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HomeMy WebLinkAbout111213 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 12, 2013 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 13-06 Resolution: 13-56 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Otoniel Flores Invocation: Pastor Jay Beckley of Stone Creek Bible Church Flag Salute: To be announced ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Anti -Bullying Presentation by Macy Mora PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. 1 CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of October 22, 2013. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of September 30, 2013 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2013. 5 Cooperative Agreement for Fire Protection, Prevention, Rescue, and Medical Emergency Services RECOMMENDATION: 5.1 Approve the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue, and Medical Emergency Services for the City of Temecula through June 30, 2016. 2 6 Agreement to provide Consulting Services related to the preparation of Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan RECOMMENDATION: 6.1 Approve a Professional Services Agreement with Inland Planning + Design, Inc., in the amount of $39,000, for services related to the preparation of Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan. 7 Extension of the 6th Street Promissory Note between the City of Temecula and the Successor Agency to the Temecula Redevelopment Agency RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6TH STREET PROMISSORY NOTE 8 An application with the California Energy Commission to provide technical assistance for a comprehensive energy audit of City facilities RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO PREPARE, SUBMIT, AND EXECUTE ALL AGREEMENTS AND ANY AMENDMENT FOR AN APPLICATION FOR TECHNICAL ASSISTANCE FROM THE CALIFORNIA ENERGY COMMISSION ENERGY PARTNERSHIP PROGRAM 9 Entitlement Processing Agreement with Temecula West Village for the Village West Project (at the request of Subcommittee Members Mike Naggar and Jeff Comerchero) RECOMMENDATION: 9.1 Approve the Entitlement Processing Agreement with Temecula West Village for the Village West Project. 3 10 First Amendment to Agreement for Consultant Services with Moffatt & Nichol Engineers for French Valley Parkway Interchange — Phase I, PW07-04 RECOMMENDATION: 10.1 Approve the First Amendment to the Agreement for Consultant Services with Moffatt & Nichol Engineers, in the amount of $70,000, for additional engineering and construction support for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04. 11 First Amendment to the Professional Services Agreement with Leighton Consulting, Inc. for Roripaugh Ranch Street Improvements — Phase II, PW09-02 RECOMMENDATION: Approve the First Amendment to the Professional Services Agreement with Leighton Consulting, Inc., in the amount of $125,000, for additional services associated with geotechnical, special inspections, and material testing for the Roripaugh Ranch Street Improvements — Phase II, PW09-02. 12 Old Town Temecula Community Theater ADA Transition Plan, PW 12-04 RECOMMENDATION: 12.1 Approve the ADA Transition Plan for the Old Town Temecula Community Theater; 12.2 Direct the Building Official to complete plan check and issue construction permits for the Theater Remediation project, without the 39 items identified in the Theater ADA Transition Plan. 13 Temporary Street Closures for 2013 Winterfest Events RECOMMENDATION: 13.1 Receive and file the following proposed action by the City Manager to temporarily close certain streets for the following 2013 Winterfest Events: SANTA ARRIVES SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND ICE—AMERICA 14 Agreement with Rancho Ford Lincoln Mercury, Inc. for purchase of a Ford F-350 Truck RECOMMENDATION: 14.1 Approve an Agreement with Rancho Ford Lincoln Mercury, Inc., in the amount of $39,518.41, for the purchase of a Ford F-350 1 Ton HD 4x2 Extended Cab Truck with Service Body and Over Cab Ladder Rack. 4 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-05 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of October 22, 2013. 16 Temecula Sister City Association Sponsorship Agreement RECOMMENDATION: 16.1 Approve the Sponsorship Agreement with Temecula Sister City Association, in the amount of $7,712, for in-kind staff services, $430 for in-kind facility use, and a $5,000 cash donation to provide cultural exchange services. 6 17 Additional Appropriations for the Tenant Improvements and Operational Costs for use of the Basic Etc. Building for Contract Class Programming RECOMMENDATION: 17.1 Approve additional appropriations, in the amount of $155,983, from TCSD Fund Balance for start-up tenant improvements, program costs, and six months of operational costs; 17.2 Approve additional revenue, in the amount of $95,000, in Contract Class Revenue during the six months of operations. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, November 26, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 SARDA CONSENT CALENDAR Next in Order: Ordinance: No. SARDA 13-01 Resolution: No. SARDA 13-07 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, Roberts, Washington, Naggar SARDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of September 24, 2013. 19 Extension of the 6th Street Promissory Note between the City of Temecula and the Successor Agency to the Temecula Redevelopment Agency RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EXTENSION OF THE 6TH STREET PROMISSORY NOTE 8 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, November 26, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 10 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 Conditional Vacation of a portion of Jedediah Smith Road located between Pechanga Parkway and Temecula Parkway RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE CONDITIONAL VACATION OF A PORTION OF JEDEDIAH SMITH ROAD CITY COUNCIL BUSINESS 21 Amendment of the 2013 California Building and Fire Codes RECOMMENDATION: 21.1 Set the public hearing for consideration of the Building Code Ordinance and the Fire Code Ordinance for December 10, 2013 and direct the City Clerk to publish notice, as required by law; 21.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 15.04.010 THROUGH 15.04.080, INCLUSIVE, OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2013 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2013 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE, 2013 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2013 EDITION OF THE CALIFORNIA 11 RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS TO SAID CODES, AND AMENDING SECTION 15.02.060 OF THE TEMECULA MUNICIPAL CODE RELATING TO PENALTIES AND REMEDIES FOR VIOLATIONS OF TITLE 15 OF THE CODE, BUILDINGS AND CONSTRUCTION 21.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2012 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 OCCUPANCY 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 MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, November 26, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 12 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 22, 2013 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: The Inland Valley Youth Symphony String Quartet Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Hank Hansen ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS General Federation of Women's Clubs (GFWC) — Advocates for Children Week Proclamation Certificates of Appreciation to Community Action Patrol Volunteers PUBLIC COMMENTS The following individuals addressed the City Council: • Alana Joos • Kristine Turner • Stuart Haniff • Judy Zulfigar CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 102213 1 2 Action Minutes — Approved Staff Recommendation (3-0-1-1, Council Member Comerchero abstained and Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one abstention and one absence. RECOMMENDATION: 2.1 Approve the action minutes of October 8, 2013. 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Meeting Schedule for City Council Meetings for the month of December 2013 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 4.1 Direct the City Clerk to cancel the December 24, 2013 City Council Meeting and perform the appropriate postings and noticing requirements of the Government Code. 5 Memorandum of Understanding — Labor Agreement — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 5.1 Approve a three-year Memorandum of Understanding (MOU) Labor Agreement, in substantially the form attached hereto, effective July 1, 2013 through June 30, 2016, between the City and the general employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. Action Minutes 102213 2 6 Acceptance of Equipment and Notice of Completion for the Theater Energy Efficient Lighting, PW12-18 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 6.1 Accept the purchase and delivery of energy efficient lighting equipment from Sacramento Theatrical Lighting, Ltd., for the Theater Energy Efficient Lighting Project, PW12-18, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion. 7 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Fiscal Year 2012-13, PW12-23 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 7.1 Accept the construction of the Citywide Slurry Seal Fiscal Year 2012-13, PW12- 23, as complete; 7.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a three-year Maintenance Bond in the amount of 10% of the contract amount; 7.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 Sixth Amendment to the Professional Engineering Services Agreement with RBF Consulting for design of Interstate 15/State Route 79 South Ultimate Interchange, PW04-08 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence RECOMMENDATION: 8.1 Approve the Sixth Amendment to the Agreement for Professional Engineering Services with RBF Consulting for design of Interstate 15/State Route 79 South Temecula Parkway Ultimate Interchange, increasing the contingency amount by $200,000; 8.2 Increase the City Manager's authority to approve Extra Work Authorizations by $200,000. Action Minutes 102213 3 RECESS At 7:34 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:40 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 10 Community Service Funding Program for Fiscal Year 2013-14 — Approved Staff Recommendation to fund $5,000 of Community Service Funding to Habitat for Humanity. (3-0-1-1, Council Member Roberts abstained, Council Member Washington absent). Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one abstention and one absence. Council Member Roberts left the Council Chamber and did not participate in the discussion of the funding for Habitat for Humanity because he is a member of the Board of Directors of Habitat for Humanity which is a 501(c)(3) charitable non-profit organization. Approved Staff Recommendation to fund $5,000 of Community Service Funding to the Boys and Girls Club of Southwest County. (3-0-1-1, Council Member Edwards abstained, Council Member Washington absent). Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one abstention and one absence. Council Member Edwards left the Council Chamber and did not participate in the discussion of the funding for the Boys and Girls Club of Southwest County because she is the Executive Director of the Boys and Girls Club of Southwest County which is a 501(c)(3) charitable non-profit organization. Approved the remaining staff recommendations regarding CS Funding — (4-0-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 10.1 Review and approve the Fiscal Year 2013-14 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendation of $75,562 to 17 organizations, which includes an appropriation of $5,562 to the Community Service Funding Program from the General Fund available fund balance. 11 Declaration of Intention to Conditionally Vacate a portion of Jedediah Smith Road and setting a Public Hearing thereon — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with one absence. Action Minutes 102213 4 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 13-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO CONDITIONALLY VACATE A PORTION OF JEDEDIAH SMITH ROAD AND SETTING A PUBLIC HEARING THEREON DEPARTMENTAL REPORTS 12 Community Development Department Monthly Report 13 Police Department Monthly Report 14 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was nothing to report. ADJOURNMENT At 7:50 P.M., the City Council meeting was formally adjourned to Tuesday, November 12, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 102213 5 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 12, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $9,918,475.98. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/10/2013 TOTAL CHECK RUN $ 3,596,859.63 10/17/2013 TOTAL CHECK RUN 3,063,548.96 10/24/2013 TOTAL CHECK RUN 2,400,637.28 10/10/2013 TOTAL PAYROLL RUN: 442,167.17 10/24/2013 TOTAL PAYROLL RUN: 415,262.94 TOTAL LIST OF DEMANDS FOR 11/12/2013 COUNCIL MEETING: $ 9,918,475.98 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 4,002,891.25 120 DEVELOPMENT IMPACT FUND 418.50 135 BUSINESS INCUBATOR RESOURCE 595.19 140 COMMUNITY DEV BLOCK GRANT 2,903.54 165 SARDA AFFORDABLE HOUSING 14,212.31 170 MEASURE A FUND 475,522.44 190 TEMECULA COMMUNITY SERVICES DISTRICT 296,813.34 192 TCSD SERVICE LEVEL B 78,059.84 194 TCSD SERVICE LEVEL D 2,518.64 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 10,143.16 197 TEMECULA LIBRARY FUND 28,405.02 210 CAPITAL IMPROVEMENT PROJECTS FUND 3,847,711.51 300 INSURANCE FUND 14,640.88 320 INFORMATION TECHNOLOGY 88,063.53 330 SUPPORT SERVICES 12,433.07 340 FACILITIES 34,941.58 375 SUMMER YOUTH EMPLOYMENT PROGRAM 538.34 380 SARDA DEBT SERVICE FUND 8,300.00 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 2,750.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 4,050.00 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 3,530.00 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 4,650.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 2,125.00 477 CFD- RORIPAUGH 4,757.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,733.00 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,271.26 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,540.35 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 397.67 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,732.51 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,166.01 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,204.29 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 14,504.28 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 176.53 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 769.15 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 736.61 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,262.47 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,898.56 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,210.79 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 1,762.55 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 924.19 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 147.29 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 13,137.46 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,710.39 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,430.68 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 15,622.67 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 364.44 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 2,075.82 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 16,624.61 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,981.03 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 84.83 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 339.05 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 13,573.49 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 128.40 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,561.35 $ 9,061,045.87 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 515,805.05 140 COMMUNITY DEV BLOCK GRANT 3,356.93 165 SARDA AFFORDABLE HOUSING 11,571.54 190 TEMECULA COMMUNITY SERVICES DISTRICT 200,104.84 192 TCSD SERVICE LEVEL B 475.04 194 TCSD SERVICE LEVEL D 4,194.98 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 899.69 197 TEMECULA LIBRARY FUND 2,276.11 300 INSURANCE FUND 8,632.78 320 INFORMATION TECHNOLOGY 41,518.80 330 SUPPORT SERVICES 16,280.11 340 FACILITIES 19,831.97 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 172.87 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 115.94 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 137.56 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 25.16 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 279.24 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 50.60 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 71.75 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 474.03 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 4.81 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 21.60 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 14.59 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 316.47 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 67.46 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 39.08 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 34.23 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 78.70 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 6.85 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 293.14 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 156.96 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 425.26 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 718.96 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 17.22 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 18.92 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 404.55 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 130.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 5.94 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 18.92 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 596.38 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 8.22 700 CERBT CALIFORNIA EE RETIREE-GASB45 27,776.49 857,430.11 TOTAL BY FUND: $ 9,918,475.98 apChkLst Final Check List Page: 1 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2277 10/10/2013 000642 TEMECULA CITY FLEXIBLE CHILD CARE REIMBURSEMENT PAYMENT Amount Paid Check Total 5,400.89 5,400.89 2278 10/10/2013 000194 I C M A RETIREMENT -PLAN I C M A RETIREMENT TRUST 457 6,310.35 6,310.35 303355 PAYMENT 2279 10/10/2013 000444 INSTATAX (EDD) STATE DISABILITY INS PAYMENT 22,496.40 22,496.40 2280 10/10/2013 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 79,465.93 79,465.93 2281 10/10/2013 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 15,810.72 15,810.72 SOLUTION 2282 10/10/2013 000246 PERS (EMPLOYEES' PERS ER PAID MEMBER CONTR 146,305.81 146,305.81 RETIREMENT) PAYMENT 2283 10/10/2013 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,592.76 1,592.76 SUPPORT 2284 10/10/2013 000389 NATIONWIDE RETIREMENT OBRA - PROJECT RETIREMENT SOLUTION PAYMENT 2285 10/10/2013 000245 PERS - HEALTH INSUR PREMIUM 2286 10/10/2013 016163 STOK, JEROEN 3,531.90 3,531.90 PERS HEALTH ADMIN COST PAYMENT 100,603.59 BLUE SHIELD ACCESS+ PAYMENT 0.00 shpg chrgs:tulips art:Netherlands 2,092.73 160814 10/10/2013 016385 REINBOLT, BRUCE & release claims agreement payment MARGARET 160816 10/10/2013 003552 AFLAC AFLAC -HOSPITAL INDEMNITY PLAN PAYMENT 160817 10/10/2013 004973 ABACHERLI, LINDI TCSD instructor earnings 160818 10/10/2013 014531 ALLEN EMBROIDERY SERVICE EMBROIDERY FOR UNIFORM SHIRTS:B & S DEPT 160819 10/10/2013 005037 AMERICAN ASPHALT SOUTH AUG CITYWIDE SLURRY SEAL INC 160820 10/10/2013 004205 BALLET FOLKLORICO TCSD Instructor Earnings TCSD Instructor Earnings 100,603.59 2,092.73 4,427.64 4,427.64 2,086.58 2,086.58 560.00 560.00 91.80 91.80 475,522.44 475,522.44 262.50 192.50 455.00 Pagel apChkLst Final Check List Page: 2 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 160821 10/10/2013 013482 BAS SECURITY 160822 10/10/2013 004040 BIG FOOT GRAPHICS Description Amount Paid Check Total security svcs:health fair event 9/28 228.00 228.00 TCSD instructor earnings 318.50 318.50 160823 10/10/2013 012583 BLANCA Y PRICE JUL LDSCP PLAN CHK & INSPECTION SVCS 160824 10/10/2013 003138 CAL MAT 13,779.86 13,779.86 asphalt material:citywide street repairs 712.70 asphalt material:citywide street repairs 451.85 asphalt material:citywide street repairs 79.73 asphalt material:citywide street repairs 126.23 1,370.51 160825 10/10/2013 000790 CALIF DEPT OF PESTICIDE cert renewal:pesticide appl.:Wiechec, M. 60.00 60.00 160826 10/10/2013 016382 CASO, BREANNA refund: market to plate: 1010.301 40.00 40.00 160827 10/10/2013 016388 CATUBO, JIMMY refund:picnic: Meadows Park 43.00 43.00 160828 10/10/2013 005311 CERTIFIED POOL WATER swimming pool maint svcs: crc & tes 1,025.00 SPCL. fountain maint svcs: town square 350.00 water fountain maint:civic ctr/town sq 550.00 1,925.00 160829 10/10/2013 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 160830 10/10/2013 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 44.00 44.00 CHARITIES PAYMENT 160831 10/10/2013 013379 COSSOU, CELINE TCSD Instructor Earnings 160832 10/10/2013 001264 COSTCO WHOLESALE 154.00 154.00 supplies:high hopes program 247.41 misc supplies:library 416.09 misc supplies:theater 317.42 980.92 160833 10/10/2013 004329 COSTCO WHOLESALE CORP CERT training supplies: TCC 523.80 523.80 160834 10/10/2013 015535 DEMARCO, ROSALIE TCSD Instructor Earnings 224.00 224.00 160835 10/10/2013 016389 DOWNEY, RYAN refund:sec dep:rm rental:Harveston 150.00 150.00 Page2 apChkLst Final Check List Page: 3 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160836 10/10/2013 004192 DOWNS COMMERCIAL FUELING INC 160837 10/10/2013 002390 EASTERN MUNICIPAL WATER DIST 160838 10/10/2013 004068 ECALDRE MANALILI-DE VILLA, AILEEN 160839 10/10/2013 000164 ESGIL CORPORATION (Continued) Description Amount Paid Check Total Fuel for city vehicles:PW, TCSD 2,634.06 Fuel for city vehicles:TCSD Fuel for city vehicles:TCSD Fuel for city vehicles:PW Maint Fuel for city vehicles:Police Fuel for city vehicles:B & S dept Fuel for city vehicles:code enf, tcsd FUEL FOR CITY VEHICLES:PW LAND DE FUEL FOR CITY VEHICLES:PW CIP/NPDE Fuel for city vehicles:PW Traffic 40.24 204.17 1,313.13 61.19 428.33 486.54 207.87 516.53 713.26 Sept water meter:32131 S Loop Rd bldg 93.58 Sept water meter:32131 S Loop rd dcda 45.00 Sept water meter:32131 S Loop rd dcda 6,605.32 471.87 610.45 TCSD Instructor Earnings 154.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 168.00 280.00 266.00 238.00 280.00 266.00 336.00 196.00 140.00 JUL PLAN REVIEW SVCS: B&S DEPT 17,268.99 AUG PLAN REVIEW SVCS: B&S DEPT 2,324.00 12,997.39 30,266.38 Page:3 apChkLst Final Check List Page: 4 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160841 10/10/2013 001056 EXCEL LANDSCAPE INC 160842 10/10/2013 003347 FIRST BANKCARD CENTER 005531 FRONT STREET BAR & GRILL 016384 CALIFORNIA INLAND 160843 10/10/2013 014819 FLATIRON WEST, INC. 160844 10/10/2013 003281 FOREMOST PROMOTIONS 160845 10/10/2013 002982 FRANCHISE TAX BOARD 160846 10/10/2013 002982 FRANCHISE TAX BOARD 160847 10/10/2013 010326 G E MOBILE WATER, INC (Continued) Description Amount Paid Check Total SEP LDSCP MAINT SVCS: VAR 9,893.13 FACILITIES SEP LDSCP MAINT SVCS: VAR SOUTH S 34,844.87 SEP LDSCP MAINT SVC:MARGARITA STI 700.00 SEP LNDSCP MAINT: 43175 MCCABE CT 200.00 credit memo for Inv 77613 (Ref 77199) -818.00 Idscp renovation: redhawk com park 298.50 MISC LNDSCP MAINT REPAIRS:VAR PAF 347.41 irrigation repair:signet series slope 322.31 MISC LNDSCP MAINT REPAIRS:VAR PAF 106.77 CREDIT MEMO FOR INV 77614 (REF 772( -490.00 MISC LNDSCP MAINT REPAIRS:VAR PAF 156.94 irrigation repair: vail ranch slope 221.72 MISC LNDSCP MAINT REPAIRS:VAR PAF 278.53 MISC LNDSCP MAINT REPAIRS:VAR PAF 141.75 SEP LDSCP MAINT SVC:VAR PARKS,MEI 47,825.10 SEP LDSCP MAINT SVC:VAR PARKS,MEI 17,994.70 SEP LDSCP MAINT SVC:VAR PARKS,MEI 51,365.88 SEP LDSCP MAINT SVCS: VAR NORTH S 19,749.97 SEP FV INTERCHG:TEM MARINE,BASIC; 200.00 183,339.58 RR sister city delegation:Netherlands 1,647.94 RR boy scouts awards event 9/26 1,000.00 RR admin svc chg 14.47 2,662.41 SEPT CONST:FRENCH VALLEY PKWY 1,045,114.61 1,045,114.61 PROJ emerg Iitterbags,erasers,crayons:Police 920.00 920.00 SUPPORT PAYMENT 135.00 135.00 SUPPORT PAYMENT 23.83 23.83 water filtration parts: Sta 73 water filtration parts: Sta 73 water filtration parts: Sta 73 water filtration parts: Sta 73 water filtration parts: Sta 73 water filtration parts: Sta 73 59.00 25.92 63.73 59.00 127.45 25.92 361.02 160848 10/10/2013 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 10/5 766.50 766.50 Page:4 apChkLst Final Check List Page: 5 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 160849 10/10/2013 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc: Sep '13 SOCIETY 160850 10/10/2013 014173 GOLDSTAR ASPHALT PRODUCTS 160851 10/10/2013 000186 HANKS HARDWARE INC Amount Paid Check Total 1,414.00 1,414.00 pavement seal/equip rental: var parks 697.68 pavement seal/equip rental: var parks misc maint supplies: mpsc misc maint supplies:civic center misc maint supplies: theater misc maint supplies: var park sites misc maint supplies: pw street maint misc supplies: PW traffic div MISC MAINT SUPPLIES:CRC,SKATE PK,F misc supplies: info tech MISC SUPPLIES:TCSD SPECIAL EVENTS. misc maint supplies: old town misc maint supplies: old town misc maint supplies:history museum misc maint supplies: harveston center misc maint supplies:c. museum mist aquatic maint supplies: var pools misc maint supplies:Library misc hardware supplies:harveston prk misc hardware supplies:civic ctr prkg hardware supplies:various fire stns 160852 10/10/2013 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings TCSD Instructor Earnings 932.90 1,630.58 32.58 448.13 947.69 2,230.62 65.92 151.43 243.59 135.56 656.23 17.77 10.69 144.26 73.27 103.25 125.25 110.17 1.00 5.86 288.13 5,791.40 591.50 682.50 1,274.00 160853 10/10/2013 010210 HOME DEPOT SUPPLY INC, misc maint supplies civic center 57.09 THE mist maint supplies: civic center 41.00 98.09 160854 10/10/2013 003198 HOME DEPOT, THE misc supplies:tcsd special events 50.93 50.93 160855 10/10/2013 016387 IGLESIA NI CRISTO refund:sec dep:rm rental:CRC 200.00 200.00 160856 10/10/2013 012883 JACOB'S HOUSE INC JACOB'S HOUSE CHARITY PAYMENT 80.00 80.00 160857 10/10/2013 013200 JAROTH INC Oct pay phones:duck pond,Library,CRC 212.64 212.64 160858 10/10/2013 011022 LATITUDE GEOGRAPHICS geocortex essentials maint:info tech 3,700.00 3,700.00 GROUP LTD 160859 10/10/2013 012370 LEADER PROMOTIONS INC promo items:FIT 5k/10k finale 449.00 449.00 Page:5 apChkLst Final Check List Page: 6 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 160860 10/10/2013 004412 LEANDER, KERRY D. TCSD instructor earnings 160861 10/10/2013 000482 LEIGHTON CONSULTING INC AUG SOILS/MATERIAL TESTING:PAVE REHAB AUG GEOTECH SVC:MAIN ST BRIDGE/M AUG GEOTECH SVCS:RORI RNCH STR II Amount Paid Check Total 165.20 165.20 10,453.50 6,405.10 30,456.10 47,314.70 160862 10/10/2013 008610 M C R STAMPS DJ services 9/20: CRC 25.00 25.00 160863 10/10/2013 006787 MANN, SILVA refund:sec dep:rm rental:CRC 200.00 200.00 160864 10/10/2013 000217 MARGARITA OFFICIALS ASSN SEP OFFICIATING SVCS:SPORTS 4,403.00 4,403.00 PROGRAMS 160865 10/10/2013 016112 MDE GROUP, INC. SEP CONST CONTRACT:GOHS TENNIS 209,239.40 209,239.40 COURT 160866 10/10/2013 015259 MERCURY DISPOSAL HOUSEHOLD BATTERY RECYCLING 158.84 158.84 SYSTEMS, INC. PRGM 160867 10/10/2013 003076 MET LIFE INSURANCE METLIFE DENTAL INSURANCE 7,986.60 7,986.60 COMPANY PAYMENT 160868 10/10/2013 007669 MILES, KATRINA TCSD Instructor Earnings 147.00 147.00 160869 10/10/2013 005887 MOFFATT & NICHOL Aug Engineering/const svcs:french vly ENGINEERS 160870 10/10/2013 014391 NICHOLS, KELLIE D. 160871 10/10/2013 003964 OFFICE DEPOT BUSINESS SVS DIV TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 27,370.04 27,370.04 204.75 432.25 386.75 Credit:items returned/finance -186.62 1,023.75 BUSINESS CARDS/ENV:TCSD 263.34 Misc office supplies:PW CIP 35.19 Misc office supplies:PW depts 5.38 Misc office supplies:PW depts 137.79 255.08 160872 10/10/2013 006721 OFFICEMAX NORTH AMERICA, COPY PAPER: CENTRAL SERVICES 2,159.14 2,159.14 INC. 160873 10/10/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:tcsd 1,864.24 1,864.24 160874 10/10/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:pw land dev 253.06 253.06 Page:6 apChkLst Final Check List Page: 7 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 160875 10/10/2013 004538 PAULEY EQUIPMENT misc equip repairs & rentals: var parks COMPANY Amount Paid Check Total 386.78 386.78 160876 10/10/2013 003663 PECHANGA BAND OF LUISENO 7/29-8/22 tribal monitoring:btrfld 7,604.00 Credit:billing adj/btrld stg rd ext -30.00 7,574.00 160877 10/10/2013 011439 PELTZER FARMS INC Peltzer Pumpkin Farm Family Fun Night 2,295.00 2,295.00 160878 10/10/2013 013418 PENWORTHY COMPANY, THE Misc collections: Library 1,489.54 1,489.54 160879 10/10/2013 000249 PETTY CASH Petty Cash Reimbursement 935.90 Petty Cash Reimbursement 64.73 1,000.63 160880 10/10/2013 010338 POOL & ELECTRICAL water cartridges:civic center 86.72 86.72 PRODUCTS INC 160881 10/10/2013 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 179.40 179.40 INC 160882 10/10/2013 015709 RAHN CONSERVATION 8/14-9/20 env.monitoring:main st.bridge 1,420.00 1,420.00 CONSULTING, 160883 10/10/2013 002072 RANCHO CALIF WATER Inspection deposit:F.V.Pkwy Intrchg phl 1,500.00 1,500.00 DIST-FEES 160884 10/10/2013 016376 RIVERS, SHIORI refund: tiny tots: 1045.302 57.60 57.60 160885 10/10/2013 000267 RIVERSIDE CO FIRE Apr -Jun '13 fire services 912,390.23 912,390.23 DEPARTMENT 160886 10/10/2013 000406 RIVERSIDE CO SHERIFFS Basic Surveillance JM/TJ/EH 11/12-15 849.00 849.00 DEPT 160887 10/10/2013 001097 ROADLINE PRODUCTS INC misc paint supplies: pw street maint 634.43 634.43 160888 10/10/2013 009196 SACRAMENTO THEATRICAL SOUND/LIGHTING SUPPLIES:THEATER 192.14 LIGHTING SOUND/LIGHTING SUPPLIES:THEATER 25.96 218.10 160889 10/10/2013 007582 SAFEGUARD DENTAL & VISION SAFEGUARD VISION PLAN PAYMENT 959.57 959.57 160890 10/10/2013 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 300.00 300.00 CENTRAL 160891 10/10/2013 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10/3 512.00 512.00 Page:7 apChkLst Final Check List Page: 8 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 160892 10/10/2013 016374 SILVA, JAMES refund: quimby fees: 160893 10/10/2013 004814 SIMON WONG ENGINEERING Aug const support srvcs:main st bridge INC 160894 10/10/2013 000537 SO CALIF EDISON 160895 10/10/2013 000519 SOUTH COUNTY PEST CONTROL INC 160896 10/10/2013 012652 SOUTHERN CALIFORNIA 160897 10/10/2013 016390 SPECIAL EVENT SAFETY SEMINARS 160898 10/10/2013 005786 SPRINT 160902 10/10/2013 007762 STANDARD INSURANCE COMPANY 160903 10/10/2013 012723 STANDARD INSURANCE COMPANY 160904 10/10/2013 001505 STEFFEN, SUE Amount Paid Check Total 418.50 418.50 8,866.18 8,866.18 Sep 2-10-331-2153:28816 Pujol St 310.82 Sep 2-30-220-8749:45850 N Wolf crk dr 561.23 Sep 2-29-657-2332:45538 Redwood 26.24 Sep 2-29-953-8447:31738 Wolf vly rd 25.08 Sep 2-31-936-3511:46488 Pechanga 52.82 Sep 2-29-458-7548:32000 Rancho cal 360.31 Sep 2-29-657-2563:42902 Butterfield 210.24 Sep 2-02-502-8077:43210 Business Prk 774.85 Sep 2-31-404-6020:28771 OT front st 1,589.23 Sep 2-05-791-8807:41000 Main St 8,708.09 Sep 2-00-397-5067:TCSD svc lev C 2,844.34 Sep 2-25-350-5119 Redhawk Pkwy ped 29.24 Sep 2-30-066-2889 R.Vista ped 25.40 Sep 2-29-974-7899:26953 Ynez LS -3 153.42 Sep 2-29-479-2981:31454 Tem pkwy TC -1 109.91 Sep 2-31-031-2590:28301 Rancho Cal 21.96 Sep 2-28-629-0507:30600 Pauba Rd 17,106.53 Sep 2-27-805-3194:42051 Main St 7,508.99 Sep 2-02-351-5281 R.Vista Rd 8,377.98 Sep 2-20-798-3248 C. Museum 2,224.36 Sept pest control srvcs:City facs 693.00 51,021.04 pest control services: pbsp 70.00 pest control services: wolf creek park 49.00 pest control srvcs: various parks 493.00 1,305.00 Oct gen usage:0141,0839,2593,9306 491.86 491.86 Special events mgmt sem 12/4-7 T.S. 599.00 599.00 Aug 26 -Sep 25 cellular usage/equip 4,885.06 4,885.06 MANDATORY LIFE INSURANCE 9,223.25 9,223.25 PAYMENT VOLUNTARY SUPP LIFE INSURANCE 754.50 754.50 PAYMENT Reimb:supplies for council meetings 157.34 157.34 Page:8 apChkLst Final Check List Page: 9 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 160905 10/10/2013 016262 STEVE ADAMIAK GOLF INSTRUCTION Description Amount Paid Check Total TCSD Instructor Earnings 168.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 63.00 292.60 292.60 292.60 273.00 105.00 1,486.80 160906 10/10/2013 001546 STRAIGHT LINE GLASS install window & door shade: city atty 3,723.51 3,723.51 160907 10/10/2013 009811 SUNNY HILLS TOWING INC vehicle towing services: Tem. Police 479.25 vehicle towing services: Tem. Police 279.30 vehicle towing services: Tem. Police 270.00 1,028.55 160908 10/10/2013 010924 T & D COMMUNICATIONS, INC. Cabling:crc 1,364.37 1,364.37 160909 10/10/2013 000305 TARGET BANK BUS CARD Supplies:mpsc 169.04 SRVCS Supplies:high hopes prgm 56.65 Supplies:high hopes prgm 50.55 276.24 160910 10/10/2013 010191 TAYLOR, JUDY Entertainment:mpsc anniv event 9/21 300.00 300.00 160911 10/10/2013 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,702.00 4,702.00 160912 10/10/2013 016310 TECHNICAL PRODUCT Fire equipment: Medics 223.80 223.80 DESIGN, INC. 160913 10/10/2013 012265 TEMECULA ACE HARDWARE misc maint supplies: various parks 24.66 24.66 C/O 160914 10/10/2013 010679 TEMECULA AUTO VEH REPAIR & MAINT:FIRE 3,070.55 3,070.55 REPAIR/RADIATOR PREVENTION 160915 10/10/2013 003677 TEMECULA MOTORSPORTS Veh repair & maint:police motorcycles 616.62 616.62 LLC 160916 10/10/2013 004260 TEMECULA STAMP & Approval/notation ink stamps:tech 251.94 251.94 GRAPHICS 160917 10/10/2013 011736 TEMECULA TROPHY INC Misc supplies:4th of July awards 376.65 376.65 160918 10/10/2013 009194 TEMECULA VALLEY NEWS Sept advertising: theater 257.76 257.76 160919 10/10/2013 005970 TEMECULA VALLEY PLAYERS Sound of Music 9/12-29/13 16,480.43 16,480.43 Page apChkLst Final Check List Page: 10 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160920 10/10/2013 004274 TEMECULA VALLEY SECURITY CENTR 160921 10/10/2013 016311 TIERCE, NICHOLAS 160922 10/10/2013 010276 TIME WARNER CABLE 160923 10/10/2013 002452 TOP LINE INDUSTRIAL 160924 10/10/2013 005460 U S BANK 160925 10/10/2013 014413 U.S. DEPARTMENT OF EDUCATION 160926 10/10/2013 016386 UBALIDO, MARIA 160927 10/10/2013 007766 UNDERGROUND SERVICE ALERT 160928 10/10/2013 002110 UNITED RENTALS NORTH AMERICA 160929 10/10/2013 000325 UNITED WAY 160930 10/10/2013 008977 VALLEY EVENTS INC 160931 10/10/2013 014848 VALUTEC CARD SOLUTIONS, LLC (Continued) Description Amount Paid Check Total locksmith srvcs: basic bldg 25.92 locksmith srvcs: var parks 97.45 replace door & lockset: marg com park 1,001.33 replace vandalized door: rrsp snackbar 718.32 locksmith srvcs: var parks 436.93 2,279.95 Graphic design srvcs: Theater 1,665.00 1,665.00 Oct high speed internet:Library 501.98 Oct high speed internet:40135 Village Rd 235.47 Oct high speed internet:42081 Main st 64.06 801.51 misc equip parts:pw street maint 138.97 138.97 TRUSTEE & FISCAL AGENTS 2,500.00 SRVCS:WOLF CREEK Trustee & fiscal agents srvcs:Crowne 4,050.00 Trustee & fiscal agents srvcs:Roripaugh 1,850.00 Trustee & fiscal agents srvcs:Harveston 2,750.00 Trustee & fiscal agents srvcs:Wolf Creek 2,150.00 Trustee & fiscal agents srvcs:Harveston 2,125.00 Trustee & fiscal agents srvcs:John 2,250.00 Trustee & fiscal agents srvcs:John 1,280.00 18,955.00 SUPPORT PAYMENT 252.41 252.41 refund:sec dep:rm rental:CRC 200.00 200.00 Sept undrgrnd svcs alert tickets:PW 148.50 148.50 misc equip rentals: pw street maint 29.49 29.49 UNITED WAY CHARITIES PAYMENT 25.00 25.00 EVENT RENTAL ITEMS:TCSD 8,394.50 EVENTS/PROGRAMS EVENT RENTAL ITEMS:TCSD EVENTS/PI 584.00 8,978.50 ShoWare gift card service: Theater 39.16 39.16 160932 10/10/2013 004261 VERIZON Oct xxx-6540 gen usage:Rori fire stn 110.12 110.12 Pagel 0 apChkLst Final Check List Page: 11 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 160933 10/10/2013 004789 VERIZON Oct Internet svcs:SW DSL:PD:Jones,C. 39.95 39.95 160934 10/10/2013 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:civic center 586.49 586.49 160935 10/10/2013 003730 WEST COAST ARBORISTS INC tree trims & removals: temeku hills 2,001.00 tree trims & removals: vail ranch slope 385.00 tree trims & removals: var parks & 1,725.00 tree trims & removals: harveston slope 7,935.00 Tree trimming services: Sta 92 2,070.00 14,116.00 160936 10/10/2013 004567 WITCHER ELECTRIC 160937 10/10/2013 009512 WURMS JANITORIAL SERVICES, INC 160938 10/10/2013 015441 YOUNGSON, SYLVIA install electric panel:overland trng ctr 500.00 replace damaged light pole: old town 5,265.00 5,765.00 Oct janitorial services:city facs 19,131.54 Oct janitorial srvcs:police old town 242.25 Refund:Security deposit 500.00 19,373.79 500.00 160939 10/10/2013 000348 ZIGLER, GAIL Reimb:supplies for Art Show 10/4 325.38 325.38 999661 10/06/2013 016369 CORCORAN WEALTH MGMT refund:sec dep:rm rental:Harveston 100.00 100.00 999662 10/06/2013 016364 ESTRADA, ANDREA refund: pool deposit: CRC 100.00 100.00 999663 10/06/2013 016364 ESTRADA, ANDREA refund:sec dep:pool deposit 50.00 50.00 999664 10/06/2013 016366 GREY, RUTH refund: library: lost mat'I 16.99 16.99 999665 10/06/2013 016367 HARDT, PIFUKA refund: Annie: 8570.301 140.12 140.12 999666 10/06/2013 016368 HELMINIAK, PEGGY refund: Annie: 8570.301 184.00 184.00 999667 10/06/2013 016365 MURRAY, STEPHANIE refund: picnic: ronald reagan 55.00 55.00 999668 10/06/2013 015722 ROWLEY, MATTHEW & CARRIE refund: bigfoot friday: 1260.301 30.00 30.00 999669 10/06/2013 015029 VILLAR, REBECCA refund:sec dep:rm rental:Harveston 200.00 200.00 999670 10/09/2013 016375 GROSS!, LINDA refund: CPR/AED: 8250.306 25.00 25.00 Page:11 apChkLst Final Check List Page: 12 10/10/2013 2:01:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 999671 10/09/2013 016381 JOCSON, ELIZABETH 999672 10/09/2013 016377 SCHROEDER, ERIN 999673 10/09/2013 016380 SIMPSON, ATHENA 999674 10/09/2013 016379 STROHMAN, KRISTA 999675 10/09/2013 016378 WOOD, MICHELLE (Continued) Description Amount Paid Check Total refund: hawaiian dance: 1204.302 32.00 32.00 refund: my first art class: 1325.302 156.00 156.00 refund: JR sports: 1870.302 105.00 105.00 refund: tots -n -pots: 1360.301 35.00 35.00 refund: jr sports: 1880.301 168.00 168.00 Grand total for UNION BANK OF CALIFORNIA: 3,596,859.63 Page:12 apChkLst Final Check List Page: 13 10/10/2013 2:01:32PM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks. 3,596,859.63 Page:13 apChkLst Final Check List 10/17/2013 11:58:06AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2287 10/15/2013 000166 FIRST AMERICAN TITLE COMPANY 2288 10/15/2013 000621 WESTERN RIVERSIDE COUNCIL OF 160940 10/17/2013 016391 ABREGO, JESSICA 160941 10/17/2013 013367 ACTIVE MICRO INC 160942 10/17/2013 009374 ALLEGRO MUSICAL VENTURES 160943 10/17/2013 014531 ALLEN EMBROIDERY SERVICE 160944 10/17/2013 013015 ALWAYS RELIABLE BACKFLOW 160945 10/17/2013 004422 AMERICAN BATTERY CORPORATION 160946 10/17/2013 001323 ARROWHEAD WATER INC 160947 10/17/2013 011954 BAKER & TAYLOR INC 160948 10/17/2013 015592 BAMM PROMOTIONAL PRODUCTS, INC Description Murr crk bridge & overland dr exten Sept '13 TUMF Payment refund: deposit: CRC Pool Misc tools & equip: PW traffic piano tuning & maint:library piano tuning & maint:theater Shirts:planning commission & OTLRB Embroidery:code enf uniform shirts Shirts:public/traffic safety commission backflow tests: parking structure backflow test: civic center backflow test: harveston center replace backflow device: rrsp backflow testings & repairs: var parks backflow testings & repairs: var parks Signal batteries:pw traffic Sept bottled wtr srvcs:tve2 bottled water svc:city council drinking water: aquatics: tes & CHS drinking water: pbsp bottled water svc:rrsp skate park drinking water: harveston center bottled water svc:old town tem theater bottled water svc: crc bottled water svc:tem public library bottled water svc:aquatics: tes & CHS drinking water: various facilities bottled water svc:children's museum bottled water svc:history museum misc books:library misc books:library Amount Paid Check Total 1,409,934.58 241,115.00 50.00 541.07 675.00 510.00 432.28 272.44 233.56 50.00 25.00 25.00 850.00 1,036.00 625.00 2,649.24 23.69 33.79 6.47 55.14 6.47 24.33 32.38 104.38 74.83 6.47 144.65 20.84 19.01 216.73 418.66 1,409,934.58 241,115.00 50.00 541.07 1,185.00 938.28 2,611.00 2,649.24 552.45 635.39 STAFF SHIRTS:PARK RANGERS 394.98 394.98 Pagel apChkLst Final Check List Page: 2 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 160949 10/17/2013 015383 BOHMANN, ANGELICA refund: deposit: CRC Pool Amount Paid Check Total 50.00 50.00 160950 10/17/2013 008605 BONTERRA CONSULTING AUG ENVIRON CONSULT 1,431.50 1,431.50 SRVCS:MURR CRK BRIDG 160951 10/17/2013 014958 BRADLEY, DAVID W. Speakeasy @ The Merc 10/13 300.30 300.30 160952 10/17/2013 014718 BURT, KRISTA A. TCSD Instructor Earnings 205.80 205.80 160953 10/17/2013 001035 C R & R INC Oct trash hauling srvcs:Murr Crk Bridge 261.01 261.01 160954 10/17/2013 003138 CAL MAT asphalt material:citywide street repairs 413.10 asphalt material:citywide street repairs 336.34 749.44 160955 10/17/2013 016371 CALDERON, BIANCA refund:sec dep:rm rental:Harveston 200.00 200.00 160956 10/17/2013 005321 CALIF ASSOC OF CODE Annual CACE Sem:9/4-5:Cole 50.00 50.00 160957 10/17/2013 004248 CALIF DEPT OF Sep Fingerprinting: HR, Police 4,033.00 4,033.00 JUSTICE-ACCTING 160958 10/17/2013 013649 CALIFORNIA AUTO COLLISION, veh repair & maint:csd park ranger veh 1,555.50 1,555.50 INC 160959 10/17/2013 000137 CHEVRON AND TEXACO City vehicles fuel:Police 2,427.99 2,427.99 160960 10/17/2013 015090 CLEARWATER SYSTEMS Jul hvac condenser h2o prey maint:civ 550.00 CORP Aug hvac condenser h2o prey maint:civ 550.00 Sep hvac condenser h2o prey maint:civ 550.00 1,650.00 160961 10/17/2013 005410 COLE, TOM reimb:uniform shirts/jacket 222.35 222.35 160962 10/17/2013 000442 COMPUTER ALERT SYSTEMS Oct -Dec alarm monitor srvcs:var facs alarm system repair: senior ctr FIRE ALARM SVC MONITOR: TEM MARIN 5,775.00 118.20 165.00 6,058.20 160963 10/17/2013 013286 CONNEXON TELECOM INC Sept enterprise 911 srvc fee 250.00 250.00 160964 10/17/2013 002945 CONSOLIDATED ELECTRICAL DIST. misc electrical supplies: civic center 145.80 misc electrical supplies:OT garage misc electrical supplies:OT sixth street misc electrical supplies:OT sixth street 175.50 259.20 67.10 647.60 Page2 apChkLst Final Check List Page: 3 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 160965 10/17/2013 013379 COSSOU, CELINE TCSD Instructor Earnings 196.00 196.00 160966 10/17/2013 001264 COSTCO WHOLESALE misc supplies:human svcs div 27.98 27.98 160967 10/17/2013 005766 DATA BUSINESS SYSTEMS INC W-2/1099 misc tax forms:finance dept 282.91 282.91 160968 10/17/2013 003945 DIAMOND ENVIRONMENTAL portable restroom services:var parks 52.80 SRVCS portable restroom services:var parks portable restroom services:var parks portable restroom services:var parks 52.80 52.80 52.80 211.20 160969 10/17/2013 004171 DOMINO'S PIZZA Refreshments:high hopes prgrm 10/18 343.43 343.43 160970 10/17/2013 012217 DUDEK Aug enviro consulting:ped/bicycle bridge 643.51 643.51 160971 10/17/2013 002528 EAGLE GRAPHIC CREATIONS PERSONALIZED AWARDS:ECO DEV 197.64 197.64 INC 160972 10/17/2013 007319 EAGLE ROAD SERVICE & TIRE veh repairs & maint: pw street maint div 881.16 881.16 INC 160973 10/17/2013 011203 ENVIRONMENTAL CLEANING SEP JANITORIAL SVCS: VAR PARK 5,265.00 5,265.00 FACILITIES 160974 10/17/2013 015326 ERIC S JACOBSON, ESQ. settlement agrmnt pmt:Murr Crk Bridge 25,070.00 25,070.00 160975 10/17/2013 003665 EXCEL COMMERCIAL Sep long distance phone svcs 56.74 56.74 160976 10/17/2013 009953 FEDERAL CLEANING Oct janitorial svcs:police mall 761.50 761.50 CONTRACTORS 160977 10/17/2013 000165 FEDERAL EXPRESS INC Oct express mail services 147.28 Sept express mail services 122.67 Aug express mail services 289.08 559.03 160978 10/17/2013 000206 FEDEX KINKOS INC misc supplies:support services 27.00 27.00 160979 10/17/2013 014393 FONSTAD, RONALD EUGENE AED supplies: Medics 1,049.77 1,049.77 160980 10/17/2013 004882 FORTEL TRAFFIC, INC. Radar sign component: PW CIP 525.00 525.00 Page:3 apChkLst Final Check List Page: 4 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 160981 10/17/2013 011145 FOSTER, JILL CHRISTINE (Continued) Description TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Amount Paid Check Total 1,016.17 1,853.37 940.33 352.80 200.20 200.20 160982 10/17/2013 004074 FRANCHISE MGMT SERVICES supplies:high hopes program 138.29 INC 160983 10/17/2013 016184 FUN EXPRESS, LLC 160984 10/17/2013 010326 G E MOBILE WATER, INC 160985 10/17/2013 011204 GERMAN, JUANITA M. 4,563.07 supplies:high hopes program 107.86 supplies:high hopes program 46.41 292.56 MISC SUPPLIES:TEAM PACE 107.10 SUPPLIES:HIGH HOPES PROGRAM 28.80 135.90 Sept water filtration parts: Sta 73 25.92 Sept water filtration parts: Sta 73 59.00 84.92 Entertainment:mpsc anniversary event 80.00 80.00 160986 10/17/2013 000177 GLENNIES OFFICE PRODUCTS Misc office supplies: Planning 119.90 INC 160987 10/17/2013 014173 GOLDSTAR ASPHALT PRODUCTS 160988 10/17/2013 003792 GRAINGER 160989 10/17/2013 003592 GRANITE CONSTRUCTION COMPANY Misc office supplies:eco dev/planning misc office supplies: foc MISC. COMPUTER SUPPLIES:INFO TECF MISC OFC SUPPLIES:CITY CLERK, REG( misc office supplies:Records 114.99 90.23 47.88 91.00 63.05 527.05 pavement seal/equip rental: var parks 847.48 pavement seal/equip rental: var parks 1,029.35 1,876.83 MISC STAGE SUPPLIES: THEATER- 163.95 163.95 SEPT CONST:MAIN STREET BRIDGE 324,216.00 324,216.00 160990 10/17/2013 008081 HALL & FOREMAN INC Aug consultant srvcs:citywide pave rehab 160991 10/17/2013 000186 HANKS HARDWARE INC 160992 10/17/2013 002109 HD SUPPLY CONSTR. SUPPLY LTD May hardware supplies:Harveston Cntr May hardware supplies:library May hardware supplies:c.museum MISC MAINT SUPPLIES: PW STREET MAINT- MISC MAINT SUPPLIES: PW STREET MA MISC MAINT SUPPLIES: PW STREET MA 10,627.87 10,627.87 93.13 45.77 94.36 287.18 88.43 233.26 268.70 644.31 160993 10/17/2013 000520 HDL COREN & CONE INC FY 12/13 CAFR statistical reports 595.00 595.00 Page:4 apChkLst Final Check List Page: 5 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 160994 10/17/2013 001135 HEALTHPOINTE MEDICAL GROUP INC 160995 10/17/2013 002126 HILLYARD FLOOR CARE SUPPLY 160996 10/17/2013 001013 HINDERLITER DE LLAMAS & ASSOC 160997 10/17/2013 004406 IGOE & COMPANY INC 160998 10/17/2013 004833 IMPERIAL PAVING COMPANY INC 160999 10/17/2013 011228 INLAND PLANNING AND DESIGN INC 161000 10/17/2013 003266 IRON MOUNTAIN OFFSITE Description Amount Paid Check Total Pre-employment physicals 45.00 Pre-employment physicals 100.00 Pre-employment physicals 195.00 340.00 gym floor maint supplies: crc 4,256.30 4,256.30 Sales tax consulting srvcs:Finance 5,839.26 5,839.26 Oct flex benefit plan pmt 160.00 160.00 replace asphalt:la serena @ meadows 28,819.00 28,819.00 SEPT CONSULTING 8,300.00 8,300.00 SRVCS:JEFFERSON CORRIDOR offsite media storage:Records 554.29 554.29 161001 10/17/2013 004119 J TB SUPPLY COMPANY INC Traffic light supplies: pw traffic 161002 10/17/2013 000203 JOBS AVAILABLE INC 161003 10/17/2013 003046 K F R O G 95.1 FM RADIO 2,160.00 2,160.00 RECRUITMENT ADS:HUMAN 245.00 RESOURCES RECRUITMENT ADS:HUMAN RESOURCE 455.00 advertising:quilt show 2013 484.00 161004 10/17/2013 000820 K R W & ASSOCIATES JUL-SEP ENG PLAN CHK SVCS:PW LAND DEV 161005 10/17/2013 004115 K T U & ASSOCIATES AUG MASTER PLAN UPDATE:TRAILS & BIKEWAYS 161006 10/17/2013 016399 KITCHEN STATION LLC, THE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 161007 10/17/2013 016312 KRONQUIST, MELISSA special event lighting:civic center 161008 10/17/2013 016400 KROSKY, KENNETH refund: citation overpayment 700.00 484.00 4,730.00 4,730.00 10,898.50 10,898.50 112.50 67.50 67.50 67.50 112.50 67.50 90.00 585.00 5,000.00 5,000.00 315.00 315.00 Page:5 apChkLst Final Check List Page: 6 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 161009 10/17/2013 000209 L & M FERTILIZER INC 161010 10/17/2013 003975 LAWRENCE, JEFF 161011 10/17/2013 016110 LDCO, INC. 161012 10/17/2013 004412 LEANDER, KERRY D. 161013 10/17/2013 003782 MAIN STREET SIGNS 161014 10/17/2013 014392 MC COLLOUGH, JILL DENISE (Continued) Description Amount Paid Check Total erosian mat:PW 5.86 5.86 Reimb:Interview Panel 9/19 52.36 52.36 SEPT CONSTR CONTRACT:TCC 150,008.80 150,008.80 RENOVATION TCSD instructor earnings 1,260.00 TCSD instructor earnings 84.00 TCSD instructor earnings 378.00 TCSD instructor earnings 210.00 1,932.00 misc street signs: pw street maint div 129.60 129.60 lease interior plantscape:library 200.00 plant lease maint svc:civic ctr 525.00 725.00 161015 10/17/2013 006571 MELODY'S AD WORKS INC. consultant srvcs:csd winterfest 2013 4,000.00 consultant srvcs:csd quilt show 2013 182.21 4,182.21 161016 10/17/2013 015259 MERCURY DISPOSAL Household battery recycling program 161.88 161.88 SYSTEMS, INC. 161017 10/17/2013 015955 METRO FIRE & SAFETY, INC. annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites fire extinguisher maint srvcs: vehicles fire extinguisher maint svcs:vehicles snack bars at var parks annual inspection: civic center annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites fire extinguisher maint svcs:vehicles annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites annual fire extinguisher maint:var sites fire extinguisher maint:Bldg & Safety 161018 10/17/2013 005690 MICHELLE'S PLACE WOMENS FY 13/14 Council Comm Srvc Funding BREAST 161019 10/17/2013 013443 MIDWEST TAPE LLC temecula Library: A/V collections temecula Library: A/V collections temecula Library: AN collections 27.65 71.10 55.30 19.75 63.20 223.83 41.74 45.69 102.70 15.80 35.55 35.55 35.55 19.75 79.00 27.65 899.81 300.00 300.00 37.79 196.50 221.33 455.62 Page:6 apChkLst Final Check List Page: 7 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 161020 10/17/2013 012580 MINUTEMAN PRESS Misc printing srvcs:planning 161021 10/17/2013 012264 MIRANDA, JULIO C. Amount Paid Check Total 63.21 63.21 TCSD Instructor Earnings 529.20 TCSD Instructor Earnings 529.20 TCSD Instructor Earnings 617.40 TCSD Instructor Earnings 617.40 TCSD Instructor Earnings 485.10 TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 220.50 161022 10/17/2013 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 403.20 ANN TCSD Instructor Earnings 358.40 TCSD Instructor Earnings 144.90 TCSD Instructor Earnings 168.00 3,219.30 1,074.50 161023 10/17/2013 016401 MULLIN, LUKE refund: citation overpayment 65.00 65.00 161024 10/17/2013 000727 NATIONAL FIRE PROTECTION Code books: Prevention 605.06 605.06 ASSN 161025 10/17/2013 015122 NI GOVERNMENT SERVICES, Sept satellite phone srvc:EOC/Fire 151.75 151.75 INC. 161026 10/17/2013 002292 OASIS VENDING misc kitchen supplies:civic center 323.68 323.68 161027 10/17/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Parks Maint 794.50 794.50 161028 10/17/2013 015033 PACIFIC MUNICIPAL AUG ADMINISTRATIVE SRVCS:CDBG 1,150.00 1,150.00 CONSULTANTS PGRM 161029 10/17/2013 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings 218.40 161030 10/17/2013 000249 PETTY CASH 161031 10/17/2013 012904 PRO ACTIVE FIRE DESIGN 161032 10/17/2013 005075 PRUDENTIAL OVERALL SUPPLY TCSD Instructor Earnings 163.80 382.20 Petty Cash Reimbursement 319.93 319.93 Sept plan review consultant: Prevention 14,217.42 14,217.42 Sept floor mats/towel rentals:City 771.35 Sept uniform/fir mats/twl rentals:City 1,079.73 Credit:Sept flr mats/twl -2.00 1,849.08 Page:7 apChkLst Final Check List Page: 8 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 161033 10/17/2013 000262 RANCHO CALIF WATER DISTRICT 161034 10/17/2013 000907 RANCHO TEMECULA CAR WASH 161035 10/17/2013 002412 RICHARDS WATSON & GERSHON 161036 10/17/2013 000353 RIVERSIDE CO AUDITOR 161037 10/17/2013 000220 ROBINSON PRINTING & CREATIVE Description Amount Paid Check Total Aug 01-06-99000-14 28640 Pujol St 8.57 Sep var water meters:PW-CIP 374.44 Sep var water meters:TCSD svc lev C 47,125.82 Sep var water meters 1,555.93 Sep var water meters:facility & TVE2 3,647.50 Sep var water meters 1,175.80 Sep var water meters:Fire Stns 662.78 54,550.84 Jul City vehicle detailing srvcs:var 52.50 Aug City vehicle detailing srvcs:var 63.00 115.50 June 2013 legal services 29,441.21 Aug 2013 legal services 70,031.11 99,472.32 Sept '13 prkg citation assessments 5,610.84 5,610.84 combs for budget docs:finance dept 450.36 450.36 161038 10/17/2013 009196 SACRAMENTO THEATRICAL SOUND/LIGHTING SUPPLIES: LIGHTING THEATER 161039 10/17/2013 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10/10/13 161040 10/17/2013 009746 SIGNS BY TOMORROW 161041 10/17/2013 016333 SING AND SIGN ACADEMY 161042 10/17/2013 000645 SMART & FINAL INC 363.62 315.00 aluminum letters: theater ticket window 144.12 363.62 315.00 patches:recycling prgm 10/5 41.70 185.82 TCSD Instructor Earnings 35.00 35.00 Misc supplies: TCSD special events 102.92 Misc supplies:mpsc 130.50 233.42 161043 10/17/2013 016403 SMITH, MICHAEL & CHRISTINE settlement agrmnt pmt:Murr Crk Bridge 3,702.00 3,702.00 161044 10/17/2013 000537 SO CALIF EDISON 161045 10/17/2013 000519 SOUTH COUNTY PEST CONTROL INC Sep 2-29-223-9571 Murr Hot Sprgs Rd Sep 2-33-777-1950 40135 Village Rd Sep 2-26-887-0789 various mtrs Sep 2-33-237-4818:30499 Rancho cal Sep 2-01-202-7330:various All-nite LS -1 Sep 2-31-419-2659:26706 Ynez TC1 Sep 2-01-202-7603:various All-nite LS -1 76.86 929.82 2,289.77 101.46 77, 793.01 57.70 24,729.80 pest control srvcs:o.a.t.c. 48.00 105,978.42 pest control srvcs:stn 73 48.00 pest control srvcs:stn 92 42.00 138.00 Page:8 apChkLst Final Check List Page: 9 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 161046 10/17/2013 010924 T & D COMMUNICATIONS, INC. WAP installation cabling:Fire Stn 95 387.83 387.83 161047 10/17/2013 003599 T Y LIN INTERNATIONAL AUG CONSULTING SRVCS:F.VLY 287,769.92 PKWY/I-15 AUG CONSULTING SRVCS:WNCHSTR/I-' 135,033.38 422,803.30 161048 10/17/2013 011897 TAG/AMS INC Aug DOT Random Drug Testing - HR 65.00 65.00 161049 10/17/2013 000305 TARGET BANK BUS CARD Camera purch:code enforcement 167.22 167.22 SRVCS 161050 10/17/2013 000168 TEMECULA FLOWER CORRAL Sept sunshine fund 271.90 271.90 161051 10/17/2013 003677 TEMECULA MOTORSPORTS Veh repair & maint:police 180.34 180.34 LLC 161052 10/17/2013 011736 TEMECULA TROPHY INC Commission Recognition:City Council 432.00 Plates for awards:Fit 5k/10k run event 882.14 1,314.14 161053 10/17/2013 004274 TEMECULA VALLEY SECURITY locksmith svcs: foc 115.00 115.00 CENTR 161054 10/17/2013 012549 UPODIUM Vehicle maint supplies: Sta 73 206.39 206.39 161055 10/17/2013 004261 VERIZON Oct xxx-2941 general usage:TVE2 409.61 409.61 161056 10/17/2013 004789 VERIZON Oct internet svcs:Theater 134.99 Sep Internet Svcs: Library 0.08 135.07 161057 10/17/2013 004861 VON RICHTER, POLLY Reimb:HR Seminar 10/8/13 58.83 58.83 161058 10/17/2013 008402 WESTERN RIVERSIDE Sept '13 MSHCP payment 48,705.00 48,705.00 COUNTY 161059 10/17/2013 016402 YEN, NGUYEN HUBERT refund: citation overpayment 20.00 20.00 999676 10/11/2013 016398 ANTONELLI, CHRISTINE refund: tiny tots: 1040.301 44.80 44.80 999677 10/11/2013 016397 DELGADO, MARIE refund:picnic rental:Harveston 55.00 55.00 999678 10/11/2013 016396 GONZALES, BEVERLEY refund:sec dep:rm rental:Harveston 200.00 200.00 999679 10/11/2013 016395 MABE, KAREN refund:sec dep:rm rental:Harveston 75.00 75.00 Page apChkLst Final Check List Page: 10 10/17/2013 11:58:06AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 999680 10/11/2013 016394 NOLAND, KIM refund:sec dep:rm rental:Harveston Amount Paid Check Total 75.00 75.00 999681 10/11/2013 016373 SARRAT, MONICA refund: Tennis: 1400.301 60.00 60.00 Grand total for UNION BANK OF CALIFORNIA: 3,063,548.96 Page:10 apChkLst Final Check List Page: 11 10/17/2013 11:58:06AM CITY OF TEMECULA 128 checks in this report. Grand Total All Checks. 3,063,548.96 Pagel 1 apChkLst Final Check List Page: 1 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2289 10/24/2013 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT Amount Paid Check Total 1,592.76 1,592.76 2290 10/24/2013 000389 NATIONWIDE RETIREMENT OBRA - PROJECT RETIREMENT 3,113.06 3,113.06 SOLUTION PAYMENT 2292 10/24/2013 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 12,059.01 12,059.01 SOLUTION 2293 10/24/2013 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 78,629.06 78,629.06 2294 10/24/2013 000444 INSTATAX (EDD) STATE DISABILITY INS PAYMENT 22,335.89 22,335.89 2295 10/24/2013 000194 ICMA RETIREMENT -PLAN ICMA RETIREMENT TRUST 457 5,195.88 5,195.88 303355 PAYMENT 2296 10/24/2013 000444 INSTATAX (EDD) 3RD QRT 2013 UNEMP & TRAINING 19,375.51 19,375.51 TAX 161060 10/24/2013 007186 AB MAILING SOLUTIONS postage & handling:theater brochure 1,351.26 1,351.26 161061 10/24/2013 001517 AETNA BEHAVIORAL HEALTH, Oct Employee assistance prgm 664.40 664.40 LLC 161062 10/24/2013 010904 AFECO INC fire equipment: Sta 12 226.16 226.16 161063 10/24/2013 015083 AIR GAS USA, LLC 161064 10/24/2013 004601 ALL THE KING'S FLAGS 161065 10/24/2013 009787 ALTEC INDUSTRIES INC 161066 10/24/2013 004422 AMERICAN BATTERY CORPORATION misc stage supplies:Theater 16.62 misc stage supplies:Theater CA & U.S flags:history museum vehicle maint svcs:PW traffic div batteries for Fire: Sta 73 161067 10/24/2013 004240 AMERICAN FORENSIC NURSES SEP DUI & DRUG (AFN) SCREENINGS:POLICE SEP DUI & DRUG SCREENINGS:POLICE Aug DUI & drug screenings:Police Aug DUI & drug screenings:Police 161068 10/24/2013 002187 ANIMAL FRIENDS OF THE AUG ANIMAL CONTROL SVCS:CITY OF VALLEYS TEMECULA 31.36 47.98 1,461.86 1,461.86 1,028.21 1,028.21 184.12 184.12 381.42 84.76 720.46 296.66 1,483.30 10,000.00 10,000.00 Pagel apChkLst Final Check List Page: 2 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 161069 10/24/2013 006209 ASSOCIATION OF CHILDREN'S 13/14 annual mb: Ch Museum 161070 10/24/2013 005946 AYERS DISTRIBUTING supplies:halloween carnival pgrm COMPANY 161071 10/24/2013 011666 B P S TACTICAL INC TACTICAL VEST COVERS:POLICE SET TEAM 161072 10/24/2013 011954 BAKER & TAYLOR INC temecula library: misc collections 161073 10/24/2013 015592 BAMM PROMOTIONAL IT uniforms shirts: info tech PRODUCTS, INC 161074 10/24/2013 004262 BIO-TOX LABORATORIES DUI & drug screenings:Police DUI & drug screenings:Police DUI & drug screenings:Police 161075 10/24/2013 004462 C D W GOVERNMENT INC computer supplies Library 161076 10/24/2013 003138 CAL MAT Amount Paid Check Total 945.00 1,032.00 891.00 458.29 945.00 1,032.00 891.00 458.29 123.03 123.03 1,218.00 1,861.80 1,094.00 4,173.80 642.55 642.55 asphalt material:citywide street repairs 610.46 asphalt material:citywide street repairs 130.17 740.63 161077 10/24/2013 000152 CALIF PARKS & RECREATION 12/1-11/30/13 CPRS mb:Hawkins, K. 5.00 5.00 SOC 161078 10/24/2013 007146 CALIFORNIA SENSOR CORP IRRIG CONTROLLER UPGR:PHEASANT 1,562.64 1,562.64 RUN SLOPE 161079 10/24/2013 006114 CASEY, MARGIE 161080 10/24/2013 009640 CERTIFION CORPORATION reimb:misc supplies:IT training rm 212.18 212.18 SEP ONLINE DATABASE 150.00 150.00 SUBSCRIPTION:POLICE 161081 10/24/2013 014726 CHAPTER 13 STANDING SUPPORT PAYMENT TRUSTEE 161082 10/24/2013 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES CHARITIES PAYMENT 161083 10/24/2013 000442 COMPUTER ALERT SYSTEMS alarm system repair: harveston center alarm system repair: rrsp skate park install panic button: senior center alarm system repair:history museum ALARM SYSTEM REPAIRS: CITY HALL, T ALARM SYSTEM REPAIRS: CITY HALL, T 182.77 182.77 44.00 44.00 75.00 75.00 172.20 75.00 75.00 161.29 633.49 Page2 apChkLst Final Check List Page: 3 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 161084 10/24/2013 002945 CONSOLIDATED ELECTRICAL DIST. 161085 10/24/2013 001923 CONVERSE CONSULTANTS 161086 10/24/2013 013379 COSSOU, CELINE Description Amount Paid Check Total credit:dupl pmt on Inv#8750-520398 -388.80 misc electrical supplies:civic center 58.32 misc electrical supplies:OT sixth street 259.20 misc electrical supplies:OTsixth street 302.40 JULY SOILS & MATERIAL TESTING:PAVE REHAB AUG GEOTECH SVCS:GOHS TENNIS CO AUG SOILS & MATERIAL TESTING:PAVE 4,825.00 231.12 1,670.00 870.00 7,365.00 TCSD Instructor Earnings 346.50 TCSD Instructor Earnings 196.00 542.50 161087 10/24/2013 014521 COSTAR GROUP OCT WEB SUBSCRIPTION:ECO DEV 380.02 380.02 INFORMATION, INC 161088 10/24/2013 001264 COSTCO WHOLESALE misc supplies- TCSD special events 81.98 81.98 161089 10/24/2013 002631 COUNTS UNLIMITED INC count data collection svcs: traffic div 12,375.00 12,375.00 161090 10/24/2013 010650 CRAFTSMEN PLUMBING & hvac upgrade: civic center 800.00 800.00 HVAC INC 161091 10/24/2013 016208 CREATIVE MAD SYSTEMS, INC. MATERIALS:CHILDRENS MUSEUM 1,500.00 1,500.00 EXHIBIT 161092 10/24/2013 008810 CROSSTOWN ELECTRICAL & maint & repair CCTV cameras:pw traffic 942.77 942.77 DATA 161093 10/24/2013 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 10/15 164.50 164.50 161094 10/24/2013 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 665.00 TCSD instructor earnings 269.50 934.50 161095 10/24/2013 003945 DIAMOND ENVIRONMENTAL portable restroom svcs:various parks SRVCS 161096 10/24/2013 004192 DOWNS COMMERCIAL FUELING INC 52.80 52.80 Fuel for city vehicles:B & S dept 385.90 Fuel for city vehicles:Police Fuel for city vehicles:PW Traffic FUEL FOR CITY VEHICLES:PW CIP/NPDE FUEL FOR CITY VEHICLES:PW LAND DE Fuel for city vehicles:TCSD Fuel for city vehicles:PW Maint Fuel for city vehicles:PW, TCSD Fuel for city vehicles:code 38.12 407.67 381.78 124.62 267.39 1,840.42 2,660.45 476.57 6,582.92 Page3 apChkLst Final Check List Page: 4 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 161097 10/24/2013 002390 EASTERN MUNICIPAL WATER Sep water meter:Murr hot springs rd 110.33 DIST Sep water meter:Murr hot springs rd 24.49 161098 10/24/2013 013723 ENTECH NORTHWEST INC AUG NOISE/AIR QUALITY 2,740.00 ANALYSIS:ARBOR VIS 161099 10/24/2013 005115 ENTERPRISE RENT A CAR INC VAN RENTAL:SUMMER EXPLORERS FIELD TRIP 7 VAN RENTAL:SUMMER EXPLORERS FIE 250.43 134.82 2,740.00 125.22 375.65 Page:4 apChkLst Final Check List Page: 5 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 161100 10/24/2013 003347 FIRST BANKCARD CENTER 007987 WALMART KH misc supplies:recreation div 128.23 007282 AMAZON.COM, INC KH Books:Library 27.28 007282 AMAZON.COM, INC KH Books:Library 126.47 007282 AMAZON.COM, INC KH Books:Library 86.05 014949 WESTERN CITY MAGAZINE GB advert. western city magazine:HR 250.00 014949 WESTERN CITY MAGAZINE GB advert. western city magazine:HR 250.00 000398 CALIF MUNI TREASURERS JH FY 13-14 CMTA ANNUAL MBRSHP 155.00 ASSN 000175 GOVERNMENT FINANCE JH Regis.:seminar 9/17:HS 85.00 OFFICERS 000795 FRED PRYOR JH business seminar 12/9:SR 99.00 SEMINARS-CAREERTRAC 006952 PAYPAL JH verisign payflow pro transaction 59.95 000175 GOVERNMENT FINANCE JH business seminar 10/7-11:HS 170.00 OFFICERS 007282 AMAZON.COM, INC KH Books:Library 16.16 007517 PECHANGA RESORT & CASINO KH REFRESHMENTS:REIMB BY EE 94.36 008165 OUTBACK KH refreshments:reimb by EE 139.05 006952 PAYPAL KH verisign payflow pro transaction 365.40 007282 AMAZON.COM, INC KH Books:Library 37.75 KH Admin svc chg 14.09 015363 76 TEMECULA FUELS CORP AA fuel: CM vehicle 70.00 010514 CAMPINI'S ITALIAN DELI AA refreshments:city atty mtg 9/10 83.54 000198 INTL COUNCIL OF SHOPPING AA REGIS. ICSC WESTERN DIV 835.00 CONF:CK,CD 014279 COPPERHEAD CONSULTANTS, AA refreshments:RCA mtg 9/17 37.50 LLC 014885 TEMECULA CATERING AA refreshments:Eco Dev mtg 270.70 016407 LINKEDIN CORPORATION MH job posting:IT Dept 295.00 013851 STORM SOURCE, LLC MH appointment plus:IT 20.00 007282 AMAZON.COM, INC MH misc computer supplies:IT 1,014.78 005531 FRONT STREET BAR & GRILL SJ MEALS:CITY COUNCIL MTG 9/10 20.00 001526 MICHAELS STORES INC SJ SUPPLIES:TEM HOSPITAL 602.91 CEREMONY 7/31 Page:5 apChkLst Final Check List Page: 6 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 007148 MARIE CALLENDER RESTAURANT 25 (Continued) Description Amount Paid Check Total SJ refreshments:council closed sess. 17.58 002652 PAT & OSCARS RESTAURANT SJ Team bldg event:city clerk dept 48.05 006552 PAINTED EARTH SJ Team bldg event:city clerk dept 149.28 000915 NATIONAL NOTARY SJ refill ink for notary stamps 13.00 ASSOCIATION 012915 LUCILLE'S BBQ 000621 WESTERN RIVERSIDE COUNCIL OF SJ Meals:council closed session mtg 10/8 288.98 PR 2013 WRCOG expo 9/26 25.00 009720 STARBUCKS CORPORATION MN refreshments:Mayor's mtg 9/10 008956 PANERA BREAD MN refreshments:Mayor's mtg 9/10 010514 CAMPINI'S ITALIAN DELI GB Labor negotiations mtg 10/2 013851 STORM SOURCE, LLC MH appointment plus:IT 002528 EAGLE GRAPHIC CREATIONS SJ misc supplies:Council INC 13.95 13.99 25.67 20.00 77.76 005531 FRONT STREET BAR & GRILL SJ Meals:city council mtg 9/10 219.24 000210 LEAGUE OF CALIF CITIES SJ REGIS.:LCC SEMINAR:SJ 12/4-6 450.00 000210 LEAGUE OF CALIF CITIES SJ REGIS.:LCC SEMINAR:GF 12/4-6 450.00 005531 FRONT STREET BAR & GRILL SJ Meals:council closed session 9/24 239.24 7,404.96 161101 10/24/2013 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 135.00 135.00 161102 10/24/2013 001937 GALLS INC volunteer uniforms:Police 7.56 volunteer uniforms:Police 8.10 15.66 161103 10/24/2013 015750 GMU GEOTECHNICAL, INC. VIBRATION MONITOR SRVCS:MAIN ST 2,735.00 2,735.00 BRIDGE 161104 10/24/2013 009608 GOLDEN VALLEY MUSIC Settlement:celebrating...instruments SOCIETY 161105 10/24/2013 016131 GREEN GUARD SERVICES, INC kitchen hood exhaust:pbsp kitchen hood exhaust:crc kitchen hood maint svcs:mpsc 1,576.76 1,576.76 450.00 350.00 250.00 1,050.00 Page:6 apChkLst Final Check List Page: 7 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 161106 10/24/2013 014402 GROEPPER, BROOKE ELIZABETH (Continued) Description Amount Paid Check Total TCSD instructor earnings 100.80 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 161107 10/24/2013 003342 HABITAT FOR HUMANITY Reimb:bldg permit fees:habitat humanity 491.40 1,881.60 2,226.56 4,090.80 436.80 604.80 9,832.76 2,331.00 2,331.00 161108 10/24/2013 008081 HALL & FOREMAN INC SEP ENG SVCS: OLD TOWN STORM 300.00 300.00 DRAIN 161109 10/24/2013 004062 KUSTOM SIGNALS INC equip repair & maint:police lidar & 326.68 326.68 161110 10/24/2013 002933 LINSCOTT LAW & GREENSPAN JUL TRAFFIC ANALYSIS:ARBOR VISTA 6,063.00 6,063.00 161111 10/24/2013 003782 MAIN STREET SIGNS DEV VAR SIGNS: HISTORY MUSEUM 209.40 (4) SIGNS - TEM VLY HISTORY MUSEUM 72.80 282.20 161112 10/24/2013 014184 MALCOLM SMITH veh repair & maint:police motorcycles 556.67 556.67 MOTORCYCLES, INC 161113 10/24/2013 016408 MARSHALL, AMY refund:sec dep:rm rental:Harveston 200.00 200.00 161114 10/24/2013 014392 MC COLLOUGH, JILL DENISE lease interior plantscape:library 200.00 plant lease maint svc:civic ctr 525.00 725.00 161115 10/24/2013 004894 MICHAEL BRANDMAN JUL BIOLOGICAL PEER 2,554.00 2,554.00 ASSOCIATES REVIEW:ARBOR VIST DE 161116 10/24/2013 015164 NATURES IMAGE, INC SEP ENVIRO MITIGATION:FVP 1,452.95 OVERCROSSING SEP PECHANGA PKWY ENVIRON MITIG! 51,042.29 52,495.24 161117 10/24/2013 002292 OASIS VENDING KITCHEN/COFFEE SUPPLIES:MPSC 333.24 333.24 161118 10/24/2013 003964 OFFICE DEPOT BUSINESS SVS Printing srvcs:police business cards DIV 161119 10/24/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Park Maint City Vehicle Maint Svcs:PW Park Maint City Vehicle Maint Svcs:PW Park Maint City Vehicle Maint Svcs:PW Park Maint CITY VEHICLE MAINT SVCS:TCSD City Vehicle Maint Svcs:PW Park/TCSD 216.43 216.43 128.84 65.00 55.00 145.85 430.30 662.50 1,487.49 Page:7 apChkLst Final Check List Page: 8 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 161120 10/24/2013 002105 OLD TOWN TIRE & SERVICE (Continued) Description City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Park Maint City Vehicle Maint Svcs:PW Park Maint City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW CIP Amount Paid Check Total 47.50 55.00 152.40 208.31 571.28 1,034.49 161121 10/24/2013 015923 PCMG equip for tvs @ library 478.79 478.79 161122 10/24/2013 003663 PECHANGA BAND OF LUISENO Sept tribal monitoring:butterfield 1,018.00 1,018.00 161123 10/24/2013 010320 PETCO ANIMAL SUPPLIES INC Police K-9 food and supplies 161.99 161.99 161124 10/24/2013 000249 PETTY CASH Petty Cash for Halloween Family Carnival 1,500.00 1,500.00 161125 10/24/2013 010338 POOL & ELECTRICAL misc pool supplies/chemicals:var pools 117.65 PRODUCTS INC 161126 10/24/2013 000254 PRESS ENTERPRISE COMPANY INC 161127 10/24/2013 013725 PROCRAFT INC 161128 10/24/2013 000262 RANCHO CALIF WATER DISTRICT misc pool supplies/chemicals:var pools 74.48 misc pool supplies/chemicals:var pools 273.07 misc pool supplies/chemicals:var pools 47.65 512.85 Sept advertising: theater 257.50 257.50 repair svc for garage gate: civic ctr 190.00 190.00 Sep var water meters:TCSD svc lev C 20,290.79 Sep water meter:41951 Moraga Rd Sep water meter: 29119 Margarita Rd Sep various water meters 1,513.42 229.21 255.65 22,289.07 161129 10/24/2013 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SERVICES:F.V.PKWY 795.96 795.96 PHI 161130 10/24/2013 000271 RBF CONSULTING Jul -Aug eng srvcs:I-15/SR-79S Intrchg 34,776.10 34,776.10 161131 10/24/2013 003591 RENES COMMERCIAL misc weed abatement:city right-of-ways 9,654.00 9,654.00 MANAGEMENT 161132 10/24/2013 000418 RIVERSIDE CO CLERK & Ntc/determination:Murr Crk Bridge-Ovrind 2,206.25 2,206.25 RECORDER FY 13/14 debt srvc fee:animal shelter 207,327.00 207,327.00 161133 10/24/2013 010777 RIVERSIDE CO EXECUTIVE OFFICE Page:8 apChkLst Final Check List Page: 9 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 161134 10/24/2013 000406 RIVERSIDE CO SHERIFFS 7/25-8/21 law enforcement 1,579,187.66 1,579,187.66 DEPT 161135 10/24/2013 000406 RIVERSIDE CO SHERIFFS Canine Handler Update 11/6-8 M.Cramer 177.00 177.00 DEPT 161136 10/24/2013 013250 RIVERSIDE COUNTY OF, 7/11-8/18 guard & bailiff srvcs:yourth 352.36 352.36 SHERIFF 161137 10/24/2013 012251 ROTH, DONALD J. TCSD Instructor Earnings 693.00 TCSD Instructor Earnings 315.00 1,008.00 161138 10/24/2013 000278 SAN DIEGO UNION TRIBUNE Sept public ntcs:City Clerk/Pln 442.08 442.08 161139 10/24/2013 011511 SCUBA CENTER TEMECULA 161140 10/24/2013 008529 SHERIFF'S CIVIL DIV - CENTRAL TCSD Instructor Earnings 588.00 TCSD Instructor Earnings 14.00 602.00 SUPPORT PAYMENT 300.00 300.00 161141 10/24/2013 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10/17 161142 10/24/2013 009746 SIGNS BY TOMORROW 161143 10/24/2013 004814 SIMON WONG ENGINEERING INC 161144 10/24/2013 000645 SMART & FINAL INC 161145 10/24/2013 015119 SMC FAMILY CORP 161146 10/24/2013 000537 SO CALIF EDISON 521.00 521.00 Signs:college fair event 159.10 PUBLIC NTC POSTING SRVCS XX -0276:F 444.60 PUBLIC NTC POSTING SRVCS XX -0086:F 148.20 PUBLIC NTC POSTING SRVCS XX -0164:F 148.20 PUBLIC NTC POSTING SRVCS XX -0249:F 171.96 1,072.06 Sept const support srvcs:main st bridge 6,237.00 6,237.00 Supplies:High Hopes Program 52.36 52.36 Balance due:Comm.Recogn. 10/28 842.00 842.00 Sept 2-28-171-2620 Police Mall Stn Sept 2-31-693-9784 various meters Sept 2-29-974-7568 various meters Sept 2-00-397-5059 various meters Sept 2-30-608-9384 Harveston Dr Sept 2-27-560-0625 Deerhollow Way Sep 2-30-296-9522 31035 Rancho Vista 1,249.49 290.16 128.05 10,134.84 790.67 3,719.30 359.95 16,672.46 161147 10/24/2013 001212 SO CALIF GAS COMPANY Sep 055-475-6169-5:PHBSP 177.19 Sep 015-575-0195-2:32211 Wolf vly rd 101.19 278.38 Page9 apChkLst 10/24/2013 2:07:39PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 161148 10/24/2013 015964 SPANISH DANCE ARTS CO, INC. 161149 10/24/2013 000293 STADIUM PIZZA INC 161150 10/24/2013 008337 STAPLES BUSINESS ADVANTAGE 161151 10/24/2013 006145 STENO SOLUTIONS TRANSCRIPTION 161152 10/24/2013 015493 SWEENEY, TIMOTHY P. 161153 10/24/2013 013387 SWEEPING UNLIMITED INC 161154 10/24/2013 000305 TARGET BANK BUS CARD SRVCS 161155 10/24/2013 003677 TEMECULA MOTORSPORTS LLC 161156 10/24/2013 004260 TEMECULA STAMP & GRAPHICS 161157 10/24/2013 008677 TEMECULA SWIM CLUB (Continued) Description Performance: Theater, Nov. 2-3, 2013 REFRESHMENTS:BUSINESS DEV SEM 10/9/13 Misc office supplies:finance Misc office supplies:finance Misc office supplies:finance Misc office supplies:human services Misc office supplies:human services Misc office supplies:children's museum Misc office supplies:TCSD Admin Misc office supplies:police mall office Misc office supplies:police mall office Misc office supplies:TCSD Admin Misc office supplies:TCSD Admin Credit:misc office suppliesTCSD Admin Misc office supplies:police old town Misc office supplies:finance Misc office supplies:finance Credit:misc office supplies/finance Sept transcription srvcs:Police TIm Sweeney, Motivational Comedy 10/18 Oct sweeping srvcs: parking garage Misc supplies:Children's Museum Misc supplies:Teen room Misc supplies:Harveston Center Misc craft supplies:TCSD Veh repair & maint:police motorcycles Self -inking stamps:finance dept refund:sec dep:rm rental:CRC refund:sec dep:rm rental:CRC 161158 10/24/2013 010493 TEMECULA TOWNE CENTER Nov lease payment: pd mall office ASSOC LP Amount Paid Check Total 14,500.00 100.41 42.01 37.04 2.15 43.19 166.09 51.35 144.72 39.92 152.49 28.86 99.72 -28.86 209.00 84.91 74.58 -46.54 1,023.54 455.00 500.00 57.01 82.06 124.53 28.95 661.22 77.35 200.00 200.00 14,500.00 100.41 1,100.63 1,023.54 455.00 500.00 292.55 661.22 77.35 400.00 1,458.33 1,458.33 Pagel 0 apChkLst Final Check List Page: 11 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 161159 10/24/2013 011736 TEMECULA TROPHY INC Nameplates:planning dept 19.44 161160 10/24/2013 010046 TEMECULA VALLEY Aug '13 Bus. Impry District Asmnts 119,737.80 CONVENTION & 161161 10/24/2013 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:Civic Center 129.60 CENTR 19.44 119,737.80 Locksmith srvcs:Civic Center 95.00 224.60 161162 10/24/2013 010276 TIME WARNER CABLE Oct high speed internet Stn 92 49.95 Oct high speed internet:32211 Wolf vly 118.26 168.21 161163 10/24/2013 000319 TOMARK SPORTS INC mound clay & bricks:var park infields 1,639.60 1,639.60 161164 10/24/2013 013078 TOROK, LORI A. PERFORMANCE: TEM. PRESENTS 625.00 625.00 11/2-3 161165 10/24/2013 000161 TYLER TECHNOLOGIES, INC Permitting & Land Mgmt software 3,532.99 Permitting & Land Mgmt software 40,500.00 44,032.99 161166 10/24/2013 004001 U C REGENTS Turfgrass/Idscp trng 12/11 S. Fox 85.00 85.00 161167 10/24/2013 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 252.41 252.41 EDUCATION 161168 10/24/2013 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint 32.68 32.68 AMERICA 161169 10/24/2013 010169 UNITED TOWING SERVICE, INC TOWING SERVICES:MPSC 230.00 Towing services:police 420.00 650.00 161170 10/24/2013 000325 UNITED WAY UNITED WAY CHARITIES PAYMENT 25.00 25.00 161171 10/24/2013 008977 VALLEY EVENTS INC EVENT RENTAL ITEMS:HEALTH & 95.00 95.00 WELLNESS FAI 161172 10/24/2013 004261 VERIZON Aug xxx-0073 gen usage 6.94 6.94 161173 10/24/2013 004789 VERIZON Oct Internet svcs:Civic Center 289.99 289.99 161174 10/24/2013 004279 VERIZON CALIFORNIA INC. 9WCZ05738PONODYZ/Btrfld Stg Rd 7,365.10 7,365.10 161175 10/24/2013 013647 VICAR OPERATING, INC. Veterinary srvcs:Police K-9 unit 93.25 93.25 Pagel 1 apChkLst Final Check List Page: 12 10/24/2013 2:07:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 161176 10/24/2013 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:civic center Amount Paid Check Total 150.77 150.77 161177 10/24/2013 003730 WEST COAST ARBORISTS INC tree trims & removals: villages slope 8,787.00 tree trim maint srvcs:city right-of-ways 840.00 tree trims & removals: temeku hills 4,071.00 tree trims & removals: serena hills 69.00 tree trims & removals: vintage hills 690.00 EMERG TREE TRIMS & REMOVALS: VAR 952.00 tree trim & removal:barclay estat slope 1,242.00 tree trims&removals: meadowview slope 597.00 tree trims/removals:var parks & medians 70.00 17,318.00 161178 10/24/2013 015830 WISWELL, BRIAN Reimb:bbq grill repair/stn 92 234.60 234.60 999682 10/16/2013 016372 DUHAMELL, JASON refund:sec dep:rm rental:Harveston 200.00 200.00 999683 10/16/2013 016145 KIM, YOUNGHEE refund: wonders science: 1891.302 156.00 156.00 999684 10/16/2013 016370 LAWRENCE, KUTRINA refund:sec dep:rm rental:Harveston 200.00 200.00 999685 10/16/2013 016393 ESTERO, MARY refund:notary signing: 3027.301 100.00 100.00 999686 10/16/2013 016392 LUNA, SYLVIA refund:sec dep:rm rental:CRC Pool 50.00 50.00 Grand total for UNION BANK OF CALIFORNIA: 2,400,637.28 Page:12 apChkLst Final Check List Page: 13 10/24/2013 2:07:39PM CITY OF TEMECULA 131 checks in this report. Grand Total All Checks. 2,400,637.28 Page:13 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 12, 2013 SUBJECT: City Treasurer's Report as of September 30, 2013 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of September 30, 2013. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of September 30, 2013. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of September 30, 2013 Investments City of Temecula, California Portfolio Management Portfolio Summary September 30, 2013 Par Market Value Value Book % of Value Portfolio Term City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return 40,948,141.44 40,948,141.44 40,948,141.44 44 65 1 1 0 134 0.135 5,757,462.54 5,757,462.54 5,757,462.54 6.28 1 1 0.000 0.000 1.00 1.00 1.00 0.00 1 1 0.000 0.000 23,008,151.84 23,019,790.23 23,008,151.84 25 09 1 1 0.267 0.271 6,000,000.00 6,015,590.00 6,000,000,00 6.54 1,553 966 1.024 1.038 16,000,000.00 16,083,520.00 15,999,270.00 17.44 1,262 630 0.777 0.788 91,713,756.82 91,824,505.21 3,411,660 55 91,713,026.82 100.00% 322 174 0.329 0.334 3,411,660.55 3,411,660.55 1 1 0.000 0.000 95,125,417.37 95,236,165.76 September 30 Month Ending 26, 353.88 99,159,587.22 0.32% Reporting period 09/01/2013-09/30/2013 Run Date: 10/28/2013 - 14:19 95,124,687.37 322 174 0.329 0.334 Fiscal Year To Date 90,608.49 111,117,380.07 0.32% Portfolio TEME CP PM (PRF_PM1) 7.3 0 Report Ver. 7.3..5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2013 Page 1 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2013 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 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Run Date: 10/28/2013 - 14:21 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2013 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.81 0.81 0.81 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.78 0.78 0.78 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA 06B INT2 First American Treasury 16.05 16.05 16.05 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,125.80 202,125.80 202,125.80 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 87.74 87.74 87.74 0.010 0.010 0.010 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,673.64 209,673.64 209,673.64 0.020 0.020 0.020 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,140.27 1,104,140.27 1,104,140.27 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,970.16 1,263,970.16 1,263,970.16 0.020 0.020 0.020 1 136343008 RDA 10A CIP2 First American Treasury 19,950.13 19,950.13 19,950.13 0.020 0.020 0.020 1 136343001-2 RDA 10A-INT1 First American Treasury 1.59 1.59 1.59 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 5,186,548.93 5,186,548.93 5,186,548.93 0.020 0.020 0.020 1 136343000-1 RDA 10B-INT1 First American Treasury 1.87 1.87 1.87 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,394.98 440,394.98 440,394.98 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 190,887.00 190,887.00 190,887.00 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 62,041.04 62,041.04 62,041.04 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,143,606.06 2,143,606.06 2,143,606.06 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 799.73 799.73 799.73 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,777.29 147,777.29 147,777.29 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 74,978.46 74,978.46 74,978.46 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 754,471.77 754,471.77 754,471.77 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 388.80 388.80 388.80 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 192,149.58 192,149.58 192,149.58 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 776.24 776.24 776.24 0.010 0.010 0.010 1 Run Date: 10/28/2013 - 14:21 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2013 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 10.22 10.22 10.22 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1bond fd Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 758,542.10 758,542.10 758,542.10 0.010 0.010 0.010 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 1,097.59 1,097.59 1,097.59 0.010 0.010 0.010 1 793593016-5 03-2 LOC11 Federated Tax Free Obligations 141,986.27 141,986.27 141,986.27 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 27,081.97 27,081.97 27,081.97 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.26 1,144.26 1,144.26 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.45 507.45 507.45 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2013 0.02 0.02 0.02 0.000 0.000 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 10,782.77 10,782.77 10,782.77 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,501.12 65,501.12 65,501.12 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2013 1,159.10 1,159.10 1,159.10 0.010 0.010 0.010 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.40 0.40 0.40 0.000 0.000 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,307,903.19 1,307,903.19 1,307,903.19 0.010 0.010 0.010 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 7,269,512.63 7,269,512.63 7,269,512.63 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 15,864,127.14 15,864,127.14 15,864,127.14 0.271 0.267 0.271 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,503,850.00 3,503,850.00 3,503,850.00 0.271 0.267 0.271 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 Run Date: 10/28/2013 - 14:21 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2013 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 42,258,723.44 40,948,141.44 40,948,141.44 40,948,141.44 0.134 0.135 1 Retention Escrow Account 194012308-16 ARMY CORPS SYSPI aza Prtnr PORTOLA TRRC 39211000 RJ NOBLE Bank of Sacramento 67,307.10 67,307.10 67,307.10 0.000 0.000 1 Army Corps Union Bank 600,142.89 600,142.89 600,142.89 0.000 0.000 1 PI aza Prtnr Wells Fargo Bank 07/01/2013 4,000,067.96 4,000,067.96 4,000,067.96 0.000 0.000 1 Portola Trrc Wells Fargo Bank 9,682.45 9,682.45 9,682.45 0.000 0.000 1 Summerhouse Wells Fargo Bank 1,080,262.14 1,080,262.14 1,080,262.14 0.000 0.000 1 Subtotal and Average 5,732,677.66 5,757,462.54 5,757,462.54 5,757,462.54 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2013 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 766,369.12 766,369.12 766,369.12 0.271 0.267 0.271 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 306,547.64 306,547.64 306,547.64 0.271 0.267 0.271 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,420,537.78 1,420,537.78 1,420,537.78 0.271 0.267 0.271 1 SYSCITY CITY CA Local Agency Investment Fun 8,960,188.85 8,965,272.14 8,960,188.85 0.271 0.267 0.271 1 SYSRDA RDA CA Local Agency Investment Fun 1,743.79 1,744.78 1,743.79 0.271 0.267 0.271 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.271 0.267 0.271 1 Run Date: 10/28/2013 - 14:21 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2013 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 25,224,818.51 11,552,764.66 23,008,151.84 11,559,318.77 11,552,764.66 0.271 0.267 0.271 1 23,019,790.23 23,008,151.84 0.267 0.271 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,007,740.00 1,000,000.00 1.400 1.381 1.400 1,165 12/09/2016 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,001,410.00 1,000,000.00 1.000 0.986 1.000 623 06/16/2015 3134G3PH7 01186 Federal Home Loan Mtg Corp 02/24/2012 1,000,000.00 1,001,800.00 1,000,000.00 1.000 0.986 1.000 1,058 08/24/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,000,760.00 1,000,000.00 1.350 1.332 1.350 1,119 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,003,360.00 1,000,000.00 1.000 0.986 1.000 1,092 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,000,520.00 1,000,000.00 0.480 0.473 0.480 738 10/09/2015 Subtotal and Average 6,000,000.00 6,000,000.00 6,015,590.00 6,000,000.00 1.024 1.038 966 Federal Agency Bullet Securities 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,004,640.00 1,000,000.00 1.375 1.356 1.375 132 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,006,120.00 1,000,000.00 0.875 0.863 0.875 304 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,016,390.00 1,000,000.00 1.300 1.282 1.300 1,101 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,012,680.00 1,000,000.00 1.050 1.036 1.050 755 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,010,870.00 1,000,000.00 0.970 0.957 0.970 783 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,000,430.00 1,000,000.00 0.500 0.493 0.500 59 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,011,420.00 1,000,000.00 1.000 0.986 1.000 799 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,007,700.00 1,000,000.00 0.850 0.838 0.850 840 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 999,450.00 1,000,000.00 0.410 0.404 0.410 758 10/29/2015 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,008,110.00 1,000,000.00 1.000 0.986 1.000 356 09/22/2014 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,003,510.00 1,000,000.00 0.520 0.513 0.520 479 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,820.00 1,000,000.00 0.400 0.395 0.400 500 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,002,580.00 1,000,000.00 0.500 0.493 0.500 598 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,006,980.00 1,000,000.00 0.900 0.888 0.900 909 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 989,140.00 1,000,000.00 0.550 0.542 0.550 1,183 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,001,680.00 999,270.00 0.375 0.399 0.404 531 03/16/2015 Subtotal and Average 16,399,270.00 Run Date: 10/28/2013 - 14:21 16,000,000.00 16,083,520.00 15,999,270.00 0.777 0.788 630 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Total and Average 99,159,587.22 Run Date: 10/28/2013 - 14:21 91,713,756.82 91,824,505.21 91,713,026.82 0.329 0.334 174 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash September 30, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 4110170281 EDGEDEV TORRY PINES BANK 23303800 PCL CONST Wells Fargo Bank 19,718.09 19,718.09 19,718.09 0.000 0.000 1 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2013 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2013 21,808.45 21,808.45 21,808.45 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 3,359,151.34 3,359,151.34 3,359,151.34 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2013 7,872.67 7,872.67 7,872.67 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 99,159,587.22 Run Date: 10/28/2013 - 14:21 95,125,417.37 95,236,165.76 95,124,687.37 0.329 0.334 174 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Item No. 5 Approvals City Attorney Finance Director City Manager VIIJIAL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director Steven Gallegos, Fire Chief DATE: November 12, 2013 SUBJECT: Cooperative Agreement for Fire Protection, Prevention, Rescue, and Medical Emergency Services PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: Approve the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue, and Medical Emergency Services for the City of Temecula through June 30, 2016. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement with the County of Riverside. Formalization of this agreement is required every three years to appropriately renew the required contract. The County has provided the City with a schedule of contract staffing costs (Exhibit "A") to the Fire Protection Agreement for City Council approval, which reflects the estimated service costs for Fiscal Year 2013-14. In addition, the County provided a payment for services additional terms (Exhibit "B") which outlines payment terms and an outline of the Fire Engine Use Agreement costs (Exhibit "C"). Fiscal Year 2013-14 includes an increase in service costs due to the increase in estimated support services divided between all contract partners. In addition, the Fire Engine Use Agreement, which guarantees the use of working Fire engines and the County owned equipment through the life of the contract, has also been increased by $4,000 per engine. This is calculated based on 1/20 of the replacement cost of an engine. There is also a slight increase in estimated fire tax credit, which offsets fire costs to the City. FISCAL IMPACT: The County estimated fire contract cost for Fiscal Year 2013-14 is $4,610,448. Adequate funds have been appropriated in the Fiscal Year 2013-14 Fire Services budget. ATTACHMENTS: 1. Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula 2. Exhibit "A" 3. Exhibit "B" 4. Exhibit "C" A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this 12th day of November, 2013, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Temecula, a duly created city, (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE") to provide CITY with fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists (hereinafter called "Fire Services"). This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55606, 55632 and 55642, and will provide a unified, cooperative, integrated, and effective fire services system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors, or his designee, (hereinafter referred to as "Chief") shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. CITY may budget for the position of a Deputy Chief or a Division Fire Chief or COUNTY may assign an existing Chief Officer as the Contract City representative ("City Representative"). The Chief may delegate certain authority to the City Representative, as the Chief's duly authorized designee and the City Representative shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A". C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 1 of 9 SECTION III: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A." This Exhibit may be amended in writing by mutual agreement by both parties in the event of an increase and/or decrease of salary or expenses or when CITY requests an increase and/or decrease in services. 1. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." There shall be no obligation on the part of CITY to expend or appropriate any sum in excess of Exhibit "A" which exceeds the yearly appropriation of CITY for the purposes of this Agreement. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL FIRE or other public agency will exceed the total amount specified therein, and CITY has failed to agree to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Personnel reductions resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit "A" to this Agreement shall not be subject to relocation expense reimbursement by CITY, as outlined in Section III, B. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described herein, such increase shall be accomplished by an amendment to Exhibit "A" and approved by the parties hereto. 2. In the event CITY requests an increase in services and paragraph A.1. of this Section is not applicable, an amendment to Exhibit "A" may be approved by the parties hereto. B. COUNTY provides fire personnel, equipment and services through its CAL FIRE Agreement. In the event CITY desires a reduction in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," when paragraph A.1. of this Section is not applicable, CITY shall provide one hundred twenty (120) days written notice of the requested reduction. Proper notification shall include the following: (1) The total amount of reduction; (2) The effective date of the reduction; and (3) The number of employees, by classification, affected by the proposed reduction. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the reduction, in addition to any other remedies available resulting from the reduction in services. C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement in an amount not to exceed that set forth in Exhibit "A," as amended. Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 2 of 9 COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. CITY shall pay each claim within thirty (30) days after receipt thereof. D. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. E. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. F. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. In the event that a fire engine which was initially purchased by the CITY and then the CITY elects to have the COUNTY take responsibility of said fire engine(s), the following will apply. All capital improvements and/or betterments to the fire engine(s) will be the responsibility and paid for by the owner of said engine(s). All other maintenance and repairs to the fire engine(s) listed in the attached Exhibit "C" will be the responsibility and paid for by the COUNTY under this Agreement. The insurance responsibility will be dependant upon the CITY'S option to maintain or transfer title of said fire engine(s). G. Notwithstanding Paragraph F herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Nine Hundred Forty Four Dollars ($944.00) per day, or Six Thousand Six Hundred Eight Dollars ($6,608.00) per week. SECTION IV: INITIAL TERM AND RENEWAL A. The term of this Agreement shall be from July 1, 2013, to June 30, 2016. Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of CAL FIRE or CITY, COUNTY agrees to continue to provide Fire Services to CITY until such time as CITY has a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by either party after June 30, 2015. Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 3 of 9 B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to extend this Agreement or enter into a new agreement with COUNTY for Fire Services and, if so, whether CITY intends to change the level of Fire Services provided under this Agreement. C. If CITY fails to provide such notice, as defined in paragraph B above, COUNTY shall have the option to extend this Agreement for a period of up to one (1) year from the original termination date and to continue providing services at the same or reduced level as COUNTY determines would be appropriate during the extended period of this Agreement. Six (6) months prior to the date of expiration of this Agreement, or any extension hereof, COUNTY shall give written notice to CITY of any extension of this Agreement and any changes in the level of Fire Services COUNTY will provide during the extended period of this Agreement. Services provided and obligations incurred by COUNTY during an extended period shall be accepted by CITY as services and obligations under the terms of this Agreement. D. The cost of services provided by COUNTY during the extended period shall be based upon the amounts that would have been charged to CITY during the fiscal year in which the extended period falls, had a new agreement been extended under this Section IV. Payment by CITY for services rendered by COUNTY during the extended period shall be in accordance with Exhibit "A," of this Agreement. SECTION V: TERMINATION Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto no less than one (1) year prior to the expiration of the term hereof. This Agreement may be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment and operating expenses as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 4 of 9 Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Sections 13051 and 3054 to the officer designated by CITY. SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may, on request of CITY, bring such an action for collection of costs incurred by CITY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion to CITY its pro -rata proportion of recovery, less the reasonable pro -rata costs including legal fees. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. SECTION X: FACILITY City shall provide Fire Station(s), strategically located to provide standard response time within the City of Temecula from which fire operations shall be conducted. If the Fire Station(s) are owned by the City, the City shall maintain the facilities at its cost and expense. In the event City requests County to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to County through the Support Services Cost Allocation, or as a direct Invoice to the City. SECTION XI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 5 of 9 suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION XII: AUDIT COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. COUNTY and CITY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). /// Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 6 of 9 SECTION XIII: DISPUTES CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposed of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through alternate forms of dispute resolution, including, but not limited to, mediation or non-binding arbitration. The costs associated with the selected form of dispute resolution such as mediation or non-binding arbitration shall be shared equally among the participating parties. If the alternate form of dispute resolution does not resolve the issue(s), the parties reserve the right to seek remedies as provided by law or in equity. Venue for litigation shall be in Riverside County. Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. SECTION XV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92570 CITY OF TEMECULA City Manager City of Temecula 41000 Main Street Temecula, CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 7 of 9 SECTION XVI: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. /// /// /// [Signature Provisions on following page] Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 8 of 9 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: APPROVED AS TO FORM: Susan W. Jones, MMC, City Clerk Peter M. Thorson, City Attorney (SEAL) Dated: COUNTY OF RIVERSIDE ATTEST: KECIA HARPER-IHEM Clerk of the Board By: Deputy (SEAL) By: Chairman, Board of Supervisors APPROVED AS TO FORM: PAMELA J. WALLS, County Counsel By: ERIC STOPHER Deputy County Counsel H:\COOP AGREEMENTS-LEASES-MOU'S\CONTRACT CITIES\TEMECULA - CONTRACT CITY\TEMECULA Cooperative Agreement 010713.doc Cooperative Fire Agreement City of Temecula July 1, 2013 to June 30, 2016 9 of 9 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA PRELIMINARY ESTIMATE DATED MAY 29, 2013 FOR FY 13/14 CAPTAIN'S ENGINEER FF II CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II'S MEDICS TOTALS STA #12 Medic Engine 339,558 2.0 290,419 2.0 248,295 2.0 283,482 2.0 1,161,754 8.o STA #73 Medic Engine 339,558 2.0 145,209 1.0 163,570 1.o 248,295 2.0 283,482 2.0 1,180,114 8.0 (Truck Co.) 509,338 3.0 435,628 3.0 372,442 3.0 425,223 3.0 1,742,631 12.0 STA #84 Medic Engine 339,558 2.0 189,531 1.0 290,419 2.0 248,295 2.0 283,482 2.0 1,351,285 9.0 STA #92 Medic Engine 339,558 2.0 145,209 1.0 163,570 1.o 248,295 2.0 283,482 2.o 1,180,114 8.o Fixed Relief 169,779 1.0 163,570 1.0 124,147 1.o 141,741 1.o 599,237 4.0 Vac. Relief- Engine 169,779 1.0 145,209 1.0 327,139 2.o 248,295 2.0 141,741 1.o 1,032,164 7.0 SUBTOTALS 2,207,130 189,531 1,452,094 817,849 1,738,062 1,842,634 8,247,301 SUBTOTAL STAFF 13 1 10 5 14 13 56 DIVISION CHIEF 249,776 each 249,776 1.0 BATTALION CHIEF 234,458 each 234,458 1.0 DEPUTY FIRE MARSHAL 143,267 each 143,267 1.o FIRE SAFETY SUPERVISOR (PCN 110077) 127,015 each 127,015 1.0 FIRE SAFETY SPECIALIST (PCN 6966) 118,433 each 118,433 1.0 FIRE SYSTEMS INSPECTOR (PCNs 6977, 51714) 101,475 each 0 0.0 SUBTOTAL $872,948 61.o ESTIMATED SUPPORT SERVICES Administrative/Operational 14,600 per assigned Staff ** 846,800 58.00 Volunteer Program 8,432 Per Entity Allocation 8,432 1.o Medic Program Medic FTE/Defib Basis 111,273 19.o Fleet Support 35,380 per Fire Suppression Equip 176,900 5.0 ECC Support Calls/Station Basis 199,455 Comm/IT Support Calls/Station Basis 399,980 Hazmat Support 36,583 SUPPORT SERVICES SUBTOTAL 1,779,423 ESTIMATED DIRECT CHARGES 58,243 FIRE ENGINE USE AGREEMENT TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET * TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET * STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU 5,552,567 910,900 TOTAL TAX FUNDING 6,463,467 SUPPORT SERVICES Administrative & Operational Services Finance Procurement Training Emergency Services Data Processing Fire Fighting Equip. Accounting Office Supplies/Equip. Personnel Exhibit "A" City of Temecula Page 1 of 2 23,200 each engine 116,000 5 $11,073,915 (6,463,467) 4,610,448 58.00 Assigned Staff 0.0 Battalion Chief Support 58.00 Total Assigned Staff 3.5 Fire Stations 7,026 Number of Calls 19 Assigned Medic FTE 6 Monitors/Defibs 3.5 Hazmat Stations 20 Number of Hazmat Calls 61.00 Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 13/14 POSITION SALARIES TOP STEP 253,131 249,776 234,458 169,779 189,531 145,209 163,570 124,147 141,741 127,015 118,433 101,475 56,023 66,145 143,267 DEPUTY CHIEF DIV CHIEF BAT CHIEF CAPT CAPT MEDIC ENG ENG/MEDIC FF II FF II/MEDIC FIRE SAFETY SUPERVISOR FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR OFFICE ASSISTANT III SECRETARY I DEPUTY FIRE MARSHAL FY 13/14 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 520300 Pager Service 520320 Telephone Service 520800 Household Expense 520805 Appliances Cleaning and 520815 Custodial Supp 520830 Laundry Services 520840 Household Furnishings 520845 Trash 521380 Maint-Copier Machines 521440 Maint-Kitchen Equipment Maint-Office 521540 Equipment 521600 Maint-Service Contracts 521660 Maint-Telephone 521680 Maint-Underground Tanks 522310 Maint-Building and Improvement 522360 Maint-Extermination 522860 Medical -Dental Supplies 522870 Other Medical Care Materials 522890 Pharmaceuticals 523220 Licenses And Permits 523680 Office Equip Non Fixed Assets 526700 Rent -Lease Bldgs 526940 Locks/Keys 527280 Awards/Recognition 529500 Electricity 529510 Heating Fuel 529550 Water 537240 Interfnd Exp -Utilities 542060 Improvements -Building Exhibit "A" City of Temecula Page 2 of 2 23,200 FIRE ENGINE 14,600 SRVDEL 8,432 VOL DEL 5,571 MEDIC FTE 904 MEDIC MONITORS/DEFIBS REPLACEMENT 63,943 BATT DEL 11,559 ECC STATION 22.63 ECC CALLS 35,380 FLEET SUPPORT 23,183 COMM/IT STATION 45.38 COMM/IT CALLS 2,023 FACILITY STATION 567.53 FACILITY FTE 2,527 HAZMAT STATION 1,298.84 HAZMAT CALLS 1,761 HAZMAT VEHICLE REPLACEMENT EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED NOVEMBER 12, 2013 PAYMENT FOR SERVICES ADDITIONAL TERMS COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 30, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in July The claims shall be for 25% of the estimated costs of services after any deduction for fire taxes, with final reconciliation to actual costs resulting in an additional claim or refund to CITY, the subsequent quarter with the final reconciliation in August. CITY shall pay each claim within 30 days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services. Exhibit "B" CITY OF TEMECULA EXHIBIT "C" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED NOVEMBER 12, 2013 PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 12 Engine 12, RCO No. 12-820 Station 73 Engine 73, RCO No. 07-813 Station 84 Engine 84, RCO No. 08-870 Station 92 Engine 92, RCO No. 08-869 Station 95 Engine 95, RCO No. 08-818 $ 23,200.00 $ 23,200.00 $ 23,200.00 $ 23,200.00 $ 23,200.00 $116,000.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY. Exhibit "C" CITY OF TEMECULA Page 1 of 2 This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable. The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, survey the old fire engine(s). The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $464,000.00. If this Agreement is entered into mid -year, the annual cost will be prorated accordingly. Exhibit "C" CITY OF TEMECULA Page 2 of 2 Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: November 12, 2013 SUBJECT: Agreement to provide Consulting Services related to the preparation of Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan PREPARED BY: Katie Innes, Associate Planner RECOMMENDATION: Approve a Professional Services Agreement with Inland Planning + Design, Inc., in the amount of $39,000, for services related to the preparation of Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan. BACKGROUND: The Uptown Jefferson Specific Plan area encompass nearly560 acres and is bound by Cherry Street to the north, Murrieta Creek/Diaz Road to the west, Rancho California Road to the south and Intestate 15 to the east. The preparation of the Uptown Jefferson Specific Plan is currently underway. The attached one-year agreement is for Inland Planning + Design, Inc. to provide professional planning and consulting services for the preparation of comprehensive Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan. In order to assist staff with these activities, Inland Planning and Design, Inc. will provide professional planning consulting services, consistent with the Scope of Work, which is summarized below: • Develop and prepare Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan, including design guidelines for building form and massing, frontage types, building types, architectural styles and building materials, blocks, streets and alleys, subdivisions, public realm and site planning. • Prepare all plans, elevations, sections, isometrics, photos and text, as needed, for the design guidelines sections outlined above. FISCAL IMPACT: Funds in the amount of $39,000 for the planning consulting services to be provided by Inland Planning + Design, Inc. for the preparation of Urban/Architectural Design Guidelines for the Uptown Jefferson Specific Plan have been budgeted for in account number 001.161.999.5248 (consulting services) in the Fiscal Year 2013-14 Planning Department Operating Budget. ATTACHMENTS: Professional Services Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND INLAND PLANNING + DESIGN UPTOWN JEFFERSON SPECIFIC PLAN URBAN/ARCHITECTURAL DESIGN GUIDELINES THIS AGREEMENT is made and effective as of November 12, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Inland Planning and Design Inc., 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 November 12, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 12, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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 Thirty -Nine Thousand Dollars and No Cents ($39,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall 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. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Inland Planning + Design, Inc. Attn: Frank Miller 930 Cornell Court Madison, WI 53705 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INLAND PLANNING + DESIGN (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Frank Miller, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Jane Grabowski -Miller, Vice President Inland Planning + Design Attn: Frank Miller 930 Cornell Court Madison, WI 53705 Phone: (608) 332-8832 1 Fax: (608) 218-6246 E-mail: Frank26954@gmail.com PM Initials: n Q Date: 1/ /� EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Preparation of Design Guidelines for Uptown Jefferson Corridor Specific Plan TASKS TO BE PERFORMED BY CONSULTANT: Task One: Design Guideline Content In collaboration with and as directed by City staff, this task includes the work listed below. Communication with City staff will occur via phone conferences, the City's ftp site, and e-mail. • Review existing General Plan 5 hours • Review the current status of the Jefferson Avenue Specific Plan 5 hours • Review recommendations by other consultants regarding a) traffic/ circulation/parking and the b) market potential for office and retail 5 hours • Review utility infrastructure of the Jefferson Corridor (storm water, sanitary sewer, water, electric, gas, voice/data) 5 hours • Develop building form and massing guidelines in cooperation with City staff 10 hours • Prepare building frontage/public realm guidelines 10 hours • Prepare architectural design guidelines 10 hours • Prepare building material guidelines 10 hours • Prepare block, alley and street design guidelines 10 hours • Prepare Urban subdivision guidelines 10 hours • Frontage Type Standards 10 hours • Prepare all plans, elevations, sections, isometrics, photos and text for the design guidelines sections outlined above 20 hours Total hours for Task 1 110 hours Time Frame for Task 1: October 1, 2013 through December 31, 2013: schedule of work to be determined by City staff. Task Two: Preparation of graphics and illustrations as needed for the following City - prepared elements of the Specific Plan: In collaboration with and as directed by City staff, this task includes the work listed below. Communication with City staff will occur via phone conferences, the City's ftp site, and e-mail. • Parking lot guidelines 15 hours • Urban landscape guidelines 15 hours • Public art design guidelines 5 hours • Outdoor dining/sidewalk furniture design guidelines 10 hours • Paving material guidelines 10 hours • Streetscape guidelines 15 hours • Utility and infrastructure guidelines 15 hours Total hours for Task 2 85 hours Time Frame for Task 2: October 1, 2013 through December 31, 2013: schedule of work to be determined by City staff. EXHIBIT B PAYMENT RATES AND SCHEDULE IPD's proposed fee for the above consulting services is $39,000, inclusive of all direct costs for document reproduction, not to exceed 10% of the total contract amount. The schedule of fees and allocation of costs per task is shown below. Hourly rates area as follows: Frank Miller: Jane Grabowski -Miller: $200.00/hr. $200.00/hr. Task 1: Prepare Design Guideline Content and Graphics. Estimated allocation of hours: Frank Miller: 84 hours @ $200.00/hr. Jane Grabowski -Miller: 24 hours @ $200.00/hr. Subtotal: 110 hours @ $200/hr.= $ 17,000 $ 5000 $ 22,000 Task 2: Preparation of graphics and illustrations for City -prepared elements of the Specific Plan. Estimated allocation of hours: Frank Miller: 75 hours @ $200.00/hr. Jane Grabowski -Miller: 10 hours @ $200.00/hr. Subtotal: 85 hours @ $200/hr.= $ 12,375 $ 13,500 $ 17,000 Total Contract: 195 hours $200 /hr = $ 39,000 Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: November 12, 2013 SUBJECT: Extension of the 6th Street Promissory Note between the City of Temecula and the Successor Agency to the Temecula Redevelopment Agency PREPARED BY: Luke Watson, Senior Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6TH STREET PROMISSORY NOTE BACKGROUND: On December 10, 1991, the City Council authorized the purchase of a 1.4 acre site located at the northeast corner of Old Town Front Street and 6th Street in Old Town. The total acquisition cost of the site was $918,171. On March 12, 1996, the property was conveyed from the City to the former Temecula Redevelopment Agency in consideration of a Promissory Note (Note) in the amount equal to the acquisition cost of $918,171. Upon taking ownership of the site the former Redevelopment Agency developed the easterly portion of the site as public parking lot. The western portion of the site was leased and developed as a restaurant and greyhound bus transit center. The Note was extended by the City and former Redevelopment Agency on April 23, 2002 and again on December 16, 2008. The current note is set to expire December 16, 2013. Due to the passage of ABX1 26 and AB 1484, the Temecula Redevelopment Agency was dissolved and the Successor Agency to the Temecula Redevelopment Agency (SARDA) created to manage the ongoing obligations of the former Redevelopment Agency. Provisions of ABX1 26 and AB 1484 prohibited SARDA from making the payments required by the Note. ABX1 26 and AB 1484 mandated that the SARDA meet certain obligations before the Note could be placed on the Recognized Obligation Payment Schedule (ROPS) for repayment. These obligations included completing the Due Diligence Review and receiving a Finding of Completion. SARDA has fulfilled those obligations and received authorization from the California State Department of Finance (DOF) to place the Note onto the ROPS for repayment. Staff is recommending a five-year extension of the Note. FISCAL IMPACT: The original terms of the Note included a simple interest rate of 5% annually. ABX1 26 and AB 1484 mandated that the interest rate of loans between former Redevelopment Agencies and their sponsoring entities be recalculated based on the interest rate of return being offered by the State of California's Local Agency Investment Fund (LAIF) over the time period that loans were in effect. Since the Note was entered into in 1996, Staff has recalculated the accrued interest based on the quarterly interest rate of return offered by LAIF from the third quarter of 1996 up to the current date. Based on this recalculation of accrued interest the total outstanding balance of the Note is now $723,118. In the absence of the requirement to recalculate the accrued interest the total outstanding balance of the Note to date would have been $1,287,713. The recalculation represents a $564,595 reduction in the balance of the Note. Further requirements of ABX1 26 and AB 1484 stipulate that before any repayment of the Note can be made by the former Redevelopment Agency to the City, the Successor Agency must first apply Note payments to repay the balance of the Special Education Revenue Augmentation Fund (SERAF) loan made by the Affordable Housing Fund (165). The total amount of the loan made by the Affordable Housing Fund for the SERAF payment is $5,250,954. Therefore, because the SERAF loan balance exceeds the outstanding balance of the Note, all funds received by the SARDA for the Note via the property tax trust fund, will be used to pay back the Affordable Housing Fund. The Note has been placed on the ROPS for the period of January 1, 2014 through June 30, 2014. Staff anticipates that SARDA will receive sufficient property tax trust funds over the next three ROPS periods to pay off the outstanding balance of the Note. ATTACHMENTS: 1. Resolution 2. Promissory Note 3. California State Department of Finance Finding of Completion Letter dated April 26, 2013 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6TH STREET PROMISSORY NOTE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds determines and declares as follows: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently E. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. F. The City acquired the property generally located at 6th Street and Front Street, APN 922-023-021 (the "Property") and conveyed the property to the former Temecula Redevelopment Agency. G. The former Temecula Redevelopment Agency approved a five-year Promissory Note on March 12, 1996. H. The former Temecula Redevelopment Agency approved a five-year extension on April 23, 2002. I. The Property has been developed for redevelopment purposes. J. The Successor Agency received a Finding of Completion from the California State Department of Finance on April 26, 2013. K. The 6th Street Promissory Note has been placed on the Recognized Obligation Schedule for the period of January 1, 2014 through June 30, 2014. J. Accordingly the Council desires to adopt this Resolution approving the extension of the 6th Street Promissory Note. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34191. Section 3. The Council hereby approves the 6th Street Promissory Note originally dated March 12, 1996 and approves the revised Promissory Note in the form attached hereto as Exhibit A, extending the Note to December 16, 2018. Section 4. The City Clerk shall certify the adoption of this Resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PROMISSORY NOTE The Redevelopment Agency of the City of Temecula originally executed this Promissory Note on April 23, 2002 and used the funds for redevelopment purposes. This term of this Promissory Note has been extended by the parties through December 16, 2013. The parties have agreed to: (1) further extend the Promissory Note through December 16, 2018, (2) make revisions to the terms as required by the provisions of ABX1 26 and AB 1484, including Health and Safety Code Section 34191.4; and (3) recognize that the Successor Agency to the Temecula Redevelopment Agency has assumed the Promissory Note by operation of law. Therefore, the Promissory Note is hereby amended and restated to read as follows: "The Successor Agency to the Temecula Redevelopment Agency ("Agency") hereby promises, for consideration revived, to pay the City of Temecula ("City") the sum of Seven Hundred Twenty Three Thousand One Hundred Eighteen Dollars and No/100 ($723,118) bearing interest at the average rate offered by the California Local Agency's Investment fund in each corresponding quarter during the term of the Promissory Note. This Note and all accrued interest from March 12, 1996 shall be due and payable December 16, 2018 as extended by mutual written agreement of the City and the Agency. The Agency may make partial payments or repay the amount of the Note in full prior to the due date without penalty." This amended and restated Promissory Note is made as of November 12, 2013 at Temecula California. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Michael S. Naggar Chairperson ATTEST: Susan W. Jones, MMC Agency Secretary/ City Clerk Peter M. Thorson Agency Counsel EKY CAN •s Y w flll' n 4 M DEPARTMENT OF C'gLiFDR�,P F I N A N C E April 26, 2013 EDMUND G. BROWN JR. ■ GOVERNOR Mr. Luke Watson, Senior Planner City of Temecula 41000 Main Street Temecula, CA 92589 915 L STET M SACF2AMENTO CA r 95814"37O • WWW.DOP.CA.13OV Dear Mr. Watson: Subject: Request for a Finding of Completion The California Department of Finance (Finance) has completed the Finding of Completion for the City of Temecula Successor Agency. Finance has completed its review of your documentation, which may have included reviewing supporting documentation submitted to substantiate payment or obtaining confirmation from the county auditor - controller. Pursuant to Health and Safety Code (HSC) section 34179.7, we are pleased to inform you that Finance has verified that the Agency has made full payment of the amounts determined under HSC section 34179.6, subdivisions (d) or (e) and HSC section 34183.5. This letter serves as notification that a Finding of Completion has been granted. The Agency may now do the following: • Place loan agreements between the former redevelopment agency and sponsoring entity on the ROPS, as an enforceable obligation, provided the oversight board makes a finding that the loan was for legitimate redevelopment purposes per HSC section 34191.4 (b) (1). Loan repayments will be governed by criteria in HSC section 34191.4 (a) (2). • Utilize proceeds derived from bonds issued prior to January 1, 2011 in a manner consistent with the original bond covenants per HSC section 34191.4 (c). Additionally, the Agency is required to submit a Long -Range Property Management Plan to Finance for review and approval, per HSC section 34191.5 (b), within six months from the date of this letter. Please direct inquiries to Andrea Schutter, Staff Finance Budget Analyst, or Chris Hill, Principal Program Budget Analyst, at (916) 445-1546. Sincerely, STEVE SZALAY Local Government Consultant cc: Mr. Rudy Graciano, Revenue Manager, City of Temecula Ms. Pam Elias, Chief Accountant Property Tax Division, Riverside County Auditor -Controller California State Controller's Office Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: November 12, 2013 SUBJECT: An application with the California Energy Commission to provide technical assistance for a comprehensive energy audit of City facilities PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO PREPARE, SUBMIT, AND EXECUTE ALL AGREEMENTS AND ANY AMENDMENT FOR AN APPLICATION FOR TECHNICAL ASSISTANCE FROM THE CALIFORNIA ENERGY COMMISSION ENERGY PARTNERSHIP PROGRAM BACKGROUND: The California Energy Commission (CEC) issued a Notice of Reopening of the Technical Assistance Program on November 8, 2012 announcing available funding. The CEC Energy Partnership provides a wide range of technical assistance to local governments and public institutions, including performing energy audits, reviewing existing proposals and designs, and developing equipment performance specifications. The City of Temecula has successfully completed energy efficiency projects at City facilities by implementing lighting retrofits, installing occupancy sensors and energy management systems, and integrating energy efficiency upgrades into facility rehabilitation projects. The energy efficiency projects completed in 2012 resulted in an estimated $100,000 in utility cost savings to the City. However, additional energy efficiency projects are needed at City facilities. In order to identify deeper energy savings, more comprehensive energy audits are necessary. Staff intends to leverage technical assistance from Southern California Edison and Southern California Gas provided through the Western Riverside Energy Leadership Partnership with the CEC Technical Assistance Program to perform a comprehensive energy audit or retro commissioning audit of the City's library. A retro commissioning audit is a process that seeks to improve how the building's equipment and systems function together by identifying solutions to problems that may have occurred during design, construction, or which develop throughout the building's useful life. In effect, retro commission improves a building's operations and maintenance procedures to enhance overall building performance that result in utility cost savings. The library is one of the City's high energy users and is an ideal candidate for a retro commissioning audit, which will identify measures to achieve additional energy savings. FISCAL IMPACT: None. The CEC Technical Assistance Program will provide up to $20,000 in technical assistance. The application for the CEC Technical Assistance Program has no match requirement; therefore, there will be no impact to the City's General Fund. ATTACHMENTS: Resolution RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO PREPARE, SUBMIT, AND EXECUTE ALL AGREEMENTS AND ANY AMENDMENT FOR AN APPLICATION FOR TECHNICAL ASSISTANCE FROM THE CALIFORNIA ENERGY COMMISSION ENERGY PARTNERSHIP PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The California Energy Commission Energy Partnership Program provides technical assistance in identifying energy efficiency improvements. Section 2. The City Council recognizes that the California Energy Commission has limited funds for technical assistance and that primary consideration will be given to those that are committed to implementing the recommended projects identified through the Energy Partnership Program. Section 3. The California Energy Commission encourages cities that receive technical assistance to seek funding opportunities, if necessary, to implement recommended feasible energy efficiency projects that are identified through the Energy Partnership Program. Section 4. On June 25, 2013, the City Council adopted the Temecula Energy Efficiency and Asset Management Fund, which supports ongoing energy efficiency projects at City facilities, which can be used to implement energy efficiency measures identified as a result of the technical assistance provided to the City from the California Energy Commission. Section 5. The City Council authorizes the City Manager or his designee to prepare, submit, and execute any and all agreements and amendments for an application for Technical Assistance from the California Energy Commission Energy Partnership Program. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day November of, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: November 12, 2013 SUBJECT: Entitlement Processing Agreement with Temecula West Village for the Village West Project (at the request of Subcommittee Members Mike Naggar and Jeff Comerchero) PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: Approve the Entitlement Processing Agreement with Temecula West Village for the Village West Project. BACKGROUND: Ambient Communities (Developer) is proposing a mixed use development on approximately 270 acres west of Old Town comprising of residential single family and multi -family units, retail -commercial uses, open space uses, and institutional uses. The proposed project will include the following extensive and complex land use entitlements for the property: 1. General Plan Amendment; 2. Specific Plan; 3. Subdivision Maps; 4. Development Agreement; 5. Any other entitlements necessary to entitle the proposed development; and an 6. Environment Impact Report (EIR) The City's fee schedule does not allow the City to fully recover the costs to process the proposed entitlement. Therefore, in an effort to provide an efficient and detailed review of the project applications, the Developer has agreed to fund the City's expenses in processing the entitlements. The preliminary cost estimate is $344,258, which is exclusive of the environmental documentation costs such as an Environmental Impact Report, or Environmental Impact Statement. The agreement covers the cost to the City of employing one full time Associate Planner and one full time Associate Engineer, including fully burdened benefits in addition to any other City staff which may be involved in the review of the entitlement applications. The estimated amount will be deposited in three payments and held in a single purpose trust account, according to specific milestones. The first third shall be deposited concurrently with the filing of a formal application for some or all of the proposed entitlements. The second third shall be paid prior to execution of the contract of the Environmental Impact Report. The final third shall be deposited prior to release of the draft EIR for public review. Any costs above the estimate will be paid by the Developer after a written request from the Director of Community Development. If the amount of the actual costs incurred by the City is less than the amount of the deposit, the City shall refund the difference, without interest, within ten working days following the City Council's final decision on the proposed entitlements. In the event the Developer does not make the deposits described in this Agreement, the City Manager may temporarily cease processing the applications until the Developer has made the required deposit. The Developer further understands and agrees that, in the context of the processing the land use entitlements of the property, the City cannot guarantee the ultimate outcome of any public hearings before the Planning Commission or City Council, nor prevent any opposition to the project. FISCAL IMPACT: None. All costs to be incurred by the Applicant. ATTACHMENTS: Entitlement Processing Agreement ENTITLEMENT PROCESSING AGREEMENT FOR VILLAGE WEST PROJECT IN TEMECULA THIS ENTITLEMENT PROCESSING AGREEMENT (the "Agreement") is made and entered into as of November 12 2013 by and between the City of Temecula (the "City") and Temecula West Village, a Delaware limited liability company ("Developer"). In consideration of the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. THIS AGREEMENT IS MADE WITH RESPECT TO THE FOLLOWING FACTS AND PURPOSES, WHICH THE PARTIES ACKNOWLEDGE TO BE TRUE AND CORRECT: A. The property that is the subject of this Agreement is generally described as approximately 270.6 acres of property in the City of Temecula west of the Old Town Area as generally shown on the map and list of assessor parcel numbers attached hereto as Exhibit A. ("Property"). The Property is owned or controlled under Option Agreement by the Developer. B. Developer is proposing a mixed use development on the Property generally comprising residential single family and multi -family units, retail -commercial uses, open space uses, and institutional uses. C. Developer has requested the City to consider and approve the following extensive and complex land use entitlements for the Property: (1) Amendment to the Temecula General Plan; (2) specific plan; (3) planned development ordinance; (4) subdivision maps; (5) development agreement; (4) such other and further entitlements as may be necessary to entitle the proposed development; and (5) an environmental impact report analyzing the impact of the proposed entitlements ("Proposed Entitlements"). D. The City's schedule of processing fees for the types of approvals sought by the Proposed Entitlements does not specifically cover the work by the City required to process the Proposed Entitlements. E. City and Developer desire to fund the City's costs in processing the Proposed Entitlements through the Developer's payment to the City of the City's actual expenses in processing the Proposed Entitlements. F. In addition to providing for the actual payment of the City's costs in processing the Proposed Entitlements, this Agreement will enable the City to devote sufficient staff to the processing of the Proposed Entitlements to provide efficient and detailed review of the Proposed Land Use Entitlements. 2. PROCESSING OF PROPOSED ENTITLEMENTS. CITY SHALL DILIGENTLY AND IN GOOD FAITH PROCESS THE PROPOSED ENTITLEMENTS IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS. A. Developer acknowledges and agrees that the Planning Director, Planning Commission, and City Council, as applicable, shall exercise their full discretion in processing, approving, conditionally approving or denying the Proposed Entitlements and that nothing in this Agreement is intended to, nor shall it be construed to, limit in any way the full exercise of the decisions to be made by the Planning Director, Planning Commission, or City Council, as applicable on the Proposed Entitlements. B. Developer further understands and agrees that, in the context of processing the land use entitlements for the Property, the City cannot guarantee the ultimate outcome of any public hearings before the Planning Commission or the City Council, nor prevent any opposition to proposed entitlements by members of the public affected by or interested in the eventual entitlements. C. Developer further understands and agrees that entitlements for the Property will involve the exercise of the City's police power and that the City may not contract away its right to exercise its police power in the future except under limited circumstances. Therefore, nothing in this Agreement is intended, nor shall any part hereof be construed, as any approval or commitment of the City Council for any land use entitlements for the Property. 3. DEVELOPER PAYMENT OF CITY COSTS FOR PROCESSING OF THE PROPOSED LAND USE ENTITLEMENTS. A. In consideration for the processing of the entitlements for the Scope of Proposed Entitlements, Developer shall pay to the City the City's actual costs for the processing of the Proposed Land Use Entitlements as further described in this Paragraph. B. City shall not charge any other processing fees for the Proposed Entitlements except for the conveyance of the City Property, provided however, that nothing herein is intended nor shall it be construed to exempt Developer from its obligations to pay development the impact fees set or such impact fees as required by governmental entities other than the City. C. Developer acknowledges and agrees that in processing the Proposed Entitlements the City will incur the following expenses for the Proposed Entitlements with respect to the processing of the Proposed Entitlements from receipt through approval, conditional approval, or denial by the Planning Director, Planning Commission or City Council, as applicable, and any appeal that may be made to such bodies ("Expenses"): 1) To the extent they are working on the Proposed Entitlements, the costs to the City of employing one full-time Associate Planner and one full-time Associate Engineer, or any combination thereof, including the fully burdened benefits associated with these positions in accordance with the billing rates set forth in Exhibit C; 2) To the extent they are working on the Proposed Entitlements, the actual costs of any City employees, other than the Dedicated Staff, who work on the Proposed entitlements, including the fully burdened benefits associated with these employee positions, that will be billed in increments of fifteen (15) minutes for their actual time spent in working on the proposed entitlements in accordance with the billing rates set forth in Exhibit BThese billing rates will be adjusted annually to reflect the percentage changes of salary ranges and benefits; 3) The actual fees and expenses of any consultants as may be retained by the City, with the approval of Developer, which approval shall not be unreasonably withheld, in connection with the processing Proposed Entitlements, including, but not limited to, architects, engineers, environmental consultants (cost of CEQA and or NEPA documentation), legal counsel, the costs of any required notices relating to the Proposed Entitlements, including but not limited to, property owner reports, legal advertising, mailing expenses, posting expenses, and similar costs; 4) Copying and reprographic charges; 5) The accountings provided in Paragraph 5; and 6) Any and all other actual costs and expenses incurred with respect to the processing of the Proposed Land Use Entitlements. D. City shall employ one additional planner and one additional engineer to be dedicated to the processing of the Proposed Entitlements ("Dedicated Staff") provided, however, that the City Manager (i) shall provide a list of employees of the City may work on the Project, and (ii) shall determine after notice and discussion with Developer, in his sole discretion, which employees of the City shall be dedicated to the processing of the Proposed Entitlements. The Dedicated Staff and any other employees of the City who process the Proposed Entitlments shall not bill time to the Project until Developer has made a formal submittal of the Project with the City. 4. DEPOSIT OF FUNDS FOR EXPENSES A. The cost of pre -application review and comment by the City shall be uncharged pursuant to the current submittal fee schedule with the City. The preliminary estimated cost of the Expenses for processing the Proposed Entitlements is $344,258.00 a detailed list of the Expenses is attached hereto as Exhibit C which is exclusive of all environmental documentation costs (Environmental Impact Reports, Environmental Impact Statements, etc. and all studies related to preparing these documents. The deposit shall be held in a single purpose trust account of the City designated for the Project (the "Project Bank Account"). Concurrently with the filing of a Formal Application submittal for some or all of the Proposed Entitlements, Developer shall deposit one third of the estimated a portion of the total Expenses estimated to process the Proposed Entitlements. Prior to executing the contract for the project Environmental Impact Report, the Developer shall (i) deposit the second one third of the Expenses, and (ii) the cost of the preparation of the Environmental Impact Report for the Project, which shall be determined through a competitive Request for Proposal process established by the City's adopted Environmental Guidelines. Prior to release of the Draft Environmental Impact Report for public review, the Developer shall deposit the remaining third of the Expenses. B. If the Director of Community Development determines after discussion with the Developer that the amount of the actual costs incurred by the City for the Expenses will be more than the amount of the deposit, the Developer shall transfer to City or City's bank, such amounts as the Director of Community Development determines necessary for the cover the difference in costs within fifteen (15) business days of a written request from the Director of Community Development . C. If the amount of the actual costs incurred by the City is less than the amount of the deposit, then the City shall refund the difference to the Developer, without interest, within ten (10) working days following (1) City Council's final decision on all of the Proposed Entitlements and (2) either the expiration of the statute of limitations to challenge the City Council's final decision without the filing of litigation or, if litigation is filed, the date the litigation is final and all applicable appeals periods have expired without the filing of an appeal. In the event Developer does not make the deposits described in this Agreement in the times required by this Agreement, City Manager may, at his discretion, temporarily cease processing the applications for the Proposed Land Use Entitlements until Developer has made the required Deposit. D. The City shall be entitled to withdraw funds from the Project Trust Account to pay expenses on a monthly basis as follows: (i) on the fifteenth of the month, the City shall provide the Developer with a detailed invoice showing the individuals and/or positions who have worked on the Project and time such individuals have worked on the Project during the previous calendar month and (ii) on the 20th of the month, the City shall be entitled to withdraw the invoiced funds from the Project Bank Account. The time to prepare the invoice shall not be a cost of the Project or charged to the Deposit. 5. ACCOUNTING A. Upon request from the Developer, the Director of Community Development or his/her designee shall provide the Developer with a written accounting of moneys expended under this Agreement. B. The cost of providing the accounting under this Section 5 shall be charged against the Deposit as part of the Expenses. No more than one accounting shall be provided in any month.. 6. GENERAL A. 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, FedEx, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the United States Mail as provided above. To City of Temecula 41000 Main Street Temecula, Ca. 92590 Attention: City Manager To Developer: Temecula West Village, LLC 2917 Canon Street San Diego, CA 92106 Attn: Robert Honer B. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. C. Each party acknowledges that this Agreement is valid, binding and enforceable against the party. D. Time is of the essence in this Agreement. E. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, provided that Developer shall notify City of any full or partial assignment of its interest in the property or the Project within five (5) business days following approval of the assignment. F. The City and Developer understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior court, or federal district court with jurisdiction over the City of Temecula. G. The person or persons executing this Agreement on behalf of Developer warrant and represents to the City that he or she has the authority to execute this Agreement on behalf of the Developer and has the authority to bind Developer to the performance of its obligations hereunder. H. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: 1) Exhibit A: Description and Map of Property 2) Exhibit B: Impact Fees not covered by Expenses 3) Exhibit C: Approved Hourly Billing Rate of City Employees. 4) Exhibit D: Breakdown of estimated Proposed Entitlement Expenses. I. Developer may terminate this Agreement at any time by notifying City in writing. Within 10 days after termination by Developer, Developer shall pay any Expenses not covered by any the Deposit with City, or the City shall refund Developer any Deposit in excess of the Expenses. J. This Agreement contains the complete expression of the whole agreement between the parties hereto with respect to the subject matter of this Agreement, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA a municipal corporation Michael S. Naggar Mayor Attest: Susan Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney DB DEVELOPER TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company By: AMBIENT COMMUNITIES, LLC, a California limited liability company Its: Managing Member By: Name: Title: Member By: Name: Title: Member [Two signatures required for Developer or evidence of authority] EXHIBIT A DESCRIPTION AND MAP OF PROPERTY ries asp is ion 4saisSAF. r RM0.me a.(Y FEB g 4u+k - 013 27.47 acres -015 19.67 acres -016 21.03 acres - 044 0.65 acres -045 6.26 acres - 046 4.30 acres - 047 6.25 acres - 048 3.31 acres Total 88.94 acres POR TEM ECU LA RANCHO (POR PAUBA LAND B WATER Cal 794. 0/3-004 940-31 0/3-087 922-2/,2hO2 013-062 pzer "w is S,, S, Or ss, or ASSESSOR'S M4P BK. 940 A:. 3/ RIVERS/0E COUNTY, CAL/7 MB. /1/50750 Pooba Land B Nb,r Co PM /16/69- 75 Ponca/ Mop Na /8254 P.M. 154/65-66 • • • 19626-1 PM /54/75-76• " /51526-2 PM. /58/16- /7 • 23968 HK169/11-13 Parcel Mop No. 23969 ✓4N. /984 so POR TEMECULA RANCHO (POR RANCHO CAL /FORN/A) 922-2/ TR.A. 0/3-004 940-32 - 001 20.58 acres - 002 21.43 acres - 003 20.31 acres - 004 20.86 acres - 005 20.74 acres -006 7.29 acres - 007 14.41 acres Total 125.62 acres ASSESSORS M4P BK 940 f6.32 RIVERS/OE COUNTY, CALIF PM/16/69-78 force/ Mop No. /8254 JAN /984 sc KAP PRIM ITY 15ISASAYED f50A 7[EJGOCT Of IDE DATA SNOW ASSE55R'S PARCEL AMT NIT COWLY .ITR =At LOT-SPUR OR W:l@40C SITE 0121111MCES. FEB 187 -049 54.94 acres Total 54.94 acres /tel 24 J ASSESSOR'S YAP B022 PG.2' Ar,a,aaa Caaalf, Calif. SEN POR.PROTRACTED SEC. 13 T.8S.,R.31N CITY OF TEtECULA I.R.A. 013-004 013-057 013-059 • w1a. iGll 151f •V 55 flus{:. fl*tlOS 18 11/507 SD PALMA LAN) i WATER CO. 16 15/726 SD TONT OF TEIECULA PM 78/5-8 PARCEL MIP NO. 10814 PY 150/49-50 PARCEL WP K. 21592 PN 200/100-101 PARCEL MAP 28627-1 Jar 2007 922-21 00-18 20-22-7 20-50-0 Inco 9S EXHIBIT B APPROVED HOURLY BILLING RATE OF EMPLOYEES Positions Hourly Rate FY13-14 Associate Planner (Primary Staff) $ 73.98 Associate Engineer (Primary Staff) $ 85.23 Senior Planner $ 103.31 Director of Public Works $ 162.42 Director of Community Development $ 156.46 Administrative Assistant $ 52.56 Office Specialist $ 41.30 Accountant $ 72.70 Accounting Specialist $ 50.84 Senior Engineer $ 111.23 Principal Engineer $ 125.74 Development Agreement Specific Plan General Plan Amendment Tentative Tract Map City Managed EIR EXHIBIT C $90,750 $143,465 $10,015 $17,717 $82,311 $344,258 Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: November 12, 2013 SUBJECT: First Amendment to Agreement for Consultant Services with Moffatt & Nichol Engineers for French Valley Parkway Interchange — Phase I, PW07-04 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: Approve the First Amendment to the Agreement for Consultant Services with Moffatt & Nichol Engineers, in the amount of $70,000, for additional engineering and construction support for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04. BACKGROUND: On October 25, 2011, the City Council approved the Agreement for engineering and construction support on a time and materials basis from construction bidding through project closeout. With the extension of the construction term and considerable engineering support required, additional funds are necessary for continued support. The subject amendment includes estimated support costs through the current projected completion date of January 2014. FISCAL IMPACT: The amount of the Agreement is $225,000. With approval of the First Amendment, the resulting Agreement amount will be $295,000. This project is included in the City's Capital Improvement Program, Fiscal Years 2014-18. Adequate funds are available in the project account to fund the increase of $70,000. ATTACHMENTS: 1. First Amendment 2. Project Location 3. Project Description FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MOFFATT & NICHOL ENGINEERS FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS — PHASE I, PW07-04 THIS FIRST AMENDMENT is made and entered into as of November 12, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Moffatt & Nichol Engineers, a California Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 This Amendment is made with the respect to the following facts and purposes: a. On October 25, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services between City of Temecula and Moffatt & Nichol Engineers, French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I, Project No. PW07-04," in the amount of $225,000.00. b. The parties now desire to add scope of work, increase the payment in the amount of $70,000, and to 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: 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 Seventy Thousand Dollars ($70,000) for additional engineering and construction support, for a total Agreement amount of Two Hundred Ninety -Five Thousand Dollars ($295,000). 3. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 1 Mailing and Delivery Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Moffatt & Nichol Engineers (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Perry C. Schacht, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Shing -Ching R. Chan, Senior Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Moffatt & Nichol Engineers Goska Nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 562-308-5353 GNichol@moffattnichol.com 3 PM Initials: D fj p Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 Agreement No. 11-219 FIRST Amendment Attachment A French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I Fee Summary Engineering and Construction Support Services GENERAL The activities described in the Scope of Work for Engineering and Construction Support Services will be performed on a time and materials basis at the direction of the City or its delegate. It is understood that the actual work effort is not known and will be a function of the extent of inquiries, changes, clarifications, etc. that arise. Actual cost shall not exceed the Total Fee. Total Fee for Engineering and Construction Support Services FIRST Amendment $ 70,000 5 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet t000 A 55 33 Capital Improvement Program Fiscal Years 2014-18 FRENCH VALLEY PARKWAY / INTERSTATE 15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE I Circulation Project Project Description: This project includes the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate 15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate 15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate 15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. The project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit / Core Value: This project improves traffic circulation by providing another southbound off -ramp from Interstate 15, and adds a lane to the Interstate 15 southbound off -ramp to Winchester. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Construction is estimated to be completed by December 2014. Department: Public Works—Account No. 210.165.719 Level: I Project Cost: Prior Years Actual Expenditures Fiscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Budget Appropriation Projected Projected Projected Projected Cost Administration $ 794,021 $ 120,000 $ 120,000 $ 1,034,021 Acquisition $ 4,957,117 $ 222,595 $ 1,155,483 $ 50,000 $ 6,385,195 Construction $ 5,946,355 $ 9,529,328 $ 568,500 $ 50,000 $16,094,183 Construction $ 444,203 $ 444,203 Engineering $ 1,298,836 $ 1,754,295 $ 51,000 $ 50,000 $ 3,154,131 Design $ 1,945,809 $ 5,538 $ 105,910 $ 100,000 $ 2,157,257 Totals $ 14,942,138 $11,511,756 $ 2,000,893 $370,000 $ - $ - $ - $28,824,787 Fiscal Year Source of Funds: Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost Capital Project Reserves $ 81,672 $ 48,149 $ 120,000 $ 120,000 1 $ 369,821 DIF (Street Improvements) $ 444,203 $ 444,203 Measure A (Local Street and Road) $ 2,869,351 $ 2,869,351 TUMF (CETAP/RCTC)l1> $ 8,424,094 $ 9,751,923 $ 1,723,983 $ 100,000 $20,000,000 TUMF(RCTC)(2) $ 2,462,295 $ 917,112 $ 3,379,407 TUMF (wRcOG)(3) $ 660,523 $ 660,523 TUMF (wRcoG)(4) $ 794,572 $ 156,910 $ 150,000 $ 1,101,482 Total Funding: $ 14,942,138 $11,511,756 $ 2,000,893 $370,000 $ - $ -I' $ - $28,824,787 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 $ $ $ (1) TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No. 11-72-0036-00 in the amount of $20,000,000 to date ($4,700,000 -ROW; $15,300,000 -Construction). (2) TUMF (RCTC) - Regional funding is pursuant to the RCTC Agreement No. 06-72-048-00 for a total of $7,517,000 ($5,517,000 -ROW and $2,000,000- PS&E). Phase I is $1,682,000 -ROW and $203,784-PS&E- See also Phase II. (3) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($108,724-PA&ED; $3,969,296- PS&E) - See also Phase II. (4) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 06 -SW -TEM -1079 for a total of $11,575,000 ($975,752-PA&ED; $8,925,000- PS&E; $1,674,248 -ROW) - See also Phase II. 56 Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: November 12, 2013 SUBJECT: First Amendment to the Professional Services Agreement with Leighton Consulting, Inc. for Roripaugh Ranch Street Improvements — Phase 11, PW09-02 PREPARED BY: David McBride, Senior Engineer RECOMMENDATION: Approve the First Amendment to the Professional Services Agreement with Leighton Consulting, Inc., in the amount of $125,000, for additional services associated with geotechnical, special inspections, and material testing for the Roripaugh Ranch Street Improvements — Phase 11, PW09-02. BACKGROUND: On December 11, 2012, the City Council approved a Professional Services Agreement with Leighton Consulting, Inc. for geotechnical, special inspections, and material testing services on the second phase of the Roripaugh Ranch Street Improvement project in the amount of $195,000, and authorized a contingency of $19,500, which is 10% of the agreement amount. The proposal by Leighton Consulting, Inc. consisted of time estimates for geotechnical, special inspections, and material testing to ensure a safe and high quality project. With approximately 70% of the project complete, it has been determined that additional funding is necessary to complete all of the required services through project completion. The reason for the additional expenses stems from the slow rate of progress during the grading phase of the project, which is by far the largest component of work, and the need for considerably more special inspections to complete two retaining walls. Staff has performed detailed review of services provided by Leighton Consulting, Inc. to date and found their records to be in good order and their methods to be efficient. The additional work is primarily attributable to the means and methods employed by the contractors and their lack of progress on critical project elements. To the extent the Contractor is liable for duplicate or redundant additional service expenses, staff will seek reimbursement. The additional funding will require an amendment to the existing Professional Services Agreement with Leighton Consulting, Inc. FISCAL IMPACT: The geotechnical, materials testing, and special inspection services for Roripaugh Ranch Street Improvements Phase II project is included in the City's Fiscal Years 2013-18 Capital Improvement Program (CIP) budget as the Butterfield State Road Extension. There are sufficient funds within the project account number 210.165.723 for the recommended action. The project is funded with a Community Facilities District (CFD) Roripaugh Ranch proceeds, Reimbursements, and Transportation Uniform Mitigation Fee (TUMF) funds. ATTACHMENTS: 1. First Amendment 2. Project Location 3. Project Description FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE II, PW09-02 THIS FIRST AMENDMENT is made and entered into as of November 12, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On December 11, 2012, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $195,000, plus contingency in the amount of $19,500. b. The parties now desire to increase the payment in the amount of $125,000, and to 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: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed One Hundred Twenty Five Thousand Dollars ($125,000), for additional geotechnical, special inspection, and material testing for a total Agreement amount of Three Hundred Thirty Nine Thousand Five Hundred Dollars ($339,500). 3. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 1 Mailing and Delivery Address: 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. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Leighton Consulting, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: Thomas C. Benson, Jr., President & CEO Susan W. Jones, MMC, City Clerk Terrance M. Brennan, Chief Financial Officer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, CA 92590-5661 (951) 296-0530 (951) 296-0534 rrhia@leightonconsulting.com 3 PM Initials: 11 B Date: I/ BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Location Aerial Data - March 2010 0 5125 1 025 Feet 2,050 51 Capital Improvement Program Fiscal Years 2014-18 M Hbvt adm +.a Wino Country BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Project Description: This project includes the complete design and construction of four lanes on Butterfield Stage Road (from Rancho California Road to Murrieta Hot Springs Road), four lanes on Murrieta Hot Springs Road (from Butterfield Stage Road to the City limits), and two lanes on Calle Chapos (from Butterfield Stage Road to Walcott Road), totaling approximately 3.2 miles of road. Benefit / Core Value: This project improves traffic circulation by providing a crucial north and south arterial road on the eastern side of the City. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. Project Status: Phase II of this project is under construction and is anticipated to be completed by January 2014. Department: Public Works—Account No. 210.165.723 Level: I Project COSI: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation 2014-15 Projected! 2015-16 Projected 2016-17 Projected 2017-18 Projected Total Project Cost Administration $ 983,739 $ 408,721 $ 100,000 $ 1,166,991 $ 1,492,460 Acquisition $ 15,006,728 $ 2,051,352 $17,058,080 Construction $ 5,677,010 $ 16,967,877 $ 1,066,991 $23,711,878 Construction Reimbursement/ Engineering $ 99,745 $ 273,255 $ 265,690 $ 373,000 Design $ 590,124 $ 309,780 $ 899,904 Totals $ 22,357,346 $ 20,010,985 $ 1,166,991 $ - $ - $ - $ - $43,535,322 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Appropriation Projected Projected Projected Projected Cost CFD (Roripaugh Ranch) $20,919,346 $ 19,571,487 $ 1,166,991 $41,657,824 Reimbursement/ Other (Shea Homes) $ 173,808 $ 173,808 Reimbursement/ Other (RCWD) $ 265,690 $ 265,690 TUMF $ 1,438,000 $ 1,438,000 Total Funding: $22,357,346 $20,010,985 $ 1,166,991 $ - $ - $ - $ - $43,535,322 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 $ 18,360 $ 18,727 $ 19,102 $ 19,484 Note: Assumes that only minor right-of-way acquisitions would be necessary and that all major right-of-way dedications are voluntary. 52 Item No. 12 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: November 12, 2013 SUBJECT: Old Town Temecula Community Theater ADA Transition Plan, PW12-04 PREPARED BY: David McBride, Senior Engineer RECOMMENDATION: 1. Approve the ADA Transition Plan for the Old Town Temecula Community Theater; 2. Direct the Building Official to complete plan check and issue construction permits for the Theater Remediation project, without the 39 items identified in the Theater ADA Transition Plan. BACKGROUND: The Americans with Disability Act (ADA) requires that any renovation, structural repair, alteration, or addition to an existing building not decrease accessibility. This requirement is addressed by the City during the building plan check review process, as the applicant is required to undertake a detailed Accessibility Survey whereby all ADA deficiencies are determined. During plan check of the Theater Remediation project, an Accessibility Survey for the Theater was undertaken and 124 non -complying accessibility items were determined. Of those 124 items, 39 were labeled as presenting an unreasonable hardship due to one of the following factors: (1) technical infeasibility; (2) structurally impracticable; (3) undue burden (financial or administrative); or (4) fundamental alteration. The majority of 39 items present a financial burden/hardship to the City; however, ADA regulations are clear that a financial hardship is not disproportionate unless the costs exceed 20% of the cost of project. Of the 124 items identified, we are proposing to address 85 of the items (estimated cost of less than $100,000) as part of the Theater Remediation project. The remaining 39 hardship items have an estimated cost of $610,000 to remediate (20% of the $2.5 million in construction funds equals $500,000). The City's financial hardship determination is supported by the fact that the Theater Remediation project funds are only sufficient in addressing the remediation damages proposed in the project leaving no funding available to address ADA hardship. It should be noted that the majority of the 39 hardship items fail to meet rigid adherence to an ADA standard (i.e., fractional or a small percent from full compliance). The Theater was designed to fully comply with ADA at the time it was designed/constructed (circa 2005), and the City has not been made aware that any one of the 39 hardship items has impacted accessibility to anyone. Failing to fully address the design and construction issues of the remediation project could lead to use of the facility being severely impacted primarily by water damage, and it will certainly result in continued accelerated deterioration of the structures of the Theater complex. We recommend that the hardship items be acknowledged and deferred through the ADA Transition Plan, and that the proposed remediation project and the 85 ADA items be fully funded and constructed. The ADA Transition Plan is essentially a way to record, prioritize, and plan for addressing the 39 hardship items as funding is made available. As additional ADA transition plans are developed for other City facilities and rights of way, these plans can be prioritized in relation to other competing items for funding consideration. The attached ADA Transition Plan for the Old Town Community Theater notes the deficiency, mitigation required, cost to mitigate, and priority (low, medium or high) based primarily on its impact on most people (e.g., a primarily path of travel to the visiting public rates higher). As mentioned earlier, the total estimated cost to address the 39 items identified in the plan is $610,000, and the priority rate totals for the 39 items results are eight high, seven medium, and 24 low. FISCAL IMPACT: Approval of an ADA Transition Plan for the Old Town Temecula Community Theater acknowledges a need to consider $610,000 in funding for the 39 identified non -complying ADA items in future budgets. ATTACHMENTS: 1. Old Town Temecula Community Theater ADA Transition Plan 2. Project Location 3. Project Description Old Town Temecula Theater ADA Transition Plan October 2013 Item Location Review Item No. Specific Item Technical Requirement, ADA Standard & CBC Actual Sections Dimension Mitigation Required Cost to Within Mitigate Construction (construction Zone (Yes or only) No) Priority (low, medium or high) Notes 1 North East Site - adjacent to loading dock 7.6 Clear Width Clear width of 48" required (handrails only may project 4-1/2" from each side). 4.8.3 // 1012.7, 1133.B.5.5 47" width and 40" clear. Provided 48" clear width $ 18,000 Yes (adjacent to exterior siding work) Low Not a primary path of travel (staff and event personnel. 2 Corridor 124 (between adjacent to dance studio) 7.8 Top Landing Top of landing shall be 60" x 60". 4.8.4 // 2233B.5.4.2 58" x 60" Provided 60" x 60" $ 2,800 No Low Not a primary path of travel (staff and event personnel. 3 Corridor 124 (between adjacent to dance studio) 7.13 Landings with Doors Strike edge clearance at door to hall 123 does not comply. 4.8.4 // 11338.5.4.3 not provided provide clearance $ 8,650 No Low Not a primary path of travel (staff and event personnel. 4 Mercantile Building - Interior Stairs 8.3 Risers / treads 11" wide/uniform and riders uniform between 4" and 7". 4.9.2 // 1009.4, 1133.B.4.5.1, 1133.6.4.5.2 10" treads provide 11" treads $ 15,000 No Low Not a primary path of travel (staff and event personnel. 5 Mercantile Building - Interior Stairs 8.7 Continuous handrails Continuous handrails both sides. 4.9.4(1) // 1133.B.4.1.1 Not continuous and not both sides Provide $ 2,500 No Low Not a primary path of travel (staff and event personnel. 6 Theater - interior stairway no. 1 (east side) 8.8 Handrails Handrails continuous on the inside of landings. 4.9.4(1) // 1133.B.4.2.2 Exception 1 Not continuous inside landings Provide $ 2,250 No Low Not a primary path of travel (staff and event personnel. 1 7 Theater Balcony 210 8.9 Handrail Extensions 12" extension top and bottom. 4.9.4(5), (2) // 1133.6.4.2.2 Extensions do not comply Provide $ 5,000 No Medium In audience chamber Theater Stair handrails do not return smoothly to walls - 8 Balcony 210 8.13 Other flat end at bracket. N/A Provide $ 3,500 No Medium In audience chamber Theater Handrail 12" extension top and bottom. 4.9.4(5), (2) // Extensions do 9 Balcony 221 8.9 Extensions 1133.6.4.2.2 not comply Provide $ 5,000 No Medium In audience chamber Theater Stair handrails do not return smoothly to walls - 10 Balcony 221 8.13 Other flat end at bracket. N/A Provide $ 3,500 No Medium In audience chamber Pull Side Depth is less Move column Not a primary path of Orchestra Pit Door Maneuvering 4.13.6 // 1133.B.2.4.2, Fig. than 60" (steel or automatic travel (staff and event 11 00 11.6 Space 11 B-26 column) opener. $ 7,500 No Low personnel. Mercantile Strike Edge is less than 24" and recess is Reconstruct entry to comply Yes (adjacent Building - Main Door Maneuvering 4.13.6 // 1133.6.2.4.2, Fig. greater than or automatic to exterior This is a primary travel 12 Entry 100 11.7 Space 116-26 8". opener. $ 35,000 siding work) High path. Mercantile Strike Edge is less than 24" and recess is Reconstruct entry to comply Yes (adjacent Building - Rear Door Maneuvering 4.13.6 // 1133.B.2.4.2. Fig. greater than or automatic to exterior This is a primary travel _13 Entry/Exit 104 11.6 Space 11B-26 8". opener. $ 3,500 siding work) High path. Mercantile Push Strike = 7-1/2" and Pull Reconstruct entry to comply Yes (adjacent New (Men's Door Maneuvering 4.13.6 // 1133.6.2.4.2, Fig. Depth = 56- or automatic to exterior This is a primary travel 14 Restroom) 107 11.6 Space 11B-26 3/4. opener. $ 2,500 siding work) High path. Mercantile New Push Strike = 8" and Pull Reconstruct entry to comply Yes (adjacent (Women's Door Maneuvering 4.13.6 // 1133.6.2.4.2, Fig. Depth = 59- or automatic to exterior This is a primary travel 15 Restroom) 109 11.6 Space 11B-26 3/8" opener. $ 2,500 siding work) High path. 2 16 Alcove 204 11.6 Door Maneuvering Space 4.13.6 // 1133.6.2.4.2, Fig. 11 B-26 Pull Side Depth is less than 60". Reconstruct door to comply or automatic opener. $ 25,000 No High This is a primary travel path to second floor classrooms. 17 Hall 219 (sidelite) 11.6 Door Maneuvering Space 4.13.6 // 1133.B.2.4.2, Fig. 11B-26 Pull Side Depth is less than 60". Reconstruct door to comply or automatic opener. $ 12,000 No Low Not a primary path of travel (staff and event personnel. 18 Stairway No. 1 interior to sidelite 219 11.6 Door Maneuvering Space 4.13.6 // 1133.B.2.4.2. Fig. 11B-26 Pull Side Depth is less than 60". (Steel column and handrail project into space) Reconstruct door to comply or automatic opener. $ 15,000 No Low Not a primary path of travel (staff and event personnel. 19 Mercantile Box Office (103) 14.28 Fixed Seating. Tables or Counters Public or Employee areas 5% (not less than one) shall have wheelchair accessible space 30" x 48" clear space. 4.1.3(18), 4.32.1 // 1122.B.4, 1125.B.2 Counter does not comply reconstruct counter $ 25,000 No High 20 Mercantile Box Office (103) 14.29 Knee Space 27" high, 30" wide & 19" deep. 4.32.3 // 1122.B.3 Counter does not comply reconstruct counter Included in Item 19 No High 21 Mercantile Box Office (103) storage 14.31 Head Room 80" clear head room. 4.4.2 // 1133.B.8.6.2 Above stair framing near door impeded into 80" space cane detection rail or frame wall. $ 7,500 No Low Not primary (staff only) to storage room. 22 Mercantile Upstairs Office (112) 14.1 Accessible Route 4.1.3(1)a // 1114.B.1.2 Stair only access to office Rename office or provide lift $0 for Storage ($75,000 for lift) No Low Change to non office use? 23 Green Room 131 14.37 Kitchen Sink 27" high, 30" wide, and 19" deep. 4.24.3 // 1115.B.4.7 item 2 10" deep - garbage disposal interferes Remove disposal and reconfigure space. $ 750 No Medium Staff and event personnel 3 24 Classroom 202 14.37 Kitchen Sink 27" high, 30" wide, and 19" deep. 4.24.3 // 1115.6.4.7 item 2 No clear area below sink Provide clear area $ 600 No Medium general use classrooms 25 Audience Chamber 153 15.44A Semi - ambulant Seating 1% of all fixed seats (4) provide 24" clear leg space. 1104.B.3.8 16" space is typical reconstruct and provide $ 12,000 No High In audience chamber 26 Mercantile New (Men's Restroom) 107 16.37 Stall Maneuvering Space side entry 60" x 60" clear space. 1115.B.3.1 item 4.2 59-1/2" x 59- 1/2" reconstruct and provide $ 2,500 No Low 27 Mercantile New (Men's Restroom) 107 16.44 WC Location Centerline of WC 18" from wall or partition. 4.22.4 // 1115.6.4.1 item 1 17-1/2" reconstruct and provide $ 7,500 No Low 28 Mercantile New (Men's Restroom) 107 16 67 Lavatory Rim Height Not higher than 34". 4.19.2 // 1115.8.4.3 item 2 34-1/2" reconstruct and provide $ 5,000 No Low 29 Mercantile New (Women's Restroom) 109 16.67 Lavatory Rim Height Not higher than 34". 4.19.2 // 1115.6.4.3 item 2 34-1/2" reconstruct and provide $ 7,500 No Low 30 Theater - Men's Performance Restroom 128 16.36 Stall Width 60" wide. Fig 30 (a) // 1115.6.3.1 item 4.1 width = 59-1/2" reconstruct and provide $ 5,500 No Low 31 Theater - Men's Performance Restroom 128 16.37 Stall Maneuvering Space side entry 60" x 60" clear space. 1115.B.3.1 item 4.2 59-5/8" x 60" + reconstruct and provide Included in Item 30 No Low 32 Theater - Men's Performance Restroom 128 16.38 Stall Maneuvering Space in swinging side entry door 60" side x 56" deep space for wall mount or 60" x 59" for floor mount WC. Fig. 30 (a-1) // Fig. 11B -1B. width = 59-5/8" reconstruct and provide Included in Item 30 No Low 4 33 Theater - Men's Performance Restroom 128 16.44 WC Location Centerline of WC 18" from wall or partition. 4.22.4 // 1115.6.4.1 item 1 18-1/2" reconstruct and provide $ 7,500 No Low 34 Theater - Women's Performance Restroom 135 16.35 Approach Aisle to Stall swing out door - 60" wide aisle approach. 4.17.5 // 1115.B.3.1 item 4.3 50-1/4" reconstruct and provide $ 100,000 No Medium 35 Theater - Women's Performance Restroom 135 16.39 Stall Maneuvering Space End entry stall door - 60" x 48" clear in front of WC. 1115.6.3.1 item 4.3 46-1/4" x 60" reconstruct and provide Included in Item 34 No Low 36 Theater - Women's Performance Restroom 135 16.44 WC Location Centerline of WC 18" from wall or partition. 4.22.4 // 1115.6.4.1 item 1 19" reconstruct and provide Included in Item 34 No Low 37 Theater - Men's Performance Restroom 128 17.25 Booth/Stall Control Requirements Centerline of valve between 39" and 41" above shower floor. 1115.6.4.4.4 43-1/2" reconstruct and provide $ 20,000 No Low 38 Theater - Women's Performance Restroom 135 17.25 Booth/Stall Control Requirements Centerline of valve between 39" and 41" above shower floor. 1115.6.4.4.4 43-1/2" reconstruct and provide $ 20,000 No Low 39 Star Toilet/Shower Room (139) 17.25 Booth/Stall Control Requirements Centerline of valve between 39" and 41" above shower floor. 1115.6.4.4.4 43-1/2" reconstruct and provide $ 20,000 No Low Construction Subtotal 10% Contingency 39,450 Construction Total $ 450,000 Design 80,000 Admin 80,000 Total Project Estimate $ 610,000 410,550 5 THEATER REMEDIATION Infrastructure / Other Project Location Aerial Data - March 2010 Feet 0 55 110 220 124 2014-15 2016-17 Capital Improvement Program Fiscal Years 2014-18 THEATER REMEDIATION Infrastructure / Other Project Project Description: This project addresses design and construction deficiencies at the Old Town Community Theater primarily related to problems with the exterior cedar siding, decks and exposed timber. Benefit / Core Value: This project minimizes emergency repair costs, prolongs the service life, and corrects design and construction defects at this facility. In addition, this project satisfies the City's Core Value of a Healthy Livable City, and A Safe and Prepared Community. Project Status: The design of the remediation priorities of this project has been initiated. Construction is estimated to be completed by end of fiscal year 2013-14. Department: Public Works—Account No. 210.165.756 Level: 1 Project Cost: Prior Years Actual Expenditures Fiscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 Budget Appropriation Projected Projected 2016-17 Projected 2017-18 Total Project Projected Cost Administration $ 64,361 $ 9,040 $ 70,000 $ 143,401 Construction $ 84,166 $ 444,000 $ 1,929,175 $ 2,373,175 Construction $ 84,166 $ 710,834 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Engineering $ 25,000 $ 50,000 $ 75,000 Design $ 19,805 $ 232,794 $ 35,000 $ 287,599 Totals $ 84,166 $ 710,834 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Budget Appropriation Projected Projected Projected Projected Cost Capital Project Reserves $ 84,166 $ 710,834 $ 2,084,175 $ 2,879,175 Total Funding: $ 84,166 $ 710,834 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Future Operation & Maintenance Costs 2013-14 Note: Settlement funds received in fiscal year ending 2011 for this project. 125 2015-16 2017-18 Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: November 12, 2013 SUBJECT: Temporary Street Closures for 2013 Winterfest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Receive and file the following proposed action by the City Manager to temporarily close certain streets for the following 2013 Winterfest Events: SANTA ARRIVES SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND ICE—AMERICA BACKGROUND: Four special events scheduled during the months of November 2013, December 2013, and January 2014 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. Santa Arrives Santa arrives in Old Town via horse and carriage. The procession will head north on Old Town Front Street from the Stampede parking lot and turn right onto Main Street. A temporary closure of the Main Street "Y" will be required to maintain safety for Santa's arrival. The event will be held on Friday, November 29, 2013, at the Town Square with street closures scheduled as follows: Main Street "Y" — the westerly property line of 41955 Main Street (Temecula Hills Winery at Villa) to Mercedes Street (which will be kept open to through traffic) 7:00 a.m. to 9:00 p.m. on Friday, November 29, 2013 2. Santa's Electric Light Parade The annual Santa's Electric Light Parade event will be held on Friday, December 6, 2013. Traffic will be detoured around the event via Public Works signage and Police personnel. Street closures are scheduled as follows: Del Rio 4:00 p.m. to 10:00 p.m. Las Haciendas 4:00 p.m. to 10:00 p.m. Calle Cortez 4:00 p.m. to 10:00 p.m. Jefferson Avenue — Via Montezuma to Rancho California Road — Southbound closure only 5:00 p.m. to 9:00 p.m. Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, and Main Street— Mercedes Street to Murrieta Creek 6:00 p.m. to 10:00 p.m. Old Town Front Street — Rancho California Road to Santiago Road 6:00 p.m. to 10:00 p.m. Old Town Front Street - Santiago Road to dip at Harley Davidson (28964 Old Town Front Street) 7:00 p.m. to 11:00 p.m. Rancho California Road — Old Town Front Street to Diaz Road 7:00 p.m. to 9:00 p.m. 3. Winter Wonderland The annual Pennypickle's Winter Wonderland event will be held on Friday, December 13, 2013 with street closures scheduled as follows: Main Street — Murrieta Creek to the Old Town Front Street. 8:00 a.m. to 11:00 p.m. on Friday, December 13, 2013 4. Ice -America A temporary ice skating rink will be installed at the Town Square Park for a period of five weeks from Wednesday, December 4, 2013 to Friday, January 10, 2014. It is necessary to close Mercedes Street during this period for the safety and protection of pedestrians crossing Mercedes Street from the parking structures and other parking areas across Mercedes Street. However, Mercedes Street from Fourth Street to Third Street will be opened on Friday, December 6, 2013 from 8:00 a.m. to 11:00 p.m. for the Santa's Electric Light Parade participants. The specific street closures are as follows: Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street December 4, 2013 to January 10, 2014 Mercedes Street — Fourth Street to Third Street (Mercedes Street traffic will be detoured around the event via Third and Fourth Street) December 4, 2013 to January 10, 2014 Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. 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 2013 Winterfest Events are City -sponsored events and support costs are appropriately budgeted within the City's operating budget. ATTACHMENTS: Location Maps for each Event SANTA'S WORKSHOP NOVEMBER 22, 2011 - JANUARY 8, 2012 VICINITY MAP LEGEND WORKSHOP STREET CLOSURE BARRICADE Santa's Electric Light Parade DECEMBER 6, 2013 VICINITY MAP STREET CLOSURES WINTER WONDERLAND (MAIN STREET) DECEMBER 13, 2013 VICINITY MAP STREET CLOSURES ICE AMERICA - 2013 (MAIN STREET AND MERCEDES STREET) DECEMBER 4, 2013 TO JANUARY 10, 2014 VICINITY MAP STREET CLOSURES Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: November 12, 2013 SUBJECT: Agreement with Rancho Ford Lincoln Mercury, Inc. for purchase of a Ford F-350 Truck PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve an Agreement with Rancho Ford Lincoln Mercury, Inc., in the amount of $39,518.41, for the purchase of a Ford F-350 1 Ton HD 4x2 Extended Cab Truck with Service Body and Over Cab Ladder Rack. BACKGROUND: On September 24, 2013, the Public Works Department electronically opened and publicly posted on the City of Temecula's on line bidding service, Planet Bids, a Request for Quotes (RFQ) for the purchase of a 1 Ton HD 4x2 Extended Cab Truck with Service Body and Over Cab Ladder Rack. Four bids, two responsive, were received on or before the October 10, 2013 submission deadline. The solicitation included the City's local preference program; however, it did not impact the award of this purchase. The local vendor is the lowest responsive submission. Final rankings are as follows: 1. Rancho Ford, Temecula $39,518.41 2. Fairview Ford, San Bernardino $39,750.59 3. Frontier Ford, Santa Clara Non - Responsive 4. Raceway Ford, Riverside Non - Responsive Pursuant to the City's purchasing policy, staff recommends authorization of the purchase of a Ford F-350 1 Ton HD 4x2 Extended Cab Truck with Service Body and Over Cab Ladder Rack from Rancho Ford Temecula. FISCAL IMPACT: The purchase amount of the Ford F-350 1 Ton HD 4x2 Extended Cab Truck with Service Body and Over Cab Ladder Rack is included in the Fiscal Year 2013-14 Annual Operating Budget. ATTACHMENT: Agreement AGREEMENT FOR PURCHASE OF EQUIPMENT BETWEEN CITY OF TEMECULA AND RANCHO FORD LINCOLN MERCURY, INC. FORD F-350 1 TON HD 4X2 EXTENDED CAB TRUCK WITH SERVICE BODY AND OVER CAB LADDER RACK THIS AGREEMENT is made and effective as of November 12, 2013, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Rancho Ford Lincoln Mercury, Inc., a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 12, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City a Ford F-350 1 Ton HD 4x2 Extended Cab Truck with Service Body and Over Cab Ladder Rack, as more particularly described in Exhibit A, Description of Equipment / Scope of Work (hereafter "Equipment"), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE PRICE The Purchase Price which City agrees to pay to Vendor for the Equipment is Thirty Nine Thousand Five Hundred Eighteen Dollars and 41 Cents ($39,518.41). The Purchase Price is final and shall be paid by City to Vendor in accordance with the following schedule: 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment is in good operating condition, is free of any defects, and is in conformity with 1 the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Vendor is aware that City is purchasing the Equipment for use City park maintenance division, and that City is relying on the warranties of the Vendor that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before. Within 60 — 90 days of receipt of Purchase Order. 6. PLACE OF DELIVERY The Equipment shall be delivered to the following location: City of Temecula - Field Operations Center (FOC) 43230 Business Park Drive Temecula, CA 92590 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 2 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 11. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and 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 Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: s. Description of Equipment / Scope of Work (from the Request for Quote (RFQ), attached hereto as Exhibit A Response/Quotation to the Request for Quote (RFQ), attached hereto as Exhibit B b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Quote (RFQ) and/or the Vendor's response to the RFQ, this Agreement shall prevail over the RFQ and the Vendor's response to the RFQ. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 3 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 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 Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor's sub -Contractors on this project. Vendor 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. 4 19. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. 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 and Delivery Address: To Consultant: 21. EFFECTS OF HEADINGS City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Rancho Ford Lincoln Mercury, Inc Attn: Robert Gonzalez 26895 Ynez Rd. Temecula, CA 92591 The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor 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. 5 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Rancho Ford Lincoln Mercury, Inc (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Marc Gosch, General Manager/Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR Robert Gonzalez, Sales Manager Rancho Ford Lincoln Mercury, Inc Contact Person: Robert Gonzalez 26895 Ynez Rd. Temecula, CA 92591 Phone Number: (951) 719-8227 Fax Number: (951) 492-4464 rgonzalez@ranchoford.net 7 PM Initials: D g Date: EXHIBIT A DESCRIPTION OF EQUIPMENT and/or SCOPE OF WORK (from RFQ) GENERAL SPECIFICATIONS FOR A 1 -TON HD 4x2 EXTENDED CAB TRUCK WITH SERVICE BODY AND OVER CAB LADDER RACK NUMBER/ITEM DESCRIPTION SPECIFICATION INCLUDED (YES/NO) COMMENTS 1. TYPE 1 Ton HD Truck With Service Body and Ladder Rack and approx. 158" wheel base 4X2 Extended Cab 2. SERVICE BODY CST98 Challenger ST 98 8- Ft Service Bodies or SRW 56CA-98 Long, 79 Wide, 49 Floor Width, 43 Tall Vertical Open Top, or Approved Equal, and Sto — Away Power, 2500 lbs. lifting capacities bumper crane for class 3 receiver hitch 5,000 Ib. or Approval Equal 3. COLOR Exterior Body — White Interior — Cloth seats as supplied with standard package 4. ENGINES 8 Cylinders V8 Minimum 6.0 Liter. High Capacity Air Cleaner and Heavy Duty Battery. 5. WEIGHT Approx.: 8000 to 11000 GVWR 6. FUEL Gasoline Standard 7.TRANSMISSION 4 -speed automatic transmission or greater with Over Drive, Heavy Duty Transmission and Transmission oil cooling 8. ALTERNATOR 175 -amp heavy duty 9. STEERING Power Steering 10. BRAKES Power Brakes 11. AXLES Standard factory package (3:73) 12. INTERIOR As supplied within standard package Power windows and locks on all doors 8 NUMBER/ITEM DESCRIPTION SPECIFICATION INCLUDED (YES/NO) COMMENTS 13. WHEELS Standard to Vehicle proposed — please indicate in comments 14. SPRINGS & SHOCKS Heavy Duty Springs. Heavy Duty Front & Rear Shocks 15.TIRES Steel belted redials, all — season BSW Spare: Full Size to match radials 16. AIR CONDITIONING Factory installed 17. FUEL TANK 28 — US Gallon 18. RADIO AM/FM Stereo with Blue Tooth, 19. KEYS 5 Sets of Vehicle Keys 20. BUMPERS Front and rear steel bumpers painted or as supplied with standard package 21. MIRRORS Left/right side view mirrors electric adjustable — large, tow mirrors that slide out for towing. Rear view mirror - standard 22. ACCESSORIES a. Tow package w/hitch & wiring harness b. 110V inventor with dual batteries 23. REGISTRATION Exempt -Dealer to process all necessary DMV 24. OWNERS MANUAL Operators Manual will be furnished with vehicle upon delivery 25. WARRANTY Factory/dealer warranties will be furnished with vehicle upon delivery 9 EXHIBIT B RESPONSE/QUOTATION TO THE REQUEST FOR PROPOSAL (RFQ) )&\ ,5U tov �cY EXHIBIT "B" VENDOR: -41/4," C r I ro (le ADDRESS: h 9 j Y/J E-7 AE(L l 1 i ( 0 PHONE/FA IS/- ZSZ - Y1/44!) -->s)6=> 1 Y-"1 ! 7 i PN Mart_ C ly 4 1, e.c 6 r t �� AUTHORIZED REP' ENTATIVE. ll SIGNATU �� Rime: rDII/1 COLOR: %l)/1 I Le VEHICLE PRICE: SALES TAX: TOTAL PRICE: MODEL: c ('D YEAR: 2O Imo( Z COSTS STATED WITHIN THE UNIT SALES PRICE ARE ALL-INCLUSIVE FOR SPECIFICATIONS LISTED. SIGNING THIS PROPOSAL GUARANTEES DELIVERY WITHIN 60.90 DAYS OF RECEIPT OF PURCHASE ORDER. Tn ?TO r* J fi]lllJ OU,N11-]l OO7CCCOTf:C &I OC IS L CL6Z5l O ale0 LIL 06.d 88L£6691.S6 wad 10 CC 'CT CT07Jf:TJfAT EXHIBIT "B" GENERAL SPECIFICATIONS FOR : 1 -TON HD 4x2 EXTENDED CAB TRUCK WITH SERVICE BODY AND OVER CAB LADDER RACK NUMBER/ITEM DESCRIPTION SPECIFICATION INCLUDED (YES/NO) COMMENTS 1. TYPE 1 Ton HD Truck With Service Body and Ladder Rack and approx. 158" wheel base 4X2 Extended Cab � l.✓ 2. SERVICE BODY CST98 Challenger ST 98 8- Ft Service Bodies or SRW 56CA-98 Long, 79 Wide, 49 Floor Width, 43 Tall Vertical Open Top, or Approved Equal, and Sto — Away Power, 2500 lbs lifting capacities bumper crane for class 3 receiver hitch 5,000 Ib or Approval Equal ll `i Exterior Body — White 3. COLOR Interior — Cloth seats as supplied with standard package f ,(% d1 8 Cylinders V8 Minimum 6.0 Liter. 4. ENGINES High Capacity Air Cleaner and Heavy Duty Battery. <. Z v`) 5. WEIGHT Approx.: 8000 to 11000 GVWR._I d_ i Gasoline Standard 6. FUEL � {i 4 -speed automatic transmission or 7.TRANSMISSION greater with Over Drive, Heavy Duty Transmission and Transmission oil cooling G.L:.,l? C� ,,, -(;' C 8. ALTERNATOR 175 -amp heavy duty ,i' S 9. STEERING Power Steering 10. BRAKES Power Brakes 11. AXLES Standard factory package (3:73) / 12. INTERIORAs supplied within standard package Power windows and locks on all doors I e f 11 NULIREIRMIEM DESIORIPTIC* , 'OCCEN,Allti* tOC.WDED VICEtffici 1F1Th -1°1. °LH- :- i.!.,' Sudoawl In Venda nrepdaddl- pieat& imdicata in ecownenis .;.. /.. 14. SPR(NGS & SHOOK:5 Plewv Dozy Sp(ings. Heavy Duty FnaLT, & Rao- Stsee0 1-) L .., 15.11A.E.S. Sidel belled redaia, ail - stik&sen SSA' Spam. RA S.a VI iviattn faxlfrats r a t' 16. ALR C...OND!TIONNG Factory instalod ' e _. 17. FUEL TANK 2&:— us &Aim i e 10, R1)9 ..ILMJFM Stow 'offitl %la ard 1ath. i..... Lie .L i .I.K.Eyr.s ,S.Itta al VanZle lcay's i 20. 8LiMPERS Frurrit and r M.!' stela buerpars FrzArlibri .D r AS supplied q.57.41 standard parkaga ,, 21 MIFZRORg Lertt;irjht *de view rax's elecArk aujuNteav - ijogg, VAN. raimrs that ctit for loitnng. Re3.; view EMMY - alWidard 10 . .. 22. ACCES3ORE 2. 'Ton paeliarje Yenitell lL wirin2 harams i. 1 ivy [fluent& with dpai paaarlas x • . ...".• R.Et31--51RAT}ON Eximpixixtrey co Procen 41 rec+35493.7 . . . 24. OWNtgis opeemws kozninii WA tig. kirrOtied Wke, rehid a wen ealivery 'C :" ) 26, WARRANT'f PaelervIdaialar quanraaltaa WM ba fuettOola1 with ve-hk-* twin dative,' 12 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 15 ACTION MINUTES of October 22, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:34 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 9 Action Minutes — Approved Staff Recommendation (3-0-1-1, President Comerchero abstained, and Director Washington absent) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval with one abstention and one absence. RECOMMENDATION: 9.1 Approve the action minutes of October 8, 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 102213 1 CSD ADJOURNMENT At 7:40 P.M., the Community Services District was formally adjourned to Tuesday, November 12, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes 102213 2 Item No. 16 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: November 12, 2013 SUBJECT: Temecula Sister City Association Sponsorship Agreement PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the Sponsorship Agreement with Temecula Sister City Association, in the amount of $7,712, for in-kind staff services, $430 for in-kind facility use, and a $5,000 cash donation to provide cultural exchange services. BACKGROUND: The Temecula Sister City Association (TSCA) is a California non- profit corporation that supports the cultural exchanges of people and ideas. The global education and experiences that TSCA provides has enhanced our community, exposed our youth to diversity, and promoted cultural understanding, friendship and knowledge. The City of Temecula enjoys the benefit of having two sister cities, Daisen, Japan and Leidschendam-Voorburg, the Netherlands. The following are the roles and responsibilities established for TSCA and City staff liaison required to implement the sister city cultural program: Temecula Sister City Association responsibilities: • The development, coordination and implementation of some sister city functions, services and special events that occur related to our two sister cities. This includes the coordination of events, dinners, and TSCA gifts; • To monitor and manage their budget to ensure proper accounting of the funds provided by Community Services. TSCA must provide an annual budget and financial report/records that be available for review by the City; • Provide two student exchange scholarships; • Provide approximately twenty partial student exchange scholarships; • Provide Chaperone/Teacher stipend for student exchanges; • Assist with the coordination of the Dutch 20th anniversary visit. The Temecula Community Services District responsibilities: • Coordinate travel arrangements for City officials or councilmembers; • Provide partial financial support for Temecula students who travel on a sanctioned sister city trip; • Fund and coordinate one official dinner and one official welcome reception for visiting delegates from Daisen and Leidschendam-Voorburg per year; • Purchase official gifts, from the City, when guests travel to Temecula or from one of our sister cities; • Provide transportation to and from the airport for sister city delegates and for the duration of their visit; • Coordination of the Dutch 20th anniversary visit; • Installation of two stainless steel tulips with Delft tiles along the seat wall at the Duck Pond Park; • Arrangements for two Daisen trips (December 2013 and May 2014); • Preparations for the enhancing of the Japanese Garden at the Duck Pond. This year the cash sponsorship will be in the amount of $5,000. In the past, Community Services has typically provided a cash sponsorship in the amount of $7,500. Due to the added city expenses from our 20th anniversary celebration with Leidschendam-Voorburg and the additional Daisen visit, the TSCA has agreed to provide added financial assistance to offset increased costs to the City. FISCAL IMPACT: The in-kind city staffing costs of $7,712, the in-kind facility usage of $430 and the cash sponsorship in the amount of $5,000 for this program has been provided in the Fiscal Year 2013-14 Community Services Sister City account budget. Included, also, in the Sister City account is another $10,000 that the City will use to further support the Dutch and Japanese visitors as mentioned. The total sponsorship provided to the Sister City Program is $23,142. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA SISTER CITY ASSOCIATION THIS AGREEMENT is made and effective as of this 12th day of November, 2013 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Sister City Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Sister City Program (hereinafter referred to as the "Program"). b. The Program includes the facilitation of Sister City travels; Japanese and Dutch cultural programs; sponsorship of student travelers and other cultural exchanges. c. The City desires to support the Sister City program by providing Community Support Funding and City Support Services. 2. TERM This Agreement shall commence on November 12, 2013 and shall remain and continue in effect until June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed $8,142 as listed in Exhibit B, the City of Temecula shall be designated as a Supporter of the Program. b. The City of Temecula shall also provide Community Support Funding in the amount of $5,000 cash which will be allocated to pay for cultural exchanges listed in Exhibit A. c. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Program, the Nonprofit shall prepare and submit to the General Manager or his or her designee a written report evaluating the Program. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Program must be included in such a written report. 5. PERMITS If necessary, the Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of an event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 1, 2012 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient 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 Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Nonprofit employs any employees. Nonprofit warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Nonprofit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit 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. Nonprofit 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit 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. 10. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Temecula Sister City Association Attn: Daniel Venne, Treasure 51911 5th Street, #300 Temecula, CA 92590 13. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit 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 the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. 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. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA SISTER CITY ASSOCIATION DISTRICT By: By: Jeff Comerchero, TCSD President Daniel Venne, Treasurer ATTEST: By: By: Susan W. Jones, MMC, City Jon Lieberg, Co -Chair Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Temecula Sister City Association Attn: Daniel Venne 41911 5th Street, #300 Temecula, CA 92590 951 694-1986 dsv.cpa@verizon.net PM Initials: n 9 Date: 1/ v EXHIBIT "A" TEMECULA SISTER CITY ASSOCIATION SERVICES The Community Support Funding of $5,000 cash will help fund the following cultural services provided by the Temecula Sister City Association: Two full student exchange scholarships - $4,500 Partial student exchange scholarships - $ 500 EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES The City of Temecula and Community Services District wish to be a Supporter of the Sister City Program by providing the estimated in-kind staff services and other indirect costs as listed: TCSD Staff Services: $7,712 Facility Usage $ 430 TOTAL IN-KIND SERVICES $8,142 Item No. 17 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: November 12, 2013 SUBJECT: Additional Appropriations for the Tenant Improvements and Operational Costs for use of the Basic Etc. Building for Contract Class Programming PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: 1. Approve additional appropriations, in the amount of $155,983, from TCSD Fund Balance for start-up tenant improvements, program costs, and six months of operational costs; 2. Approve additional revenue, in the amount of $95,000, in Contract Class Revenue during the six months of operations. BACKGROUND: The Temecula Community Services District's (TCSD) Contract Class program has doubled from 6% ($712,675) of our total revenues in Fiscal Year 2010-11 to 12% ($861,862) of our total revenues in Fiscal Year 2012-13. Contract Classes are taught by qualified individuals who enter into agreements with the TCSD to provide instruction in their subject of expertise. Typically, the TCSD provides a location for the class, within one of our facilities, and the class fee is split with 70% going to the instructor and 30% going to TCSD revenues. TCSD offers a comprehensive variety of classes of interest for tots, teens, adults and seniors. Classes include subjects from the arts, sports and self -enrichment courses. Many of our classes sell out, and in order to accommodate the residents' demands, classes are added to the roster every year. The Temecula Community Center (TCC) is one of the most heavily -used facilities for contract classes. With the closing of the TCC for renovations this year, we have had to place contract classes at other facilities and cancel some classes. However, TCSD became aware of the Basic Etc. building purchased by the City in anticipation of the Phase II French Valley Parkway/Interstate- 15 Interchange Improvements. Phase II of this project is not expected to commence for a period of 3 to 7 years, depending on project funding opportunities. The Basic Etc. building is located at 41375 McCabe Court in the northwest area of the City. The building has several offices which can be used as classrooms and a large warehouse area for dance, gymnastics and other classes that we were unable to accommodate in the past. We will have the ability to use this building as an incubator for new classes that can transfer to the recreation building in Margarita Park and the renovated TCC in the Old Town area. The contract class revenue generated from this building will cover most of the operating and maintenance costs. FISCAL IMPACT: There are available funds in the TCSD Fund Balance to cover the $155,983 needed for tenant improvements, program costs and six months of operations. The $95,000 expected revenue will be added to the revenue budget and will help to off -set some of the start-up costs and the first six months of operations. ATTACHMENTS: Tenant Improvement Costs and Six Months of Operations Expenditures and Revenues Proposed Basic Etc. Building One -Time Startup Expenditures Provided by Public Works & IT Tenant Improvements Expenditures 1 Paint Offices $ 2,200.00 2 Paint Warehouse Area (1) $ 8,500.00 3 Window Cleaning $ 328.00 4 Front Parking/Sidewalk ADA Fix (2) $ 5,125.00 5 Reception/Office Window (3) $ 1,400.00 6 Repair Elec. Room Wali/Relocate Door (4) $ 2,200.00 7 Cover Ladder (5) $ 900.00 8 Remove Cubicles in Front Classroom $ 800.00 9 Keys/door knobs, etc. $ 300.00 10 Landscape Repairs $ 2,000.00 11 IT Computer Cabling $ 1,000.00 12 Signage (6) $ 2,500.00 13 Re -finish Warehouse Floor $ 1,500.00 14 VCT Tile (Classroom/Hallway) $ 8,100.00 Sub Total Building Improvements $ 36,853.00 10% Contingency $ 3,685.30 Tenant Improvements Expenditures $ 40,538.30 Program Expenditures Multi-purpose Recreation Flooring $ 13,000.00 Dance Mirrors $ 2,500.00 Portable Walls $ 3,500.00 Office FFE (Computer/Monitor & Printer/Fax) $ 2,500.00 Program Expenditures $ 21,500.00 (7) TOTAL TI & Program Expenditures $ 62,038.30 (1) Recommendation by Public Works to paint warehouse where visable to the public. (2) Repair required by ADA regulations. (3) Place window in the office for safety and security reasons. (4) Required for better access to exits - B&S (5) Restrict access to ladder leading to roof in public area. (6) Signage in front of building and directional signage from Jefferson Ave. (7) All items purchased can be moved to other facilities when this facility closes. Proposed Basic Etc. Building Operational FY 2013-2014 Budget From January 2014 - June 2014 Revenues 4982 - Contracted Classes $ 95,000.00 Total Operational Revenue $ 95,000.00 Maintenance Expenditures IT Copier Lease $ 500.00 5212 Repair & Maintenance $ 1,000.00 5218 Maintenance Supplies $ 500.00 5226 Dues & Memberships (BPA) $ 375.00 5240 Utilities (Electric, water, gas) $ 3,500.00 5415 Landscape Maintenance $ 600.00 5250 Outside Services $ 3,575.00 Custodial $ 1,200.00 Bottled Water $ 125.00 Floor Mats/Towels $ 125.00 HVAC PM $ 375.00 Alarm Monitoring & Testing $ 500.00 Pest Control $ 500.00 Roof PM $ 500.00 Medical Supply Box $ 250.00 Total Maintenance Expediture $ 10,050.00 Operational Expenditures Salaries & Wages $ 15,395.17 5330 - Contracted Classes $ 66,500.00 (1) 5301- Recreation Supplies $ 1,000.00 5220 - Office Supplies $ 1,000.00 Total Community Services Expediture $ 83,895.17 Total Operational Revenue $ 95,000.00 Total Operational Expenditures $ 93,945.17 Operational Profit/(Loss) $ 1,054.83 (1) Contract Class Expenduiture is budgeted at 70% of Contract Class Revenue. CONTRACT CLASS REVENUES (Jan -Jun 2014) CLASSROOM Day Time # Sessions Est. Revenue Previous Location Toddler Time Mon 10:00-11:30am 5 $ 2,100.00 TCC Creative Beginnings Tue 10:00-12:30pm 5 $ 3,200.00 TCC Yes, You Can Draw Wed 4:15-5:30pm 5 $ 3,500.00 CRC Wonders Science Mon 3:45-5:15pm 4 $ 3,500.00 CRC Wonders Math Mon 5:30-6:30pm 4 $ 2,000.00 CRC Yoga TBD TBD 5 $ 2,000.00 NEW Pilates TBD TBD 5 $ 2,000.00 NEW Silver Sneakers TBD TBD 5 $ 2,000.00 NEW WAREHOUSE $ 20,300.00 Day Time # Sessions Est. Revenue Previous Location Gymnastics Wed 9:30-4pm 3 $ 10,000.00 CRC Special Needs Gymnastics TBD TBD $ 2,000.00 NEW Zumba $ 2,500.00 CRC Youth Musical Theater Tue/Thu 4-6pm 1 $ 18,700.00 CRC SPRING CAMPS CLASSROOM Day $ 33,200.00 Time # Sessions Est. Revenue Previous Location Yes, You Can Draw $ 1,000.00 TCC Yes, You Can Draw $ 1,000.00 TCC Wonders Science $ 2,000.00 TCC Wonders Science $ 2,000.00 TCC $ 6,000.00 WAREHOUSE Day Time # Sessions Est. Revenue Previous Location Cartooning $ 2,000.00 HC Cheer Camp $ 2,000.00 HC Gymnastics $ 2,000.00 NEW NASA Camp $ 2,500.00 TCC SUMMER CAMPS CLASSROOM Day $8,500.00 Time # Sessions Est. Revenue Previous Location Wonders Science $ 3,000.00 TCC Wonders Science $ 3,000.00 TCC Yes, You Can Draw $ 1,500.00 TCC Yes, You Can Draw $ 1,500.00 TCC Teen Art & Anime Camp $ 2,200.00 HC Lego Camp $ 2,000.00 HC $ 13,200.00 WAREHOUSE Day Time # Sessions Est. Revenue Previous Location Cheer Camp $ 2,100.00 HC Theater Camp $ 3,000.00 NEW Yes, You Can Draw $ 1,500.00 TCC Dodgeball Camp $ 3,000.00 TCC Teen Art & Anime Camp $ 2,200.00 HC Lego Camp $ 2,000.00 HC $ 13,800.00 TOTAL $ 95,000.00 Summary Basic Etc. Building Budget Initial Startup Revenue Contract Class $ 95,000.00 Total Initial Revenue $ 95,000.00 Initial Startup Expenditures One -Time Tenant Improvements One -Time Programming Costs FY 13-14 Operating Expenditure $ 40,538.30 $ 21,500.00 $ 93,945.17 Total Initial Expenditure $ 155,983.47 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Item No. 18 ACTION MINUTES of September 24, 2013 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 8:15 P.M. CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, Roberts, Washington, Naggar SARDA PUBLIC COMMENTS None SARDA CONSENT CALENDAR 12 Action Minutes — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 12.1 Approve the action minutes of August 27, 2013. 13 Financial Statements for the 4th Quarter Ended June 30, 2013 — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 13.1 Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2013. 14 Approval and transmittal of the Long -Range Property Management Plan in accordance with Health and Safety Code Section 34191.5 — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected approval with one absence. SARDA Action Minutes 092413 1 RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5, DETERMINING THAT APPROVAL OF THE LONG-RANGE PROPERTY MANAGEMENT PLAN IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 15 Recognized Obligation Payment Schedule for the period January 1, 2014 through June 30, 2014 (ROPS13-14B) — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13- 06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2014 THROUGH JUNE 30, 2014 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA Action Minutes 092413 2 SARDA ADJOURNMENT At 8:17 P.M., the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 8, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] SARDA Action Minutes 092413 3 Item No. 19 Approvals City Attorney Finance Director City Manager SUCCESSOR AGENCY TO THE TEMECULA REDEVLEOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board Members FROM: Patrick Richardson, Director of Community Development DATE: November 12, 2013 SUBJECT: Extension of the 6th Street Promissory Note between the City of Temecula and the Successor Agency to the Temecula Redevelopment Agency PREPARED BY: Luke Watson, Senior Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EXTENSION OF THE 6TH STREET PROMISSORY NOTE BACKGROUND: On December 10, 1991, the City Council authorized the purchase of a 1.4 acre site located at the northeast corner of Old Town Front Street and 6th Street in Old Town. The total acquisition cost of the site was $918,171. On March 12, 1996, the property was conveyed from the City to the former Temecula Redevelopment Agency in consideration of a Promissory Note (Note) in the amount equal to the acquisition cost of $918,171. Upon taking ownership of the site the former Redevelopment Agency developer the easterly portion of the site as public parking lot. The western portion of the site was leased and developed as a restaurant and greyhound bus transit center. The Note was extended by the City and former Redevelopment Agency on April 23, 2002 and again on December 16, 2008. The current note is set to expire December 16, 2013. Due to the passage of ABX1 26 and AB 1484, the Temecula Redevelopment Agency was dissolved and the Successor Agency to the Temecula Redevelopment Agency (SARDA) created to manage the ongoing obligations of the former Redevelopment Agency. Provisions of ABX1 26 and AB 1484 prohibited SARDA from making the payments required by the Note. ABX1 26 and AB 1484 mandated that the SARDA meet certain obligations before the Note could be placed on the Recognized Obligation Payment Schedule (ROPS) for repayment. These obligations included completing the Due Diligence Review and receiving a Finding of Completion. SARDA has fulfilled those obligations and received authorization from the California State Department of Finance (DOF) to place the Note onto the ROPS for repayment. Staff is recommending a five year extension of the Note. FISCAL IMPACT: The original terms of the Note included a simple interest rate 5% annually. ABX1 26 and AB 1484 mandated that the interest rate of loans between former Redevelopment Agencies and their sponsoring entities be recalculated based on the interest rate of return being offered by the State of California's Local Agency Investment Fund (LAIF) over the time period that loans were in effect. Since the Note was entered into in 1996, Staff has recalculated the accrued interest based on the quarterly interest rate of return offered by LAIF from the third quarter of 1996 up to the current date. Based on this recalculation of accrued interest the total outstanding balance of the Note is now $723,118. In the absence of the requirement to recalculate the accrued interest the total outstanding balance of the Note to date would have been $1,287,713. The recalculation represents a $564,595 reduction in the balance of the Note. Further requirements of ABX1 26 and AB 1484 stipulate that before any repayment of the Note can be made by the former Redevelopment Agency to the City, the Successor Agency must first apply Note payments to repay the balance of the Special Education Revenue Augmentation Fund (SERAF) loan made by the Affordable Housing Fund (165). The total amount of the loan made by the Affordable Housing Fund for the SERAF payment is $5,250,954. Therefore, because the SERAF loan balance exceeds the outstanding balance of the Note, all funds received by the SARDA for the Note via the property tax trust fund, will be used to pay back the Affordable Housing Fund. The Note has been placed on the ROPS for the period of January 1, 2014 through June 30, 2014. Staff anticipates that SARDA will receive sufficient property tax trust funds over the next three ROPS periods to pay off the outstanding balance of the Note. ATTACHMENTS: 1. Resolution 2. Promissory Note 3. California State Department of Finance Finding of Completion Letter dated April 26, 2013 RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EXTENSION OF THE 6TH STREET PROMISSORY NOTE THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors hereby finds determines and declares as follows: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently E. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. F. The City acquired the property generally located at 6th Street and Front Street, APN 922-023-021 (the "Property") and conveyed the property to the former Temecula Redevelopment Agency. G. The former Temecula Redevelopment Agency approved a five-year Promissory Note on March 12, 1996. H. The former Temecula Redevelopment Agency approved a five-year extension on April 23, 2002. The Property has been developed for redevelopment purposes. J. The Successor Agency received a Finding of Completion from the California State Department of Finance on April 26, 2013. K. The 6th Street Promissory Note has been placed on the Recognized Obligation Schedule for the period of January 1, 2014 through June 30, 2014. J. Accordingly the Board desires to adopt this Resolution approving the extension of the 6th Street Promissory Note. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34191. Section 3. The Board hereby approves the 6th Street Promissory Note originally dated March 12, 1996 and approves the revised Promissory Note in the form attached hereto as Exhibit A, extending the Note to December 16, 2018. Section 4. The Board Secretary shall certify the adoption of this Resolution PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 12th day of November, 2013. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, MMC, Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 13- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 12th day of November, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC Board Secretary PROMISSORY NOTE The Redevelopment Agency of the City of Temecula originally executed this Promissory Note on April 23, 2002 and used the funds for redevelopment purposes. This term of this Promissory Note has been extended by the parties through December 16, 2013. The parties have agreed to: (1) further extend the Promissory Note through December 16, 2018, (2) make revisions to the terms as required by the provisions of ABX1 26 and AB 1484, including Health and Safety Code Section 34191.4; and (3) recognize that the Successor Agency to the Temecula Redevelopment Agency has assumed the Promissory Note by operation of law. Therefore, the Promissory Note is hereby amended and restated to read as follows: "The Successor Agency to the Temecula Redevelopment Agency ("Agency") hereby promises, for consideration revived, to pay the City of Temecula ("City") the sum of Seven Hundred Twenty Three Thousand One Hundred Eighteen Dollars and No/100 ($723,118) bearing interest at the average rate offered by the California Local Agency's Investment fund in each corresponding quarter during the term of the Promissory Note. This Note and all accrued interest from March 12, 1996 shall be due and payable December 16, 2018 as extended by mutual written agreement of the City and the Agency. The Agency may make partial payments or repay the amount of the Note in full prior to the due date without penalty." This amended and restated Promissory Note is made as of November 12, 2013 at Temecula California. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Michael S. Naggar Chairperson ATTEST: Susan W. Jones, MMC Agency Secretary/ City Clerk Peter M. Thorson Agency Counsel EKY CAN •s Y w flll' n 4 M DEPARTMENT OF C'gLiFDR�,P F I N A N C E April 26, 2013 EDMUND G. BROWN JR. ■ GOVERNOR Mr. Luke Watson, Senior Planner City of Temecula 41000 Main Street Temecula, CA 92589 915 L STET M SACF2AMENTO CA r 95814"37O • WWW.DOP.CA.13OV Dear Mr. Watson: Subject: Request for a Finding of Completion The California Department of Finance (Finance) has completed the Finding of Completion for the City of Temecula Successor Agency. Finance has completed its review of your documentation, which may have included reviewing supporting documentation submitted to substantiate payment or obtaining confirmation from the county auditor - controller. Pursuant to Health and Safety Code (HSC) section 34179.7, we are pleased to inform you that Finance has verified that the Agency has made full payment of the amounts determined under HSC section 34179.6, subdivisions (d) or (e) and HSC section 34183.5. This letter serves as notification that a Finding of Completion has been granted. The Agency may now do the following: • Place loan agreements between the former redevelopment agency and sponsoring entity on the ROPS, as an enforceable obligation, provided the oversight board makes a finding that the loan was for legitimate redevelopment purposes per HSC section 34191.4 (b) (1). Loan repayments will be governed by criteria in HSC section 34191.4 (a) (2). • Utilize proceeds derived from bonds issued prior to January 1, 2011 in a manner consistent with the original bond covenants per HSC section 34191.4 (c). Additionally, the Agency is required to submit a Long -Range Property Management Plan to Finance for review and approval, per HSC section 34191.5 (b), within six months from the date of this letter. Please direct inquiries to Andrea Schutter, Staff Finance Budget Analyst, or Chris Hill, Principal Program Budget Analyst, at (916) 445-1546. Sincerely, STEVE SZALAY Local Government Consultant cc: Mr. Rudy Graciano, Revenue Manager, City of Temecula Ms. Pam Elias, Chief Accountant Property Tax Division, Riverside County Auditor -Controller California State Controller's Office PUBLIC HEARING Item No. 20 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Amer Attar, Acting City Engineer DATE: November 12, 2013 SUBJECT: Conditional Vacation of a portion of Jedediah Smith Road located between Pechanga Parkway and Temecula Parkway PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE CONDITIONAL VACATION OF A PORTION OF JEDEDIAH SMITH ROAD BACKGROUND: On October 22, 2013, the City Council adopted a Resolution declaring its intention to conditionally vacate a portion of Jedediah Smith Road. Pursuant to the Resolution, the City Council seta public hearing on November 12, 2013, at 7:00 p.m., in the Council Chambers of the Temecula City Hall. At the public hearing, any and all interested persons may present evidence or object to the proposed conditional vacation of a portion of Jedediah Smith Road. The Resolution also directed the City Clerk to publish, mail, and post notices of the hearing at least two (2) successive weeks before the scheduled hearing, all in conformity with and in the manner provided by California Streets and Highway Code Sections 8320, 8322 and 8323. The City Clerk published and mailed said notices in accordance with said requirements. Further, the notices were posted no more than 300 feet apart, and at least three such notices were posted in the manner set forth in Streets & Highways Code Section 8320 et seq. Accordingly, the City complied with all legal prerequisites for the conditional vacation of a portion of Jedediah Smith Road. Specifically, the City Council intends to conditionally vacate certain rights to the unimproved portion of Jedediah Smith Road ("ROW") located between Pechanga Parkway and Temecula Parkway, which is more particularly described on Exhibits "A" and "B" to the attached Resolution. The City intends to conditionally vacate the dedicated rights for "public roadway purposes" and to expressly reserve the rights in the ROW for public service and public utility purposes. The reservation of the rights in the ROW for public service and public utility purposes is needed to accommodate the Wolf Valley Creek Channel Stage 1 drainage improvements that were completed by the City of Temecula and are now ready for acceptance by the Riverside County Flood Control & Water Conservation District ("District") for operation and maintenance. The District is prepared to accept the subject channel improvements in accordance with the terms of the Infrastructure Funding and Acquisition Agreement (Wolf Valley Creek Channel Agreement) entered into by the District, the City of Temecula, Temecula Public Financing Authority, and Wolf Creek Development, LLC on March 1, 2004. Accordingly, the conditional vacation will vacate the rights in the dedication of the ROW for "public roadway purposes" and expressly reserve the rights in the ROW for public service and public utility purposes. The rights reserved in the ROW will allow the District legal access to the channel improvements for ownership, operation and maintenance purposes. The City plans to convey, at a later date, its rights in the conditionally vacated ROW to the District by separate City Council action. The portion of Jedediah Smith Road that was dedicated for "public roadway purposes" which the City is conditionally vacating is more particularly described and depicted on Exhibits "A" and "B" to the attached Resolution, and incorporated herein by this reference. FISCAL IMPACT: None ATTACHMENT: Resolution RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE CONDITIONAL VACATION OF PORTION OF JEDEDIAH SMITH ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Wolf Valley Creek Channel Stage 1 — City Project No. PW99-11 SD has been completed by the City's contractor and Riverside County Flood Control & Water Conservation District ("District") is now prepared to accept the channel improvements for ownership and maintenance. The District is prepared to accept the channel improvements in accordance with the terms of the Infrastructure Funding and Acquisition Agreement - Wolf Valley Creek Channel ("Agreement") entered into by the District, the City of Temecula, Temecula Public Financing Authority and Wolf Creek Development, LLC on March 1, 2004. The channel improvements consist of approximately 2,600 lineal feet of triple -box culvert improvements ("Improvements") within the unimproved portion of Jedediah Smith Road right-of-way ("ROW") located between Pechanga Parkway and Temecula Parkway. Said ROW is more particularly described and depicted on Exhibits "A" and "B", respectively, attached hereto and made a part hereof this Resolution. Section 2. The property owner, Kaiser Rancho California, Inc. formally dedicated the ROW to the County of Riverside pursuant to a Declaration of Dedication recorded on April 9, 1975 as Document Number 040378 of Official Records of the County of Riverside. The Declaration of Dedication irrevocably dedicated in perpetuity to the County of Riverside the ROW for "public road purposes, including public utility and public service uses." On July 28, 1981, the County of Riverside formally accepted the portion of Jedediah Smith Road for "public road purposes and utility uses" only. The City is the successor to the interests of the County. On December 11, 2012, the City of Temecula formally accepted the dedication of the ROW for "public service" uses pursuant to Section 8306(a) of the California Streets and Highways Code. Public service uses include drainage purposes; Section 3. Prior to final acceptance of the Improvements, the District requires that the Improvements be located within an area designated exclusively for drainage purposes and owned solely by the District. Accordingly, the City Council intends to conditionally vacate the ROW by vacating the portion of the public street easement comprising the dedicated rights for "public roadway purposes" and expressly reserving the dedicated rights for "drainage and utility purposes" on behalf of the District. The resulting drainage easement will allow the District legal access to the channel improvements for ownership, operation and maintenance purposes. The City plans to convey its interest in the conditionally vacated ROW to the District by separate Council action at a later date. The dedicated portion of Jedediah Smith Road for "public roadway purposes" that the City will conditionally vacate is described on Exhibits "A" and "B" attached hereto; Section 4. On November 7, 2012, the Planning Commission of the City of Temecula reviewed the proposed conditional vacation of a portion of Jedediah Smith Road, and determined that said conditional vacation is in conformance with the General Plan of the City of Temecula and adopted Resolution No. PC 12-24; Section 5. On October 22, 2013, the City Council adopted Resolution No. 13-55, declaring its intention to consider the conditional vacation of Jedediah Smith Road, and setting the time and place for a public hearing on the matter; and Section 6. Notice of the public hearing was posted and published in the manner required by law (Streets and Highways Code Sections 8320(b), 8322(a) and 8323). The City Council has conducted the public hearing at the time and place specified in the notice of hearing and has heard any and all evidence offered by persons interested. Section 7. Now, therefore, be it hereby resolved, determined, and ordered: A. Notice of the public hearing was posted and published in the manner required by law (Street and Highways Code Sections 8320(b), 8322(a) and 8323). Notices of the conditional vacation were conspicuously posted along Jedediah Smith Road in the areas proposed for vacation at least two weeks prior to November 12, 2013. At least three notices were posted not more than 300 feet apart in compliance with Streets and Highways Code Section 8323. B. In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) and the CEQA Guidelines, 14 Cal. Code Regs. § 15000 et seq. (CEQA Guidelines), the City Council has considered the proposed conditional vacation of portions of Jedediah Smith Road for "public roadway purposes" as described on Exhibits "A" and "B" hereto and determined that the proposed conditional vacation is categorically exempt from further environmental review pursuant to Section 15301, Class 1 of the CEQA Guidelines. The proposed conditional street vacation is that of an existing facility and does not involve any expansion of use beyond that which currently exists. C. The proposed conditional vacation conforms to the General Plan. Streets and highways are shown on the City's General Plan map but are not given land use designations. Vacating the dedication for "public roadway purposes" within the ROW in connection with the City's proposed transfer of its interests in the remaining portions of the ROW to the District does not change the utilitarian purpose of the ROW. A land use designation is not necessary for the reserved dedicated rights to the ROW for public service, including drainage, and public utility purposes. This conditional reservation thus conforms to the General Plan. D. The City Council has conducted the public hearing at the time and place specified in the notice of hearing and has heard any and all evidence offered by persons interested by the City Council of the City of Temecula, State of California, in regular session on November 12, 2013. E. The City Council of the City of Temecula, finds from the evidence submitted, that said portion of Jedediah Smith Road dedicated for "public roadway purposes" and described on Exhibits "A" and "B" hereto is excess right-of-way for roadway purposes and unnecessary for public purposes, and present or prospective public use. This portion of Jedediah Smith Road is not useful for non -motorized transportation facilities. F. Pursuant to of the Streets and Highways Code Section 8334(a), the City Council of the City of Temecula hereby orders the conditional vacation of the portion of the ROW comprising the dedicated rights for "public roadway purposes" more particularly described and depicted on Exhibits "A" and "B" hereto, which Exhibits are incorporated herein by reference. G. Pursuant to Streets and Highways Code Section 8340, the City Council of the City of Temecula expressly reserves from said vacation the dedicated rights for public service and public utility purposes. This conditional vacation expressly reserves the rights for public utilities and public service facilities, including drainage facilities, together with the right to maintain, operate, replace, remove, or renew such facilities. H. The City Clerk is authorized and directed to certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded in the official records of Riverside County, California pursuant to Streets and Highways Code Section 8336. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2013. Michael S Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" Sheet 1 of 2 PROPERTY DESCRIPTION FOR A STORM DRAIN EASEMENT PARCEL 7260-517 All that certain parcel of land situated in the City of Temecula, County of Riverside, state of California, as show in the Declaration of Dedication recorded April 9, 1975 as Instrument No. 40378 in the office of the County Recorder of the County of Riverside, State of California, also being a portion of Rancho Temecula as shown on the map recorded in Book 1, Page 37 of Patents in the office of the County Recorder of the County of San Diego, State of California described as follows: BEGINNING at the Southeasterly terminus of that certain course having a bearing and distance of South 47°44'36" East 2543.13 feet as described in the deed to John A. Murdy Jr. and Norma L. Murdy recorded December 30, 1966, as Instrument No. 123991, in the office of the County Recorder of said County of Riverside, said certain course also being the center line of Pala Road, 60.00 feet wide, as shown on the Record of Survey filed in Book 54, Pages 89 and 90 of Record of Surveys in the office of the County Recorder of said County of Riverside; Thence North 42°35'01" East, 55.00 feet to a line parallel with and distant 55.00 feet Northeasterly, measured at right angles, from said center line of Pala Road; Thence along said parallel line North 47°44'36" West, 932.52 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being the beginning of a Tangent curve, concave Northeasterly and having a radius of 1945.00 feet; Thence Northwesterly along said curve through a central angel of 44°13'33" an arc distance of 1501.32 feet; Thence North 3°31'03" West, 564.09 feet to a point in the Northerly boundary of the land described as the "Purchase Parcel" in the deed to Edward W. Forbes and Jacqueline S. Forbes recorded December 29, 1967 as Instrument No. 115528, in the office of the County Recorder of said County of Riverside, said point being in a non -tangent curve, concave Southerly and having a radius of 2300.00 feet, a radial line to said point bears North 11 °06'06" East; Thence Westerly along said curve in said Northerly boundary through a central angle of 1°24'42", an arc length of 56.67 feet to an angle point in said Northerly boundary; Thence along said boundary South 3°31'03" East, 335.36 feet to an angle point therein, said last mentioned angle point being a point in a curve, concave Southerly and having a radius of 1975.00 feet and being concentric with that certain curve hereinbefore described as having a radius of 2300.00 feet; Thence Westerly along said curve, in said Northerly boundary through a central angle of 1°38' 56", an arc distance of 56.84 feet to a line parallel with and distant Westerly at right angles, 110.00 feet from that certain course hereinbefore described as having a bearing of North 3°31'03" West and a length of 564.09 feet; Thence along said last mentioned parallel line South 3°31'03" East, 256.69 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 2055.00 feet, said curve also Sheet 2 of 2 being concentric with that certain course hereinbefore described as having a radius of 1945.00 feet; Thence Southwesterly along said curve through a central angle of 25°23'40", an arc distance of 910.81 feet to said first mentioned parallel line hereinbefore described as being 55.00 feet Northeasterly of the center line of said Pala Road; Thence along said parallel line South 47°44'36" East, 663.32 feet to the TRUE POINT OF BEGINNING. This parcel contains 3.812 acres, more or less. SEE EXHIBIT "B" attached hereto. This was prepared by me or under my direction. Kris R. Winchak, L.S. 6240 Date r EXHIBIT "B" PARCEL 7260-5/7 3 FLOOD (R) PAGE 1 OF 2 Z SCALE: /"= 500' PARCEL 1 PM 17/72 110 NO. 0 DATA TABLE BEARING/DELTA N42°35'01 "E 44°13'33" NO3°31 '03"W 01°24'42" S03°31'03"E 01°38'56" S03°31 '03"E 25°23'40" 547°44'36"E RADIUS 1945.00 2300.00 1975.00 2055.00 LENGTH 55.00' 1501.32' 564.09' 56.67' 335.36' 56.84' 256.69' 910.81' 663.32' LEGEND: P.O.B. T.P.O.B. (R) BASIS OF BEARING: THE BEARING N47°44'36"W AS SHOWN FOR THE CENTERLINE OF PECHANGA PKWY (PALA ROAD) PER R/S 54 - 89 & 90, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA P.O.B. POINT OF BEGINNING TRUE POINT OF BEGINNING INDICATOR RADIAL BEARING LINE ACCEPTED AS SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING & DISTANCE OF S47° 44'36"E, 2543.13 FT DESCRIBED IN DEED REC. 12-30-66 AS INST. NO. 123991 RIVERSIDE COUNTY FLOOD CONTROL 8 WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CALIFORNIA 9250/ THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. PREPARED BY: CITY OF TEMECULA PUBL/C WORKS DEPT 4/000 MAIN STREET TEMECULA, CALIFORNIA 92590 KRIS R. WINCHAK, L.S. 6240 DATE EXHIBIT "B" PARCEL 7260-5/7 BOUNDARY AND EASEMENT NOTES PAGE 2 OF 2 INDICATES THE NORTHERLY BOUNDARY OF LANDS DESCR/BED IN DEED TO EDWARD W FORBES AND JACQEL/NE S. FORBES, RECORDED DECEMBER 29, 1967 AS INSTRUMENT NO. 115528 A, INDICATES THE SOUTHERLY LINE OF EASEMENT FOR FLOOD CONTROL & SANITARY SEWER PURPOSES, 650 FT WIDE AS RESERVED IN DEED RECORDED DECEMBER 29, 1967 AS INSTRUMENT NO. 115528 /5\ INDICATES A 110' WIDE OFFER OF DEDICATION FOR PUBLIC ROAD PURPOSES TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 40378, RECORDED APR/L 9, 1975 /g \ INDICATES THE NORTHWESTERLY BOUNDARY OF LAND IN GRANT DEED TO JOHN A. MURDY AND NORMA L. MURDY RECORDED 12/30/66 AS INSTRUMENT NO. 123991 RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVA TION DISTRICT 1995 MARKET STREET RIVERSIDE, CALIFORNIA 9250/ THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. PREPARED BY: C/TY OF TEMECULA PUBLIC WORKS DEPT. 4/000 MAIN STREET TEMECULA, CALIFORNIA 92590 KRIS R. WINCHAK, L.S. 6240 DATE COUNCIL BUSINESS Item No. 21 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Steve Gallegos, Fire Chief Patrick Richardson, Director of Community Development November 12, 2013 Amendment of the 2013 California Building and Fire Codes RECOMMENDATION: 1. Set the public hearing for consideration of the Building Code Ordinance and the Fire Code Ordinance for December 10, 2013 and direct the City Clerk to publish notice, as required by law; 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 15.04.010 THROUGH 15.04.080, INCLUSIVE, OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2013 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2013 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE, 2013 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS TO SAID CODES, AND AMENDING SECTION 15.02.060 OF THE TEMECULA MUNICIPAL CODE RELATING TO PENALTIES AND REMEDIES FOR VIOLATIONS OF TITLE 15 OF THE CODE, BUILDINGS AND CONSTRUCTION 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2012 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 OCCUPANCY 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 California Building and Fire Codes is important for the public health, safety, and welfare of the community. The fire and 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 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, or climatic conditions, before the State Code provisions become applicable. The proposed fire ordinance proposes some local amendments. Many of the provisions in this ordinance are substantially the same as previous provisions of the current Municipal Code. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: 1. Ordinance (Building Code) 2. Ordinance (Fire Code) ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 15.04.010 THROUGH 15.04.080, INCLUSIVE, OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2013 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2013 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE, 2013 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS TO SAID CODES, AND AMENDING SECTION 15.02.060 OF THE TEMECULA MUNICIPAL CODE RELATING TO PENALTIES AND REMEDIES FOR VIOLATIONS OF TITLE 15 OF THE CODE, BUILDINGS AND CONSTRUCTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Sections 15.04.010 through 15.04.080, inclusive, of Chapter15.04 of Title 15 of the Temecula Municipal Code are hereby amended 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, 2013 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, 2013 Edition (Part 8 of Title 24 of the California Code of Regulations); C. California Existing Building Code, 2013 Edition (Part 10 of Title 24 of the California Code of Regulations); 1 D. California Electrical Code, 2013 Edition (Part 3 of Title 24 of the California Code of Regulations); E. California Mechanical Code, 2013 Edition (Part 4 of Title 24 of the California Code of Regulations); F. California Plumbing Code, 2013 Edition (Part 5 of Title 24 of the California Code of Regulations); G. California Administrative Code, 2013 Edition (Part 1 of Title 24 of the California Code of Regulations); H. California Energy Code, 2013 Edition (Part 6 of Title 24 of the California Code of Regulations), I. California Green Building Standards Code, 2013 Edition (Part 11 of Title 24 of the California Code of Regulations), including Appendix A4 Residential Voluntary Measures and Appendix A5 Non Residential Voluntary Measures. J. California Reference Standards Code, 2013 Edition (Part 12 of Title 24 of the California Code of Regulations), K. California Residential Code, 2013 Edition (Part 2.5 of Title 24 of the California Code of Regulations). including Appendix J, Existing Building and Structures, and Appendix 0 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, 2013 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 1, Class 11 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: 2 105.5 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 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: 110.3.6 Fire and smoke resistant penetrations. 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 3 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. 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. I. Section 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: 4 903.4.3 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 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 1907.2 is hereby added to read as follows: 1907.2 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. 5 Q. Section 3109.4.1 is hereby amended to read as follows: 3109.4.1 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. 15.04.030 California Residential Code. The following Appendices are deleted in their entirety from the 2013 California Residential Code, as adopted by this Chapter: 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, 2013 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. 6 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. Table 300.5 is hereby amended to read as follows: 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: 334.10 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) may be used in commercial applications regardless of mixed-use occupancy. [THE REMAINDER OF SEC. 334.10 TO 334.12 SHALL REMAIN UNCHANGED.] F. Section 690.4 (A) is hereby amended to read as follows: (A) 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. 7 *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, 2013 Edition, as adopted by this Chapter. A. Section 111.1 is hereby added to read as follows: 111.1 Violations and violation penalties are subject to Section 15.02.060 and Chapters 1.20, 1.21, 1.24 and 8.12 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. 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. 15.04.060 California Plumbing Code. The following amendments, additions and deletions are made to the California Plumbing Code, 2013 Edition, as adopted by this chapter: A. Section 102.3.2 of Chapter 1 is amended by adding the following: Violations, violation penalties, and remedies are subject to Sections 15.02.060 and Chapters 1.20, 1.21, 1.24 and 8.12 of this Municipal Code. 8 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. 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: 719.5 Access. 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. 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. 9 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. H The following chapters are adopted in their entirety from the 2013 California Plumbing Code: Chapter 13, Health Care Facilities and Medical Gas and Vacuum Systems; Chapter 16A, Non -Potable Water Reuse Systems. The following appendices are adopted in their entirety from the 2013 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 2013 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 and remedies set forth in Chapters 1.20, 1.21, 1.24 and 8.12 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 10 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. Section 15.02.060, Penalties, of the Temecula Municipal Code is hereby amended to read as follows: 15.02.060 Violations—Penalties. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this title. Violations, violation penalties and remedies are subject to Chapters 1.20, 1.21, 1.24 and 8.12 of this code. Section 3. 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. 11 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 13- 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 November, 2013, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of December, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 12 Susan W. Jones, MMC City Clerk ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA FIRE CODE, IN ITS ENTIRETY, BASED ON THE 2012 INTERNATIONAL FIRE CODE, AND PORTIONS OF THE INTERNATIONAL FIRE CODE, 2012 EDITION, 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, including all provisions of all codes adopted by reference therein, 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 15.16 FIRE CODE 15.16.010 Code adopted. The City of Temecula hereby adopts by reference the California Fire Code, 2013 Edition, as set forth in Part 9 of Title 24 of the California Code of Regulations, including Appendix Chapter 4, Appendices B, BB, C, CC and H, those portions of the 2012 Edition of the International Fire Code not adopted or amended in the California Fire Code, 2013 Edition, excluding Section 103, 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, California Fire Code, and California Building Code 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. 15.16.020 Amendments. The following amendments, additions, and deletions are made to the International Fire Code, 2012 Edition, and the California Fire Code, 2013 Edition, as adopted by this Chapter: Page 1 of 22 11086-0001\1658817v1.doc A. CHAPTER 1 SCOPE AND ADMINISTRATION Section 1.1.7.1 is amended to read as follows: 1.1.7.1 Differences. In the event of any differences between these building standards and the standard reference documents, the Temecula Municipal building standard shall govern. B. CHAPTER 2 DEFINITIONS SECTION 202 — GENERAL DEFINITIONS is amended as follows: Definitions 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 FIRE CHIEF OR CHIEF shall mean the Fire Chief of the City of Temecula, or her/his authorized representative(s). HAZARDOUS FIRE AREA. means 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. The definition of `HIGH-RISE BUILDING' is amended to read as follows: HIGH-RISE BUILDING. In other than a Group 1-2 occupancies, "high rise buildings" as used in this code: Page 2 of 22 11086-0001\1658817v1.doc Existing high-rise structure. A high-rise structure, the construction of which is commenced or completed prior to July 1, 1974. High-rise structure. Every building of any type of construction or occupancy located more than 75 feet above the lowest floor level of fire department vehicular access, except buildings used as hospitals as defined in the Health and Safety Code Section 1250. New buildings measuring 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 508 of the Temecula Municipal Code. New high-rise building. A high-rise structure, the construction of which is commenced on or after July 1, 1974. For the purpose of this section, construction shall be deemed to have commenced when plans and specifications are more than 50 percent complete and have been presented to the local jurisdiction prior to July 1, 1974. Unless all provisions of this section have been met, the construction of such buildings shall commence on or before January 1, 1976. New high-rise Structure. A high-rise structure, the construction of which is commenced on or after July 1, 1974. 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. 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 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). Page 3 of 22 11086-0001 \1658817v1. doc C. CHAPTER 3 GENERAL REQUIREMENTS 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. D. CHAPTER 5 FIRE SERVICE FEATURES Section 501.4 is amended to read as follows: 501.4 Timing of installation. Fire apparatus access roads and a water supply for fire protection is will 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 Section 503.1 is amended to read as follows: 503.1 Where required. 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. Subsections 503.1.1.1 is added to read as follows: 503.1.1.1 Fences. When fences and other obstructions 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 or additional fire protection as specified in Section 901.4.4. 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. Section 503.2.1 is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 -feet, for single family dwellings, multifamily, commercial, and industrial, with an unobstructed vertical clearance of not less than 13 -feet 6 - inches. Page 4 of 22 11086-0001\1658817v1.doc Exception: Custom home lots driveway access shall be a minimum of 20 - feet in width, rather than 24 -feet. Section 503.2.3 is amended to read as follows: 503.2.3 Surface. 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 3310.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. Section 503.2.4 is amended to read as follows: 503.2.4 Turning radius. The required turning radius of a fire apparatus access road for commercial, multi -family residential and industrial buildings shall have a an outside turning radius of a minimum forty-five (45) feet. For single-family residential, the required outside turning radius of a fire apparatus access roads shall be a minimum of a thirty-eight (38) feet. Section 503.2.5 is amended to read as follows: 503.2.5 Dead ends. 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, if exceeded then a second access point is required for fire access. Section 503.2.7 is amended to read as follows: 503.2.7 Grade. 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 shall 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 zones 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 the length of the loading or drop-off zone. This width shall be in addition to the minimum required access road width. Page 5 of 22 11086-0001\1658817v1.doc Section 503.3 is amended to read as follows: 503.3 Marking. 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. Section 504.1 is amended to read as follows: 504.1 Required access. Exterior doors and openings required by this code or the California 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 determined by the Fire Chief. Obstructions will not be placed as to interfere with ground ladder placement. Section 505.1 is amended to read as follows: 505.1 Address identification. 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 required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a 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. Address numbers shall be maintained. 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. Page 6 of 22 11086-0001 \1658817v1. doc 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 is amended to read as follows: Section 507.1 Required Water Supply. An approved permanent water supply capable of supplying the required fire flow for fire protection shall be provided 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. Section 507.3 is amended to read as follows: 507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by Appendix B or Appendix BB. Section 507.5.5 is amended to read as follows: 507.5.5 Clear space around hydrants. 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 1/2 "Outlets Super Hydrant - Enhanced Two, 4" Outlets, and One 2 '/2 "Outlet Section 508.1 is amended to read as follows: 508.1 General. 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 Page 7 of 22 11086-0001\1658817v1.doc 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. Section 508.1.2 is amended to read as follows: 508.1.2 Separation. 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 711 of the California Building Code, or both. The command center will have exterior access. 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 will also be placed in the fire sprinkler riser room. E. CHAPTER 6 BUILDING SERVICES AND SYSTEMS Section 601.3 is added to read as follows: 601.3 Construction Documents. Construction documents shall be submitted to the Temecula fire Department prior to the installation or modification of stationary lead -acid battery systems, valve -regulated lead -acid battery systems, mechanical refrigeration, solar photovoltaic power systems and commercial kitchen hoods. Section 606.8 is amended to read as follows: 606.8 Refrigerant detectors. 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 Page 8 of 22 11086-0001\1658817v1.doc 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. Emergency shutoff shall be automatically activated when the concentration of refrigerant vapor exceeds 25% of LFL. The detector shall transmit a signal to an approved location. Section 606.10.1.2 is amended to read as follows: Section 606.10.1.2 Manual Operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valve shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls. 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. F. CHAPTER 9 FIRE PROTECTION SYSTEMS Section 901.2.2 is added to read as follows: 901.2.2 As-built/Revised documents. Three (3) sets of as-built/revised drawings shall be submitted to the fire department for approval prior to final of any permits. As-builts/Revised drawings will not have redlines shown on them. 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 Code Official. Section 901.6 is amended to read as follows: 901.6 Inspection, testing and maintenance. Fire detection, alarm and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents 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 Department. Page 9 of 22 11086-0001\1658817v1.doc 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 3,600 square feet 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 3,600 square feet, 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 3,600 square shall have an approved automatic fire sprinkler system installed throughout therein. Section 903.2 is 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. These requirements supersede the requirements set forth in sections 903.2.1 through 903.2.11. Section 903.2.11.1.1 is 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 firefighting or rescue cannot be accomplished from the exterior. Section 903.3.1.3 is amended to read as follows: 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D and 1 through 5. 1. Sprinklers shall be installed in attached garages in accordance with Chapter 8 of NFPA 13D and amendments in Chapter 80 of the California Fire Code. 2. At least one intermediate temperature sprinkler shall be provided to protect any fuel fired equipment located in the attic space. 3. At least one intermediate temperature sprinkler shall be located above any attic access panels. 4. Local waterflow alarms shall be provided on all sprinkler systems. Page 10 of 22 11086-0001\1658817v1.doc 5. All underground fire sprinkler water supply piping shall be inspected, and flushed prior to connection to any overhead sprinkler piping. Section 903.3.7 is amended to read as follows: 903.3.7 Fire department connections. The location of the fire department connections shall be approved by the fire code official and shall be located within 40 -feet from the building it serves. The fire department connection height shall not be less than 36 inches or more than 48 inches above grade to the inlets. Section 903.4 is 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. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2 through 7 are deleted. Section 903.4.3 is 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 in all buildings. Valve locations will be placed in the fire sprinkler riser room on each riser. 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 904.2.1 is amended to read as follows: 904.2.1 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type 1 hood shall be protected with an approved automatic fire -extinguishing system installed in accordance with this code. All automatic fire -extinguishing systems will be required to be monitored by the fire alarm/sprinkler monitoring system. If a fire alarm/sprinkler monitoring system is not present, one will be required to be installed to provide monitoring for the automatic fire -extinguishing system. Section 905.3.12 is added to read as follows: Page 11 of 22 11086-0001 \1658817v1. doc 905.3.12 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 Code Official. 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. The FACP shall have a minimum 36 inches of face clearance and 6 inches side clearance from any other wall or equipment. 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 tenant 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. Section 907.2.19 is amended to read as follows: 907.2.19 Deep underground buildings. 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 907.5.2.2. 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. Section 912.2.1 is amended to read as follows: 912.2.1 Visible location. Fire department connections shall be located on the front access 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: Page 12 of 22 11086-0001 \1658817v1. doc 1. Within 50 -feet of an approved roadway or driveway with a minimum 40 - feet distance from the building it supplies 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 Code Official. 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. G. CHAPTER 23 MOTOR FUEL -DISPENSING FACILITIES AND REPAIR GARAGES Section 2303.2 is amended to read as follows: 2303.2 Emergency disconnect switches. 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 1/2 inches (12.7 mm) in stroke. Section 2304.4.1 is amended to read as follows: 2304.4.1 Approved containers required. Class 1, 11 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 Section 2306.2.2 is amended to read as follows: 2306.2.2 Above -ground tanks located inside buildings. Above -ground tanks for the storage of Class I, 11 and IIIA liquid fuels are allowed to be located in buildings. Such tanks shall be located in special enclosures complying with Section 2306.2.6, in a liquid storage room or a liquid storage warehouse Page 13 of 22 11086-0001\1658817v1.doc complying with Chapter 57, and shall be listed and labeled as protected above ground tanks. Section 2306.2.3 is amended to read as follows: 2306.2.3 Above -ground tanks located outside, above grade. 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] 2. Above -ground tanks used for above grade storage of Class II or IIIA liquids shall be listed and labeled as protected above -ground tanks and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3. 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] 5 [No Changes] Section 2306.2.4.1 is amended to read as follows: 2306.2.4.1 Tank capacity limits. 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. H. CHAPTER 32 HIGH PILED COMBUSTIBLE STORAGE Section 3201.3, Item #7, is amended to read as follows: 7. Location and classification of commodities in accordance with Section 2303 and NFPA 13. Section 3208.3 is amended to read as follows: 3208.3 Flue spaces. Flue spaces shall be provided in accordance with Table 3208.3. Required flue spaces shall be maintained. In double row racks a Page 14 of 22 11086-0001\1658817v1.doc pallet/commodity stop shall be provided along the longitudinal flue space at each level. The stop shall be steel or other ferrous material '/4" 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 34 TIRE REBUILDING AND TIRE STORAGE Section 3401.3 is added to read as follows: 3401.3 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 Section 3405.1 is amended to read as follows: 3405.1 Individual piles. Tire storage shall be restricted to individual piles that are 20 feet wide by 150 feet long. Pile width shall not exceed 20 feet. Piles shall not exceed 10 feet in height. Tires shall be placed on solid, level ground. Sections 3405.10 and 3405.11 are added to read as follows: 3405.10 Dead -End Aisles. No dead-end aisles shall be allowed within the facility. 3405.11 Stacking. The method of stacking shall be solid piles in an orderly stable array to be determined by the Fire Code Official J. CHAPTER 50 HAZARDOUS MATERIALS — GENERAL PROVISIONS Section 5001.1 is amended by deleting Exception no. 9. Section 5001.5.2 is amended to read as follows: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by Section 105.6 and 105.7 an application for a permit shall include an HMIS, such as Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III, Tier II Report, and 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 City of Temecula Fire Department shall include the following information: Page 15 of 22 11086-0001\1658817v1.doc 1. 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 percentage (%): 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. Chemical Abstract Service (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). 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. Page 16 of 22 11086-0001 \1658817v1. doc K. CHAPTER 53 COMPRESSED GASSES Section 5301.2 is amended to read as follows: 5301.2 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. Section 5301.3 is added to read as follows: 5301.3 Construction documents. Construction documents shall be submitted to the fire code official for approval prior to the installation or modification of compressed gas systems. L. CHAPTER 54 CORROSIVE MATERIALS Section 5401.2 is amended to read as follows: 5401.2 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. Section 5403.3 is added to read as follows: 5401.3 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 M. CHAPTER 58 FLAMMABLE GASES Section 5801.2 is amended to read as follows: 5801.2 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. Section 5801.3 is added to read as follows: 5801.3 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. Page 17 of 22 11086-0001\1658817v1.doc N. CHAPTER 61 LIQUIFIED PETROLEUM GASES Section 6101.2 is amended to read as follows: 6101.2 Permits. 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 6101.4 is added to read as follows: 6101.4 Operational Permit. An operational permit is required to operate an LP -Gas container 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. Section 6109.16 is added to read as follows: 6109.16 Idle Cylinders. Cylinders in storage, in any amount, awaiting use shall be stored outside of Group A occupancies. O. APPENDICIES 1. Appendix B Section B105.1 is amended to read as follows: B105.1 One- and two-family dwellings. The minimum fire -flow requirements for one- and two-family shall not be less than 2,000 gpm @ 20 psi residual pressure for a 2 hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. Delete Exception. Section B105.2 is amended to read as follows: B105.2 Buildings other than one- and two-family dwellings. 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. Page 18 of 22 11086-0001\1658817v1.doc Delete Exceptions. 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. 2. Appendix BB Section BB105.1 is amended to read as follows: BB105.1. 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. Delete Exception. 3. Appendix C Section C102.1 is amended to read as follows: C102.1 Fire hydrant locations. Fire hydrants shall be provided 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: c. Where new 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 Code official shall be provided at spacing not to exceed 350 feet of frontage for transportation hazards. 4. Appendix CC Section CC102.1 is amended to read as follows: CC102.1 Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. Fire hydrants used or installed for the frontage Page 19 of 22 11086-0001 \1658817v1. doc 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: c. Where new 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 Code official shall be provided at spacing not to exceed 350 feet of frontage for transportation hazards. 15.16.030 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. 15.16.040 Civil Remedies Available. 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. Page 20 of 22 11086-0001 \1658817v1. doc 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 21 of 22 11086-0001\1658817v1.doc PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2013. Michael Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2013, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Page 22 of 22 11086-0001\1658817v1.doc Susan W. Jones, MMC City Clerk REQUESTS TO SPEAK City Council Meeting 11/12/13 Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. IZ I wish to speak on Agenda Item No. Subject .a)/ ccItaitki- For Against Public Comment Please note that all information presented at a City Council meeting becomes public record % All information provided is optional. Name: trot Phone: ` � ,� If you are representing an organization or group, please give the name: ak,-kd Ou`rck dui REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 1t ��' 1S I wish to speak on Agenda Item No. Subject CR yvkk CA& t\-kU aI.Wt % 61-1 �1 �(e IA/DLL-VS qv Gtdv Cz IUL�C� � 5 For U Against 64—Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: 4,�('p�l,i Address: State/Zip Phone: ( If you are representing an organization or group, please give the name: .`r -e w2x4A IL.l. Lt5 euv%1 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date t'1 4/D1% 20/3 I wish to speak on Agenda Item No. Subject S S ❑ For 0 Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional Name: A4 ,b2/' 7I Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date Subject For Against Public Comment Please note that all infor lav` REQUEST TO SPEAK CITY OF TEMVIECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. 1/ - I wish to speak on A a Item No. (i- S CA -apo z i i A -JT- -3/ on presented at a City Council meeting becomes public record. All information provided is optional. Name- ] —'1� 7tI% 1 Phone: / _ 67J Address: - City/State/Zip If you are representing an organization or group, please give the name: 6144,4-i 4>-K At, avnrT.R-j..v 9/A `z I C—" ` " ' 7 d)L