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110910 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 CFIR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS.PARK DRIVE NOVEMBER 9, 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. Next in Order: • Ordinance: 10-15 Resolution: 10-77 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Leilani Kilgore Invocation: Pastor Bill Savage of True Vine Pentecostal Church Flag Salute: Temecula Valley Young Marines ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Certificate of Congratulations to Naomi Daisy Young for her 100th Birthday Certificate of Appreciation to Bryna Bunderson for naming the Chapel of Memories Family Night in Temecula Proclamation 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. • 2 1 Standard Ordinance and Resolution.Adoption Procedure • RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of October 26, 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 September 30, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2010. 5 Review of City Conflict of Interest Code RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 December Schedule for City Council Meetings RECOMMENDATION: 6.1 Direct the City Clerk to cancel the regularly scheduled City Council Meeting of December 28, 2010 and perform the appropriate postings and noticing requirements of the Government Code. • 3 • 7 Fourth Amendment to the Agreement with the Friends of the Temecula Children's • Museum RECOMMENDATION: 7.1 Approve the "Fourth Amendment to Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop". 8 Third Amendment to the Joint Powers Agreement between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and City of Wildomar creating the Southwest Communities Financing Authority (Animal Shelter) RECOMMENDATION: 8.1 Approve the Third Amendment to the Joint Powers Agreement (JPA) between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and the City of Wildomar. 9 Riverside County Mortgage Credit Certificate Program RECOMMENDATION: • 9.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 10 Temporary Street Closures for 2010-2011 Winterfest Events RECOMMENDATION: 10.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2010-2011 Winterfest Events: 'ICE SKATING RINK AT TOWN SQUARE' 'SANTA'S ELECTRIC LIGHT PARADE' WINTER WONDERLAND' 'NEW YEARS EVE CELEBRATION' 11 Parcel Map 30404, located at the north west corner of Santiago Road and Ormsby Road RECOMMENDATION: • • 11.1 Approve Parcel Map 30404 in conformance with the Conditions of Approval. 4 • 12 Award a Construction Contract for Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way— Prolect No. PW09-07 •RECOMMENDATION: 12.1 Award a construction contract for Project No. PW09-07, Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way, to Sierra Pacific Electrical Contracting in the amount of$187,339.40; 12.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $18,733.94; 113 Make a finding that the Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Approval of Amendment No. 1 to the Professional Services Agreement with IRC Technologies, Inc. DBA Independent Roofing Consultants (IRC) for Additional Roofing and Waterproofing Inspection & Testing Services Associated with the Old Town Civic Center Project— PW 06-07 RECOMMENDATION: 13.1 Approve Amendment No. 1 to the Professional Services Agreement with IRC • Technologies, Inc. DBA Independent Roofing Consultants (IRC) for additional services associated with roofing and waterproofing inspection & testing services for the Old Town Civic Center Project in the amount of$10,000 and authorize the Mayor to execute the Amendment. 14 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Program — Nicolas Road — Project No. PW10-05C RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Nicolas Road — Project No. PW10-05C. 15 Approval of Purchase and Sale and Donation Agreement between the City of Temecula and Borchard-Temecula, LP, regarding the Real Properties identified as Riverside County Tax Assessor's Parcel Numbers 961-440-007, 961-440-008, 961-440-009, 961- 440-012, and 961-450-014 RECOMMENDATION: 15.1 Adopt a resolution entitled: • 5 RESOLUTION NO. 10- • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA• APPROVING, IN SUBSTANTIALLY THE FORM ATTACHED, THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD-TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961-440-007, 961-440-008, 961-440-009, 961-440-012, AND 961-450-014 (CONVEYANCE OF OPEN SPACE LAND)" 15.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 15.3 Authorize the Finance Director to issue a warrant for the sum of$1.00 for deposit with the Escrow Holder First American Title Insurance to complete the transaction; 15.4 Authorize the Finance Director to issue a warrant for an amount up to, and including, $30,000 for deposit with the Escrow Holder to clear title to the Subject Property if the City Manager authorizes the clearance of the monetary encumbrances and special assessments to clear title to the Subject Property described in the Agreement. • 16 Roripaugh Ranch —Approval of Fifth Operating Memorandum RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIFTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA, LLC AND THE CITY OF TEMECULA FOR HRA RORIPAUGH 1 LLC AND HRA RORIPAUGH 2 LLC, OWNERS OF TRACTS 29661-3 AND 29661-4 WITHIN THE RORIPAUGH RANCH PROJECT • .................... RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY .................... • 6 • 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 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of October 26, 2010. CSD BUSINESS 18 Addendum to the Youth Master Plan RECOMMENDATION: 18.1 Approve the addendum to the Youth Master Plan addressing youth with special needs. • . 7 CSD DIRECTOR OF COMMUNITY SERVICES REPORT • CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, November 23, 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. • • 8 • 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 19 Action Minutes RECOMMENDATION: 19.1 Approve the action minutes of October 26, 2010. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, November 23, 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. • 9 RECONVENE TEMECULA CITY COUNCIL • PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 20 Amendment of the California Building Codes RECOMMENDATION 20.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2010 CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL, OR TOPOGRAPHICAL CONDITIONS 20.2 Second reading and adoption of the Ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10-13 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 21 Amendment of the California Fire Code RECOMMENDATION: 21.1 Adopt a resolution entitled: • 10 RESOLUTION NO. 10- • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2010 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE 21.2 Second Reading and adoption of the ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10-14 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 CITY COUNCIL BUSINESS 22 Community Services Commission Appointments RECOMMENDATION: 22.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2013. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, November 23, 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. • • 11 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. 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. IQki M =1ki 11 Kae14=1ki UL1: 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. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of October 26, 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 September 30, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2010. 5 Review of City Conflict of Interest Code RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 December Schedule for City Council Meetings RECOMMENDATION: 6.1 Direct the City Clerk to cancel the regularly scheduled City Council Meeting of December 28, 2010 and perform the appropriate postings and noticing requirements of the Government Code. 7 Fourth Amendment to the Agreement with the Friends of the Temecula Children's Museum RECOMMENDATION: 7.1 Approve the "Fourth Amendment to Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop ". 8 Third Amendment to the Joint Powers Agreement between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and City of Wildomar creating the Southwest Communities Financing Authority (Animal Shelter RECOMMENDATION: 8.1 Approve the Third Amendment to the Joint Powers Agreement (JPA) between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and the City of Wildomar. 9 Riverside County Mortgage Credit Certificate Program RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 10 Temporary Street Closures for 2010 -2011 Winterfest Events RECOMMENDATION: 10.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2010 -2011 Winterfest Events: 'ICE SKATING RINK AT TOWN SQUARE' 'SANTA'S ELECTRIC LIGHT PARADE' 'WINTER WONDERLAND' 'NEW YEARS EVE CELEBRATION' 11 Parcel Map 30404, located at the north west corner of Santiago Road and Ormsby Road RECOMMENDATION: 11.1 Approve Parcel Map 30404 in conformance with the Conditions of Approval. 12 Award a Construction Contract for Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way — Project No. PW09 -07 RECOMMENDATION: 12.1 Award a construction contract for Project No. PW09 -07, Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way, to Sierra Pacific Electrical Contracting in the amount of $187,339.40; 12.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $18,733.94; 12.3 Make a finding that the Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Approval of Amendment No. 1 to the Professional Services Agreement with IRC Technologies, Inc. DBA Independent Roofing Consultants (IRC) for Additional Roofing and Waterproofing Inspection & Testing Services Associated with the Old Town Civic Center Project — PW 06 -07 RECOMMENDATION: 13.1 Approve Amendment No. 1 to the Professional Services Agreement with IRC Technologies, Inc. DBA Independent Roofing Consultants (IRC) for additional services associated with roofing and waterproofing inspection & testing services for the Old Town Civic Center Project in the amount of $10,000 and authorize the Mayor to execute the Amendment. 14 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Program —Nicolas Road — Proiect No. PW10 -05C RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Nicolas Road — Project No. PW10 -05C. 15 Approval of Purchase and Sale and Donation Agreement between the City of Temecula and Borchard - Temecula, LP, regarding the Real Properties identified as Riverside County Tax Assessor's Parcel Numbers 961- 440 -007, 961- 440 -008, 961- 440 -009, 961- 440 -012, and 961- 450 -014 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, IN SUBSTANTIALLY THE FORM ATTACHED, THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD - TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961 -440 -007, 961 - 440 -008, 961 -440 -009, 961 -440 -012, AND 961 - 450 -014 (CONVEYANCE OF OPEN SPACE LAND)" 15.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 15.3 Authorize the Finance Director to issue a warrant for the sum of $1.00 for deposit with the Escrow Holder First American Title Insurance to complete the transaction; 15.4 Authorize the Finance Director to issue a warrant for an amount up to, and including, $30,000 for deposit with the Escrow Holder to clear title to the Subject Property if the City Manager authorizes the clearance of the monetary encumbrances and special assessments to clear title to the Subject Property described in the Agreement. 16 Roripaugh Ranch —Approval of Fifth Operating Memorandum RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIFTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA, LLC AND THE CITY OF TEMECULA FOR HRA RORIPAUGH 1 LLC AND HRA RORIPAUGH 2 LLC, OWNERS OF TRACTS 29661 -3 AND 29661 -4 WITHIN THE RORIPAUGH RANCH PROJECT TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of October 26, 2010. CSD BUSINESS 18 Addendum to the Youth Master Plan RECOMMENDATION: 18.1 Approve the addendum to the Youth Master Plan addressing youth with special needs. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. C7BL'11doL 61 =1 ki 11 Ke7e14=1ki U7e1 V 19 Action Minutes RECOMMENDATION 19.1 Approve the action minutes of October 26, 2010 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 20 Amendment of the California Building Codes RECOMMENDATION 20.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2010 CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL, OR TOPOGRAPHICAL CONDITIONS 20.2 Second reading and adoption of the Ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10 -13 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 21 Amendment of the California Fire Code RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2010 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE 21.2 Second Reading and adoption of the ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10 -14 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 CITY COUNCIL BUSINESS 22 Community Services Commission Appointments RECOMMENDATION: 22.1 Appoint two applicants to serve full three -year terms on the Community Services Commission through October 10, 2013. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, November 23, 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. PRESENTATIONS N �11 ca i Ca O y Cc O x z Cdi 0 �:►, � '� x � c o ai •►v �o o� U cn� n` o ��ct •� U � N � O O O � N ca N rf N 'C u y . \\ / � o x G ct Z N § � \k « 0 0 W v v cC �w p ti ti tO U v C U N to u ct ' c� ct y W ICI N' v W W W y W. W r N � r U r . N t � r � � � y� �. p � to O CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 26, 2010 — 7:00 PM 6:16 P.M. - Closed Session of the City Council /Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 64966.8 regarding approximately 66.67 acres of vacant land generally located along the northern side of Temecula Creek, east of Jedediah Smith Road in the vicinity of Pechanga Parkway and Temecula Parkway, identified as Assessor's Parcel Numbers 961 -440 -007, 961 -440 - 008, 961 -440 -009, 961 -440 -012, and 961 -460 -014 (conveyance of open space land). Negotiating parties, Greg Butler, Director of Public Works and Amer Attar, Principal Engineer, regarding instructions to negotiators concerning price and terms. Negotiating parties may negotiate with the property owner, Borchard - Temecula, L.P. 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 6:17 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matter described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Earlene Bundy Invocation: Pastor Bill Cate of True Vine Pentecostal Church Flag Salute: Council Member Roberts ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero e[a�mM irMMU0113111 PRESENTATIONS /PROCLAMATIONS PUBLIC COMMENTS Having attended the Tribute to Veterans Event at the Veterans Park, Mr. Carl Tyler expressed his appreciation and presented pictures of the event to the City Council. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - 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 Washington who abstained. RECOMMENDATION: 2.1 Approve the action minutes of October 12, 2010. 3 List of Demands - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Homeland Security Grant Authorized Agent Designation - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: F-I'M �mM irMMU0113111 RESOLUTION NO. 10 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTIONS NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY 5 Resolution of Support of Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 - at the request of Council Member Washington - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a Resolution entitled: RESOLUTION NO. 10 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT PROPOSITION 22, THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010, WHICH WOULD PREVENT THE STATE FROM TAKING REVENUES CRITICAL TO PROVIDING POLICE, FIRE, EMERGENCY RESPONSE, PARKS, LIBRARIES, AND OTHER VITAL LOCAL SERVICES, AS WELL AS, PROTECTING REDEVELOPMENT REVENUE FROM STATE BORROWING OR TAKES WHICH INHIBIT ECONOMIC DEVELOPMENT 6 Resolution of Support- Southern California Association of Government (SCAG) Business Principles intended to strengthen Economic Development efforts - at the request of - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a Resolution entitled: RESOLUTION 10 -75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT'S (SCAG) DEVELOPMENT OF BUSINESS PRINCIPLES AIMED AT STRENGTHENING THE ECONOMIC DEVELOPMENT STRATEGIES FOR SOUTHERN CALIFORNIA F-I'M �mM irMMU0113111 7 Consent to TruGreen LandCare's withdrawal of its bid for the Maintenance of Caltrans Landscape Improvements Adjacent to the Civic Center and Parking Structure, Project No. PW -06 -07 and award the contract for this work to the second low bidder Pacific Restoration Group, Inc. - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Accept TruGreen LandCare's withdrawal of its bid for the Maintenance of Caltrans Landscape Improvements Adjacent to the Civic Center and Parking Structure, Project No. PW -06 -07 and their payment in the amount of $195 which represents the difference between the first and second ranked bidders; 7.2 Award the contract for the Maintenance of Caltrans Landscape Improvements Adjacent to the Civic Center and Parking Structure, Project No. PW06 -07, to Pacific Restoration Group, Inc., the second lowest responsible bidder, in the amount of $86,325; 7.3 Authorize the City Manager to approve change orders up to $8,632, which is 10% of the contract amount; 7.4 Reconfirm the findings of September 14, 2010, that this project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 8 Agreement for funding the acquisition of open space property (APN 940 - 140 -012) between Western Riverside County Regional Conservation Authority and the City of Temecula (Lowe Trust Property) - at the request of Mayor Comerchero and Mayor Pro Tern Roberts - Approved Staff Recommendation (5 -0 -0) — Council Member Roberts made the motion; it was seconded by Mayor Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 10 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (LOWE TRUST PROPERTY) At 7:18 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:26 P.M., the City Council resumed with regular business. F-11M �mM irMMU0113111 DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that the City Council gave direction to staff with regard to the one Closed Session item and that no action would be taken unless agendized for open session. ADJOURNMENT At 7:27 P.M., the City Council meeting was formally adjourned to Tuesday, November 9, 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] F-I'M �mM irMMU0113111 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: November 9, 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 II / 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 $7,285,972.76. 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 9th day of November, 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 9th day of November, 2010, by the following vote: F-A y d :. K o 1 l 1► [MIN i I A i 1: 7 4: 6 3 NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/21/2010 TOTAL CHECK RUN 10/28/2010 TOTAL CHECK RUN 10/28/2010 TOTAL PAYROLL RUN: $ 3,411,653.49 3,457,462.98 416,856.29 TOTAL LIST OF DEMANDS FOR 11/092010 COUNCIL MEETING: $ 7,285,972.76 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 5,072,234.36 120 DEVELOPMENT IMPACT FUND 50,000.00 130 RECOVERY ACT JAG FUNDING 2,635.30 131 ENERGY EFFICIENCY CONSERVATION GRANT 4,170.33 165 AFFORDABLE HOUSING 362,995.44 190 TEMECULA COMMUNITY SERVICES DISTRICT 326,971.74 192 TCSD SERVICE LEVEL B 144.53 194 TCSD SERVICE LEVEL D 942.03 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 10,405.11 197 TEMECULA LIBRARY FUND 172,590.49 210 CAPITAL IMPROVEMENT PROJECTS FUND 680,871.27 280 REDEVELOPMENT AGENCY - CIP PROJECT 16,810.52 300 INSURANCE FUND 595.49 320 INFORMATION SYSTEMS 55,450.68 330 SUPPORT SERVICES 10,493.57 340 FACILITIES 16,166.41 375 SUMMER YOUTH EMPLOYMENT PROGRAM 5,359.05 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 2,850.00 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 1,707.83 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 1,443.66 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 2,397.26 504 SERVICE LEVEL "C "ZONE 4 THE VINEYARDS 207.66 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 1,704.98 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 774.21 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 843.75 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 5,406.73 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 167.97 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 927.28 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 44.52 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 3,308.16 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP. 3,224.64 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 443.53 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 699.09 516 SERVICE LEVEL "C "ZONE 16 TRADEIN NDS 858.12 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 54.70 518 SERVICE LEVEL "C "ZONE 18 TEMEKU HILLS 3,770.75 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 2,715.03 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 5,821.79 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 14,095.93 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 483.79 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 480.83 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 8,498.84 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 2,936.11 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 55.67 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 964.49 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 13,288.89 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 103.94 $ 6,869,116.47 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 245,042.51 165 AFFORDABLE HOUSING 11,105.57 190 TEMECULA COMMUNITY SERVICES DISTRICT 105,368.26 192 TCSD SERVICE LEVEL B 142.24 194 TCSD SERVICE LEVEL D 1,036.06 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 910.03 197 TEMECULA LIBRARY FUND 412.88 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,672.88 300 INSURANCE FUND 1,450.25 320 INFORMATION SYSTEMS 24,526.98 330 SUPPORT SERVICES 5,723.66 340 FACILITIES 8,883.29 375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,095.87 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 91.68 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 61.18 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 72.53 504 SERVICE LEVEL "C "ZONE 4 THE VINEYARDS 13.39 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 147.62 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 26.59 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 38.03 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 250.58 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 1.99 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 11.10 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 6.99 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 167.01 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP. 35.71 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 20.81 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 17.83 516 SERVICE LEVEL "C "ZONE 16 TRADEWINDS 41.71 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 3.44 518 SERVICE LEVEL "C "ZONE 18 TEMEKU HILLS 154.72 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 82.98 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 224.60 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 379.58 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 9.04 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 9.96 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 213.76 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 68.69 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 2.95 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 9.96 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 315.27 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 6.11 416,856.29 TOTAL BY FUND: $ 7,285,972.76 apChkLst 10/21/2010 10:11:51AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1570 10/21/2010 013551 SUMMERHOUSE HOUSING ph I constr. 20 units:Summerhouse Dev 333,359.83 333,359.83 ASSOC 141408 10/21/2010 004765 ACTIVE NETWORK INC, THE 9/10 -8/11 software maint:Safari 18,931.25 18,931.25 141409 10/21/2010 012943 ALPHA MECHANICAL SERVICE HVAC maint: CRC 200.00 200.00 INC 141410 10/21/2010 000936 AMERICAN RED CROSS certificate processing:aquatics 8.00 8.00 141411 10/21/2010 012951 APPLIED DEVELOPMENT SEPT CNSLT SVCS:QUALITY OF LIFE 8,668.24 8,668.24 ECONOMICS PLAN 141412 10/21/2010 001323 ARROWHEAD WATER INC F -03 CH, DRINKING WATER /OPEN 1,009.00 1,009.00 PURCHASE 141413 10/21/2010 013755 BARE DANCE COMPANY Theater performance 10/24 -27 7,500.00 7,500.00 141414 10/21/2010 013384 BELAIRE WEST LANDSCAPE stop notice rec'd: JD Paving, Inc. - 22,997.63 INC SEPT CONST:WINCHESTER179N 167,400.00 144,402.37 141415 10/21/2010 009082 C B C TECHNICAL INC misc tech supplies: Theater 77.39 77.39 141416 10/21/2010 003138 CAL MAT PW patch truck materials 247.79 247.79 141417 10/21/2010 001159 CALIF DEPT OF JUSTICE Sept fingerprinting svcs:HR /PD 4,268.00 4,268.00 141418 10/21/2010 009640 CERTIFION CORPORATION Sept inv dbase subscr: police 176.85 176.85 141419 10/21/2010 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,410.43 1,410.43 141420 10/21/2010 013848 CLEMENTS, LISA refund ceramic creations 3715.204 40.00 40.00 141421 10/21/2010 004414 COMMUNITY WORKS DESIGN Aug lndscp design:RRSP basin 177.50 177.50 GROUP 141422 10/21/2010 006303 CONDUIT NETWORKS, INC ShoreTel equip install: Civic Ctr 4,992.00 4,992.00 141423 10/21/2010 006662 COPIES & MORE magnetic Iogo:pd crime prevention 26.10 26.10 Page :1 apChkLst Final Check List Page: 2 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141424 10/21/2010 001264 COSTCO WHOLESALE 141425 10/21/2010 013379 COUSSOU, CELINE (Continued) Description REFRESHMENTS:IE GIS MTG 10/13 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 141426 10/21/2010 010650 CRAFTSMEN PLUMBING & plumbing repairs: PBSP 171.50 52.88 HVAC INC 630.70 189.50 361.79 plumbing repairs: Meadows park 141427 10/21/2010 013560 CROWN BUILDING MAINT CO Septjanitorial svc:pd oldtown INC 141428 10/21/2010 008365 CROWNE HILL RESERVE 28 refund1rust acct dep:crowne hill LLC 141429 10/21/2010 003272 DAISYWHEEL RIBBON plotter supplies:info systems COMPANY INC 141430 10/21/2010 002990 DAVID TURCH & ASSOCIATES Sept -Oct lobbyist cnslt svc:CM 141431 10/21/2010 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 141432 10/21/2010 003945 DIAMOND ENVIRONMENTAL Oct restroom svc: GOHS SRVCS 141433 10/21/2010 012581 DMC BUILDING COMPANY, INC. refund:deposit for CofA:PA07 -0229 141434 10/21/2010 004192 DOWNS COMMERCIAL Fuel for Cityvehicles: TCSD FUELING INC Fuel for Cityvehicles: PW Maint Fuel for Cityvehicles: PW Land Dv Fuel for City vehicles: PW C IP Fuel for Cityvehicles: PW Traffic Fuel for Cityvehicles: Code Enf /Pln Fuel for Cityvehicles: B &S Fuel for Cityvehicles: CM 141435 10/21/2010 002390 EASTERN MUNICIPAL WATER Sep water meter:39656 Diego Dr DIST Amount Paid Check Total 42.57 42.57 193.20 7,000.00 140.00 764.75 171.50 52.88 126.00 630.70 189.50 361.79 551.29 250.00 250.00 3,000.00 3,000.00 257.86 257.86 7,000.00 7,000.00 764.75 764.75 52.88 52.88 50,000.00 50,000.00 1,671.43 1,341.29 154.15 311.06 199.04 486.41 339.31 37.45 4,540.14 209.75 209.75 Page2 apChkLst Final Check List Page: 3 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141436 10/21/2010 004068 ECALDRE MANALILI -DE VILLA, TCSD Instructor Earnings 362.25 AILEEN TCSD Instructor Earnings 346.50 TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 173.25 TCSD Instructor Earnings 425.25 TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 141.75 1,921.50 141437 10/21/2010 013839 ERICKSON, MARK Innerstate Dance Project 10/27/10 500.00 500.00 141438 10/21/2010 003665 EXCEL COMMERCIAL Sep long distance phone svcs 53.71 53.71 141439 10/21/2010 003747 FINE ARTS NETWORK sttlmnt: Hansel & Gretel Oct '10 675.75 675.75 141440 10/21/2010 004074 FRANCHISE MGMT SERVICES rec supplies: MPSC Halloween 181.04 181.04 INC 141441 10/21/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 10/1 & 10/8 222.60 222.60 141442 10/21/2010 010326 G E MOBILE WATER, INC Oct power washer maint:Stn 73 147.27 147.27 141443 10/21/2010 001937 GALLS INC uniforms: police motorcycle unit 711.45 711.45 141444 10/21/2010 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 10/9 210.00 210.00 141445 10/21/2010 000177 GLENN IES OFFICE PRODUCTS Office supplies: Finance 210.22 INC Office Supplies: MPSC 225.74 Office supplies: Planning 179.82 Office Supplies: CRC 456.74 Office supplies: B &S 119.94 Office Supplies: TCSD 345.09 Office Supplies: TV Museum 45.64 Office Supplies: Theater 196.74 Office Supplies: Fire Dept 334.60 Office Supplies: Info Sys /GIS 189.56 OFFICE SUPPLIES: PW 272.13 Office supplies: HR 146.70 2,722.92 141446 10/21/2010 013840 HAINES, MARK Innerstate Dance Project 10/27/10 500.00 500.00 141447 10/21/2010 002109 H D SUPPLY CONSTR. SUPPLY misc supplies: PW Maint 71.32 71.32 LTD Pages apChkLst Final Check List Page: 4 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141448 10/21/2010 004984 INDEPENDENT ROOFING SEPT ROOF INSPECT: CIVIC CENTER 6,302.50 6,302.50 CONSULTANT 141449 10/21/2010 005579 INLAND EMPIRE PROPERTY weed abatement:pujol st property 2,560.00 2,560.00 141450 10/21/2010 013695 INLAND EMPIRE SHRED IT 10/11 doc shred svc: City Hall 35.00 35.00 141451 10/21/2010 003266 IRON MOUNTAIN OFFSITE Sept offsite media storage: records 420.63 420.63 141452 10/21/2010 010428 ITS A DOGS WORLD K -9 TCSD Instructor Earnings 485.10 485.10 ACADEMY 141453 10/21/2010 012295 JAMESON MANAGEMENT INC door sensor install: Library 1,034.13 1,034.13 141454 10/21/2010 013741 JOEY LANZA PAINTING ext painting:res imp pgm Williams 2,350.00 2,350.00 141455 10/21/2010 013836 JOHNSTON, WILLIAM Innerstate Dance Project 10/27/10 500.00 500.00 141456 10/21/2010 003046 K F R O G 95.1 FM RADIO radio broadcast: hot summer nts 100.00 radio broadcast: hot summer nts 1,159.00 1,259.00 141457 10/21/2010 000820 K R W & ASSOCIATES Sept eng planck svc:pw Ind dv 715.00 715.00 141458 10/21/2010 006750 KB HOME COASTAL, INC. refund:O/T inspections:Valdemosa 2,000.00 2,000.00 141459 10/21/2010 013841 LAMBERT, TENNILLE Innerstate Dance Project 10/27/10 500.00 500.00 141460 10/21/2010 012065 LANCE, SOLL & LUNGHARD '10 State Controller's rpt: Finance 1,750.00 1,750.00 LLC 141461 10/21/2010 004412 LEANDER, KERRY D. TCSD instructor earnings 1,050.00 TCSD instructor earnings 924.00 TCSD instructor earnings 409.50 TCSD instructor earnings 420.00 2,803.50 141462 10/21/2010 000482 LEIGHTON CONSULTING INC Aug geotech testing: TCC 1,772.00 1,772.00 141463 10/21/2010 004312 LENNAR COMMUNITIES refund:O/T inspections: Prescott 2,000.00 refund:O/T inspections: Emery Place 2,000.00 refund:trust acct dep:Stonebriar 2,000.00 refund:O/T inspect:Barrington @ Haw. 2,000.00 8,000.00 Page:4 apChkLst Final Check List Page: 5 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141464 10/21/2010 003726 LIFE ASSIST INC medical supplies: Paramedics 73.50 medical supplies: Paramedics 18.88 92.38 141465 10/21/2010 013849 LIVINGSTON, KIRSTEN refund:sec dep:rm rental:TCC 150.00 150.00 141466 10/21/2010 004141 MAINTEX INC Cleaning & maint supplies:crc 161.53 credit:retumed supplies /city hall, foc -21.75 janitorial supplies:var park sites 701.72 841.50 141467 10/21/2010 013837 MARSHALL, DANIEL Innerstate Dance Grant Payment 10/27 500.00 500.00 141468 10/21/2010 006571 MELODYS AD WORKS INC. Reimbursements old town marketing 163.76 163.76 141469 10/21/2010 004002 MILNER, DAVID ..cityoftemecula.org" decal Fire Prev 28.28 28.28 141470 10/21/2010 013724 MITCHELL CONSTRUCTION Paint Exterior: RIP Garzon 4,750.00 Res Impry Prgm: Williams 2,800.00 7,550.00 141471 10/21/2010 005887 MOFFATT & NICHOL 6/27 -8/28 consulting swcs:f.v. /I -15 130,077.30 130,077.30 ENGINEERS 141472 10/21/2010 013773 MR BILLS TOUCH -UP SERVICE, Veh repair& maint:code truck 1,100.00 1,100.00 INC 141473 10/21/2010 002292 OASIS VENDING Kitchen supplies:city hall 256.52 256.52 141474 10/21/2010 010167 ODYSSEY POWER Equip repair & maint:info systems 435.43 435.43 CORPORATION 141475 10/21/2010 003964 OFFICE DEPOT BUSINESS SVS Office supplies:childrens museum 33.06 33.06 DIV 141476 10/21/2010 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 91.57 City Vehicle Maint Svcs:TCSD 379.82 City Vehicle Maint Svcs:TCSD 62.22 City Vehicle Maint Svcs:TCSD 55.00 808.61 141477 10/21/2010 001171 ORIENTAL TRADING COMPANY Recreation supplies:c.museum 71.84 71.84 INC 141478 10/21/2010 000359 PARKER, HERMAN ee computer purchase program 1,196.24 1,196.24 Pages apChkLst Final Check List Page: 6 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141479 10/21/2010 012833 PC MALL GOV, INC. Misc computer supplies:info sys 717.75 717.75 141480 10/21/2010 013838 PETERS, JAMES Innerstate Dance Grant Payment 10/27 500.00 500.00 141481 10/21/2010 000249 PETTY CASH Petty Cash Reimbursement 366.89 366.89 141482 10/21/2010 010338 POOL & ELECTRICAL Fountain supplies:town square 17.55 17.55 PRODUCTS INC 141483 10/21/2010 005075 PRUDENTIAL OVERALL SEP UNIFORM /FLR MTS/TWL 1,556.29 1,556.29 SUPPLY RENTALS:CTY FACS 141484 10/21/2010 000262 RANCHO CALIF WATER Sep varwater meters:28922 pujol st 98.49 DISTRICT Aug -Sep water meters:maint fac exp 382.32 Sep var water meters:TCSD 1,204.13 Sep var water metem:tcsd & pw 2,602.52 Sep var water meters:mercedes st 307.93 Sep d.c. water meter:mercedes st 590.13 Sep var water meters: Fire Stns 641.49 Sep floating meter- com:PW 149.58 Sep var water meters:41000 main st 2,097.03 Sep var water metem:tcsd svc lev C 42,745.29 50,818.91 141485 10/21/2010 000947 RANCHO REPROGRAPHICS Reproduction swcs:civic center 68.51 68.51 141486 10/21/2010 013850 RASHID, INTEKHAB refund:sec dep rental harveston 150.00 150.00 141487 10/21/2010 013348 RESERVE AT CROME HILL, Disbursement & Release agmint pmt 800,000.00 800,000.00 THE 141488 10/21/2010 006607 RICHMOND AMERICAN HOMES refund1rust acct dep:Avondale 1,500.00 1,500.00 141489 10/21/2010 000353 RIVERSIDE COAUDITOR Sept '10 parking citation asmnts 5,735.86 5,735.86 141490 10/21/2010 005334 RIVERSIDE CO FACILITIES FY 09/10 library operation swcs 167,440.00 167,440.00 MGMT 141491 10/21/2010 000406 RIVERSIDE CO SHERIFFS F.I.T. patrol swcs:Police 743.48 DEPT 7/29 -8/25: law enforcement 1,439,639.33 1,440,382.81 141492 10/21/2010 013846 SAFE CONSTRUCTION refund:elect fees chg'd in 21.84 21.84 Pages apChkLst Final Check List Page: 7 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141493 10/21/2010 013169 SCHINSKY, WILLIAM C. Sept exhibit id & cataloging:vail ranch 1,880.00 1,880.00 141494 10/21/2010 010803 SEAN MALEK ENGINEERING & Sep const pmt:rmp desilting basin 15,108.42 CONST Partial retention release:rrsp desilt 1,271.86 16,380.28 141495 10/21/2010 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10/7/10 378.00 378.00 141496 10/21/2010 013847 SLUSSER, LAWRENCE refund:overcollected dues:BL #024129 175.00 175.00 141497 10/21/2010 000537 SO CALIF EDISON Aug 2 -32- 903 - 8293:41000 main st 230.45 Sep 2 -26 -887- 0789:40233 vlg rd PED 2,390.42 Sep 2 -27 -560- 0625:32380 deerhollow 4,100.73 Oct 2 -30- 099 - 3847:29721 ryecrest 24.02 Sep 2 -30- 296 - 9522:31035 rncho vista 422.11 Sep 2 -00- 397- 5059:Comm Svc Utl 10,036.03 Sep 2 -28- 171 - 2620:40820 Winchester 1,312.19 Sep 2 -29- 974 - 7568:26953 ynez TC1 117.96 Sep 2 -31- 419 - 2659:26706 ynez TC1 82.43 18,716.34 141498 10/21/2010 001212 SO CALIF GAS COMPANY Oct 015 -575- 0195- 2:32211 wolf vly rd 117.12 Oct 055- 475- 6169 - 5:32380 deerhollow 171.06 288.18 141499 10/21/2010 000519 SOUTH COUNTY PEST pest control services: fire stn 92 42.00 CONTROL INC pest control services: oatc 48.00 Sept pest control swcs:city fac's 589.00 679.00 141500 10/21/2010 005786 SPRINT Aug 26 -Sept 25 cellular usage /equip 6,528.93 6,528.93 141501 10/21/2010 009805 STANDARD PACIFIC OF refund:tmst acct dep:Aspen 1,239.07 1,239.07 INLAND 141502 10/21/2010 006145 STENO SOLUTIONS Sept transcription swcs:Police 904.96 904.96 TRANSCRIPTION 141503 10/21/2010 013387 SWEEPING UNLIMITED INC Oct sweeping swcs:parking garage 500.00 500.00 141504 10/21/2010 012119 TANK SPECIALISTS OF Fuel tank testing: Fire 450.00 450.00 CALIFORNIA 141505 10/21/2010 000305 TARGET BANK BUS CARD Hospitality su pplie s:Th eater 21.70 SRVCS PROGRAM SUPPLIES HIGH HOPES 41.36 63.06 141506 10/21/2010 011736 TEMECULA TROPHY INC RECOGNITION AWARDS& 2,259.83 PLAQUES:MSYEP 2 recogn plaques:tcsd 140.29 Recognition awards:city commission 554.63 2,954.75 Page:7 apChkLst Final Check List Page: 8 10/21/2010 10:11:51AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141507 10/21/2010 010046 TE MECU LA VALLEY CONVENTION & 141508 10/21/2010 000311 TEMECULA VALLEY HIGH SCHOOL 141509 10/21/2010 003941 TEMECULA WINNELSON COMPANY 141510 10/21/2010 010276 TIME WARNER CABLE 141511 10/21/2010 000668 TIMMY D PRODUCTIONS INC 141512 10/21/2010 013845 TNT TRANSPORT SERVICES 141513 10/21/2010 012725 TRZOP. NICHELLE 141514 10/21/2010 005460 U S BANK 141515 10/21/2010 004261 VERIZON 141516 10/21/2010 004789 VERIZON ONLINE (Continued) Description Amount Paid Aug 10 Bus. Impw District Asmnts 89,382.48 fy 10/11 boys basketball game prgm ad Plumbing supplies: various park sites Oct high speed intemet:32211 wolf vly Oct high speed intemet:32364 overland Oct high speed intemet:City Hall SOUND TECHNICIAN '10 VOL RECOGN 9/26 Sound technician: F.I.T. 5K/1 OK 9/12 refund:fees chg'd in error:B10 -1630 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TRUSTEE FEES: 2010 RDA SERIES A & B TRUSTEE FEES:CFD 01 -2 HARVESTON I Oct xxx -5473 gen usage:moraga rd Oct xxx -0682 gen usage:civic ctr camera Oct xxx -0714 gen usage:PD mall alarm Oct xxx -9661 general usage Oct xxx -7562 gen usage:irrig controller Oct xxx -2372 gen usage:wolf crk pk img Oct xxx -0074 general usage Oct xxx -3143 gen usage:PD overland Oct xxx -6084 general usage Oct xxx -8573 general usage Oct xxx -0073 general usage Oct xxx -3910 gen usageA st st irrig Oct xxx -1341 gen usage:Theater Oct xxx -1941 gen usage:pta cd ttacsd Oct Internet svcs:City Hall 141517 10/21/2010 001342 WAXIE SANITARY SUPPLY INC Cleaning supplies:var city facilities 141518 10/21/2010 000339 WEST PUBLISHING CORP 9/5 -10/4 judicial updates: City Clerk 50.00 181.52 102.32 44.95 241.48 850.00 600.00 117.00 2,016.00 1,848.00 3,024.00 3,027.82 3,350.00 2,850.00 36.09 92.49 78.43 134.77 38.28 36.09 74.22 50.87 34.99 36.09 47.01 39.76 230.79 2.42 459.98 1.129.63 152.28 Check Total 89,382.48 50.00 181.52 388.75 1,450.00 117.00 9,915.82 6,200.00 932.30 459.98 1,129.63 152.28 PageE apChkLst i I'V4 Will Di 11311 %S G1 Ji Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141519 10/21/2010 013682 X- ACTTECHNOLOGY SOLUTIONS Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Equipment/Installation Swcs: RDA 4,375.72 Grand total for UNION BANK OF CALIFORNIA: Page: 9 Check Total 4,375.72 3,411,653.49 Page9 apChkLst Final Check List Page: 10 10/21/2010 10:11:51AM CITY OF TEMECULA 113 checks in this report. Grand Total All Checks: 3,411,653.49 Page 10 apChkLst 10/28/2010 2:22:26PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1571 10/28/2010 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 1572 10/28/2010 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,783.80 2,783.80 SOLUTION 1573 10/28/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 124,305.71 124,305.71 RETIREMENT) 1574 10/28/2010 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,773.84 11,773.84 SOLUTION 1575 10/28/2010 000283 INSTATAX (IRS) Federal Income Taxes Payment 77,059.86 77,059.86 1576 10/28/2010 000444 INSTATAX (EDD) State Disability Ins Payment 24,375.55 24,375.55 141520 10/25/2010 013801 DONOVAN, II, RICHARD A Theater perfonnance:9 /21 -10/27 1,500.00 1,500.00 141521 10/27/2010 003203 ARTISTIC EMBROIDERY STATE BOARD OF EQUALIZATION 362.66 362.66 141522 10/28/2010 013367 ACTIVE MICRO INC MISC TOOLS /EQUIP: PWTRAFFIC 681.96 681.96 141523 10/28/2010 013696 ADRYLAN COMMUNICATIONS network cnslt/repair: Info Sys 425.00 425.00 INC 141524 10/28/2010 003951 ALL AMERICAN ASPHALT Oct const:rancho cal pave rehab 25,742.84 25,742.84 141525 10/28/2010 006915 ALLIE'S PARTY EQUIPMENT EQUIP RENTAL: OTQUILTSHOW 10/2 719.09 719.09 141526 10/28/2010 004240 AMERICAN FORENSIC NURSES DUI & DRUG SCREENINGS: POLICE 492.96 (AFN) DUI & DRUG SCREENINGS: POLICE 698.36 1,191.32 141527 10/28/2010 004431 AMERICAN PAYROLL Yr End Prep cf LA 10 /27:Jorgenson, M 395.00 395.00 INSTITUTE INC 141528 10/28/2010 002187 ANIMAL FRIENDS OF THE Sept animal control services 13,000.00 13,000.00 VALLEYS 141529 10/28/2010 002541 BECKER CONSTRUCTION street maint:rainbow canyon 6,265.00 6,265.00 SRVS INC Pagel apChkLst Final Check List Page: 2 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141530 10/28/2010 004040 BIG FOOT GRAPHICS TCSD instructor earnings 588.00 TCSD instructor earnings 504.00 entertainment: harvest carnival 300.00 1,392.00 141531 10/28/2010 000128 BROWN & BROWN OF CALIF WORKERS' COMP INSTALLMENT 81,437.00 81,437.00 INC PAYMENTFOR NOV 141532 10/28/2010 004778 BUREAU VERITAS NORTH Oct plan ck svcs: B &S 1,847.69 1,847.69 AMERICA 141533 10/28/2010 006908 C C & COMPANY INC entertainment: harvest carnival 275.00 275.00 141534 10/28/2010 003138 CAL MAT PW patch truck materials 222.94 PW patch truck materials 360.89 PW patch truck materials 238.42 PW patch truck materials 328.63 1,150.88 141535 10/28/2010 001054 CALIF BUILDING OFFICIALS CALBO training 11/15 -18: B &S 1,200.00 1,200.00 141536 10/28/2010 004971 CANON FINANCIAL SERVICES, Oct copier leases: Library 2,836.52 2,836.52 INC 141537 10/28/2010 013855 CENTER, KAREN refund:prkg cite viol dismissed 77628 70.00 70.00 141538 10/28/2010 005829 CHABAD OF TEMECULA refund: room rental Library 90.00 90.00 VALLEY 141539 10/28/2010 011365 CLOSSICK, LISA refund: Teen Lock -In CRC 5.00 5.00 141540 10/28/2010 013484 COMMUNITY ASSOCIATIONS refund:sec dep:picnic rental:Harveston 210.00 210.00 141541 10/28/2010 004405 COMMUNITY HEALTH Community Health Charities Payment 66.00 66.00 CHARITIES 141542 10/28/2010 000442 COMPUTER ALERT SYSTEMS alarm system svc: PBSP 75.00 alarm system svc: CH Museum 75.00 alarm system svc:wedding chapel 150.00 alarm system svc: TV Museum 75.00 375.00 141543 10/28/2010 001264 COSTCO WHOLESALE Artist Hospitality: Theater 143.07 Artist Hospitality: Theater 10.14 153.21 141544 10/28/2010 010650 CRAFTSMEN PLUMBING & plumbing repair: Fld Op Ctr 271.13 271.13 HVACINC Page2 apChkLst 10/28/2010 2:22:26PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141545 10/28/2010 013560 CROWN BUILDING MAINT CO Septjanitorial svc:city facilities 4,077.02 4,077.02 INC 141546 10/28/2010 004123 D L PHARES & ASSOCIATES Nov lease pmt:pd old town office 2,828.70 2,828.70 141547 10/28/2010 001393 DATA TICKET INC Sept citation processing:police 1,409.45 1,409.45 141548 10/28/2010 012600 DAVID EVANS &ASSOCIATES SEPT CNSLT: BUTTERFIELD STAGE RD 12,040.96 12,040.96 INC 141549 10/28/2010 003945 DIAMOND ENVIRONMENTAL portable restrooms:old town 8/6 225.00 225.00 SRVCS 141550 10/28/2010 013801 DONOVAN, II, RICHARD A Theater perfonnance:9 /21 -10/27 1,500.00 1,500.00 141551 10/28/2010 004192 DOWNS COMMERCIAL Fuel for Cityvehicles: Police 70.69 70.69 FUELING INC 141552 10/28/2010 002390 EASTERN MUNICIPAL WATER Oct water meter: 39569 seraphina rd 658.56 658.56 DIST 141553 10/28/2010 001056 EXCEL LANDSCAPE Sept landscape maint:n slopes 19,749.97 Sept landscape maint:sp parks 50,935.88 Sept landscape maint:s slopes 34,844.87 Sept landscape maint:medians 14,269.70 Sept landscape maint: parks 47,825.10 Sept landscape maint:city facilities 8,885.54 176,511.06 141554 10/28/2010 000206 FEDEX KINKOS INC misc shipping supplies: Ctrl Svc 65.20 65.20 141555 10/28/2010 004000 FENCING BYACREY INC Res Impr Pgm: Lucas, Pauline 2,400.00 2,400.00 141556 10/28/2010 003747 FINE ARTS NETWORK sttlmnt adj:stg equip /labor hnsl /grtl 310.00 310.00 141557 10/28/2010 013796 FINGERPRINT AMERICA child fingerpnnting kits:police 3,556.00 3,556.00 Pages apChkLst Final Check List Page: 4 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141558 10/28/2010 003347 FIRST BANKCARD CENTER 64.73 012112 PALUMBOS RISTORANTE 1,874.00 006952 PAYPAL 30.19 006952 PAYPAL 20.88 013863 SE SYSTEMS, INC. 60.00 010775 DIGI -KEY CORPORATION 210.00 000515 TEMECULA VALLEY CHAMBER 375.00 OF 57.00 006952 PAYPAL 252.23 004380 BOY SCOUTS OF AMERICA 259.91 000418 RIVERSIDE CO CLERK& 91.08 RECORDER 190.00 013611 MANHATAN DELI 638.40 008845 SCARCELLAS ITALIAN GRILL 50.00 012112 PALUMBOS RISTORANTE 38.50 001587 AMERICAN PUBLIC WORKS 124.60 163.10 ASSN. 141559 10/28/2010 011145 FOSTER, JILL C. 141560 10/28/2010 002982 FRANCHISE TAX BOARD 141561 10/28/2010 011967 FULL VALUE ENTERTAINMENT 141562 10/28/2010 013552 GANDS PRODUCTIONS LLC 141563 10/28/2010 003792 GRAINGER 141564 10/28/2010 006250 HAZ MAT TRANS INC 141565 10/28/2010 001135 HEALTH POINTE MEDICAL GROUP INC 141566 10/28/2010 013749 HELIXSTORM INC. (Continued) Description Amount Paid Check Total SN meal:sw city mgrs mtg 9/23 47.31 employee industrial care svc:HR TT micro usb car power chgr:lnfo Sys 64.73 141.71 461.17 TT siteimprove sitechk svcs:lnfo Sys 1,874.00 CTR TT microphone adaptor: Info Sys 30.19 TT (5) digi -key fuses: Library 20.88 AA regist:Wmn /Business CD /GW 60.00 AA St of Rv Co Address 9/30 (6) 210.00 AA BSOA'10 ctzn dnr SN /AAJCW 375.00 SJ recorded docs regulatory fl es:R DA 57.00 SJ meal closed council session 9/14 252.23 SJ meal closed council session 9/28 259.91 SN meal:higher educ found mtg 9/15 91.08 GB cmplt str cf 10 /14:GB /PR 190.00 3,532.33 TCSD instructor earnings 638.40 638.40 SUPPORTPAYMENT 50.00 50.00 sttlmnt: Live at the Merc 10/15 38.50 sttlmnt: Live at the Merc 10/22 124.60 163.10 sttlmnt: Country at the Merc 10/23 540.00 sttlmnt: Country at the Merc 10/16 487.30 1,027.30 fire extinguisher training sys:Fire 8,851.40 8,851.40 hazardous waste disposal: PW 1,081.31 1,081.31 employee industrial care svc:HR 119.93 employee industrial care svc:HR 199.03 employee industrial care svc:HR 0.50 employee industrial care svc:HR 141.71 461.17 VIRTUAL DATA INTEGRATION: CIVIC 4,170.33 4,170.33 CTR Page:4 apChkLst Final Check List Page: 5 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141567 10/28/2010 010210 HOME DEPOT SUPPLY INC, maintenance supplies: MPSC 108.64 108.64 THE 141568 10/28/2010 007618 HOT AUGUST NIGHT Theater perfomiance:11 /5/10 1,500.00 1,500.00 141569 10/28/2010 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 5,332.06 5,332.06 303355 141570 10/28/2010 004406 IGOE & COMPANY INC Oct flex benefit plan pmt 220.00 credit: billing adj (43) Oct -5.00 215.00 141571 10/28/2010 008662 INLAN D VALLEY VICTORY Refund: secunty deposit CRC 150.00 150.00 CHURCH 141572 10/28/2010 006914 INNOVATIVE DOCUMENT Sept copier maint/usage:citywide 3,673.50 SOLUTIONS Sept copier maint/u sage: Libmry 738.69 4,412.19 141573 10/28/2010 003046 K F R O G 95.1 FM RADIO broadcasting: OT quilt show 950.00 950.00 141574 10/28/2010 013856 KIM, JOON refund:prkg cite overpmt H894635 85.00 85.00 141575 10/28/2010 001282 KN OR SYSTEMS INC misc pool supplies: aquatics 239.96 239.96 141576 10/28/2010 011910 L H ENGINEERING COMPANY OCT CONST:OLD TOWN STIR IMPRV 132,194.40 132,194.40 INC 141577 10/28/2010 000482 LEIGHTON CONSULTING INC Geotech svcs: Old Town 712.00 712.00 141578 10/28/2010 004176 LEVEL 3 COMMUNICATIONS Oct Long distance & intemet svcs 741.00 741.00 LLC 141579 10/28/2010 004905 LIEBERT, CASSIDY& Sept HR legal svcs for TE060 -09 48.00 WHITMORE Sept HR legal svcs for TE060 -01 108.00 156.00 141580 10/28/2010 003726 LIFE ASSIST INC Medical Supplies: Paramedics 651.09 Medical Supplies: Paramedics 24.50 Medical Supplies: Paramedics 26.17 Medical Supplies: Paramedics 552.16 Medical Supplies: Paramedics 5.24 1,259.16 141581 10/28/2010 008610 M C R STAMPS Entertainment:high hopes pgrm 10/15 25.00 25.00 141582 10/28/2010 003782 MAIN STREET SIGNS Misc street name signs:PW Maint 208.80 208.80 Pages apChkLst Final Check List Page: 6 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 141583 10/28/2010 013858 MARCELLETTI, MELINDA (Continued) Description Amount Paid refund:sec dep:picnic rental: RRSP 150.00 Check Total 150.00 141584 10/28/2010 000944 MCCAIN TRAFFIC SUPPLY INC purch & install:traffc sig sync ph 2 106,017.63 purch & install:traffic sig sync ph 1 38,579.29 144,596.92 141585 10/28/2010 013857 MEDCALF, DAVID refund:prkg cite viol dismissed 77453 70.00 70.00 141586 10/28/2010 013448 MESA FENCE COMPANY INC Res impry pgrm: Williams 1,069.00 1,069.00 141587 10/28/2010 009606 MGT OF AMERICA INC fy 07/08 st. mandate cost claim 8,980.20 fy 06/07 st. mandate cost claim 1,374.00 10,354.20 141588 10/28/2010 012580 MINUTEMAN PRESS business cards: D. Samiiento 54.35 54.35 141589 10/28/2010 001868 MIYAMOTO- JURKOSKY, SUSAN TCSD Instructor Earnings 302.40 A. TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 340.20 TCSD Instructor Earnings 415.80 1,932.00 141590 10/28/2010 004155 MUFFLERS WEST & BRAKE Tow Hitch: citizen corps trailer 326.25 326.25 141591 10/28/2010 001986 MUZAK - SOUTHERN Nov satellite music: old town 69.11 CALIFORNIA Nov media broadcasting signal: FOC 103.66 172.77 141592 10/28/2010 002925 NAPA AUTO PARTS Auto parts & supplies: Sta 84 57.04 Auto parts & supplies: Sta 84 89.34 Auto parts & misc supplies: Fire Stn 73 4.99 151.37 141593 10/28/2010 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd mall office 41.52 DIV Office supplies:childrens museum 18.48 60.00 141594 10/28/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 15.00 City Vehicle Maint Svcs:Bldg & Safety 409.15 424.15 141595 10/28/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 110.00 141596 10/28/2010 001171 ORIENTAL TRADING COMPANY Misc supplies:tcsd holiday events 142.03 INC Recreation supplies: MPSC 436.55 Recreation supplies: MPSC 12.99 591.57 141597 10/28/2010 005015 PALA RAINBOW, LLC Refund:eng deposit /pm30180 pala mbw 995.00 995.00 Pages apChkLst Final Check List Page: 7 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141598 10/28/2010 004538 PALLEY EQUIPMENT Equip repair& maint:TCSD Maint 976.50 COMPANY Equip repair& maint:TCSD Maint 366.76 1,343.26 141599 10/28/2010 002498 PETRA GEOTECHNICAL INC Sept geotech swcs:redhawk park impry 720.00 720.00 141600 10/28/2010 000249 PETTY CASH Petty Cash Reimbursement 265.23 265.23 141601 10/28/2010 011660 PLANNET CONSULTING Aug consulting swcs: Civic Cntr 2,000.00 2,000.00 141602 10/28/2010 011861 PLUMBMASTER INC. Dnnking fountain parts:var parks 456.39 456.39 141603 10/28/2010 000262 RANCHO CALIF WATER Sep varwater meters:calle elenita 107.58 DISTRICT Sep var water meters:TCSD svc Iev C 10,824.98 10,932.56 141604 10/28/2010 013859 RANCHO HEIGHTS ROAD refund:sec dep:rm rental:TCC 150.00 150.00 COMMITTEE 141605 10/28/2010 000947 RANCHO REPROGRAPHICS Reproduction swcs:rrsp desilt basin 58.73 58.73 141606 10/28/2010 004584 REGENCY LIGHTING Electncal supplies:th eater 92.07 92.07 141607 10/28/2010 003591 RENES COMMERCIAL TRASH /DEBRIS CLEAN -UP 8,085.00 MANAGEMENT SRVCS:CITY R -O -WS TRASH /DEBRIS CLEAN UP SRVC:BACCP 1,810.00 9,895.00 141608 10/28/2010 002110 RENTAL SERVICE Rental of tools & maint:pw maint 34.81 CORPORATION Rental oftools & maint:pw maint 29.25 Rental oftools & maint:pw maint 55.59 Rental oftools & maint:pw maint 93.53 Rental oftools & maint:pw maint 91.36 304.54 141609 10/28/2010 004498 REPUBLIC INTELLIGENT Sept traf sgnl repair & maint :PW Traffic 4,627.15 4,627.15 141610 10/28/2010 000267 RIVERSIDE CO FIRE Apr -Jun '10 fire services 816,448.34 816,448.34 DEPARTMENT 141611 10/28/2010 001592 RIVERSIDE CO INFO Sept rental radios: Police /Prk Rngrs 1,550.19 1,550.19 TECHNOLOGY 141612 10/28/2010 000406 RIVERSIDE CO SHERIFFS Saturation patrol 09/23 -10/20 6,425.02 DEPT DUI check point swcs:7 /1 -10/1 514.03 8/26 -9/22: law enforcement 1,425,710.04 1,432,649.09 Page:7 apChkLst Final Check List Page: 8 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141613 10/28/2010 000406 RIVERSIDE CO SHERIFFS reimb expense for purchase of k9 mdy 17,567.38 17,567.38 DEPT 141614 10/28/2010 001365 RIVERSIDE COUNTY OF renew permit:TCC 578.00 578.00 141615 10/28/2010 000873 ROBERTS, RONALD H. reimb:NLC mtg Wash,DC 9/28 -10/2 391.30 391.30 141616 10/28/2010 013827 RYAN MONTELEONE Silt/debris removal:empire creek 13,500.00 13,500.00 EXCAVATION INC 141617 10/28/2010 011511 SCUBA CENTERTEMECULA TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 14.00 350.00 141618 10/28/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 700.92 700.92 CENTRAL 141619 10/28/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 520.24 520.24 CENTRAL 141620 10/28/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 141621 10/28/2010 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 141622 10/28/2010 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10/21/10 357.00 Jazz @ the Merc 10/14/10 705.00 1,062.00 141623 10/28/2010 009746 SIGNS BYTOMORROW Banner:citywide clean event 11/13 320.86 320.86 141624 10/28/2010 004814 SIMON WONG ENGINEERING SEPT DSGN: MAIN STREET 3,060.00 3,060.00 INC BRIDGE /MURR CREEK 141625 10/28/2010 000645 SMART & FINAL INC Misc supplies: Halloween carnival 46.97 MISC SUPPLIES: MPSC 208.24 MISC SUPPLIES: HIGH HOPES PRGM 243.15 Misc supplies: Halloween carnival 248.31 Misc supplies: Rod Run event 176.54 923.21 141626 10/28/2010 012121 SMILES 4 KYLEE CHILDRENS refund:sec dep:picnic rental: RRSP 150.00 150.00 FUND 141627 10/28/2010 000824 SO CALIF ASSN OF fy 10/11 agency membership dues 8,010.00 8,010.00 GOVERNMENTS PageE apChkLst Final Check List Page: 9 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 141628 10/28/2010 000537 SO CALIF EDISON Oct 2 -20 -817- 9929:28410 OT frnt st 226.91 Oct 2 -31 -4156- 09:41904 main st 1,232.53 Oct 2 -31 -536- 3481:41902 main st 269.24 pest control services: fire stn 73 48.00 Oct 2 -27- 371 - 8494:42189 Winchester 26.26 10/28/2010 003421 SRA VENTURES Oct 2 -21- 981- 4720:30153 Tern Pkwy tpp 36.64 4,320.70 141633 10/28/2010 Oct 2 -28- 904 - 7706:32329 overiand LS3 169.43 Refreshments: rod run fire explorers 407.18 407.18 Oct 2 -28- 331 - 4847:32805 pauba LS3 134.44 001546 STRAIGHT LINE GLASS Res impw pgrm: Granzow, R. Oct 2 -31- 693 - 9784:26036 ynez TC1 398.69 Oct 2 -29- 657 - 2787:41638 Winchester 21.84 Oct 2 -31- 282- 0665:27407 diaz PED 22.56 Oct 2 -18- 937 - 3152:28314 mercedes 910.12 Oct 2 -19- 171 - 8568:28300 mercedes 77.77 Oct 2 -25- 393 - 4681:41951 moraga 349.31 Oct 2 -29- 223 - 8607:41952 6th st GS1 514.30 Oct 2 -14- 204 - 1615:30027 front st rdio 35.64 Oct 2- 31 -419- 2873:43000 Hwy 395 21.11 Oct 2-02-351-4946 Sr Ctr F -02 1,626.35 Oct 2 -29 -807- 1093:28079 diaz PED 23.51 Oct 2 -29- 933 - 3831:43230 bus pk F -03C 1,862.22 Oct 2 -29 -807- 1226:28077 diaz PED 22.20 Sep 2 -32- 903 - 8293:41000 main st 8,849.12 Oct 2 -31- 031 - 2616:27991 diaz PED 21.99 16,852.18 141629 10/28/2010 001212 SO CALIF GAS COMPANY Oct 091 - 024 - 9300 - 5:30875 rncho vista 1,187.36 Oct 125- 244 - 2108- 3:30600 pauba rd 21.04 Oct 181- 383 - 8881 -6: Museum 20.07 Oct 021 - 725 - 0775 -4 Senior Ctr 73.04 Oct 101 -525- 1560 - 6:27415 enterprise 59.20 Oct 133 - 040 - 7373 -0: Maint Fac 29.24 Oct 095- 167 - 7907 - 2:30650 pauba rd 151.56 Oct 026-671-2909-8 Comm Theater 31.64 Oct 101-525-0950-0 Comm Ctr 81.72 Oct 129-535-4236-7 Civic Center 20.07 1,674.94 141630 10/28/2010 013864 SO PACIFIC MASTERS ASSN '11 membership dues:Aquatics Prgm 40.00 40.00 141631 10/28/2010 000519 SOUTH COUNTY PEST pest control services: rrsp 10/12 46.00 CONTROL INC pest control services: fire stn 73 48.00 94.00 141632 10/28/2010 003421 SRA VENTURES FY05 /06 CFD 88 -12 Reimbursement 4,320.70 4,320.70 141633 10/28/2010 000293 STADIUM PIZZA INC Refreshments: rod run fire explorers 407.18 407.18 141634 10/28/2010 001546 STRAIGHT LINE GLASS Res impw pgrm: Granzow, R. 934.12 934.12 Page9 apChkLst Final Check List Page: 10 10/28/2010 2:22:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141635 10/28/2010 012188 STRONG FAMILIES TCSD Instructor Earnings 42.00 42.00 141636 10/28/2010 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 4,287.50 4,287.50 141637 10/28/2010 000305 TARGET BANK BUS CARD MISC SUPPLIES:MPSC 85.95 SRVCS MISC SUPPLIES:MPSC 226.26 MISC SUPPLIES: DOG HOUSE PGRM 546.21 858.42 141638 10/28/2010 010848 TEMECULA PLANTSCAPE Oct lease interior plantscape :library 200.00 200.00 141639 10/28/2010 010493 TEMECULA TOME CENTER Nov lease pmts: Police Mall Storefront 1,458.33 1,458.33 ASSOC LP 141640 10/28/2010 004274 TEMECULA VALLEY SECURITY Locksmith services:parking garage 17.94 17.94 CENTR 141641 10/28/2010 013854 TEMECULA VILLA reimbursement agmint payment 43,297.03 43,297.03 APARTMENTS LP 141642 10/28/2010 003941 TEMECULA WINNELSON Facility maint and repairs: Old Town 254.81 COMPANY Plumbing supplies: crc 73.97 328.78 141643 10/28/2010 003862 THYSSENKRUPP Oct -Dec elevator inspection:city fac's 2,040.00 2,040.00 ELEVATOR.BRNCH 37 141644 10/28/2010 010276 TIME WARNER CABLE 10/26 -11/25 internet svc:41845 6th st 44.95 44.95 141645 10/28/2010 013860 TOPETE, GRISELDA refund:Jr Sports 1870.204 95.00 95.00 141646 10/28/2010 004145 TVV TELECOM Oct City phones general usage 5,691.23 5,691.23 141647 10/28/2010 013843 TWO& FOUR PRODUCTIONS credit: Calif non - resident w/h - 140.00 LLC Performance: theater 10 /29/10 2,000.00 1,860.00 141648 10/28/2010 004435 U S CONFERENCE OF FY 10/11 Agency Membership Dues 5,269.00 5,269.00 MAYORS, THE 141649 10/28/2010 002702 U S POSTAL SERVICE Sept '10 postage meter deposit 2,372.34 2,372.34 141650 10/28/2010 000325 UNITED WAY United Way Charities Payment 62.00 62.00 141651 10/28/2010 012549 UPODIUM city vehicle maintenance: Sta 84 49.76 49.76 Page:10 apChkLst 10/28/2010 2:22:26PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 141652 10/28/2010 004261 VERIZON Oct xxx -5275 gen usage Tern PD DSL 37.22 Oct xxx -5072 general usage 622.56 659.78 141653 10/28/2010 004789 VERIZON ONLINE Oct Internet svcs:Tern PD DSL 42.99 42.99 141654 10/28/2010 009101 VISION ONE INC Sept showare ticketing swcs: theater 2,045.60 2,045.60 141655 10/28/2010 013861 VIZCAINO, JOE refund:sec dep:picnic rental:pala pk 150.00 150.00 141656 10/28/2010 013852 WATSON, KIRK refund:Easy Yoga Book 9.98 9.98 141657 10/28/2010 000621 WESTERN RIVERSIDE Sept'10TUMF Payment 90,624.00 90,624.00 COUNCIL OF 141658 10/28/2010 008402 WESTERN RIVERSIDE Sept'10 MSHCP payment 17,676.00 17,676.00 COUNTY 141659 10/28/2010 000230 WILLDAN FINANCIAL Oct -Dec asmnt eng swcs:csd 6,011.10 6,011.10 SERVICES 141660 10/28/2010 012745 WOLF CREEK PA10 GREEN CT. Refund:eng deposit/TM33124 995.00 995.00 141661 10/28/2010 006290 WOODCREST VEHICLE Cityveh repair & maint:Police 60.00 60.00 CENTER 141662 10/28/2010 000348 ZIGLER, GAIL Reimb:Team PACE Halloween 10/28/10 475.00 475.00 Grand total for UNION BANK OF CALIFORNIA: 3,457,462.98 Page 11 apChkLst Final Check List Page: 12 10/28/2010 2:22:26PM CITY OF TEMECULA 149 checks in this report. Grand Total All Checks: 3,457,462.98 Page 12 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: November 9, 2010 SUBJECT: City Treasurer's Report as of September 30, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of September 30, 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 September 30, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of September 30, 2010 Regarding period 99/91/2919 - 9919/2919 Portfolio TEME CP Run Data 1927IM10 1745 PM (PRF fM1)syMRDPs 42 Retonaar. 500 City of Temecula City of Temecula, California 4320 Business Park Drive Portfolio Management g Po. Temecula, Box 923 CA, 92596 IMV i� Portfolio Summary (951)694430 - -_ —! September 30, 2010 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 355 Equiv. Managed Pool Addounfs 33,505,G50 45 30,606,Hrr 45 33,505,a60 46 30.10 1 1 0478 9402 Letter of credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local As envy Investment Funds 69394,39499 694]],02932 60,394,39699 4.20 1 1 9493 0.500 Federal /Agency Callable 5eourniies 12009000.00 12301,02.00 12009000.00 961 1,498 992 2 73 2021 Federal Agency Bullet Securities 20,]1],000.00 21 Gk ,kvB12 2900$464.2 1022 002 405 1.633 1060 127,617,046.44 128,313,889.39 12],588,599]3 199.99% 272 160 9.888 9.999 Investments Cash Passbook/obeokirg 3,]6996425 3,]6996425 3,]69964 .25 1 1 0.000 0.000 (not Included In yield calculations) Total Cash and Investments 131,384,000.69 132,989,623.64 131,355,656.98 272 160 9.888 9.999 Total Earnings September 39 Month Ending Fiscal Year To Date Current Year IQ6,10463 382,]9608 Average Daily Balance 139,769,585.71 159,9]8,256.99 Effective Rate of Return 9.98% 1.91 Regarding period 99/91/2919 - 9919/2919 Portfolio TEME CP Run Data 1927IM10 1745 PM (PRF fM1)syMRDPs 42 Retonaar. 500 City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2010 Page 2 Run Date_ 1012712010 -17 45 Portfollo TEME CID PM (PRF_PM2) SymRapt 6 42 Report Var_ 5 00 Average Purchase Stated YTM VTM 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 -2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.966 1.000 1 104346006 -1 01 -2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104346006 -4 01 -2 RESA2 First American Treasury 26.14 26.14 26.14 0.000 0.000 1 104346016 -3 01 -2 RESB2 First American Treasury 63.72 63.72 63.72 0.000 0.000 1 104346000 -4 01 -2 SPTAX2 First American Treasury 30.51 30.51 30.51 0.000 0.000 1 94669911 -2 03 -1 ACQA2 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 946699213 03 -1 ACQB3 First American Treasury 15,113.21 15,113.21 15,113.21 0.000 0.000 1 946699023 03 -1 BOND3 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 946699063 03 -1 RES A3 First American Treasury 1.09 1.09 1.09 0.000 0.000 1 94669916 -2 03 -1 RES B2 First American Treasury 4.46 4.46 4.46 0.000 0.000 1 94669900 -4 03 -1 SPTAXI First American Treasury 0.43 0.43 0.43 0.000 0.000 1 793593011 -2 03 -2 ADO First American Treasury 75,444.17 75,444.17 75,444.17 0.000 0.000 1 793593009 -2 03 -2 EMW D 2 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 793593007 -2 03 -2 IMP First American Treasury 5,102.16 5,102.16 5,102.16 0.000 0.000 1 793593016 -4 03 -2 LOD 2 First American Treasury 4.23 4.23 4.23 0.000 0.000 1 793593010 -2 03 -2 PWADM2 First American Treasury 4,175.50 4,175.50 4,175.50 0.000 0.000 1 793593006 -2 03 -2 RES 2 First American Treasury 367.94 367.94 367.94 0.000 0.000 1 793593000 -3 03 -2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011 -2 03 -3 ACQ2 First American Treasury 61,616.43 61,616.43 61,616.43 0.000 0.000 1 744727002 -2 03 -3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007 -2 03 -3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03 -3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006 -3 03 -3 RES3 First American Treasury 6.66 6.66 6.66 0.000 0.000 1 744727000 -4 03 -3 SP TX 4 First American Treasury 6.16 6.16 6.16 0.000 0.000 1 94666001 -2 03 -4 ADMIN2 First American Treasury 5,261.74 5,261.74 5,261.74 0.000 0.000 1 94666005 -1 03 -4 PREP1 First American Treasury 15.75 15.75 15.75 0.000 0.000 1 94666000 -1 03 -4 RED1 First American Treasury 2.31 2.31 2.31 0.000 0.000 1 94666006 -2 03 -4 RES2 First American Treasury 10.29 10.29 10.29 0.000 0.000 1 766776002 -2 03 -6 BON D2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 766776007 -2 03 -61MP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 766776006 -2 03 -6 RES2 First American Treasury 0.04 0.04 0.04 0.000 0.000 1 766776000 -3 03 -6 SP TX3 First American Treasury 12.92 12.92 12.92 0.000 0.000 1 95453510 -2 66 -12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453516 -4 66 -12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 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 0.00 0.00 0.00 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 Run Date_ 1012712010 -17 45 Portfollo TEME CID PM (PRF_PM2) SymRapt 6 42 Report Var_ 5 00 City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2010 Page 3 Subtotal and Average 40,095,104.61 Letter of Credit 104346006 -1 02006 ASSURANCE CO BOND INSURANCE 07/01/2010 Subtotal and Average 1.00 Run Date_ 1012712010 -17 45 38,505,650.45 1.00 1.00 38,505,650.45 1.00 1.00 38,505,650.45 1.00 1.00 0.476 0.482 1 0.000 0.000 1 0.000 0.000 1 Portfollo TEME CID 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 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 CIP3 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 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2010 19,394.96 19,394.96 19,394.96 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 369,645.00 369,645.00 369,645.00 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 0.500 0.493 0.500 1 793593009 -1 03 -2 -1 EMWD CA Local Agency Investment Fun 1,561,353.13 1,561,353.13 1,561,353.13 0.500 0.493 0.500 1 793593007 -1 03 -2 -1 IMPRO CA Local Agency Investment Fun 115,460.71 115,460.71 115,460.71 0.500 0.493 0.500 1 793593010 -1 03 -2 -1 PW AD CA Local Agency Investment Fun 306,076.62 306,076.62 306,076.62 0.500 0.493 0.500 1 793593006 -3 03 -2 -3 RESER CA Local Agency Investment Fun 3,604,306.01 3,604,306.01 3,604,306.01 0.500 0.493 0.500 1 122216006 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 1 2221 60 03 -1 CITY COP RE1 CA Local Agency Investment Fun 790,606.59 790,606.59 790,606.59 0.500 0.493 0.500 1 107666006 -1 RDA 06 CIP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107666016 -2 RDA 06 CIP -2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107666030 -1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107666027 -1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 107666026 -1 RDA 07 PRO -1 CA Local Agency Investment Fun 711,407.90 711,407.90 711,407.90 0.500 0.493 0.500 1 107666026 -1 RDA 07 RES -1 CA Local Agency Investment Fun 1,106,506.26 1,106,506.26 1,106,506.26 0.500 0.493 0.500 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 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 40,095,104.61 Letter of Credit 104346006 -1 02006 ASSURANCE CO BOND INSURANCE 07/01/2010 Subtotal and Average 1.00 Run Date_ 1012712010 -17 45 38,505,650.45 1.00 1.00 38,505,650.45 1.00 1.00 38,505,650.45 1.00 1.00 0.476 0.482 1 0.000 0.000 1 0.000 0.000 1 Portfollo TEME CID PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2010 Page 4 Subtotal and Average 54,163,711.04 56,394,394.99 56,477,829.82 56,394,394.99 0.493 0.500 1 Federal Agency Callable Securities 31331GZ36 01145 Average Purchase 10/19/2009 1,000,000.00 1,000,630.00 Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 2.071 2.100 936 04/26/2013 3126X9NT3 01152 Federal Home Loan Mtg Corp 12/10/2009 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 730,515.49 730,515.49 730,515.49 0.500 0.493 0.500 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 3,660,767.75 3,660,767.75 3,660,767.75 0.500 0.493 0.500 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 926,630.77 926,630.77 926,630.77 0.500 0.493 0.500 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 766776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.500 0.493 0.500 1 SYSCITY CITY CA Local Agency Investment Fun 12,763,232.75 12,767,672.43 12,763,232.75 0.500 0.493 0.500 1 SYSRDA RDA CA Local Agency Investment Fun 23,161,275.40 23,225,664.07 23,161,275.40 0.500 0.493 0.500 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 0.500 0.493 0.500 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 546.77 546.77 546.77 0.500 0.493 0.500 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 0.500 0.493 0.500 1 SYSTCSD TCSD CA Local Agency Investment Fun 7,626,001.74 7,642,606.22 7,626,001.74 0.500 0.493 0.500 1 Subtotal and Average 54,163,711.04 56,394,394.99 56,477,829.82 56,394,394.99 0.493 0.500 1 Federal Agency Callable Securities 31331GZ36 01145 Federal Farm Credit Bank 10/19/2009 1,000,000.00 1,000,630.00 1,000,000.00 1.550 2.399 2.432 657 07/19/2012 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,016,660.00 1,000,000.00 2.100 2.071 2.100 936 04/26/2013 3126X9NT3 01152 Federal Home Loan Mtg Corp 12/10/2009 1,000,000.00 1,002,210.00 1,000,000.00 1.625 1.603 1.625 601 12/10/2012 3136F9CB7 01066 Federal National Mtg Assn 03/11/2006 2,000,000.00 2,159,360.00 2,000,000.00 4.000 3.945 4.000 692 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2006 1,000,000.00 1,060,630.00 1,000,000.00 4.000 3.945 4.000 906 03/27/2013 3136FHXF7 01127 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,003,130.00 1,000,000.00 2.000 1.973 2.000 601 12/10/2012 31396AYN6 01134 Federal National Mtg Assn 07/26/2009 1,000,000.00 1,016,130.00 1,000,000.00 3.000 2.959 3.000 1,396 07/26/2014 3136FJAD3 01140 Federal National Mtg Assn 09/03/2009 1,000,000.00 1,002,610.00 1,000,000.00 2.200 3.519 3.566 794 12/03/2012 3136FJHX2 01146 Federal National Mtg Assn 10/26/2009 1,000,000.00 1,000,940.00 1,000,000.00 2.000 1.973 2.000 619 12/26/2012 3136FJNN7 01146 Federal National Mtg Assn 11/16/2009 1,000,000.00 1,013,750.00 1,000,000.00 2.000 1.973 2.000 1,509 11/16/2014 31396AZY1 01149 Federal National Mtg Assn 11/10/2009 1,000,000.00 1,003,130.00 1,000,000.00 3.125 3.062 3.125 1,501 11/10/2014 Subtotal and Average 14,033,333.33 12,000,000.00 12,301,620.00 12,000,000.00 2.782 2.821 992 Federal Agency Bullet Securities 31331YG46 01092 Federal Farm Credit Bank 04/21/2006 2,000,000.00 2,026,260.00 1,993,700.00 2.625 2.703 2.740 202 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2006 1,000,000.00 1,031,560.00 996,140.00 3.500 3.514 3.563 367 10/03/2011 31331Y3N6 01111 Federal Farm Credit Bank 07/30/2006 1,000,000.00 1,025,940.00 999,000.00 3.625 3.610 3.661 267 07/15/2011 31331GF47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,039,690.00 997,500.00 2.250 2.264 2.316 1,032 07/29/2013 31331 GG37 01137 Federal Farm Credit Bank 06/04/2009 1,000,000.00 1,033,440.00 1,000,000.00 2.150 2.121 2.150 657 02/04/2013 31331 GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,016,440.00 1,000,000.00 1.550 1.529 1.550 745 10/15/2012 3133XRRU6 01101 Federal Home Loan Bank 07/03/2006 1,000,000.00 1,025,310.00 996,570.00 3.625 3.626 3.676 273 07/01/2011 3133XSWM6 01124 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,021,560.00 1,000,000.00 2.100 2.071 2.100 479 01/23/2012 3133XTN65 01125 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,012,500.00 1,000,000.00 1.500 1.479 1.500 402 11/07/2011 3133XTXC5 01130 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,029,690.00 1,000,000.00 2.250 2.219 2.250 619 06/11/2012 Run Date_ 1012712010 -17 45 Portfollo TEME CID PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2010 Page 5 Total and Average 130,769,585.71 Run Date_ 1012712010 -17 45 127, 617, 046.44 128, 313, 669.39 127, 588, 500.73 0.888 0.900 160 Portfollo TEME CID 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 Federal Agency Bullet Securities 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,021,660.00 1,000,000.00 1.625 1.603 1.625 762 11/21/2012 3133XVRS2 01151 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,007,500.00 999,750.00 1.000 0.996 1.012 453 12/26/2011 313566CM5 01- 2RESA10 Federal National Mtg Assn 09/09/2010 440,765.00 440,476.45 440,361.36 0.200 0.203 0.206 151 03/01/2011 313566CM5 01- 2REXB10 Federal National Mtg Assn 09/09/2010 202,660.00 202,716.00 202,665.03 0.200 0.203 0.206 151 03/01/2011 313566CM5 01- 2SPTAX10 Federal National Mtg Assn 09/09/2010 149,950.00 149,645.04 149,605.66 0.200 0.203 0.206 151 03/01/2011 31396AYM6 01139 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,022,500.00 991,250.00 1.750 2.024 2.052 679 06/10/2012 313566CM5 03 -01 RFSA10 Federal National Mtg Assn 09/09/2010 664,730.00 664,124.69 663,696.91 0.200 0.203 0.206 151 03/01/2011 313566CM5 03 -01 RFSB10 Federal National Mtg Assn 09/09/2010 223,160.00 223,003.79 222,945.52 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 01SPTAX10 Federal National Mtg Assn 09/09/2010 153,125.00 153,017.61 152,977.63 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 02LC10 Federal National Mtg Assn 09/09/2010 1,671,155.00 1,669,965.19 1,669,546.65 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 04PRF10 Federal National Mtg Assn 09/09/2010 4,060.00 4,057.16 4,056.10 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 04RFD10 Federal National Mtg Assn 09/09/2010 10,405.00 10,397.72 10,395.00 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 04RFS10 Federal National Mtg Assn 09/09/2010 96,550.00 96,462.42 96,457.21 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 06RFS10 Federal National Mtg Assn 09/09/2010 336,200.00 337,963.26 337,674.96 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 06SPTAX10 Federal National Mtg Assn 09/09/2010 55,660.00 55,620.90 55,606.31 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 3RES10 Federal National Mtg Assn 09/09/2010 2,173,200.00 2,171,676.76 2,171,111.34 0.200 0.203 0.206 151 03/01/2011 313566CM5 03- 3SPTAX10 Federal National Mtg Assn 09/09/2010 332,960.00 332,726.93 332,639.99 0.200 0.203 0.206 151 03/01/2011 Subtotal and Average 18,898,975.81 20,717,000.00 21,028,568.12 20,688,454.29 1.633 1.656 405 Total and Average 130,769,585.71 Run Date_ 1012712010 -17 45 127, 617, 046.44 128, 313, 669.39 127, 588, 500.73 0.888 0.900 160 Portfollo TEME CID PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Cash September 30, 2010 Page 6 Average Balance 0.00 Total Cash and Investments 130,769,585.71 Run Date_ 1012712010 -17 45 131, 384,000.69 132, 080,623.64 131,355,454.98 1 0.888 0.900 160 Portfollo TEME CID 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 336,665.67 336,665.67 336,665.67 0.000 0.000 1 4110170261 EDGEDEV TORRY PINES BANK 07/01/2010 2,656,163.10 2,656,163.10 2,656,163.10 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 20,667.93 20,667.93 20,667.93 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 542,646.19 542,646.19 542,646.19 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 7,759.16 7,759.16 7,759.16 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 130,769,585.71 Run Date_ 1012712010 -17 45 131, 384,000.69 132, 080,623.64 131,355,454.98 1 0.888 0.900 160 Portfollo TEME CID PM (PRF_PM2) SymRapt 6 42 Cash and Investments Report CITY OF TEMECULA Through September 30, 2010 Fund Total 001 GENERAL FUND $ 33,739,066.32 100 STATE GAS TAX FUND 240,627.27 101 STATE TRANSPORTATION FUND 505,686.93 120 DEVELOPMENT IMPACT FUND 4,666,571.45 150 AB 2766 FUND 540,243.80 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 12,513,761.91 170 MEASURE A FUND 7,470,021.89 190 TEMECULA COMMUNITY SERVICES DISTRICT 995,221.48 194 TCSD SERVICE LEVEL "D" REFUSE /RECYCLING 48,624.34 195 TCSD SERVICE LEVEL "R" STREET /ROAD MAINT 10,019.07 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 183,492.90 197 TEMECULA LIBRARY FUND 1,101,337.67 210 CAPITAL IMPROVEMENT PROJECT FUND 13,845,853.83 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 4,630,926.96 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 1,008,449.20 277 CFD- RORIPAUGH 30,708,542.25 280 REDEVELOPMENT AGENCY - CIPPROJECT 1,431,001.09 300 INSURANCE FUND 705,467.70 310 VEHICLES FUND 940,113.56 320 INFORMATION SYSTEMS 114,552.42 330 SUPPORT SERVICES 272,207.61 340 FACILITIES 60,995.56 370 CITY 2008 COP'S DEBT SERVICE 793,814.98 380 RDA DEBT SERVICE FUND 2,663,619.75 390 TCSD 2001 COP'S DEBT SERVICE 392,968.35 460 CFD 88 -12 DEBT SERVICE FUND 28,091.54 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 826,401.21 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,267,303.65 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 123,496.30 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 2,825,188.12 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 418,508.57 477 CFD 03 -02 RORIPAUGH DEBT SERVICE FUND 6,460,456.14 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 164.56 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 29,845.85 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 16,364.04 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 330.42 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 6,774.47 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 9,538.64 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 2,209.16 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 179.98 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 3,074.58 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 47,402.01 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 283.26 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 118,120.39 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 12,784.10 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 39,276.87 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 5,874.95 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 90,762.24 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 7,616.14 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 214.53 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 121,320.25 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 3,033.19 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,820.19 Grand Total: $ 132.080.623.64 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 9, 2010 SUBJECT: Review of City Conflict of Interest Code RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE BACKGROUND: Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are all specifically required by Government Code Section 87200 to file economic disclosure forms each year. The City Council is required by Government Code Section 87300 to adopt a Conflict of Interest Code for the City that designates those other City employees that must file economic disclosure forms because their work involves significant decision making. Government Code Section 87306.5 requires that the Fair Political Practices Commission (FPPC — Code reviewing body) direct each local agency to review its Conflict of Interest Code each even numbered year. If a change were necessitated, an amended Conflict of Interest Code must be submitted to the FPPC. The City Attorney has reviewed the City's Code and has indicated the necessity to amend Exhibit of the Code (Designated City of Temecula Employees and Disclosure Categories), due to recent staffing changes, by adding and deleting the following positions: Add Building Official Deputy Director of Information Systems Deputy Director of Support Services Director of Planning & Redevelopment Public Works Director Public Works Maintenance Supervisor Delete Assistant Finance Director Cultural Arts Administrator Deputy Director of Building and Safety Deputy Director of Community Services Deputy Director of Planning Deputy Director of Public Works Development Services Administrator Director of Building and Safety Director of Housing and Redevelopment Director of Public Works /City Engineer Information Systems Administrator Planning Director Principal Planner Property Agent Senior Building Official Senior Building Inspector Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are not listed in the Conflict of Interest Code because all of them are specifically required by Government Code Section 87200 to file economic disclosure forms each year. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 10- RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City with an Exhibit A designating certain positions within the City that require the filing of economic disclosure forms. Section 2. The City Council of the City of Temecula does hereby amend the Conflict of Interest Code for the City of Temecula by deleting Exhibit A and substituting in its place a new Exhibit A, which is attached hereto and incorporated herein by this reference. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula 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 Resolution No. 10- was duly and regularly 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: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1 011�Ko1l1► [MIN diIAdi1:l4:&1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk SECTION 2. EXHIBIT DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participating in the making of decisions which could have a material effect on financial interests. Designated Position Disclosure Categories Accounting Manager 1 Assistant City Manager 1 Building Official 1 Chief of Police 1 City Clerk /Director of Support Services 1 Construction Manager 1 Consultant' 1 Deputy City Manager 1 Deputy Director of Information Systems 1 Deputy Director of Support Services 1 Director of Community Services 1 Director of Finance 1 Director of Information Systems 1 Director of Planning & Redevelopment 1 Exempt Officials 0 Fire Chief 1 Fiscal Services Manager 1 GIS Administrator 1 Maintenance Superintendent 1 Principal Engineer 1 Public Works Director Public Works Maintenance Supervisor Recreation Superintendent Revenue Manager Senior Accountant Senior Debt Analyst Senior Management Analyst Senior Planner Theater Manager Members of all City Commissions, Boards, and Committees not otherwise required to file Conflict of Interest Statements Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitations: The City Manager or his designee may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer are all required to file disclosure statements pursuant to State Law and are thus not included herein. Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 9, 2010 SUBJECT: December Schedule for City Council Meetings RECOMMENDATION: That the City Council direct the City Clerk to cancel the regularly scheduled City Council Meeting of December 28, 2010 and perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Since the regularly scheduled second meeting in December falls during the holidays, December 28, 2010, it is proposed that this meeting be cancelled. FISCAL IMPACT: None. ATTACHMENTS: None. Item No. 7 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: November 9, 2010 SUBJECT: Fourth Amendment to the Agreement with the Friends of the Temecula Children's Museum. PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the City Council approve the "Fourth Amendment to Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop ". BACKGROUND: On March 16, 2004, the City Council approved the Cooperative Agreement between the City of Temecula and Friends of the Temecula Children's Museum ( "Friends ") for the support and operations of the Children's Museum gift shop. On July 11, 2006 the First Amendment accepted certain in -kind services as payment in full for the license fee obligation of the gift shop. On July 27, 2007 the Second Amendment extended the term of the agreement to June 30, 2010. On September 9, 2008 the Third Amendment allocated $15,000 to the Friends for refurbishment and installation of new exhibits to encourage repeat visitors. In this Fourth Amendment the term is extended to June 30, 2013 with the ability to add two (2) additional one -year extensions but no later than to June 30, 2015. The Children's Museum has been a great success since its opening on June 26, 2004. The Friends organization has played an important role in Pennypickle's Workshop's award - winning facility by providing programs, events and fundraising activities. The Friends fully staff the gift shop during operating hours, provide appropriate and engaging merchandise, and oversees various operating aspects of the gift shop. The relationship of the Friends and the City is an important element of the Children's Museum's success and their continued support is recommended. FISCAL IMPACT: Extending this agreement has no fiscal impact ATTACHMENTS: Fourth Amendment FOURTH AMENDMENT TO "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" THIS FOURTH AMENDMENT to Cooperation Agreement is made and entered into as of November 9, 2010 by and between the City of Temecula ( "City ") and the Friends of the Temecula Children's Museum, a California non - profit corporation ( "Association "). In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Fourth Amendment 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 March 16, 2004, the City and Association entered into that certain Agreement entitled: "COOPERATION AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM AND OPERATION OF THE CHILDREN'S MUSEUM GIFT SHOP" ( "Original Agreement "). B. On July 11, 2006, the City and Associated entered into that certain First Amendment ( "First Amendment "). C. On July 24, 2007, the City and Association entered into that certain Second Amendment ( "Second Amendment "). D. On September 9, 2008, the City and Association entered into that certain Third Amendment ( "Third Amendment "). The Original Agreement, the First Amendment, Second Amendment and Third Amendment shall be collectively referred to as the "Agreement ". E. The parties now desire to amend the Section 3 Term, to extend the term, as well as, revise the Section 24 Notice, to notify Association of the Temecula City Hall address change effective date and amend the Agreement as set forth in this Amendment. 2. Amendment of Section 3 Term. Section 3 of the Agreement is hereby amended to read as follows: "3. Term. Association may utilize the Premises from the date the City issues a certificate of occupancy for the Children's Museum until June 30, 2013 unless sooner terminated pursuant to this Agreement. City may extend the term for two (2) additional one -year terms and no later than June 30, 2015. Association shall not be entitled to begin use of the Premises until all insurance documents required by Section 15 of this Cooperative Agreement have been duly completed and are on file with the City Clerk's Office. The City Manager is authorized to extend the term of this Agreement." 11086- 0007\1265077v1 3. Section 24 of the Agreement entitled "Notice" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service: Or Hand - Deliveries ONLY City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, CA 92590 The City intends to relocate to anew City Hall on or about November 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 Association Address: Friends of the Temecula Children's Museum Attn: President 42081 Main Street Temecula, CA 92590 4. No Other Changes. Except as specifically provided herein, all other terms and conditions of the Agreement shall remain in effect and all provisions shall be deemed in effect during the term described in this Fourth Amendment. -2- 11086- 0007\1265o77vi IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non -Profit Corporation By: Name: Patricia Comerchero Title: President Bv: Name: Annette Brown Title: Vice President/Secretary CITY OF TEMECULA Ron Roberts Mayor Pro -Tem ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney -3- 11086- 0007\izbso77vi Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Grant Yates, Deputy City Manager DATE: November 9, 2010 SUBJECT: Third Amendment to the Joint Powers Agreement Between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and City of Wildomar Creating the Southwest Communities Financing Authority (Animal Shelter) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve the Third Amendment to the Joint Powers Agreement (JPA) between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and the City of Wildomar. BACKGROUND: The Soutwest Communities Financing Authority is a Joint Powers Authority that was formed for the express purpose of funding and building a regional animal shelter. This third amendment makes two changes to the existing Agreement. It will formally add the City of Wildomar to the Authority and it will also revise the JPA Boundary map to exclude the City of Menifee because the shelter was not built large enough to house Menifee animals. FISCAL IMPACT: Including the City of Wildomar's animal count will have a positive impact on the other member agencies as it spreads out the costs proportionately among all agencies. Adequate funds have been budgeted in the amount of $434,160 in the City's current Operating Budget to fund debt service and operations at the shelter. ATTACHMENTS: Third Amendment to the JPA Agreement JPA Boundary Map THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF CANYON LAKE; THE CITY OF LAKE ELSINORE; THE CITY OF MURRIETA; THE CITY OF TEMECULA; AND THE CITY OF WILDOMAR; CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY (Animal Shelter) This third amended and restated Joint Powers Agreement, is made and entered into this 9t' day of November 2010, by and between the County of Riverside (hereafter referred to as "COUNTY "), and the City of Canyon Lake ( "Canyon Lake "); City of Lake Elsinore ( "Lake Elsinore "); City of Murrieta ( "Murrieta "); City of Temecula ( "Temecula "); and City of Wildomar ( "Wildomar "), collectively the "Cities" each body being a body corporate and politic of the State of California, or public entities or agencies of the State of California; RECITALS: WHEREAS, COUNTY and Canyon Lake; Lake Elsinore; Murrieta; Temecula, and Wildomar have mutual interests in joining together to develop within the geographic area common to all parties, a plan or program to construct and operate an animal shelter located within the geographic boundaries as attached hereto in Attachment A -1, in compliance with State laws and regulations; and WHEREAS, it is the interest and desire of the parties to enter into a Joint Powers Agreement to establish SCFA as a public entity, separate and apart from the parties hereto, as hereinafter described and set forth, which entity shall then set about the task of accomplishing the purpose of this Joint Powers Agreement in a manner most capable of promoting the greatest public good and welfare; and WHEREAS, the parties hereto are each empowered by law to provide for the animal shelter needs to eligible residents of each entities either directly, or by contract or similar arrangement; NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and agreements herein contained and for other valuable consideration, the parties hereto agree as follows: SECTION 1. PURPOSE This Joint Powers Agreement (hereinafter referred to as "Agreement') is made pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the California Government Code, (hereinafter referred to as the "Act) for the express purpose of constructing, and housing animals, also known as operating an animal shelter, to serve residents of the parties hereof. Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks -Roos Local Bond Pooling Act of 1985, being Article 4, Chapter 5, Division 7 of Title 1 (commencing with Section 6584) of the California Government Code (the "Bond Law "). It is the intent of this Agreement that none of the decisions regarding field service boundaries or levels of service for animal control for each of the member entities shall be affected by the creation of this JPA, or by membership in this JPA. The purpose of this Agreement shall be accomplished and the common powers of the parties hereto exercised in the manner hereinafter set forth. SECTION 2. CREATION OF AUTHORITY Pursuant to the Act and the Bond Law, there is hereby created a public entity to be known as the Southwest Communities Financing Authority ( "SCFA "). SCFA shall be a public entity, separate and apart from the parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desirable to implement and carry out the purpose of this Agreement. 2 SECTION 3. TERM This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated as provided in Section 4. below. SECTION 4. TERMINATION AND AMENDMENTS (a) The parties hereto may amend this Agreement by mutual written consent. (b) The parties hereto may terminate their participation in the Joint Powers Authority, and this Agreement as provided herein. (c) If SCFA has incurred no obligations each party may terminate this Agreement by giving not less than sixty (60) days written notice thereof to the all other parties. (d) If SCFA has acquired any indebtedness, fiscal obligation, and/or any property, each party hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other parties subject to the provisions of Sections 4(e) and 4(f) herein. (e) This Agreement cannot be terminated until all forms of indebtedness, and /or fiscal obligation incurred by SCFA have been paid, or adequate provision for such payment shall have been made. (f) In the event the Agreement is terminated, any property acquired by SCFA from the effective date of this Agreement, including but not limited to money, shall be divided and distributed between the parties in proportion to the contributions made, including contributions made as provided in Section 10 below, unless otherwise required by law. SECTION 5. POWERS AND DUTIES OF SCFA SCFA shall have the powers common to the parties to this Agreement to: (a) Exercise those powers enumerated in the Act and Bond Law as the same as now exists or as may hereinafter be amended: (b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes of this Agreement, including but not necessarily limited to the following: (1) to make and execute all contracts, agreements, and documents including, without limitation, agreements with any of the parties to this Agreement, other local governments, agencies or departments, the State of California, the United States of America, or agencies thereof, or any entity, person or corporation of any kind or nature whatever; improvements; (2) to employ agents, servants and employees; (3) to acquire, hold and dispose of property, both real and personal; (4) to acquire, construct, maintain, manage, operate and lease buildings, works and (5) to accept gifts; (6) to sue and be sued in its own name; (7) to apply for and receive any available federal, State and /or local grants; (8) to employ legal counsel; (9) to employ consultants; (10) to adopt a budget; (11) to incur debts, liabilities and obligations; (12) to establish a treasury for the deposit and disbursement of funds and monies, according to the policies and procedures set forth in this Agreement; (13) to invest any money held in the treasury that is not required for immediate necessities of SCFA, as SCFA determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 52601 of the California Government Code. 4 (14) to issue bonds and other evidences of indebtedness for the construction of an animal shelter, and the consent of the Governing Board of each member to participation in this Joint Powers Authority shall be deemed consent for the issuance of bonds by SCFA, as required under California Government Code Sections 6500 et seq. and the Bond Law. The listing of the above acts is not intended to indicate any priority of one act over another. Nor is such listing intended to be inclusive, and other acts may be done in the accomplishment of the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence. SECTION 6. CREATION OF THE BOARD OF DIRECTORS (a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as set forth herein, SCFA shall be governed by a Board of Directors (hereinafter called the `Board "), and all of the powers of SCFA shall be exercised by the Board. (b) Membership. The Board shall be composed of the following members: (1) One (1) member of the Board of Supervisors of Riverside County; (2) One (1) member of the City Council of the City of Canyon Lake; (3) One (1) member of the City Council of the City of Lake Elsinore; (4) One (1) member of the City Council of the City of Murrieta; (5) One (1) member of the City Council of the City of Temecula, (6) One (1) member of the City Council of the City of Wildomar. (c) Designation of Members. Members shall serve on the Board during the term for which they are a member of the Board of Supervisors, or a member of the City Council from which they are appointed. A member's position on the Board shall automatically terminate if the term of the elected public office of such member is terminated. (d) Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred in connection with a member's service on the Board. (e) Quorum and Transaction of Business. Four (4) members of the Board shall constitute a quorum. A vote of four (4) of the members present shall be required to take action, except for adjournment of a meeting which shall require only a majority of those present. No proxy or absentee voting shall be permitted. (f) Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings may be held as required or permitted by applicable law. (g) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). (h) Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and activities as it may deem necessary. In the absence of specific rules for SCFA meetings, the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCFA. SECTION 7. FISCAL OBLIGATIONS OF THE PARTIES It is the intent of the parties as members of SCFA that the following fiscal obligations shall be agreed upon for all parties to this Agreement: (a) Debt repayment of any bonds issued by SCFA — shall be paid by each party based on the percentage of animals housed at the facility, on an annual basis. 6 (b) Administration costs of the SCFA — includes, but not limited to the following items: stipends, legal fees, audit, costs, administrative fee, mileage reimbursement— shall be borne equally by each party. (c) Operation of animal shelter — shall be paid by each party based on the percentage of animals housed at the facility, on an annual basis. (d) Determination of the percentages for sub - sections (a) and (c) shall be made on an annual basis in January based on the usage information received for the preceding calendar year. The percentages shall be designated for calculation starting July 1" of that same calendar year. No party shall divert any animals within its custody, care or control, including those held on behalf of a party under contracted services with an animal control or humane society provider, that are located within the SCFA's geographic boundaries (as reflected in attached Attachment A -1) from being housed at SCFA's animal shelter facility contemplated under this Agreement unless said facility lacks the capacity to accept the animal(s) in question or where the SCFA has granted express written consent for the animal(s) in question to be diverted to another animal shelter facility. (e) Annexations of any area by any party shall result in that party assuming fiscal responsibility for the area annexed. The additional annexation shall result in a re- calculation of percentages of (a) and (f) Incorporation of any geographic area served by SCFA, and in the event of the new city not joining as a member in SCFA, COUNTY shall reserve the ability to contract directly with the new city for animal services. (g) Any party withdrawing from SCFA agrees to payment of the current percentage of the following: (i) After the issuance of bonds, the party agrees to payment of the party's current percentage of the amount of the outstanding bonds. (ii) Any unpaid portion of the administrative costs of SCFA, calculated up to the effective date of termination of participation in SCFA of the party. 7 (iii) Any unpaid portion of the operation costs of the animal shelter, calculated up to the effective date of termination of participation in SCFA of the party. SECTION 8. OFFICERS AND EMPLOYEES (a) Chairperson and Vice Chairperson. The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in this manner, shall be for one (1) year. In the event that the Chairperson or Vice Chairperson so elected resigned from such office or ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board. (b) Treasurer. The Treasurer of the County of Riverside shall be and shall act as the Treasurer of SCFA. The Treasurer shall have the custody of SCFA's money and disburse SCFA funds pursuant to the accounting procedures of the County of Riverside. The Treasurer shall assume the duties described in Section 6505.5 of the California Government Code, namely: receive and receipt for all money of SCFA (with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the Treasury of the Treasurer to the credit of SCFA; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all Agency money so held; pay, when due, out of money of SCFA so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by SCFA or the Board; verify and report in writing in conjunction with the annual audit of SCFA and to the parties to this Agreement the amount of money held for SCFA, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board. Any and all funds of the SCFA shall not be commingled with any other funds held by the Treasurer. (c) Controller. The Auditor /Controller of the County of Riverside shall be the Controller of SCFA. The Controller shall draw warrants to pay demands against SCFA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and such other duties as are specified by the Board. There shall be strict accountability of all funds and reporting of all receipts and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices. The books and records of SCFA in the hands of the Controller shall be open to inspection at all reasonable times by representatives of the parties to this Agreement. (d) Program Administrator. The Executive Officer for the County of Riverside, or designee, shall be the Program Administrator for SCFA. The Program Administrator, or designee, shall direct the day -to -day operation of SCFA. The Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement and those delegated and assigned by the Board, including, without limitation: (1) to appoint, remove and transfer employees of SCFA, including management level officers, subject to the conditions of employment of these individuals as employees of SCFA, except for the Treasurer, Controller and Attorney of SCFA and such others as the Board may designate; (2) to enforce all orders, rules and regulations adopted by the Board relating to the regulation, operation, or control of funds, facilities, properties and apparatus of SCFA; (3) to authorize expenditures whenever the Board shall have approved and authorized any work, improvement or task and shall have budgeted or appropriated the necessary money therefore; (4) to have custody of and accountability for all property of SCFA except money; 9 (5) The Program Administrator, with the approval of the Board, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of SCFA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the parties to this Agreement. Such annual audit and written report shall comply with the requirements of Section 6505 of the California Government Code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against funds of SCFA available for such purpose. The Board, by unanimous vote, may replace the annual audit with a special audit covering a two -year period. (e) Assistant Program Administrator. The Board may appoint an Assistant Program Administrator, who shall be a person employed by any member agency of SCFA other than the County of Riverside, who is assigned to such duties for SCFA. The Assistant Program Administrator shall, with the consent of the Program Administrator, assist the Program Administrator in carrying out the direction of the day -to -day operation of SCFA. The Assistant Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement pertaining to the position of Program Administrator and those delegated and assigned by the Board. (f) Consultants. Subject to the availability of funds, the Board may employ such consultants, advisors and independent contractors as are deemed necessary and desirable in implementing and carrying out the purposes of this Agreement. (g) Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained directly by SCFA shall be the attorneys for SCFA. The Board may employ by contract or otherwise, specialty counsel. 10 SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE There shall be an Executive Management Committee established consisting of the County Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE, LAKE ELSINORE, MURRIETA, TEMECULA, WILDOMAR and any other member city who may join SCFA. The Executive Management Committee shall meet as necessary to review the operations and business of SCFA. SECTION 10. Officers and employees of the parties (excepting members of the Board) designated in this Agreement to provide services for SCFA shall be reimbursed by SCFA for their actual costs of providing such services. In addition, additional services provided by officers and employees of the parties pursuant to contracts with SCFA shall be reimbursed as provided by the contracts. All reimbursements by SCFA shall be made after receiving an itemized billing for services rendered. SECTION 11. FISCAL YEAR The fiscal year of SCFA shall be the period commencing July 1 of each year and ending on and including the following June 30. SECTION 12. CONTRIBUTIONS BY THE PARTIES The parties to this Agreement may provide contributions in the form of public funds and/or in- kind services, equipment, furnishings, office space and other kinds of property which may be reasonably necessary for SCFA to accomplish the purposes of this Agreement. 11 SECTION 13. EMPLOYEES OF SCFA (a) Riverside County Employees There shall be no individuals directly employed by SCFA. "Employees" for the purposes of indemnification and defense provisions herein shall mean all persons employed by Riverside County, or any member agency, and assigned to duties for SCFA. (b) Indemnification and Defense of Employees (1) With respect to any civil claim or action against any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, for an injury arising out of an act or omission occurring within the scope of such person's duties, SCFA shall indemnify, hold harmless and defend such person to the full extent permitted or required under applicable sections of the California Government Code. (2) Nothing herein shall be construed to require SCFA to indemnify and hold harmless any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, if SCFA has elected to conduct the defense of such person(s) pursuant to an agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her duties with SCFA. (3) Nothing herein shall be construed to require the SCFA to indemnify, or to provide a defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position where the individual has acted in an illegal, willful or intentionally negligent manner giving rise to the claim, or litigation. (4) The following definitions shall apply to SCFA: (i) "Directors" shall include the following: Members of the Governing Board of Directors of SCFA, Program Administrator, and the Assistant Program Administrator. (ii) "Officers" shall include all individuals who are defined in "Directors" herein, the Treasurer, Controller, and Attomey(s) for SCFA as defined herein. 12 (iii) "Employees" shall mean all persons employed by Riverside County, or any other member agency, and assigned to duties for SCFA. (iv) "Committee Members" shall mean all persons appointed by the Governing Board to any advisory committee or committees of SCFA, all persons appointed by the Program Administrator to any advisory committee or committees of SCFA. SECTION 14. LIABILITIES SCFA shall account separately for all funds collected or disbursed for each party to this Agreement. It is the intent of the parties, to the extent permitted by law, that the liabilities of each party for the animal shelter services provided to that party's members shall not become a liability of any other party to this Agreement. The debts, liabilities and obligations of SCFA shall be the debts, liabilities and obligations of SCFA alone, and not of the parties to this Agreement. SCFA shall indemnify, defend and hold harmless each party to this Agreement from and against any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees) arising, or alleged to arise as a result of SCFA's operation or failure to operate. Moreover, to the extent permitted by law, SCFA shall indemnify, defend and hold harmless the City of Wildomar from and against any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees) which arose, or are alleged to have arisen as a result of any liabilities, debts, claims, demands or costs (including but not limited to attorney's fees) incurred by SCFA on a date prior to Wildomar's formal admission as a SCFA member agency as based upon the date of final approval of the third amended and restated Joint Powers Agreement by all parties to this Agreement. 13 SECTION 15. NOTICES Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to: RIVERSIDE COUNTY Executive Office County Administrative Center 4080 Lemon Street, 4t' Floor Riverside, CA 92501 Attn: Deputy County Executive Officer - Finance CITY OF CANYON LAKE 31516 Railroad Canyon Road Canyon Lake, CA 92587 Attn: City Manager CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Attn: City Manager CITY OF MURRIETA 24601 Jefferson Avenue Murrieta, CA 92562 Attn: City Manager CITY OF TEMECULA 43200 Business Park Drive P.O. Box. 9033 Temecula, CA 92589 Attn: City Manager CITY OF WILDOMAR 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595 Attn: City Manager 14 SECTION 16. OTHER AGREEMENTS NOT PROHIBITED Other agreements by and between the parties to this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement. SECTION 17. SEVERABILITY If any section, clause or phrase of this Agreement or the application thereof to any party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of this Agreement or the application of such provision to the other party or other persons or circumstances shall not be affected thereby. SECTION 18. NONASSIGNABILITY The rights, Titles and interests of any party to this Agreement shall not be assignable or transferable without the written consent of the Board of Supervisors for Riverside County, and the Governing Board of any of the other parties to this Agreement. SECTION 19. MISCELLANEOUS (a) Section Headings. The section headings herein are for convenience of the parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. 15 (b) Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of the State of California. (c) Construction of Language. It is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. (d) Cooperation. The parties to this Agreement recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement including cooperation in manners relating to the public, accounting, litigation, public relations and the like. (e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. (f) Publication Rights. Each party to this Agreement shall have the right to duplicate, at its own expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder by the Board or by any other party hereto pursuant to this Agreement. (g) Government Code Section 6509 Designation. The laws of the State of California applicable to the COUNTY, as a general law county, shall govern the SCFA in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said county in the manner of exercising such powers, as required by California Government Code Section 6509. 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized as of the date first above written. COUNTY OF RIVERSIDE Chair, Board of Supervisors ATTEST: Kecia Harper -Ihem, Clerk of the Board C Deputy [Seal] CITY OF CANYON LAKE By: Mayor, City Council ATTEST: By: Deputy [Seal] 17 Dated: Dated: Approved as to form and content: Pamela J. Walls, County Counsel C Deputy County Counsel Dated: Dated: Approved as to form and content: City Attorney CITY OF LAKE ELSINORE By: Mayor, City Council ATTEST: By: Deputy [Seal] CITY OF MURRIETA By: Mayor, City Council ATTEST: By: Deputy [Seal] 18 Dated: Dated: Approved as to form and content: City Attorney Dated: Dated: Approved as to form and content: City Attorney CITY OF TEMECULA C Jeff Comerchero, Mayor ATTEST: Susan Jones, City Clerk [Seal] CITY OF WILDOMAR By: Mayor, City Council ATTEST: By: Deputy [Seal] 19 Dated: Dated: Approved as to form and content: Peter Thorson, City Attorney Dated: Dated: Approved as to form and content: City Attorney ORONA p h. � I ar. SAN JACINTO '� I PER IS r t _. HE I HEMET I CANYON MENIEEE 1KE ELSIN R\ / ? ' WILLMAN v4'1 I � MU RIETA I � f T,_w... —ter Kam} a.1,,. .�_a.,E 'T MECULA I" Southwest Communities Animal Shelter JPA,� •Yqm Wwv •.0 • pYY...e. .YXh QFN e •Fn• Q!•m• •Y ••m Q'. ItlwYY OlIMBwWry N w.•n N� xm A 0 1 2 4 6 8 MYes November30,2009 I HEMET I CANYON MENIEEE 1KE ELSIN R\ / ? ' WILLMAN v4'1 I � MU RIETA I � f T,_w... —ter Kam} a.1,,. .�_a.,E 'T MECULA Item No. 9 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: November 9, 2010 SUBJECT: Riverside County Mortgage Credit Certificate Program PREPARED BY: Dana Schuma, Associate Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM BACKGROUND: The Riverside County Board of Supervisors will authorize the County Economic Development Agency (EDA) to apply to the California Debt LimitAllocation Committee for an allocation of Mortgage Credit Certificates on November 2, 2010. The City of Temecula is able to participate in the County MCC Program for mortgage loans available for first -time homebuyers in Temecula. Adoption of the attached resolution is necessary for the City to participate in the County's MCC Program. A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of federal tax liability on a home mortgage. This tax credit allows the buyer to more easily qualify for a loan by effectively increasing the stated income of the buyer. The Riverside County MCC Program allows a 15% rate to be applied against the interest paid on the primary mortgage loan. The borrower can then claim a credit on their taxes equal to 15% of the interest paid during the year. Since the taxes paid by the borrower are being reduced, the annual take -home pay is effectively increased. The borrower can still deduct the remaining part for the interest paid as a standard deduction. When underwriting a loan, a lender takes this potential income increase into consideration, which may allow the borrower to (i) qualify for a larger loan amount, or (ii) improve the borrower's qualifying debt ratios. This program can be used with all types of homes, including foreclosures, new and resale single - family and /or manufactured homes. The City of Temecula has participated in the MCC Program in past years. Staff recommends approval of the attached updated resolution, to provide another tool for qualified homebuyers to purchase a home in Temecula. FISCAL IMPACT: No impact to the City or the Redevelopment Agency budget. Potential buyers can qualify through a lender to receive the MCC from the County. ATTACHMENTS: Resolution Housing Element Certification Form RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Tax Reform Act of 1986 established the Mortgage Credit Certificate Program ( "MCC Program ") as a means of assisting qualified individuals with the acquisition of new and existing single - family housing. B. Pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the California Health and Safety Code Sections 50197 et seq, local issuers are authorized to issue Mortgage Credit Certificates ( "Certificates ") and administer MCC Program. C. The Board of Supervisors of the County of Riverside adopted Resolution No. 87 -564 on December 22, 1987 establishing a Mortgage Credit Certificate Program. D. The Board of Supervisors of the County of Riverside has authorized the Riverside County Economic Development Agency ( "EDA ") to administer the MCC Program pursuant to the applicable federal, state and local policies and procedures, and to enter into those agreements necessary for efficient administration of the MCC Program. E. The County of Riverside ( "County ") will apply to the California Debt Limit Allocation Committee ( "CDLAC ") for a mortgage credit certificate allocation on or about November 2, 2010. F. The City of Temecula ( "City ") wishes to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single - family housing in Riverside County. G. The adoption of this resolution is necessary to include the City of Temecula as a participating unit of general government under County's MCC Program. H. The City agrees to cooperate with the County of Riverside to undertake the MCC Program within City jurisdiction to assist persons or households of limited income to purchase new and existing single - family residences located in the City. I. The City by adopting this Resolution, hereby gives notice of its election to participate in the Riverside County MCC Program. Section 2. Now, therefore be it resolved, by the City Council of the City of Temecula as follows: A. The City of Temecula agrees to: 1. Participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single - family housing in Riverside County. 2. Assist the County of Riverside to market the MCC Program with the city's jurisdictional boundary by publishing a general public notice in the local newspaper at least twice a year. 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 Resolution No. 10- was duly and regularly 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: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ATTACHMENT K HOUSING ELEMENT CERTIFICATION FORM FOR APPLICATION FOR AN ALLOCATION OF QUALIFIED PRIVATE ACTIVITY BONDS FOR A SINGLE FAMILY HOUSING MORTGAGE CREDIT CERTIFICATE PROGRAM Note: To be completed by each participating jurisdiction. Certification of the City of Temecula (Participating Jurisdiction) In connection with the following Qualified Private Activity Bond Application: APPLICANT: County of Riverside for a Mortgage Credit Certificate Program. The undersigned officer of the City of Temecula (Participating Jurisdiction) hereby certifies as follows: 1. I, Shawn Nelson (Name), am the City Manager (Title) of the City of Temecula (Participating Jurisdiction); which is a participating jurisdiction of the proposed Single Family Housing Mortgage Credit Certificate program. 2. The proposed Single Family Housing Program is consistent with the adopted housing element for the City of Temecula (Participating Jurisdiction) in which the proposed program will operate, pursuant to Section 5267 of the California Debt Limit Allocation Committee Regulations. Shawn Nelson Signature of Senior Official Print or Type Name C4 Manager Title Date Item No. 10 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: November 09, 2010 SUBJECT: Temporary Street Closures for 2010 -2011 Winterfest Events PREPARED BY: Mayra de la Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2010 -2011 Winterfest Events: `ICE SKATING RINK AT TOWN SQUARE' `SANTA'S ELECTRIC LIGHT PARADE' `WINTER WONDERLAND' `NEW YEARS EVE CELEBRATION' BACKGROUND: Four special events scheduled during the months of November 2010 through January 2011 necessitate the physical closure of all or portions of certain streets within the Old Town area. The closures are necessary to facilitate the events and to protect participants and viewers. The four events and the associated street closures are as follows: 1. ICE SKATING RINK AT TOWN SQUARE A temporary ice skating rink will be installed at the Town Square for a period of six weeks beginning Saturday, November 26, 2010 to Sunday, January 2, 2011. The specific street closure is as follows: Main Street— the westerly property line of 41955 Main Street (Temecula Hills Winery at Villa) to Mercedes Street. Mercedes Street will be kept open to through traffic pending construction activity on Civic Center project. 2. SANTA'S ELECTRIC LIGHT PARADE The Santa's Electric Light Parade event will be held on Friday, December 3, 2010 with street closures scheduled between 4:00 PM and 11:00 PM. The street closures are as follows: Old Town Front Street - Moreno Road (N) to Temecula Parkway; Mercedes Street - Moreno Road to 2nd Street: Moreno Road; Main Street - Pujol Street to Mercedes Street; Sixth Street; Fifth Street; Fourth Street; Third Street; Second Street; First Street — Pujol Street to Old Town Front Street; Santiago Road — Old Town Front Street to Ynez Road. Traffic will be detoured around the event via Public Works signage and Police personnel. Two Changing Message Signs (CMS) will be placed on the 1 -15 Freeway to notify the public of the event and to expect detours. 3. WINTER WONDERLAND The Winter Wonderland event is a joint effort between the City of Temecula and the Friends of Temecula Children's Museum. The event outside activities will include a snow lab, a S'mores bar, hot chocolate bar, ticket booths, carolers, lighted Christmas trees and 30 tons of snow (placed within the grassy area adjacent to the Museum parking lot). The Winter Wonderland event will be held on Friday, December 10, 2010 with the street closure scheduled between 1:00 PM to 10:00 PM. The street closure is as follows: Main Street — Murrieta Creek to the Old Town Front Street; Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street. Mercedes Street will remain open. 4. NEW YEAR'S EVE CELEBRATION The New Year's Eve Celebration will be held at the Town Square on Friday, December 31, 2010 with street closures scheduled between 3:00 PM, December 31 and 6:00 AM, January 3. 2011. The street closures are as follows: Main Street — Murrieta Creek to the Old Town Front Street; Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; Mercedes Street — Fourth Street to Third Street. Mercedes Street traff ic will be detoured around the event via Third and Fourth Streets. Under Vehicle Code Section 21101, "Regulation of Highways ", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing ". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: Location Maps: 1. Ice Skating Rink at Town Square 2. Santa's Electric Light Parade 3. Winter Wonderland New Year's Eve Celebration �5 15 of VENT ti of ICE SKATING RINK LEGEND AT TOWN SQUARE STREET CLOSURE NOVEMBER 20, 2010 - JANUARY 2, 20 11 ` BARRICADE VICINITY MAP SANTA'S RIC LIGHT PARADE CEMBER 3 2010 VICINITY MAP of O� tip` \^•` / co �P CHILDREN MUSE EVENT S/ •o��o G,p��F� WINTER WONDERLAND LEGEND DECEMBER l0, 20 10 STREET CLOSURE VICINITY MAP ` BARRICADE �co 15 Oz co s� AGv c��F� c:)� • ��O NEW YEAR'S EVE LEGEND AT TOWN SQUARE STREET CLOSURE DECEMBER 3/, 2010 ` BARRICADE VICINITY MAP Item No. I I Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 9, 2010 SUBJECT: Parcel Map 30404, Located at the north west corner of Santiago Road and Ormsby Road PREPARED BY: Mayra De LaTorre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council approve Parcel Map 30404 in conformance with the Conditions of Approval. BACKGROUND: Record title interest: Erik Halter Parcel Map No. 30404 proposes to subdivide 4.66 gross acres, 4.33 net acres, into three (3) parcels —1.67 net acres, 1.25 net acres, and 1.41 net acres, respectively — for residential development. The property covered by this parcel map is located at the north west corner of Santiago Road and Ormsby Road. Tentative Parcel Map No. 30404 (PA03 -0353) was approved by the Planning Commission on June 15, 2006, and was valid for three years, expiring on June 15, 2009. The automatic one -year extension per SB 1185 extended the life of the tentative map to June 15, 2010. By applying the provisions of AB 333, the expiration date of the tentative map was consequently further extended for another two years to June 15, 2012. All public improvements are in place and the survey monuments have been set. The property owners have met the terms of the Conditions of Approval for map recordation and this parcel map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1) Fees and Securities Report 2) Vicinity Map 3) Parcel Map No. 30404 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 30404 DATE: November 9. 2010 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 0.00 $ 0.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 0.00 - DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ Paid SERVICE FEES Planning Fee $ 337.00 Fire Fee $ 239.00 TCSD Fee $ 163.00 Plan Check Fee $ 2,859.00 Monumentation Inspection Fee $ 316.00 Fees Paid to Date $ 3,914.00 Balance of Fees Due $ 0.00 PARCEL MAP 30404 PN�►` qp ` � . w �osn �• •q 1 DE �p1E VICINITY MAP NOT TO SCALE F j j F} F- €m O e Gw w x w 5jm8 z m 83 €wa y W t- w mq &qlJ wo 3 _i•zcmo° S d•¢owG o s O V N 96m _� m a «eases EEao� <aqq� x iW 3 3ojp�wz zd mr $\ Vm =$mesa in�x F= W °�� °rcu qoi F 5 �oy�V a�y °5M0 °� dos a �e4 L Jm wG'u5w�io �w w S G w � eo €l ea » "1� �5j a � m hi � wmg } 8 €moo '�� sg°a} "_ a m vi g a o5'0@0 °� °zdwm< o8'� oo °pm ° m €x3g'ao'3�wz�w o�< "gym =`_ 7b 8 o w G�UGg p Pen. zo F vx.wdo, g ids'm rc3 < $gym° -�,'LI zayz3 cWi 6� n< N 40 $ U w G AR CR°m Ooh 00 LL <za°i��LLZi o YJ"'� w rn "tS o w> go w gG d °3oo:�� zmp�N °gym�y, G o'a °wY.lm - w < �w5 °'°m� 8��59t =n_ "'Loo °B ° Bo w w '^ -;8wc_ �°'060< <m�o ° p v�mzmm 'iff Q—z8 z °p ioso�w& : °�moorc'w' �-g-mall ` So r Bog888""d 3 o Q 1_ i �d€ zw °X MIN BLLow ow ? m8 sa wry¢o . p wmo yVj W u¢ 2 =F 00 � N .w. j 2 maN Ii25 ° set OB W U a° �a8 w�=- ai m Gs� §o ff -8n- d N 'd 'Ligmz °R 8l1 Y �w'k" 4p 8d °_ ¢ik w4" s t i i Q eo u v = moo s° R. � �N =s -a go €' oggo zgg� s ° nw w m �� =m �� =m _ X60 > s Sow $9�._ _J�J »Rww 00g �Od -4 g o °Za-�6 ~w -At5 o V UI Zy O ¢ =�S �o o X1.20 " 6 �z oOFZ �0 F�33 w� tl° w mo �Q¢� mm -.- �'ZO noN� �,g��go ��gvdD �.=.z�o w o oHP =w ooiw oH,M5 E�xg o ''3 o�w�mo -99-m zd�'e SEW 0 d�� �?_o� �d�� �oa8�� 'd flu ��mo aod8'so zaao3o i& s� 0 eZn= oG �; �a �6ww =ww jjazW o §� �c o- O°$ ' �E d o 'e =€ w 6W „ k , °o <g.mgO O �=w ail Nye° 2<w €.�w= pa €=o g 5o giw ° m p o a PiPe 82. ea8�'�'aV mog owi LS °�up1R. �C �N z V " ye ea OB .ai3 a-q wo02 � d >8 5 3 b V �N�� b. tl,jw Fes �Si oy= QN3 E 3 o oud3 V m X 3 ox� o € ° Bw °k 'z 1W 9-p0 e o m EpR o = .hN ".Ss ro f z iS i H z o �?? €8 _M '2'HURga�> i°'a wo��LSa3 Tw �%� 3w G<e8oaisY �s s a ° o w w N N 4 O N w N Cop N_ was _° o = G °= -d o4WO - 4 8m y ° aNm- 6 °R vadiy Zn= m 22 °u ^rc 2K' ,°"n °9p m d ° =a . 6 g .13,E s oaso.a a= ° a Goo= £Y §e w= o y €ys° Wo € p 'm^� - �� p.1� w v�3TF °u' % w zu 'a ''Qwra �lrg y °g^ -off 0 pw� � ��_ -as E6gw.Gw Naw N9, -Sw �� =w � ypI a w�� = "a " °� 3w °� OO F 3 i0Z w'3 O a F =i •l�° '° °$ ��Z 3p Fpa qq i2 r 5m _6- az G. 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Y WoO O a% m M, Item No. 12 Approvals City Attorney Director of Finance n �, City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: November 9, 2010 SUBJECT: Award a Construction Contract for Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way, Project No. PW09 -07 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah - Meistrell, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW09 -07, Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way, to Sierra Pacific Electrical Contracting in the amount of $187,339.40; 2. Authorize the City Manager to approve change orders up to 10% of the contract amount, $18,733.94; 3. Make a finding that the Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On August 10, 2010, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for Project No. PW09 -07, Traffic Signal Installation; Rancho California Road at Yukon Road /Asteroid Way. The project consists of the installation of traffic signals at the intersection of Rancho California Road at Yukon Road /Asteroid Way and a fiber optic cable to interconnect the new signal with the traffic signal at Rancho California Road and Margarita Road. More specifically, the work will include the following: traffic control, removal of pavement delineation, installation of traffic striping, pavement markers and legends, removal and installation of roadside signs, installation of traffic signal loop detectors, internally illuminated street name signs, safety lighting, emergency vehicle pre - emption devices, conduit, pull boxes, fiber optic cable and miscellaneous appurtenant work. Ten (10) bids were received and publicly opened on Thursday, October 21, 2010. The results were as follows: 1. Sierra Pacific Electrical Contracting $ 187,339.40 2. PTM General Engineering Services, Inc. $ 205,005.00 3. DBX, Inc. $ 211,986.25 4. Unique Performance Construction, Inc. $ 212,954.25 5. HMS Construction, Inc. $ 216,750.00 6. California Professional Engineering, Inc. $ 219,814.50 7. JFL Electric, Inc. $ 276,310.00 8. Steiny and Company, Inc. $ 353,753.50 Socal Engineers, Inc. Non - responsive Flatiron Electric Group, Inc. Non - responsive Socal Engineers, Inc. was deemed non - responsive because the corporate official's signature was not notarized on the bid bond. Flatiron Electric Group, Inc. was deemed non - responsive because the corporate official's signature on the bid bond was missing. Both bid bonds contained notarized signatures of the surety officials. Socal Engineers, Inc. and Flatiron Electric Group, Inc. were given until 5:00 p.m. on Tuesday, October 26, 2010 to submit completed bid bonds, however, the bidders chose not to submit the required documents and were therefore deemed non - responsive. Staff has reviewed the bid proposals and found a minor mathematical error in one bid. The above bid results reflect corrected dollar amounts. The correction did not impact the position of the lowest responsible bidder, Sierra Pacific Electrical Contracting. Sierra Pacific Electrical Contracting has public contracting experience and has completed similar projects for other agencies. The Engineer's Estimate for the project was $258,000.00. The project specifications allow for thirty -five (35) working days, which is an approximate duration of 1.5 months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07 -04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right -of -way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Traffic Signal Installations Project consists of the installation of traffic signals within the existing intersections, therefore there is no new disturbed area subject to the 5% MSHCP fees, thus the project is exempt. FISCAL IMPACT: The project is included in the FY11 -15 CIP Budget and is funded with Development Impact Fees - Traffic Signal. Adequate funds are available in the project accounts for the contract amount of $187,339.40 plus the 10% contingency amount of $18,733.94 for a total encumbrance of $206,073.34. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description (2 sheets) CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW09 -07 TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD AT YUKON ROAD /ASTEROID WAY THIS CONTRACT, made and entered into the 9`h day of November, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Sierra Pacific Electrical Contracting, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW09- 07, TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD /ASTEROID WAY, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09 -07, TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD /ASTEROID WAY. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517 -0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09 -07, TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD /ASTEROID WAY. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT C -1 RNGMDAREMRT�MlL9 -Im [[ O 7 Awadalgnel lWdYe WW090]raMran.aoq and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW09 -07, TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD /ASTEROID WAY All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED THIRTY NINE DOLLARS and FOURTY CENTS ($187,339.40), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty-five (35) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT C -2 RWGENCAFEMRTMIMII� MCWW0 7Awad Cgnelin YukmWNlmV) Wmcl.c B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90 %) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one -year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C'3 R:NCENCF REMRTS20WI1 MCWWM47ke ,ti,lmMll YuYanWW WC .t,m 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of s' the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at hftp: / /www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT C-4 P:WGENGAFEMRTSI IWId INGHPVIaNL7Awed p m"YuNwdP 47Cmired doq 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his /her tenure or for one year thereafter. Furthermore, the contractor /consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C -5 R:WGENMREORTSPMI IMURMWVAwad9,W iWWIYUkwAMlN 7C tmcLN 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works /City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 Street Address: Greg Butler Director of Public Works /City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 The City intends to relocate to a new City Hall on or about November or December 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: Greg Butler Director of Public Works /City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 CONTRACT C -6 R:WGENMREPORT6tiV11611a tUgPBWWtl 7&aHugnal ln9ell YukmM4WgW] mcLtl IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Sierra Pacific Electrical Contracting 2542 Avalon Street Riverside, CA 92509 (951) 784 -1410 IN Gil Loop Print or type NAME Vice President Print or type TITLE IN Judith K. Loop Print or type NAME CFO Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA 0 Jeff Comerchero, Mayor i CONTRACT Ci-7 RWNENUAREPOR8120101-0 166 PW WIIAwad qnd lnsWYCkmdWlLg 7) mcLda PROJECT LOCATION CITY OF TEMECULA� TRAFFIC SIGNAL INSTALLATION Circulation Project — CITYWIDE Cost to Signal Location Complete Year Funding Source Meadows Parkway at Pauba $ 217,000 2010 -11 De\,eloper Contribution $ 25,500 2010 -11 DIF (Traffic) Rancho California Road at Yukon $ 270,000 2010 -11 DIF (Traffic) Meadows Parkway at De Portola $ 242,500 2011 -12 De\,eloper Contribution Meadows Parkway at Campanula Way $ 242,500 2011 -12 De\,eloper Contribution Rancho California Road at Promenade Chardonnay $ 242,500 2011 -12 DIF (Traffic) Vail Ranch Parkway at Tehachapi Pass $ 242,500 2012 -13 DIF (Traffic) Rancho California Road at Tee Drive $ 275,000 2012 -13 DIF (Traffic) Rancho California Road at Avenida de la Reina $ 249,500 2013 -14 DIF (Traffic) $ 25,500 2013 -14 Unspecified Butterfield Stage Road at Rancho Vista Road $ 242,500 2013 -14 Unspecified Meadows Parkway at Leena Way $ 242,500 2014 -15 Unspecified De Portola Road at Campanula Way $ 250,000 2014 -15 Unspecified Fiscal Year 2010 -11 Fiscal Year 2011 -12 Fiscal Year 2012 -13 Fiscal Year 2013 -14 Fiscal Year 2014 -15 TOTAL $ 512,500 $ 727,500 $ 517,500 $ 517,500 $ 492,500 $ 2,767,500 $ 2,767,500 80 CITY OF TEMECULA� TRAFFIC SIGNAL INSTALLATION - CITYWIDE Circulation Project Project Description: Project will include the design, construction, and installation of traffic signals at various locations throughout the City including, traffic upgrades on Winchester Road and Temecula Parkway, and Redhawk annexation area. Benefit: Project will improve traffic safety and circulation throughout the City. Project Status: The design of the traffic signals scheduled for the first year of funding is nearly complete. Construction will follow. The traffic signals scheduled to be installed at other intersections will be designed and constructed on the scheduled fiscal year. Department: Public Works Priority: Project Cost: Actuals Future Total to Date 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Years Project Cost Administration $ 2,339 $ 57,661 $ 100,000 $ 100,000 $ 75,000 $ 50,000 $ 415,000 Construction $392,500 $ 557,500 $ 347,500 $412,500 $372,500 $ 2,052,500 Design $ 1,990 $ 55,010 $ 70,000 $ 70,000 $ 30,000 $ 40,000 $ 270,000 Totals $ 4,329 $505,171 $ 727,500 $ 517,500 $517,500 $492,500 $ - $ 2,767,500 Source of Funds: Actuals Future Total to Date 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Years Proiect Cost DIF (Traffic Signals) $ 4,329 $291,171 $ 242,500 $ 517,500 $249,500 $ 1,305,000 Reimbursement /Other (Developer Contribution) $217,000 $ 455,000 $ 702,000 Unspecified* $265,000 $492,500 $ 760,500 Total Funding: $ 4,329 $505,171 $ 727,500 $ 517,500 $517,500 $492,500 $ - $ 2,767,500 Future Operation & Maintenance Costs: 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 $ 2,000 1 $ 5,000 1 $ 6,000 *Project cannot be constructed until a funding source is identified. 131 Item No. 13 Approvals City Attorney Director of Finance City Manager 1il 1 -s t',�I CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: November 09, 2010 SUBJECT: Approval of Amendment No. 1 to the Professional Services Agreement with IRC Technologies, Inc. DBA Independent Roofing Consultants (IRC) for Additional Roofing and Waterproofing Inspection & Testing Services Associated the Old Town Civic Center Project - PW 06 -07 PREPARED BY: Amer Attar, Principal Engineer- CIP David McBride, Senior Engineer - CIP RECOMMENDATION: That the City Council approve Amendment No. 1 to the Professional Services Agreement with IRC Technologies; Inc. DBA Independent Roofing Consultants (IRC) for additional services associated with roofing and waterproofing inspection & testing services for the Old Town Civic Center Project in the amount of $10,000.00 and authorize the Mayor to execute the Amendment: BACKGROUND: On March 16, 2010 a professional services agreement with IRC was approved administratively for roofing and waterproofing inspection & testing on the Civic Center in. the amount of $29,650. IRC's proposal consisted of time estimates for inspection of roofing (tile and thermoplastic polyolefin or TPO) and waterproofing of the exterior decking systems on the second and third floors to ensure that the construction of these critical elements of the highest possible quality. With approximately 95% of the project complete it has been determined that additional funding is necessary for I RC to complete all of the required inspections through project completion. The reason for the additional expense stems from an underestimation of the number of hours needed for inspection services as the roofing subcontractor has taken longer than expected to complete their work. Staff has performed a detailed review of the hours and services performed by IRC to date, and found their records to be in very good order and concluded that they have performed their tasks in an efficient and cost effective manner. The additional funding will require an amendment to IRC's existing agreement. There are sufficient funds within the Civic Center accounts (210.165.751) to fund for this additional expense. FISCAL IMPACT: The Civic Center Project is funded by Capital Project Reserves, Certificates of Participation, Development Impact Fees (DIF) Corporate Facilities and DIF Public Art. IRCs original agreement totaled $29,650. The proposed amendment will increase the allowable compensation under the agreement by $10,000.00. Funding for this additional work is available within the Civic Center accounts 210.165.751. ATTACHMENTS: 1. IRC Original Agreement 2. IRC Amendment No. 1 3. Location Map 4. Project Description (o.`ll . AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND INDEPENDENT ROOFING CONSUTLANTS PW06 -07 CIVIC CENTER THIS AGREEMENT is made and effective as of March 16, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and IRC Technologies, Inc. DBA Independent Roofing Consultants, a Corporation (hereinafter referred to as "Consultant "). • In consideration of the mutual covenants and conditions set forth herein, the parties.agree as follows: 1. TERM . This Agreement shall commence on March' 16, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hefeto 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 httr): / /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. S. 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 Twenty Nine Thousand Six Hundred and Fifty Dollars and No Cents ($29,650) 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 /General Manager /Executive Director may approve additional work. up to ten percent (10 %) of the amount of the Agreement but in no event shall the total sum of the Agreement exceed thirty thousand dollars and no cents ($30,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. . 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. T. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a'default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating' Consultant for any work performed after the date of default and can terminate this Agreement immediately by 2 written notice to the Consultant.. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. if the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs,. expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising. out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection 3 with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 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, workers 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) Workers Compensation as required by the State of California; Employer's liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional -Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City and Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of .the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City and Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City and Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers. Any insurance or self - insured maintained by the City and Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4 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 and Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers. 4) ' The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure(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. 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 5 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 j a. All information gained by Consultant in performance of this Agreement l 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 To Consultant: IRC Technologies, Inc. DBA Independent Roofing Consultants Mike Wilsey, Principal 1761 Garry Avenue, Suite 100 Santa Ana, CA 92705 J 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW 'The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST . No officer, or employee of the City of Temecula 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. r CITY OF TEMECULA IRC Technologies, Inc. DBA Independent Roofing Consultants (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: , By: ��/ Shawn D. Nelson, City Manager M1(i mil A Vv1 Crj 1 ATTEST: By: Susa Jones, MMC, gity Clerk APPROVED AS.TO FORM: By: 044L -1� Peter M. Thorson, City Attorney CONSULTANT IRC Technologies, Inc. DBA Independent Roofin4 Consultants 1761 Garry Avenue, Suite 100 Santa Ana, CA 92706 (949) 476 -8626 (949) 476 -9810 mikew irctech.com FSM Initials: Date: O D 0 D EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PRE-INSTALLATION CONFERENCE Conduct an onsite conference with the application contractor and all trades related to the new system installation. The purpose of this confcr:.nce is to: • Review material submittats. • Dismiss project scheduling. • Review project site and substrate. if completed at time of Pre - Installation Conference. • Establish line.; of communication and dispute resolution:. At the conclusion of the eonfemrice, a written report is generated and issued to all parties confirming agreements and identifying pending issues for resolution prior to start of work. Any decisions that affect or alter the existing design critbria must be approved by the Architect of record. SURMIT17AL REVIEW Independeni Roofing Consultants will perform a review of the roofing contracto s material submittals prior to the strut of wo& This review will verfP/ the submitted materials comply with the standards established within the project specifications. From our review, Independent Roofing Consultants will issue a letter report to the project Architect of our comments, including material information which remains to be provided. FULL -TOME INSPECTIONS * Full -Tutu Inspections provide the project with a continuous daily hi_torical record of the new system installation. Items found tiot to be in accordance with the project contract documents will be identified and brought to the attention of the roofing contractor's foreman. ltemc anted for "corrective action" are the- rtshrtnsihility of the Contractor and/or the Subcontractor who remain liable for any items requiring conecton. Independent Roofing Consultants will inspect the plywood roof sheathing to verify it is acceptable to receive the specified underlayment system, Deficient arras will be noted in report forni and provided to the p:oiect Superiutcudeot. . 1 E:1'1LE 1NSPEC°I•IUNS Independent Roofing Consultants will inspect the underlayinem and metal detail to verify it is in accordance with the prujcct cuulrutt ducuntews grid uuccptable for llie tilt applicatliun. Deficient atvita will be nixed in repurt AM-in and provided to the project superintendent. 10 K)ST -TII F INSTALL ATION INSPECTIONS When notified by the client or its aurhorzed representative that the roofing contractor has completed the roof installation. MC will perform a final inspection: of the new tile roof assembly. During this inspection, all r accessible areas of the assembly will be reviewed for completion per the specification. FINAL INSPECTION When the roofing contractor and subcontractors lincluding sleet metal. mechanical. etc.) have completed the system installation. Independent Roofing Consultants will conduct a visual final inspection of the roof ass�inbly. A report will be generated noting items to be completed ant. /or deficiencies to be corrected with photographs as applicable. The roof system should not be considered complete until all punclilist Items have been properly addressed. PUNCHLIST VERIFICATION (rirrunrs�r� /i Independent Roofing Consultants will nfake an inspection of the Pre -Tile and Post -Tile Punchlist Development items to verify that the. deficiencies were properly repaired. A written report of our findings and reconitnchdntions will be issued to City of Temecula. 11 EXHIBIT B Payment Rates and Schedule The consideration for these set-vices is; Pre - installation -Conference ---------------------------------------------- - - - - -- $ 3,450.00 • TPO Roofing, Tilc Roofing h Watei proofing • (3) 0 $ 1,150.0 %•ach • hicludes Submittal Reriews TPO and Paver Waterproofing Inspections • Ftill -Time hispections ---------------------------- ----------- -- --- - - - - - -- $ 8,700.00 • ?PO: Estimate (15) da }•s 0 S435.00 1da}y • 117- Estimate ( 5) does 0 $435.00 1drat.- • Final hispection: TPO --------------------------------------------- - - - - -- $ 1,3 0.00 Tile Roof Inspections ----------------------------------------------------- - - - - -- $16,350.00 • IRC estimates (5) Roof Sections to be suspected- • • (25) hispecrions @ ,S650.0 01each • Deck Inspection (5) Pre -Tile htspection (5) • Pintcltlist Verification (5) • Post•Tile hispectioits (5) • Pundrlist 1-erificdtioit (5) 'pFull -TitnC lisptelitmm Motilkation for Inspections In order to properly staff proiects with continuous inspections, IRC requires (48-hour) notification as to stag dale and time. The party tzsponsible will be determined by the client or its authorized reptzsentative. Orcrtinw Rates: 3fomdav - Friday Fur Full Tiiie htspmdois in vAct -4s of, an 5 -hour workday or a 40-hour Murulay - Friduy workweek. an nvrrtirete charge of 581- iNhntrr will apply to time in excP.s of this. stiltnlatinn. Weekend Rates.-Santrdar 8s. Sandai� Weekend Rates for Full -Tithe Continuous inspections are 563.50 /day. r\ratimialh- Aer4gidmd Nolidays . Fut! -Tsare htspretiuu rafts fur natiutwtly rt•cvgiizrd Holidays ure $570.00 /day. Canc:l(oiion of Work If the application contractor crutcels a scheduled workday without sufficient (34 -hour; notification to IRC, then one -half the daily rate will be charged. Estimation of Tunc Thr estiutatiun of "bays" for Full -Time C011 inUOUS Gupectiuns are fur budgetary purposes mly .rid ii based art infiorniaiion available at the time of request. Actual production "days" car vary substantially used on contractor selection, specified•systern and seasonal considerations. FIRSTAMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND IRC TECHNOLOGIES, INC. DBA INDEPENDENT ROOFING CONSULTANTS PWO6 -07 CIVIC CENTER THIS FIRST AMENDMENT is made and entered into as of November 9, 2010 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and IRC Technologies, Inc. DBA Independent Roofing Consultants, 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 March 16, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services ", in the amount of Twenty Nine Thousand Six Hundred and Fifty Dollars and No Cents (29,650.00). b. The parties now desire to change the Payment, as well as, revise the Notices section 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 B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Ten Thousand Dollars and No Cents ($10,000.00) for additional work associated inspection and testing for a total Agreement amount of Thirty Nine Thousand Six Hundred Fifty Dollars ($39,650.00)." 3. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing 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 or December 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 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 By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney IRC TECHNOLOGIES, INC. DBA INDEPENDENT ROOFING CONSULTANTS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael A. Wilsey, Principal Jeff Starr, CFO CONSULTANT IRC Technologies, Inc. DBA Independent Roofing Consultants Mike Wilsey, Principal 3 CIVIC CENTER Infrastructure Project Location 51 JF` �O NO 92 9� CIVIC CENTER Infrastructure Project Project Description: Design and construct an approximately 93,000 square -foot, three story City Administrative Building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located on City owned parcels located near the intersection of Mercedes and Main Street in Old Town. Benefit: Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. Project Status: This project is estimated to be complete by Fall of 2010. Department: Planning/ Public Works— Account No. 210.165.751 Priority: Actuals Future Total Project Project Cost: to Date 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Years Cost Administration $ 400,122 $ 1,074,262 $ 1,474,354 Acquisition $ 25,500 $ 56,200 $ 52,000 Construction $15,592,053 $15,956,470 $ 34,848,523 Construction Engineering $ 366,733 $ 63,636 $ 430,369 Design $ 4,736,600 $ 484,400 $ 5,221,000 Fixtures /Furn /Equip $ 1,199,844 $ 3,324,076 1 $ $ $ $ $ $ 4,523,920 Utilities $ 307,564 $ 2,436 $ 310,000 Totals $22,928,716 1 $23,961,480 1 $ $ $ $ $ $ 46,890,196 Actuals Future Total Project Source Of Funds: to Date 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Years Cost Capital Project Reserves $ 7,024,788 $15,691,206 $ 22,715,994 COPs $15,883,928 $ 7,450,274 $ 23,334,202 DIF (Corporate Faciltiies) $ 800,000 $ 800,000 DI F (Public Art) $ 20,000 $ 20,000 $ 40,000 Total Funding: $22,928,716 1 $23,961,480 1 $ $ $ $ $ $ 46,890,196 Future Operation & Maintenance Costs: 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 $900,000 1 $900,000 1 $900,000 1 $900,000 1 $900,000 93 Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: November 9, 2010 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Program - Nicolas Road, Project No. PW10 -05C PREPARED BY: Amer Attar, Principal Engineer - Cl P Chris White, Assistant Engineer - Cl P RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Nicolas Road, Project No. PW10 -05C. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2010 -2011, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities indicated in the previously generated Pavement Management System (PMS). The PMS prioritizes the areas in need of repairs and identifies the recommended method for these repairs. Using the PMS, staff selected a number of locations throughout the City that ranked high in the priority list. Nicholas Road, from Joseph Road to Calle Girasol, is the first of several pavement rehabilitation projects slated to be designed and bid for construction during the current fiscal year. The remaining projects will be brought before the Council when the design is complete. The rehabilitation of Nicholas Road from Joseph Road to Calle Girasol will include full depth reclamation of the eastbound lane and slurry sealing the westbound lane. The full depth reclamation process include grinding the existing asphalt, mixing it with the existing base, compacting it in place and overlaying it with a 2" thick course of fresh asphalt. The Engineer's Construction Estimate for the project is $ 220,000.00. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2011 -2015. The Pavement Rehabilitation Program is funded by Measure A. Adequate funds are available in the project accounts, ATTACHMENTS: 1. Project Description 2. Project Location 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 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Years 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 2013 -14 *Project cannot be constructed until a funding source is identified. 69 R1G1 o 0 CHORAS n FA 8 ti M O to L A S O Q i O 7 b O O N n b O n y h O a Item No. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: November 09, 2010 SUBJECT: Approval of Purchase and Sale and Donation Agreement Between the City of Temecula and Borchard - Temecula, LP, Regarding the Real Properties Identified as Riverside County Tax Assessor's Parcel Numbers 961- 440 -007, 961- 440 -008, 961- 440 -009, 961- 440 -012 and 961- 450 -014 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, IN SUBSTANTIALLY THE FORM ATTACHED, THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD- TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961- 440 -007, 961 -440- 008, 961- 440 -009, 961- 440 -012 AND 961- 450 -014 (Conveyance of open space land)." 2. Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 3. Authorize the Finance Director to issue a warrant for the sum of $1.00 for deposit with the Escrow Holder First American Title Insurance to complete the transaction. 4. Authorize the Finance Director to issue a warrant for an amount up to, and including, $30,000.00 for deposit with the Escrow Holder to clear title to the Subject Property if the City Manager authorizes the clearance of the monetary encumbrances and special assessments to clear title to the Subject Property described in the Agreement. BACKGROUND: Borchard - Temecula owns approximately 57.37 acres of vacant land generally located southeast of Pechanga Parkway and Temecula Parkway and identified as Assessor's Parcel Numbers 961- 440 -007, 961- 440 -008, 961- 440 -009, 961- 440 -012, and 961- 450 -014. Borchard - Temecula seeks to donate 55.67 acres of these parcels to the City and the City seeks to purchase the 55.67 subject acres from Borchard - Temecula for $1.00. The 55.67 -acres that are the subject of the Agreement are referred to below collectively as the "Subject Property." The Subject Property does not include the 1.7 -acre area that the City is acquiring in fee from Borchard - Temecula from the 35.05 -acre parcel identified as Assessor's Parcel 961- 450 -014. This 1.7 -acre area is the subject of the eminent domain proceeding titled City of Temecula v. Borchard- Temecula, et al., which was filed by the City of Temecula on February 17, 2009 as Riverside County Superior Court Case No. RIC 519298 to acquire certain real property interests for conservation easement purposes, and all uses necessary or convenient thereto in connection with the Pechanga Parkway Storm Drain Improvements — Environmental Mitigation (Project PW 99 -11 EM). The City and Borchard - Temecula would resolve the City's acquisition of the 1.7 -acre area in fee through the eminent domain proceeding. Borchard - Temecula recently approached the City about the proposed purchase /donation of the Subject Property to the City. City staff analyzed the potential donation and recommends that the City Council approve the Agreement. Discussion The Agreement provides the following • The City would pay $1.00 as the purchase price for the Subject Property. The City's purchase of the Subject Property (donation of the Subject Property by Borchard - Temecula) would not impact the obligations of the parties and the all- inclusive settlement agreed to in the eminent domain proceeding. • Borchard - Temecula would pay for the escrow - related costs, including the costs of the title policy. Borchard - Temecula would also pay for the costs of legal descriptions and plat maps of the Subject Property. • Pursuant to the Agreement, Borchard - Temecula would pay for the costs, up to $5,000 to remove the title non - monetary exceptions not permitted by the City. • Pursuant to the Agreement, Borchard - Temecula would also pay the costs of any monetary liens and encumbrances on the Subject Property, including the special assessments levied by Eastern Municipal Water District, Metropolitan Water District, Rancho California Water District, Riverside County Flood Control and Water Conservation District and the special assessments levied by the County of Riverside pursuant to Assessment District No. 159R -SA. Borchard - Temecula's maximum liability to clear these monetary encumbrances and special assessments is $25,000. The Agreement provides that the City may, at its sole discretion, pay up to, and including $30,000 to clear any remaining monetary encumbrances or special assessments after the payment of $25,000 by Borchard - Temecula. Under the Agreement, the parties may terminate the transaction if (1) Borchard - Temecula's costs to clear the monetary liens, encumbrances and special assessments exceed $25,000 and the City determines, at its discretion, not to contribute any sums to clear any remaining monetary encumbrances; or special assessments; or (2) the City's costs to clear such remaining encumbrances exceeds the $30,000 authorized by the Agreement. • The Agreement provides that escrow must close by December 29, 2010 to ensure that the donation takes place in the 2010 calendar year. The Agreement also provides that if the escrow for the Subject Property does not close by December 29, 2010, Borchard - Temecula has the option of terminating the transaction. Borchard - Temecula would pay any escrow - cancellation charges. • Borchard - Temecula has provided the City with a copy of the Phase I Environmental Site Assessment Report for the Subject Property. City staff has reviewed report. Upon close of escrow, the City would have no exception to the Phase I Environmental Site Assessment Report. • Borchard - Temecula would provide certain standard warranties regarding the Subject Property, but would not be required to do any additional tests related to the Subject Property. Except for the warranties provided in the Agreement, the City would acquire the Subject Property on an "as -is" and "where -is" basis. City staff has determined that the acquisition of the Subject Property pursuant to the Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to legal authority, including but not limited to Section 15317 of the CEQA Guidelines (14 Cal. Code Regs. § 15317). The Subject Property is open -space land that is subject to several conservation easements. The City's acquisition of the Subject Property would maintain its open -space character. Conclusion Staff concludes that accepting the donation of the Subject Property benefits the City by allowing the City to have additional environmental /conservation land for future mitigation use by the City on other projects. The City's acquisition of the Subject Property is in the public interest and necessity because the acquisition would maintain the open -space character of the property. FISCAL IMPACT: The City would pay $1.00 for the purchase /donation of the Subject Property. The City, at its sole discretion, may pay up to, and including, $30,000 to clear any remaining monetary encumbrances or special assessments levied against the Subject Property. In addition, the City may incur yearly maintenance costs as the fee owner of the Subject Property the value of which is unknown at this time.The Open Space Acquisition Program will be used to fund incurred costs as a result of this acquisition. Sufficient funds are available in the program Account No. 210 - 165 - 509 -5700. ATTACHMENTS: Purchase and Sale and Donation Agreement PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD - TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961 - 440 -007, 961 - 440 -008, 961 - 440 -009, 961 -440- 012 AND 961 - 450 -014 (CONVEYANCE OF OPEN SPACE LAND) This Purchase and Sale and Donation Agreement and Joint Escrow Instructions Between the City of Temecula and Borchard - Temecula, L.P. Regarding the Real Properties Identified As Riverside County Tax Assessor's Parcel Numbers 961 - 440 -007, 961 - 440 -008, 961 - 440 -009, 961 - 440 -012 and 961 - 450 -014 (Conveyance of Open Space Land) ( "Agreement ") dated and entered into as of November 9, 2010 ( "Agreement Date ") by and between the CITY OF TEMECULA, a municipal corporation ( "Buyer" or "City ") and BORCHARD - TEMECULA, L.P. a California Limited Partnership, formerly known as Borchard- LaVeme, LLC ( "Seller" or ` Borchard- Temecula ") constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to First American Title Insurance Company ( "Escrow Holder "). RECITALS A. Description of the Property. Seller is the record fee owner of certain real property, which consists of the following five parcels of vacant land located in the City of Temecula, County of Riverside, California (referred to below collectively as the "Property "): • An approximate 0.05 acre of vacant land identified as Riverside County Tax Assessor's Parcel Number 961 - 440 -007; • An approximate 0.01 acre of vacant land identified as Riverside County Tax Assessor's Parcel Number 961 - 440 -008; • An approximate 0.15 acre of vacant land identified as Riverside County Tax Assessor's Parcel Number 961 - 440 -009 • Approximately 22.11 acres of vacant land identified as Riverside County Tax Assessor's Parcel Numbers 961 - 440 -012; and • Approximately 35.05 acres of vacant land identified as Riverside County Tax Assessor's Parcel Number 961 - 450 -014 (referred to below collectively as the "Property "), excepting therefrom the approximate 1.7- acre area that the City is acquiring in fee from Seller in the eminent domain proceeding described below in Section B. of the Recitals. 11086 - 0158 \1290939v5.doc The Property consists of approximately 55.67 acres of vacant land (net of the approximate 1.7 -acre parcel described below in Section B. of the Recitals and referred to in this Agreement as the "Condemnation Parcel "). The portion of the Property comprised of Assessor's Parcel Numbers 961 - 440 -007, 961 - 440 -008, 961 - 440 -009 and 961 - 440 -012 is described more particularly on Exhibit "A" and depicted on Exhibit `B" to this Agreement. The portion of the Property comprised of Assessor's Parcel Number 961- 450 -014, excluding the Condemnation Parcel that is the subject of the Condemnation Litigation discussed below in Section B. of the Recitals, is described on Exhibit "C" and depicted on Exhibit "D" to this Agreement. Exhibits "A" `B" "C" and "D" are incorporated herein by this reference. B. Condemnation Litigation. On February 17, 2009, the City of Temecula filed a Complaint in Eminent Domain titled, City of Temecula v. Borchard- Temecula, et al., as Riverside County Superior Court Case No. RIC 519298 (referred to in this Agreement as the "Condemnation Litigation ") to acquire certain real property interests from the real property identified as Assessor's Parcel Number 961 - 450 -014 (formerly identified as Assessor's Parcel Number 961 - 010 -076) for public purposes, namely for conservation easement purposes, and all uses necessary or convenient thereto in connection with the Pechanga Parkway Storm Drain Improvements - Environmental Mitigation (Project PW 99-11 EM) ( "Project "). 1. Specifically, the City filed the eminent domain proceeding to acquire an approximate 1.70 -acre (74,251 square foot) permanent conservation easement that would be used to create approximately 1. 14 acres of riparian habitat and 0.56 acres of wetlands forthe Project. The Project would also require an approximate 0.52 -acre (22,648 square foot) area of an existing dirt road as a permanent access /water line easement. Further, the Project would require an approximate 0.58 -acre (25,007 square foot) grading easement to connect the conservation easement area and the access /water line easement area. 2. Borchard - Temecula requested that the City acquire the fee interest instead of an easement interest in the 1.70 -acre area and the City agreed to change the scope of the acquisition as requested by Borchard- Temecula. As indicated above, the 1.7 -acre fee area is referred to in this Agreement as the "Condemnation Parcel ". The Condemnation Parcel, the approximate 0.52 -acre (22,648 square foot) permanent access /water line easement, and approximate 0.58 -acre (25,007 square foot) grading easement needed to connect the conservation easement area and the access /water line easement that are the subject of the Condemnation Litigation are referred to collectively in this Agreement as the "Condemnation Property Interests ". 3. The City and Borchard- Temecula agreed that the City would pay the total just compensation of $50,800.00 (Fifty Thousand Eight Hundred Dollars) as an all - inclusive settlement of the Condemnation Litigation for the City's acquisition of the Condemnation Property Interests. The $50,800.00 total just compensation agreed to by the parties in the Condemnation Litigation is referred to below as "Condemnation Total Just Compensation "). The City is working with the California Department of Fish and Page 2 Borchard - Temecula. - Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 Game (on behalf of the State of California) to resolve any outstanding issues in the eminent domain proceeding. The State of California was named as a defendant in the eminent domain proceeding based on certain easement interests in favor of the State that overlap the Condemnation Property Interests the City seeks to acquire in the eminent domain proceeding. 4. The City and Borchard- Temecula will file a Stipulation for Entry of Judgment in Condemnation and Final Order of Condemnation ( "Stipulation for Judgment ") in the Condemnation Litigation when all issues with the State are resolved. The City and Borchard- Temecula agree that the City will acquire through the Condemnation Litigation, the Condemnation Parcel and pay for the benefit of Borchard- Temecula the Condemnation Total Just Compensation in said Condemnation Litigation, outside of the Escrow described in this Agreement. The City and Borchard - Temecula agree that this Agreement does not relieve the parties of their obligations regarding the terms agreed to in the Condemnation Litigation, including the City's payment of the Condemnation Total Just Compensation. The parties will satisfy their obligations regarding the City's acquisition of the Condemnation Parcel in the Condemnation Litigation, outside of the Escrow described in Section 2 below that the parties will establish for the transfer of the Property. The parties agree that Borchard - Temecula is conveying to the City in fee the areas comprising the 0.58 -acre grading area and the approximate 0.52 -acre access /water line area pursuant to this Agreement. The parties agree that they will reference this Agreement in the Stipulation for Judgment to explain the transfer of the 0.58 -acre grading area and the approximate 0.52 acre access /water line area. The parties further agree that if the Escrow fails to close for any reason, the City will acquire the Condemnation Property Interests in the Condemnation Litigation pursuant to the all- inclusive settlement terms agreed to by the parties in said Condemnation Litigation. C. Seller represents that it has not been actively involved with the Property since Seller's purchase of the Property in July 2003 because the Property is vacant, open - space land. Seller represents that the Property has development constraints based on the physical characteristics and location of the Property, and the regulations and encumbrances affecting the Property. Seller represents that its purchase of the Property was subject to certain existing agreements, some of which involve the City. After Seller's Purchase of the Property, the City purchased portions of adjacent vacant, open - space land from Seller for environmental and mitigation purposes. Seller further represents that it assumes the Property will remain vacant and that the City will cause the Property to be used for environmental, conservation, mitigation or open -space purposes in conformance with the Property's existing open -space zoning designation. D. Seller desires to sell and convey to Buyer, and Buyer desires to buy and accept the conveyance from Seller of the Property, on the terms and conditions set forth herein. NOW THEREFORE, subject to and in consideration of the above Recitals, which Page 3 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five (5) days after the Effective Date of this Agreement Date, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in Section 22.e. below. Close of Escrow means the date on which the Grant Deeds are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring thirty (30) days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller, but without any duty or other obligation of Seller to repair or restore the Property as the result of any such loss or damage. In no event shall Close of Escrow occur after December 29, 2010. After such December 29, 2010 closing deadline, Seller has the right to cancel this Agreement at Seller's election by notice to Buyer without liability or cost to Seller whatsoever, except for any Escrow charges incurred by Seller in connection with this Agreement prior to December 29, 2010. It is a material consideration to Seller that the Close of Escrow take place in the 2010 calendar year and that the transfer and donation of the Property to Buyer take place in the 2010 calendar year. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $1.00 (One Dollar and no /100) referred to below as the "Purchase Price "). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. a. As indicated in Section B. of the Recitals above, the City is required to pay to Borchard - Temecula, outside of this Escrow in the Condemnation Litigation, the Condemnation Total Just Compensation for the Condemnation Property Interests. b. Seller has informed buyer that it obtained a fair market appraisal of the Property indicating that the fair market value of the Property is $1,065,000.00. Buyer does not have a copy of said appraisal and hereby relies on Seller's representation. The Parties agree and understand that Seller is also donating the Property to the City and that Seller will seek to obtain atax deduction for the difference between Seller's costs of the Page 4 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 transaction that is the subject of this Agreement plus Seller's third -party appraised value for the Property ($1,065,000) and the Purchase Price ($1.00) paid by the City to Seller for the Property. Seller is solely responsible for consulting its tax advisor regarding said tax deduction and verifying the availability of said tax deduction to the transfer of the Property. 4. Transfer of Propertv Benefits Both Parties. The parties hereby acknowledge and agree that the transfer of the Property as set forth in this Purchase and Sale Agreement benefits both parties. Seller represents that although it is selling the Property for less than its fair market value, Seller believes it will benefit from the transfer of the Property and that said transfer will relieve Seller of the obligation to pay property taxes in the future and provide Seller a tax deduction as described in Section 3.b. above. Buyer intends to use the Property for public purposes. It is a material consideration to Seller that the City, as a municipal corporation, is a valid donee for purposes of Seller obtaining a tax deduction for the transfer and donation of the Property to Buyer as described in Section 3 above. 5. Title and Title Insurance. a. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Escrow Holder will cause the easement and encumbrances shown as exceptions in Schedule B of the title commitment to be identified and plotted. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the Property, which is described above in Section A. and in Exhibits "A" through "D" to this Agreement, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of $1,065,000.00 (One Million Sixty -five Thousand Dollars) (the "Policy "). Seller will pay for the costs of the Policy. Seller will also pay for the Escrow Holder's costs to plot/identify the easements and encumbrances identified in the exceptions to the Policy that are recorded against the Property. If Buyer elects to obtain an ALTA Extended Coverage Policy in the amount of $1,065,000.00 instead of a CLTA Owner's Standard Coverage Policy of Title Insurance, Buyer will pay the difference in the costs between the ALTA Extended Coverage and the costs of the Policy as provided below in Section 4.c. b. The Policy provided for pursuant to this Section will insure Buyer's interest in the Property free and clear of all monetary liens, encumbrances, restrictions, and rights -of -way of record, subject only to the following permitted conditions of title ( "Permitted Title Exceptions "): i. Real property taxes for the current tax fiscal year that are not yet due and payable, which Seller agrees to pay current as of the Close of Escrow. ii. The applicable zoning, building and development regulations of Page 5 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 any municipality, county, state or federal jurisdiction affecting the Property; and iii. All other title matters approved by Buyer within ten (10) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer disapproves any such exceptions by providing notice of disapproval or by Buyer's failure to give notice of approval by the above deadline, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer and Seller (less their respective share of escrow cancellation charges, if any), and this Agreement will have no further force or effect. If Buyer disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow, subject to the right of Seller to terminate this Agreement if the cost to Seller to remove such exceptions exceeds $5,000 for all title matters disapproved by Buyer. If Seller exercises its right to terminate this Agreement pursuant to this Section, Seller will provide notice to Buyer within seven (7) days after Buyer's disapproval as set forth above. If such Buyer- disapproved title exceptions are not removed by the Close of Escrow or if Seller has elected to terminate this Agreement as provided in the preceding sentence, then Buyer may, at Buyer's option, either accept the Property subject to such Buyer- disapproved title exceptions (whereupon such exceptions will be considered part of the Permitted Title Exceptions) or terminate the Escrow and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the Property will be free and clear of all title matters other than the Permitted Title Exceptions. C. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. If Buyer determines to obtain an ALTA Extended Coverage Form Policy of Title Insurance, Buyer will, at its sole expense, procure an ALTA survey and pay the difference in the costs between any such ALTA Extended Coverage Form Policy of Title Insurance and a CLTA Standard Coverage Form Owners Policy of Title Insurance. 6. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 (fifteen) days after the date this Agreement is fully executed by the parties. 7. Grant Deeds. Seller covenants and agrees to deposit with Escrow Holder within 15 days after the date this Agreement is fully executed by the parties, the Grant Deeds ( "Grant Deeds ") duly executed and acknowledged by Seller, granting and conveying to Buyer the Property in fee, subject to the Permitted Title Exceptions and also to all matters that are evident from an inspection of the Property. The form of the Grant Deed for Assessor's Parcel Numbers 961 - 440 -007, 961 - 440 -008, 961 - 440 -009 and 961- 440 -012 is attached as Exhibit "E" to this Agreement. The form of the Grant Deed for Assessor's Parcel Number 961 - 440 -014, excluding the Condemnation Parcel described above in Section B. of the Recitals and which is part of the Condemnation Property Interests, is attached as Exhibit "F" to this Agreement. Exhibits "E" and "F" are incorporated herein by this reference. Buyer will accept said executed Grant Deeds prior Page 6 Borchard - Temecula. - Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 to recording. 8. Seller Obligations to Buyer and Conditions Precedent to Close of Escrow. Seller agrees that Seller's obligations to Buyer under this Section are a condition precedent to the Close of Escrow. Seller hereby agrees that it will complete the following prior to Close of Escrow: a. Seller will provide to Buyer the legal descriptions and plat maps for the Property by requesting the title insurer to do so. Seller is solely responsible for the costs of the legal descriptions and plat maps. Seller understands that the legal descriptions and plat maps are necessary for the Grant Deeds. Seller has no obligation to conduct a survey or otherwise pay for a survey. b. Seller agrees that prior to the Close of Escrow, Seller will deposit into Escrow the funds necessary to ensure that that Buyer receives title to the Property with all applicable property taxes paid current as of the date of Close of Escrow and free and clear of any monetary liens or encumbrances on the Property as provided in Section 4.a. above. Said monetary encumbrances include, but are not limited to assessments levied by the Metropolitan Water District, Eastern Municipal Water District, Rancho California Water District, Riverside County Flood Control and Water Conservation District, and assessments levied by the County of Riverside pursuant to Assessment District No. 159R -SA, including, the following: (1) an approximate $5,587.21 assessment on Assessor's Parcel Number 961 - 450 -014; (2) an approximate $3,533.71 assessment on Assessor's Parcel Number 961 - 440 -012; and any assessments levied by the County of Riverside on Assessor's Parcel Numbers 961 - 440 -007, 961 - 440 -008 and 961 - 440 -009. Seller's maximum liability for all matters under this Section 8.b. is $25,000.00. Buyer, at its sole discretion, may determine to pay for any monetary encumbrances under this Section 8.b. that exceed the Seller's maximum liability of $25,000.00 to prevent the termination of this transaction. Buyer, in its sole discretion, may pay up to $30,000.00 to clear any monetary encumbrances under this Section 8.b. that remain on the property after Seller's contribution of $25,000.00. Either party may terminate this Agreement (1) if the cost of clearing said monetary encumbrances, property taxes or assessments is greater than Seller's $25,000.00 maximum liability and the City determines, in its sole discretion, not to contribute any sums to clear said monetary encumbrances, property taxes or assessments above the $25,000.00 maximum liability of Seller; or (2) Buyer's costs to clear any monetary encumbrances, property taxes or assessments remaining on the Property after Seller's maximum contribution of $25,000.00 exceeds $30,000.00. C. Seller delivered to Buyer the Phase 1 Environmental Hazards Assessment (Phase 1) prepared in accordance with Buyer's requirements by Leighton Engineering prior to the Agreement Date. Buyer approves said Phase 1 as of the Agreement Date. 9. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and Page 7 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price and the funds deposited by Seller discussed in Section 8.b. above to obtain a full reconveyance of any monetary liens or encumbrances on the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow, including but not limited to assessments levied by the Metropolitan Water District, Eastern Municipal Water District, Rancho California Water District, Riverside County Flood Control and Water Conservation District, and special assessments levied by the County of Riverside pursuant to Assessment District 159R -SA. b. City will have deposited with Escrow Holder the Purchase Price. C. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 15; and d. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deeds. 10. Escrow Charges and Prorations. a. Seller agrees that it will pay for the costs of the CLTA Owner's Standard Coverage Policy of Title Insurance, Escrow Costs and Escrow Holder's customary out -of- pocket expenses for messenger services, long distance telephone, and recording of the Grant Deeds. Seller will pay for any documentary or other local transfer taxes, and any other recording fees. As set forth above in Section 5.a., Seller will also pay for the Escrow Holder's costs to plot/identify the easements and encumbrances identified in the exceptions to the Policy that are recorded against the Property. If the Escrow fails to close through no fault of either party, Seller will pay for the Escrow cancellation charges. If Buyer agrees to obtain the ALTA Extended Coverage Policy, Buyer agrees to deposit with Escrow Holder the difference between the costs of the ALTA Extended Coverage Policy and the CLTA Owner's Standard Coverage Policy of Title Insurance as set forth above in Section 4.c. b. Taxes and assessments will be apportioned and prorated for the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments due for the period from an after Page 8 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 Close of Escrow. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and /or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. C. All prorations will be determined on the basis of a 365 -day year. 11. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and a Phase 2 environmental site assessment thereof, but any such entry on and work performed by Buyer on the Property is subject to Buyer conforming to all recorded agreements affecting the Property (such as specific open space restrictions or the specific rights of third - parties on certain portions of the Property pursuant to such restrictions). Buyer will give Seller 10 (ten) hours written notice before going on the Property. Buyer does hereby indemnify, protect and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property that is in any way connected with Buyer's work, inspections or non - permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license will terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer will remove or cause to be removed all of Buyer's personal property, facilities, tools and equipment from the Property and restore the Property as close to possible to its original condition after any soil or geological testing. Buyer will provide to Seller, without any warranty or representation, a copy of any testing reports of the Property completed by Buyer pursuant to this Section. The obligation of the City to indemnify for any such damage under this Section 11 relating to the City's license to enter will survive Close of Escrow or termination of Escrow. 12. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer, based upon the present actual knowledge of the signatory for Seller below as of the Agreement Date and without any obligation of such signatory to conduct any test or investigation or to undertake any further due diligence regarding any of such Seller - warranted matters listed below in this Section 12, it being expressly understood and agreed that all such Seller representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: Page 9 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 a. As of the Close of Escrow: (i) the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos, which in each instance do not conform to applicable laws and regulations; (ii) there are no businesses on the Property; and (iii) Seller has no notice of any pending or threatened litigation arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify, protect and hold Buyer harmless for a breach of this warranty and representations provided herein. If, after the Close of Escrow, the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination, including Seller if it is proven that Seller was a party to such contamination and thereby breached this warranty. b. That Seller is the sole owner of the Property. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presently claimed or that will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced by or for Seller prior to the Close of Escrow e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof of which Seller is a party, except for any existing recorded environmental and conservation easements and the Permitted Title Exceptions that do currently affect the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f. Except for the Condemnation Litigation disclosed above in Section B. of the Recitals, Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. Page 10 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 13. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. C. Buyer acknowledges and agrees that it is experienced in acquiring and owning properties similar to the Property, and that Buyer will, during the Escrow Period, thoroughly inspect, test, study, review, and investigate all aspects of the Property to its full satisfaction, and that the Buyer acknowledges and agrees, subject solely to the representations contained in Section 12 hereof, that Buyer is relying solely on its own investigation in making its decision to acquire the Property. Buyer further acknowledges and agrees that except as otherwise specifically set forth in Section 12 of this Agreement, Seller is not making and hereby specifically disclaims making any warranty, guarantee, or representation of any kind or character, whether express, implied, statutory, or arising by operation of law, oral or written, past, present or future, of, as to, or concerning the Property, including without limitation the physical and environmental nature and condition of the Property. Further, Buyer hereby expressly acknowledges and agrees that, except for the Seller - warranted matters described in Section 12 above, Buyer assumes all risk regarding all other matters affecting the Property, including without limitation adverse physical conditions. Buyer further acknowledges and agrees that except as otherwise specifically set forth in Section 12 of this Agreement, Buyer is purchasing the Property form Seller strictly on an "as-is" and "where -as" basis regarding each and every patent, latent fact, condition, aspect and /or defect regarding the property whether or not such fact, condition, aspect and /or defect is now known or unknown to Buyer. Except as otherwise specifically set forth in Section 12 of this Agreement and except for any Escrow Costs and Seller -funds required for the transfer of the Property pursuant to this Agreement, Buyer releases Seller from any other expense and liability regarding the Property. Buyer further acknowledges and agrees that Seller would not sell and donate the Property to Buyer under the terms of this Agreement but for Buyer's acceptance of the Property and release of Seller as described in this Section 13.c. 14. Citv's Full Pavment of Purchase Price. a. It is understood and agreed between Seller and Buyer that, except for the Condemnation Total Just Compensation due to Seller from Buyer in the Condemnation Litigation, the City's payment to Seller of the Purchase Price set forth in this Agreement is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and Page 11 Borchard - Temecula. - Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 specifically includes, but is not limited to, just compensation for the land comprising the Property and all improvements on the Property, claims arising in connection with or out of the Buyer's acquisition of the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. The City and Borchard - Temecula acknowledge and agree that the City is obligated to pay, outside of this escrow, the Condemnation Total Just Compensation agreed to by the parties in the Condemnation Litigation disclosed in Section B. of the Recitals above. The parties further acknowledge and agree that this Purchase and Sale Agreement does not relieve Buyer and Seller of their obligations and agreements to the terms of the all - inclusive settlement of the Condemnation Litigation. b. The parties acknowledge that the Property consists of vacant land and that the Buyer's acquisition of the Property will not result in the displacement of any person from the Property. Accordingly, it is further understood and agreed by Seller that Buyer will have no further obligation to Seller under any federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). C. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. d. Seller and Buyer each acknowledge that they may have sustained, and may in the future sustain, damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future regarding the Property. Nevertheless, Seller and Buyer hereby acknowledge, agree and confirm that this Agreement has been negotiated and agreed upon in light of that situation, and Seller and Buyer hereby expressly each waive for itself and its respective officers, partners, officials and assigns, any and all rights that such party may have against the other under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: Page 12 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: e. This Section will survive the Close of Escrow. 15. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow, all of Seller's representations and warranties contained in this Agreement are true and correct; b. That the parties will deliver to Escrow Holder all documents pursuant to Sections 6 and 7 of this Agreement; C. That the parties will deliver to Escrow Holder all funds pursuant to Sections 8 and 10 of this Agreement; d. Title Company's commitment to issue in favor of Buyer a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to $1,065,000.00. e. Buyer's approval, by the deadlines provided for in this Agreement, of all matters that are subject to Buyer's approval. Buyer's closing of Escrow, however, will supersede all unmet Buyer approval rights and, instead, confirm and represent Buyer's unconditional approval and consent to each of those Buyer- approval matters described in this Agreement whether or not Buyer has previously approved each such matter by the applicable Buyer- approval deadline in this Agreement. 16. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos - containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; Page 13 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U. S. C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 17. Certification of Non - Foreign Status. Seller agrees to deliver to Escrow Holder, prior to Close of Escrow, a certification of Non - Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131. 18. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non - defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non - defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any, except for its share of the Escrow cancellation charges. If Seller is the non - defaulting party, Seller will thereupon promptly receive a refund of all prior deposits, if any, except for its share of the Escrow cancellation charges. Such termination of the Escrow by a non - defaulting party will be without prejudice to the non - defaulting party's rights and remedies at law or equity. Page 14 Borchard - Temecula. - Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 19. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 -9033 Attention: Shawn Nelson, City Manager E -mail: shawn.nelson @cityoftemecula.org COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071 -3101 E -mail: pthorson @rwglaw.com SELLER: Borchard - Temecula, L.P. c/o John Heffernan, Esq. 23 Corporate Plaza Drive, Suite 200 Newport Beach, California 92660 -7957 E -mail: i.hff @aol.com ESCROW First American Title Insurance HOLDER: 3400 Central Avenue, Suite 100 Riverside, California 92506 Telephone No. (951) 787 -1757 Fax No. (866) 558 -2890 20. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 21. Amendments. Any amendments to this Agreement will be effective only Page 15 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 if in writing and when duly executed by both Buyer and Seller, and delivered to the other party, and if affecting Escrow, a duplicate executed photocopy deposited with Escrow Holder. 22. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person that is not contained herein will be valid or binding on Seller or Buyer. C. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time ofEssence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. In no event shall Seller be obligated to sell or otherwise convey the Property to Buyer after December 29, 2010. The parties agree that if the Escrow has not closed by December 29, 2010, Seller's obligations under this Agreement are terminated and Seller is free to sell, convey and donate the Property to any party so chosen by Seller. As set forth above, Seller shall pay for any escrow - cancellation charges. The parties agree that the donation of the Property by Seller to Buyer in the 2010 calendar year and that the Close of Escrow occur on or before December 29, 2010 are material considerations to Seller in this transaction. e. Days. Unless otherwise stated, the reference to "days" in this Agreement means calendar days with extension for any deadline that occurs on a weekend, day when Federal - licensed banks are not open in California, and any day that the City is not open for business. f Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the Page 16 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 delivery of the original signature pages by U.S. Mail. Documents may be transmitted to the parties in PDF form to the proper notice address set forth above. g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. h. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each party has had the opportunity to have its counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. i. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, either party, in its sole discretion, may rescind this Agreement by notice to the other party not later than the scheduled Closing Date. 23. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 24. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 25. Assignment. Buyer may not assign its rights under this Agreement nor designate a nominee to acquire all or any portion of the Property prior to the Close of Escrow because the tax -donee status of Buyer is critical to Seller's intended donation of the Property under this Agreement. Any such assignment by Buyer will allow Seller to terminate the Agreement without liability to Buyer. Page 17 Borchard - Temecula. - Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 26. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Sections 12, 13, and 14 above, and the City and Seller release Escrow Holder from liability or obligation as to these Sections. HI HI IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER BORCHARD - TEMECULA, L.P., a California Limited Partnership Approved as to form: JOHN B. HEFFERNAN HEFFERNAN & BOORTZ, ATTORNEYS John B. Heffernan Attorney for Seller BUYER CITY OF TEMECULA, a Municipal Corporation Dated: By: Borchard - Temecula, LLC, a California Limited Liability Company, its sole General Partner John B. Heffernan, Manager Jeff Comerchero, Mayor Page 18 Borchard - Temecula. - Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney Page 19 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 EXHIBIT `B" [INSERT MAP DEPICTING APNS 961 - 440 -007, 961 - 440 - 008,961- 440 - 009,961- 440 -012] Page 20 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 EXHIBIT "C" LEGAL DESCRIPTION OF APN 961 - 450 -014, EXCEPTING 1.7 -ACRE AREA IN FEE THE "REMAINDER PARCEL" AS SHOWN ON PARCEL MAP NO. 30180, ON FILE IN BOOK 208, PAGES 56 THROUGH 61 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 14, 2001, AS INSTRUMENT NO. 561440 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION FO SAID LAND GRANTED TO THE CITY OF TEMECULA BY DEED RECORDED APRIL 25, 2005 AS INSTRUMENT NO. 2005 - 0322891 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE FOLLOWING REAL PROPERTY: PARCEL "A" CONSERVATION AREA IN FEE BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL `B" OF THE "WETLAND CREATION AREA" AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 14, 2001 AS INSTRUMENT NO. 561440 OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF THE "WILDLIFE CONSERVATION EASEMENT" AS DESCRIBED IN INSTRUMENT NO. 366277, RECORDED OCTOBER 8, 1997 OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 60030'00" WEST, 63.17 FEET (NORTH 60 031'05" WEST, 63.17 AS RECORDED IN SAID INSTRUMENT NO. 561440) ALONG THE NORTHERLY LINE OF SAID PARCEL `B ", "WETLAND CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 190.00 FEET; THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL `B" "WETLAND CREATION AREA" THROUGH A CENTRAL ANGLE OF 33 012'50 ", AN ARC LENGTH OF 110.14 FEET; Page 21 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 THENCE SOUTH 86 017'10" WEST, 131.69 FEET ALONG SAID NORTHERLY LINE OF PARCEL `B ", "WETLAND CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 190.00 FEET; THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL `B ", "WETLAND CREATION AREA" THROUGH A CENTRAL ANGLE OF 30 010'07 ", AN ARC LENGTH OF 100.04 FEET; THENCE NORTH 63032'43" WEST, 23.37 FEET ALONG SAID NORTHERLY LINE OF PARCEL `B ", "WETLAND CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 500.00 FEET. THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL `B ", "WETLAND CREATION AREA" THROUGH A CENTRAL ANGLE OF 25 059'49 ", AN ARC LENGTH OF 226.87 FEET; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL "B ", "WETLAND CREATION AREA" SOUTH 86 054'37" EAST, 548.70 FEET; THENCE SOUTH 82 038'40" EAST, 224.77 FEET; THENCE SOUTH 89 034'27" EAST, 489.39 FEET TO A POINT ON THE NORTHERLY LINE OF SAID "WILDLIFE CONSERVATION EASEMENT'; THENCE SOUTH 55052'16" WEST, 64.65 FEET ALONG THE NORTHERLY LINE OF SAID "WILDLIFE CONSERVATION EASEMENT'; THENCE SOUTH 72 053'44" WEST, 201.78 FEET ALONG THE NORTHERLY LINE OF SAID "WILDLIFE CONSERVATION EASEMENT'; THENCE NORTH 85 °45'31" WEST, 386.01 FEET ALONG THE NORTHERLY LINE OF SAID "WILDLIFE CONSERVATION EASEMENT" TO THE POINT OF BEGINNING. Page 22 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 EXHIBIT "D" [INSERT MAP DEPICTING APN 961 - 450 -014, EXCEPTING 1.7 -ACRE AREA IN FEE] Page 23 Borchard - Temecula. — Purchase and Sale and Donation Agreement 11086- 0158/1290939v5 JEDEDIAHSMITHRD ------- =------- i 8 e N CL Z � 'k -- 00 0 CM M 999 T W N3380 0�pl U1d cc� 40 40 w o o m Wa r'- R 1'F , r e r c t " IQ; Ol ZA ••• W; •••• all ♦•.• • I • uVa9mnm 1 � 5• I I 1 I I � I C W ate, a IL ul i�o" RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD - TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961- 440 -007, 961 -440 -008, 961 -440 -009, 961 -440 -012 AND 961 -450 -014 (Conveyance of open space land) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. Borchard - Temecula, L.P., a California Limited Partnership is the fee owner of approximately 57.37 acres of vacant land located southeast of Pechanga Parkway and Temecula Parkway, in the City of Temecula, identified as Riverside County Assessor's Parcel Numbers 961- 440 -007, 961- 440 -008, 961- 440 -009, 961- 440 -012, and 961- 450 -014). Borchard - Temecula recently offered to sell /donate to the City of Temecula 55.67 acres of the above parcels for $1.00. The 55.67 acres are referred to below collectively as the "Subject Property ". A. The Subject Property does not include the approximate 1.7 acre area in fee from the real property identified as Assessor's Parcel Number 961- 450 -014 that is the subject of the eminent domain proceeding titled City of Temecula v. Borchard- Temecula, et al., which was filed by the City of Temecula on February 17, 2009 as Riverside County Superior Court Case No. RIC 519298 to acquire certain real property interests for conservation purposes, and all uses necessary or convenient thereto in connection with the Pechanga Parkway Storm Drain Improvements — Environmental Mitigation (Project PW 99 -11 EM). The City and Borchard - Temecula, L.P. agreed that they would resolve the acquisition of the 1.7 -acre area in fee from Assessor's Parcel Number 961- 450 -014 through the eminent domain proceeding. B. The City's acquisition of the Subject Property is in the public interest and necessity because it would maintain the open -space character of the Subject Property. In addition, the City's acquisition of the Property would allow the City to have additional land for environmental /conservation purposes if necessary for future mitigation use by the City on other projects. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale And Donation Agreement and Joint Escrow Instructions Between the City of Temecula and Borchard - Temecula, L.P. Regarding the Real Properties Identified as Riverside County Tax Assessor's Parcel Numbers 961- 440 -007, 961- 440 -008, 961 -440- 009, 961- 440 -012 and 961- 450 -014 (Conveyance of Open Space Land)" ( "Agreement "), with such changes in the Agreement as may be mutually agreed upon by Borchard- Temecula, L.P. and the City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, on behalf of the City. The City shall place in the Office of the City Clerk a copy of the final Agreement when executed by the Mayor. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement, including but not limited to, approval and execution on behalf of the City of grant deeds, acceptances, escrow instructions, certificates, actions relating to clearing the encumbrances and assessments on the Subject Property, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. Section 4. Environmental Analysis. The City has determined that the acquisition of the Subject Property pursuant to the Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to legal authority, including but not limited to Section 15317 of the CEQA Guidelines (14 Cal. Code Regs. § 15317). The Subject Property is open -space land that is subject to several conservation easements. The City's acquisition of the Subject Property would maintain its open -space character. Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 9th day of November 2010. 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 Resolution No. 10- was duly and regularly 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: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 16 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: November 9, 2010 SUBJECT: Roripaugh Ranch - Approval of Fifth Operating Memorandum PREPARED BY: Cheryl Kitzerow, Associate Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIFTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR HRA RORIPAUGH 1 LLC AND HRA RORIPAUGH 2 LLC, OWNERS OF TRACTS 29661 -3 AND 29661 -4 WITHIN THE RORIPAUGH RANCH PROJECT BACKGROUND: The Roripaugh Ranch Specific Plan was approved by the City Council on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan "). On December 17, 2002, the City and Ashby USA entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC" (the "Development Agreement "). The Specific Plan and Development Agreement required Ashby USA to construct certain improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. Upon the completion of the reconstruction of the main entry road (Roripaugh Meadows Road) to the Phase 1 Panhandle Area ( "Panhandle "), sufficient Public Improvements have been constructed to permit the issuance of 107 building permit for the Panhandle. Pursuant to certain requirements of the Fourth Operating Memorandum approved on March 8, 2007, the City agreed to issue all 515 residential building permits forthe Panhandle; however, the letter of credit required forthe issuance of the permits was never posted by Ashby USA and no building permits were issued. In July 2009, the Temecula Public Financing Authority and Developer entered into that certain Amended and Restated Acquisition Agreement in which the Developer agreed that the City would construct the Phase 1 Public Improvements to be funded by Community Facility District No. 03 -02 (Roripaugh Ranch). The construction of the City Improvements by the City is anticipated to be completed before the end of 2011. HRA Roripaugh 1 and 2 LLC's have requested the City issue 199 building permits (of the 515 permits) for Planning Areas 3 and 4 within the Panhandle priorto the completion of all of the Phase 1 Public Improvements. The City is willing to issue the 199 building permits for Final Tracts 29661 -3 and 29661 -4 of the Panhandle upon the fulfillment of certain required improvements. Major provisions of the proposed Fifth Operating Memorandum between HRA Roripaugh 1 and 2 LLC's and the City include: • Prior to the 51't building permit, HRA shall signal at the intersection of Pourroy Road complete prior to the 108`h building permit. funds. begin construction and installation of the traffic and Murrieta Hot Springs. This work shall be HRA may be reimbursed for this work with CFD • Prior to the 108`h building permit, HRA will complete the Nature Trail and Slope landscaping immediately adjacent to Tracts 29661 -3 and 29661 -4, along the rear of the Panhandle. In addition, a one -year landscape maintenance bond would be submitted to the City. • Prior to the 108`h building permit HRA will complete the park located atthe Roripaugh Ranch Primary Recreation Center. • Prior to the 150`h building permit, HRA will complete the pool and Recreation Center Building located at the Roripaugh Ranch Primary Recreation Center. The Recreation Center would then be open for use by the residents. • Revise condition of approval pertaining to the construction of drainage facilities for the Panhandle (will require Planning Commission approval). The revised condition would allow deferral of constructing drainage facilities within Tracts 29661 -1 and 29661 -2 (under separate ownership) and would restrict building permit issuance for approximately 58 lots in Tract 29661 -3 whose storm drain runoff drains towards the detention basin located in Tract 29661 -1 until such time as the detention basin and associated drainage facilities are completed (requires collaboration with other property owners in the Panhandle). If condition of approval is not revised, HRA would construct and install detention basin and associated drainage facilities prior to 1 t building permit in the Panhandle. FISCAL IMPACT: None. HRA to pay for improvements. ATTACHMENTS: Resolution Fifth Operating Memorandum RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIFTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR HRA RORIPAUGH 1 LLC AND HRA RORIPAUGH 2 LLC, OWNERS OF TRACTS 29661 -3 AND 29661-4 WITHIN THE RORIPAUGH RANCH PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "Fifth Operating Memorandum to the Recorded Development Agreement Between City of Temecula and Ashby USA LLC" with such changes in said document as may be mutually agreed upon by the parties, the City manager and City Attorney as are in substantial conformance with the form of such agreement as presented to the City Council. The Mayor is hereby authorized to execute said Fifth Operating Memorandum on behalf of the City. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Fifth Operating Memorandum and to administer the City's obligations, responsibilities and duties to be performed under the Agreement. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this gth 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 Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the gth day of November, 2010, by the following vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589 -9033 Attention: City Clerk Exempt from recording fees pursuant to Government Code Section 27383 (Space above for recorder's FIFTH OPERATING MEMORANDUM TO THE RECORDED DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC RORIPAUGH RANCH PROJECT (Final Tract Maps 29661 -3 and 29661 -4) THIS FIFTH OPERATING MEMORANDUM to the Recorded Development Agreement Between the City of Temecula and Ashby USA, LLC ( "Memorandum ") is made and entered into as of October 26, 2010, by and between City of Temecula, a municipal corporation ( "City ") and HRA Roripaugh 1 LLC, a Delaware limited liability company ( "HRA 1 "), and HRA Roripaugh 2 LLC, a Delaware limited liability company ( "HRA 2 "). HRA 1 and HRA 2 are sometimes referred to hereinafter collectively as "HRA ". In consideration of the mutual agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and HRA agree as follows: 1. RECITALS. This Memorandum is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: A. HRA is the owner of that certain real property (the "Property ") located in the City of Temecula, County of Riverside, State of California and is generally known as Final Tract Maps 29661 -3 (which is owned by HRA 1) and 29661 -4 (which is owned by HRA 2), which property is more specifically described on Exhibit A, Legal Description of the Property, and is responsible for the development of the Property. B. On December 17, 2002, the City and Ashby USA, LLC, a California limited liability company ( "Developer ") entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC" which Development Agreement was recorded on January 9, 2003 in the Official Records of Riverside County as Document No. 2003 - 108567, which was amended on February 28, 2006 by the "First Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC" recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006- 0162268 (collectively, the "Development Agreement'). The Property is a portion of the real property subject to and encumbered by the Development Agreement. C. Section 3.5.5 of the Development Agreement authorizes Developer or an Owner (such as HRA) and the City to approve an "Operating Memorandum which does not constitute an amendment" to the Development Agreement, in order to implement the Development Agreement or provide for "changes, adjustments, or clarifications [that] are appropriate to further the intended purposes" of the Development Agreement. The First Operating Memorandum was entered into on October 21, 2004, the Second Operating Memorandum was entered into on March 21, 2006, the Third Operating Memorandum was entered into on August 31, 2006, and the Fourth Operating Memorandum was entered into on March 8, 2007. The Fourth Operating Memorandum was recorded on March 8, 2007 in the Official Records of Riverside County as Document No. 2007 - 0160512. D. The Roripaugh Ranch Specific Plan was approved by the City on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan "). The Specific Plan is part of the Development Plan as defined in Section I of the Development Agreement. "Project" shall mean that development project described in the Development Agreement and the Specific Plan. E. The Specific Plan and Development Agreement require the construction of certain Public Improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. F. Upon the completion of the reconstruction of the main entry road as described in the Specific Plan, sufficient Public Improvements will have been constructed to permit the issuance of 107 building permits for the Phase I of the Specific Plan (Panhandle Area) ( "Phase I"), of which the Property is a part. G. Pursuant to the Fourth Operating Memorandum, the City agreed to issue all 515 residential building permits for Phase 1 of the Project with the fulfillment of the following conditions, without application of force majeure: 2 1) Developer posts the Letter of Credit in the amount of $8,030,000 for the "Phase I Public Improvements" as described in Section 3 of the Fourth Operating Memorandum concurrently with the issuance of the fourth (4th) residential building permit for Phase I of the Project; 2) The Riverside County Flood Control District and the applicable Resource Agencies have issued such permits and approvals as necessary to construct the six foot (6') diameter storm drain necessary for completion of: (1) permanent access on Murrieta Hot Springs Road and Butterfield Stage Road for the fire station, except for sidewalks and landscaping; and (2) the Secondary Access required by Attachment 5 to the Development Agreement and as described in Section "n" of the conditions precedent to the 108 "' building permit in Appendix K to the Official Statement, except for landscaping and sidewalks; and 3) All other conditions and requirements for the issuance of the requested building permits, including but not limited to Building Codes plan checks, have been fulfilled except for completion of the Phase I Public Improvements. The letter of credit described in Section 3 of the Fourth Operating Memorandum was never posted with the City and no building permits were issued pursuant to the Fourth Operating Memorandum. H. The Phase I Public Improvements for the Project are described on Attachment 5 of the Development Agreement. The current status of the Phase I Public Improvements are as follows: 1) Fire Station. Construction has started on the Fire Station but is not yet completed. 2) Portion of Murrieta Hot Springs Road Construct full - width improvements from east of Pourroy Road at the northern project boundary to the MWD pipeline property. Construction has started but is not yet complete. 3) Portion of Murrieta Hot Springs Road Construct full - width improvements from MWD pipeline property to Butterfield Stage Road. Construction has started but is not yet complete. 4) Culverts for Santa Gertrudis Creek Construct full width arch culverts for Santa Gertrudis Creek at Butterfield Stage Road and North Loop Road. Construction is complete. 5) Culverts for Long Valley Wash. Construct full width arch culverts for Long Valley Wash at Butterfield Stage Road. Construction is complete. 6) 5.1 Acre Neighborhood Park. The neighborhood park in Planning Area 6 has been partially completed but has not yet been deemed complete or accepted by the City. It is controlled by an entity owned by Developer. 7) Roripau hg Valley Road. Street "A" (Roripaugh Valley Road) has been partially completed but has not yet been accepted by the City. 8) Fiesta Ranch Road. Street "B" (Fiesta Ranch Road) has been partially completed but has not yet been accepted by the City. 9) Nature WaWLandscape Areas. The nature walk and adjacent landscape areas (Lot 36) and the trail in Planning Area 7A have been partially completed but have not yet been deemed complete by the City. 10) Park at Private Recreation Center. The park portion of the private recreation center in Planning Area 5 has been partially completed but has not yet been deemed complete by the City. 11) BuildingTool Private Recreation Center. The building and pool portion of the private recreation center in Planning Area 5 have been partially completed but have not yet been deemed complete by the City. I. On or about July 21, 2009, Temecula Public Financing Authority (the "Authority ") and Developer entered into that certain Amended and Restated Acquisition Agreement (the "Amended and Restated Acquisition Agreement "). Pursuant to the Amended and Restated Acquisition Agreement the Developer agreed that the City would construct the Phase I Public Improvements defined in the Amended and Restated Acquisition Agreement, and described below for convenience, (referred to herein, as "City Improvements ") and the Authority agreed to fund the City's construction of the City Improvements through the Authority's Communities Facilities District No. 03 -02 (Roripaugh Ranch) (the "CFD "). Funding is currently available through the CFD for these City Improvements. Except for the City Improvements described in Sections 2)d. and 2)e. below, construction of the City Improvements by the City is anticipated to be completed before the end of 2011. The City Improvements are as follows: 1) Murrieta Hot Springs Road. a. Murrieta Hot Spring Road from west boundary of Tract 29661 to north boundary of Tract 29661. b. Murrieta Hot Springs Road from north boundary of Tract 29661 to Westside of MWD right -of -way — 2,300 feet. C. Murrieta Hot Springs Road from Westside of MWD right -of -way to Butterfield Stage Road — 1,500 feet. 2) Butterfield Stage Road. a. Butterfield Stage Road from north right -of -way of Murrieta Hot Springs Road to north right -of -way of Nicolas Road — 2,300 feet. b. Butterfield Stage Road from Nicolas Road to 550 feet south of Nicolas Road — 550 feet. c. Butterfield Stage Road from 550 feet south of Nicolas Road to southerly boundary line — 1,910 feet. d. Butterfield Stage Road from southerly boundary of Tract 29353 to 1,230 feet north of La Serena Way— 2,110 feet (50 percent within County). e. Butterfield Stage Road from 1,230 feet north of La Serena Way to La Serena Way — 1,930 feet. 3) Calle Chapos from Butterfield Stage Road to Walcott Lane — 500 feet. 4) South Loop Road. Full width improvements along frontage of Fire Station to intersection of Butterfield Stage Road. J. The City's construction of the above - described improvements to Murrieta Hot Springs Road and Butterfield Stage Road (even without the construction of the improvements described in Section I.H. 2)d. and 2)e. set forth above) as part of the City Improvements (the "Butterfield Stage Improvements ") effectively provides secondary access to Phase I of the Project for all public safety and fire protection purposes in satisfaction of the conditions of approval for the Project. K. HRA has requested the City to issue 199 building permits (for Final Tract Maps 29661 -3 and 29661 -4) of the 515 building permits for Phase 1 of the Project prior to the completion of all of the Phase I Public Improvements, and City is willing to do so based on the terms and conditions of this Memorandum. L. The changes, adjustments and clarifications of the Development Agreement set forth in this Memorandum are appropriate to further the intended purposes of the Development Agreement and the Specific Plan. M. There are other owners of Planning Areas within Phase I of the Project. It is the intent of the City to provide for the release of building permits to those owners on terms similar to those set forth in this Fifth Operating Memorandum. N. As used in this Memorandum, the following terms shall be defined as follows: 1) "Amended and Restated Acquisition Agreement" is defined in Section I.H. of this Memorandum. 2) "Authority" is defined in Section I.I. of this Memorandum. 3) `Butterfield Stage Improvements" is defined in Section I.J. of this Memorandum. 4) "CFD" is defined in Section I.I. of this Memorandum. 5) "City Improvements" is defined in Section I.I. of this Memorandum. 6) "Developer" is defined in Section I.B. of this Memorandum. The current status of Ashby USA and its successors is unknown and, therefore, the City makes no representations as the Developer or its ability to complete its obligations under the Development Agreement. 7) "Development Agreement" is defined in Section 1.13 of this Memorandum. 8) "Force Majeure" is defined in Section 4.D. of this Memorandum. 9) "Phase I Public Improvements" are the public improvements described in the Development Agreement and the Specific Plan as required for the homes in Phase I of the Roripaugh Ranch Project and are described in Attachment 5 of the Development Agreement. 10) "Project" shall mean that development project described in the Development Agreement and the Specific Plan. 11) "Property" is defined in Section I.A. of this Memorandum. 12) "Property Required Improvements" is defined in Section 2 of this Memorandum and are the public improvements HRA is required to complete prior to the City's issuance to HRA of 199 residential building pen-nits. 13) "Recreation Center Property" is defined in Section 2.A. of this Memorandum. 14) "Specific Plan" shall mean the " Roripaugh Ranch Specific Plan (SP 11)" approved by the City Council on November 26, 2002, as amended. 15) "TUMF Credit Agreement" is defined in Section 3.13. of this Memorandum; 16) "TUMF Improvements" are those certain Public Improvements to be constructed pursuant to the TUMF Credit Agreement. 2. ISSUANCE OF 199 BUILDING PERMITS FOR THE PROPERTY. The City shall issue to HRA 199 residential building permits (for Final Tract Maps 29661 -3 and 29661 -4) of the 515 residential building permits for Phase 1 of the Project upon the fulfillment of the following conditions (collectively, the "Property Required Improvements "), without application of force majeure: A. Prior to the issuance of the 108`x' residential building permit in Phase 1 of the Roripaugh Ranch Project, HRA shall complete or cause to be completed the Recreation Center Park Work (defined below) in connection with the private recreation center in Planning Area 5 (the "Recreation Center Property "). The "Recreation Center Park Work" shall consist of the work remaining to be completed on the park portion of the Recreation Center Property (to the reasonable satisfaction of the Director of Planning). B. Prior to the issuance of the 150 "' residential building permit in Phase 1 of the Roripaugh Ranch Project, HRA shall complete or cause to be completed the Recreation Center Building and Pool Work (defined below). The "Recreation Center Building and Pool Work" shall consist of the work remaining to be completed on the building and pool portion of the Recreation Center Property (to the reasonable satisfaction of the Director of Planning), but shall not include a transfer to the homeowner's association, which is not anticipated to occur until the homeowner's association's ownership and maintenance of the Recreation Center Building and Pool Work is economically viable. Following completion of the Recreation Center Building and Pool Work, HRA shall cause to be maintained the Recreation Center Building and Pool Work until the Recreation Center Property is transferred to the homeowner's association. On or before the completion of the Recreation Center Building and Pool Work, HRA will enter into an agreement with the owner of the Recreation Center Property to contribute towards the acquisition, construction and maintenance of the Recreation Center Property and the Recreation Center Building and Pool Work ( "Recreation Center Agreement "). Given that other Owners of Phase I (or the Panhandle) shall benefit from the Recreation Center Property, and the Recreation Center Building Pool Work, it is anticipated that other Owners in Phase I (or the Panhandle) also shall enter into Recreation Center Agreements with the owner of the Recreation Center Property. If requested by HRA, the City shall assist HRA and /or the owner of the Recreation Center Property in requiring the other Owners of Phase I (or the Panhandle) to enter into Recreation Center Agreements and, if necessary, the City shall require such Recreation Center Agreements to be in place prior to the release of building pennits to such other Owners. C. Prior to the issuance of the 108'' residential building permit in Phase 1 of the Roripaugh Ranch Project, HRA shall complete or cause to be completed 7 the Nature Trail and Slope Work (defined below) on Planning Area 7A. The "Nature Trail and Slope Work" shall consist of: (i) the work remaining to be completed for only those portions of the nature trail and adjacent landscape areas, as well as the slope, located on Planning Area 7A and which are immediately adjacent to, and along the frontage of, Tracts 29661 -3 and 29661 -4, including, without limitation, all permanent utilities, and the deeming of the work complete by the City (with a corresponding transfer of Planning Area 7A to the homeowner's association); and (ii) the submittal to the Director of Planning of a one -year maintenance bond pertaining only to those portions of the nature trail and adjacent landscape areas, as well as the slope, located on Planning Area 7A and which are immediately adjacent to, and along the frontage of, Tracts 29661- 3 and 29661 -4. D. Prior to the issuance of the 51" residential building permit in Phase 1 of the Roripaugh Ranch Project, HRA shall have commenced construction and installation of a traffic signal at the intersection of Pourroy Road and Murrieta Hot Springs Road. Prior to the issuance of the 108 "' residential building permit in Phase 1 of the Roripaugh Ranch Project, HRA shall have completed construction and installation of such traffic signal. The City already has caused to be designed the plans and specifications for the traffic signal, as well as the related right -hand and left -hand turn pockets required in comiaction therewith, and shall assign and /or make available to HRA such plans and specifications to enable HRA to pull improvement pennits related to the traffic signal without further processing or delay. HRA shalt bid the traffic signal work in accordance with the bidding and construction requirements of the Amended and Restated Acquisition Agreement applicable to public improvements paid for with CFD Bond funds. The Director of Public Works shall approve the bids for the work. HRA acknowledges that pursuant to the Amended and Restated Acquisition Agreement, it shall pay prevailing wages in accordance with Labor Code Section 1720, et seq. for the work. As soon as reasonably practicable, but not later than forty -five (45) days, following the City's acceptance of the traffic signal, the City shall reimburse HRA for its actual costs of the construction and installation of the traffic signal in accordance with Article V of the Amended and Restated Acquisition Agreement. E. Prior to the issuance of any residential building permits within Phase 1 of the Roripaugh Ranch Project, the Basin A System (defined below) shall be constructed and installed. In the event HRA constructs and installs the Basin A System, the City shall enter into a Reimbursement Agreement with HRA to allow them to recover from benefitting property owners in the vicinity their pro rata costs of constructing the Basin A System and related improvements. Notwithstanding the foregoing, however, upon approval by the City's Planning Commission of a revised condition of approval pertaining to the construction and installation of temporary or permanent drainage facilities so as to connect the drainage facilities on the Property to permanent drainage facilities (the "Revised Drainage Condition "), the following provisions shall apply: HRA acknowledges that it will not be allowed to pull building permits for all lots within Tract 29661 -3 whose storm drain runoff drains towards the detention basin located in Tract 29661 -1, until such time as the detention basin and associated drainage facilities are completed (the `Basin A System "). HRA will use its reasonable best efforts to join with the owners of Tracts 29661 -1 and 29661 -2 and complete the construction and share in the costs of the Basin A System. The City will assist HRA with completing the cost sharing agreement for the Basin A System. The City will allow occupancy for the other lots in Tract 29661 -3 and all of the lots in Tract 29661 -4, whose stone drain runoff drains towards the detention basin and associated drainage facilities located to the south of the Recreation Building (the "Basin B System "), upon the completion of the Basin B System. To the extent HRA does not have sufficient title or interest in the real property required for the construction or installation of the Basin A System or the Basin B System or both, HRA shall make a good faith effort to acquire the required property in a timeframe calculated to meet the obligations of this paragraph. If, following this effort, HRA is unable to acquire the required property, HRA may request that the City acquire the property pursuant to the provisions of Government Code Section 66462.5. The City shall consider in good faith the acquisition of the required property pursuant to an agreement in accordance with the provisions of Government Code Section 66462.5. Both parties acknowledge and agree that the acquisition of real property in accordance with the California Eminent Domain Law requires more time than the suggested timeframes of Government Code Section 66462.5 allow and therefore, the parties waive these time constraints and the Agreement shall so provide. The parties further acknowledge and agree that the City cannot exercise its power of eminent domain unless and until a Resolution of Necessity has been duly adopted by the City Council pursuant to law. The provisions of this paragraph are neither a commitment nor an announcement of intent by the City to acquire any or all of the property required for construction or installation of the Basin A System or the Basin B System or both. The parties shall enter into an agreement provided for the exercise of this section and the payment by HRA of necessary City expenses. F. All other conditions and requirements for the issuance of the requested building permits, including but not limited to Building Codes plan checks, have been fulfilled except for completion of the Phase I Public Improvements (which are being addressed pursuant to the terms and conditions of this Memorandum). 3. FEE CREDITS FOR PROPERTY A. DIF Credits. 1. General. Section 4.1. l of the Development Agreement governs the means by which the City's Development Impact Fees ( "DIF ") are collected and accounted for as regards the Project and the conditions under which DIF credits are available. 2. Street Improvement DIF Component. In accordance with Section 4.1.1.1. of the Development Agreement, the City will provide a 100% DIF credit for the street improvement DIF component, and thus not require cash payment to the City from HRA for this component. 3. Traffic Signal DIF Component. In accordance with Section 4.1.1.2. of the Development Agreement, the City will provide a 100% DIF credit for the traffic signal DIF component, and thus not require cash payment to the City from HRA for this component. 4. Library and Corporate Facilities DIF Component. No credit for the library and corporate facilities DIF component described in Section 4.1.1.3. of the Development Agreement shall be allowed and HRA shall pay the entire DIF for this component. 5. Fire Service Improvements DIF Com onent. In accordance with Section 4.1.1.4, the City will provide a 100% DIF credit for the fire service improvements DIF component, and thus not require cash payment to the City from HRA for this component. 6. Park and Recreation DIF Com onent. No credit for the park and recreation DIF component described in Section 4.1.1.5. of the Development Agreement shall be allowed and HRA shall pay the entire DIF for this component and HRA shall pay this DIF component; provided however, that the City shall refund to HRA the park and recreation DIF actually paid to the City, without interest, as soon as reasonably practical, but not later than forty -five days following the City's acceptance of the (1) 5.1 acre Neighborhood Park (Planning Area 6) as described in Section 4.1.1.5b. of the Development Agreement, and (2) street and right of way improvements as described in Section 4.1.1.5c. of the Development Agreement,. B. TUMF Credits. 1. City, Developer, other Owners and the Western Riverside County Council of Governments, a joint powers agency and council of governments organized under the laws of the State of California entered into that certain "Roripaugh Ranch Project Transportation Uniform Mitigation Fee Program Improvement and Credit Agreement dated as of February 28, 2006 (the "TUMF Credit Agreement "). 2. Pursuant to the TUMF Credit Agreement it is anticipated that the construction of TUMF Improvements contemplated therein will substantially exceed the TUMF obligations of the Owners and, therefore, HRA shall not be obligated to pay TUMF fees in connection with the 199 residential building permits referenced above. C. Quimby Fees. In accordance with Section 4.1.2. of the Development Agreement, the City will provide a 100% credit for HRA's proportionate share of the fees required by Section 16.33 of the City's Subdivision Ordinance 10 ( "Quimby Fees ") for the Property, and thus HRA shall not be required to pay Quimby Fees for the 199 permits for the Property. D. Development Agreement Fee. This fee was paid by Developer at the time of the issuance of the Bonds and, therefore, HRA shall not be required to pay this fee. E. Public Art, Open Space and Habitat Preservation Fee. HRA shall be required to pay the fees described in Section 4.1.4.b. of the Development Agreement. The fee described in Section 4.1.4.a. of the Development Agreement has been fully satisfied and is not required to be paid. F. Transit Contributions. HRA shall pay its fair share of the Transit Contribution in accordance with Section 4.1.5 of the Development Agreement. HRA's fair share of the Transit Contribution for Tract 29661 -3 shall be in the amount of $17,020 (or $300,000 multiplied by a fraction the numerator of which is the 99 lots within Tract 29661 -3 and the denominator is the 1,745 residential units allowed to be constructed in the Roripaugh Ranch Project), and shall be paid in full prior to the issuance of the first residential building permit in Tract 29661 -3. HRA's fair share of the Transit Contribution for Tract 29661 -4 shall be in the amount of $17,192 (based on the same formula and the 100 lots contained in Tract 29661 -4), and shall be paid in full prior to the issuance of the first residential building permit in Tract 29661 -4. G. MSHCP. The Development Agreement was approved prior to the adoption of the City's Multispecies Habitat Conservation requirements in Chapter 15.10 of the Temecula Municipal Code and, therefore, HRA is not required to pay the MSHCP fee otherwise required by Chapter 15.10. 4. LEGAL REMEDIES; RELEASE OF CLAIMS A. HRA's sole remedy in the event of a breach of this Memorandum by City shall be specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of this Memorandum. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Memorandum has begun. After such implementation, HRA may be foreclosed from other choices it clay have had to utilize the Property and provide for other benefits. City acknowledges that HRA has already invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Memorandum and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Memorandum, and it may not be possible to determine the sum of money which would adequately compensate HRA for such efforts. For the above reason, the City and HRA agree that damages may not be an adequate remedy if the City fails to carry out its obligations under this Memorandum and that HRA's sole legal or equitable remedy shall be the right to seek and obtain specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of 11 this Memorandum as a remedy for any breach of this Memorandum or the unlawful failure to issue building permits for Phase I of the Project and that specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of this Memorandum are available remedies in the event HRA establishes City's breach of this Memorandum or the unlawful failure to issue building permits for Phase I of the Project. Any such action shall be filed in the appropriate court within one (1) year from the date of the action by the City that is being challenged. B. HRA shall not retain the right to seek, and hereby expressly waives, the right to seek damages against City, its elected and appointed officials, agents, contractors and attorneys for any action or failure to act under this Memorandum. C. City shall have all legal and equitable remedies available to it, provided City shall not file any such action until twenty (20) days following notice to HRA of the alleged breach or other problem, except for such filings as may be necessary to preserve any applicable statute of limitations. During such 20 -day period the parties shall meet and confer in good faith in an attempt to resolve the dispute. D. Except as provided in Section 2 of this Memorandum, HRA shall not be deemed to be in default, subject to the provisions of this section, where failure or delay in performance of any of its obligations under this Memorandum is caused by floods, earthquakes, rain, fires, wars, riots or similar hostilities, beyond HRA's control, but for no other causes ( "force majeure "). If HRA claims force majeure pursuant to this section, the HRA shall notify the City within five (5) business days of the event. The cumulative days allowed for force majeure relief under this Memorandum shall be a maximum of forty -five (45) days. E. In consideration of the promise of the parties specified in this Memorandum and the need for HRA to obtain the early release of the Phase 1 building permits in order to facilitate the sale of the 199 lots of Phase l to a merchant builder, HRA shall fully and forever release, acquit, and discharge the City, Temecula Public Financing Authority, their officers, elected officials, attorneys, agent, servants, representatives, and employees ( "Release Party ") of and from any and all past, present, or future claims, demand, obligations, actions, causes of action for monetary damages or for relief by way of a writ of mandate for costs, losses of service, expenses, liability, attorney fees, suits, and compensation of any nature whatsoever, except for injunctive or declaratory relief or specific performance, whether based on tort, contract, or other theory of recovery, known or unknown, that they now have, have had, asserted or could have asserted because of any event, act, error or omission occurring up to and including the date of this Memorandum relating to the Specific Plan, Development Agreement, Deferral Agreement, First, Second, Third Operating and Fourth Operating Memoranda, the land use entitlements for the Roripaugh Ranch Project, the Bonds, or otherwise relate to the alleged actions or inactions of the Indemnified Parties with respect to the Roripaugh Ranch Project or the Bonds. The foregoing release shall not affect any rights, duties, or obligations arising under this Memorandum or arising in the future under any agreement between the parties thereto, subject to the terms of those agreements or an 12 action to compel the Authority to release the proceeds of the Bonds pursuant to the terms of the Acquisition Agreement. HRA acknowledges that it is familiar with Section 1542 of the California Civil Code which provides: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." HRA being aware of the aforesaid code section, hereby expressly waives any rights it might have hereunder with respect to the release described in this Section. F. Any legal action hereunder shall be heard by way of a reference from the Riverside County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et seq. HRA and the City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If the parties are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall be initially be borne equally by the parties. Any referee selection pursuant to this Section shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. G. If legal action is brought by any party against another for breach of this Memorandum or to compel performance under this Memorandum, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in this Section as an item of recoverable costs. 5. GENERAL PROVISIONS A. Pursuant to Section 3.5.5 of the Development Agreement, this Memorandum shall be attached to the Development Agreement as an addendum and thereafter become a part of the Development Agreement. B. As part of the Development Agreement, this Memorandum shall bind and inure to the benefit of the parties' successors, transferees and assignees to the same extent as the original Development Agreement. This Memorandum shall be recorded in order to ensure that subsequent owners of the Property are bound hereby. The parties agree that recordation is proper as a conveyance restriction under Government Code §27281.5. C. In entering into this Memorandum, the parties represent that they have relied upon the legal advice of their attorneys, who are the attorneys of their own 13 choice, and that these terms are fully undertaken and voluntary accepted by them. The parties further represent that they have no questions with regard to the legal import of any tern, work phrase, or portion of this Memorandum, or the Memorandum in its entirety, and accept the terms of this Memorandum as written. D. HRA on behalf of itself and its successors and assigns, acknowledges and agrees that this Memorandum is valid, lawful, and binding upon the HRA and its successors and assigns. E. Memorandum constitutes the entire agreement between the parties with respect to the subject matter hereof, and this Memorandum supersedes all previous negotiations, discussion, and agreement between the parties to this Memorandum with respect to its terms, and no prior evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof, except for the Development Agreement Specific Plan, the land use entitlements for the Roripaugh Ranch Specific Plan, and the First, Second, Third and Fourth Operating Memoranda. F. Except for the terms specifically set forth in this Memorandum clarifying and modifying the terms of the Development Agreement and Specific Plan, all other terms and conditions of the Development Agreement and the Specific Plan, shall remain in full force and effect. G. The recitals set forth above are true and correct and are incorporated hereby this reference. H. The City agrees that representatives of the City and representatives of the HRA will meet as frequently as reasonably necessary to discuss the status of the construction of the infrastructure and improvements and any problems encountered or anticipated with respect thereto. I. HRA warrants and represents to the City that it has obtained all required third party approvals of this Memorandum. J. This Memorandum shall not be effective and shall not be recorded until such time as all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed a Consent and Subordination in a form reasonably acceptable to the City Attorney. HRA warrants and represents to the City that there are no deeds of trust, or other similar financing documentation, encumbering all or any part of the Property. K. The following Exhibits are attached to this Memorandum and incorporated herein as though set forth in fidl: Exhibit A Legal Description of Property Exhibit B Consent and Subordination of All Parties Having an Interest in the Property 14 L. Except as otherwise expressly provided by law, any and all notice or other communications required or permitted by this Memorandum or by law to be served on or give to a party to this Memorandum by another party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or to any officer of that party, or, in lieu of personal service, on the third business day following deposit in the United States mail, Certified, postage prepaid, addressed to: To HRA: HRA Roripaugh 1 LLC HRA Roripaugh 2 LLC 12340 El Camino Real, Suite 250 San Diego, California 92130 Attention: Mr. James Hunter Mr. Eliot Peters With Copy to: Parks & Oberhansley, APLC 27250 Via Industria, Suite B Temecula, California 92590 Attention: Philip D. Oberhansley, Esq. To City: City of Temecula Post Office Box 9033 43200 Business Park Drive Temecula, California 92589 -9033 Attention: City Manager IN WITNESS WHEREOF, City and HRA have signed and entered into this Memorandum as of the day and year first above written. CITY OF TEMECULA Jeff Comerchero Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney 15 I'll, � HRA RORIPAUGH 1 LLC A Delaware Limited Liability Company By: HRA RORIPAUGH HOLDING COMPANY I LLC, a Delaware limited liability company, Its: Manager By: HRA RORIPAUGH MANAGEMENT LLC, a Delaware limited liability company Its: Manager By: HUNTER RA LLC, an limited liability company Its: Manager By: Name. G't ri� Title: HRA RORIPAUGH 2 LLC A Delaware Limited Liability Company By: HRA RORIPAUGH HOLDING COMPANY I LLC, a Delaware limited liability company, Its: Manager By: HRA RORIPAUGH MANAGEMENT LLC, a Delaware limited liability company Its: Manager By: HUNTER RA LLC, an limited liability company IaTifle: B &LL 16 State of Idaho County of Ada On this 2 "a day of November 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES H. HUNTER known or identified to me to be the Manager of the limited liability company of Hunter RA LLC and the manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. BIGe Notary Public = NoT.4,p t Residing in: Meridian, ID �'� 1 My commission expires: 1 -23 -12 pp C 8Lt t .,A 4P ''•..F OF ID P";.•• EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Tract 29661 -3: Lots I through 44, 46 through 59, 61 through 101 and Lots A through J of Tract No. 29661 -3, in the City of Temecula, County of Riverside, State of California, as per Map Recorded in Book 355, Pages 9 through 13 inclusive of Maps, in the Office of the County Recorder of Riverside County, Tract 29661 -4: Lots 1 through 101, and Lots A through G of Tract No. 29661 -4, in the City of Temecula, County of Riverside, State of California, as per Map Recorded in Book 355, Pages 14 through 17 inclusive of Maps, in the Office of the County Recorder of Riverside County. 17 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 17 ACTION MINUTES of OCTOBER 26, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:18 P.M. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 9 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Director Comerchero made the motion; it was seconded by Director Roberts and electronic vote reflected approval with the exception of President Washington who abstained. RECOMMENDATION: 9.1 Approve the action minutes of October 12, 2010. CSD BUSINESS 10 Mayor's Summer Youth Employment Program Update — received and filed. RECOMMENDATION: 10.1 Receive and file this report regarding the City sponsored Mayor's Summer Youth Employment Program 2010. CSD DEPARTMENTAL REPORT 11 Community Services Departmental Report CSD Action Minutes \102610 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:25 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 9, 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 \102610 DISTRICT BUSINESS Item No. 18 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 9, 2010 SUBJECT: Addendum to the Youth Master Plan RECOMMENDATION: That the Board of Directors approve the addendum to the Youth Master Plan addressing youth with special needs. BACKGROUND: In June of 2009 the Board of Directors directed the Community Services Department to prepare an addendum to our adopted Youth Master Plan that focuses on awareness of and serving youth with special needs. To accomplish this staff hired MIG, the company that worked with the City on the development of the original Youth Master Plan, to formulate the special needs addendum. To develop the addendum to the Youth Master Plan staff and the consultant worked with a steering committee consisting of elected officials, key stakeholders, educators, parents of youth with special needs and community leaders. The steering committee met on several occasions to provide their input, ideas and information for the addendum. In addition, a community workshop was held where members from the general public were able to come and provide their input and suggestions for the addendum. Individual interviews were held with key stakeholders to provide insight into the needs of youth with special needs. This process provided a great deal of information and allowed all segments of the community to provide their input. Through this process the consultant, staff, the steering committee and the community have identified a strategic direction that focuses on community education, volunteerism, training, public /private partnerships, programs and services to help our community be more aware and responsive to youth with special needs. Tonight our consultant Andy Pendoley of MIG is here to help provide the Board with a brief presentation on the strategic direction and goals established for the Youth Master Plan addendum for youth with special needs. FISCAL IMPACT: The cost to prepare the addendum to the Youth Master Plan was approximately $7,000. These funds were budgeted in the TCSD operating budget. ATTACHMENTS: Draft Addendum City of Temecula Youth Master Plan: Addendum for Youth with Special Needs DRAFT ADDENDUM November 1, 2010 Introduction In July 2009, the Temecula City Council directed the Community Services Department to prepare an addendum to the adopted Temecula Youth Master Plan (YMP) that focuses on serving youth with special needs. This addendum outlines a targeted set of strategies and actions developed through a community -based approach for community- driven implementation. Background Developed in 2007 -2008 through a community -based process involving a wide range of youth and stakeholders, the YMP responds to the growing challenges of providing productive, healthy and diverse activities and long -term support needed by the City's youth, teens and parents. The YMP documents the planning process and resulting action plan that involves all stakeholders in affecting changes for youth in the areas of safety, recreation, life and job skills, transportation, public - private partnerships, and more. While the YMP casts a wide net in addressing the needs of all youth, in 2009 the City Council recognized that youth with special needs and their families have unique and complex issues that are not easily addressed. The Community Services Department engaged a wide range of stakeholders with a vested interest in supporting the community's youth with special needs in an effort to create an additional set of tailored and focused strategies and actions. Similar to the YMP, the community's assets and needs of youth with special needs and their families would provide the foundation and direction for developing strategies and actions that facilitate partnerships, leverage existing resources, and capitalize on the "can do" spirit throughout the community. Process and Activities The process to create the addendum to the YMP began in September 2009 with select activities to engage a wide range of stakeholders with a vested interest in youth with special needs. Participating stakeholders represented parents of youth with special needs, public agencies, Prepared byMIG, Inc. City of Temecula Youth Master Plan Draft Addendum for Youth with Special Needs -1 1 /I/10 nonprofit organizations, educators, medical professionals, private businesses, and many others. Activities included the following: Prepared byMIG, Inc. City of Temecula Youth Master Plan Draft Addendum for Youth with Special Needs -1 1 /I/10 Steering Committee The Steering Committee included civic leaders, parents of youth with special needs, leaders of organizations that serve youth with special needs, educators, and other stakeholders. This group met to define who is considered a youth with special needs for the purposes of the addendum; identify community assets, challenges and gaps; and consider opportunities and strategic directions that could shape a set of strategies and actions. Community Workshops A community workshop was attended by over 35 people. Participants learned about the YMP and the addendum process, and provided valuable input about community assets, opportunities, and strategic directions. Stakeholder Interviews The project team conducted a total of six stakeholder interviews, asking key civic leaders, educators, a medical professional, and service providers to youth with special needs and their families to provide their perspectives about needs and assets. Participants also provided important background and information about priority strategies and partnerships for implementation. Defining Youth with Special Needs The strategic framework established for the YMP outlines the community's vision, values, and desired outcomes (see Chapter 2). The planning process for the addendum applied this framework as its basis and also defined youth with special needs to provide clear direction on who is to be served by this addendum's strategies and actions. In the City of Temecula, a youth with special needs is any child exhibiting physical, cognitive, emotional, or social needs who requires reasonable accommodations to participate in community activities. Strategic Directions The YMP strategic framework includes a set of strategic directions that outline the major categories of actions for achieving the community's vision and desired outcome. They are based on major themes that emerged from the multi - pronged community outreach during the initial phases of the planning process. Likewise, stakeholders involved in the addendum process produced strategic directions focused on youth with special needs as follows: Prepared byMIG, Inc. 3 City of Temecula Youth Master Plan Draft Addendum for Youth with Special Needs -1 1 /I/10 • Community Education — Educate and inform the community about youth with special needs and available services • Volunteerism— Create and promote volunteerism opportunities • Training— Expand training among key constituencies that serve or engage youth with special needs such as public safety, youth, volunteers, recreation providers, and food service • Public- Private Partnerships and Resources —Build new - -or expand current — partnerships among public and private sector organizations that improve coordination, bridge gaps in services, and leverage resources opportunities • Programs and Services — Provide, facilitate, collaborate and encourage programs and services, including recreation, sports and therapeutic opportunities that build on existing resources Prepared byMIG, Inc. \\ 0 (- 0\ /\ \ 7 ) \ � § / § � \ \ 5 \ \ / \ 6 \ § 2 2 / ( \ \ \ \ / 3 \ \ \ \ \ / \ 0 \ E E \ E \ / \ \ / \ \ \ \ \ \ \ & \ \ 3 / / \ E E \ \ \ \ 0 \ \ I \ \ \ E E u § \ % _/� « _ §\ k* \ /\ k \ \0 \ \ \ \ \ � 3 0 3 = ƒ 3 \ / \ g 2 _ ®\ } k / \ & E & \ k \ �E »& \ /5E §E& »r» °5 f § £ = < o E § E § s / t ƒ ƒ E / / 2 0 0 / » / ( 0 § j § § / £ u e =««/ u e u e« 2 2 u« u / 2 / E \� ( =0 3 2 e© 5 0 \ / \E > \ / \\ \ \\ \\ § 00 0U \\ /6 \\2 25 \ £0 2+ 0E E 20 E0 0 9 ) / oU -0 0 \ `0 0 oEs2 ,7 \ �� 0o 0 /\ »« D0 / / 0-0 -C E o ( ug ( / \\ \) \\ E ?2 / §2oe yE f/ = o 0 00 LO \ \ ( c O � N � N 7 Z O � p � U 7 N U fl- E - O T D O U r `O E D c Q 0 C TN p N �o E C ` � C O O O H vL 0 JO T c N H � N c t Q � a � N N Qj U C T 4 N O Q N \\ \� (-c \\ /\ \ \ \ \ \ \ / \ \ \ \ / \ \ E \ \ \ 2 E \ \ \ u I [ � k > \ _ _0 §\® - %zj—\—- /)f( \( \ \ \ c 3 3 Z o e 2 & ƒ §E § E§ (§ / 9 / z » z - } u e u««/ 2 / u e«« 2/ E _ s \ (e -C« 9 acso 0 3\ £ —o— >c \000 R33 =§ »==o c >e e, X323 6Ef §P /039 =Go 5\ o » G G> a o o±o� f §%e 22 eyyo us} 7\ LU \ j \ / \ ) \ \ 5 \ \ \ \ } \\ 0 (- �\ /0 \ \ _/ §\« � _ } —\ /)f( \( } } 2 0 r \ / » 2 \ \ 3 \ \ \ \3 &§ / \ / / 0 £ o u e / £ 2 \ \ ) \b 3\ § / »2 \ \ \ \ \ / \/ j \ / 2 % \ \� \ b \ 2 \ , /\\ \ / =f © y )\ \ \\\ O eEe 5; C \ \/ o 2 = } § \ oso «o/ x E z 0 > 2t go23o \2 \\ 2 f 0 _ u§ \ \ \ 8 \ \ ? \ G \ / / /j GE /\ /0 \C: » a \\ \ // /\ \� \� \0 /� /3 ƒ\ j2 � \ _/� §\« _ %zj — } — /)f( \( —\ \} } » E a a \3 &§ / \ / / 0 / o / / £ 2 \ \b 3\ »2 \\ \/ \ \ \� 2 \ \ / / )\ \ eEe \ \/ \ \ g x E z // \\ 2 m = - \ \ / Z} /a \� (- �\ \0 \ \ _/� Ef& _ E �2x % /§f /af000 '( -C — \ — \ — \ '( —f \ } u e o o e g e y g o e s o E E o= o o= j o 0 \ E E \ / \ © / ^ G / / a u \ j u \ \ \ j j} j ©} 9 3 \ 3 3 \ b\ }\ 7 3 G G 0§ 3\ o> a a> § 2 3 E E G / / / / £ \ / / / ? » ? / 2 & & O 0 / 2 © ® =b \ o \a\ -C §Q @ 0 2 00 =E P \70 \ \ \\ \ %\ \\ \ \E � \\ \/ \0 3, 0 —E I _« o, E\ co ,ot_ egg eo os o000 >/, ya a« Es ED o D- 0 uz4 '3 j \\ a)E0 \ Cl) , Cl) = a> m, m,» 7= - \ 2 \ \ \\ \� (- \\ /0 \ } _{� §C« _ %zj - } - /)f( \( : \e }j E \ } a / a } \ o E 0 \ _ \ 9 u E \ 2 U o g = s > k0 &» 0 o 0 \ / ƒ ƒ E E§ §E& f \\ = § o E c / / / £ ( § //0 » / O =f §« \/ 0 \5 2« / \\ \\ // 3e@ \ 0 >0 \/\ -C / \ -C // \\ T \0 / \ / » { }� o / o 0 / / \ E \ y m =o \0 o ) \ \ \\ \ Q0 \\ \ / /\ \� \\ \§ (\ u, \ \ /$ 0 /\ \\ \o o §\ 0" 2 E =2 §2 f0 §\ j \ 20 f0 §/ 2 / j\ � \ \ \ \ 0 §\\ - %zj - } -\ /)f 000 E E \ a } \ _ \ \ 2 o g = s s §E& \ \\ \ & ( § //0 O u e 0 \5 / \\ e/ 3e@ >0 \/\ -C -C // \ \� \0 / » { }� / o 0 / / \ y m =o \ 0 -Q ■ \ \ } \\ \� (-c �\ \0 \ \ \» \ @ \\ (\ \Q) \ ( ( c: \\ \2) \/ \3 \ 0 22 0 // // /3 /0 \o /J \ QD) :\ j-a � \» =©o §0 §E/ aJo 0Q mob% w@@ _/� § \E % z La \2 /) f 000 0 \ \ } a } e y e j \ \\ \\\ \\\ \\ / o / \ / o /\ E2 »b - -C G `= \/ 5 6 E- \ (P§ ©/ \� 20 25 \ \ \� \/ co 0 62 2 /\§ °0 (D E \/ // 0£29{ 23 D - o 0 5, \ D\ s c 2= e o o o e os o ° -§ D- T5 ©Eo3 o>2�y > % / _ / f @ 0 /3 2 \ \ / j \\ 3 \ ± 0 2 { U.9 \§ Bs= 3= & >__ § 0 4 z> 3 3 3 ? \2 z \( \\ u 0 7/ u b 9\ ) j @ % \ o y \ } \ \ % 2 \ \ } Z} /a \� (- �\ \0 § 7 _/� Ef& _ /rs % /§ — \ /af( \(\} ;( ;( -C ;( 0 \} \ \ \ \ \ \ § / § / § / \ \ \ \ \ \ 0 0 o g o 0 0 0 » ƒ0 »ƒ J f § / § § £ / » / / » / » 0 § \ \ 0 0 Ez ?7 o/-0 -0 0 > & oo 2Go 0 ©\ / \ \\� Eo \@ @B =Q)o a c \\ §@(D -C K oo EK 22t \6 °o /0 e3 \ \ 0 LO L, % 2 \ / REDEVELOPMENT AGENCY Item No. 19 ACTION MINUTES of OCTOBER 26, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:25 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 12 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 the exception of Agency Member Washington who abstained. RECOMMENDATION: 12.1 Approve the action minutes of October 12, 2010. RDA DEPARTMENTAL REPORT 13 Redevelopment Department Monthly Report RDA Action Minutes \102610 1 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:26 P.M., the Temecula Tuesday, November 9, 2010, commencing at 7:00 P.M., in Temecula, California. 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 ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] RDA Action Minutes \102610 2 PUBLIC HEARING Item No. 20 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Rich Johnston, Building Official DATE: November 9, 2010 SUBJECT: Amendment of the California Building Codes RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2010 CALIFORNIA BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. 2. Second reading and adoption of the Ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10 -13 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 Building 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 adoption and publication of these codes, each local jurisdiction may modify these codes with more stringent local amendments based upon specific local geological, topographical, and or climatic conditions. The ordinance presented tonight is staff's recommendation for the second reading of the model codes. The State mandated adoption date is January 1, 2011. Staff has been involved in a statewide effort to obtain uniformity among regional city and county jurisdictions in the code provisions enforced. The most significant requirement in this series of code adoptions is to install fire sprinkler systems in new residential homes; regardless of size throughout the state specifically based for the intent of saving lives. This additional protection, including, but not limited to on -site protection, will supplement normal fire department response and provide immediate fire protection for life and safety. 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: Resolution No. 10- Ordinance No. 10 -13 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2010 CALIFORNIA BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: The City, is located in an area near geological high seismic activity. Due to the degree of the City's urbanization and close proximity to major fault lines, the risk of structural damage and loss of life due to ground shaking is considerable. During a major earthquake, emergency resources would be extremely taxed, and the ability to respond to such emergencies would be complicated. Local standards in excess of statewide minimums will assist in reducing risks associated with earthquakes and the consequent disruption of traffic flow. Certain building standards and other related model codes are adopted by the State of California in the California Building Standards Code and become applicable in the City unless amended by the City pursuant to Health and Safety Code Section 17958. Section 1. The City Council of the City of Temecula desires to modify certain provisions of the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, and 2010 California Electrical Code, as adopted by the City of Temecula. As required by law, the City Council hereby expressly finds as follows: Section 2. Based upon the climatic, geological and topographical conditions described above, the City Council finds that the modifications to the 2010 California Building Code Sections 15.04.020, 2010 California Plumbing Code Section 15.04.060, 2010 California Residential Code Section 15.04.030, 2010 California Electrical Code Section 15.04.040, and the 2010 California Mechanical Code Sections 15.04.050, as contained in Ordinance No. 10 -13, are reasonably necessary in order to protect and preserve the public health, safety, and welfare. Said Building Code amendments are reasonably necessary in that they will serve to provide greater protection based upon any of the conditions as described above. Said Plumbing Code amendments are reasonably necessary in order to provide and preserve public health and safety. Said Electrical Code amendment is reasonably necessary due to the tendency of aluminum wire connections to occasionally loosen as a result of the softness of aluminum, thereby increasing the risk of sparking, and fire as a result. In addition, to safe guarding public health and safety in the application of photovoltaic. Said Mechanical Code amendment is reasonably necessary due to cleaner air and improve energy use. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Temecula hereby declares that it would have passed each section, subsection, subdivision , paragraph, sentence, clause or phrase hereof, irrespective of the fact that nay one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid. Section 4. The City Clerk shall, and is hereby directed to, file a copy of this resolution, together with a copy of Ordinance No. 10 -13 with the State Building Standards commission, as required by California Health and Safety Code Section 17958.7. Section 5. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 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 Resolution No. 10- was duly and regularly 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: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ORDINANCE NO. 10 -13 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 gth day of November, 2010. Jeff Comerchero, 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 gth day of November, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1Y.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. 21 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Sean Dakin, Fire Marshal DATE: November 9, 2010 SUBJECT: Amendment of the California Fire Code RECOMMENDATION: That the City Council Adopt a resolution entitled: RESOLUTION NO. 10 - A RESOLUTION OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2010 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE. 2. Second Reading and adoption of the ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10 -14 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. 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: None. ATTACHMENTS: Resolution No. 10- Ordinance No. 10 -14 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA FIRE CODE, 2010 EDITION, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND /OR TOPOGRAPHICAL CONDITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES FIND AND RESOLVE AS FOLLOWS: 1. Recitals A. Certain building standards and other related model codes are adopted by the State of California in the California Building Standards Code and become applicable in the City unless amended by the City pursuant to Health and Safety Code Section 17958. B. Health and Safety Code Section 17958.5 authorizes the City Council to make reasonably necessary changes or modifications to the State adopted building codes, including the California Fire Code, based on certain local conditions. C. The Fire Chief of the City of Temecula has determined and recommended that the modifications to the California Fire Code, 2010 Edition, contained herein, are reasonably necessary due to local conditions. D. Health and Safety Code Section 17958.7 requires the City Council to make express findings of the necessity for modifications to the building standards contained in the California Fire Code, 2010 Edition. 2. The City Council of the City of Temecula hereby expressly finds that the amendments and modifications to the California Fire Code, 2010 Edition, contained in Ordinance No. 10 -14 and concerning the following general provisions: Administration, Definitions, General Precautions Against Fire, Fire Service Features, Building Services and Systems, Fire Protection Systems, Motor Fuel Dispensing Facilities and repair Garages, High Piled Combustible Storage, Tire Rebuilding and Tire Storage, Hazardous Materials General Provisions, Compressed gases, Corrosive Materials, Flammable and Combustible Liquids, Flammable Gases, Liquefied Petroleum Gases , and Appendices are reasonably necessary due to the following local climatic, geological or topographical conditions: A. Climatic Conditions: Generally Riverside County and the City of Temecula have an and climate. Annual rainfall varies from 3 inches in Blythe to over 33 inches in Pine Cove. Hot, dry Santa Ana winds are common to areas within Riverside County. These winds constitute a contributing factor, which causes small fires originating in high- density development presently being constructed in the County of Riverside and the City of Temecula, which spread quickly and create the need for an increased level of fire protection. This added protection, including, but not limited to on -site protection, will supplement normal fire Department response available in new development, and provide immediate fire protection for life and safety of multiple- occupancy occupants during fire occurrence. B. Topographical Conditions: Traffic and circulation congested in urban areas often place Fire Department response time to emergencies at risk. This condition makes the need for enhanced on -site protection for property occupants necessary. C. Geological Conditions: The City of Temecula is located in an area near high seismic activity. Because of the degree of the City's urbanization and close proximity to major fault lines, the risk of structural damage and loss of life due to ground shaking is considerable. During a major earthquake, emergency resources would be extremely taxed, and the ability to respond to such emergencies would be complicated. Local standards in excess of statewide minimums will assist in reducing risks associated with earthquakes and the consequent disruption of traffic flow. 3. Specific Amendments and References to Findings Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that provisions of the California Fire Code be modified to mitigate the effects of the above conditions. California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City Council finds that the following table sets forth 2010 California Fire Code provisions constituting building standards that have been modified pursuant to Ordinance No. 10 -14, and the associated local climatic, geological and topographical conditions described above in Section 2 supporting modification. CFC Section added or amended: 105.6.1 105.6.16 #2 and #3 105.6.20 105.7.7 202 (def amended — fire chief) 202 (def amended — high rise building) 202 (def added — model rocket) 202 (def added — model rocket engine) 309 309.7 501.4 503.1 503.1.1, Exception #2 503.1.1.1 503.1.1.2 503.2.1 503.2.3 503.2.4 503.2.5 503.2.7 503.2.9 503.3 504.1 505.1 505.3 507.1 507.2 507.3 Specific Finding -- climatic, topographical and /or geological conditions (Section 2): Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological 507.5.5 Climatic, Topographical, Geological 507.5.7 Climatic, Topographical, Geological 507.5.8 Climatic, Topographical, Geological 508.1 Climatic, Topographical, Geological 508.1.2 Climatic, Topographical, Geological 508.1.6 Climatic, Topographical, Geological 509.3 Climatic, Topographical, Geological 601.2 Topographical, Geological 601.3 Topographical, Geological 604.2.14.1 Climatic, Topographical, Geological 604.2.14.1.2 Climatic, Topographical, Geological 606.8 Climatic, Topographical, Geological 608.5.3 Climatic, Topographical, Geological 901.2.2 Climatic, Topographical, Geological 901.3.1 Climatic, Topographical, Geological 901.6 Climatic, Topographical, Geological 902 (def added — common area) Climatic, Topographical, Geological 903.2 Climatic, Topographical, Geological 903.2.1 Climatic, Topographical, Geological 903.2.2 Climatic, Topographical, Geological 903.2.3 Climatic, Topographical, Geological 903.2.10.1.1 Climatic, Topographical, Geological 903.3.7 Climatic 903.4 Climatic 903.4.3 Climatic 903.4.4 Climatic 905.3.11 Climatic 907.1.6 Climatic 907.1.7 Climatic 907.1.8 Climatic 907.2.19 Climatic 908.3 Climatic, Topographical 908.4 Climatic, Topographical 908.6 909.1.1 912.2.1 914.5 2201.1 2202.1 (def amended — motor vehicle) 2203.2 2204.4.1 2206.2.2 2206.2.3 2206.2.3 Exception #2 2206.2.3 Exception #3 2206.2.4.1 2209.3.4 2301.3 2306.4.1 2306.4.2 2306.4.3 2306.6 2306.6.1.1 2308.3 2501.3 2505.1 2505.8 2505.9 2701.1 2701.5.2 3001.2 3001.3 3101.2 3101.3 3404.3.6.1 3404.3.6.1, Exception #1 Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological 3404.3.6.1, Exception #2 Climatic, Topographical, Geological 3501.2 Climatic, Topographical, Geological 3501.3 Climatic, Topographical, Geological 3801.2 Climatic, Topographical, Geological 3801.4 Climatic, Topographical, Geological 3809.15 Climatic, Topographical, Geological Appendix B, B104.2 Climatic, Topographical Appendix B, B105.1 Climatic, Topographical Appendix B, B105.2 Climatic, Topographical Appendix B, B105.3 Climatic, Topographical Appendix BB, BB104.2 Climatic, Topographical Appendix BB, BB105.1 Climatic, Topographical Appendix C, C102.1 Climatic, Topographical Appendix C, C105.1 Climatic, Topographical Appendix CC, CC102.1 Climatic, Topographical Appendix CC, CC105.1 Climatic, Topographical Section 4.The City Clerk shall certify the adoption of this Resolution and cause a certified copy of the same and Ordinance No. 10 -14 to be forwarded to the California Building Standards Commission. 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 Resolution No. 10- was duly and regularly 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: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IG1: i. ��G11►�K�1�1►Nll�dil�dil:l�:i.� Susan W. Jones, MMC City Clerk ORDINANCE NO. 10 -14 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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 25 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. Cd: /e1iI=I:i431] 1K0LriWN *1.141ZHeF *"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 25 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 25 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 25 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 25 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? II - Irrrxvir 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 25 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: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1 011�Ko1l1►NllNdiIAdi1:l4:&1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Page 24 of 25 11086 - 0001 \1287554v1.doc Page 25 of 25 11086 - 0001 \1287554v1.doc COUNCIL BUSINESS Item No. 22 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 9, 2010 SUBJECT: Community Services Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three -year terms on the Community Services Commission through October 10, 2013. BACKGROUND: The terms of Commissioners Felicia Hogan and Michael McCracken expired on October 10, 2010. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Comerchero and Council Member Chuck Washington for review and recommendation. Both Mayor Comerchero and Council Member Washington recommended the re- appointments of Felicia Hogan and Michaela McCracken to serve full three -year terms through October 10, 2013. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of October 6, 2010. FISCAL IMPACT: None ATTACHMENTS: Three (3) Applications for Appointment City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 Application www.cityoftemecula.org pp (951) 694 -6444 t_CEIV N' ET 1 is 2010 Please check one: 0 Planning 0 Community Services Public Traffic Safety Number of years as a City of Temecula Resident 13 Are you a City Registered Voter? Yes NAME:. Michael R. McCracken OCCUPATION: Education andCamerTechaician ADDRESS: 43012 Corte Davila Temecula. California 92592 DAYTIME PHONE: (760) 725 -6414 EVENING PHONE: (951) 302 -8532 EMPLOYER NAME: Marine and Family Services, Camp Pendleton, Director, Lifelong Learning Branch, EMPLOYER ADDRESS: Joint Education Center Box 555020, Bldiz 1331 E -MAIL patjeffress@wmc.mil Educational Background /Degrees: Liberal Arts - University of Phoenix - Bachelors of Science Management: Human Resources Park University, Master of Arts, Education - Central Michigan University (2010), Certification Customer Service, Front Line Supervision and a List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Community Service Commission -3, Military Ad -Hoc Subcommittee - 2, Art in Public Places Committee - 1, and Murrieta Veterans Memorial Committee - less than one year List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): Friends of Ronald Reagan SP - Advisory Board, Aguanga Road Committee - Member at Large, Veterans - Temecula Valley State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) Please see attached form I understand that any or all information on this form may be verified. I consent to the release of this information for public C-r i/n/formattiiinformation purposes. es. Q Signature: 7r 11,2.tL k Mf "t/— Date: SOB 13.,%016 Please re(um to: City Clerk's Office, 43200 Business Park Drive (951) 69426444 (Oh) 1 Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Michael R. McCracken 43012 Corte Davila Temecula, Ca 92592 September 13, 2010 City of Temecula 43200 Business Park Drive Temecula, Ca 92590 Subj: APPOINTMENT COMMUNITY SERVICE COMMISSION Dear Cheryl Domenoe: The idea of giving back to the community is something I take great pride in doing. My time on the Commission has been fun, rewarding, and a great learning experience as well. During my twenty -four years in the U.S. Navy, I was fortunate to be part of an organization making a difference in lives of it Sailors and the community as well. My three years on the Commission gives me the same opportunity. I would be honored for the opportunity to continue as Community Service Commissioner and being part of a great program like OUR Community Service Department serving our community. Sincerely, R4� �e7VIFOJ__� Mic ael R. McCracken "Kaizen" City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694 -6444 Q E. CF P.V11E0 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula SEP 15 2010 Please check one. 0 Planning Ox Community Services Public Traffic Safety Number of years as a City of Temecula Resident 23 Are you a City Registered Voter? Yes NAME: Felicia ADDRESS: 41888 Carleton Way 91'S5 I DAYTIME PHONE: 951- 265 -3636 EMPLOYER NAME: Rancon Real Estate EMPLOYER ADDRESS: 27740 Jefferson Ave Educational Background /Degrees: AA Degree. Three and one half years of college. OCCUPATION: Real Estate Broker Assoc. EVENING PHONE: 951- 587 -8181 E -MAIL felicia @rmcm.com List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Community Service Commission for 10 years. List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): Temecula Valley Garden Club, National Master Gardner Assoc., Iris Society, Rose Society, Board of Realtors, Judges Council, Theater Foundation, Boys and Girls Club, Camp del Corazon. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specifie.(You may attach a separate sheet o f paper if necessary. Letters of recommendation and /or references are encouraged.) (see attached) understand that any or all information on this form may verified. I consent to the release of this information for public information purposes. Signature: - _ Date: 09/14/10 Pleas etu n : City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City Of Temecula Commission Application September 14, 2010 State why you wish to serve on this commission and why you believe you are qualified for this position. As a long time resident of 23 years, I have been fortunate to participate in the process of guiding the direction of our wonderful city, both as a private citizen and as a commissioner. The results speak for themselves. I was recently given the opportunity to serve on the steering committee for the Youth Master Plan. I look forward to the implementation of the agreed upon plan of action and the future proposals that were adopted. It has been a privilege to serve as a commissioner on the Community Service Commission and I would love to continue in that capacity. For references, please contact Jeff Stone. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694 -6444 19- 06- 10P03 :33 RCVD Commission A,opol;ntm6nt Applicatlon R'Er' EIVE13 OCT ... 6 2010 Please check one: Planning _ cK Community Services Public Traffic Safety Number of years as a City of Temecula Resident Are you a City Registered Voter? NAME: _SvSa v% OCCUPATION: ADDRESS: 31366 vr+,-- Te�c.ro,ja gZS9Z. DAYTIME PHONE: q 1, 6 9,f2c13 2- EVENING PHONE: 5;,f t7,5- EMPLOYER NAME: EMPLOYER ADDRESS: E -MAIL — Educational Background/ Degrees: 55 Reer,4-ron . LS .111AIc- S+Vabef /}of�n;.- r;9t.4- 1 -,o••Y Ate. C¢14y Ck;lod hood E'dvtgfrow /f�/�wsiNi 3'frrs -l-�ow /¢"A- J9'd4"e-S't'd;e5 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: NO,yC List any organizations to which you belong (professional, technical, volunteer groups, non - profit . organizations, service clubs, etc.): N4 Frdrt yr l 4 $so, Edvcst4r on, 0f- Yvvny P6ple Cw ,* EyG� A1,0 —.? l !] SSN o c Te o4jol . 1 ct vee, -loer C/114 7E) CDalalr~—Far¢heAo -11 };✓ef iw�cw�pl,'Er�vcc�rooi 6iadass� ti State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach 'a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) c r wcr P(crtsc 5 S� Sid{e- L I understand that any or aIF information on this form maybe verified. I consent to'the release of this information for public information purposes. r: Signature: jdtA Date; 19.1A A9 Please retum to; Ci Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula,: CA' 92589 -9033 - PLEASE BE AWARE OF THE ADVERTISED DEADLINE I am academically trained in the field of Recreation Administration. I have spent over 30 years in the field developing activities for children to seniors, from singles to families, in the non - profit world. We need our community to continue developing and presenting activities and events for our 21st century citizens. As the population becomes more and more isolated by electronics they will need more reasons to come out and be with one another. Human beings need human contact to be healthy. It will be up to the Community Services Department to provide culturally diverse events. As a Commissioner I can work to continue bringing Temecula Citizens 21st Century Community Services.