police 205.40 DUI & drug screenings: Police 162.74 9,210.58 140957 09/23/2010 001323 ARROM EAD WATER INC BOTTLEDVVTR SVC: CITY FACILITIES 1,067.43 1,067.43 140958 09/23/2010 003466 BASKETS & BALLOONS TOO! city promotional baskets:eco dev 195.75 195.75 140959 09/23/2010 004040 BIG FOOT GRAPHICS TCSD instructor earnings 616.00 TCSD instructor earnings 490.00 1,106.00 140960 09/23/2010 013380 BIRTH, BREASTFEEDING & TCSD Instructor Earnings 31.50 31.50 BEYOND 140961 09/23/2010 009082 C B C TECHNICAL INC misc electrical supplies: Theater 176.18 176.18 140962 09/23/2010 000154 C S M F O 10/11 AOB application fee 100.00 100.00 140963 09/23/2010 003138 CAL MAT PW patch truck materials 417.10 PW patch truck materials 307.20 PW patch truck materials 272.81 PW patch truck materials 146.70 1,143.81 Page:1 apChkLst 09/23/2010 5:36:38PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140964 09/23/2010 007488 CALIPER CORPORATION Transcad software: Info Sys 1,038.53 1,038.53 140965 09/23/2010 013469 CALTEC CORP Aug const: TCC expansion 101,875.68 retention release PWO6-05: TCC 9,775.91 111,651.59 140966 09/23/2010 004228 CAMERON WELDING SUPPLY Helium refill: balloons for FIT 5k/10k 62.97 Helium tanks rental/refill:TCSD 47.92 110.89 140967 09/23/2010 000131 CARL WARREN&COMPANY Aug liability claims mgmt:finance 1,869.30 1,869.30 INC 140968 09/23/2010 009640 CERTIFION CORPORATION Aug database subscr: police 150.00 150.00 140969 09/23/2010 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,359.63 1,359.63 140970 09/23/2010 000442 COMPUTER ALERT SYSTEMS Jul-Sept alarm svc:parking structure 165.00 Oct-Dec alarm svc:parking structure 165.00 330.00 140971 09/23/2010 013286 CONN EXON TELECOM INC Aug 911 routing svc: citywide 320.00 320.00 140972 09/23/2010 001264 COSTCO WHOLESALE misc su ppli es: M erc art sh ow 9/3 286.95 286.95 140973 09/23/2010 013379 COUSSOU, CELINE TCSD Instructor Earnings 274.40 TCSD Instructor Earnings 186.20 460.60 140974 09/23/2010 013560 CROWN BUILDING MAINT CO Aug janitorial svcs:city facilities 4,077.02 4,077.02 INC 140975 09/23/2010 003962 DAVID N EAU LT ASSOCIATES AUG LANDSCAPE INSP SVC:WINl79 N 7,690.30 7,690.30 INC 140976 09/23/2010 003945 DIAMOND ENVIRONMENTAL environmental svcs: MPSC 300.00 SRVCS environmental cleaning svc: PBSP 280.00 environmental svcs: CRC 95.00 Sept restroom svc:GOHS 52.88 Sept restroom svc:Redhawk pk 52.88 Sept restroom svc:Vail Ranch pk 52.88 Sept restroom svc:Lng Cyn park 52.88 Sept restroom svc:Veterans park 52.88 Sept restroom svc:Riverton park 52.88 992.28 Page2 apChkLst Final Check List Page: 3 09/23/2010 5:36:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140977 09/23/2010 004192 DOWNS COMMERCIAL Fuel for City vehicles: TCSD 1,482.47 FUELING INC Fuel for City vehicles: PW Maint 803.99 Fuel for City vehicles: Code Enf/Pln 400.73 Fuel for Cityvehicles: PW Traffic 227.79 Fuel for Cityvehicles: B&S 209.21 Fuel for Cityvehicles: PW C IP 157.88 Fuel for Cityvehicles: PW Lnd Dv 108.67 Fuel for Cityvehicles: Police 61.13 3,451.87 140978 09/23/2010 002390 EASTERN MUNICIPAL WATER Aug 95366-02 Diego Dr Ldscp 212.47 212.47 DIST 140979 09/23/2010 011203 ENVIRONMENTAL CLEANING Septjanitorial svcs: parksites 5,315.00 5,315.00 140980 09/23/2010 013735 ESECURITYTOGO, LLC technology frevralls:civic center 11,942.18 11,942.18 140981 09/23/2010 001056 EXCEL LANDSCAPE mainline repairs:vail ranch 780.42 irrigation repairs:rancho highlands 582.72 irrigation repairs:haweston slopes 522.03 mainline repair:redhawk medians 264.45 mainline repairs:redhawk medians 193.96 landscape maint:winchester creek 151.80 IRRIGATION REPAIRS: VILLAGES 102.12 mainline repair:serena hills slopes 89.28 2,686.78 140982 09/23/2010 000165 FEDERAL EXPRESS INC 8/16-23 city express mail services 83.76 83.76 140983 09/23/2010 001511 HELDMAN ROLAPP & FINANCIAL SRVCS: RORIPAUGH CFD 319.00 319.00 ASSOCIATES 03-02 140984 09/23/2010 011922 FIRSTAMERICAN CORELOGIC Aug database subscr:Code Enf 72.00 72.00 INC 140985 09/23/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 8/27 &9/10 52.50 52.50 140986 09/23/2010 007866 G C S SUPPLIES INC toner cartridges: info sys 911.88 911.88 140987 09/23/2010 010326 G E MOBILE WATER, INC Sept washer maint: Stn 73 211.43 211.43 140988 09/23/2010 001937 GALLS INC uniforms: Police Volunteers 16.00 16.00 140989 09/23/2010 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 9/11 394.50 394.50 Pages apChkLst Final Check List Page: 4 09/23/2010 5:36:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140990 09/23/2010 011351 GBA MASTER SERIES, INC. gbaMS'10 cf:San Diego JR/TR 250.00 250.00 140991 09/23/2010 003792 GRAINGER maint supplies: Stn 84 155.23 155.23 140992 09/23/2010 006250 HAZ MAT TRANS INC dry rot inspection:TCC Expansion 1,250.00 1,250.00 140993 09/23/2010 004811 HEWLETT PACKARD ProCurve Gigabit: Info Sys 1,290.51 1,290.51 140994 09/23/2010 011827 HOCTOR, DANIEL Yth Traffic Safety:Anaheim 9/10-12 378.00 378.00 140995 09/23/2010 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY 22.75 22.75 INC 140996 09/23/2010 008358 JAGUSCH, M.D., CHRISTIAN R. AED medical review: paramedics 4,500.00 4,500.00 140997 09/23/2010 012295 JAMESON MANAGEMENT INC Garage Door Repair: Stn 73 201.00 201.00 140998 09/23/2010 013741 JOEY LANZA PAINTING Res Impry Prgm: Lorenz 2,650.00 2,650.00 140999 09/23/2010 002531 KA TY FM RADIO radio ads:hot summer nights 828.75 828.75 141000 09/23/2010 000820 K R W & ASSOCIATES Aug eng plan ck svc:PW Lnd Dv 1,485.00 1,485.00 141001 09/23/2010 013797 LA JOLLA BOOKING AGENCY The Four Preps performance 9/10/10 2,194.88 sttlmnt: Surfn' Safaris 9/11 756.00 2,950.88 141002 09/23/2010 012065 LANCE, SOLL & LUNGHARD '10 yr end city audit rpt: Finance 17,049.00 LLC 10 yr end single audit: Finance 1,953.00 19,002.00 141003 09/23/2010 004176 LEVEL 3 COMMUNICATIONS Sep Long distance & internet svcs 741.00 741.00 LLC 141004 09/23/2010 003726 LIFE ASSIST INC medical supplies: Paramedics 474.27 474.27 141005 09/23/2010 013769 LIGHTSQUARED LP Aug satellite phone svc:CM/Fire 146.84 146.84 141006 09/23/2010 008610 M C R STAMPS E nterta in m ent: h igh hopes pgrm 9/17 25.00 25.00 141007 09/23/2010 003782 MAIN STREET SIGNS Misc signs:PW Maint 234.90 234.90 Page:4 apChkLst Final Check List Page: 5 09/23/2010 5:36:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141008 09/23/2010 004141 MAINTEX INC Cleaning & maint supplies:ch/foc 189.08 189.08 141009 09/23/2010 009541 MEYER AND ASSOCIATES JUL CONSULTING SRVCS: BARN 1,602.50 1,602.50 RELOCATION 141010 09/23/2010 012580 MINUTEMAN PRESS Business cards: Bea Barnett 45.37 45.37 141011 09/23/2010 013724 MITCHELL CONSTRUCTION Res Impry Prgm: Garzon 1,600.00 1,600.00 141012 09/23/2010 010990 MOORE IACOFANO GOLTSMAN JUL-AUG YOUTH MASTER PLAN: CSD 552.66 552.66 INC 141013 09/23/2010 001986 MUZAK-SOUTHERN Oct media broadcasting signal: FOC 103.66 CALIFORNIA Oct satellite music old town 69.11 172.77 141014 09/23/2010 002925 NAPA AUTO PARTS Auto parts & supplies: Sta 84 4.56 4.56 141015 09/23/2010 000727 NATIONAL FIRE PROTECTION 12/1/10-11/30/11 mbrshp:E.VVgIe 150.00 150.00 ASSN 141016 09/23/2010 013319 NEW TAN GRAM LLC FURNITURE& INSTALL: CIVIC CENTER 144,295.14 MASTER KEY XX266:CIVIC CENTER 14.14 MASTER KEY XX286:CIVIC CENTER 14.14 144,323.42 141017 09/23/2010 002139 NORTH COUNTYTIMES Aug newspaper subscr:MPSC 28.60 28.60 141018 09/23/2010 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd old town stn 520.38 DIV Office supplies:childrens museum 57.69 Misc office supplies:pd old town stn 21.32 Misc office supplies:pd mall stn 17.66 Misc office supplies:pd old town stn 15.53 632.58 141019 09/23/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Land Dev 36.57 City Vehicle Maint Svcs:PW Land Dev 36.57 City Vehicle Maint Svcs:PW Maint 36.57 City Vehicle Maint Svcs:PW NPDES 36.57 City Vehicle Maint Svcs:PW CIP 359.48 505.76 141020 09/23/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 167.30 167.30 141021 09/23/2010 001171 ORIENTAL TRADING COMPANY Recreation supplies:classes & activities 73.95 INC Recreation supplies:C. Museum 22.51 96.46 Pages apChkLst Final Check List Page: 6 09/23/2010 5:36:38PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141022 09/23/2010 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Earnings 867.30 TCSD Instructor Earnings 708.98 TCSD Instructor Earnings 308.00 TCSD Instructor Earnings 231.00 TCSD Instructor Earnings 165.20 2,280.48 141023 09/23/2010 000249 PETTY CASH Petty Cash Reimbursement 747.95 747.95 141024 09/23/2010 010338 POOL & ELECTRICAL Var pool supplies:Aquatics prgm 236.14 PRODUCTS INC Fountain supplies:town square 154.36 Fountain supplies:town square 59.53 450.03 141025 09/23/2010 008024 QUARTERMASTER INC UNIFORM PATCHES: POLICE MOTOR 399.44 399.44 UNIT 141026 09/23/2010 010281 RAINBOW RACING SYSTEM racing bibs: F.I.T.51<110k 241.25 241.25 INC 141027 09/23/2010 000262 RANCHO CALIF WATER Sep var water metem:tcsd svc lev C 12,859.13 DISTRICT Aug var water meters:41951 moraga 1,194.23 Aug prkg garage Idscp:mercedes st 244.09 Aug var water meters:calle elenita Idscp 93.15 Aug fire sprinklers:mercedes st 15.10 14,405.70 141028 09/23/2010 000947 RANCHO REPROGRAPHICS REPRODUCTION SRVCS:TRAFFIC 81.56 81.56 SGNL INSTALL 141029 09/23/2010 000907 RANCHO TEMECULA CAR Aug vehicle detailing swcs:var City 147.00 147.00 WASH 141030 09/23/2010 000271 RBF CONSULTING PROFESSIONAL ENGINEERING 173,067.49 173,067.49 SERVICES: PW 141031 09/23/2010 004584 REGENCY LIGHTING Electrical supplies:cityfac's 388.89 Electrical supplies: various park sites 362.11 Electrical su ppli es:th eater 54.09 805.09 141032 09/23/2010 002110 RENTAL SERVICE Rental of tools & maint:pw maint 19.51 19.51 CORPORATION 141033 09/23/2010 004498 REPUBLIC INTELLIGENT Aug tmff sgnl repair &maint:PW Traffic 1,182.00 1,182.00 141034 09/23/2010 000352 RIVERSIDE CO ASSESSOR Aug assessor maps: b&s dept. 6.00 6.00 141035 09/23/2010 000353 RIVERSIDE CO AU DITOR Aug10 parking citation asmnts 6,438.50 6,438.50 Pages apChkLst 09/23/2010 5:36:38PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 09/23/2010 141036 09/23/2010 001592 RIVERSIDE CO INFO 013387 SWEEPING UNLIMITED INC 141046 TECHNOLOGY 141037 09/23/2010 008515 SAM DE FAZIOS GOODTIME SRVCS BAND 141038 09/23/2010 009213 SHERRY BERRY MUSIC 141039 09/23/2010 009746 SIGNS BYTOMORROW 141040 09/23/2010 000697 SISTER CITIES INTERNATIONAL 141041 09/23/2010 000645 SMART & FINAL INC 141042 09/23/2010 000537 SOCALIFEDISON 141043 09/23/2010 001212 SO CALIF GAS COMPANY 141044 09/23/2010 005786 SPRINT 141045 09/23/2010 013387 SWEEPING UNLIMITED INC 141046 09/23/2010 000305 TARGET BANK BUS CARD SRVCS 141047 09/23/2010 012265 TEMECULA ACE HARDWARE C/O 141048 09/23/2010 010679 TEMECULAAUTO REPAIR/RADIATOR 141049 09/23/2010 013719 TEMECULA ELECTRICAL SUPPLY 141050 09/23/2010 010493 TEMECULA TOME CENTER ASSOC LP Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Jul radio rentals: Police/Code Enf 1,550.19 Entertainment:mpsc anniv 9/24 200.00 Page: 7 Check Total 1,550.19 200.00 Jazz @ the Merc 9/9/10 210.00 210.00 Signs:college/vocational event 9/25 692.85 692.85 FY 10/11 Agency membership dues 680.00 680.00 RECREATION SUPPLIES: HIGH HOPES PRGM Aug 2-27-560-0625:32380 deerhollow Sep 2-31-693-9784:26036 ynez rd Aug 2-30-296-9522:31035 rncho vista Sep 2-28-331-4847:32805 pauba rd Sep 2-30-099-3847:29721 ryecrest Sep 055-475-6169-5:PBSP Sep 015-575-0195-2:32211 wolf vly Jul 26 -Aug 25 cellular usage/equip Sept sweeping swcs:parking garage MISC SUPPLIES:MPSC MISC SUPPLIES: DOGHOUSE PRGM PROGRAM SUPPLIES: F.I.T.5K/10K HARDWARE & SUPPLIES: STA 92 Vehicle Maint & Repair: Prevention equipment supplies:Fire Oct lease pmt: Police Mall Storefront 383.04 3,319.73 429.17 362.65 134.97 21.84 206.88 130.49 4,950.41 500.00 117.51 117.39 30.56 24.01 994.74 48.93 1,458.33 383.04 4,268.36 337.37 4,950.41 500.00 265.46 24.01 994.74 48.93 1,458.33 Page:7 apChkLst 09/23/2010 5:36:38PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141051 09/23/2010 011736 TEMECULA TROPHY INC Recognition awards & plaques: csd 420.86 Recognition awards & plaques: csd 230.55 Emp recognition award:HR 66.28 name tags: M. Edwards 17.29 name tag: M. Brusko 8.65 743.63 141052 09/23/2010 007636 THERMO ENVIRONMENTAL Gas Monitor Repair: Sta 73 510.07 510.07 141053 09/23/2010 010276 TIME WARNER CABLE Sep high speed internet:32211 wtfvly 102.32 102.32 141054 09/23/2010 012725 TRZOP, MICHELLE TCSD Instructor Earnings 2,957.06 TCSD Instructor Earnings 2,016.00 TCSD Instructor Earnings 2,016.00 TCSD Instructor Earnings 1,603.00 8,592.06 141055 09/23/2010 004145 NVTELECOM Sep City phones general usage 5,700.26 5,700.26 141056 09/23/2010 004261 VERIZON Sep xxx-5072 general usage 2,532.72 Sep xxx-0074 general usage 322.81 Sep xxx-0073 general usage 125.42 Sep xxx-0714 gen usage:PD mall alarm 78.50 Sep xxx-3564 gen usage:Alann 72.53 Sep xxx-3143 gen usage:PD overland 43.92 Sep xxx-4723 gen usage:Tem Police 37.42 Sep xxx-5473 gen usage:moraga rd 36.46 Sep xxx-8573 general usage 36.27 Sep xxx-6084 general usage 35.03 3,321.08 141057 09/23/2010 001342 WAXIE SANITARY SUPPLY INC Cleaning supplies:Var. City fac's 1,769.91 Cleaning supplies:CRC 89.66 credit:cleaning su ppl ies/var. park sites -151.82 1,707.75 141058 09/23/2010 003776 ZOLL MEDICAL CORPORATION Medical Supplies: Medics 2,197.60 2,197.60 Grand total for UNION BANK OF CALIFORNIA: 646,737.60 PageE apChkLst Final Check List Page: 9 09/23/2010 5:36:38PM CITY OF TEMECULA 108 checks in this report. Grand Total All Checks: 646,737.60 Page9 apChkLst 09/30/2010 12:56:15PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1556 09/30/2010 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 1557 09/30/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 126,420.81 126,420.81 RETIREMENT) 1558 09/30/2010 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,237.08 76,237.08 1559 09/30/2010 000444 INSTATAX (EDD) State Disability Ins Payment 24,263.11 24,263.11 1560 09/30/2010 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,122.62 3,122.62 SOLUTION 1561 09/30/2010 013551 SUMMERHOUSE HOUSING ph I constr. 20 units:Summerhouse Dev 72,517.36 72,517.36 ASSOC 141059 09/27/2010 011351 GBA MASTER SERIES, INC. gbaMS cf San Diego 9/28:Polizzi, J 300.00 300.00 141060 09/30/2010 004802 ADLERHORST INTERNATIONAL Detection Course #167:police K-9 unit 4,000.00 INC K-9 EQU I PMENT: DETECTION KIT 407.81 4,407.81 141061 09/30/2010 009374 ALLEGRO MUSICAL VENTURES piano tuning: theater 170.00 170.00 141062 09/30/2010 000936 AMERICAN RED CROSS certificate processing:aquatics 16.00 16.00 141063 09/30/2010 004446 AMERICAN SOCIETYOF CIVIL 1/11-12/12 ASCE mb:241204 GB 255.00 255.00 141064 09/30/2010 002187 ANIMAL FRIENDS OF THE Aug animal control services 13,000.00 13,000.00 VALLEYS 141065 09/30/2010 012951 APPLIED DEVELOPMENT CREDIT:TRAVEL EXP MAX $500 -431.31 ECONOMICS (EXHIBITA) JUL CNSLT SVC:QUALITY OF LIFE PLAN 10,767.94 10,336.63 141066 09/30/2010 003203 ARTISTIC EMBROIDERY (27) SHIRTS: TCSDTTHS LOGS 837.38 837.38 141067 09/30/2010 002648 AUTO CLUB OF SOUTHERN Membership: 54068262 RC 48.00 CALIF Membership: 25868902 MM 48.00 96.00 141068 09/30/2010 013811 BAKH, MANO refund:sec dep:rm rental:CRC 150.00 150.00 141069 09/30/2010 013755 BARE DANCE COMPANY Theater perfonnance:10/24-27 3,000.00 3,000.00 Pagel apChkLst Final Check List Page: 2 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141070 09/30/2010 013799 BASKIN ROBBINS-TOGO'S 141077 09/30/2010 001159 TEMECULA 141071 09/30/2010 010328 BEST IMPRESSIONS 141072 09/30/2010 004262 BIO-TOX LABORATORIES 141073 09/30/2010 012583 BLANCAYPRICE 141074 09/30/2010 013805 BROADBENT, MARGARET R. 141075 09/30/2010 003138 CAL MAT (Continued) Description Amount Paid ice cream 10 Volunteer Recognition 1,000.00 recognition mugs:MPSC anniversary 8/19-9/2 Lab swcs:police 8/5-9/2 Lab swcs:police 8/13-31 landscape pinck svc: Pln refund:prkg viol dismissed #76780 PW patch truck materials PW patch truck materials PW patch truck materials 141076 09/30/2010 002566 CALIF DEPT OF BOARD OF fling fee:Santa Margarita Eco Res EQUAL 141077 09/30/2010 001159 CALIF DEPT OF JUSTICE Aug fingerprinting svcs: Police/MSYEP 141078 09/30/2010 004971 CANON FINANCIAL SERVICES, Aug copier leases: Library INC 141079 09/30/2010 000137 CHEVRON AND TEXACO Cityvehicles fuel:City Mgr 141080 09/30/2010 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 141081 09/30/2010 009969 COMPUCOM SYSTEMS INC MS client access licenses:lnfo Sys 141082 09/30/2010 013560 CROWN BUILDING MAINT CO 8/26-31 janitorial svc:haweston INC Aug janitorial swcs:pd o.t. storefront 141083 09/30/2010 004123 D L PHARES & ASSOCIATES Oct lease pmt:pd old town office 141084 09/30/2010 001393 DATA TICKET INC Aug citations processing:police 141085 09/30/2010 012600 DAVID EVANS & ASSOCIATES AUG CNSLT SVC:BUTTERFIELD STG INC RD EX 141086 09/30/2010 000523 EASTERN MUNICIPAL WATER Deposit/pin ck:Ult. Intrchg pw04-08 DIST 651.92 1,307.60 1,431.46 11,550.00 305.00 365.19 370.58 143.87 3,500.00 3,674.00 2,836.52 381.64 56.00 66,949.62 24.24 353.41 2,828.70 1,625.10 1,532.75 5,000.00 Check Total 1,000.00 651.92 2,739.06 11,550.00 305.00 879.64 3,500.00 3,674.00 2,836.52 381.64 56.00 66,949.62 377.65 2,828.70 1,625.10 1,532.75 5,000.00 Page2 apChkLst Final Check List Page: 3 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141087 09/30/2010 002390 EASTERN MUNICIPALWATER Sep water meter:39569 seraphina rd 660.57 660.57 DIST 141088 09/30/2010 000395 ECONOMIC DEVELOPMENT qtrly lunch: AA, GW, CD 9/23/10 120.00 120.00 CORP 141089 09/30/2010 005115 ENTERPRISE RENT CAR INC van rental: teen camp 8/3 122.64 122.64 141090 09/30/2010 001056 EXCEL LANDSCAPE irrigation repair: wolf creek park 168.69 irrigation repair: riverton park 88.89 irrigation repair: vail ranch park 238.29 irrigation repair: sunset park 141.98 irrigation repair: pbsp 149.25 787.10 141091 09/30/2010 000165 FEDERAL EXPRESS INC 8/24-917 city express mail services 333.57 333.57 141092 09/30/2010 003347 FIRST BANKCARD CENTER 012833 PC MALL GOV, INC. TT misc supplies: Info Sys 178.55 006952 PAYPAL TT shoptech usb charger:lnfo Sys 15.30 007282 AMAZON.COM, INC TT"Quality Toolbox" paperback :IS 57.80 013810 POWER-ON.COM TT LCD power cord: Info Sys 55.75 012574 QUICKSTART INTELLIGENCE TT MS sharepoint cf Anaheim 9/16 324.00 000418 RIVERSIDE CO CLERK & SJ recorded document copies:RDA 98.00 RECORDER 011999 CONFERENCE MANAGER.COM RJ conference call: Roripaugh Ranch 17.95 000475 B N I PUBLICATIONS INC RJ letters const industry: B&S 64.90 007177 MACARONI GRILL AA Iunch:Hospital meeting 9/8 316.92 013812 JERSEY MIKE'S SUBS 20040 GB rfrshmnts:regional brd npdes mtg 8/25 20.93 012112 PALUMBOS RISTORANTE SJ rfrshmnts:coun ciI closed session 8/10 135.23 010321 FINESTATIONERY.COM SJ invitations: commission recogn. 111.00 010773 SWEET LUMPY BBQ LLC SJ rfrshmnts:council closed session 8/24 258.33 012313 FRANKLIN COVEY COMPANY SJ Day planner reflls:City Clerk 97.60 1,752.26 141093 09/30/2010 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 141094 09/30/2010 011967 FULLVALUE ENTERTAINMENT sttlement: Live... Merc 9/17/10 182.00 182.00 Pages apChkLst Final Check List Page: 4 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141095 09/30/2010 001937 GALLS INC (Continued) Description Amount Paid Unifomis:police motorcycle unit 413.23 Check Total 413.23 141096 09/30/2010 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 9/18 799.50 799.50 141097 09/30/2010 000177 GLENN IES OFFICE PRODUCTS Office Supplies: Finance 395.87 INC Office Supplies: HR 418.23 Office Supplies: MPSC 9.56 Office Supplies: Records Mgmt 31.31 Office Supplies: B&S 18.56 Office Supplies: Fire 1,133.80 Office Supplies: Info Sys/Library 319.40 Office Supplies: Info Sys 107.63 2,434.36 141098 09/30/2010 013806 GOLD, AIDE MORA refund:court fling fee:prkg cite 76458 25.00 25.00 141099 09/30/2010 009608 GOLDEN VALLEY MUSIC sttlmnt: Sept Serenades 9/18 439.60 439.60 SOCIETY 141100 09/30/2010 008081 HALL & FOREMAN INC AUG DESIGN SVCS NICHOLAS RD 4,091.00 4,091.00 141101 09/30/2010 000186 HANKS HARDWARE INC Hardware supplies: PW Traffic 642.36 Hardware supplies: PW Maint 371.09 Hardware supplies: Code Enf/B&S 94.84 Hardware supplies: Fire 843.53 Hardware supplies: TCC 33.59 Hardware supplies: City Hall 19.87 Hardware supplies: parking 11.33 Hardware supplies: Library 60.62 Hardware supplies: TV Museum 81.48 Hardware supplies: Theater 283.83 Hardware supplies: MPSC 67.29 Hardware supplies: Maint Facility 15.75 Hardware supplies: CRC 75.82 Hardware supplies: Ch Museum 195.49 2,796.89 141102 09/30/2010 002109 H D SUPPLY CONSTR. SUPPLY credit: returned product -17.60 LTD misc maintenance supplies: PW 93.83 misc maintenance supplies: PW 685.13 misc maintenance supplies: PW 1,199.50 1,960.86 141103 09/30/2010 004811 HEWLETT PACKARD console switch: info sys 8,436.51 8,436.51 141104 09/30/2010 013807 HILDAHL,TROND refund: Little Learners 2010.202 192.00 192.00 Page:4 apChkLst Final Check List Page: 5 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141105 09/30/2010 004406 IGOE & COMPANY INC Sept flex benefit plan pmt 230.00 230.00 141106 09/30/2010 009135 IMPACT MARKETING & DESIGN usherunifomis: Theater 254.96 254.96 INC 141107 09/30/2010 001123 INDUSTRIAL DISTRIBUTION MISC MAINTENANCE SUPPLIES:PW 1,490.81 1,490.81 GROUP 141108 09/30/2010 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY 15.04 INC (1) BOOK: LIBRARY 18.57 (1) BOOK: LIBRARY 14.84 (1) BOOK: LIBRARY 17.25 65.70 141109 09/30/2010 013695 INLAND EMPIRE SHRED IT 8/30 doc shred svcs: PD Mall Storefront 15.00 8/30 doc shred svcs: PD O.T. Storefront 15.00 9/13 doc shred svcs: City Hall 30.00 8/30 doc shred svcs: City Hall 35.00 8/30 doc shred svcs: Library 15.00 110.00 141110 09/30/2010 006914 INNOVATIVE DOCUMENT Aug copier ma int/u sage: Library 880.48 SOLUTIONS Aug copier maint/u sage: citywide 3,568.03 4,448.51 141111 09/30/2010 003266 IRON MOUNTAIN OFFSITE Aug offsite media storage: records 371.45 371.45 141112 09/30/2010 004884 J & W REDWOOD LUMBER CO supplies/lumber:PW Old Town 65.03 65.03 INC 141113 09/30/2010 004119 J T B SUPPLY COMPANY INC misc light supplies: PW Traffic 342.56 misc light supplies: PW Traffic 837.38 flashing beacons: school zones 2,223.94 3,403.88 141114 09/30/2010 013200 JAROTH INC Oct pay phone:RDA/OT bus depot 82.64 82.64 141115 09/30/2010 000203 JOBS AVAILABLE INC ann'I subscription FY 10/11: HR 35.00 35.00 141116 09/30/2010 013741 JOEY LANZA PAINTING Res Impry Prgm: Zevallos 2,200.00 2,200.00 141117 09/30/2010 004062 KUSTOM SIGNALS INC Repair Lidar:police 965.71 965.71 141118 09/30/2010 012945 LABELLE- MARVIN INC 8/13-17 mat test svc:slurry seal 2,315.00 2,315.00 141119 09/30/2010 012065 LANCE, SOLL & LUNGHARD RDA audit svcs: FY 09/10 4,572.00 4,572.00 LLC Pages apChkLst Final Check List Page: 6 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141120 09/30/2010 009388 LETS GET PERSONAL uniforms: B&S 1,844.44 uniforms: code enf/park rangers 1,738.06 3,582.50 141121 09/30/2010 003726 LIFE ASSIST INC medical supplies: Paramedics 6.57 medical supplies: Paramedics 192.75 199.32 141122 09/30/2010 009881 LOPEZ, SHANA refund:preschool gym 1722.202 88.00 88.00 141123 09/30/2010 003782 MAIN STREET SIGNS Misc signs:PW Maint 137.03 Misc signs:PW Maint 489.38 626.41 141124 09/30/2010 004141 MAINTEX INC Cleaning & maint supplies:crc/library 158.61 158.61 141125 09/30/2010 013650 MAMCO, INC. CONST: CITYWIDE CONCRETE 140,874.03 140,874.03 REPAIRS 141126 09/30/2010 000217 MARGARITA OFFICIALS ASSN Aug officiating srvcs:CSD sports pg" 5,670.00 5,670.00 141127 09/30/2010 004307 MARINE BIOCHEMISTS Sept water maint srvcs:Hary/Duck Pond 3,900.00 3,900.00 141128 09/30/2010 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 1,050.00 TCSD Instructor Earnings 1,064.00 TCSD Instructor Earnings 252.00 2,366.00 141129 09/30/2010 001868 MIYAMOTO-JURKOSKY, SUSAN Page turning services 10/3/10 80.00 80.00 A. 141130 09/30/2010 013777 MONASTERIO, TERESITA L refund:court fling fees:prkg cite 76755 25.00 25.00 141131 09/30/2010 002925 NAPA AUTO PARTS Auto parts & misc supplies: Stn 73 14.63 14.63 141132 09/30/2010 002139 NORTH COUNTY TIMES Aug display ads:Hot Summer Nights 966.08 966.08 141133 09/30/2010 003964 OFFICE DEPOT BUSINESS SVS Office supplies:childrens museum 33.34 33.34 DIV 141134 09/30/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 157.97 157.97 141135 09/30/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 58.21 58.21 141136 09/30/2010 013813 OLLER, DENISE refund:insurance premium/Greek Festival 158.25 158.25 Pages apChkLst Final Check List Page: 7 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141137 09/30/2010 001171 ORIENTAL TRADING COMPANY Recreation supplies:C.Museum 41.94 41.94 INC 141138 09/30/2010 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Earnings 308.00 TCSD Instructor Earnings 616.00 924.00 141139 09/30/2010 006389 PAULSON PAINTING Res Impry Prgm: Reed, S. 3,000.00 3,000.00 141140 09/30/2010 010320 PETCO ANIMAL SUPPLIES INC Food & supplies:police K-9 unit 108.73 108.73 141141 09/30/2010 003697 PROJECT DESIGN 7/12-8/8 DSGN: MURR CREEK 3,766.08 3,766.08 CONSULTANTS BRIDGE/OVRLND 141142 09/30/2010 000262 RANCHO CALIF WATER Sep 01-02-98000-0:30650 pauba rd 16.67 DISTRICT Sep 01-02-98010-0:30650 pauba rd 547.59 Sep water metem:tcsd svc lev C 7,777.08 Sep water meters:30875 rancho vista 459.89 8,801.23 141143 09/30/2010 003591 RENES COMMERCIAL TRASH/DEBRIS CLEAN UP CITY 577.50 MANAGEMENT CHANNELS TRASH/DEBRIS CLEAN-UP SRVCS:CITY 10,455.00 11,032.50 141144 09/30/2010 002110 RENTAL SERVICE Rental of tools & maint:pw maint 22.44 22.44 CORPORATION 141145 09/30/2010 002412 RICHARDS WATSON & Aug 2010 legal services 185,230.63 185,230.63 GERSHON 141146 09/30/2010 001365 RIVERSIDE COUNTY OF renew permit:crc 688.00 688.00 141147 09/30/2010 001365 RIVERSIDE COUNTY OF event pemiit:H alloween Cam ival'10 178.00 178.00 141148 09/30/2010 001097 ROADLINE PRODUCTS INC Misc maint supplies:PW Maint 745.01 745.01 141149 09/30/2010 013646 ROYALLAN SLURRYSEAL, PRGS PMT#2: CITYWIDE SLURRY 13,950.00 INC. SEAL PRJT ret w/h pmt #2:Citywide slurry seal pdt -1,395.00 12,555.00 141150 09/30/2010 013764 RYAN, LORRI refund:Tiny Tots 1045.206 51.20 51.20 141151 09/30/2010 011340 SCIOLINO ARTIST Calif non resident withholding tax -210.00 MANAGEMENT LLC Performance: theater 10/3/10 3,000.00 2,790.00 141152 09/30/2010 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 642.73 642.73 CENTRAL Page:7 apChkLst Final Check List Page: 8 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141153 09/30/2010 008529 SHERIFF'S CIVIL DIV CENTRAL 141154 09/30/2010 008529 SHERIFF'S CIVIL DIV CENTRAL 141155 09/30/2010 009213 SHERRY BERRY MUSIC 141156 09/30/2010 013808 SIMPLY SHARON'S CATERING 141157 09/30/2010 000645 SMART & FINAL INC 141158 09/30/2010 000537 SOCALIFEDISON (Continued) Description Amount Paid Check Total SUPPORT PAYMENT 200.00 200.00 SUPPORT PAYMENT 100.00 100.00 Jazz @ the Merc 9/16/10 294.00 Sherry Williams & Friends 9/19/10 796.75 Jazz @ the Merc 9/23/10 409.50 1,500.25 refund:application closed PA10-0071 15.50 15.50 RECREATION SUPPLIES: MPSC 359.68 Refresh m ents: coll ege/vocation al fair 336.66 MISC SUPPLIES: DOG HOUSE PRGM 212.97 hospitality supplies:theater 113.25 1,022.56 Sep 2-31-031-2616:27991 diaz PED 22.88 Sep 2-29-807-1093:28079 diaz PED 24.78 Sep 2-29-807-1226:28077 diaz PED 23.10 Sep 2-28-904-7706:32329 overland trl 163.57 Sep 2-31-282-0665:27407 diaz PED 25.51 Sep 2-21-981-4720:30153 Tem pkwy 35.75 Sep 2-18-937-3152:28314 mercedes 1,388.55 Sep 2-29-953-8082:31523 wolf vly rd 26.48 Sep 2-29-953-8249:46497 wolf crk 21.84 Sep 2-29-458-7548:32000 rncho calif 297.60 Sep 2-29-953-8447:31738 wolf vly rd 21.84 Sep 2-30-220-8749:45850 N Wolf Crk 421.15 Sep 2-29-657-2787:41638 Winchester 23.30 Sep 2-31-419-2873:43000 Hwy 395 23.30 Sep 2-20-817-9929:28410 OT fmt st 356.64 Sep 2-29-933-3831:43230 bus pk dr 2,698.30 Sep 2-31-536-3481:41902 main st 338.32 Sep 2-31-912-7494:28690 mercedes 1,038.90 Sep 2-31-536-3226:28690 mercedes 900.66 Sep 2-00-397-5042:43200 bus pk dr 9,936.51 Sep 2-29-223-8607:42035 2nd st PED 665.59 Sep 2-31-404-6020:28771 OT front st 1,969.29 Sep 2-14-204-1615:30027 front st rdio 48.16 Sep 2-31-536-3655:41904 main st 1,555.67 Sep 2-02-351-4946:41845 6th st 2,708.90 Sep 2-25-393-4681:41951 momga rd 544.15 Sep 2-19-171-8568:28300 mercedes 120.37 Sep 2-29-295-3510:32211 wolf vly rd 1,728.79 Sep 2-29-224-0173:Fire Stns 3,011.77 Sep 2-27-371-8494:42189 Winchester 34.94 30,176.61 PageE apChkLst Final Check List Page: 9 09/30/2010 12:56:15PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141159 09/30/2010 001212 SO CALIF GAS COMPANY Sep 095-167-7907-2:30650 pauba rd 139.54 Sep 101-525-1560-6:27415 enterprise 56.21 Sep 091-024-9300-5:30875 rncho vista 1,048.56 Sep 129-535-4236-7:Civic Center 31.34 Sep 021-725-0775-4:Senior Ctr 76.27 Sep 026-671-2909-8:Comm Theater 30.41 Sep 101-525-0950-0:Comm Ctr 85.06 Aug-Sep 196-025-0344-3:C. Museum 0.97 Sep 125-244-2108-3:1ibrary 15.76 Sep 133-040-7373-0:Maint Fac 25.51 Sep 129-582-9784-3:43230 bus pk dr 42.02 Sep 181-383-8881-6:Museum 18.70 1,570.35 141160 09/30/2010 000519 SOUTH COUNTY PEST Pest control services: fire stn 73 70.00 70.00 CONTROL INC 141161 09/30/2010 013288 STUDIO 33 Deposit: ice rink in Old Town 45,000.00 45,000.00 141162 09/30/2010 010848 TEMECULA PLANTSCAPE Sep lease interior plantscape:library 200.00 200.00 141163 09/30/2010 000311 TEMECULA VALLEY HIGH tvhs band uniforms: council csf prgm 5,000.00 5,000.00 SCHOOL 141164 09/30/2010 000306 TEMECULA VALLEY PIPE& Plumbing supplies:var park sites 40.62 40.62 SUPPLY 141165 09/30/2010 013536 THE GIVING INTERNATIONAL refund:sec dep:picnic shelter: RRSP 150.00 150.00 141166 09/30/2010 010276 TIME WARNER CABLE Oct high speed intemet:MPSC 44.95 44.95 141167 09/30/2010 001561 U S A MOBILITY WIRELESS INC Sep paging/rental svcs:tcsd, pw 94.96 94.96 141168 09/30/2010 000325 UNITED WAY United Way Charities Payment 62.00 62.00 141169 09/30/2010 008977 VALLEY EVENTS Misc rental items: volunteer recog 9/26 2,300.00 Misc rental items: volunteer recogn 9/26 810.42 3,110.42 141170 09/30/2010 004261 VERIZON Sep xxx-9196 gen usage TCC SAFE 172.30 Sep xxx-3526 gen usage:fire alarm 108.81 Sep xxx-5275 gen usage:Tem PD DSL 37.42 Sep xxx-5706 general usage:FOC 201.13 Sep xxx-5696 gen usage:sports comp 36.27 Sep xxx-2016 gen usage:Reverse 911 122.08 Sep xxx-2676 general usage 36.27 714.28 Page9 apChkLst 09/30/2010 12:56:15PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141171 09/30/2010 004789 VERIZON ONLINE Sep Internet svcs:Library 439.95 Sep Internet svcs:Tem PD DSL 42.99 482.94 141172 09/30/2010 009031 VYLANI'S POLYNESIAN Entertainment:mpsc luau event 8/19/10 200.00 200.00 DANCERS 141173 09/30/2010 006248 WALKER, JESSICA TCSD Instructor Earnings 436.80 436.80 141174 09/30/2010 001342 WAXIE SANITARY SUPPLY INC Cleaning su ppl ies: City fac's 562.77 562.77 141175 09/30/2010 003730 WEST COAST ARBORISTS INC Tree trimming swcs:villages/vail ranch 1,674.00 8/16-31 tree maint swcs:citywide 1,800.00 3,474.00 141176 09/30/2010 013556 WESTERN AUDIOVISUAL Sep audio/visual integration: civic 22,308.61 Sep ret w/h pmt:civic center -2,230.86 Aug ret w/h pmt:civic center -17,421.94 2,655.81 141177 09/30/2010 013809 WHITECAP refund:application closed PA10-0159 15.50 15.50 141178 09/30/2010 000348 ZIGLER,GAIL Reimb:supplies for college fair 9/25 83.20 83.20 Grand total for UNION BANK OF CALIFORNIA: 974,298.38 Page 10 apChkLst Final Check List Page: 11 09/30/2010 12:56:15PM CITY OF TEMECULA 126 checks in this report. Grand Total All Checks: 974 298.38 Page 11 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 12, 2010 SUBJECT: City Treasurer's Report as of August 31, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of August 31, 2010. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of August 31, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of August 31, 2010 Current Year Average Daily Balance Effective Rate of Return Reporting period D0/91/2919-98/31/2919 Run Data 09@41310-1802 12464995 277,65486 157,19,823]9 159,421,159.92 9.93% 1.93% Portfolio TEME CP PM(PRF`M1)rsyMRDPt842 Retort Ve[500 Par Market City of Temecula % of City of Temecula, California 43266Business Park Drive days to Portfolio Management Po. Box 9633 g Temecula, CA, 92596 IMV i� Portfolio Summary (951)694 6430 --_ — August 31, 2010 Current Year Average Daily Balance Effective Rate of Return Reporting period D0/91/2919-98/31/2919 Run Data 09@41310-1802 12464995 277,65486 157,19,823]9 159,421,159.92 9.93% 1.93% Portfolio TEME CP PM(PRF`M1)rsyMRDPt842 Retort Ve[500 Par Market Book % of days to wm wm Investments Value Value Value Portfolio Term Maturity 360 Equiv. 355 Equiv. Certificates of DepositBank373,983.53 373,983.63 8]3,929.63 8.69 1,177 B 6.888 6878 Managed Pool Accounts 49,26881915 49,268,81915 49,26881915 3327 1 1 2322 8327 Letter of credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local As ercy l m,estmern Funds 57,261,23819 6/,925,590.64 57,261,23919 39.02 1 1 0.50B 0.513 Fed Graf Ag ends callable seouriaes 15,000,000.00 16,315,210.00 15,000,000.00 1813 1,022 974 2B15 2B51 Federal Agency Bullet securities 2$oB6,000.00 23,326,840.00 2$83$643.66 1566 742 332 1494 1.515 Investment Dantrads 2031,4BB78 2031,48878 2031,48878 137 8979 2,557 6.689 6626 16,9]2,992.83 148,782,512.98 16,941,548.19 199.99% 363 197 9.931 9.966 Investments Cash Passbook/Dbeokirg 3,571,98810 3,571,98810 3,571,98810 1 1 0.000 0.000 (not Imind d In yield ralOulations) Total Cash and Investments 151,644,862.73 152,354,4]3.98 151,613,506.29 363 197 9.931 9.944 Current Year Average Daily Balance Effective Rate of Return Reporting period D0/91/2919-98/31/2919 Run Data 09@41310-1802 12464995 277,65486 157,19,823]9 159,421,159.92 9.93% 1.93% Portfolio TEME CP PM(PRF`M1)rsyMRDPt842 Retort Ve[500 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2010 Page 2 Average Purchase Stated YTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453516-2 66-12 GENIM2 USBANK 06/12/2007 673,963.53 673,963.53 673,963.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 1.00 1 2221 60 03-2 CITY COP RE2 104346006-1 01-2 IMP 2 104346006-4 01-2 RESA2 104346016-3 01-2 RESB2 104346000-4 01-2 SPTAX2 94669911-2 03-1 ACQA2 946699213 03-1 ACQB3 946699023 03-1 BOND3 946699063 03-1 RES A3 94669916-2 03-1 RES B2 94669900-4 03-1 SPTAXI 793593011-2 03-2 ADO 793593009-2 03-2 EMW D 2 793593007-2 03-2 IMP 2 793593016-4 03-2 LOC 2 793593010-2 03-2 PWADM2 793593006-2 03-2 RES 2 793593000-3 03-2 SPTX2 744727011-2 03-3 ACQ2 744727002-2 03-3 BOND 2 744727007-2 03-3 CITY2 744727009 03-3 EMW D 1 744727006-3 03-3 RES3 744727000-4 03-3 SP TX 4 94666001-2 03-4 ADMIN2 94666005-1 03-4 PREP1 94666000-1 03-4 RED1 94666006-2 03-4 RES2 766776002-2 03-6 BON D2 766776007-2 03-61MP2 75,444.17 766776006-2 03-6 RES2 766776000-3 03-6 SP TX3 95453510-2 66-12 BON D2 95453516-4 66-12 G14 Run Date_ 09/28/2010 -18 02 5.600 5.676 0 09/01/2010 5.600 5.678 0 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.966 1.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 705,469.26 705,469.26 705,469.26 0.000 0.000 1 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 First American Treasury 15,113.21 15,113.21 15,113.21 0.000 0.000 1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 693,534.95 693,534.95 693,534.95 0.000 0.000 1 First American Treasury 75,444.17 75,444.17 75,444.17 0.000 0.000 1 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 First American Treasury 5,102.16 5,102.16 5,102.16 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 4,175.50 4,175.50 4,175.50 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 347,596.93 347,596.93 347,596.93 0.000 0.000 1 First American Treasury 61,616.43 61,616.43 61,616.43 0.000 0.000 1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 1,291,211.40 1,291,211.40 1,291,211.40 0.000 0.000 1 First American Treasury 5,261.74 5,261.74 5,261.74 0.000 0.000 1 First American Treasury 4,071.65 4,071.65 4,071.65 0.000 0.000 1 First American Treasury 59,296.93 59,296.93 59,296.93 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 1,402.16 1,402.16 1,402.16 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 226,441.66 226,441.66 226,441.66 0.000 0.000 1 First American Treasury 6,726,504.11 6,726,504.11 6,726,504.11 0.000 0.000 1 First American Treasury 27,039.66 27,039.66 27,039.66 0.000 0.000 1 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Report Var_ 5 00 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2010 Page 3 Portfollo TEME CP Run Date_ 09/28/2010 -18 02 PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 60 03-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216006-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 122216000-2 CITY COPLPF2 First American Treasury 1,009,966.76 1,009,966.76 1,009,966.76 0.000 0.000 1 94434160-1 RDA 021NT1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666006-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666001 RDA 06 PRIN First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666000-2 RDA 06A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-3 RDA 06B CIPS First American Treasury 546,651.95 546,651.95 546,651.95 0.000 0.000 1 107666010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107666030-2 RDA 07 CAPI2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666027-2 RDA 07 ESC2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666026-2 RDA 07 PROJ2 First American Treasury 1,275.62 1,275.62 1,275.62 0.000 0.000 1 107666026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 19,394.96 19,394.96 19,394.96 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 136343016-2 RDA 10B CIP2 First American Treasury 07/01/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 10B-INT1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432363 02001 Financial Security Assurance 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 26,946,932.59 26,946,932.59 26,946,932.59 0.513 0.506 0.513 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,561,353.13 1,561,353.13 1,561,353.13 0.513 0.506 0.513 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 115,460.71 115,460.71 115,460.71 0.513 0.506 0.513 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 306,076.62 306,076.62 306,076.62 0.513 0.506 0.513 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,604,306.01 3,604,306.01 3,604,306.01 0.513 0.506 0.513 1 122216006 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.513 0.506 0.513 1 1 2221 60 03-1 CITY COP RE1 CA Local Agency Investment Fun 790,606.59 790,606.59 790,606.59 0.513 0.506 0.513 1 107666006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.513 0.506 0.513 1 107666016-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.513 0.506 0.513 1 107666030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.513 0.506 0.513 1 107666027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.513 0.506 0.513 1 107666026-1 RDA 07 PRO -1 CA Local Agency Investment Fun 711,407.90 711,407.90 711,407.90 0.513 0.506 0.513 1 107666026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,106,506.26 1,106,506.26 1,106,506.26 0.513 0.506 0.513 1 107666006 RDA 06 RESA MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2010 42,610.66 42,610.66 42,610.66 0.000 0.000 1 Portfollo TEME CP Run Date_ 09/28/2010 -18 02 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2010 Page 4 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 42,850,191.41 49,250,619.15 49,250,619.15 49,250,619.15 0.382 0.387 1 Letter of Credit Callable Securities 31331GZ36 01145 3133XUNQ2 01141 3133XVF63 01147 104346006-1 02006 ASSURANCE CO BOND INSURANCE 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 0.506 Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 Local Agency Investment Funds Callable Securities 31331GZ36 01145 3133XUNQ2 01141 3133XVF63 01147 3126X9NT3 94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 730,515.49 730,515.49 730,515.49 0.513 0.506 0.513 1 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,660,767.75 3,660,767.75 3,660,767.75 0.513 0.506 0.513 1 744727011-1 03-3 ADO CA Local Agency Investment Fun 926,630.77 926,630.77 926,630.77 0.513 0.506 0.513 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.513 0.506 0.513 1 766776007-1 03-6 IMP 1 CA Local Agency Investment Fun 157,435.20 157,435.20 157,435.20 0.513 0.506 0.513 1 SYSCITY CITY CA Local Agency Investment Fun 14,563,232.75 14,567,171.44 14,563,232.75 0.513 0.506 0.513 1 SYSRDA RDA CA Local Agency Investment Fun 23,161,275.40 23,219,360.22 23,161,275.40 0.513 0.506 0.513 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,266,062.26 1,266,062.26 1,266,062.26 0.513 0.506 0.513 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 546.77 546.77 546.77 0.513 0.506 0.513 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,017,342.04 6,017,342.04 6,017,342.04 0.513 0.506 0.513 1 SYSTCSD TCSD CA Local Agency Investment Fun 7,126,001.74 7,139,716.56 7,126,001.74 0.513 0.506 0.513 1 Subtotal and Average 63,561,507.61 57,851,830.19 57,925,590.54 57,851,830.19 0.506 0.513 1 Federal Agency Callable Securities 31331GZ36 01145 3133XUNQ2 01141 3133XVF63 01147 3126X9NT3 01152 3136F9CB7 01066 3136F9DP5 01090 3136FHXF7 01127 31396AYN6 01134 3136FJAD3 01140 31396AZD7 01142 3136FJFD6 01143 3136FJHX2 01146 3136FJNN7 01146 31396AZY1 01149 Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 17,290,322.58 10/19/2009 1,000,000.00 1,001,560.00 1,000,000.00 09/15/2009 1,000,000.00 1,000,630.00 1,000,000.00 10/26/2009 1,000,000.00 1,017,500.00 1,000,000.00 12/10/2009 1,000,000.00 1,002,990.00 1,000,000.00 03/11/2006 2,000,000.00 2,156,760.00 2,000,000.00 03/27/2006 1,000,000.00 1,060,630.00 1,000,000.00 06/10/2009 1,000,000.00 1,004,360.00 1,000,000.00 07/26/2009 1,000,000.00 1,020,310.00 1,000,000.00 09/03/2009 1,000,000.00 1,004,060.00 1,000,000.00 09/21/2009 1,000,000.00 1,000,940.00 1,000,000.00 09/26/2009 1,000,000.00 1,000,940.00 1,000,000.00 10/26/2009 1,000,000.00 1,002,190.00 1,000,000.00 11/16/2009 1,000,000.00 1,014,690.00 1,000,000.00 11/10/2009 1,000,000.00 1,005,630.00 1,000,000.00 1.973 15, 000, 000.00 15, 315, 210.00 15, 000, 000.00 Federal Agency Bullet Securities 31331YG46 01092 Federal Farm Credit Bank 04/21/2006 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2006 Run Date_ 09/28/2010 -18 02 1.550 2.399 2.432 667 07/19/2012 1.700 1.677 1.700 561 03/15/2012 2.100 2.071 2.100 966 04/26/2013 1.625 1.603 1.625 631 12/10/2012 4.000 3.945 4.000 922 03/11/2013 4.000 3.945 4.000 936 03/27/2013 2.000 1.973 2.000 631 12/10/2012 3.000 2.959 3.000 1,426 07/26/2014 2.200 3.519 3.566 624 12/03/2012 2.170 2.140 2.170 932 03/21/2013 2.050 2.022 2.050 649 12/26/2012 2.000 1.973 2.000 649 12/26/2012 2.000 1.973 2.000 1,539 11/16/2014 3.125 3.062 3.125 1,531 11/10/2014 2.615 2.651 974 2,000,000.00 2,029,360.00 1,993,700.00 2.630 2.703 2.740 232 04/21/2011 1,000,000.00 1,033,750.00 996,140.00 3.500 3.514 3.563 397 10/03/2011 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2010 Page 5 CUSIP Investment# Issuer Average Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM 360 YTM 365 Daysto Maturity Maturity Date Federal Agency Bullet Securities 31331Y3N6 01111 Federal Farm Credit Bank 07/30/2006 1,000,000.00 1,026,750.00 999,000.00 3.625 3.610 3.661 317 07/15/2011 31331GF47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,036,130.00 997,500.00 2.250 2.264 2.316 1,062 07/29/2013 31331 GG37 01137 Federal Farm Credit Bank 06/04/2009 1,000,000.00 1,032,500.00 1,000,000.00 2.150 2.121 2.150 667 02/04/2013 31331 GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,017,610.00 1,000,000.00 1.550 1.529 1.550 775 10/15/2012 3133XRRU6 01101 Federal Home Loan Bank 07/03/2006 1,000,000.00 1,026,130.00 996,570.00 3.625 3.626 3.676 303 07/01/2011 3133XSWM6 01124 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,022,190.00 1,000,000.00 2.100 2.071 2.100 509 01/23/2012 3133XTN65 01125 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,012,610.00 1,000,000.00 1.500 1.479 1.500 432 11/07/2011 3133XTXC5 01130 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,029,060.00 1,000,000.00 2.250 2.219 2.250 649 06/11/2012 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,019,690.00 1,000,000.00 1.625 1.603 1.625 612 11/21/2012 3133XVRS2 01151 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,007,190.00 999,750.00 1.000 0.996 1.012 463 12/26/2011 313569E25 01-2 RESA9 Federal National Mtg Assn 03/01/2010 442,056.67 442,056.67 441,606.99 0.200 0.203 0.206 0 09/01/2010 313569E25 01-2 RESB9 Federal National Mtg Assn 03/01/2010 203,496.12 203,496.12 203,290.10 0.200 0.203 0.206 0 09/01/2010 313569E25 01-2 SPTAX9 Federal National Mtg Assn 03/01/2010 254,253.26 254,253.26 253,993.36 0.200 0.400 0.406 0 09/01/2010 31396AYM6 01139 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,021,250.00 991,250.00 1.750 2.024 2.052 709 06/10/2012 313569E25 03-02 LC9 Federal National Mtg Assn 03/01/2010 2,644,430.70 2,644,430.70 2,641,523.06 0.200 0.203 0.206 0 09/01/2010 313569E25 03-02 RES9 Federal National Mtg Assn 03/01/2010 367.94 367.94 367.56 0.200 0.203 0.206 0 09/01/2010 313569E25 03-02 SPTAX9 Federal National Mtg Assn 03/01/2010 660,275.45 660,275.45 659,600.50 0.200 0.203 0.206 0 09/01/2010 313569E25 03-04 RED9 Federal National Mtg Assn 03/01/2010 17,765.92 17,765.92 17,747.76 0.200 0.203 0.206 0 09/01/2010 313569E25 03-04 RES9 Federal National Mtg Assn 03/01/2010 96,566.21 96,566.21 96,467.50 0.200 0.203 0.206 0 09/01/2010 313569E25 03-06 RES9 Federal National Mtg Assn 03/01/2010 336,266.41 336,266.41 337,942.60 0.200 0.203 0.206 0 09/01/2010 313569E25 03-06 SPTAX9 Federal National Mtg Assn 03/01/2010 69,595.39 69,595.39 69,524.25 0.200 0.400 0.406 0 09/01/2010 313569E25 03-1 RESA9 Federal National Mtg Assn 03/01/2010 667,161.16 667,161.16 666,294.73 0.200 0.203 0.206 0 09/01/2010 313569E25 03-1 RESB9 Federal National Mtg Assn 03/01/2010 223,795.70 223,795.70 223,566.93 0.200 0.203 0.206 0 09/01/2010 313569E25 03-1 SPTAX9 Federal National Mtg Assn 03/01/2010 369,636.94 369,636.94 369,440.44 0.200 0.203 0.206 0 09/01/2010 313569E25 03-3 RES9 Federal National Mtg Assn 03/01/2010 2,160,331.53 2,160,331.53 2,176,102.75 0.200 0.203 0.206 0 09/01/2010 313569E25 03-3 SPTAX9 Federal National Mtg Assn 03/01/2010 407,472.74 407,472.74 407,056.21 0.200 0.400 0.406 0 09/01/2010 313569E25 66-12 BND9 Federal National Mtg Assn 03/01/2010 359.52 359.52 359.15 0.200 0.203 0.206 0 09/01/2010 313569E25 66-12 GENI9 Federal National Mtg Assn 03/01/2010 66,920.10 66,920.10 66,649.65 0.200 0.203 0.206 0 09/01/2010 Subtotal and Average 23,033,643.56 23,065,000.00 23,385,640.00 23,033,643.56 1.494 1.515 338 Investment Contracts 95453516-1 66-12 GEN IM IXIS Funding Corp 07/24/1996 500,000.00 500,000.00 500,000.00 5.430 5.509 5.565 2,557 09/01/2017 95453516-1 66-12 RES 2 IXIS Funding Corp 07/24/1996 1,531,466.76 1,531,466.76 1,531,466.76 5.430 5.509 5.565 2,557 09/01/2017 Subtotal and Average 2,031,468.76 2,031,468.76 2,031,468.76 2,031,468.76 5.509 5.585 2,557 Portfollo TEME CP Run Date_ 09/28/2010 -18 02 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments August 31, 2010 Average Purchase Stated YTM VTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Run Date_ 09/28/2010 -18 02 Total and Average 157,127,823.70 148,072,902.63 148,782,512.98 148,041,546.19 0.931 0.944 187 Page 6 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Cash August 31, 2010 Page 7 Average Balance 0.00 Total Cash and Investments 157,127,823.70 Run Date_ 09/28/2010 -18 02 151, 644,862.73 152, 354,473.08 151, 613, 506.29 0.931 0.944 187 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 336,369.26 336,369.26 336,369.26 0.000 0.000 1 4110170261 EDGEDEV TORRY PINES BANK 07/01/2010 2,702,623.64 2,702,623.64 2,702,623.64 0.000 0.000 1 23303600 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2010 2,610.00 2,610.00 2,610.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 19,451.77 19,451.77 19,451.77 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 501,611.71 501,611.71 501,611.71 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 6,673.50 6,673.50 6,673.50 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 157,127,823.70 Run Date_ 09/28/2010 -18 02 151, 644,862.73 152, 354,473.08 151, 613, 506.29 0.931 0.944 187 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Cash and Investments Report CITY OF TEMECULA Through August 31, 2010 Fund Total 001 GENERAL FUND $ 41,692,428.78 100 STATE GAS TAX FUND 240,627.27 101 STATE TRANSPORTATION FUND 1,212,984.36 120 DEVELOPMENT IMPACT FUND 4,575,596.93 150 AB 2766 FUND 540,172.99 160 AB 3229 COPS 72,712.29 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 12,735,233.13 170 MEASURE A FUND 7,340,923.52 190 TEMECULA COMMUNITY SERVICES DISTRICT 809,309.70 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 13,379.88 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 574,141.27 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 55,571.12 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 10,017.76 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 202,175.02 197 TEMECULA LIBRARY FUND 1,114,161.27 210 CAPITAL IMPROVEMENT PROJECT FUND 8,734,680.43 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,630,926.96 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 1,008,449.20 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 158,837.38 277 CFD-RORIPAUGH 30,708,542.25 280 REDEVELOPMENT AGENCY - CIP PROJECT 1,576,165.08 300 INSURANCE FUND 751,011.45 310 VEHICLES FUND 939,990.34 320 INFORMATION SYSTEMS 355,084.78 330 SUPPORT SERVICES 306,086.70 340 FACILITIES 151,255.13 370 CITY 2008 COP'S DEBT SERVICE 1,803,783.44 380 RDA DEBT SERVICE FUND 2,669,894.82 390 TCSD 2001 COP'S DEBT SERVICE 2,967.94 460 CFD 88-12 DEBT SERVICE FUND 9,786,709.78 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,643,148.75 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,205,998.57 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 191,482.61 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 4,207,239.22 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 662,783.69 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 8,669,999.27 Grand Total: $ 152,354,473.08 Item No. 5 Approvals City Attorney Director of Finance City Manager �( CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 12, 2010 SUBJECT: City Council authorization to accept the Caltrans Multijurisdictional Transportation Planning Grant PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: Increase estimated General Fund Grant Revenue by $248,200 2. Appropriate $248,200 from the General Fund Grant Revenue to the Planning Department 3. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMUNITY BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BACKGROUND: In March 2010, the City of Temecula authorized staff to submit for a State of California Department of Transportation (Caltrans) multi -jurisdictional transportation corridor planning grant to analyze the impacts and opportunities to the Jefferson Avenue corridor associated with an increase in intensity of land uses. The grant application includes the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore, and the Western Riverside Council of Governments (WRCOG). I n August 2010, the City was notified by Caltrans that the Grant application was selected for funding. Under this proposal, the City of Temecula is identified as the lead agency, with WRCOG as a sub - recipient for the purposes of administering the grant and serving as the designated Project Manager to complete reporting and invoicing requirements. The total grant amount is $248,200 plus an additional $27,600 in local matching funds from the participating cities (a combination of public sector donations in a combination of local transportation funds and affordable housing funds in the amount of $20,700, and a $6,900 contribution of in-kind services). The match requirement for the City of Temecula is $7,850, which will come from the Redevelopment Agency budget. A component of the Jefferson Avenue corridor study will be to analyze potential transit village development districts which will include development standards to facilitate affordable housing which is consistent with California Redevelopment Law (CRL Section 33334.19). The City's contribution of affordable housing funds is proportionate to the study's affordable housing component. The adoption of this Resolution authorizes acceptance and administration of the grant funds, and authorizes the City Manager to execute an agreement between Temecula, WRCOG and Caltrans to carry out and administer all obligations, responsibilities, and duties under of the grant. FISCAL IMPACT: General Fund Grant Revenues will be increased by$248,200 and will offset the appropriation of $248,200 in the Planning Department budget. Adequate funds are available in the Redevelopment Agency budget for the $7,850 match requirement for the City of Temecula. The $7,850 match requirement is made up of a combination of Redevelopment Agency funds; $6,280 will come from Redevelopment Agency Account No. 280.199.999.5250 and $1,570 will come from the Affordable Housing Account No. 165.199.999.5250. ATTACHMENT: Resolution RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMUNITY BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find. determine and declare that: A. On March 23, 2010, the City of Temecula adopted Resolution No. 10-26 authorizing staff to submit a proposal to the California Department of Transportation for Transportation Planning Grant Funds for Fiscal Year 2009-2010 under the category of Community -Based Transportation Planning to conduct a Multijurisdictional Corridor Planning Study. B. The City of Temecula is designated as the Recipient, and the Western Riverside Council of Governments (WRCOG) as the Subrecipient in the application submitted to Caltrans to conduct a Multi -Jurisdictional Corridor Planning Effort for the Jefferson Avenue Corridor. C. On August 16, 2010, the Grant application was selected by Caltrans for award and will develop strategies, for the four contiguous cities of Temecula, Murrieta, Wildomar, and Lake Elsinore to develop a comprehensive plan for their shared north - south arterial which parallels Interstate 15. D. WRCOG will serve as the Project Manager and assist the four jurisdictions in executing a joint planning process for the corridor that would bring consistency to the individual planning efforts and identify land use and transportation opportunities to create a corridor that can achieve maximum efficiencies to serve future residents and employers E. The requested amount of $248,200 in grant funds and an additional $27,600 in local matching funds (a combination of public sector donations in a combination of local transportation funds and affordable housing funds in the amount of $20,700 and an $6,900 of in-kind services) will be used to understand the existing conditions of Jefferson Avenue, develop multimodal plans, mixed use development strategies and implementation steps to expand housing and transportation choices for residents of western Riverside County. F. Authorization is now being requested to accept and administer the grant funds, and execute an agreement between Temecula, WRCOG and the State of California Department of Transportation. Section 2. A Memorandum of Understanding will be prepared between the City of Temecula and WRCOG establishing a division of labor and cost sharing to complete the Multi -Jurisdictional Corridor Planning for the Jefferson Avenue Corridor Study. Section 3. The City Manager of Temecula, or his designee, is authorized or empowered to execute all documents, including contracts, agreements, extensions, and/or amendments required by Caltrans, which may be necessary to carry out and administer all obligations, responsibilities, and duties under this grant upon receipt of a fully executed Memorandum of Understanding . Section 4. WRCOG will serve as the designated Project Manager to complete reporting and invoicing requirements as outlined by Caltrans. Section 5. Environmental Findings. A. Staff has determined that this Resolution is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15262 — Feasibility and Planning Studies. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of October, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of October, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: October 12, 2010 SUBJECT: Fourth Amendment to the Agreement with AAE, Inc. for the Design of the Temecula Park and Ride, Project Number PW06-09 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council approve the Fourth Amendment to the agreement between the City of Temecula and AAE, Inc.for additional design services in the amount of $9,110.00 for the Temecula Park and Ride, Project Number PW06-09. BACKGROUND: The Temecula Park and Ride Project will provide a park and ride facility on City owned property located along the west bound side of Temecula Parkway between La Paz Road and Wabash Lane. Expected features of the project include raised landscaped medians, parking lot lights, bicycle lockers, and community monumentation. On June 12, 2007 the City entered into a Professional Services Agreement with AAE. Inc. for the design of the Park and Ride facility. In the agreement, the task to design lighting indicated that the design must provide the needed lighting for the park and ride lot users without being too intrusive to the semi -rural area. To comply with this requirement, at the 70% design stage, the consultant provided a lighting design that minimized the number of light standards while attempting to comply with City requirements. This design did not provide the City the required illumination intensity for the entire lot. The consultant had to redesign the entire lighting sytem and increase the number of light standards in order to meet the minimum illumination intensity requirements and comply with light pollution ordinance. The Fourth Amendment, in the amount of $9,110.00, covers the cost of the redesign of the lighting system as indicated. With the Fourth Amendment, the total agreement amount will be $138,695.00. FISCAL IMPACT: The Temecula Park and Ride Project is included in the Capital Improvement Program, Fiscal Years 2011-2015. The Fourth Amendment in the amount of $9,110.00 will bring the total agreement amount to $138,695.00. Sufficient funds are available in the project accounts for this amendment. ATTACHMENTS: 1. Fourth Amendment to the Agreement between the City and AAE, Inc. 2. Project Description and Location FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND AAE, INC. TEMECULA PARK AND RIDE PROJECT No. PW06-09 THIS FOURTH AMENDMENT is made and entered into as of October 12, 2010 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and AAE, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On June 12, 2007 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Professional Engineering Design Services ("Agreement") in the amount of $109,085.00. b. On April 8, 2008 the City and Consultant agreed to increase the payment for additional Professional Engineering Design Services ("Agreement') in the amount of Twenty Thousand Five Hundred Dollars and No Cents ($20,500.00) as set forth in the FIRST Amendment. C. On September 9, 2008 the City and the Consultant agreed to extend the terms of the agreement through June 30, 2010, as set forth in the SECOND Amendment. d. On August 24, 2010, the City and the Consultant agreed to extend the terms of the agreement through June 30, 2011, and revise Section 14, "WRITTEN NOTICES" to notify the Consultant of the Temecula City Hall address change effective date, as set forth in the THIRD Amendment. e. The parties now desire to increase the payment for additional Professional Engineering Design Services ("Agreement") in the amount of Nine Thousand One Hundred Ten Dollars and No Cents ($9,110.00), and amend the Agreement as set forth in this Amendment. 2. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. The FOURTH amendment amount shall not exceed Nine Thousand One Hundred Ten Dollars and No Cents ($9,110.00) for additional services as set forth in Attachment "A" for a total contract amount, of One Hundred Thirty Eight Thousand Six Hundred Ninety Five Dollars and No Cents ($138,695.00)." 3. Exhibit "A" to the Agreement is hereby amended by adding the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA AAE, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Raymond Abassi, President ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Sid Mousavi, CAO Peter M. Thorson, City Attorney CONSULTANT AAE, Inc. Yadi Farhadi 1815 E. Heim Avenue, Suite 100 Orange, CA 92865 (714) 940-0100 Phone yfarhadi@aaeinc.com FSM Initial : Date: 3 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. EXHIBIT "A" In-nC937LIFIF5 1 Mr, Anter Attar, P.E. Principal Engineer Deportmeni of Public Wort s City of Ternecolo 439M Business Park Drive Temecula, Co 92590 Ill B 9W HOm UH9100, Orme, Ch 02M AAE Projoct No. 6038.04 RE; Request fol Contract Amendment- Lighting System of Proposed Park & Ride Facility Located of Corner of Temecula Parkway and Lo Paz Door Mr. Atfar: As you are aware,, per Mr. Eric Jamas' comments and instruction and Per your approval, AAE completed the redesign of the lighting system arra has prepared new plans accoftftly for subject project. The new design includes lure following: 1, Comply with Ordinance No. 655 Provisions (Regulating Light Pollution); 2.. Provide rnlrgmum of one foot candle for illumination of Ine rcrK & Ifloe tacrlrty; I lrcorporoteQthergeiieralconirrienisiiiadeon7O%submilittdpk3ns. As redesign of the new system (items t & 2 above) was not part of the Scope of Work, we hereby request our contract to be amended in the amount of $4,110 for providing sold design engineering services. If you here any questions or concerns, please do not hesitate to call me at 7141940-0100, X5030. Vory truly +tours. /el Frafiesdi, P.E, Director of Civil Engineering Department yfartrittl ga Irtc,orrl EXHIBIT "A" Febaxiy 12, 2010 Mr, Amer Attar, P.E. Principal Engineer DcpCrfinenf of Public Works City of TemeWo 439M Rudri ..ss Park Drive Temecula, Ca 92590 IV 5 rim H•6% SviW 6ft Omplo. CA CM F1r71,LWAIM FicT1AMYN AAE Pro]cct No, 6038.04 RE: Request Par Contract Amendment- lighting System of Proposed Park & Ride Facility Located at Corner of Temecula Parkway and La Paz Dtar Mr. Attar: At you tire aware. per Mr. Eric Jones' Cnmments and insfruction and per your approval, AAE completed the redesign of the lighting system and has prepared new plans accordingly for subject project. The new design indudes the following: 1. Comply with Ordinance No. 655 Provisions (Regulating Light Pollution); z. Provide minimum of one foot candle for illumination of the cork & Ilide facility; 3. Incorporate other general comments made on 70% submitted plans. As redesign of the new system (items 1 & 2 above) wet not part of the Scop$ of Work, we hereby request our contract to be amended in the amount of $9,110 for providing said design engineering services. If you have any questions or concerns. please do not hesitate to call me at 7141940-0100, X5030, Vary lrVIV yours, Ya i FQrhadi, P,E, Director of Civil Engineering Deportment yforhadlGag2inc,com TEMECULA PARK AND RIDE Infrastructure Project Location � I �P O �O� O a B O / 9 0 a NA F �P O� UJ Q O rFMFOG�Ak} Q�S� VN�RD NT VALLEJOAV P�ONPNGPOR OGpF NOLN z w d' q z � �= 9 F- q u "HILL DR �y CO =0 w w C7 U� O g / Iq_ ,V Y N A 128 TEMECULA PARK AND RIDE Infrastructure Project Project Description: Project will include the acquisition of property, design, and construction of a park and ride facility in the vicinity of Temecula Parkway and La Paz Street. The entire facility will be designed and then constructed in phases as available funds allow. Benefit: Project will enable and encourage Temecula residents to carpool when commuting. Project Status: The design portion of this project is almost complete. This project is estimated to be complete by end of fiscal year 2013. Department: Public Works—Account No. 210.165.747 Priorit : II Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration $ 38,393 $ 5,000 $ 219,308 $ 262,701 Acquisition $187,530 $ 187,530 Construction $272,967 $ 1,300,000 $ 1,300,000 Construction $ 1,425,913 $ 1,425,913 Engineering $338,343 $ 40,000 $ - $ 55,000 $ - $ - $ - $ 55,000 Design $112,420 $ 35,000 $ 14,344 $ 161,764 MSHCP $ 65,000 $ 65,000 Totals $338,343 1 $ 40,000 1 $ $ 1,653,652 1 $ $ $ $ 2,031,995 Source of Funds: Actuals Future Total to Date 02010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost AB 2766 $ 65,376$ 40,000 $ 227,739 $ 333,115 Capital Project Resenes $272,967 $ 272,967 Unspecified* $ 1,425,913 $ 1,425,913 Total Funding: $338,343 $ 40,000 $ - $ 1,653,652 $ - $ - $ - $ 2,031,995 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 1,500 1 $ 1,530 1 $ 1,561 *Project cannot be constructed until a funding source is identified 129 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: October 12, 2010 SUBJECT: Approval of a Professional Services Agreement for Citywide Pavement Rehabilitation FY 10-11, Project Number PW10-05 PREPARED BY: Avlin Odviar, Senior Engineer- CIP William Becerra, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1. Approve the Professional Services Agreement with Harris & Associates in an amount not to exceed $298,937.00 for the preparation and development of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation FY 10-11, Project Number PW10-05; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $29,893.70, which is equal to 10% of the agreement amount. BACKGROUND: For the Fiscal Year 2010-2011 the City Council approved the appropriation to support a Citywide Pavement Rehabilitation program that would initiate the recommended maintenance activities indicated in the previously generated Pavement Management System (PMS). Utilizing the PMS, staff selected several locations for repair based on economy of scale and available construction budget. These locations are as follows: 1. Rancho California Road: Between Old Town Front Street and Ynez Road. 2. Winchester Road: Between Jefferson Avenue and Ynez Road, excluding Caltrans right of way. 3. Winchester Road: Between Margarita Road and Nicolas Road. 4. Ynez Road: Between Solana Way and Winchester Road. 5. Margarita Road: Between Rancho California Road and Solana Way. The Department of Public Works solicited proposals (RFP 170) from qualified consultants to develop rehabilitation strategies and prepare the construction plans for the improvements. on August 19, 2010, the City received sixteen (16) proposals. These proposals were reviewed and ranked by a selection panel. Results are shown in the table below. RANK COMPANY RANK COMPANY 1 Harris & Associates 9 DMG 2 Hall & Foreman 10 K&A Engineering 3 David Evans 11 Civil Source 4 Hernandez, Kroone & Assoc 12 WG Zimmerman 5 KOA 13 TKE Engineering 6 AEI CASC 14 JMD 7 VA Consulting 15 C&S 8 AAE Inc 16 NA & Associates The Department selected Harris & Associates of San Diego, California as the most qualified consultant. Harris & Associates is a full-service, multi-displinary firm specializing in consulting, engineering, and planning services for governmental agencies. They have successfully completed similar projects for various public agencies, including the City of Temecula. Staff has negotiated a fair and equitable scope, schedule, and fee to develop rehabilitation strategies and prepare the construction plans. The terms of the agreement provide for the delivery of four (4) construction bid packages such that the rehabilitation work can be completed independently and swiftly. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015. The rehabilitation project for FY 2010-11 is funded by Measure A. Adequate funds are available in the project accounts, 210-165-655-5802/5804, to fund the agreement amount of $298,937.00 plus the contingency amount of $29,893.70 for a total cost of $328,830.70. ATTACHMENTS: 1. Agreement with Harris & Associates 2. Project Locations 3. Project Description PROJECT LOCATION Project Title: Rancho California Road Rehabilitation (PW10-05A) RFP 170 EXHIBIT 3 0 T L Off' QP O yN O mm T mN2 rti�2�o yG O O J`G O O �G� Z �O C cn� CO I 0 200 400 1,20 Fe t a r�gisrarcmapp ojecGtp ubIic wotl¢Astreetrha* tion2 becerrak mxd PROJECT LOCATION Project Title: Winchester Road Rehabilitation (PW10-05A) RFP 170 EXHIBIT 4 v� �J 90 �N 02 9L P f� 00 6� F� 9a 00p O s0 2 9L O� ?O 200 0 8 0 200 c Oe F Feet \gi to map projectstpu c worksAstreet reha itat n2 ece akb xd PROJECT LOCATION Project Title: Ynez Road Rehabilitation (PW10-05A) RFP 170 EXHIBIT 5 500 rehabilitation2 PROJECT LOCATION Project Title: Margarita Road Rehabilitation (PW10-05B) RFP 170 EXHIBIT 6 500 ■ Feet PROJECT LOCATION Project Title: Rancho Vista Road Rehabilitation (PW10-05E) RFP 170 EXHIBIT 8 3—`2ff0 400 800 1,200 Feet i \gistarcmap projectstpub Iic worksAstreet rehabi Iitation2 becerra kb mod PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit: Project will improve pavement conditions so that the transportation needs of the public, business industry, and government can be met. Project Status: This project is ongoing. Department: Public Works—Account No. 210.165.655 Priority: Actuals Future Total Project Project Cost: to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Cost Administration $ 17 $ 158,205 $ 166,600 $ 166,600 $ 166,600 $ 166,600 $ 824,622 Construction $4,350,540 $4,581,500 $4,581,500 $4,581,500 $4,581,500 $ 22,676,540 Construction $ 5,109 $4,750,000 $2,357,012 $ 939,000 $1,036,000 $ 9,087,121 Engineering $ 43,505 $ 45,815 $ 45,815 $ 45,815 $ 45,815 $ 226,765 Design $ 5,092 $ 197,750 $ 208,250 $ 208,250 $ 208,250 $ 208,250 $ - $ 1,035,842 Totals $ 5,109 1 $4,750,000 1 $5,002,165 1 $5,002,165 1 $5,002,165 1 $5,002,165 1 $ $24,763,769 Actuals Future Total Project Source of Funds: to Date E 2010-11 2011-12 2012-13 2013-14 2014-15 Years m Cost Capital Project Resems $2,645,153 $ 2,645,153 Measure A $ 5,109 $4,750,000 $2,357,012 $ 939,000 $1,036,000 $ 9,087,121 Unspecified* $5,002,165 $4,063,165 $3,966,165 $13,031,495 Total Funding: $ 5,109 $4,750,000 $5,002,165 $5,002,165 $5,002,165 $5,002,165 $ - $24,763,769 Future Operation & Maintenance Costs: 2011-12 111111W 2013-14 RLP-1 cannot be constructed until a funding source is identified. 69 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HARRIS AND ASSOCIATES CITYWIDE PAVEMENT REHABILITATION - FY 10-11, PROJECT NO. PW10-05 THIS AGREEMENT is made and effective as of October 12, 2010, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Harris & Associates, a Corporation (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on October 12, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 12, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though.set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at htto://www.dir.ca.ciov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Ninety Eight Thousand Nine Hundred Thirty Seven Dollars and no Cents ($298,937.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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. 1! a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, 3 District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the 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 sample Certificate of Liability Insurance is attached as Exhibit C. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. E9 C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. F 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the parry as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about November of 2010. Please call 951- 694-6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: To Consultant: 15. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Harris & Associates Dan Lee 750 B Street, Suite 1800 San Diego CA 92101 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 7 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA (Iwo Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Shawn D. Nelson, City Manager Ehab Gerges, PE, Associate ATTEST. By: By: SUSAN W. JONES, MMC, CITY Javier Saunders, Regional Manager CLERK APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Harris & Associates Dan Lee 750 B Street, Suite 1800, San Diego CA 92101 (619)236-1778 FSM Initials: Date: Aa/ 0 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: 10 CITY OF TEMECULA Task s.o Project Management 1.1 Progress and Review Meetings Professional Engineering Design Services for Pavement Rehabilitation of Portions of Rancho Californla Road, Winchester Road and Ynez Road (PWto.o5A), Margarita Road (PWao-o5B), Winchester Road Extension t (PWao-o5D), Rancho Vista Road (PW10-05E) Exhibit "A" Scope of Services We will schedule and attend kick-off and progress meetings through the duration of the project. We have included eight (8) meetings with City staff to review project progress and discuss the design and related issues. 1.2 Quality Control and Quality Assurance Review Perform quality control and quality assurance review prior to all submittals to the City to verify all project elements are addressed. Task 2.0 Preliminary Investigation In order to expedite the design phase of the projects and minimize the cost, Harris proposes to utilize the existing City aerial photos to be augmented by additional field survey in order to obtain all the necessary data to complete design of the projects. The aforementioned aerial will be provided by the City. 2.1 Field Survey Provide centerline and R/W for the project corridor and side streets based on record data orientated to points tied in the field. The information will be an assumed coordinate system, rotated to one of the main record maps. We will utilize the City provided aerial photos to prepare base sheets. No aerial mapping is included in the scope of work. 2. No lot lines, addresses, APN numbers, topo information, NAD 83 ties or utilities will be provided. Utilities will be mapped from record drawings and visually verified in the field. 3. Provide a record of existing survey monuments within the project limits based on visual inspection. 2.2 Geotechnical Investigation The general scope of services will include: 1. Research and review available data developed for the roadway by the City and any additional reports prepared for the roadway by other consultants will also be reviewed, if provided. 2. Obtain a no fee permit from the City of Temecula, and coordinate the boring/core locations. 3. Marking of the boring/core locations for Underground Service Alert. 4. Traffic control will be provided by a licensed subcontractor in general accordance with the City's Traffic Department requirements. It is noted that traffic control will be executed by means of flagmen activities and therefore a traffic control plan is not anticipated. 1 CITY OF TEMECU LA Professional Engineering Design Services For Pavement Rehabilitation of Portions of Rancho California Road, Winchester Road and Ynez Road (PW10-05A), Margarita Road (Mo-o5B), Winchester Road Extension a (PWao-o5D), Rancho Vista Road (PWao-o5E) 5. A total of 20 borings within the existing roadways to a depth of approximately 6.5 feet are proposed. This represents one boring per 1,000 feet of roadway. An additional 15 cores will be conducted to verify the thickness of existing structural sections between borings. No subgrade soils will be obtained from these cores. 6. Repair all boring/coring locations within paved areas with cold patch. 7. Subgrade soil samples will be obtained within each boring/core location. Sieve analysis and sand equivalent testing will be conducted on each subgrade soil sample obtained from the borings and sand equivalent testing will be conducted on each subgrade soil sample obtained from the cores. Based on these indicator tests, R -value tests will be conducted for representative subgrade soil samples from each roadway segment. Moisture content and in-place density testing will also be conducted on relatively undisturbed subgrade samples obtained at depths of approximately 2 and 5 feet obtained within each boring. All tests will be conducted at our geotechnical laboratory which is Caltrans Certified in proficiency to conduct the necessary testing. 8. Evaluate all data developed and formulate cost effective recommendations to improve the pavement sections to meet the current traffic index requirement. 9. Prepare a detailed Pavement Structural Section Component Analysis report presenting our findings, conclusions, and recommendations. 2.3 Water Quality Management Plan (WQMP) Our subconsultant, D -MAX Engineering, will prepare a Water Quality Management Plan in accordance with the City of Temecula's requirements. The WQMP report will include the following sections: Project Description ❖ Site Characterization ❖ Pollutants of Concern Hydrologic Condition of Concern ❖ Best Management Practices • Site Design BMPs • Source Control BMPs • Treatment Control BMPs • Equivalent Treatment Control Alternatives • Regionally Based Treatment Control BMPs ❖ Operation and Maintenance Responsibility For Treatment Control BMPs ❖ Funding This proposal assumes that one WQMP report will cover all four projects. Since the recommendations of the WQMP report are not identified at this time, the design of any storm drain system modifications or storm low flow diversion systems is beyond the scope of this proposal. Our scope is based on providing typical details to address storm water quality similar to the provided improvements on the previous Rancho California Road Pavement Rehabilitation project. CITY OF TEM EC U LA Professional Engineering Design Services for Pavement Rehabllltation of Portions of Rancho California Road, Winchester Road and Ynez Road (PWio-o5A), Margarita Road (PWm-05B), Winchester Road Extension a (PWio-o5D), Rancho Vista Road (PWao.o5E) Tasks 3.0, 4.0, 5.0 & 6.o Plans, Specifications and Estimates 3.1, 4.1, 5.1 & 6.1- Base Mapping Utilizing the City provided aerial photos and field survey as described in Task 2.1, we will prepare base maps for the proposed improvements. Base maps will be prepared in plan format at a horizontal scale of 1"= 40'. Base maps will include roadway center lines, right-of-way based on APN maps, underground utilities, and surface culture. All base maps will be prepared in AutoCAD. 3.2, 4.2, 5.2 & 6.2 -3o% Design Improvement Plans Prepare 30% design plans depicting the proposed improvements. The design will include: ➢ Alternative methods for rehabilitation of existing pavement ➢ Identifying surface and subsurface utilities impacted by the proposed improvements ➢ Typical sections ➢ Traffic control and access recommendations ➢ Evaluate location of advanced traffic loops within the corridor ➢ Identifying potential private and public improvements affected by the proposed improvements ➢ A list of items requiring City feedback, along with Harris' associated recommendations ➢ This task specifically excludes any American Disability ACT (ADA) evaluations, designs or status reports of the existing access ramps or driveways within the project limits 3.2, 4.2, 5.2 & 6.2 -30% Probable Construction Cost Estimate Quantities will be determined from the 30% plans; and preliminary estimates of probable construction costs for the proposed improvements will be prepared based upon those quantities. Cost estimate will be prepared in spreadsheet format using unit costs from Harris' extensive bid tabulation history database, as well as, from recent City bid results on similar types of work. 3.5 Caltrans Encroachment Permit Harris will prepare all necessary documents including the required Water Pollution Control Program Study forms in accordance with Caltrans District 8 requirements in order to obtain the necessary encroachment permit. This permit package will be submitted to the City of Temecula and processed through Caltrans District 8 by City staff. The encroachment permit will be required for the rehabilitation projects that impact Caltrans right of way. 3.3,4.3, 5.3 & 6.3 go% Plans, Specifications and Estimates go% Roadway Rehabilitation Plans We will prepare 90% plans for review by City staff based upon the 30% plan check comments from City staff. We anticipate preparing plans utilizing AutoCad Version 2007 on standard 24" x 36" (D -size) sheets using CITY OFTEMECULA Professional Engineering Design Services for Pavement Rehabilitation of Portlons of Rancho California Road, Winchester Road and Ynez Road (PWao-o5A), Margarita Road (PW10-05 B). Winchester Road Extension t (Mo-o5D), Rancho Vista Road (PW10-05E) standard City title block. This task specifically excludes any evaluations, designs or status reports for the existing access ramps or driveways to achieve ADA compliance. 90% Signing and Striping Plans We will prepare signing and striping plans within project limits. Signing and striping plans will also include all proposed traffic loop modification within project limits. go% Construction Staging and Traffic Control Plans We will prepare necessary plans for proposed traffic control, stage, and construction staging plans. We anticipate that typical lane closures and traffic control details will be required. Additional traffic control plans will be prepared at major intersections and areas of concern. 90% Specifications & Probable Construction Estimate We will prepare the preliminary specifications using a sample "boilerplate' provided by the City. Our 90% construction cost estimate will include the major items of worked, quantity takeoffs from preliminary plans, and unit costs in line with recent bids. The following will summarize the anticipated number of sheets to be included with the design submittal: ( 4 � ",ll,l € j I I , Iiil liiilil ,£t £££5i� 11 13 iit(kil k €4t4`£I}},,i j F3itt i £ {It ( F k !'110101i, itttii�£7i�({ f £ I ill s�ii�i11�,#£31i�(`f�tlk€I�`hlijtlS�4i%tlisttE£�l �('£!£�� (s...2 ,£ l �il}t i[i,i { $ 9iitt(}�[� �f ty(€t{ i i fi 3 fi Wt is i i Ft pt Descn tion, t , ££ i„ ii Scale,.I11"11111i;� i t 3t ,i£ i 31tQ QED 10 05E' t,3 �i St (! 17}]Ik lj,tfnt{�i; �fih(£tfi „e i!Itf�€ Title Sheet N/A 1 1 1 1 Street Rehabilitation Plan Only 1"=40' 5 8 2 3 Signing, Striping, and Traffic Signal Loops 1"=40' 5 8 2 3 Miscellaneous Details, Cross Sections N/A 1 1 1 1 Construction Phasing and Traffic Control Plans 1"=40' 13 12 5 5 Total --- 25 30 11 13 ( 4 � CITY OFTEMECULA Professional Engineering Design Services for Pavement Rehabilitation of Portions of Rancho California Road, Winchester Road and Ynez Road (PWio-05A), Margarita Road (PWio-o5D), Winchester Road Extension i (PWio-o5D), Rancho Vista Road (PWio-o5E) 3.4,4.4, 5.4 & 6.4 Final PS&E (l00% Submittal) Incorporating comments from the 90% submittal, we will prepare final mylar plans and specifications ready for bid. At the completion of final PS&E, we will provide the City with two (2) copies of the design notebook, wet - stamped by the Project Manager. The design notebook will include engineer calculations and notes, quantity calculations, and pertinent correspondence. 5 EXHIBIT B PAYMENT RATES AND SCHEDULE 11 EXHIBIT B — RATES City of remoula f �.1 OEMOwl LM DescH*n aft} E31ty Fly Rt 49fy ov start E3msn EXHIBIT "C" SAMPLE CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE OF LIABILITY INSURANCE PRODUCER CONDITIONS OF SUCH:. POLICIES. AGGREGA rE LIMITS SHOWN'MAY THIS CERTIFICATION IS ISSUER AS A INATTER OFINFORNIATION NSR'.' LTR' -ADO'L INSURO ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Insurance Broker -POUCYE%PIRATION- OATE{MMIDDNYVY) THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1234 Main St GGEEyNEEjRALLIABILITY yam{ }IC�,+jv Pg `E4j5rA�1�gBR(�I- T=, }} MADEgC}ir} COVERAGE AFFORDED BY THE POLICES BELOW. Any Town, CA 91234 - ��� DA MAGE TO RENTED j PREMISES FA..OLCURRENCE — MED PrAN :ONE PEgSON) # INSURERS AFFORDING COVERAGE 4 NAIC # INSURED ��CLAIM6 4 5rvr .. .;3¢?I ^n'r'... P•, ,��a ,I 24gYa ,tyalst <r�r :i T'r City Contractor PRODUCTS'-COMPIOP AGG �.x ". 6 a ..,.. ^i3•.f ,r 4321 State St. MINIPMEW TERMS; EXCLUSIONSAND CONDITIONS OF SUCH:. POLICIES. AGGREGA rE LIMITS SHOWN'MAY HAVkEEEN: HEUUCEUBY PAID MAIMS. NSR'.' LTR' -ADO'L INSURO - -, TYPEOFINSURANCE .POLICY NUMBER. POLICYEFFECTWE DATE (MMIDDrnYnn -POUCYE%PIRATION- OATE{MMIDDNYVY) LIMITS GGEEyNEEjRALLIABILITY yam{ }IC�,+jv Pg `E4j5rA�1�gBR(�I- T=, }} MADEgC}ir} 123456769 07101110' '.06!30791 ��� DA MAGE TO RENTED j PREMISES FA..OLCURRENCE — MED PrAN :ONE PEgSON) # ��CLAIM6 PERSONAL i ADV IN.!URY ❑ PRODUCTS'-COMPIOP AGG GEWLAGGREGATEUMTTAPPLIES PER: Poucr `°' `,t❑Loc AmomoaaE uaeuirY 98765432107070U10 06/30/17 • �- - ❑ALL OWNED AUTOS 1WSCHEDULEDAUTO6 { iy. x4BODILY �j�';AOTC6 -. (PER PERSON) _-- - (PER PERSON) S — IMT (PER ACCIDENDENIj S PROPERTY DAMAGE (PERACCIDENT) S E) GARAGE LIABILITY ❑ANYAUTO, AUTOONLY-EAACMDENT S ❑ EA ACC $ ONLY AUTOO AUTO ONLY AGE t S EXCIDNMBRELLAY .OASILIT ❑GCOUR []CLAIMS MADE EACH OCCURRENCE $ AGGREGATE - B ❑DEDUMBLE S ❑flETENTION S S WORRERScomPENSATIONAND EMPLOYERS LAINUTTY 65DEF4321 07101110 06/30!11+, 'I! WCSTATU. DTH TORY LiMnB ER 4F „4i( Op9tp .q}i' ' ANVPROPRIETORIPARTNEIVEXECUTNE}.I OFFICERTMEMBER EXCLUDED? If y05. dex W UM& SPECIAL PROVISIONS W E.LOIS#ASE-FAEMP1OYKB EU OISEASEa POUCYUMIT OTHER I k'.N 643216789 07101tt0' 06130111 _- it DESCRIPTION Th an OF OF OPENATIONSf LOCRTiON6/ VEHICLES 7T i' �t`7"ah• t(tt /E%CLU330NSAOOEO RYENDORBEMENT/ePECIAL • TM! 'r �Wi Will PRQVIStONS n�:!CS•4.41;�;4xS(J��''+ %'Sl��t"�aD'lc,�)3r@,tr4C�L�.tCf(;!!%�'�$IP: ,Pti' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THEASOVE DESCRIBED POLICIES BE CANCELLED BE RE EEXPIRATIOM. DATE THEREOF, THEISSUING INS)1RER yiILL ENDEAVORTO MNL{i '{m Y9 WRITTEN D3 g���± NOTICE TOTHE CERTIFlCAYEHplDER NAMED TO THE LEFT BUT FAILURE 50 LURE O DOW AtltO1n xLu IMPOSE NOOBUGATION ORUABILITY OF ANY KIND UPON THE INSURER, 3TS'AGENTBOR µ d 34r REPRESENTATIVES �ii 4C Iryi �t1vKY. PUT ORG ED REPRESENTATNE - &PO D?7,§{2001108) r U ACORD CORPORATION I$11 Notes;. General/Auto Liability: it contractor awns no automobiles, a non -owned auto endorsement to the General Liability policy Is acceptable. Workers'Compensation If contractor has no employees, contractor shall execute a declaration that it has no employees i` 12 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HARRIS AND ASSOCIATES CITYWIDE PAVEMENT REHABILITATION - FY 10-11, PROJECT NO. PW10-05 THIS AGREEMENT is made and effective as of October 12, 2010, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Harris & Associates, a Corporation (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 12, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 12, 2011, 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. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Ninety Eight Thousand Nine Hundred Thirty Seven Dollars and no Cents ($298,937.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, 3 District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the 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 sample Certificate of Liability Insurance is attached as Exhibit C. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. 0 C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 5 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula. CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about November of 2010. Please call 951- 694-6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula. CA 92590 To Consultant: Harris & Associates Dan Lee 750 B Street, Suite 1800 San Diego CA 92101 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 7 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. E 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: By: SUSAN W. JONES, MMC, CITY CLERK APPROVED AS TO FORM: By: (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ehab Gerges, PE, Associate Javier Saunders, Regional Manager Peter M. Thorson, City Attorney CONSULTANT Harris & Associates Dan Lee 750 B Street, Suite 1800, San Diego CA 92101 (619) 236-1778 (619) 236-1179 DALee@harris-assoc.com E FSM Initials: Date: EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: 10 EXHIBIT B PAYMENT RATES AND SCHEDULE 11 EXHIBIT "C" SAMPLE CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/01/10 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Insurance Broker THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1234 Main St COVERAGE AFFORDED BY THE POLICES BELOW. Any Town, CA 91234 INSURERS AFFORDING COVERAGE I NAIC # City Contractor 4321 State St. Our Town, CA 94321 67890 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THII CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THI TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSURD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIWYY) POLICY EXPIRATION DATE(MM/DDNYYY) LIMITS 123456789 07/01/10 06/30/11 EACH OCCURRENCE f 1,000,000 GENERAL LIABILITY ®COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES EA OCCURRENCE A X ❑❑CLAIMS MADE ®OCCUR ❑ MED EXP (ANY ONE PERSONI $ PERSONAL & ADV INJURY f 171 AGGREGATE .52,006,000 PRODUCTS-COMP/OP AGG $ PRODUCTS GEN'L AGGREGATE LIMIT APPLIES PER: E-1 POLICY ® PROJECT [:1 LOC AUTOMOBILE LIABILITY 967654321 07/61/10 06/36/11 ENSINGLE LIMIT (EOMND :1,000,000 ®ANY AUTO ❑ALL OWNED AUTOS���` 0BODILY INJURY (PER PERSON) S IB X❑SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (PER ACCIDENT) S ®NON -OWNED AUTOS ❑ PROPERTY DAMAGE (PER ACCIDENT) f GARAGE LIABILITY / _ AUTO ONLY -EA ACCIDENTS MANY AUTO �•/J� ❑ OTHER THAN EA ACC $ AUTO ONLY AGG : EACH OCCURRENCE $ EXCESS/UMOREL" LIABILITY ❑ OCCUR ❑CLAIMS MADE AGGREGATE S ❑DEDUCTIBLE S ❑RETENTION S f WORKERS COMPENSATION AND EMPLOYERS LIABILITY 65DEF4321 07/01N0 06/30/11 X WC STATU- OTH TORY LIMITS ER E.L. EACH ACCIDENT :1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE `+ OFFICER/MEMBEREXCLUDED9 N yes, desaiA under SPECIAL PROVISIONS b low E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT f D OTHER Professional Liability 543216789 07/01110 06/30/11 Per Claim :1,000,000 Aggregate 1,000 000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Temecula, Redevelopment Agency of the City of Temecula, and Temecula Community Services District, their officers, officials, employee! and volunteers are named Additional Insured on General and Auto Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Temecula Attn: Finance Department PO BOX 9033 Temecula, CA 92589-9033 25 (2001/08) DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES K _T_ 988 Notes: General/Auto Liability: If contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy is acceptable. Workers' Compensation: If contractor has no employees, contractor shall execute a declaration that it has no employees. 12 EXHIBIT B— RATES City of Temeeuk CrtYmiEe Pavement Reaabilirawn Pmjear FY 10-11 sbPorlawir xx 2)1) B Hrtm8A9nciDhS. TASKS Mw IRSa ma MOP Pere tt T.m BI.M TONS scar S PER HOU" $155 5165 3160 5115 m5 ink 1.9 P191"tuua mill Blue: zw;-24He;mr TW 151alolY 0 0 0 0 0 SO 3 im h19`=1 Or I Bret 0 519,MO 619, Georxb¢wheartanxI 1 x 6 want 528,771 1'Q39 a 12 a WIN Va siom ,urs o in 20 a 6 Took x 3Wot0 V. 9,050 33.90 39M 1654 611,011 7963. C PSaActmT i;e D4;gImS a 10 II QAI ]•.Deu®emmr7uv; Y.ohaSk:Prsmrtim Coa '_S sh•ersl xx b a a5 W. ur.pm�a.sx:,m)�acun5 n 12 n 1m :utt! n]za&speidE;.=ffi 3 a 6 16 WA C alTms EaCMCDmmt Pamrz C&I 4a poYaOr Crao: Poum Report a 32 16 sit W&Ra iai; 9 610 .,nxr SlaornaHRa9F+ 0 10 WIN Irr 6 me 1% In xze TMSgiRig SlM Sl*M 90400 $15.765 619.?r SO .1 TaaIIIDPmlHSm U 'x;e W t 10 E A,91 31'Jes: tawec p'av -Peoiab:e Caaenc=Cat $Drs 32 4 SO as Pi G)'•pDC5,3 ;Ipd LiOp11K 57 M IS Ila 56;91 ?uel Spsa a6dsman 3 10 is M 55,9 p 1, •CiR S 31155 :ea s .Fes:. eeegs 6 10 32,71 Mrs B TB 1% 139 Lit 11014 SIM SI1IW 324.66) 115.901 S190Y SO cask 50 Pmla k6 -m Iamw 3e;eWic} l 10 A 12 l`.pe . 'eamr ppm;-poiaE:e CmLiPLla:a1 01om II 4 6 E a r [.)..Pun savabvmar 4 a A 91 Sit Fiad FIm15 sm4&Iran x 9 6 a p, R� W:n'Pnaev O $1 inter dPmpns XeeEap 6 10 S;xt SaOW Wmc a 16 61 IS at ToolISSUM SIM WM RMO 9.OM Y005 >D Sask6 Ir s;e;LLpp+4 S 10 M S1 :J'.DeumlgxosRmmlTmsPd6b'x CavK0rm:971 Opac99(:i shy) e 6 1a 3) P. F'1'•plau. i�BDemou tl 36 w 4i Stksl Pl S am1Ea1®K0x T +o to o r Rmwr a s1, Am:a SAoca;. a t0 12,71 saaw Heal a n w u +05 Ma I oeswx k conaT DR4AD 1DTA6 wave HIM SM395 90.)w W,910 555.471 mnN 11 1261% 1126t2a,j IN III oesaphin o�ir smart FUM o) Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: October 12, 2010 SUBJECT: TEAM Community Pantry License Agreement RECOMMENDATION: That the City Council: 1. Approve the License Agreement between the City of Temecula and TEAM Evangelical Assistance Ministries of Rancho -Temecula, a California non-profit corporation DBA TEAM Community Pantry for use of City Real Property. 2. Approve the First Amendment to "License Agreement between the City of Temecula and TEAM Evangelical Assistance Ministries of Rancho -Temecula, a California non-profit corporation DBA TEAM Community Pantry for Use of City Real Property", for the interim facility. BACKGROUND: On September 25, 2007, the City of Temecula entered into a License Agreement with TEAM Community Pantry (Pantry) to establish an interim facility located on the same parcel as the Temecula Community Center on Pujol Street. The Pantry provides food and clothing to the needy. This interim facility enabled the Pantry to continue to provide service, and the attached First Amendment to License Agreement between the City of Temecula and TEAM Community Pantry authorizes their continued use of the interim facility. The Escalier House and Barn will be completed in mid-October and will provide a new location for the Pantry to continue to provide services to those in need. As a result, staff has prepared the attached License Agreement between the City of Temecula and the TEAM Community Pantry for the Council's consideration. The License Agreement would provide the Escalier House and Barn to the Pantry as their primary location of operations. The agreement is for a term of five (5) years with three (3) additional one (1) year extension options. These options must be requested in writing by the Pantry each year. The Pantry would pay the City $1 per year rent in exchange for the quality human services that they are providing to those in need. The City of Temecula would maintain all permanent fixtures of the property, exterior landscaping for the building and the parking lot. The Pantry would be required to pay all utility costs for the building, acquire and maintain all furnishings and information system technologies, as well as appropriate security and custodial services. This agreement provides the Pantry with excellent facilities to continue to provide food, clothing and services to those in need, and it's location on Pujol Street, adjacent to the Temecula Community Center, extends the City's human services programs to our residents. The attached First Amendment is necessary to provide continued use by the Pantry of existing City facilities to the date that they occupy the Escalier House and Barn. FISCAL IMPACT: The TEAM Community Pantry will provide the City rent in the amount of $1 annually for the duration of this agreement. Exterior maintenance costs for the building are estimated to be $2000 and these funds are currently identified in the 2010-2011 operating budget. ATTACHMENTS: License Agreement First Amendment LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEAM EVANGELICAL ASSISTANCE MINISTRIES OF RANCHO-TEMECULA, A CALIFORNIA NON-PROFIT CORPORATION DBA TEAM COMMUNITY PANTRY FOR USE OF CITY REAL PROPERTY THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporation ("City") and TEAM Evangelical Assistance Ministries of Rancho - Temecula, a California non-profit corporation, ("Licensee") DBA TEAM Community Pantry, and is made as of October 12, 2010. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. The City is the owner of certain real property in the City of Temecula generally known as the Escalier House and Barn, as part of the Temecula Community Center expansion, located at 28916 Pujol Street (Escalier House) and 28922 Pujol (Escalier Barn), Temecula, California, and identified as Assessor's Parcel Number 922-100-026 (hereafter "Escalier House Site"). B. The "Subject Property" is a portion of the Escalier House Site consisting generally of the Escalier House and ancillary property. The Subject Property is described on Exhibit A and depicted on Exhibit B, each of which is incorporated herein by this reference as though set forth in full. C. The Licensee is a non-profit corporation that provides community services for the Temecula area in the form of the distribution of food, and clothing for all members of the Temecula community who may be in need. D. The City is willing to grant a license to Licensee to use the Subject Property in consideration of and recognition of the community services provided to the community by the Licensee. E. The City and Licensee desire to enter into this Agreement to provide the terms and conditions upon which Licensee shall use the Subject Property described below. 2. _Right to Use Subject Property. City hereby grants a license to Licensee to use the Subject Property, in accordance with and subject to the terms and conditions of this Agreement. 3. Rent. In consideration of the social services provided by Licensee, Licensee shall pay rent to the City in the amount of one dollar ($1.00) per year. 4. Term of This License. A. Duration. The Term of this Agreement shall be five (5) years, commencing on the date Licensee takes occupancy of the Subject Property and ending on October 31, 2015, subject to the early termination as provided in Subsection B of this Section and an extension of the term as provided in Subsection C of this Section. Licensee shall take occupancy of the Subject Property upon completion of the improvements thereon being constructed by the City which date shall not be earlier than October 1, 2010 nor later than October 31, 2010. The City Manager is directed and authorized on behalf of the City to enter into an amendment to this License with the Licensee confirming the date Licensee takes occupancy of the Subject Property. The City Manager is further authorized to enter into an amendment on behalf for the City to modify these dates due to construction conditions. B. Richt to Terminate Agreement. Either parry may terminate this Agreement for any reason, with or without cause, by providing a sixty (60) day prior written notice of termination to the other parry at the addresses shown in Section 13 (Notice), below. C. Notice of Desire to Extend Terni. This agreement may be renewed for three (3) additional one (1) year terms. On or before September 15, beginning in 2015, Licensee shall give written notice to the City at the address shown in Section 12 (Notice) below, of their intent to extend the agreement for an additional year. Each year thereafter, Licensee shall provide a written request to extend the agreement an additional year. The three (3) additional one (1) year terms could extend this agreement through October 31, 2018. All extensions must be approved by the City Manager in writing. Nothing in this section shall be construed as an obligation of the City to extend the Term, nor shall it be construed as granting Licensee any option to extend the Term, regardless of whether or not Licensee provides the notice described herein. 5. Responsibilities of Licensee. A. Licensee shall use the Subject Property for the distribution of food, and clothing to persons of need in the community and for no other purposes. B. Licensee shall be responsible for providing the interior furniture, fixtures and equipment for the interior of the buildings located on the Subject Property. C. Licensee shall be responsible for providing and equipping the interior of the buildings located on the Subject Property with its own information systems, including but not limited to telephones, facsimile machines, computers, printers, copiers and other similar types of equipment. Licensee shall also be responsible for maintaining such information systems equipment. D. Licensee shall be responsible for the monitoring service for the security systems. E. Licensee shall maintain the interior of the buildings on the Subject Property in a neat, clean and safe condition and shall provide custodial services for the interior of the buildings located on the Subject Property. F. Licensee shall promptly notify City of any dilapidation or other defective conditions on the Subject Property that require repair. G. Licensee shall not make any modifications to the interior'or buildings located on the Subject Property, nor shall Licensee place any additional storage units on the Subject Property, without the prior written consent by City. H. Licensee shall be responsible for the costs of utilities, including but not limited to water, gas, electricity, and telephones for the Subject Property. I. Licensee shall put forth its best effort to ensure that no loitering occurs on the Subject Property after the hours of operation. J. Licensee shall keep the Subject Property, including equipment, if applicable, in good order and condition, and shall not damage, depreciate, alter or misuse the Subject Property, subject to normal wear and tear. K. If Licensee damages the Subject Property, Licensee shall pay City promptly for all costs necessary to restore and remedy the Subject Property or its equipment to its prior condition. In addition, Licensee shall pay City for any damage or injuries to the Subject Property occasioned by Licensee's negligence, misuse, or lack of ordinary care. L. Upon termination of this Agreement, Licensee shall return the Subject Property in as good as a condition and repair as the Subject Property existed as of the date of this Agreement subject to reasonable wear and tear. 6. Responsibilities of City. A. City shall provide all landscape maintenance services to the exterior of any buildings and other areas on the Subject Property. B. City shall be responsible for all maintenance and repairs for the exterior of any buildings and areas on the Subject Property, including roofing, HVAC, the parking lot and exterior lighting. C. City shall be responsible for the maintenance of the interior fixtures of the building located on the Subject Property listed in Exhibit C, attached hereto and incorporated herein as though set forth in full, and except for the items of personal property or fixtures Licensee brings into any building on the Subject Property. D. City shall be responsible for the installation and maintenance of the fire alarm systems. E. City reserves the right to inspect the interior and exterior of any buildings located on the Subject Property on a monthly basis. F. City reserves the right to enter the building located on the Subject Property in any of the following instances: 1) In the event of an emergency; 2) To make necessary or agreed repairs, alterations, or improvements; 3) To supply necessary or agreed services; 4) If licensee abandons or surrenders the leased premises; or 5) Pursuant to court order. 7. Liens. Licensee shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property. Licensee shall defend, indemnify and hold City harmless, pursuant to Section 8 (Indemnification), below, from any liens that may attach to the Subject Property or to the Subject Property arising from the use of the buildings on the Subject Property. 8. Indemnification. Licensee shall defend, indemnify, assume all responsibility for and hold the City, Temecula Redevelopment Agency of the City of Temecula, Temecula Community Services District and their officers, officials, agents, employees and volunteers ("Indemnified Parties"), harmless from all costs (including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death that may be caused by any of the actions or inactions of the Licensee or users of the Subject Property or that may result from the Licensee's use of the Subject Property, whether such actions or inactions or use by Licensee or any person directly or indirectly employed or contracted with by Licensee and whether such action shall accrue or be discovered before or after termination of this Agreement. This Section 9 (Indemnification) shall survive termination of this License Agreement. 9. Insurance Requirements. Licensee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives or employees. A. Minimum Scone of Insurance. Coverage shall be at least as broad as the following coverages and any updated industry standard policies: 1) Insurance Services Office Commercial General Liability coverage (occurrence form No. CG 00 01 1185 or 88). 2) Insurance Services Office Business Auto Coverage from CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Licensee 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 Licensee has no employees while performing under this Agreement, worker's compensation insurance is not required, but Licensee shall execute a declaration that it has no employees. 4) On or before the anniversary date of every third year of this Agreement, the City Manager shall review the coverage limits described in this subsection and may increase the insurance coverage limits in accordance with the reasonable and customary commercial insurance coverages existing at such times. B. Minimum Limits of Insurance. Licensee shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage for Licensee or its tenant (or assigns). If Commercial General Liability Insurance or other form with a general aggregate limit is issued, either the general aggregate limit shall apply separately to the Subject Property 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. C. Deductibles and Self -Insured Retentions. Deductibles or self-insured retentions shall not exceed twenty five thousand dollars $25,000.00 unless approved by the City Manager. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The Indemnified Parties (as defined in Section 9 (Indemnification)) shall be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Licensee; products and completed operations of the Licensee; premises owned, occupied or used by the Licensee; or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. 2) For any claims related to the Licensee's use of the Subject Property, the Licensee's insurance coverage shall be primary insurance as respects the Indemnified Parties. Any insurance or self-insured maintained by the Indemnified Parties shall be in excess of the Licensee's insurance and shall not contribute with Licensee's insurance. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Indemnified Parties. 4) The Licensee'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 (3 0) days' prior written notice has been given to the City. 6) Within two (2) business days of receipt of notice of any action described in paragraph 5 of subsection D (Other Insurance Provisions) of this Section 11 (Insurance Requirements), Licensee shall notify the City of said action and provide the City with copies of said notice. 7) 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. 8) Verification of Coverage. Licensee 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 bond 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 Licensee begins to use the Subject Property. As an alternative to the City's forms, the Licensee's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. Assignment and Subletting. Licensee shall not assign its interest in this Agreement or in the Subject Property to any person or entity without first obtaining the City Manager's written consent. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default. 11. Use Restrictions. Licensee agrees to maintain the Subject Property in a clean and neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. 12. 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 written notice to the other party. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand Deliveries ONLY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Manager CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 Attention: City Manger The City intends to relocate to anew City Hall on or about November of 2010. Please ca11951- 694-6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: City of Temecula 41000 Main Street Temecula, California 92590 Attn: City Manager Licensee: TEAM Community Pantry 28916 Pujol Street Temecula, CA 92590 13. Legal Responsibilities; Non -Discrimination. The Licensee 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 services described in this Agreement. As required by law, the Licensee hereby covenants that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the use, occupancy, tenure or enjoyment of the Subject Property or operations of the activities thereon, nor shall the Licensee establish or permit any such practice or practices of discrimination or segregation. The Licensee 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 Licensee to comply with this section. 14. Taxes. Licensee shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the Subject Property described at Section 2 (Right to Use Subject Property) above as a result of Licensee's use of the Subject Property. 15. Interpretation. Each parry had the full opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the parry drafted the Agreement or caused it to be prepared. 16. Authority to Enter Into Agreement. Each person signing below personally warrants and represents to the City that the Licensee has approved this License, intends to be bound by its terms and that they are duly authorized to execute this License Agreement on behalf of the Licensee. 17. Entire Agreement. This Agreement and any documents attached hereto or mentioned herein, contain all of the Agreements of the parties regarding the Subject Property, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 18. Amendments. No provision of this Agreement may be amended except by the written agreement of both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Jeff Comerchero Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney TEAM Evangelical Assistance Ministries of Rancho -Temecula, a California Non -Profit Corporation DBA TEAM Community Pantry By: Name: Randy Taylor Title: President By: Name: Marge Hammersly Title: Director E EXHIBIT "A" DESCRIPTION OF SUBJECT PROPERTY The Property that is the subject of this License and referenced in Paragraph 2 (Right to Use Subject Property) of this Agreement consists of an approximate 14,610 square foot area of the southern portion of the real property owned by the City of Temecula located at 28916 Pujol Street (Escalier House) and 28922 Pujol Street (Escalier Barn), Temecula, California, 92590 and identified as Assessor's Parcel Number 922-100-026 The Subject Property is depicted on Exhibit `B" hereto. • a N� m us 1�1 _ rbc E a;• i� kn3 1 a I 3 �vsX oI • i c X rj IM CN /005 c,I {,ate 3 o �C :0 rn 1 mac'• E °' 1z y „ r°asss•• _ °�r� .; � �E , !.. IN 1' 1` E FD. I" IP Wroke ® 2.93' (BENT OVER) o U5ET bOd NAIL a�. X PROPERTY LINK'''; 'X43 E EX. CATV BOX N74"97241"E 69. S` _ _ B-1 EXHIBIT C FIXTURES TO BE MAINTAINED BY THE CITY 1. Electrical Fixtures (Excluding lamps) 2. Plumbing Fixtures FIRST AMENDMENT TO "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEAM EVANGELICAL ASSISTANCE MINISTRIES OF RANCHO- TEMECULA, A CALIFORNIA NON-PROFIT CORPORATION, DBA TEAM COMMUNITY PANTRY FOR USE OF CITY REAL PROPERTY" THIS FIRST AMENDMENT TO LICENSE AGREEMENT is made and entered into as of October 12, 2010 by and between the City of Temecula ("City") and TEAM Evangelical Assistance Ministries of Rancho -Temecula, a California non-profit corporation ("Licensee") DBA TEAM Community Pantry. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. On September 25, 2007 the City and Licensee enter into that certain license agreement entitled "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEAM COMMUNITY PANTRY FOR USE OF CITY REAL PROPERTY" ("2007 License Agreement") for the use of certain City property for its operations; B. On October 12, 2010, the City and Licensee entered into a new License Agreement entitled "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEAM COMMUNITY PANTRY FOR USE OF CITY REAL PROPERTY" for the use of certain City property for its operations ("2010 License Agreement.") The parties expect the 2007 License Agreement to be effective in October 2010 when the renovation of the Escalier House and Barn on the Subject Property are completed. C. It is necessary to amend the 2007 License Agreement to provide for the continued operation of the TEAM Community Pantry at its current location until the new facilities are completed. 2. Amendment of Section 5 of 2007 License Agreement. Section 5 of the 2007 License Agreement is hereby amended to read as follows: "5. Term of License to Use Escalier House Site. The term of this Agreement shall commence on September 1, 2007 and shall terminate on the date that the Licensee occupies the Subject Property described in and subject to that certain "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEAM COMMUNITY PANTRY FOR USE OF CITY REAL PROPERTY" for the use of certain City property for its operations dated as of October 12, 2010 ("2010 License Agreement."). Under the 2010 License Agreement, the parties expect Licensee shall take occupancy of the Subject Property upon completion of the improvements not earlier than October 1, 2010 nor later than October 31, 2010. The City Manager is directed and authorized on behalf of the City to enter into an amendment to this License Agreement with the Licensee confirming the 11086-0007\1265077v1 date Licensee takes occupancy of the Subject Property and confirming the termination of this License Agreement. In the even the improvements contemplated in the 2010 License Agreement and Licensee cannot occupy the Subject Property under the 2010 License Agreement through no fault of its own, the City Manager is authorized to enter into an amendment to this License Agreement extending its term." 3. No Other Changes. Except as specifically provided herein, all other terms and conditions of the 2007 License Agreement shall remain in effect and all provisions shall be deemed in effect during the term described in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. TEAM Evangelical Assistance Ministries of Rancho -Temecula, a California Non -Profit Corporation DBA TEAM Community Pantry By: Name: Randy Taylor Title: President By: Name: Marge Hammersly Title: Director CITY OF TEMECULA Jeff Comerchero Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney -2- 11086-0007\126so77vi Item No. 9 ACTION MINUTES of SEPTEMBER 28, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:29 P.M. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington Absent: Roberts CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 10 Action Minutes - Approved Staff Recommendation (4-0-1) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected approval with the exception of Director Roberts who was absent. RECOMMENDATION: 10.1 Approve the action minutes of September 14, 2010. 11 Financial Statements for the Fiscal Year Ended June 30, 2010 - Approved Staff Recommendation (4-0-1) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected approval with the exception of Director Roberts who was absent. RECOMMENDATION: 11.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2010. CSD Action Minutes\092810 CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:30 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 12, 2010, at 5:30 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\092810 Item No. 10 ACTION MINUTES of SEPTEMBER 28, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:30 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar Absent: Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 13 Action Minutes - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with Agency Member Roberts absent. RECOMMENDATION: 13.1 Approve the action minutes of September 14, 2010. 14 Financial Statements for the Fiscal Year Ended June 30, 2010 - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with Agency Member Roberts absent. RECOMMENDATION: 14.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2010; 14.2 Approve an increase of $568,000 for Tax Increment revenues in the Debt Service Fund budget; 14.3 Approve an appropriation of $665,000 for Passthrough Agreements in the Redevelopment Agency Debt Service Fund Budget; 14.4 Approve an appropriation of $93,000 for Operating Transfers Out in the Redevelopment Capital Improvement budget and an offsetting decrease in the Redevelopment Agency Debt Service Fund budget; RDA Action Minutes\092810 14.5 Approve an appropriation of $83,000 for interest expenditures in the Debt Service Fund budget. 15 Service Aareement for the Old Town Holidav Outdoor Ice Skatina Rink (at the reauest of the RDA/Old Town Steering Committee Members, Mayor Pro Tem Roberts and Council Member Edwards) - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with Agency Member Roberts absent. RECOMMENDATION: 15.1 Approve the "Agreement for Special Services between the City of Temecula Redevelopment Agency and Studio 33 Productions Outdoor Ice Skating Rink and Rink Management' in the amount of $90,000 and authorize the Chairman to sign on behalf of the Agency; 15.2 Direct staff to quantify through measurement the number of guests/attendees that enjoy this service for data that can be considered for future year negotiations; 15.3 Direct staff to measure success of event through media impressions such as publicity, media coverage, and a general understanding of any increase in foot traffic/visitor traffic and the collaboration of other City sponsored events. RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:34 P.M., the Temecula Tuesday, October 12, 2010, commencing at 7:00 P.M., in Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\092810 Redevelopment Agency meeting was formally adjourned to at 5:30 P.M., for a Closed Session, with regular session the City Council Chambers, 43200 Business Park Drive, Michael S. Naggar, Chair Person Item No. I I Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: October 12, 2010 SUBJECT: Amendment of the California Building Codes RECOMMENDATION: That the City Council approve 1. Set the public hearing for consideration of the Building Code Ordinance for November 9, 2010 and direct the City Clerk to publish notice as required by law: 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2010 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 CALIFORNIA REFERENCED STANDARDS CODE, 2010 CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE. BACKGROUND: The ordinance presented tonight is staff's recommendation for the introduction and first reading of the model codes. The state mandated adoption is January 1, 2011. The ordinance proposes very few local amendments; all of which promotes the welfare and life safety for the general public. In this code adoption cycle, the state has introduced the California Residential and California Green Building Code. The California Residential Code is requiring all new residential buildings to be equipped with fire sprinkler systems. These regulations are statewide. Staff has met with water providers to ensure there is no major impact to residential water service. The California Green Building Code provides for new construction in residential and commercial buildings to have by design the equivalent to LEED'S silver certificate. The use of gray -water and run off from rain is designed to be captured, stored and recycled into and through the irrigation systems. The California Green Code Standards correlate with the cities sustainability program with energy use and carbon footprint reduction. FISCAL IMPACT: There is no fiscal impact to the City of Temecula. The financial impact for residential fire sprinkler system installation in future tract development is estimated to be $1,200.00 per structure. No additional costs are anticipated for residential water service meters as it relates to these mandated code adoptions of the State of California. ATTACHMENTS: Ordinance 10- ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2010 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 CALIFORNIA REFERENCED STANDARDS CODE, 2010 CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Sections 15.04.010 through 15.04.070 of Chapter 15.04 Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal Code are hereby deleted. Section 15.04.080 of Chapter 15.040 of Title 15 of the Temecula Municipal Code is hereby renumbered as "Section 15.04.090". New Sections 15.04.010 through 15.04.080 are hereby added to Chapter 15.04 to read as follows: 15.04.010 Codes Adopted. Except as hereinafter provided in this Chapter, the following codes are adopted by reference as the Building Codes of the City of Temecula: A. California Building Code, 2010 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), including, Appendix C -Agricultural Buildings, and Appendix F — Rodent Proofing; B. California Historical Building Code, 2010 Edition (Part 8 of Title 24 of the California Code of Regulations); C. California Existing Building Code, 2010 Edition (Part 10 of Title 24 of the California Code of Regulations); D. California Electrical Code, 2010 Edition (Part 3 of Title 24 of the California Code of Regulations); E. California Mechanical Code, 2010 Edition (Part 4 of Title 24 of the California Code of Regulations); R:/Ords 2010/Ords 10- F. California Plumbing Code, 2010 Edition (Part 5 of Title 24 of the California Code of Regulations); G. California Administrative Code, 2010 Edition (Part 1 of Title 24 of the California Code of Regulations); H. California Energy Code, 2010 Edition (Part 6 of Title 24 of the California Code of Regulations), I. California Green Building Standards Code, 2010 Edition (Part 11 of Title 24 of the California Code of Regulations), including Appendix A4 Residential Voluntary Measures, Appendix A5 Non Residential Voluntary Measures. J. California Reference Standards Code, 2010 Edition (Part 12 of Title 24 of the California Code of Regulations), K. California Residential Code, 2010 Edition (Part 2.5 of Title 24 of the California Code of Regulations). including Appendix J, Existing Building and Structures, and Appendix O Gray Water Recycling System. A copy of each of the above codes shall be maintained in the office of City Clerk and shall be made available for public inspection while such codes are in force. 15.04.020 California Building Code. The following amendments, additions and deletions are made to the California Building Code, 2010 Edition, as adopted by this Chapter. A. Section 105.2 is hereby amended by modifying subsection 4 under Building, to read as follows: 4. Retaining walls that are not over three (3) feet in height unless supporting a slopped surcharge and garden walls not over four (4) feet in height, measured from the top of footing to top of wall or impounding flammable Class I, Class II or III -A liquids. B. Section 105.3 is hereby amended by adding Subsection 8 to read as follows: 8. All contractors and their subcontractors must have current and valid city business licenses. C. Section 105.5 is amended to read as follows: Expiration: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced a new permit shall first be obtained by reinstatement of R:/Ords 2010/Ords 10- 2 the permit and the fee therefore shall be one half the amount required for reinstating the permit for such work. When changes to any applicable codes have been adopted, the permit may only be renewed after a review has been made to certify that any new code requirements have been incorporated into the plans and a new full permit fee has been paid. D. Section 110.3.6 is amended to read as follows: Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire-resistant penetrations shall be installed and certified by individuals with classification or certification covering the installation of these systems and certification of compliance shall be provided for building official's final approval. E. Section 111.1 Use is hereby amended by adding the following: To ensure appropriate continued use of any occupied space the building official will issue a new Certificate of Occupancy upon any change of tenant at the fee rates established by resolution of the City Council. F. Section 114.4.1 is hereby added to read as follows: Civil Penalty. Any person, firm or corporation who shall proceed with or commence work for which a permit is required by these building and construction regulations without first having obtained such permit shall, if subsequently permitted to obtain a permit therefore, pay double the fee fixed for such work. The original permit fee shall be for issuance of the permit and the balance shall be a civil penalty. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases a permit must be secured as soon as it is practicable to do so, and if there is an unreasonable delay in securing the required permit, the civil penalty as provided in this section shall be charged. In no event shall such civil penalty exceed the permit fee plus five hundred dollars. The civil penalty provided in this section shall be in addition to any other fines and remedies prescribed elsewhere in this code. The payment of such fees and fine shall not relieve any person from fully complying with the requirements of these building and construction regulations in the execution of the work. G. Section 501.2 is hereby amended by adding the following: Numbers or addresses for commercial and industrial buildings shall be maintained a minimum of twelve (12) inches in height facing the street or front of the building. Numbers or addresses in the Tourist Retail Core (TRC) of the Old Town Specific Plan, shall be a minimum of eight (8) inches in height. All suites must have a minimum of six (6) inch high letters on both front and rear doors. Residential usages must have as a minimum four (4) inch high letters. All letters must be placed upon a contrasting background. R:/Ords 2010/Ords 10- 3 H. Section 903.2 is hereby amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems shall be installed in all occupancies and locations greater than 3,600 square feet or any structure requiring a fire flow requirement of 1,500 gpm or more. The requirements supersede the requirements set forth in sections 903.2.1 through 903.2.12. 903.2.11.1.1 is hereby amended to read as follows: 903.2.11.1.1 Opening dimension and access. Openings shall have a minimum dimension of not less than 36 inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that the fire fighting or rescue cannot be accomplished from the exterior. J. Section 903.3.7 is hereby amended to read as follows: 903.3.7 Fire department connections. The location of the fire department connections shall be approved and be located within 50 -feet of a public or approved fire hydrant by the fire code official. The fire department connection height shall not be less than 36 inches or more than 48 inches above grade to the inlets. K. Section 903.4 is hereby amended to read as follows: 903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water -flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit regardless of the number of sprinkler heads including interior and exterior valves regardless of location or floor. L. Section 903.4.3 is hereby amended to read as follows: 903.4.3 Floor Control Valves. Approved supervised indication control valves shall be provided at the point of connection to the riser on each floor in all buildings and Group 1-2 occupancies. Valve locations will be in the fire sprinkler riser room on each riser or on each floor level in an accessible location. M. Section 907.2.19 is hereby amended to read as follows: 907.2.19 Deep underground buildings. All underground buildings shall be equipped throughout with /Oa manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with section 907.6.2.2. N. Section 912.2.1 is hereby amended to read as follows: 912.2.1 Visible location. Fire department connections shall be located on the front access side of buildings, fully visible and recognizable from the street or R:/Ords 2010/Ords 10- 4 nearest point of fire department vehicle access or as otherwise approved by the fire code official. The location of fire department connections shall be approved and installed as follows: 1. Within 50 -feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference from any nearby objects including buildings, fences, posts, plantings, or other fire department connections and or otherwise approved by the Fire Chief. 2. Within 50- feet of an approved hydrant. 3. So that the inlet height shall not be less than 36 inches or more than 48 inches above grade. 4. Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. O. Section 1506.1 is hereby amended by adding the following: The roof covering or roofing assembly on any structure regulated by this Code within the Historical District Overlay, generally known as the Old Town Temecula Historical Preservation District, shall not be less than a Class C roofing assembly. P. Section 1910.2 is hereby added to read as follows: Additional requirements. Slab Dowels in all occupancies, slab connection from existing slabs to new construction shall be placed at a minimum twenty-four (24) inches on center with reinforcing steel of one half inch minimum diameter, eight (18) inches in length. Embedment to existing shall be a minimum of six (6) inches. Q. Section 3109.4.1 is hereby amended to read as follows: Barrier height and clearances. Every outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The top of the barrier shall be at least sixty (60) inches above grade measured on the side the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4) inches (102 mm) when the grade is a solid surface such as a concrete deck, or when the barrier is mounted on top of the above ground pool structure. When barriers have horizontal members space less than fort -five (45) inches (1143 mm) apart, the horizontal members shall be placed on the pool side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations away from the swimming pool, such as protrusions, indentations or cutouts which render the barrier easily climbable, is prohibited. R. The following Appendices are deleted in their entirety from the California Building Code: Appendices A, B, D, E, G, H, I, J and K. R:/Ords 2010/Ords 10- 5 15.04.030 California Residential Code. The following Appendices are deleted in their entirety from the 2010 California Residential Code, Title 24, Part 2.5: Appendices A, B, C, D, E, F, G, H, I J, K, L, M, N, P, Q, R. 15.04.040 California Electrical Code. The following amendments, additions and deletions are made to the California Electrical Code, 2010 Edition, as adopted by this Chapter. A. Section 90.4 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. For commercial projects an electrical contractor shall be responsible for obtaining permits for electrical work performed. B. Section 90.8 is hereby amended by adding the following: Accessory uses or other building, signs, separately located on the same lot or premises shall have connecting conductors run underground. (Agricultural area excepted). Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi -flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Circuits for electric vehicle charging stations shall meet all the requirements of CEC Article 625. Residential garages shall have a minimum three quarter (3/4) inch metal flex conduit ran from meter box to the garage fire wall and terminated in a metal box at forty-two (42) inches above finished floor for future electric vehicle charging station. All residential electrical applications shall provide two (2) future expansion conduits from the meter box, one each stubbed to an approved, accessible upper and lower location. C. Section 110.5 is hereby amended by adding the following: Notwithstanding any provision to the contrary, no aluminum conductors smaller than #6 A.W.G. shall be used. D. CEC Table 300.5 is hereby amended to read as follows: CEC Table 300.5 Location of Wiring Method or Circuit "Under a Building" is amended to read "Six (6) inches beneath the concrete slab." E. Section 334.10 is hereby amended to read as follows: R:/Ords 2010/Ords 10- 6 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: 1) One and two-family dwellings. 2) Multi -family dwellings permitted to be types III, IV, and V construction except as prohibited in 334.12. No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex) usage in commercial applications regardless of mixed-use occupancy. F. Section 690.4 (A) is hereby amended to read as follows: Solar Photovoltaic Systems. Solar Photovoltaic Systems shall only be installed by registered California Contractors License Board entities with a valid A, B, C- 10 or C-46 contractor license or the property owner. Valid copies of the entity's City of Temecula Business License and California Contractors License Board license shall be submitted on the plans. The current carrying conductors of all sources of energy 'shall be designed to de - energize, and remain de -energized, from their respective source of energy generation when the utility -supplied service's main breaker is opened (set to the "off' position) on the electrical system being energized by the aforementioned sources of energy. 'For purposed of this section, "sources of energy" includes alternating current, solar, wind, and fuel cell. The point where the current carrying conductors are to be de -energized and remain de - energized shall be immediately adjacent to the point of energy generation or immediately adjacent to a combiner box, if so equipped. This shall apply to all electrical system installations, regardless of location of conductors inside or outside of any structures. Solar systems not installed on roofs — Foundation and/or footings size plans and substantiating design calculations shall be submitted showing supporting member sizes, dimensions, materials and the loads which will be imposed on the foundation or footings. Where the supporting framework of the modules or arrays is shown as part of the laboratory approved system, design calculations will not be required for the supporting framework of the modules or arrays provided they are included in the approved listing. 15.04.050 California Mechanical Code. The following amendments, additions and deletions are made to the California Mechanical Code, 2010 Edition, as adopted by this Chapter. A. Section 111.1 is hereby added to read as follows: R:/Ords 2010/Ords 10- 7 Violations and violation penalties are subject to Section 15.02.060 and Chapter 1.20 of this Municipal Code. B. Section 115 is hereby deleted in its entirety and superseded by Sections 15.02.010 through 15.02.080 of this Municipal Code, expressly incorporated herein by reference. All references in the California Mechanical Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. C. Section 504.1 is hereby amended by adding the following: Aluminum flex ducts are not permitted to be installed horizontally in rooms that produce steam. An angle greater than forty-five degrees from the vertical is considered a horizontal run. 16.04.060 California Plumbing Code. The following amendments, additions and deletions are made to the California Plumbing Code, 2010 Edition, adopted by this chapter: A. Section 102.3.2 of Chapter 1 is amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. B. Section 103.4 of Chapter 1 is deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Plumbing Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by resolution of the city council in accordance with Section 15.02.010 herein. C. Section 211, definition of indirect waste pipe, is hereby amended to read as follows: Indirect Waste Pipe. An indirect waste pipe is a pipe that does not connect directly with the drainage system but conveys liquid wastes by discharging through and approved air gap into a plumbing fixture, interceptor or receptacle which is directly connected to the drainage system. Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a non-absorbent interior finish as specified in Section 1210 of the California Building Code. D. Section 719.5 is hereby amended to read as follows: Cleanouts installed under concrete or asphalt paving shall be made accessible by yard boxes, or by extending flush in paving with a "brass cap" or other approved material for installation where subject to vehicular traffic. R:/Ords 2010/Ords 10- 8 E. Section 1204.3.2 is hereby amended by adding the following: Testing of gas piping two (2) inches or greater or exceeding twenty (20) feet in length shall require a thirty (30) minute test witnessed by the jurisdiction. Such test shall be sixty (60) p.s.i. All welded pipe shall be graph tested for twenty-four (24) hours at sixty (60) p.s.i. witnessed by the jurisdiction. No gas tests shall be performed at less than ten (10) p.s.i and at not less than fifteen (15) minutes witnessed by the jurisdiction. F. Section 1211.3.5 is amended by adding the following additional exception: Exception 2: The installation of propane gas line for island fixtures is allowed beneath the slab as approved by the building official. G. Section 1211.18 is hereby amended by adding the following: The installation of Seismic Gas Shutoff Valves shall comply with the following requirements: 1. Be installed by a contractor licensed in the appropriate classification by the State of California. Exception: Seismic gas shutoff valves may be installed by a gas utility provided a permit is obtained and the valves are installed and approved in accordance with this section. 2. Be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. Exception: This requirement need not apply if the Building Department determines that the seismic gas shutoff valve has been tested and listed for an alternate method of installation. 3. Be listed by an approved testing laboratory and certified by the Office of the State Architect. 4. Be approved by the Building and Safety Department. 5. Have thirty (30) year warranty, which warrants that the valve is free from defects, and will continue to properly operate for thirty (30) years from the date of installation. 6. Where seismic gas shutoff valves are installed as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve complying with the requirements of this section. R:/Ords 2010/Ords 10- 9 H The following chapters are adopted in their entirety from the 2010 California Plumbing Code Chapter 13, Health Care Facilities and Medical Gas and Vacuum Systems; Chapter 16A, Non -Potable Water Reuse Systems. I. The following appendices are adopted in their entirety from the 2010 California Plumbing Code, Appendix A, Recommended Rules for Signing the Water Supply System; Appendix B, Explanatory Notes on Combination Waste and Vent Systems; Appendix D, Sizing Storm Water Drainage; Appendix G, Gray Water Systems; Appendix I, Installation Standards; Appendix K, Private Sewage Disposal Systems J. The following appendix and Chapter are deleted in their entirety from the 2010 California Plumbing Code: Chapter 15, Firestop Protection; and Appendix L, Alternate Plumbing Systems. 15.04.070 Penalties for violation of Chapter 15.04. Any person, firm, partnership, or corporation violating any provision or to failing to comply with any of the requirements of this Chapter or any of the Codes hereby adopted, shall be subject to the penalties set forth in Chapters 1.20, 1.21 and 1.24 of the Temecula Municipal Code. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Chapter. 15.04.080 Civil remedies available. The violation of any of the provisions of this Chapter or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. R:/Ords 2010/Ords 10- 10 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Ron Roberts, Mayor I_T40r:61n Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of October, 2010, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1Y.9A►1�Ko1l1►Nll0dil:1dil:J4:&1 IG1:i.��G11►�K�1�1►Nll�dil�dil:l�:i.� Susan W. Jones, MMC City Clerk R:/Ords 2010/Ords 10- 11 Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Sean Dakin, Fire Marshal DATE: October 12, 2010 SUBJECT: Amendment of the California Fire Codes RECOMMENDATION: That the City Council 1. Set the public hearing for consideration of the Fire Code Ordinance for November 9, 2010 and direct the City Clerk to publish notice as required by law: 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2009 INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES BACKGROUND: The adoption of the most current edition of the California Fire Code is one of the most important public health, safety and welfare issues that will be presented to you for your consideration and adoption. The fire codes enforced by local jurisdictions in the State of California are reviewed, amended and adopted by the Building Standards Commission on a three (3) year code adoption cycle. Upon the adoption and publication of the State Codes, each local jurisdiction has a period of 180 days to further modify these Codes with more stringent local amendments based upon local geographical, topographical and/or climatic conditions, before the State Code provisions become applicable. The ordinance before you tonight proposes some local amendments. Many of the provisions in this ordinance are substantially the same as previous provisions of the current Municipal Code. FISCAL IMPACT: There is no fiscal impact to the City of Temecula. ATTACHMENTS: Ordinance No. 10- ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2009 INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 15.16 of the Temecula Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation occurring prior to the effective date of this Ordinance. A new Chapter 15.16 is hereby added to Title 15 of the Temecula Municipal Code to read as follows: "Chapter 16.16 FIRE CODE 16.16.010 Code adopted. The City of Temecula hereby adopts by reference the 2009 Edition of the International Fire Code, California Fire Code 2010 Edition, as set forth in Part 9 of Title 24 of the California Code of Regulations, including Appendix Chapter 4, Appendix Chapters, B, BB, C, CC and H, the International Fire Code and California Fire Code Standards as adopted by the State, and the same shall be collectively known as the Fire Code of the City of Temecula. The provisions of the International Fire Code, International Fire Code Appendices, International Fire Code Standards and California Fire Code, and Chapter 7A for materials and construction methods for exterior wild fire exposure, as appropriate, shall apply to all incorporated areas of the City of Temecula through ratification. 16.16.020 Amendments. The following amendments, additions, and deletions are made to the International Fire Code, 2009 Edition, and the California Fire Code, 2010 Edition, as adopted by this Chapter: Page 1 of 24 11086-0001\1287554v1.doc CHAPTER 1 SCOPE AND ADMINISTRATION 106.6.1 Aerosol products is amended to read as follows: An operating permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products. This is required for all commercial, industrial and retail type facilities. 106.6.16 Flammable and combustible liquids, subsections 2 and 3, are amended to read as follows: 2. To store, handle or use Class I liquids outside of a building, except that a permit is not required for the following: 2.1 [No Changes] 2.2 [No Changes] 3. To store, handle or use Class II or Class IIIA liquids in a building or outside a building, except for fuel oil used in connection with oil burning equipment. 106.6.20 Hazardous materials is amended to read as follows: An operational permit is required to store, transport on site, dispense, use or handle hazardous materials. 106.7.7 Flammable and combustible liquids is amended to read as follows: A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 27. CHAPTER 2 DEFINITIONS SECTION 202 — GENERAL DEFINITIONS is amended as follows: FIRE CHIEF OR CHIEF shall mean the Fire Chief of the City of Temecula, or her/his authorized representative. Definition to be added: HAZARDOUS FIRE AREA. is land other than state designated fire hazard severity zone and /or local designated FHSZ which is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated on the maps entitled 'Hazardous Fire Areas of Riverside County' on file in the office of the Clerk of this Board and in the office of the Fire Chief. Page 2 of 24 11086-0001\1287554v1.doc HIGH-RISE BUILDING. As used in this code is amended to read as follows: 1. 'Existing high-rise structure' means a high-rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. 'High-rise structure' means every building of any type of construction or occupancy located more than 75 feet above the lowest floor level of fire department vehicular access. Buildings measured from 55 feet to 75 feet above the lowest floor level of fire department vehicular access shall be enhanced with high-rise provisions as set forth in Section 509.1. 3. 'New high-rise structure' means a high-rise structure, the construction of which is commenced or completed prior to July 1, 1974. Definitions to be added: MODEL ROCKET shall mean any toy or educational device that weighs not more than 500 grams, including the engine and any payload that is propelled by model rocket engines. MODEL ROCKET ENGINE shall mean a commercially manufactured, non - reusable rocket propulsion device which constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user. CHAPTER 3 GENERAL PRECAUTIONS AGAINST FIRE Chapter 3 is adopted in its entirety. Section 309.7 is added to read as follows: 309.7 Spill Containment. Each rack of batteries or group of racks shall be provided with a liquid tight 4 inch spill control barrier which extends at least 1 inch beyond the battery rack in all directions. CHAPTER 5 FIRE SERVICE FEATURE 501.4 Timing of installation is amended to read as follows: When fire apparatus access roads and a water supply for fire protection shall be installed and made serviceable prior to and during the time of construction. Temporary street signs shall be installed at each street intersection when construction of new roadways allow passage by vehicles in accordance with Section 505.2. Page 3 of 24 11086-0001\1287554v1.doc 503.1 Where Required is amended to read as follows: Fire apparatus access roads shall be provided and maintained in accordance with Section 503.1.1 through 503.1.3. The City of Temecula Fire Department shall be the only authority authorized to designate fire lanes. 503.1.1 Buildings and facilities, Exception 2, is amended to read as follows 2. Fire apparatus access roads cannot be installed because of location on property, topography, water ways, nonnegotiable grades or other similar conditions, the Fire Chief is authorized to require additional fire protection as specified in Section 901.4.3 Subsections 503.1.1.1 and 503.1.1.2 are added to read as follows: 503.1.1.1 Fences. When fences are installed that cause the distance from an approved fire department access road to exceed the maximum distance allowed in Section 503, a gate shall be provided in the fence to maintain the required fire department access. The gate shall be a minimum four (4) feet in width and be equipped with a key box and or lock accessible from both sides in accordance with Section 506. 503.1.1.2 Other obstructions to access. When other obstructions are installed that cause the distances from an approved fire department access road to exceed the maximum distance allowed in Section 503, the Fire Chief is authorized to require additional fire protection as specified in Section 901.4.3. 503.2.1 Dimensions is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 20 -feet for single family dwellings and 24 -feet for commercial, multifamily and industrial, and an unobstructed vertical clearance of not less than 13 -feet 6 - inches. 503.2.3 Surface is amended to read as follows: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all- weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410. 1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. 503.2.4 Turning radius is amended to read as follows: The required turning radius of a fire apparatus access road for commercial, multi- family residential and industrial buildings shall have a outside turning radius of a minimum forty-five (45) feet. For single-family residential, the required outside Page 4 of 24 11086-0001\1287554v1.doc turning radius of a fire apparatus access roads shall be a minimum of a thirty- eight (38) feet. 503.2.5 Dead ends is amended to read as follows: Dead-end fire apparatus access roads in excess of 150 -feet in length shall be provided with an approved area for turning around fire apparatus. The maximum length of a dead end road or cul-de-sac shall not exceed 1320 feet. 503.2.7 Grade is amended to read as follows: The grade of the fire apparatus access road shall be within the limits established by the Fire Chief based on the fire department's apparatus, however, no grade will exceed 15 percent. Grade transitions shall not exceed the City of Temecula's Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. Section 503.2.9 is added to read as follows: 503.2.9 Loading areas and passage drop-off areas. On private property, where fire apparatus access roads are utilized for loading or unloading or are utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the fire apparatus access road. This width is in addition to the minimum required access road width. 503.3 Marking is amended to read as follows: Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire apparatus access roads shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. Where no curb exists or a rolled curb is installed, a 6 inch wide red stripe or approved posted signs applied to the full length of the fire apparatus access road shall be installed. Signs shall be placed every 50 -feet. 504.1 Required access is amended to read as follows: Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. Finished grade is to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Distance from the building shall be flat and shall be Page 5 of 24 11086-0001\1287554v1.doc determined by the Fire Chief. Obstructions will not be placed as to interfere with ground ladder placement. 505.1 Address identification is amended to read as follows: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where access is by means of private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Commercial, multi- family residential and industrial buildings shall have a minimum of twelve (12) inch numbers with suite numbers being a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi -family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. EXCEPTION: Building address numbers within the Tourist Retail Core (TRC) of the Old Town Specific Plan, are permitted to be a minimum of eight (8) inches in size. Section 505.3 is added to read as follows: 505.3 Multiple buildings at a single address. Each building shall display its specific alphabetic or numerical designation that shall be clearly distinguishable from the fire apparatus access road. Section 507.1 Required Water Supply is amended to read as follows: An approved permanent water supply capable of supplying the required fire flow for fire protection shall be provided by the developer prior to the commencement of construction to all premises upon which buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Water supplies for fire protection and hydrants shall be in accordance with Appendix B, Appendix BB, Appendix C and Appendix CC. 507.2.1 Private fire service mains is amended to read as follows: Private fire service mains and appurtenances shall be installed in accordance with NFPA 24 as amended in Chapter 47 and the applicable provisions of NFPA 13, Chapter 10. 507.3 Fire Flow is amended to read as follows: Fire flow requirements for buildings or portions of buildings and facilities shall be determined by Appendix B or Appendix BB. Page 6 of 24 11086-0001\1287554v1.doc 507.5.5 Clear space around hydrants is amended to read as follows: A 3 -foot clear space shall be maintained around the circumference of fire hydrants, fire department inlet connections, post indicator valves, OS&Y valves and other fire department appurtenances. Sections 507.5.7 and 507.5.8 are added to read as follows: 507.5.7 Hydrant identification. Hydrant locations shall be identified by the installation of reflective markers (blue dots). 507.5.8 Fire Hydrants Size and Outlets. Fire Hydrant size and number of outlets shall be required as determined by the fire code official. Super Hydrant - Standard One 4" Outlet, and Two, 2 Y2 "Outlets Super Hydrant - Enhanced Two, 4" Outlets, and One 2 Y2 "Outlet 508.1 General is amended to read as follows: Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code and Group 1-2 occupancies having floors located more than 75 -feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.5. For buildings between 55 to 75 feet in height, a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.5. 508.1.2 Separation is amended to read as follows: The Fire Command Center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the Fire Chief. The fire command center shall be separated from the remainder of the building by not less than a 2 -hour fire barrier constructed in accordance with section 707 of the California Building Code or horizontal assembly constructed in accordance with Section 712 of the California Building Code, or both. Page 7 of 24 11086-0001\1287554v1.doc Section 508.1.6 is added to read as follows: 508.1.6 Fire Command Center Identification The fire command center shall be identified by permanent easily visible sign stating 'Fire Dept. Command Center', located on the door to the fire command center. Section 509.3 is added to read as follows: 509.3 Fire sprinkler system riser room. Risers shall not be obstructed in any manner. The fire system riser is to be provided with eighteen (18) inch clearance to each side and to the front of the system riser, access shall be provided by means of a door with the minimum dimensions two (2) feet six (6) inches wide by six (6) feet eight (8) inches tall from the exterior of the building directly to the riser as approved by the Chief. The fire system riser room shall not share with any other equipment (ie, mechanical, electrical, etc.). The main fire alarm control panel shall also be placed in the riser room. CHAPTER 6 BUILDING SERVICES AND SYSTEMS 601.2 Permits is amended to read as follows: Permits shall be obtained for refrigeration systems, battery systems, and commercial kitchen hood systems, as set forth in Section 105.6 and 105.7 Section 601.3 is added to read as follows: 601.3 Construction Documents. Construction documents shall be submitted to the Fire Chief prior to the installation or modification of stationary lead -acid battery systems, valve -regulated lead -acid battery systems, mechanical refrigeration and commercial kitchen hoods. 604.2.14.1 Standby power is amended to read as follows: An emergency power system shall be provided. Where the emergency system is a generator set inside a building, the system shall be located in a separate room enclosed with 2 hour fire barriers constructed in accordance with Section 707 of the California Building Code or horizontal assemblies constructed in accordance with Section 712 of the California Building Code, or both. System supervision with manual start and transfer features shall be provided at the fire command center. 604.2.14.1.2 Capacity is amended to read as follows: The emergency system shall have the capacity and rating that supplies all equipment required to be operational at the same time. The generating capacity Page 8 of 24 11086-0001\1287554v1.doc is not required to be sized to operate all of the connected electrical equipment simultaneously. 606.8 Refrigerant detectors is amended to read as follows: Machinery rooms that use refrigerant shall have a refrigerant detector with audible and visual alarms. The alarm signaling devices shall comply with the audible and visual requirements from NFPA72. The detector, or a sampling tube that draws air into to the detector, shall be located in an area where a refrigerant from a leak may be expected to concentrate. The alarm shall be actuated at a value not greater than the corresponding TLV -TWA values shown in the California Mechanical Code for the refrigerant classification. Detectors and alarms shall be placed in one or more locations to assure notification of all occupants. The detector shall transmit a signal to an approved location. Section 608.5.8 is added to read as follows: 608.5.3 Spill Containment. Each rack of batteries or group of racks shall be provided with a liquid tight 4 inch spill control barrier which extends at least 1 inch beyond the battery rack in all directions. CHAPTER 9 FIRE PROTECTION SYSTEMS Section 901.2.2 is added to read as follows: 901.2.2 As -built documents. Three (3) sets of as built drawings shall be submitted to the fire department for approval within five (5) working days of the final acceptance testing. Section 901.3.1 is added to read as follows: 901.3.1 Modifications. No person shall remove or modify any fire protection system installed or maintained under the provisions of the California Fire Code without approval by the Fire Chief and the Building Official. 901.6 Inspection, testing and maintenance is amended to read as follows: Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. It shall be the responsibility of the owner to ensure that these requirements are met. Nonrequired fire protection systems and equipment shall be inspected, tested and maintained or removed. Prior to the removal of any fire protection system, a permit shall be obtained from the Fire Chief. Page 9 of 24 11086-0001\1287554v1.doc 902 DEFINITIONS. Definition to be added: COMMON AREA. For the purposes of ADA compliance for visual notification, a common area shall be a room, space, or element made available for use of a restricted group of people (example, occupants of a homeless shelter, the occupants of an office building, or the guests of such occupants). Common areas shall include restrooms, hallways, lobbies, meeting and conference rooms, classrooms, cafeterias, filling and photocopy rooms, employee break rooms, open office areas exceeding 300 square feet, examination and treatment rooms, and similar areas that are not used solely as employee work areas. Mechanical, electrical and telephone closets, janitor closets, and similar non -occupied spaces that are not common areas or assigned work areas are not required to have visual alarm devises. Sections 903.1.2, 903.1.3 and 903.1.4 are added to read as follows 903.1.2 New tenants and new occupancies. All new tenants and new occupancies hereafter constructed, which exceeds the fire area square footage of 3,600 square feet or requiring a fire flow of 1,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. 903.1.3 Existing occupancies. All existing occupancies to which additions are made, where either the addition itself or the building and the addition in total exceeds the fire area square footage of 3,600 square feet or requiring a fire flow of 1,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. 903.1.4 Change of use or occupancy. Change of Use or Occupancy that exceeds the fire area square footage of 3,600 square feet or requiring a fire flow of 1,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. 903.2 Where required is amended to read as follows: Approved automatic sprinkler systems shall be installed in all occupancies and locations greater than 3,600 square feet or any structure requiring a fire flow requirement of 1,500 gpm or more. These requirements supersede the requirements set forth in sections 903.2.1 through 903.2.12. 903.2.11.1.1 Opening dimension and access is amended to read as follows: Openings shall have a minimum dimension of not less than 36 inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that the fire fighting or rescue cannot be accomplished from the exterior. Page 10 of 24 11086-0001\1287554v1.doc 903.3.7 Fire department connections is amended to read as follows: The location of the fire department connections shall be approved by the fire code official and be located within 50 -feet of a public or approved fire hydrant. The fire department connection height shall not be less than 36 inches or more than 48 inches above grade to the inlets. 903.4 Sprinkler system supervision and alarms is amended to read as follows: All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water -flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit regardless of the number of sprinkler heads including interior and exterior valves regardless of location or floor. Exceptions 1 through 7 are deleted. 903.4.3 Floor Control Valves is amended to read as follows: Approved supervised indication control valves shall be provided at the point of connection to the riser on each floor in all buildings and Group 1-2 occupancies. Valve locations will be placed in the fire sprinkler riser room on each riser or on each floor level in a accessible location. Section 903.4.4 is added to read as follows: 903.4.4 Pull Station. A minimum of one (1) manual pull station shall be provided at each automatic fire sprinkler system riser location. Section 905.3.11 is added to read as follows: 905.3.11 High-rise Building Standpipes. Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of 6 inch. Shut-off valves and water -flow devices shall be provided on each floor at the sprinkler system connection to each standpipe. Two, four-way fire department connections serving combination systems shall be separated from each other and located at opposite sides of the building or as determined by the Fire Chief. At least one of the fire department connections shall be connected to the riser above a riser isolation valve. Sections 907.1.6, 907.1.7 and 907.1.8 are added to read as follows: 907.1.6 Fire Alarm Control Panel (FACP). The main fire alarm control panel shall be located in the same room as, and sharing the same access as the fire sprinkler riser. Page 11 of 24 11086-0001\1287554v1.doc 907.1.7 Notification Device. New tenant spaces and new occupancy buildings shall require alarm notification devices. For multi tenant buildings an alarm notification device shall be placed in each suite. For existing buildings with new tenants an alarm notification device shall be required in each tenant space. For existing buildings that are not equipped with a fire alarm system or sprinkler monitoring system, new tenants or owners shall be required to install the appropriate type of alarm system. 907.1.8 Duct Detectors. Duct detectors in individual tenant spaces of multi tenant buildings shall be powered from the main building alarm power supply. 907.2.19 Deep underground buildings is amended to read as follows: All underground buildings shall be equipped throughout with a manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with section 907.6.2.2. 908.3 Highly toxic and toxic materials is amended to read as follows Where required by Section 3704.2.2.10, for indoor storage and use of highly toxic and toxic compressed gases a gas detection system shall be provided to detect the presence of gas at or below the permissible exposure limit (PEL) or ceiling limit of the gas for which detection is provided. The system shall be capable of monitoring the discharge from the treatment system at or below one-half the immediately dangerous to life and health (1 DLH) limit. Exception: A gas -detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas. 908.4 Ozone gas -generator rooms is amended to read as follows: Ozone gas generator rooms shall be equipped with a continuous gas -detection system that will shut off the generator and sound a local alarm when concentrations above the PEL occur. 908.6 Refrigeration systems is amended to read as follows: Refrigeration system machinery rooms shall contain a refrigerant detector with an audible and visual alarm. Section 909.1.1 is added to read as follows: 909.1.1 High rise buildings. When required by the Fire Chief an approved smoke control system shall be installed for high-rise buildings in accordance to section 909. Page 12 of 24 11086-0001\1287554v1.doc 912.2.1 Visible location is amended to read as follows: Fire department connections shall be located on the street -front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire code official. The location of fire department connections shall be approved and installed as follows: 1. Within 50 -feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference from any nearby objects including buildings, fences, posts, plantings, or other fire department connections and or otherwise approved by the Fire Chief. 2. Within 50 -feet of an approved hydrant. 3. So that the inlet height shall not be less than 36 inches or more than 48 inches above grade. 4. Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. 914.5 Underground and Windowless buildings is amended to read as follows: Fire Underground buildings shall comply with sections 914.5.1 through 914.5 and windowless buildings with a total floor area of 5000 square feet shall comply with sections 914.5.2 through 914.5.6. CHAPTER 22 MOTOR FUEL -DISPENSING FACILITIES AND REPAIR GARAGES 2201.1 Scope is amended to read as follows: Automotive motor fuel -dispensing facilities, marine motor fuel -dispensing facilities, fleet vehicle motor fuel -dispensing facilities, aircraft motor -vehicle fuel - dispensing facilities and repair garages shall be in accordance with this chapter and the California Building Code, California Plumbing Code and the California Mechanical Code. Such operations shall include both operations that are accessible to the public and private operations. For provisions relating to the transfers of flammable and combustible liquids directly from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments, see section 3406.5. 2202.1 DEFINITIONS. Definition to be added Motor Vehicle includes, but is not limited to, a vehicle, machine, tractor, trailer or semi -trailer, or any combination thereof, propelled or drawn by mechanical power Page 13 of 24 11086-0001\1287554v1.doc and used upon the highways in the transportation of passengers or property. It does not include a vehicle, locomotive or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street -railway service. The term "motor vehicle" also includes freight containers or cargo tank used, or intended for use, in connection with motor vehicles. 49 CFR Pt. 171.8 (October 2002). 2203.2 Emergency disconnect switches is amended to read as follows: An approved, clearly identified and readily accessible emergency disconnect switch shall be provided at an approved location to stop the transfer of fuel to the fuel dispensers in the event of a fuel spill or other emergency. An emergency disconnect switch for exterior fuel dispensers shall be located within 100 -feet of, but not less than 20 -feet from, the fuel dispensers. For interior fuel -dispensing operations, the emergency disconnect switch shall be installed in an approved location. Such devices shall be distinctly labeled as: EMERGENCY FUEL SHUTOFF. Signs shall be provided in approved locations and letters shall not be less than 3 inches (76.2 mm) in height and Y2 inches (12.7 mm) in stroke. 2204.4.1 Approved containers required is amended to read as follows: Class I, II and IIIA liquids shall not be dispensed into a portable container unless such container does not exceed 6 -gallon capacity, is listed or of approved material and construction, and has a tight closure with screwed or spring-loaded cover so designed that the contents can be dispensed without spilling. Liquids shall not be dispensed into portable tanks or cargo tanks. It shall be unlawful to sell, offer for sale or distribute any container for the storage and/or handling of flammable liquids, unless such container has been approved for such purpose under applicable provisions of this code. 2206.2.2 Above -ground tanks located inside buildings is amended to read as follows: Above -ground tanks for the storage of Class I, II and IIIA liquid fuels are allowed to be located in buildings. Such tanks shall be located in special enclosures complying with Section 2206.2.6, in a liquid storage room or a liquid storage warehouse complying with Chapter 34, and er shall be listed and labeled as protected above ground tanks. 2206.2.3 Above -ground tanks located outside, above grade is amended to read as follows: Above ground tanks shall not be used for the storage of Class I, II or IIIA liquid motor fuels except as provided by this section. 1. [No Changes] Page 14 of 24 11086-0001\1287554v1.doc 2. Above -ground tanks used for above grade storage of Class II or IIIA liquids be listed and labeled as protected above -ground tanks and be in accordance with Chapter 34. Tank locations shall be in accordance with Table 2206.2.3. 3. Tanks containing Class I liquids shall not exceed 12,000 gallons in individual capacity or 12,000 gallons in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 -feet. 4. [No Changes] 2206.2.4.1 Tank capacity limits is amended to read as follows: Tanks storing Class I liquids at an individual site shall be limited to a maximum individual capacity of 12,000 gallons and an aggregate capacity of 12,000 gallons. Tanks storing Class II and IIIA liquids at an individual site shall be limited to a maximum individual capacity of 12,000 gallons and an aggregate capacity of 48,000 gallons. Section 2209.3.4 is added to read as follows: 2209.3.4 Overhead lines. The proximity to overhead lines shall be not less than 50 feet from vertical plane below the nearest overhead wire of an electric trolley, train or bus line; and Not less than 5 feet from the vertical plane below the nearest overhead electrical wire. CHAPTER 23 HIGH PILED COMBUSTIBLE STORAGE 2301.3 Construction documents, item No. 7, is amended to read as follows: 7. Location and classification of commodities in accordance with Section 2303 and NFPA 13. Sections 2306.4.1, 2306.4.2 and 2306.4.3 are added to read as follows: 2306.4.1 Sprinkler design in warehouses. The automatic sprinkler systems designed for the protection of Group M and S occupancies containing high pile storage or high challenge commodities over an area equal to or greater than 2,500 ft.2, and for the protection of hazardous materials stored more than one pallet high in Group M, S or H occupancies shall be in accordance with this section. This section does not apply to miscellaneous storage within the scope of NFPA 13. 2306.4.2 Minimum Requirements for Client Leased or Occupant Owned Warehouses. The design of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible Fire Protection Engineer shall Page 15 of 24 11086-0001\1287554v1.doc perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The Engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. Technical Report shall clearly define the basis for determining the commodity and sprinkler design selection, along with how the commodities will be isolated or separated, and the referenced design document(s), including NFPA 13 or the current applicable Factory Mutual Data Sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. 2306.4.3 Identification of Sprinkler System Capabilities and Limitations - An adhesive label shall be permanently installed at or adjacent to each sprinkler riser. When a building contains more than four risers, the sign shall be located at an approved location inside the building. When sprinkler risers are located outside of the building, the sign shall be stamped metal. The minimum sign dimension is 6 -inches high by 4 -inches wide. The sign shall specify the capabilities and limitations of the automatic sprinkler system. The sign shall include the following information: 1. The design base or basis, including the edition used. 2. A statement indicating if the sprinkler design is control mode density area method, control mode specific application, suppression mode, or any combination thereof. 3. When used, all of the storage conditions stipulated NFPA 13 for Special Designs. 4. The maximum storage height. 5. The minimum required aisle width. 6. If storage is in racks, the maximum rack width and minimum transverse and longitudinal flue widths. 7. Commodities that can be protected by the automatic sprinkler system. 8. Commodities that cannot be protected by the automatic sprinkler system. 9. Limits on storage heights of idle wood and plastic storage. 10. Limits on storage heights of miscellaneous Group A plastic, tire and rolled paper storage. Page 16 of 24 11086-0001\1287554v1.doc 11. Locations where in -rack sprinklers are required. 12. Locations where horizontal and/or vertical barriers are required. 13. Information explaining the manufacturer, sprinkler identification number, k - factor, and operating temperature of the overhead sprinklers protecting the high pile storage. 2306.6 Building access is amended to read as follows Building access roads shall be provided within 150 feet of all portions of the exterior walls of buildings used for high -piled storage. Exception: [No Change] 2306.6.1.1 Number of doors required is amended to read as follows: A minimum of one access door shall be provided in each 100 lineal feet or fraction thereof, of the exterior walls. 2308.3 Flue spaces is amended to read as follows: Flue spaces shall be provided in accordance with Table 2308.3. Required flue spaces shall be maintained. In double row racks a pallet/commodity stop shall be provided along the longitudinal flue space at each level. The stop shall be steel or other ferrous material Y4' thick and in the mounted position shall extend a minimum of 4 -inches above the shelves or cross member, or other method approved by the authority having jurisdiction. CHAPTER 25 TIRE REBUILDING AND TIRE STORAGE Section 2501.3 is added to read as follows: 2501.3 Site plans. At the time of permit application for storing tires outdoors, a site plan shall be submitted to the fire code official identifying the location and dimensions of tire storage areas, tire pile dimensions and height, distance from buildings and property lines, width and location of aisles, and fire apparatus access roads 2505.1 Individual piles is amended to read as follows: Tire storage shall be restricted to individual piles that are 20 feet wide by 150 feet long. Pile width shall not exceed 25 -feet. Piles shall not exceed 10 feet in height. Tires shall be placed on solid, level ground. Sections 2505.10 and 2505.11 are added to read as follows: 2505.10 Dead -End Aisles. No dead-end aisles shall be allowed within the facility. Page 17 of 24 11086-0001\1287554v1.doc 2505.11 Stacking. The method of stacking shall be solid piles in an orderly stable array to be determined by the Fire Chief CHAPTER 27 HAZARDOUS MATERIALS — GENERAL PROVISIONS 2701.1 Scope — Exceptions Exception No. 8 deleted. 2701.5.2 Hazardous Materials Inventory Statement (HMIS) is amended to read as follows: Where required by Section 105.6 and 105.7 an application for a permit shall include an HMIS, such as SARA (Superfund Amendments and Reauthorization Act of 1986) Title III, Tier II Report, and/or The City of Temecula Fire Department Chemical Classification Reporting Package. A permit shall be completed and approved prior to approval of architectural and system plans, and/or storage, use or handling of chemicals on the premises. The HMIS for the The City of Temecula Fire Department shall include the following information: (replace existing items with the following) Common or Trade Name: This is the name of the chemical or product as it appears on the container label. 2. Chemical Name(s) and %: This is the technical name for the pure chemical. If the chemical is a mixture, list the components of the mixture with their percentage composition. If it is a pure chemical, list, the percent concentration, e.g. sulfuric acid --50%. 3. CAS number: The Chemical Abstract number can sometimes be found on the Material Safety Data Sheet. If not, a chemical manual should provide this information. A CAS number must be provided for each component of mixtures. 4. Material form: Is the product a solid, liquid or gas? Solids shall be reported in pounds, liquid reported in gallons, and gases reported in cubic feet. Liquefied petroleum gases and cryogenic liquids must be converted to gallons. Aerosols must be reported in pounds and classified as Level 1, 2, or 3 based on the flammability of the propellant and the product. However, the quantity of nonflammable/combustible components in the aerosol must be reported in gallons, e.g., .016 gallons (2 ounces) of tetramethrin in 'Combat Fogger', the .016 gallons of tetramethrin must also be included in the summary for that/those hazard class(es). Page 18 of 24 11086-0001\1287554v1.doc 5. Quantity Stored: The amount in storage within unopened containers in the building or area. 6. Quantity in Use: The amount in use in the process/dispensing area(s) of the building. Also, indicate whether the amount in use is in an open or closed system(s) 7. Location: Is the product in a cabinet, lab room, high -piled rack system, open vat, etc. 8. Hazard Class(es): All hazard classifications for the chemical must be listed. There may be several applicable classifications. 9. A color coded floor plan is required with all hazardous materials inventory statement reports. The floor plan needs to show locations of all the chemicals being stored, whether they are in use, storage or packaged for retail sales. The floor plan needs to be color coded for the different chemicals that are stored. If the commodities are stored on racks, please show the racks on the floor plan with the commodity location on the racks. IN : /e1 i I =I :4411110101 LVA W N *1.14 1ZHeF*"1I *? 3001.2 Permits is amended to read as follows: Permits shall be required as set forth in Section 105.6 and 105.7. Section 3001.3 is added to read as follows: 3001.3 Construction documents. Construction documents shall be submitted to the fire code official for approval prior to the installation or modification of compressed gas systems. CHAPTER 31 CORROSIVE MATERIALS 3101.2 Permits is amended to read as follows: Permits shall be required as set forth in Section 105.6 and 105.7. Section 3103.3 is added to read as follows: 3101.3 Construction documents. Prior to the installation or modification of piping, systems or tanks containing corrosive materials or the installation or modification of storage rooms for corrosive materials, construction documents shall be submitted to the authority having jurisdiction for approval. The construction documents shall be sealed and signed by a qualified California Registered Professional Engineer. Page 19 of 24 11086-0001\1287554v1.doc CHAPTER 34 FLAMMABLE AND COMBUSTIBLE LIQUIDS 3404.3.6.1 Container type is amended to read as follows: Containers for Class I liquids shall be metal. Exception: In sprinklered buildings, an aggregate quantity of 120 gallons (454 L) of water -miscible Class IB and Class IC liquids is allowed in nonmetallic containers, each having a capacity of 16 ounces (0.473 L) or less. Plastic containers may be used for Class II and III Liquids only when Individual containers are: 1. Stored less than 5 feet high; or 2. Confined to box bins protected by automatic sprinklers with in racks. CHAPTER 35 FLAMMABLE GASES 3501.2 Permits is amended to read as follows: Permits shall be required as set forth in Section 105.6 and 105.7. Section 3501.3 is added to read as follows: 3501.3 Construction documents. Prior to the installation or modification of piping, systems or tanks containing flammable gases or the installation or modification of storage rooms for flammable gases, construction documents shall be submitted to the Authority Having Jurisdiction for approval. The construction documents shall be sealed and signed by a qualified California Registered Professional Engineer. CHAPTER 38 LIQUIFIED PETROLEUM GASES 3801.2 Permits is amended to read as follows: Permits shall be required as set forth in Section 105.6 and 105.7. Distributors shall not fill an LP -gas container for which a construction permit is required until the installation has been inspected and approved by the fire code official. Section 3801.4 is added to read as follows: 3801.4 Operational Permit. An operational permit is required to operate a LP -Gas installation with an aggregate water capacity of more than 2,000 gallons or to use an open flame (flare) to dispose of LP Gas from a container. Page 20 of 24 11086-0001\1287554v1.doc Section 3809.15 is added to read as follows: 3809.15 Idle Cylinders. Cylinders in storage awaiting use shall be stored outside of Group A occupancies. APPENDICIES Appendix B B104.2 Area Separation is amended to read as follows Portions of buildings which are separated by fire walls without openings, constructed in accordance with the California Building Code, may be considered as separate fire flow area calculations. B105.1 One- and two-family dwellings is amended to read as follows: The minimum fire -flow requirements for one- and two-family dwellings having a fire flow calculation area which does not exceed 3,600 square feet shall be 1,000 gallons per minute. Fire flow and flow duration for dwellings having a fire flow calculation area in excess of 3,600 square feet shall not be less than 1,500 gpm @ 20 psi residual pressure for a 2 hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. Exception deleted. B105.2 Buildings other than one- and two-family dwellings is amended to read as follows: The minimum fire flow and flow duration for Commercial, Retail and Multi Family buildings shall have water mains capable of delivering a fire flow of not less than 4,000 gpm @ 20psi residual pressure for a 4 -hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. Exceptions deleted. Section B105.3 is added to read as follows B105.3 Industrial Buildings. Industrial developments shall have water mains capable of delivering a fire flow of not less than 6,000 gpm @ 20psi residual pressure for a 4 -hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. Appendix BB BB104.2 Area Separation is amended to read as follows: Portions of buildings which are separated by one or more four-hour area separation walls constructed in accordance with the California Building Code, Page 21 of 24 11086-0001\1287554v1.doc without openings and provided with a 30 -inch parapet, are may be allowed to be considered as separate fire areas. BB105.1 is amended to read as follows: The minimum fire flow duration for school buildings shall have water mains capable of delivering a fire flow of not less than 4,000 gpm @ 20psi residual pressure for a 4 -hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix CC. Exception deleted. Appendix C C102.1 Fire hydrant locations is amended to read as follows: Fire hydrants shall be provided at street intersection and along required fire apparatus access roads and adjacent public streets. Fire hydrants used or installed for the frontage requirements as stated by Table C105.1 shall be on the building side of fire department access roads and adjacent public streets. Table C105.1 Footnote c is amended to read as follows: Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems super fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. Water mains serving one and two-family residential developments, super fire hydrants shall be provided at spacing not to exceed 500 feet along the tract boundary for transportation hazards. Water mains serving multi -family, commercial and industrial developments, super or enhanced fire hydrants as determined by the Fire Chief shall be provided at spacing not to exceed 350 feet of frontage for transportation hazards. Appendix CC CC102.1 is amended to read as follows: Fire hydrants shall be provided at street intersection and along required fire apparatus access roads and adjacent public streets. Fire hydrants used or installed for the frontage requirements as stated by Table CC105.1 shall be on the building side of fire department access roads and adjacent public streets. Table CC105.1 Footnote c is amended to read as follows: Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems super fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. Water mains serving one and two-family residential developments, Page 22 of 24 11086-0001\1287554v1.doc super fire hydrants shall be provided at spacing not to exceed 500 feet along the tract boundary for transportation hazards. Water mains serving multi -family, commercial and industrial developments, super or enhanced fire hydrants as determined by the Fire Chief shall be provided at spacing not to exceed 350 feet of frontage for transportation hazards. 16.16.030 Penalties for violation. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this Chapter, or to violate the provisions of any permit granted pursuant to this Chapter. Any person, firm, corporation or association of persons violating any provision of this Chapter or the provisions of any permit granted pursuant to this Chapter, shall be deemed guilty of a misdemeanor unless specifically designated as an infraction. Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter or the provisions of any permit granted pursuant to this Chapter, is committed, continued, or permitted. Violations shall be punishable as provided in Chapters 1.20, 1.21, and 1.24 of the Temecula Municipal Code. Payment of any fine or penalty herein shall not relieve a person or entity from the responsibility for correcting the violation. IVAM- iL111wo P11IZ?Ii1T:1 lrxvir 115101" The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances." Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Page 23 of 24 11086-0001\1287554v1.doc PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of November, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of October, 2010, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of November, 2010, by the following vote: F-Ayd:.�Ko1l1►NllNdiIAdi1:l4:63 NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Page 24 of 24 11086-0001\1287554v1.doc