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010813 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 8, 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. 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. al., real party in interest" Riverside County Superior Court No. RIC 1211312 3) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 13-01 Resolution: 13-01 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Joshua Jurkosky Invocation: Bishop Glenn Frazier of Beracah Faith Ministries International 1 Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from previous Mayor Chuck Washington to incoming Mayor Mike Naggar Service Awards — Mayor Pro Tem Edwards, Jim Meyler, Michael McCracken, and John Telesio, and Albert Blair Donation of Vineyard Panoramic — Bodhi Smith, Photographer Presentation — Mayor Naggar will draw Bike Raffle Winners "It's Not About the Bike" PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of December 11, 2012. 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 November 30, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2012. 5 Memorandum of Understanding Labor Agreement First Amendment — Cafeteria Plan Re -opener RECOMMENDATION: 5.1 Approve an Agreement, effective January 1, 2013, amending the Memorandum of Understanding (M.O.U.) Labor Agreement, effective July 1, 2011, between the City and the General Employees of the City of Temecula, represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. 6 Acceptance of Improvements and Notice of Completion for the Duck Pond Fence Replacement, PW11-08 RECOMMENDATION: 6.1 Accept the construction of the Duck Pond Fence Replacement, PW11-08, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 6.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 3 7 Fifth Amendment to the Agreement with KRW & Associates for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2012-13 RECOMMENDATION: 7.1 Approve a Fifth Amendment to the Agreement with KRW & Associates to increase the payment terms by $10,000 for a total contract amount of $70,000 for engineering plan check, map and legal description review for Fiscal Year 2012-13. 8 Award of a Construction Contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW 03-05 RECOMMENDATION: 8.1 Award a construction contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 to Granite Construction Company in the amount of $4,770,079; 8.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $477,007.90, which is equal to 10% of the contract amount; 8.3 Make a finding that the Pavement Rehabilitation — Main Street Bridge Over Murrieta Creek (Replacement) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09 RECOMMENDATION: 9.1 Approve an increase to the contingency of the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09, in the amount of $10,322.39 and increase the Interim City Manager approval authority by that same amount; 9.2 Accept the construction of the Citywide Slurry Seal Fiscal Year 2011-12, PW11- 09, as complete; 9.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 9.4 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Santiago Road Design Guideline RECOMMENDATION: 10.1 Approve the Santiago Road Design Guideline. 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 13-01 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. 11 Action Minutes RECOMMENDATION: 11.1 Approve the action minutes of December 11, 2012. 12 Third Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services RECOMMENDATION: 12.1 Approve the Third Amendment to the Willdan Financial Services Agreement to extend the term to December 31, 2013 and increase the payment by $39,500 for a five year contract total of $194,000. 6 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 22, 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 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 8 RECONVENE TEMECULA CITY COUNCIL 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. 13 Update on the Initial Study for a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11), a Development Plan to construct 120 apartment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PA12-0034 and PA12-0033) — Continued from November 13, 2012 RECOMMENDATION: 13.1 Review updated information and continue the public hearing to January 22, 2013. CITY COUNCIL BUSINESS 14 Public/Traffic Safety Commission Appointment RECOMMENDATION: 14.1 Appoint one applicant to serve a full three-year term on the Public/Traffic Safety Commission through October 10, 2015. 15 Community Services Commission Appointments RECOMMENDATION: 15.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2015. 16 Amendment to Ordinance No. 04-04 (Grading, Erosion and Sediment Control Ordinance) RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW 9 TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE -ORGANIZATIONAL REVISIONS 17 Highway 395 Corridor Study for Southwest Riverside County Update RECOMMENDATION: 17.1 Receive and file. 18 Formation of a Youth, Family and Health Regional Task Force (at the request of Mayor Naqqar) RECOMMENDATION: 18.1 Initiate the formation of a Youth, Family and Health Regional Task Force; 18.2 Appoint two members of the City Council to participate in the Youth, Family and Health Regional Task Force. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 22, 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. NONCE 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.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 10 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET DECEMBER 11, 2012 — 7:00 PM 5:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The Council will meet in closed session to consider the appointment of an interim city manager pursuant to Government Code Section 54957. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-020 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Ruben Valloza dba Audio Evolution. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms of acquisition of the property. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 27499 Commerce Center Drive, Temecula, California and identified as Assessor's Parcel Number 921-480-031 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms of acquisition of the property. 4) Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Eastern Municipal Water District v. City of Temecula, Westside Business Center, et al. defendants, , Riverside County Superior Court Case No. RIC 1107937. Action Minutes 121112 1 5) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. 6) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the Successor Agency to the Temecula Redevelopment Agency. 7) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. al., real party in interest" Riverside County Superior Court No. RIC 1211312 8) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 5:00 P.M., Mayor Washington called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:05 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Chaparral High School Choir Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington Action Minutes 121112 2 PRESENTATIONS/PROCLAMATIONS Pechanga Pu'eska Mountain Day Proclamation Certificate of Achievement presented to Great Oak Girls Cross Country State Champions PUBLIC COMMENTS The following individuals addressed the City Council: • George Rombach • Sam Alhadeff • Howard Omdahl CITY COUNCIL REPORTS 1 Declaration of Results of November 6, 2012 Municipal Election — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 12-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW CONSENT CALENDAR 2 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 Action Minutes — Approved Staff Recommendation (3-0-2, Council Member Comerchero and Roberts abstained) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with two abstentions. Council Member Comerchero and Council Member Roberts did not attend the November 27, 2012 City Council Meeting and therefore abstained. Action Minutes 121112 3 RECOMMENDATION: 3.1 Approve the action minutes of November 27, 2012. 4 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 12-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 5 City Treasurer's Report as of October 31, 2012 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of October 31, 2012. 6 Financial Statements for the Three Months Ended September 30, 2012 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. 7 Union Bank Banking Services — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve a five-year agreement of the City's contract for banking services with Union Bank, N.A.; 7.2 Authorize the Acting City Manager and City Attorney to execute all necessary agreements. 8 Approval of Fair Political Practices Form 806 Regarding the Appointment of City Council Members to Compensated Positions on Regional Boards — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. Action Minutes 121112 4 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS 9 Approval of Employment Agreement with Aaron Adams — Approved Staff Recommendation appointing Aaron Adams as Interim City Manager (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. City Council by unanimous vote appointed Aaron Adams the Interim City Manager for the City of Temecula and to have his employment agreement be changed to read Interim City Manager from Acting City Manager. RECOMMENDATION: 9.1 Approve the Employment Agreement for Aaron Adams. 10 Acceptance of a Declaration of Dedication for "Public Service Use" within existing Jedediah Smith Road Right -of -Way — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 12-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY 11 Approval of Real Property Interest Purchase Agreement for acquisition of property from Metropolitan Water District for Western Bypass Bridge Project, PW06-04 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT Action Minutes 121112 5 ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT NUMBER PW06-04 11.2 Authorize the Acting City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 11.3 Authorize the Acting Chief Financial Officer to issue a warrant for the sum of $6,430 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $2,000. 12 Parcel Map 36439 (located on the north side of Temecula Parkway east of Margarita Road) — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve Parcel Map 36439 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Monument Agreement and accept the Cash Deposit Agreement for Monumentation as security for this agreement. 13 Award of a Construction Contract for the Roripaugh Ranch Street Improvements Phase II, PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. City Attorney Thorson reported that Council Member Comerchero, Mayor Pro Tem Naggar and Mayor Washington do not have conflicts of interest and may participate. Although they have an interest with the managing member of Europa Vineyard Estates property which is nearby, the Fair Political Practices Commission (FPPC) said they do not have a Conflict of Interest and may participate in the construction of this stretch of road. The project that is being approved does not go past La Serena so it does not touch the western edge of the property but is within 500 feet. RECOMMENDATION: 13.1 Award the construction contract for Roripaugh Ranch Street Improvements Phase II, Project No. 09-02, to Hillcrest Contracting, Inc. in the amount of $6,167,947.35 for the base bid and $281,340 for Additive Bid No. 1 fora total contract amount of $6,449,287.35; 13.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of $644,928 which is equal to 10% of the total contract amount; 13.3 Approve in substantially the form attached the Reimbursement Agreement with Rancho California Water District (RCWD) for improvements to their facilities (Additive Bid No. 1) to be completed as part of this project; Action Minutes 121112 6 13.4 Authorize the Acting City Manager to approve the Reimbursement Agreement with RCWD for improvements to their facilities undertaken as part of this project; 13.5 Authorize payment of $322,464.37, which is equal to 5% of the cost of construction for the Multiple Species Habitat Conservation Plan (MHSCP). 14 Agreement for Geotechnical, Material Testing and Special Inspection for the Roripaugh Ranch Street Improvements, Phase II, PW09-02 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve an agreement with Leighton Consulting, Inc. to provide professional geotechnical, material testing and special inspection services associated with Roripaugh Ranch Street Improvements, Phase II, PW09-02, in the amount of $195,000; 14.2 Authorize the Acting City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $19,500, which is equal to 10% of the agreement amount. 15 Acceptance of Improvements and Notice of Completion for Citywide Concrete Repairs — Fiscal Year 2010-11, PW11-03 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Accept the construction of the Citywide Concrete Repairs — Fiscal Year 2010-11, PW11-03, as complete; 15.2 Direct the City Clerk to file and record the Notice of Completion, and release the Performance Bond and the Labor and Materials Bond. 16 Approval of an Agreement for Purchase of Equipment — Theater Energy Efficient Lighting, PW12-18 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve an agreement for purchase of equipment with Sacramento Theatrical Lighting, Ltd. in the amount of $222,054.45. Action Minutes 121112 7 17 Clarification of Resolution No. 12-08, Acceptance of Certain Public Streets within Parcel Map No. 28473 into the City -Maintained System (Via Industria between Roick Drive and Rio Nedo) — Approved Staff Recommendation (4-0-1, Mayor Washington abstained) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with one abstention. Mayor Washington did not participate because the business in which he has an interest, California T's, is subject to the acceptance of that street. Since it is on the Consent Calendar and was not pulled, Mayor Washington did not leave the dais. 17.1 Adopt a resolution entitled: RESOLUTION NO. 12-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CLARIFYING AND CONFIRMING THE LIMITED SCOPE OF THE ACCEPTANCE OF CERTAIN PUBLIC STREETS INTO THE CITY - MAINTAINED SYSTEM (WITHIN PARCEL MAP NO. 28473) EFFECTUATED BY CITY OF TEMECULA RESOLUTION 12-08 RECESS At 8:39 P.M., the City Council recessed and convened as the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency Meetings. At 8:44 P.M., the City Council resumed with regular business. PUBLIC HEARING 24 AB 1600 Financial Reports — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 24.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2012. By way of Power Point presentation, Revenue Manager, Rudy Graciano presented the staff report as per the Agenda Material. Action Minutes 121112 8 CITY COUNCIL BUSINESS 25 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2013 — Council Member Comerchero made the motion to appoint Mike Naggar to serve as Mayor for Calendar Year 2013; and Maryann Edwards to serve as Mayor Pro Tem through Calendar Year 2013; The motion was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 25.1 Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2013, to preside until the end of Calendar Year 2013; 25.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2013, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2013. DEPARTMENTAL REPORTS 26 Public Works Department Monthly Report 27 City Council Travel/Conference Report - November 2012 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that with respect to Item 1, City Council unanimously appointed Aaron Adams as the Interim City Manager. With respect to Item 2 and Item 3, City Council gave direction to staff for the negotiation of real property and final action would go back to City Council in open session. With respect to Item 4, Mayor Washington did not participate because his business in which he has an interest, California T's, is near the area involving that item, City Council did give direction to staff on this item, however, there is no reportable action. With respect to Item 5, there is no reportable action under the Brown Act. With respect to Item 6, City Council initiated litigation and directed the Office of Richards, Watson and Gershon to file litigation against the State of California, specifically the Department of Finance. With respect to Item 7 and Item 8, City Council gave direction to Richards, Watson and Gershon, however, there is no reportable action under the Brown Act. Action Minutes 121112 9 ADJOURNMENT At 8:54 P.M., the City Council meeting was formally adjourned to Tuesday, January 8, 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. *** Adjourned in Honor of Pu'eska Mountain *** Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 121112 10 Item No. 3 Approvals City Attorney Chief Financial Officer City Manager Oa CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Chief Financial Officer DATE: January 8, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, 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 $8,400,593.41. 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 8th day of January, 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 8th day of January, 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 11/29/2012 TOTAL CHECK RUN: 403,064.49 12/06/2012 TOTAL CHECK RUN: 2,756,660.17 12/13/2012 TOTAL CHECK RUN: 1,530,866.84 12/14/2012 TOTAL CHECK RUN: 20,360.00 12/20/2012 TOTAL CHECK RUN: 2,754,380.43 12/04/2012 TOTAL PAYROLL RUN: 458,219.87 12/13/2012 TOTAL PAYROLL RUN: 23,218.29 12/20/2012 TOTAL PAYROLL RUN: 453,823.32 TOTAL LIST OF DEMANDS FOR 01/08/2013 COUNCIL MEETING: $8,400,593.41 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 1,639,634.43 135 BUSINESS INCUBATOR RESOURCE 3,102.51 140 COMMUNITY DEV BLOCK GRANT 3,341.30 150 AB 2766 FUND 10,000.00 165 SARDA AFFORDABLE HOUSING 74,332.68 170 MEASURE A FUND 23,714.26 190 TEMECULA COMMUNITY SERVICES DISTRICT 402,182.55 192 TCSD SERVICE LEVEL B 76,598.83 194 TCSD SERVICE LEVEL D 4,568.80 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 14,332.64 197 TEMECULA LIBRARY FUND 22,053.88 210 CAPITAL IMPROVEMENT PROJECTS FUND 3,363,014.88 300 INSURANCE FUND 12,918.05 320 INFORMATION TECHNOLOGY 83,896.86 330 SUPPORT SERVICES 18,182.33 340 FACILITIES 68,052.10 380 SARDA DEBT SERVICE FUND 969,931.61 395 2011 FINANCING LEASE 2001 & 2008 COPS 534,114.16 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,074.02 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 3,454.70 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 559.53 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,080.67 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 13,075.87 477 CFD- RORIPAUGH 2,506.27 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 4,835.30 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,438.15 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 4,111.33 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 483.48 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 3,184.78 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,362.96 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,570.50 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 9,180.68 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 191.69 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 724.27 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 169.98 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 19,898.88 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,702.54 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,493.05 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 711.21 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,687.26 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 205.89 518 SERVICE LEVEL"C"ZONE 18TEMEKU HILLS 9,238.62 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,613.46 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 10,515.22 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 14,222.53 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 415.43 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 373.71 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 7,922.35 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 3,674.59 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 156.20 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 658.81 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 10,915.08 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 187.47 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,763.58 001 GENERAL FUND 594,661.67 140 COMMUNITY DEV BLOCK GRANT 3,076.01 165 SARDA AFFORDABLE HOUSING 13,083.24 190 TEMECULA COMMUNITY SERVICES DISTRICT 203,204.08 192 TCSD SERVICE LEVEL B 459.85 194 TCSD SERVICE LEVEL D 6,172.53 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 962.69 197 TEMECULA LIBRARY FUND 2,405.51 300 INSURANCE FUND 2,739.12 320 INFORMATION TECHNOLOGY 53,458.90 330 SUPPORT SERVICES 7,953.57 340 FACILITIES 21,318.01 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 184.90 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 123.94 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 147.35 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 26.89 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 298.47 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 54.09 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 76.69 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 506.80 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 5.07 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 22.91 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 15.45 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 338.17 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 72.15 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 41.69 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 36.38 516 SERVICE LEVEL"C"ZONE 16TRADEWINDS 84.24 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 7.39 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 313.22 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 167.82 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 454.40 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 768.88 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 18.39 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 20.17 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 432.47 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 139.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 6.36 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 20.17 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 637.59 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 8.64 700 CERT CALIFORNIA EE RETIREE-GASB45 20,736.24 7,465,331.93 935,261.48 TOTAL BY FUND: $8,400,593.41 apChkLst Final Check List Page: 1 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 155389 11/21/2012 000537 SO CALIF EDISON Oct 2-28-171-2620 Police Mall Stn 674.57 674.57 155390 11/21/2012 011961 AT&T MOBILITY Oct tripwire:Graffitti:Police 130.28 130.28 155391 11/29/2012 004918 A W DIRECT INC lock out kits: Paramedics 176.89 176.89 155392 11/29/2012 013367 ACTIVE MICRO INC misc tools/equip: pw traffic 113.52 113.52 155393 11/29/2012 004767 ALERT ALL CORPORATION public ed materials: Fire Prevention 1,831.75 1,831.75 155394 11/29/2012 014531 ALLEN EMBROIDERY SERVICE uniforms: Code Enf/Park Rangers 54.95 54.95 155395 11/29/2012 012830 ALMARAZ, OLIVIA refund:sec dep:rm rental:Harveston 200.00 200.00 155396 11/29/2012 013015 ALWAYS RELIABLE BACKF LOW backflow testing: city facilities 75.00 backflow svcs: slopes/facilities 150.00 backflow maint svc: various parks 1,725.00 backflow repairs: various parks 690.00 155397 11/29/2012 004422 AMERICAN BATTERY signal batteries: pw traffic 484.74 CORPORATION 155398 11/29/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 127.14 (AFN) 2,640.00 484.74 DUI & drug screenings: Police 296.66 DUI & drug screenings: Police 708.08 1,131.88 155399 11/29/2012 000747 AMERICAN PLANNING 10/12-9/13 mb: Kitzerow, Cheryl 295.00 295.00 ASSOCIATION 155400 11/29/2012 000936 AMERICAN RED CROSS staff certification cards:aquatics 210.00 210.00 155401 11/29/2012 002187 ANIMAL FRIENDS OF THE Aug -Sep animal control svcs 20,000.00 20,000.00 VALLEYS 155402 11/29/2012 004205 BALLET FOLKLORICO TCSD Instructor Earnings 154.00 TCSD Instructor Earnings 84.00 238.00 155403 11/29/2012 010350 BANNER MATTRESS (10) xl twin mattresses: Stn 84 3,637.47 3,637.47 155404 11/29/2012 003984 BENOIT, VINCENT H. entertainment: Winterfest 12/1-12/2 700.00 credit:State of CA case 880752292 -175.00 525.00 Pagel apChkLst 11/29/2012 12:36:50PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155405 11/29/2012 008605 BONTERRA CONSULTING 155406 11/29/2012 014329 BOOK WHOLESALERS, INC 155407 11/29/2012 000442 COMPUTER ALERT SYSTEMS 155408 11/29/2012 011692 (Continued) Description Oct cnslt svc:pch pkwy enviro mit (5) BOOKS: LIBRARY fire alarm repair svc:parking garage alarm svc: Stn 95 Oct -Dec alarm svc:Tem Marine Ctr CONVERGINT TECHNOLOGIES, equip maint: Info Tech LP 155409 11/29/2012 001264 COSTCO WHOLESALE 155410 11/29/2012 014501 COUNTYWIDE MECHANICAL SYSTEMS 155411 11/29/2012 010650 CRAFTSMEN PLUMBING & HVAC INC 155412 11/29/2012 014580 DANCE THEATRE COLLECTIVE 155413 11/29/2012 012614 DBX, INC. equip maint: Info Tech alarm system: Incubator misc supplies:artist reception 11/16 refreshments: Veterans Day Nov hvac maint svc:civic ctr/garage plumbing svcs: MPSC plumbing svcs: library plumbing svcs: Stn 73 plumbing repair: Stn 73 sttlmnt: danceXchange 11/20 signal head replacement:pw traffic 155414 11/29/2012 008943 DEPT OF GENERAL SERVICES .5 ALJ hours: Shufen Yang (DGS) 155415 11/29/2012 003945 DIAMOND ENVIRONMENTAL SRVCS 155416 11/29/2012 004192 DOWNS COMMERCIAL FUELING INC 155417 11/29/2012 002390 EASTERN MUNICIPAL WATER DIST Nov restroom svc: GOHS Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf/Pln Fuel for City vehicles: PW Maint Fuel for City vehicles: tcsd/parks Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW cipild/npdes Fuel for City vehicles: PW Id/npdes Nov water meter:Murrieta hot sprngs rd Nov water meter:39569 Seraphina rd Nov water meter:39656 Diego Dr Nov water meter:Murrieta hot sprngs rc Amount Paid Check Total 20,742.48 87.48 75.00 150.00 165.00 2,987.73 962.00 2,591.96 219.85 190.99 931.33 165.00 685.41 211.59 297.86 136.50 5,829.00 92.00 52.78 301.96 594.29 1,447.78 1,911.71 345.74 234.89 137.74 51.83 322.74 190.56 225.18 20,742.48 87.48 390.00 6,541.69 410.84 931.33 1,359.86 136.50 5,829.00 92.00 52.78 4,974.11 790.31 Page:2 apChkLst Final Check List Page: 3 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 155418 11/29/2012 001056 EXCEL LANDSCAPE irrigation repairs: villages slope 155419 11/29/2012 009953 FEDERAL CLEANING Nov janitorial svcs: PD mall office CONTRACTORS Amount Paid Check Total 224.87 224.87 751.50 751.50 Page:3 apChkLst 11/29/2012 12:36:50PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155420 11/29/2012 003347 FIRST BANKCARD CENTER 013301 RED GINGER CHINA BISTRO 015419 JEANNIE WRIGHT PRODUCTIONS 015420 LOGITECH (Continued) 008567 GODADDY.COM INC. 015421 SURVEYMONKEY.COM 010276 TIME WARNER CABLE 013851 STORM SOURCE, LLC 003198 HOME DEPOT, THE 006952 PAYPAL 001264 COSTCO WHOLESALE 007218 SWING INN CAFE 000193 ICMA 001264 COSTCO WHOLESALE 000210 LEAGUE OF CALIF CITIES 008956 PANERA BREAD 014583 PALUMBO'S RISTORANTE, LLC 005531 FRONT STREET BAR & GRILL 000733 ABBEY PARTY RENTS 000912 CITY CLERKS ASSN OF CALIF 015354 FACEBOOK.COM 015422 PRESS BOOKS.COM 015423 GRANT STATION.COM INC. 001264 COSTCO WHOLESALE 013338 APPLE STORE 008956 PANERA BREAD Description SJ meal: council closed mtg 10/23 SJ supplies: comm recog mtg 10/30 MH (10) h600 ear pads: library MH Oct bank transaction fees MH temeculaoutreach.org domain MH temeculagov survey svcs MH Oct high speed internet:info tech MH appointments plus annual fee GB lighting supplies: MPSC AA Verisign Payflow Pro Transaction AA furniture: Incubator AA lunch: museum contract mtg 10/29 RJ regist: webinar soc media RJ furniture: Incubator RJ regist: webinar legis brief Lowrey RJ lunch: regulatory agc mtg 11/1 RJ lunch: SW Riverside CM mtg 11/1 SJ meal: council closed mtg 10/9 SJ equip rental: comm recog mtg 10/30 SJ 12/13 mb: Jones/Flores/Domenoe PR (8) Facebook advertisements:TVE2 PR urban bikeway guide: Planning PR 2 yr mb: Grantstation.com PR furniture: Incubator PR (2) apple tvs/adapter: Incubator PR refreshments: webinar trn 10/18 PR Oct bank transaction fees 014531 ALLEN EMBROIDERY SERVICE PR embroidery svcs: Incubator 013338 APPLE STORE Amount Paid Check Total 173.43 160.00 21.55 39.00 60.36 24.00 235.47 963.00 86.07 190.90 2,262.73 29.09 149.00 2,101.09 25.00 243.28 66.16 234.99 160.19 350.00 240.00 54.95 238.00 646.49 241.46 175.96 39.00 101.94 MH iphone adapter council:info tech 40.95 Page:4 apChkLst Final Check List Page: 5 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 013338 APPLE STORE 008956 PANERA BREAD 006205 ROSAS CAFE & TORTILLA FACTORY 155421 11/29/2012 002982 FRANCHISE TAX BOARD 155422 11/29/2012 013552 GAN DS PRODUCTIONS LLC 155423 11/29/2012 009608 GOLDEN VALLEY MUSIC SOCIETY 155424 11/29/2012 013942 GRAY, JODIE 155425 11/29/2012 003299 HAYES, BARNEY 155426 11/29/2012 000520 HDL COREN & CONE INC (Continued) Description MH iphone adapter backup:info tech MH refreshments: permitting mtg 10/16 MH lunch: permitting mtg 10/16 order to withhold: case #880752292 sttlmnt: Country at the Merc 11/17 sttlmnt: Classics at the Merc Nov '12 reimb: appliance replacement Stn 84 entertainment:Western Days 5/19 Oct -Dec cnslt svcs: property tax 155427 11/29/2012 001517 HEALTH & HUMAN RESOURCE Oct EAP svcs: HR CTR 155428 11/29/2012 001135 HEALTHPOINTE MEDICAL GROUP INC 155429 11/29/2012 001013 HINDERLITER DE LLAMAS & ASSOC 155430 11/29/2012 003624 HOWELL, ANN MARIE 155431 11/29/2012 015424 HUTCHISON QUALITY FURNITURE 155432 11/29/2012 009693 INLAND VALLEY CLASSICAL BALLET 155433 11/29/2012 012065 LANCE, SOLL & LUNGHARD LLC 155434 11/29/2012 013987 LAW OFFICES OF Nov EAP svcs: HR Aug EAP svcs: HR Sept EAP svcs: HR emp industrial care svcs: HR emp industrial care svcs: HR emp industrial care svcs: HR emp industrial care svcs: HR 2nd qtr cnslt svcs: sales tax GRAPHIC DESIGN SVCS: ECO DEV (6) replacement chairs: Stn 92 sttlmnt: Nutcracker 11/21-11/25 Due Diligence Review: Econ Dev AUG -OCT LEGAL SVC:WESTERN BYPASS Amount Paid Check Total 40.95 77.82 59.64 9,532.47 175.00 175.00 266.25 266.25 1,120.70 1,120.70 150.84 150.84 400.00 400.00 5,250.00 5,250.00 664.40 664.40 664.40 664.40 2,657.60 25.00 85.00 45.00 151.87 306.87 8,837.21 8,837.21 4,756.00 4,756.00 614.18 614.18 4,995.32 4,995.32 8,000.00 8,000.00 1,516.63 1,516.63 Page:5 apChkLst Final Check List Page: 6 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155435 11/29/2012 003726 LIFE ASSIST INC medical supplies: Paramedics 12.57 medical supplies: Paramedics 3.32 medical supplies: Paramedics 360.83 medical supplies: Paramedics 140.86 medical supplies: Paramedics 515.54 medical supplies: Paramedics 12.58 medical supplies: Paramedics 340.86 1,386.56 155436 11/29/2012 014228 LSK, LLC Dec lease pmt: harveston center 4,853.88 4,853.88 155437 11/29/2012 003782 MAIN STREET SIGNS misc street signs: pw street maint 699.94 699.94 155438 11/29/2012 000217 MARGARITA OFFICIALS ASSN Nov officiating srvcs:sports pgrm 3,852.00 3,852.00 155439 11/29/2012 006571 MELODY'S AD WORKS INC. Reimbursables:old town promotions 322.64 Reimbursables:old town promotions 34.44 Reimbursables:old town promotions 61.52 418.60 155440 11/29/2012 001892 MOBILE MODULAR 11/8-12/7 OATC lease agreement: Fire 614.18 614.18 155441 11/29/2012 001986 MUZAK LLC Dec dish network programing:foc 123.18 123.18 155442 11/29/2012 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings 5.60 TCSD Instructor Earnings 134.40 TCSD Instructor Earnings 67.20 207.20 155443 11/29/2012 002925 NAPA AUTO PARTS Credit:auto parts & misc supplies/Fire -12.93 Misc auto supplies: Fire Prevention 118.51 105.58 155444 11/29/2012 000727 NATIONAL FIRE PROTECTION NFPA 13 handbook: Fire Prevention 98.66 98.66 ASSN 155445 11/29/2012 002139 NORTH COUNTY TIMES 11/24/12-11/23/13 subscr:theater 98235 165.00 165.00 155446 11/29/2012 010334 OBMANN, REBECCA ee computer loan prgm 1,507.51 1,507.51 155447 11/29/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:C. Museum 85.32 DIV Credit:misc office supplies/C. Museum -42.24 43.08 155448 11/29/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW Maint 155449 11/29/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 906.97 737.69 1,644.66 21.53 21.53 Page:6 apChkLst Final Check List Page: 7 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155450 11/29/2012 001171 ORIENTAL TRADING COMPANY misc supplies for csd holiday events 1,048.10 1,048.10 INC 155451 11/29/2012 015033 PACIFIC MUNICIPAL 9/29-10/26 consult srvcs:housing element 922.50 922.50 CONSULTANTS 155452 11/29/2012 000249 PETTY CASH Petty Cash Reimbursement 706.54 706.54 155453 11/29/2012 010652 QUALITY CODE PUBLISHING Municipal Code svcs: City Clerk 1,637.44 1,637.44 155454 11/29/2012 014494 R & R CONTROLS, INC ac repair srvcs: foc 917.90 917.90 155455 11/29/2012 000262 RANCHO CALIF WATER Novvarwater meters:TCSD svc IevC 19,019.67 DISTRICT Oct Lndscp meter:Calle Elenita 140.63 Oct Lndscp meter:41951 Moraga Rd 835.40 Nov var water meters:TCSD & PW 236.47 20,232.17 155456 11/29/2012 000220 ROBINSON PRINTING & Printing service: TCC 701.45 701.45 CREATIVE 155457 11/29/2012 013061 ROSENSTEIN, ROBERT Refund:eng deposit/penny dome 995.00 995.00 155458 11/29/2012 012251 ROTH, DONALD J. TCSD Instructor Earnings 693.00 693.00 155459 11/29/2012 005630 SADDLEBACK MATERIALS CO., sand bags: pw street maint 2,262.75 2,262.75 INC 155460 11/29/2012 009213 SHERRY BERRY MUSIC Jazz @ the Merc 11/15 520.80 520.80 155461 11/29/2012 000537 SO CALIF EDISON Oct 2-33-357-5785:44747 Redhawk pkwy 27.21 Oct 2-30-099-3847:29721 Ryecrest 24.63 Oct 2-30-296-9522:31035 Rancho visti 405.72 Nov 2-34-624-4452:32131 S Loop rd lc 616.23 Oct 2-28-331-4847:32805 Pauba rd LS 90.46 1,164.25 155462 11/29/2012 001212 SO CALIF GAS COMPANY Oct 181-383-8881-6:Museum 63.99 Oct 129-535-4236-7:Civic Center 1,096.20 Oct 021-725-0775-4:Senior Center 113.67 Oct 101-525-0950-0:Comm Center 21.53 Oct 026-671-2909-8:Comm Theater 122.71 Oct 196-025-0344-3:C. Museum 32.52 Oct 133-040-7373-0:Maint Fac 22.43 Oct 129-582-9784-3:43230 Bus pk dr 87.49 Oct 091-024-9300-5:30875 Rancho vis 2,733.19 4,293.73 Page:7 apChkLst Final Check List Page: 8 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155463 11/29/2012 000519 SOUTH COUNTY PEST pest control srvcs:pbsp snack bar SP -08 70.00 70.00 CONTROL INC 155464 11/29/2012 000293 STADIUM PIZZA INC Refreshments:holidayfloat 137.76 137.76 155465 11/29/2012 013387 SWEEPING UNLIMITED INC Nov sweeping srvcs: of parking garage 500.00 500.00 155466 11/29/2012 012380 TEMECULA PIZZA CO. Refreshments:Team PACE 12/4 94.15 94.15 155467 11/29/2012 004260 TEMECULA STAMP & Self inking stamp:sb&o risk mgmt div 38.33 38.33 GRAPHICS 155468 11/29/2012 010493 TEMECULA TOWNE CENTER Dec lease payment: pd mall office 1,458.33 1,458.33 ASSOC LP 155469 11/29/2012 011736 TEMECULA TROPHY INC Recognition award:K. Ammerman 64.65 64.65 155470 11/29/2012 010046 TEMECULA VALLEY Sep '12 Bus. Impry District Asmnts 102,680.32 102,680.32 CONVENTION & 155471 11/29/2012 004274 TEMECULA VALLEY SECURITY locksmith srvcs: various park sites 17.78 17.78 CENTR 155472 11/29/2012 000668 TIMMY D PRODUCTIONS INC Sound services: Family Fun Night 6/18 350.00 Rental equip: CRC Rocktober event 10 625.00 975.00 155473 11/29/2012 002452 TOP LINE INDUSTRIAL misc equip parts: pw street maint 72.32 72.32 155474 11/29/2012 006192 TRISTAFF GROUP temp helpw/e 11/11/12 B. Randall 883.20 883.20 155475 11/29/2012 005460 U S BANK Trustee admin fees: Crowne Hill 2,500.00 2,500.00 155476 11/29/2012 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint 473.75 473.75 AMERICA 155477 11/29/2012 008977 VALLEY EVENTS INC Equip rentals: Halloween event 10/26 1,971.00 Rental: J.Dominguez ribbon cutting 9/1 532.50 2,503.50 155478 11/29/2012 014848 VALUTEC CARD SOLUTIONS, Oct ShoWare gift card srvcs: Theater 39.16 39.16 LLC Page:8 apChkLst 11/29/2012 12:36:50PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155479 11/29/2012 004261 VERIZON 155480 11/29/2012 004789 VERIZON (Continued) Description Oct xxx-0073 general usage Nov xxx-5072 general usage Nov xxx-8165 Alarm lines: Enterprise ci Nov xxx-0074 general usage Nov Internet svcs:Tem PD DSL Nov Internet svcs: Library Nov Internet svcs: Civic Center 155481 11/29/2012 015301 VINEYARD BLIND & SHUTTER Window coverings: Sta 73 155482 11/29/2012 009101 VISION ONE INC 155483 11/29/2012 002658 VOLLMUTH, MARY Oct ShoWare ticketing srvcs: Theater Reimb:P-Card Trng webinar 12/11/12 155484 11/29/2012 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: var park sites 155485 11/29/2012 003730 WEST COAST ARBORISTS INC 10/1-15/12 tree trim & maint srvcs: pw 155486 11/29/2012 000621 WESTERN RIVERSIDE COUNCIL OF 155487 11/29/2012 000621 WESTERN RIVERSIDE COUNCIL OF 155488 11/29/2012 008402 WESTERN RIVERSIDE COUNTY 155489 11/29/2012 000341 WILLDAN ASSOCIATES INC 155490 11/29/2012 009512 WURMS JANITORIAL SERVICES, INC 155491 11/29/2012 000348 ZIGLER, GAIL 999240 11/16/2012 015432 CROWDER, SANDRA 999241 11/16/2012 015433 FERNANDEZ, YVONNE 999242 11/16/2012 015434 SCHWARZBECK, CARLOS Oct '12 TUMF payment FY 11/12 Clean Cities Coalition Dues Oct '12 MSHCP payment 8/27-9/28 ENG SRVCS:PW TRAFFIC 8/27-9/28 ENG SRVCS:PW TRAFFIC 8/27-9/28 ENG SRVCS:PW TRAFFIC Oct janitorial srvcs:pd civic center Reimb:holidayevent supplies refund:Adult co-ed golf 1501.206 refund:sec dep:rm rental:Harveston refund:Adult co-ed golf 1501.206 Amount Paid Check Total 100.16 1,540.02 94.41 2,773.02 49.99 174.99 269.99 700.00 1,661.00 35.00 19.31 3,670.00 74,772.00 10,000.00 14,892.00 960.00 1,040.00 400.00 242.25 249.04 75.00 200.00 75.00 4,507.61 494.97 700.00 1,661.00 35.00 19.31 3,670.00 74,772.00 10,000.00 14,892.00 2,400.00 242.25 249.04 75.00 200.00 75.00 Page:9 apChkLst Final Check List Page: 10 11/29/2012 12:36:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 999243 11/16/2012 015435 YOUNG, DIANE 999244 11/27/2012 015383 BOHMANN, ANGELICA 999245 11/29/2012 015437 CALAVAN, JUDITH 999246 11/27/2012 015438 LEWIS, JONATHAN 999247 11/27/2012 015439 ROGOFF, HEATHER (Continued) Description refund:sec dep:picnic rental:Temeku refund:Petite chefs 1365.202 refund:Salsa/bachata beg dance partial refund:sec dep:rm refund:picnic rental:RRSP Amount Paid Check Total 200.00 200.00 45.00 45.00 45.00 45.00 138.00 138.00 60.00 60.00 Grand total for UNION BANK OF CALIFORNIA: 403,064 49 Page:10 apChkLst Final Check List Page: 11 11129/2012 12:36:50PM CITY OF TEMECULA 111 checks in this report. Grand Total All Checks: 403,064.49 Page:11 apChkLst Final Check List Page: 1 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2052 11/30/2012 014685 COMPASS BANK '112001 & 2008 cert/part debt svc 534,114.16 534,114.16 2053 12/06/2012 000245 PERS- HEALTH INSUR Blue Shield HMO Payment 0.00 PREMIUM PERS Health Admin Cost Payment 88,632.65 88,632.65 2054 12/06/2012 000444 INSTATAX (EDD) State Disability Ins Payment 30,582.56 30,582.56 2055 12/06/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 141,730.16 141,730.16 RETIREMENT) 2056 12/06/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 12,448.65 12,448.65 SOLUTION 2057 12/06/2012 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,198.72 7,198.72 2058 12/06/2012 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 120,021.03 120,021.03 303355 2059 12/06/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 109,935.82 109,935.82 2060 12/06/2012 010349 CALIF DEPT OF CHILD Support Payment 1,222.49 1,222.49 SUPPORT 2061 12/06/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,638.12 2,638.12 SOLUTION 155492 12/06/2012 003552 A F L A C AFLAC Cancer Payment 3,064.10 3,064.10 155493 12/06/2012 004973 ABACHERLI, LIN DI TCSD instructor earnings 525.00 525.00 155494 12/06/2012 013295 ABBOTT CARDIOVASCULAR property tax reimb owner agmnt fy 11/12 159,716.00 159,716.00 SYSTEMS 155495 12/06/2012 004802 ADLERHORST INTERNATIONAL Oct training: PD Kgs Rudy/Astin 283.34 283.34 INC 155496 12/06/2012 015448 ALDRICH, JAMES reimb: Fire Prev 3A conf Monterey 1,275.95 1,275.95 Pagel apChkLst Final Check List Page: 2 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155497 12/06/2012 003859 ALL ABOUT SELF STORAGE Description Amount Paid Check Total Dec G702 storage unit: Recreation Nov G702 storage unit: Recreation Dec C332 storage unit: Ch Museum Dec C351 storage unit: TV Museum Dec C354 storage unit: TV Museum Nov C332 storage unit: Ch Museum Nov C354 storage unit: TV Museum Nov C351 storage unit: TV Museum 155498 12/06/2012 015447 ALL AMERICAN refund:sec dep:Ball fields l-4:PHBSP 155499 12/06/2012 014531 ALLEN EMBROIDERY SERVICE uniforms: B&S Dept 155500 12/06/2012 009787 ALTEC INDUSTRIES INC boom truck repair: pw maint vehicle maint: Pw Traffic 155501 12/06/2012 004422 AMERICAN BATTERY signal batteries: Pw Traffic CORPORATION 155502 12/06/2012 013950 AQUA CHILL OF SAN DIEGO 100.00 100.00 184.00 239.00 192.00 184.00 192.00 239.00 1,430.00 1,000.00 1,000.00 53.88 53.88 3,025.38 930.00 3,955.38 708.55 708.55 drinking water sys maint: Police 26.94 drinking water sys maint: Civic Ctr 155503 12/06/2012 015260 ARMSTRONG PRODUCTS, INC. display cases: TV Museum 155504 12/06/2012 004561 AUDIO EVOLUTION 2nd/3rd instllmnt:architectural svcs 155505 12/06/2012 009597 BALL, DIANE reimb: staff uniforms 155506 12/06/2012 008868 BANK OF SACRAMENTO Escrw 2893-165 RJ Noble/Marg Rd prjt 2 155507 12/06/2012 015445 BARCELO ENTERPRISES, INC. supplies: holidays Civic Ctr 155508 12/06/2012 013482 BAS SECURITY Nov security svcs: Harveston 10/11-31 security svcs: Harveston 155509 12/06/2012 003984 BENOIT, VINCENT H. 155510 12/06/2012 004040 BIG FOOT GRAPHICS 148.70 175.64 850.00 850.00 4,700.00 4,700.00 120.31 120.31 48,768.06 48,768.06 600.00 600.00 1,496.00 1,020.00 2,516.00 credit:State of CA case 880752292 -175.00 entertainment: winterfest 12/8-12/9 TCSD instructor earnings TCSD instructor earnings 155511 12/06/2012 010962 BILBY, DAVID reimb: planetbids users conf long beach 700.00 525.00 364.00 490.00 854.00 109.35 109.35 Page2 apChkLst Final Check List Page: 3 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155512 12/06/2012 014284 BLAKELY'S TRUCK SERVICE 155513 12/06/2012 014329 BOOK WHOLESALERS, INC 155514 12/06/2012 014299 BOOKS ON TAPE 155515 12/06/2012 004462 C D W GOVERNMENT INC 155516 12/06/2012 003138 CAL MAT 155517 12/06/2012 010939 CALIF DEPT OF INDUSTRIAL 155518 12/06/2012 004248 CALIF DEPT OF JUSTICE-ACCTING 155519 12/06/2012 001267 CALIF DEPT OF MOTOR VEHICLES Description Amount Paid Check Total vehicle maint: pw maint vehicle maint: pwmaint vehicle maint: pwmaint vehicle maint: pwmaint (1) BOOK: LIBRARY (4) BOOKS: LIBRARY (3) BOOKS: LIBRARY (1) BOOK: LIBRARY (2) BOOKS: LIBRARY (2) BOOKS: LIBRARY (5) BOOKS: LIBRARY (4) BOOKS: LIBRARY (3) BOOKS: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (6) BOOKS: LIBRARY (212) BOOKS: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (2) BOOK: LIBRARY (1) BOOK: LIBRARY (2) BOOKS: LIBRARY (1) book on tape: library (3) meraki access pts: library PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 870.32 144.00 652.88 975.47 19.76 65.27 44.17 15.19 39.42 38.90 90.17 46.89 48.16 10.65 24.13 86.89 3,000.00 25.11 18.71 21.01 24.55 17.78 36.83 2,642.67 3,673.59 36.37 36.37 2,460.35 2,460.35 823.28 470.88 534.07 427.01 424.04 713.25 158.97 3,551.50 157048 elevator insp: parking garage 225.00 157049 elevator insp: parking garage 225.00 450.00 DUI & drug screenings: Police 70.00 70.00 96M61 B Police ATV registration 75.00 77M97B Police ATV registration 75.00 150.00 Pages apChkLst Final Check List Page: 4 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155520 12/06/2012 004971 CANON FINANCIAL SERVICES, INC 155521 12/06/2012 000131 CARL WARREN & COMPANY INC 155522 12/06/2012 014726 CHAPTER 13 STANDING TRUSTEE 155523 12/06/2012 000137 CHEVRON AND TEXACO 155524 12/06/2012 005585 CHING, MARIA 155525 12/06/2012 015090 CLEARWATER SYSTEMS CORP 155526 12/06/2012 005447 CLEMENTS, BRIAN 155527 12/06/2012 005410 COLE, TOM 155528 12/06/2012 004405 COMMUNITY HEALTH CHARITIES 155529 12/06/2012 002756 COMPLETE EMBROIDERY DESIGNS 155530 12/06/2012 000442 COMPUTER ALERT SYSTEMS 155531 12/06/2012 002945 CONSOLIDATED ELECTRICAL DIST. 155532 12/06/2012 001264 COSTCO WHOLESALE 155533 12/06/2012 014501 COUNTYWIDE MECHANICAL SYSTEMS Description Amount Paid Check Total NOV COPIER LEASE: CIVIC CENTER Oct liability claims mgmt: sb&o SUPPORT PMT City vehicles fuel: Police City vehicles fuel: Police reimb: staff uniforms hvac water syst maint: civic ctr reimb: staff uniforms reimb: staff uniforms Community Health Charities Payment uniform embroidery:CAP bb caps alarm maint: police misc electrical supplies:harveston misc electrical supplies: civic center misc electrical supplies: civic ctr misc electrical supplies: var parks misc electrical supplies: parks misc supplies: Team PACE REFRESHMENTS: TV MUSEUM misc supplies: Human Services HVAC svcs: Info Tech 155534 12/06/2012 013379 COUSSOU, CELINE TCSD Instructor Eamings 3,004.54 2,610.32 182.77 2,145.20 20.00 126.01 550.00 121.68 125.00 44.00 90.51 123.05 367.08 410.53 137.38 115.54 82.96 333.37 382.36 131.85 870.00 3,004.54 2,610.32 182.77 2,165.20 126.01 550.00 121.68 125.00 44.00 90.51 123.05 1,113.49 847.58 870.00 63.00 63.00 Page4 apChkLst Final Check List Page: 5 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155535 12/06/2012 010650 CRAFTSMEN PLUMBING & hvac maint: Stn 84 534.43 534.43 HVAC INC 155536 12/06/2012 014364 CUNNINGHAM, GRISELDA TCSD Instructor Eamings 399.00 CLEMENTINA TCSD Instructor Eamings 220.50 619.50 155537 12/06/2012 013041 CURBY, DARRYL refund:eng grad dept 39865 cantrell 995.00 995.00 155538 12/06/2012 015300 CVR COMPUTER SUPPLIES toner cartridges: info tech 1,912.25 toner cartridges: info tech 1,880.50 3,792.75 155539 12/06/2012 003272 DAISYWHEEL RIBBON plotter paper &ink: GIS 768.62 768.62 COMPANY INC 155540 12/06/2012 005766 DATA BUSINESS SYSTEMS INC 1099NV2 misc tax forms:a&p dept 284.36 284.36 155541 12/06/2012 001393 DATA TICKET, INC. Oct parking citation svcs: Police 1,262.22 1,262.22 155542 12/06/2012 002990 DAVID TURCH & ASSOCIATES Dec legislative cnslt svcs: CM 3,500.00 Nov legislative cnslt svcs: CM 3,500.00 Oct legislative cnslt svcs: CM 3,500.00 10,500.00 155543 12/06/2012 015428 DE LA ROSA, ARNOLDO refund:fac rental fee:CRC 200.00 200.00 155544 12/06/2012 012931 DE ROCHE, SUSAN refund: security deposit CRC 150.00 150.00 155545 12/06/2012 003945 DIAMOND ENVIRONMENTAL EQUIP RENTAL: LIGHTTOWERS 910.00 SRVCS HALLOWEEN grease interceptor svc: TCC 322.50 grease interceptor svc: MPSC 322.50 Dec restroom svcs: Vail Ranch Park 52.78 Dec restroom svcs: Veterans Park 52.78 Dec restroom svcs: Long Caynon Park 52.78 Dec restroom svcs: Riverton Park 52.78 1,766.12 155546 12/06/2012 004192 DOWNS COMMERCIAL Fuel for City vehicles: Police 51.24 51.24 FUELING INC 155547 12/06/2012 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 308.00 AILEEN TCSD Instructor Eamings 196.00 TCSD Instructor Eamings 112.00 TCSD Instructor Eamings 318.50 TCSD Instructor Eamings 406.00 TCSD Instructor Eamings 322.00 TCSD Instructor Eamings 238.00 TCSD Instructor Eamings 196.00 2,096.50 Pages apChkLst Final Check List Page: 6 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155548 12/06/2012 000164 ESGIL CORPORATION Oct plan check svcs: B&S 155549 12/06/2012 001056 EXCEL LANDSCAPE landscape imprv: rancho highlands irrigation repairs: vintage hills slope irrigation repairs: rancho highlands irrigation repairs: villages slope irrigation repairs: villages slope— landscape imprv: civic center irrigation repairs: vail ranch slope irrigation repairs: vail ranch slope roof drain repair: civic center IRRIGATION REPAIRS: VAIL RANCH SLO IRRIGATION REPAIRS: VAIL RANCH SLO irrigation repairs: vail ranch slope 155550 12/06/2012 010804 FEHR & PEERS ASSOCIATES OCT CNSLT SVC: JEFFERSON CORRIDOR 155551 12/06/2012 014830 FIBERLINK COMMUNICATION CORP 2,235.07 2,235.07 1,745.00 263.74 120.19 305.99 404.87 432.00 59.50 245.83 169.65 266.68 240.27 264.94 4,518.66 4,288.75 4,288.75 MDM monthly usage 48.20 MDM monthly usage Annual fee:MaaS360 mobile devices:IT MDM monthly usage 155552 12/06/2012 007651 FILIP PIS PIZZA GROTTO Refreshments:ee holiday luncheon 12/12 155553 12/06/2012 011922 FIRST AMERICAN CORELOGIC Oct database subscr: code enf INC 155554 12/06/2012 003281 FOREMOST PROMOTIONS promo items:PD Crime Prevention 155555 12/06/2012 002982 FRANCHISE TAX BOARD order to withhold: case #880752292 155556 12/06/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 155557 12/06/2012 009097 FULL COMPASS SYSTEMS soundAighting supplies: Theater soundAighting supplies: Theater 155558 12/06/2012 010326 G E MOBILE WATER, INC 155559 12/06/2012 003946 G T ENTERTAINMENT 53.02 867.15 33.74 1,342.56 200.00 1,490.50 175.00 4.89 228.03 1,002.11 1,342.56 200.00 1,490.50 175.00 4.89 56.11 284.14 Nov washer maint: Stn 73 59.00 Nov washer rent: Stn 73 25.86 84.86 mc/sound svcs: light parade 12/7 500.00 500.00 Pages apChkLst Final Check List Page: 7 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155560 12/06/2012 001937 GALLS INC Description Amount Paid Check Total uniforms: Police uniforms: Police uniforms: Police uniforms: Police 155561 12/06/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 12/1 155562 12/06/2012 014173 GOLDSTAR ASPHALT PRODUCTS 155563 12/06/2012 015430 GONZALES, SARAH JO 155564 12/06/2012 003792 GRAINGER 155565 12/06/2012 000186 HANKS HARDWARE INC 155566 12/06/2012 001517 HEALTH & HUMAN RESOURCE CTR 155567 12/06/2012 003198 HOME DEPOT, THE 155568 12/06/2012 004406 IGOE & COMPANY INC 155569 12/06/2012 013695 INLAND EMPIRE SHRED IT 82.85 107.19 473.01 351.70 1,014.75 641.25 641.25 slurry seal supplies:6th st prkng lot 334.03 slurry seal supplies:6th st parking lot 1,353.34 slurry seal supplies:6th st parking lot dance/chorus inst: High Hopes pgrm misc stage supplies: Theater 890.02 2,577.39 180.00 180.00 45.86 45.86 Hardware supplies: Fire 326.76 Hardware supplies: PW Traffic 313.19 Hardware supplies: TV Museum 6.66 Hardware supplies: MPSC 1.01 Hardware supplies: TCC 1848 Hardware supplies: parks/pw 156.70 Hardware supplies: Haveston Park 15.40 Hardware supplies: PW Maint 1,635.51 Hardware supplies: Library 91.66 Hardware supplies: Ch Museum 89.58 Hardware supplies: Parks/MPSC 972.05 Hardware supplies: CRC 187.34 Hardware supplies: B&S 36.33 Hardware supplies: Theater 61.23 Hardware supplies: Code Enf 50.62 3,962.52 Jul EAP svcs: HR 664.40 664.40 misc supplies: light parade 160.52 160.52 Nov flex benefit plan pmt 200.00 200.00 11/5 doc shred svcs: PD substation 11/12 doc shred svcs: PD mall offc 9/10 doc shred svcs: Library 9/10 doc shred svcs: CRC 11/5 doc shred svcs: Civic Ctr 11/5 doc shred svcs: Library 11/5 doc shred svcs: CRC 15.00 15.00 15.00 16.73 50.00 15.00 16.95 143.68 Page:7 apChkLst Final Check List Page: 8 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155570 12/06/2012 006914 INNOVATIVE DOCUMENT Oct copier maint/usage: Library 823.51 SOLUTIONS Oct copier maint/usage: citywide 5,953.54 6,777.05 155571 12/06/2012 015450 INSTITUTE FOR SUPPLY 12/13 ISM mb: Vollmuth, Mary 85.00 85.00 MGMNT 155572 12/06/2012 001407 INTER VALLEY POOL SUPPLY misc pool supplies: crc/tes 769.08 769.08 INC 155573 12/06/2012 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 80.00 80.00 155574 12/06/2012 013200 JAROTH INC Dec pay phones:duck pond,Library,CRC 212.64 212.64 155575 12/06/2012 002575 JONES, SUSAN W. reimb:'12 new law/election San Jose 60.43 60.43 155576 12/06/2012 000820 K R W & ASSOCIATES Oct eng plan check svc: pw Id 2,145.00 2,145.00 155577 12/06/2012 015358 KELLY PAPER COMPANY, INC. copy paper: central services 3,110.20 3,110.20 155578 12/06/2012 015444 LA -Z -BOY, INC. (3) chair repairs: Stn 73 297.00 297.00 155579 12/06/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 756.00 756.00 155580 12/06/2012 004905 LIEBERT, CASSIDY& Oct HR legal svcs for TE060-01 9,574.37 9,574.37 WHITMORE 155581 12/06/2012 003726 LIFE ASSIST INC medical supplies: Paramedics 2.50 2.50 155582 12/06/2012 013982 MCI COMM SERVICE Nov xxx-0714 gen usage:PD mall alarm 31.33 Nov xxx-0346 general usage 30.68 62.01 155583 12/06/2012 015018 MAASBERG, LAURA CITLALI TCSD Instructor Eamings 63.00 63.00 155584 12/06/2012 003782 MAIN STREET SIGNS misc street signs: pw street maint 51.72 51.72 155585 12/06/2012 004141 MAINTEX INC misc cleaning supplies: var facilities 2,515.96 2,515.96 155586 12/06/2012 014184 MALCOLM SMITH Veh repair & maint:pd motorcycles 1,168.53 MOTORCYCLES, INC Veh repair & maint:pd motorcycles 1,023.35 2,191.88 155587 12/06/2012 013826 MALL MEDIA INC Misc supplies:winter special events 813.53 813.53 Pages apChkLst Final Check List Page: 9 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155588 12/06/2012 011920 MASTER CONCEPTS LLC 155589 12/06/2012 014392 MC COLLOUGH, JILL DENISE Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 1,102.50 1,029.00 220.50 991.90 367.50 1,038.10 367.50 1,176.00 450.10 441.00 1,102.50 882.00 1,102.50 661.50 514.50 588.00 294.00 1,047.38 1,092.00 1,102.50 735.00 514.50 16,820.48 Nov interior plants lease:civic center 525.00 Nov interior plants lease:library 200.00 725.00 155590 12/06/2012 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equip:PW Traffic 776.89 776.89 155591 12/06/2012 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment COMPANY 155592 12/06/2012 012962 MILLER, MISTY TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 155593 12/06/2012 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings ANN 155594 12/06/2012 010908 MR APPLIANCE OF WINCHESTER 155595 12/06/2012 013375 MYERS-RUSSO, ERICA 7,224.38 7,224.38 196.00 490.00 112.00 798.00 453.60 453.60 kitchen equip prey maint:tcc 460.04 kitchen equip prey maint:crc 231.55 KITCHEN EQUIP PREV MAINT:MPSC TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 155596 12/06/2012 015416 NEW ATLANTA Web engine for safari:info tech COMMUNICATIONS LLC 460.04 1,151.63 176.40 126.00 37.80 340.20 1,795.00 1,795.00 Page9 apChkLst Final Check List Page: 10 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155597 12/06/2012 015122 NI GOVERNMENT SERVICES, Aug satellite phone service: Fire/EOC INC. 155598 12/06/2012 015449 ODVIAR, AVLIN reimb: fr vlly pkwy mtg Sacramento 155599 12/06/2012 010167 ODYSSEY POWER Equip repair & maint:data rm & UPS CORPORATION Equip repair & maint:data rm & UPS 155600 12/06/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pw depts DIV Misc office supplies:land dev Misc office supplies:pw traffic Misc office supplies:pw maint Misc office supplies:pw depts Misc office supplies:pw depts Misc office supplies:cip Misc office supplies:old town pd office 155601 12/06/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks 155602 12/06/2012 002105 OLD TOWN TIRE &SERVICE CITY VEHICLE MAINT SVCS:POLICE CITYVEHICLE MAINT SVCS:POLICE 155603 12/06/2012 001171 ORIENTAL TRADING COMPANY misc supplies:csd holiday events INC 228.95 228.95 79.05 79.05 997.50 710.00 253.08 1,707.50 36.29 2.06 121.01 18.60 152.58 46.58 178.30 808.50 446.34 223.96 670.30 42.99 43.06 268.05 86.05 MISC SUPPLIES:TINY TOT PGRM 57.50 MISC SUPPLIES: HIGH HOPES PGRM 222.00 Misc supplies:Team PACE pgrm 109.67 657.22 155604 12/06/2012 000249 PETTY CASH Petty Cash Reimbursement 389.92 389.92 155605 12/06/2012 010338 POOL & ELECTRICAL water fountain supplies: civic center 159.72 159.72 PRODUCTS INC 155606 12/06/2012 002185 POSTMASTER PO Box Fee:Police/892050 460.00 460.00 155607 12/06/2012 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 195.35 195.35 INC 155608 12/06/2012 003697 PROJECT DESIGN 10/8-11/4 eng srvcs:Murr Crk Bridge 11,986.60 11,986.60 CONSULTANTS 155609 12/06/2012 004457 R J NOBLE COMPANY Oct const:pave rehab marg rd proj 2 926,592.83 926,592.83 Page:10 apChkLst Final Check List Page: 11 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155610 12/06/2012 000262 RANCHO CALIF WATER DISTRICT 155611 12/06/2012 000947 RANCHO REPROGRAPHICS 155612 12/06/2012 000907 RANCHO TEMECULA CAR WASH 155613 12/06/2012 013632 RELIANCE CHURCH 155614 12/06/2012 003591 RENES COMMERCIAL MANAGEMENT 155615 12/06/2012 002412 RICHARDS WATSON & GERSHON Description Amount Paid Check Total Nov Lndscp meter:Meadows pkwy 266.35 Nov var water meters:TCSD svc lev C Nov var water meters:TCSD & PW Nov Lndscp meter:Campanula way Nov Lndscp meter:near 43734 Meadows Nov 01-02-02001-0:30875 Rancho Vista Nov var water meters:Fire Stns Reprographic srvcs:pw land dev Oct vehicle detailing srvcs:var. depts refund:credit bal:Pennypickles wkshp weed abatement: city lots Sept 2012 legal services Oct 2012 legal services Oct 2012 legal services 15,008.83 2,191.32 159.17 345.80 538.73 552.63 19,062.83 11.85 11.85 84.00 84.00 50.00 50.00 10,350.00 10,350.00 4,528.75 6,720.00 139,537.58 150,786.33 155616 12/06/2012 001592 RIVERSIDE CO INFO Oct radio rental:police/prkrngrs 1,002.36 1,002.36 TECHNOLOGY 155617 12/06/2012 000406 RIVERSIDE CO SHERIFFS FY 12/13 CAL -ID mbr assessment 92,508.00 92,508.00 DEPT 155618 12/06/2012 000406 RIVERSIDE CO SHERIFFS Int. Traffic Collision 1/14-16 N. Farley 199.00 199.00 DEPT 155619 12/06/2012 000406 RIVERSIDE CO SHERIFFS Int Traffic Collision 1/7-11 K. Bikul 199.00 199.00 DEPT 155620 12/06/2012 000406 RIVERSIDE CO SHERIFFS DUI tmg 1/22-24 K. Bikul 148.00 148.00 DEPT 155621 12/06/2012 014347 ROBERTS, PATRICIA G. TCSD Instructor Eamings 192.50 192.50 155622 12/06/2012 000873 ROBERTS, RONALD H. reimb: NLC Congress Expo Boston 748.27 748.27 155623 12/06/2012 012251 ROTH, DONALD J. TCSD Instructor Eamings 224.00 224.00 155624 12/06/2012 015316 S & S INTERIORS, INC. resurface floors:sixth st rr renovation 1,678.50 1,678.50 Pagel 1 apChkLst Final Check List Page: 12 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155625 12/06/2012 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 155626 12/06/2012 000278 SAN DIEGO UNION TRIBUNE 155627 12/06/2012 013582 SAN DIEGU ITO PUBLISHERS INC 155628 12/06/2012 008529 SHERIFFS CIVIL DIV - CENTRAL 155629 12/06/2012 009213 SHERRY BERRY MUSIC 155630 12/06/2012 000537 SO CALIF EDISON pe 10/21 subcr srvcs:mpsc pe 10/28 subcr srvcs:mpsc pe 11/4 subcr srvcs:mpsc pe 11/11 subcr srvcs:mpsc Printing srvcs:recreation brochure Printing srvcs:recreation brochure SUPPORT PAYMENT Jazz © the Merc 11/29 Jazz © the Merc 11/30 Nov 2-28-904-7706:32329 Overland Trl Nov 2-21-981-4720:30153 Tem pkwy TPP Nov 2-25-393-4681:41951 Moraga rd Nov 2-31-536-3655:41904 Main St Nov 2-34-333-3589:41702 Main St Nov 2-29-933-3831:43230 Bus pk dr Nov 2-19-171-8568:28300 Mercedes st Nov 2-31-536-3481:41902 Main St Nov 2-29-223-8607:42035 2nd St PED Nov 2-32-903-8293:41000 Main St Nov 2-18-937-3152:28314 Mercedes st Nov 2-14-204-1615:30027 Front st rdio Nov 2-02-351-4946:Senior Center Nov 2-35-074-2847:27495 Enterprise cir w Nov 2-29-807-1226:28077 Diaz rd PED Nov 2-31-031-2616:27991 Diaz rd PED Nov 2-31-282-0665:27407 Diaz rd PED Nov 2-29-657-2787:41638 Winchester Nov 2-29-807-1093:28079 Diaz rd PED Nov 2-31-419-2873:43000 Hwy -395 Nov 2-29-953-8249:46497 Wolf crk dr Nov 2-29-953-8082:31523 Wolf vly rd Nov 2-29-295-3510:32211 Wolf vly rd Nov 2-27-371-8494:42189 Winchester Nov 2-31-536-3226:28690 Mercedes Nov 2-00-397-5042:43200 Bus pk dr #1 Nov 2-29-224-0173:var Fire Stns 658.73 658.73 19.50 6.50 6.50 6.50 14,694.02 1,350.12 100.00 588.00 367.50 133.84 22.58 423.80 867.76 22.68 1,421.23 50.06 248.18 539.04 8,698.75 540.38 32.79 913.48 82.93 22.77 23.03 23.03 22.24 22.65 22.13 27.36 28.02 743.40 31.78 1,252.21 1,543.82 1,639.42 39.00 16,044.14 100.00 955.50 19,399.36 Page:12 apChkLst Final Check List Page: 13 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155631 12/06/2012 001212 SO CALIF GAS COMPANY 155632 12/06/2012 000519 SOUTH COUNTY PEST CONTROL INC 155633 12/06/2012 013935 SOUTHERN CALIFORNIA EDISON CO 155634 12/06/2012 013935 SOUTHERN CALIFORNIA EDISON CO 155635 12/06/2012 000293 STADIUM PIZZA INC 155639 12/06/2012 007762 STANDARD INSURANCE COMPANY 155640 12/06/2012 012723 STANDARD INSURANCE COMPANY 155641 12/06/2012 008337 STAPLES BUSINESS ADVANTAGE 155642 12/06/2012 006145 STENO SOLUTIONS TRANSCRIPTION 155643 12/06/2012 001546 STRAIGHT LINE GLASS 155644 12/06/2012 010773 SWEET LUMPY BBQ LLC 155645 12/06/2012 000305 TARGET BANK BUS CARD SRVCS 155646 12/06/2012 001547 TEAMSTERS LOCAL 911 Description Amount Paid Check Total Nov 095-167-7907-2:30650 Pauba rd 181.17 Nov 101-525-1560-6:27415 Enterprise cir 159.71 Nov 125-244-2108-3: Library 175.74 Nov 055-461-2483-4:40135 Village rd 23.93 Nov 091-085-1632-0:TES Pool 14.79 Oct 117-188-6393-6:32131 S Loop rd 53.85 609.19 Nov pest control srvcs:Cityfacs 816.00 816.00 elec srvcsAight sys @ gohs tennis crts 14,080.26 14,080.26 Utility relocation srvcs:F.V. Pkwy 464.31 464.31 Refreshments:Special Games 11/26 498.08 498.08 Mandatory Life Insurance Payment 8,749.30 8,749.30 Voluntary Supp Life Insurance Payment 800.50 800.50 Portable GPS units:Police CAP vehicles 387.87 Credit:GPS units:Police CAP vehicles -96.98 290.89 Transcription srvcs:police 66.64 66.64 display cabinet glass:council chamber 2,283.88 install window film:cc canyon conf rm 2,053.00 4,336.88 Rfrshmnts:Christmas parade 12/7 1,327.50 1,327.50 MISC SUPPLIES:CHILDREN'S MUSEUM 3.25 Misc supplies:high hopes pgrm 147.80 MISC SUPPLIES:CHILDREN'S MUSEUM 19.55 Misc supplies:mpsc 195.99 Misc supplies:tcc 48.19 414.78 Union Dues Payment 4,737.00 4,737.00 155647 12/06/2012 009150 TEMECULA GLASS & MIRROR Display case:history museum INC 134.99 134.99 Page:13 apChkLst Final Check List Page: 14 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155648 12/06/2012 003677 TEMECULA MOTORSPORTS Veh repair & maint:police motorcycles 194.73 LLC Veh repair & maint:police motorcycles 1,031.28 1,226.01 155649 12/06/2012 004260 TEMECULA STAMP & Rubber & pre -inked stamps: Prevention 351.30 351.30 GRAPHICS 155650 12/06/2012 005970 TEMECULA VALLEY PLAYERS Adv ticket sales -A Christmas Carol 13,034.19 13,034.19 155651 12/06/2012 004274 TEMECULA VALLEY SECURITY locksmith srvcs: temeku hills park 102.11 102.11 CENTR 155652 12/06/2012 003941 TEMECULA WINNELSON plumbing supplies:mpsc 28.22 28.22 COMPANY 155653 12/06/2012 003149 TERRA CAL CONSTRUCTION Rel. stp ntc:Robertson/Low Flow Crss 78.75 78.75 INC 155654 12/06/2012 010276 TIME WARNER CABLE Dec high speed internet:40135 Village rd 235.47 Dec high speed internet:Civic Center 4,317.04 Dec high speed internet:Library 501.81 5,054.32 155655 12/06/2012 010558 TRADE IN.COM INC Office Furniture:TVE2 680.24 680.24 155656 12/06/2012 006192 TRISTAFF GROUP temp help w/e 11/18 B. Randall 883.20 883.20 155657 12/06/2012 000325 UNITED WAY United Way Charities Payment 25.00 25.00 155658 12/06/2012 004261 VERIZON Novxxx-2886 gen usage:Harveston 88.79 88.79 155659 12/06/2012 014486 VERIZON WIRELESS 11/16-12/15 Broadband usage:City 418.94 418.94 155660 12/06/2012 013647 VICAR OPERATING, INC. Veterinary srvcs: Police K-9 722.85 722.85 155661 12/06/2012 014418 VIDACARE CORPORATION Medical supplies: Medics 486.53 486.53 155662 12/06/2012 006248 WALKER, JESSICA TCSD Instructor Eamings 420.00 420.00 155663 12/06/2012 003730 WEST COAST ARBORISTS INC tree trim & removal: saddlewood slope 1,274.00 tree trim & removal: various parks 2,545.00 tree trim & removal: harveston slope 294.00 tree trim & removal: vintage hills slope 14,637.00 18,750.00 Page:14 apChkLst Final Check List Page: 15 12/06/2012 12:19:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155664 12/06/2012 014949 WESTERN CITY MAGAZINE '13 subscr renewal: csd #45255 39.00 39.00 155665 12/06/2012 000341 WILLDAN ASSOCIATES INC OCT ON-CALL ENG SRVCS:PW 960.00 TRAFFIC OCT TRAVEL DEMAND MODEL ENG SR' 2,100.00 3,060.00 155666 12/06/2012 004567 WITCHER ELECTRIC electircal equip:parking garage 1,365.00 1,365.00 155667 12/06/2012 006290 WOODCREST VEHICLE Veh repair & maint:police 39.29 39.29 CENTER 999248 11/30/2012 013930 AVENDANO, MELYNDA refund:sec dep:rm rental:Harveston 200.00 200.00 999249 11/30/2012 015442 AYAN, CYNTHIA refund:sec dep:rm rental:Harveston 200.00 200.00 999250 11/30/2012 015443 DANKEL, AMY refund:sec dep:rm rental:Harveston 200.00 200.00 999251 11/30/2012 012062 MCCRACKEN, MICHAEL refund:sec dep:rm rental:Harveston 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 2,756,660.17 Page:15 apChkLst Final Check List Page: 16 12/06/2012 12:19:58PM CITY OF TEMECULA 187 checks in this report. Grand Total All Checks. 2,756,660.17 Page:16 apChkLst Final Check List 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2062 12/13/2012 000444 INSTATAX (EDD) 2063 12/13/2012 000283 INSTATAX (IRS) 2064 12/12/2012 005460 U S BANK 2065 12/12/2012 005460 U S BANK 155668 12/13/2012 013367 ACTIVE MICRO INC 155669 12/13/2012 008552 ADKINS DESIGN CONSULTING 155670 12/13/2012 014531 ALLEN EMBROIDERY SERVICE 155671 12/13/2012 012943 ALPHA MECHANICAL SERVICE INC 155672 12/13/2012 008131 AMERICAN ASSOC OF 155673 12/13/2012 004240 AMERICAN FORENSIC NURSES (AFN) 155674 12/13/2012 001323 ARROWHEAD WATER INC 155675 12/13/2012 011961 AT&T MOBILITY Description State Income Taxes Payment Federal Income Taxes Payment '06 B RDA tax bonds debt srvc pmt '07 RDA tax bonds debt srvc pmt misc tools/equip: pw traffic Nov graphic design svc: theater staff identification jackets: tcsd staff identification jackets: tcsd hvac repair svcs: childrens museum hvac repair svcs: fld op ctr hvac diagnostic insp: fld op ctr smoke detector: harveston community service grant funding DUI & drug screenings: Police DUI & drug screenings: Police Jan stand by fee: Police Bottled wtr svcs: CM Bottled wtr svcs: PBSP Bottled wtr svcs: Skate Park Bottled wtr svcs: TES Bottled wtr svcs: CHS Bottled wtr svcs: Theater Bottled wtr svcs: Library Bottled wtr svcs: TCC Bottled wtr svcs: FId Op Ctr Bottled wtr svcs: Ch Museum Bottled wtr svcs: TV Museum Bottled wtr svcs: CRC Bottled wtr svcs: Harveston Amount Paid Check Total 2,288.89 9,675.84 126,736.81 680,578.80 661.09 1,515.23 512.67 192.01 683.90 131.42 80.00 309.26 1,000.00 157.14 508.56 1,248.00 38.91 35.70 6.45 6.45 6.45 32.46 67.93 20.94 111.52 24.48 19.11 63.04 20.94 2,288.89 9,675.84 126,736.81 680,578.80 661.09 1,515.23 704.68 1,204.58 1,000.00 1,913.70 454.38 Nov Trip wire:Graffitti:Police 130.34 130.34 Page:1 apChkLst Final Check List 12113/2012 5:18:54PM CITY OF TEMECULA PAYROLL Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155676 12/13/2012 014377 ATYIM, TAMMY A. (Continued) Description TCSD Instructor Earnings 155677 12/13/2012 015464 BENEVOLENT & PROTECTIVE refund:sec dep:gym rental:CRC 155678 12/13/2012 003984 BENOIT, VINCENT H. 155679 12/13/2012 004262 BIO-TOX LABORATORIES 155680 12/13/2012 012583 BLANCA Y PRICE 155681 12/13/2012 008605 BONTERRA CONSULTING 155682 12/13/2012 014329 BOOK WHOLESALERS, INC 155683 12/13/2012 014299 BOOKS ON TAPE 155684 12/13/2012 006908 C C & COMPANY INC 155685 12/13/2012 003138 CAL MAT 155686 12/13/2012 005321 CALIF ASSOC OF CODE 155687 12/13/2012 015458 CASTILLEJO, GUSTAVO 155688 12/13/2012 VO I D 155689 12/13/2012 VOID 155690 12/13/2012 VOID 155691 12/13/2012 VOID entertainment:old town winterfest credit:State of CA case 880752292 DUI & drug screenings: Police DUI & drug screenings: Police DVI & drug screenings: Police Oct landscape insp: planning Amount Paid Check Total 559.30 150.00 1,050.00 -262.50 1,183.50 721.20 761.00 12,840.50 8/11-10/12 ENVIRO CNSLT:MURR CRK 11,285.24 BRG (1) BOOK: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (1) BOOK: LIBRARY (1) book on tape: Library entertainment:tree lighting 12/6 entertainment:high hopes holiday PW patch truck materials '13 CACE mb: Johnston, Rich '13 CACE mb: Ball, Diane '13 CACE mb: Cole, Tom '13 CACE mb: Ching, Maria refund:permit fees ret. wall:B12-2041 20.53 14.51 15.16 18.41 25.86 225.00 150.00 161.34 75.00 75.00 75.00 75.00 176.50 559.30 150.00 787.50 2,665.70 12,840.50 11,285.24 68.61 25.86 375.00 161.34 300.00 176.50 Page2 apChkLst Final Check List Page: 3 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155692 12/13/2012 VOID 155693 12/13/2012 VOID 155694 12/13/2012 VOID 155695 12/13/2012 VOID 155696 12/13/2012 VOID 155697 12/13/2012 VOID 155698 12/13/2012 VOID 155699 12/13/2012 VOID 155700 12/13/2012 VOID 155701 12/13/2012 VOID 155702 12/13/2012 VOID 155703 12/13/2012 VOID (Continued) Description 155704 12/13/2012 013430 ENERSPECT MEDICAL AED program supplies: Paramedics SOLUTIONS Amount Paid Check Total 2,249.15 2,249.15 155705 12/13/2012 011203 ENVIRONMENTAL CLEANING Nov janitorial svcs: parks 5,265.00 5,265.00 Page:3 apChkLst Final Check List 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155706 12/13/2012 003665 EXCEL COMMERCIAL 155707 12/13/2012 001056 EXCEL LANDSCAPE 155708 12/13/2012 000165 FEDERAL EXPRESS INC 155709 12/13/2012 003347 FIRST BANKCARD CENTER 012818 PLANETBIDS INC 008885 MIRAMONTE RESORT & SPA 006952 PAYPAL 000871 HILTON 002377 BEST BUY COMPANY INC 002377 BEST BUY COMPANY INC 155710 12/13/2012 002982 FRANCHISE TAX BOARD 155711 12/13/2012 003946 G T ENTERTAINMENT 155712 12/13/2012 001937 GALLS INC 155713 12/13/2012 011048 GROVE, BETTE 155714 12/13/2012 005311 H2O CERTIFIED POOL WATER SPCL. 155715 12/13/2012 002109 HD SUPPLY CONSTR. SUPPLY LTD 155716 12/13/2012 002701 HUB INT'L INSURANCE SERVCS INC 155717 12/13/2012 011228 INLAND PLANNING AND DESIGN INC (Continued) Description Nov long distance phone svcs Nov landscape maint: city facilities Nov landscape maint: parks Nov landscape maint: parks Nov landscape maint: south slopes Nov landscape maint: north slopes 10/11-30 city express mail services GW regist: planetbids conf DB/MV GW refund htl indian wells conf GW Verisign Payflow Pro Transaction RR htl: SCAG RC mtg LA 10/31 JC case: iphone replacement JC power charger: iphone order to withhold: case #880752292 DJ:winterfest Children's Museum mc svcs:breakfast with santa 12/15 uniforms: Police Volunteers uniform svcs: Police Volunteers uniform svcs: Police Volunteers uniform svcs: Police Volunteers uniform svcs: Police Volunteers refund:sec dep:rm rental:CRC Nov maint svcs: crc/tes pools Nov fountain maint: town square Nov fountain maint: civic ctr MISC MAINT SUPPLIES: PW MAINT Nov '12 special events premiums CONSULTING SRVCS:JEFFERSON CORRIDOR - Amount Paid Check Total 54.40 9,443.13 47,825.10 50,935.88 34,844.87 19,749.97 242.59 290.00 -231.88 59.95 121.00 37.70 86.19 262.50 400.00 350.00 215.50 52.40 25.89 7.00 21.43 200.00 900.00 175.00 500.00 96.87 648.65 54.40 162,798.95 242.59 362.96 262.50 750.00 322.22 200.00 1,575.00 96.87 648.65 2,900.00 2,900.00 Page:4 apChkLst Final Check List Page: 5 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155718 12/13/2012 010412 JOHNSON POWER SYSTEMS generator maint: fld op ctr 226.86 generator maint: city hall 230.73 GENERATOR MAINT: LIBRARY 246.34 generator maint: civic ctr 244.18 emerg generator prey maint:var 232.53 1,180.64 155719 12/13/2012 012285 JOHNSTONE SUPPLY plumbing parts: tcc safe building 257.52 257.52 155720 12/13/2012 015358 KELLY PAPER COMPANY, INC. letterhead envelopes:central svcs 217.06 217.06 155721 12/13/2012 015461 KHADIR, MAHASA refund:Santa's electric light parade 75.00 75.00 155722 12/13/2012 014952 KOCH, LEE A. sttlmnt: Lee Koch in the Merc 12/8 567.00 567.00 155723 12/13/2012 007188 LAERDAL MEDICAL CORP. CPR program supplies: Paramedics 591.49 591.49 155724 12/13/2012 015459 LAKE ELSINORE UNIFIED refund: balance IW visit 24.50 24.50 SCHOOL 155725 12/13/2012 014631 LASD VOLUNTEER (6) staff: 3rd annl law enf vol conf 150.00 150.00 ASSOCIATION 155726 12/13/2012 009686 LECHUSZA, ALAN lecture stipend for radio exhibit 200.00 200.00 155727 12/13/2012 003726 LIFE ASSIST INC medical supplies: Paramedics 330.54 medical supplies: Paramedics 2.89 333.43 155728 12/13/2012 VOID 155729 12/13/2012 015460 NACK, BONNIE refund:Senior excursion 4100.205 8.00 8.00 155730 12/13/2012 015468 NAMI - TEMECULA VALLEY refund:sec dep:rm rental:MPSC 200.00 200.00 155731 12/13/2012 000727 NATIONAL FIRE PROTECTION 3/1/13-2/28/14 mbrshp: R.J. 2695530 165.00 165.00 ASSN 155732 12/13/2012 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 525.00 496.30 496.30 147.00 1,664.60 155733 12/13/2012 014460 PATEL, MEERA refund:sec dep:rm rental:CRC 200.00 200.00 Page:5 apChkLst Final Check List Page: 6 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155734 12/13/2012 000249 PETTY CASH Petty Cash Reimbursement 819.98 819.98 155735 12/13/2012 011549 POWER SPORTS UNLIMITED Veh repair & maint:Police 129.58 129.58 155736 12/13/2012 014379 PROFESSIONAL IMAGE Storage & maint:street banners 237.91 237.91 ADVERTISING 155737 12/13/2012 007051 RALPHS Cookies: Breakfast with Santa 359.80 359.80 155738 12/13/2012 000262 RANCHO CALIF WATER Nov var water meters:TCSD svc lev C 22,530.00 DISTRICT Nov water meter-comm:28640 Pujol St 8.04 Nov var water meters:PW 166.44 Nov var water meters:var Fire Stns 546.24 Nov var water meters:PW 906.65 Nov var water meters:PW 173.84 Nov var water meters:PW 94.49 Nov var water meters:TCSD Fac 3,221.40 Nov var water meters:TCSD & PW 1,025.99 28,673.09 155739 12/13/2012 015467 RCH PROPERTIES -I, LLC reimb of dep:afford hsg @ Pujol 50,000.00 50,000.00 155740 12/13/2012 000353 RIVERSIDE CO AUDITOR Oct '12 prkg citation assessments 4,038.63 4,038.63 155741 12/13/2012 001365 RIVERSIDE COUNTY OF Jul -Sep '12 vector control srvcs 5,270.63 5,270.63 155742 12/13/2012 000815 ROWLEY, CATHY TCSD Instructor Earnings 409.50 409.50 155743 12/13/2012 015364 SEASIDE ICE, LLC PARTIAL PMT/ICE SKATING RINK:OLD 9,125.00 9,125.00 TOWN 155744 12/13/2012 009213 SHERRY BERRY MUSIC Jazz @ the Merc 12/6 577.00 577.00 Page apChkLst Final Check List Page: 7 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155746 12/13/2012 000537 SO CALIF EDISON Description Oct -Nov 2-35-164-3242:44270 Meadows Oct -Nov 2-35-164-3770:43487 Butterfit Nov 2-00-397-5067:TCSD svc lev C Nov 2-30-520-4414:32781 Tem pkwy L Nov 2-29-479-2981:31454 Tem pkwy 1 Nov 2-29-974-7899:26953 Ynez rd LS; Nov 2-05-791-8807:31587 Tem pkwy L Nov 2-31-031-2590:28301 Rancho Cal Nov 2-20-798-3248:C. Museum Nov 2-10-331-2153:28816 Pujol St Nov 2-02-351-5281:CRC Nov 2-27-805-3194:42051 Main St Nov 2-02-502-8077:43210 Bus pk dr B Nov 2-28-629-0507:Library Nov 2-25-350-5119:45602 Redhawk Nov 2-30-066-2889:30051 Rancho vist Nov 2-29-458-7548:32000 Rancho Cal Nov 2-30-220-8749:45850 N Wolf crk c Nov 2-31-404-6020:28771 OT Frnt St Nov 2-29-953-8447:31738 Wolf vly rd Nov 2-29-657-2332:45538 Redwood Nov 2-31-936-3511:46488 Pechanga Nov 2-29-657-2563:42902 Butterfield Oct -Nov 2-35-164-3515:32932 Leena v Oct -Nov 2-35-164-3663:42335 Meadov 155747 12/13/2012 012652 SOUTHERN CALIFORNIA Dec gen usage:0141,0839,2593,9306 155748 12/13/2012 005786 SPRINT Oct 26 -Nov 25 cellular usage/equip 155749 12/13/2012 003000 STATE WATER RESOURCES Storm water permit:O.T. Infrastructure 155750 12/13/2012 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 155751 12/13/2012 003599 T Y UN INTERNATIONAL 9/29-11/2 CONSULTING SRVCS:WNCHSTR/I15 9/29-11/2 CONSULTING SRVCS:F.V. 155752 12/13/2012 012558 TEMECULA HILLS CHRISTIAN refund:sec dep:rm rental:Conf ctr AB 155753 12/13/2012 004274 TEMECULA VALLEY SECURITY locksmith srvcs: civic center CENTR locksmith srvcs: tem marine center 155754 12/13/2012 000919 TEMECULA VALLEY UNIFIED Student interviews:Every 15 Min Prgm SCHOOL Amount Paid Check Total 43.47 60.53 2,204.60 1,019.15 89.89 158.19 8,900.98 22.99 837.53 618.88 3,577.79 3,263.14 411.71 5,542.17 26.83 25.77 319.25 580.68 1,925.36 25.51 25.77 51.68 201.55 42.29 42.29 30,018.00 491.41 491.41 5,420.07 5,420.07 582.00 582.00 343.00 343.00 105,328.99 200,546.20 305,875.19 150.00 150.00 86.24 327.53 413.77 403.77 403.77 Page:7 apChkLst Final Check List Page: 8 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155755 12/13/2012 010276 TIME WARNER CABLE (Continued) Description Dec high speed internet:42081 Main St 155756 12/13/2012 000668 TIMMY D PRODUCTIONS INC Sound technician: ann'I tree lighting 155757 12/13/2012 015463 TUCKER, DANIELLE 155758 12/13/2012 015465 NHS BEARBACKERS 155759 12/13/2012 015462 TWINING, CHRIS 155760 12/13/2012 014866 TWM ROOFING, INC 155761 12/13/2012 008558 VALLEY OF THE MIST QUILTERS 155762 12/13/2012 004261 VERIZON 155763 12/13/2012 004789 VERIZON 155764 12/13/2012 004848 VERIZON SELECT SERVICES INC 155765 12/13/2012 015466 ZHANG, XIANGKAI & DANA T. 155766 12/13/2012 000348 ZIGLER, GAIL 999252 12/06/2012 015453 GABIOLA, CHASTINE 999253 12/06/2012 015454 LEE, ANTHONY 999254 12/06/2012 015455 MYERS, CHANTAL 999255 12/06/2012 015456 RUBIN, CECILIA 999256 12/06/2012 015026 RUIZ, DEMILYN refund:Santa's electric Tight parade refund:sec dep:rm rental:CRC refund:Santa's electric light parade roof prey maint srvcs: var facilities refund:sec dep:rm rental:Conf ctr AIB Dec xooc-6540 gen usage:Roripaugh FS Dec kcc-2941 gen usage:Bus incubator Nov Internet svc:SW DSL:PD:Jones, C. Dec Internet svcs:Theater Dec long distance phone svcs Nov long distance phone svcs refund:eng grad dep:LD10-020GR Reimb:Tree lighting supplies Reimb:rfrshmnts council mtg 12/11 refund:Bright scholars 6015.101 refund:Scuba diving 3801.101 refund:Tiny tots -Fab 4 & 5's 1045.101 refund:Picnic shelter rental:RRSP refund:Tiny tots -Fab 4 & 5's 1045.101 Amount Paid Check Total 61.39 325.00 75.00 200.00 25.00 24,230.00 150.00 87.52 446.42 39.95 134.99 14.98 6.54 20,000.00 631.83 579.47 252.00 120.00 128.00 70.00 128.00 61.39 325.00 75.00 200.00 25.00 24,230.00 150.00 533.94 174.94 21.52 20,000.00 1,211.30 252.00 120.00 128.00 70.00 128.00 Grand total for UNION BANK OF CALIFORNIA: 1,530,866.84 Page:8 apChkLst Final Check List Page: 9 12/13/2012 5:18:54PM CITY OF TEMECULA PAYROLL 107 checks in this report. Grand Total All Checks: 1,530,866.84 Page apChkLst Final Check List 12/14/2012 10:00:52AM CITY OF TEMECULA PAYROLL Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 155767 12/14/2012 009640 CERTIFION CORPORATION Nov web subscr: police 155768 12/14/2012 012401 COMPRESSED AIR SPECIALTIES INC breathing equip maint: Stn 92 breathing equip maint: Stn 92 155769 12/14/2012 000442 COMPUTER ALERT SYSTEMS alarm monitoring: marine center Oct -Dec alarm svcs:roripaugh fire 155770 12/14/2012 013286 CONNEXON TELECOM INC Nov Enterprise 911 svc:IT 155771 12/14/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: pkg garage DIST. 155772 12/14/2012 014521 COSTAR GROUP INFORMATION, INC misc electrical supplies: MPSC misc electrical supplies: civic ctr misc electrical supplies: theater Dec web subscription: eco dev 155773 12/14/2012 001264 COSTCO WHOLESALE misc supplies: tree lighting/parade misc supplies: skip pgrm 155774 12/14/2012 014501 COUNTYWIDE MECHANICAL hvac svcs: info tech SYSTEMS hvac maint svcs: civic ctr/garage 155775 12/14/2012 010650 CRAFTSMEN PLUMBING & install new door:marine center HVAC INC 155776 12/14/2012 004194 D L T SOLUTIONS INC AutoCAD renewal: info tech 155777 12/14/2012 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 155778 12/14/2012 003945 DIAMOND ENVIRONMENTAL Dec restroom svc: GOHS SRVCS 155779 12/14/2012 004192 DOWNS COMMERCIAL Fuel for City vehicles: tcsd/parks FUELING INC Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: PW Maint B&S Code Enf PW Traffic PW Id/cip/npdes PW Id/npdes Police 155780 12/14/2012 012217 DUDEK Oct enviro cnslt:ped/bicycle bridge Amount Paid Check Total 150.00 1,156.56 328.88 165.00 111.83 250.00 87.28 73.27 60.61 49.57 363.66 292.06 69.12 1,026.00 931.33 980.00 2,126.67 967.58 52.86 1,794.55 1,338.25 420.76 373.06 235.68 154.75 75.80 69.32 150.00 1,485.44 276.83 250.00 270.73 363.66 361.18 1,957.33 980.00 2,126.67 967.58 52.86 4,462.17 5,918.40 5,918.40 Pagel apChkLst Final Check List Page: 2 12/14/2012 10:00:52AM CITY OF TEMECULA PAYROLL Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155781 12/14/2012 002390 EASTERN MUNICIPAL WATER Nov water meter:32131 S Loop rd Bldg 92.66 DIST Nov water meter:32131 S Loop rd LDS 87.22 Nov water meter:32131 S Loop rd DCC 46.50 226.38 155782 12/14/2012 010255 ECKSTEIN, LYN refund: Jenna Summer Day Camp 110.00 110.00 155783 12/14/2012 004230 LINCOLN EQUIPMENT INC backstroke flags: aquatics 400.77 400.77 Grand total for UNION BANK OF CALIFORNIA: 20, 360.00 Page:2 apChkLst Final Check List Page: 3 12/14/2012 10:00:52AM CITY OF TEMECULA PAYROLL 17 checks in this report. Grand Total All Checks: 20,360.00 Page:3 apChkLst Final Check List Page: 1 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2066 12/20/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 141,309.03 141,309.03 RETIREMENT) 2067 12/20/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,791.36 14,791.36 SOLUTION 2068 12/20/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 92,972.82 92,972.82 2069 12/20/2012 000444 INSTATAX (EDD) State Disability Ins Payment 25,557.76 25,557.76 2070 12/20/2012 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,234.57 5,234.57 303355 2071 12/20/2012 010349 CALIF DEPT OF CHILD Support Payment 1,222.49 1,222.49 SUPPORT 2072 12/20/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,865.12 3,865.12 SOLUTION 155784 12/17/2012 015452 SOUTH COAST MAIL MASTERS Mail srvcs:business license renewals 2,096.00 2,096.00 155785 12/20/2012 011347 A F S INC vehicle cleaning: pw maint 400.00 400.00 155786 12/20/2012 015031 ABOVE ALL NAMES CO# 2 const:citywide concrete repairs 1,019.59 CONSTRUCTION Dec const:citywide concrete repairs 22,694.67 23,714.26 155787 12/20/2012 004765 ACTIVE NETWORK INC, THE software maint: safari recware 4,732.85 4,732.85 155788 12/20/2012 004802 ADLERHORST INTERNATIONAL Nov training: PD K -9s Rudy/Astin 283.34 283.34 INC 155789 12/20/2012 009374 ALLEGRO MUSICAL VENTURES 12/14 piano tuning/maint:theater 170.00 12/14 piano tuning/maint:theater 170.00 340.00 155790 12/20/2012 014531 ALLEN EMBROIDERY SERVICE uniforms: B&S 91.59 91.59 155791 12/20/2012 012943 ALPHA MECHANICAL SERVICE install hvac drain pan:tcc/safe bldg 774.69 INC replace thermostat: tcc/safe bldg hvac insp svcs: theater hvac repair svcs: crc gym replace hvac wall sensor: tcc hvac prey maint svcs: tve2 434.18 80.00 120.00 564.00 1,075.00 3,047.87 Pagel apChkLst Final Check List Page: 2 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155792 12/20/2012 004422 AMERICAN BATTERY signal batteries: pw traffic 481.64 481.64 CORPORATION 155793 12/20/2012 001587 AMERICAN PUBLIC WORKS 3/13-2/14 APWA mb: Butler, Greg 211.25 211.25 ASSN. 155794 12/20/2012 013950 AQUA CHILL OF SAN DIEGO Jan drinking water svc: MPSC 3340 Nov/Dec drinking water svc: MPSC 66.81 100.21 155795 12/20/2012 002541 BECKER CONSTRUCTION street manhole repair: ynez road 2,160.00 2,160.00 SRVS INC 155796 12/20/2012 004040 BIG FOOT GRAPHICS graphic art svcs:activities brochure 2,812.50 2,812.50 155797 12/20/2012 005716 BIRTH CHOICE OF TEMECULA community service funding program 5,000.00 5,000.00 INC 155798 12/20/2012 015489 BLACKBURN, JULIE refund:sec dep:rm rental:MPSC 200.00 200.00 155799 12/20/2012 006536 BOLOWICH, HANS reimb: CERT trailer registrations 76.00 76.00 155800 12/20/2012 008605 BONTERRA CONSULTING 10/12-11/9 CNSLT: RRSP DESILTING 447.50 447.50 BASIN 155801 12/20/2012 006908 C C & COMPANY INC santa: MPSC holiday party performance: winterfest 12/31 performances: winterfest 12/2 performances: winterfest 11/23 facepainter: winterfest 12/31 150.00 212.50 900.00 250.00 200.00 1,712.50 155802 12/20/2012 001035 C R & R INC trash hauling svcs:murr crk brdg/ovld 256.74 256.74 155803 12/20/2012 007794 CAL-PASEO DEL SOL, LLC refund:DIF signal meadows/leena 200,000.00 200,000.00 155804 12/20/2012 015472 CALVARY MURRIETA '12 santa's light parade participant 300.00 300.00 CHRISTIAN 155805 12/20/2012 003775 CHAPARRAL HIGH SCHOOL '12 santa's light parade participant 300.00 300.00 155806 12/20/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 155807 12/20/2012 000137 CHEVRON AND TEXACO city vehicles fuel: Police 2,148.17 2,148.17 Page2 apChkLst Final Check List Page: 3 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155808 12/20/2012 004017 COMERCHERO, JEFF reimb:'12 NLC conf Boston 11/27-12/2 155809 12/20/2012 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 155810 12/20/2012 000442 COMPUTER ALERT SYSTEMS Jan -Mar alarm svcs: city facilities 155811 12/20/2012 000447 COMTRONIX radio equip repair svc: pw/civic ctr COMMUNICATIONS 155812 12/20/2012 001923 CONVERSE CONSULTANTS 8/18-9/28 soil testing:pave rehab 155813 12/20/2012 001264 COSTCO WHOLESALE 155814 12/20/2012 014501 COUNTYWIDE MECHANICAL SYSTEMS 155815 12/20/2012 015488 DE LEON, SHEILA 155816 12/20/2012 014419 ELLIOTT, MICHAEL G. 155817 12/20/2012 011202 EMH SPORTS & FITNESS INSTITUTE misc supplies: holiday events misc supplies: high hopes pgrm misc supplies:youth services pgrm 353.49 353.49 44.00 44.00 5,490.00 5,490.00 250.00 250.00 9,612.50 9,612.50 142.00 214.54 49.28 405.82 air handler repair: civic ctrfinfo tech 958.74 958.74 partial refund:sec dep:rental:Harveston 150.00 150.00 Nov architect svcs:nakayama garden 1,320.00 1,320.00 TCSD instructor earnings 252.00 TCSD instructor earnings 189.00 TCSD instructor earnings 224.00 665.00 155818 12/20/2012 003747 FINE ARTS NETWORK ticket sales: Nutcracker Ballet 12/13-23 34,772.02 34,772.02 155819 12/20/2012 003747 FINE ARTS NETWORK entertainment: Winterfest 11/23-12/16 1,500.00 1,500.00 155820 12/20/2012 014819 FLATIRON WEST, INC. Nov const: french valley pkwy 1,470,480.20 1,470,480.20 155821 12/20/2012 011982 FLOATASIA PARADE FLOAT supplies/materials: light parade 100.59 100.59 COMPANY 155822 12/20/2012 002982 FRANCHISE TAX BOARD SUPPORT PMT 164.74 164.74 155823 12/20/2012 002982 FRANCHISE TAX BOARD SUPPORT PMT 52.42 52.42 155824 12/20/2012 001937 GALLS INC uniform svc: Police Volunteers 7.54 7.54 Pages apChkLst Final Check List Page: 4 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155825 12/20/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 12/15 155826 12/20/2012 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings 155827 12/20/2012 000177 GLENN IES OFFICE PRODUCTS OFFICE SUPPLIES: FINANCE INC Office Supplies: City Clerk Office Supplies: Records Office Supplies: CRC Office Supplies: Info Tech Office Supplies: Info Tech Office Supplies: TV Museum Office Supplies: MPSC OFFICE SUPPLIES: B&S Office Supplies: Fire OFFICE SUPPLIES: PW/PARKS Office Supplies: Planning Office Supplies: TVE2 Office Supplies: Econ Dev 155828 12/20/2012 008444 GREAT OAK HIGH SCHOOL Holiday parade band transportation 155829 12/20/2012 014402 GROEPPER, BROOKE ELIZABETH 630.00 630.00 714.00 714.00 190.49 35.41 200.59 147.60 280.15 84.03 365.29 185.16 86.55 1,292.41 148.02 739.50 229.26 55.19 4,039.65 300.00 300.00 TCSD instructor earnings 2,238.60 TCSD instructor earnings TCSD instructor earnings 1,255.80 3,394.30 6,888.70 155830 12/20/2012 008081 HALL & FOREMAN INC Nov cnslt svc:citywide pave rehab 51,293.46 51,293.46 155831 12/20/2012 000186 HANKS HARDWARE INC Hardware supplies: civic ctr/mckb 647.30 647.30 155832 12/20/2012 004188 HARRIS & ASSOCIATES NOV CONST MGMT:FRENCH VLY 133,741.22 133,741.22 INTERCHNG 155833 12/20/2012 001135 HEALTH POINTE MEDICAL emp industrial care svcs: HR 50.00 50.00 GROUP INC 155834 12/20/2012 009306 H ILLCREST ACADEMY '12 santa's light parade participant 200.00 200.00 155835 12/20/2012 011049 HOSPICE OF THE VALLEY community service funding program 5,000.00 5,000.00 155836 12/20/2012 010530 I P C INDUSTRIES INC EQUIP RENTAL: LIGHT PARADE 886.15 886.15 155837 12/20/2012 010412 JOHNSON POWER SYSTEMS emerg generator prey maint:Stn 73 223.45 EMERG GENERATOR PREV MAINT:STN 251.86 475.31 Page4 apChkLst Final Check List Page: 5 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155838 12/20/2012 004891 KANIGOWSKI, JERZY 155839 12/20/2012 015473 [CASHMERE, SHARON 155840 12/20/2012 015328 KROHN, DAVE 155841 12/20/2012 008610 M C R STAMPS 155842 12/20/2012 003782 MAIN STREET SIGNS Description Amount Paid Check Total employee computer loan program release liability claim no: 12-785 caterering:breakfast w/santa 12/15 DJ srvcs:high hopes pgrm 12/14/12 dog park closed signs: var dog parks misc street signs: pw street maint misc street signs: pw street maint misc street signs: pw street maint 155843 12/20/2012 004141 MAINTEX INC misc cleaning supplies: var facilities 1,407.67 1,407.67 199.00 199.00 2,530.80 2,530.80 25.00 25.00 599.85 822.13 5,736.88 81.89 7,240.75 994.10 994.10 155844 12/20/2012 014184 MALCOLM SMITH Veh repair & maint:pd 224.77 MOTORCYCLES, INC Veh repair & maint:pd 780.19 1,004.96 155845 12/20/2012 000217 MARGARITA OFFICIALS ASSN Spark of Love tournament officiating 1,080.00 1,080.00 155846 12/20/2012 004307 MARINE BIOCHEMISTS Nov water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 155847 12/20/2012 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings 315.00 TCSD Instructor Eamings 546.00 TCSD Instructor Eamings 336.00 TCSD Instructor Eamings 1,120.00 2,317.00 155848 12/20/2012 006571 MELODY'S AD WORKS INC. Reimbursables:old town promotions 17.98 Dec marketing & promo srvcs: old town 4,000.00 4,017.98 155849 12/20/2012 015259 MERCURY DISPOSAL Battery recycling pgrm:planning dept 460.56 460.56 SYSTEMS, INC. 155850 12/20/2012 005690 MICHELLE'S PLACE WOMENS FY 12/13 Community Srvc Funding 5,000.00 5,000.00 BREAST 155851 12/20/2012 009835 MIRACLE PLAYGROUND playground equip part: margarita park 490.61 490.61 SALES INC 155852 12/20/2012 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings 350.00 350.00 ANN 155853 12/20/2012 001892 MOBILE MODULAR 12/8-1/6 OATC Lease Agreement: Fire 614.18 614.18 Pages apChkLst Final Check List Page: 6 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155854 12/20/2012 001214 MORNINGSTAR Announcer:light parade 12/7 PRODUCTIONS, LLC 999.95 999.95 155855 12/20/2012 006745 MUNICIPAL MAINTENANCE parts & equip: pw patch truck 3,488.37 parts & equip: pw patch truck 480.00 credit:parts & equip: pw patch truck -34.43 parts & equip: pw patch truck 1,201.26 5,135.20 155856 12/20/2012 002925 NAPA AUTO PARTS misc auto parts & supplies:pw st maint 5.70 5.70 155857 12/20/2012 015164 NATURES IMAGE, INC 11/5-30/12 Enviro mitigation:FVP Ovrcrss 1,259.22 1,259.22 155858 12/20/2012 015122 NI GOVERNMENT SERVICES, Nov satellite phone service: Fire/EOC 151.01 151.01 INC. 155859 12/20/2012 007197 PALOMA VALLEY HIGH Holiday parade band transportation 300.00 300.00 SCHOOL 155860 12/20/2012 004538 PAULEY EQUIPMENT misc equip rentals: various park sites 943.40 943.40 COMPANY 155861 12/20/2012 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Eamings 273.00 TCSD Instructor Eamings 382.20 655.20 155862 12/20/2012 000249 PETTY CASH Petty Cash Reimbursement 458.79 458.79 155863 12/20/2012 010338 POOL & ELECTRICAL misc pool supplies: var sites 282.84 282.84 PRODUCTS INC 155864 12/20/2012 002354 POSITIVE PROMOTIONS INC Safety education handouts: TCC 699.85 699.85 155865 12/20/2012 012904 PRO ACTIVE FIRE DESIGN Nov plan check consultant: Prevention 5,706.15 5,706.15 155866 12/20/2012 014379 PROFESSIONAL IMAGE Storage & maint:street banners 237.91 237.91 ADVERTISING 155867 12/20/2012 005075 PRUDENTIAL OVERALL Nov uniform/NA rental/flrmats:Ctyfacs 953.96 SUPPLY Nov floor mat rentals: civic 611.48 1,565.44 155868 12/20/2012 014557 PUBLIC GROUP OF CALIF, THE public surplus auction fee:finance 2.87 2.87 155869 12/20/2012 002072 RANCHO CALIF WATER RCWD REIMB 9:MADISON AVE 63,184.00 63,184.00 DIST-FEES TRANSMISSION Pages apChkLst Final Check List Page: 7 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155870 12/20/2012 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total Dec var water meters:TCSD svc lev C 10,738.34 Dec var water meters:TCSD & PW Nov var water meters:41951 Moraga rd Nov var water meters:Calle Elenita 155871 12/20/2012 006738 RANCHO COMMUNITY Council community service funding CHURCH 155872 12/20/2012 002412 RICHARDS WATSON & GERSHON 155873 12/20/2012 000353 RIVERSIDE CO AUDITOR 124.10 1,232.83 53.67 12,148.94 1,000.00 1,000.00 Nov 2012 legal services 1,941.00 Nov 2012 legal services 13,811.50 15,752.50 Nov '12 prkg citation assessments 5,964.63 5,964.63 155874 12/20/2012 000278 SAN DIEGO UNION TRIBUNE Oct public ntcs:planning 129.60 Oct advertising:theater 364.51 494.11 155875 12/20/2012 003506 SHIVELA MIDDLE SCHOOL Holiday parade band transportation 200.00 200.00 BAND 155876 12/20/2012 004498 SIEMENS INDUSTRY, INC. Trfsgnl pole replacement:pauba/via rami Traffic signal repair & maint:PW Traffic 155877 12/20/2012 009746 SIGNS BYTOMORROW 155878 12/20/2012 000645 SMART & FINAL INC 155879 12/20/2012 000537 SO CALIF EDISON Updating of banners:TCSD events Public ntc posting xx-0206:planning Public ntc posting xx-0034/33:planning misc supplies:tree lighting/holiday misc supplies: csd holiday events Misc supplies:mpsc pgrms 10/22-11/20 2-18-937-3152:28314 Merc. Nov 2-01-202-7603:var LS -1 Allnite Dec 2-33-777-1950:40135 Village Rd Nov 2-26-887-0789:40233 Village Rd Nov 2-01-202-7330:var LS -1 Allnite Nov 2-27-560-0625:32380 Deerhollow Nov 2-30-296-9522:31035 Rancho vista Nov 2-28-171-2620:40820 Winchester Nov 2-30-608-9384:28582 Harveston Nov 2-00-397-5059:various meters Nov 2-33-237-4818:30499 Rancho Cal Nov 2-29-223-9571:30395 Murr hot sprng Nov 2-31-419-2659:26706 Ynez rd TCI Nov 2-29-974-7568:26953 Ynez rd TCI Nov 2-31-693-9784:26036 Ynez rd TCI 155880 12/20/2012 001212 SO CALIF GAS COMPANY Dec 015-575-0195-2:Fire Stn 92 Nov 055-475-6169-5:32380 Deerhollow 2,394.14 952.28 71.14 148.10 109.30 367.41 458.10 160.79 351.40 28,231.12 350.76 1,761.97 76,267.93 2,814.16 441.56 646.66 388.99 9,304.52 102.67 49.66 171.46 140.43 374.31 171.70 3,346.42 328.54 986.30 121,397.60 248.49 420.19 Page:7 apChkLst Final Check List Page: 8 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155881 12/20/2012 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total pest control srvcs: stn 73 48.00 pest control srvcs: stn 92 pest control srvcs: o.a.t.c. pest control srvcs: riverton park pest control srvcs: temeku hills park 155882 12/20/2012 013351 SPECIAL OLYMPICS SO CALIF FY 12/13 Community Srvc Grant Funding INC 155883 12/20/2012 000305 TARGET BANK BUS CARD SRVCS 155884 12/20/2012 010679 TEMECULA AUTO REPAIR/RADIATOR MISC SUPPLIES:MPSC Misc supplies:high hopes pgrm City vehicle maint: Prevention 42.00 48.00 84.00 84.00 306.00 2,500.00 2,500.00 192.17 102.32 69.95 City vehicle maint: Prevention 349.15 City vehicle maint: Prevention 294.49 69.95 489.05 155885 12/20/2012 013968 TEMECULA DANCE COMPANY Tckt sales/sec dpst:Nutcracker 12/10-12 14,197.81 14,197.81 155886 12/20/2012 010046 TEMECULA VALLEY Oct' 12 Bus. Impry District Asmnts 103,879.50 103,879.50 CONVENTION & 155887 12/20/2012 000311 TEMECULA VALLEY HIGH Holiday parade band transportation 300.00 300.00 SCHOOL 155888 12/20/2012 000314 TEMECULA VALLEY MUSEUM FY12/13 Community Srvc Funding 5,000.00 5,000.00 INC 155889 12/20/2012 011677 TEMECULA VALLEY PEOPLE FY 12/13 Community Srvc Funding 5,000.00 5,000.00 155890 12/20/2012 005970 TEMECULA VALLEY PLAYERS Nov -Dec' 12 A Christmas Carol 6,321.07 6,321.07 155891 12/20/2012 004274 TEMECULA VALLEY SECURITY panic device repair srvcs: theater 95.00 95.00 CENTR 155892 12/20/2012 003508 THOMPSON MIDDLE SCHOOL Holiday parade band transportation 200.00 200.00 155893 12/20/2012 010276 TIME WARNER CABLE Dec high speed internet:Fire Stn 92 44.95 Dec high speed internet:32211 Wolfvly 102.17 147.12 155894 12/20/2012 015059 TRAMES SOLUTIONS, INC. Traffic study:crossroads church 4,900.00 4,900.00 155895 12/20/2012 006192 TRISTAFF GROUP 155896 12/20/2012 000325 UNITED WAY temp help w/e 11/25 B. Randall 662.40 temp help w/e 12/2 B.Randall 1,104.00 1,766.40 United Way Charities Payment 5.00 5.00 Pages apChkLst Final Check List Page: 9 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155897 12/20/2012 012549 UPODIUM Vehicle Maintenance: Sta 73 101.29 Vehicle Maintenance: Sta 73 72.84 174.13 155898 12/20/2012 004864 V N W CIRCLE OF CARE INC FY 12/13 Community Srvc Funding 5,000.00 5,000.00 155899 12/20/2012 004261 VERIZON Nov xxx-0073 general usage 100.70 100.70 155900 12/20/2012 004789 VERIZON Dec Internet svcs:Civic Center 269.99 269.99 155901 12/20/2012 015490 VILLA DEL ENZO refund:TOT:lodging outside City limits 284.92 284.92 155902 12/20/2012 000230 WILLDAN FINANCIAL Consulting srvcs:CFD 03-06 Harveston II 251.50 SERVICES SPECIAL TAX CONSULTING:FINANCE 5,526.26 5,777.76 155903 12/20/2012 014781 WILLIAMS ARCHITECTS, INC. SPECIAL TAX CONSULTING:FINANCE 30,390.00 30,390.00 155904 12/20/2012 009512 WURMS JANITORIAL Dec janitorial srvcs: var city 18,999.51 SERVICES, INC Dec janitorial srvcs: tve2 781.71 Nov janitorial srvcs: tve2 1,218.18 Dec janitorial srvcs: pd civic center 242.25 21,241.65 155905 12/20/2012 000348 ZIGLER, GAIL Reimb:Breakfast w/Santa supplies 12/15 613.28 613.28 999257 12/14/2012 015474 BAILEY, LILIA refund:sec dep:rm rental:Harveston 200.00 200.00 999258 12/14/2012 015475 CUSI, DORY refund:Edible holiday giltwkshop 65.00 65.00 999259 12/14/2012 015476 FERNANDEZ, ANGIE refund:sec dep:rm rental:TCC 200.00 200.00 999260 12/14/2012 015477 GERST, LEANN refund:Decorate holiday treats 120.00 120.00 999261 12/14/2012 015478 HORIMOTO, LINH refund:Decorate holiday treats 60.00 60.00 999262 12/14/2012 015479 JONES, GLORIA refund:Breakfastw/Santa 4448.105 28.00 28.00 999263 12/14/2012 015480 MARTIN, MICHELLE refund:sec dep:rm rental:TCC 400.00 400.00 999264 12/14/2012 015481 RICHTERS, BARBARA refund:From market to table 1010.101 40.00 40.00 Page9 apChkLst Final Check List Page: 10 12/20/2012 10:37:30AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999265 12/14/2012 015482 SULLIVAN, MICHAEL refund:sec dep:rm rental:Harveston 200.00 200.00 999266 12/14/2012 015483 TEMECULA VALLEY refund:sec dep:rm rental:MPSC 150.00 150.00 999267 12/14/2012 015484 U.S. BANK refund:sec dep:rm rental:Harveston 200.00 200.00 999268 12/14/2012 015485 UNITED WAY OF THE refund:sec dep:rm rental:Harveston 200.00 200.00 999269 12/14/2012 015486 VARJABEDIAN, ARLENE refund:sec dep:rm rental:Harveston 200.00 200.00 999270 12/14/2012 015487 WORTH, REBEKAH refund:Bright scholars 6000.102 295.50 295.50 999271 12/14/2012 015487 WORTH, REBEKAH refund:Bright scholars 6000.102 267.50 267.50 Grand total for UNION BANK OF CALIFORNIA: 2,754,380.43 Pagel 0 apChkLst Final Check List Page: 11 12/20/2012 10:37:30AM CITY OF TEMECULA 144 checks in this report. Grand Total All Checks. 2,754,380.43 Pagel 1 Item No. 4 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Chief Financial Officer DATE: January 8, 2013 SUBJECT: City Treasurer's Report as of November 30, 2012 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of November 30, 2012. 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 November 30, 2012. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of November 30, 2012 Investments City of Temecula, California Portfolio Management Portfolio Summary November 30, 2012 Par Market Value Value Book % of Value Portfolio City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 50,479,214.33 50,479,214.33 50,479,214.33 44.44 1 1 0.191 0.194 Retention Escrow Account 6,575,824.91 6,575,824.91 6,575,824.91 5.79 1 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 26,542,317.54 26,573,925.34 26,542,317.54 23.37 1 1 0.320 0.324 Federal Agency Callable Securities 11,000,000.00 11,094,090.00 11,000,000.00 9.68 1,644 909 1.926 1.953 Federal Agency Bullet Securities 19,000,000.00 19,183,690.00 18,996,770.00 16.72 1,255 818 0.944 0.957 Investments 113,597,357.78 113,906,745.58 113,594,127.78 100.00% 370 226 0.504 0.511 Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments 1,010,317.35 114,607,675.13 1,010,317.35 1,010,317.35 15.28 15.28 1,010,332.63 1,010,332.63 0.000 0.000 114,917,078.21 114,604,460.41 370 226 0.504 0.511 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 47,585.12 293,679.91 Average Daily Balance 111,535,458.80 135,506,266.66 Effective Rate of Return 0.52% 0.52% Reporting period 1110112012-1113012012 Run Date: 1211812012 - 10:47 Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2012 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 1 2221 6003-2 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 07/01/2012 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 07/01/2012 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 BAWD 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 07/01/2012 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 1 2221 6003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 1 2221 6000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 1211 8/201 2 -10:47 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2012 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 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 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 0788601 0-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,131.32 202,131.32 202,131.32 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,64519 209,645.79 209,64519 0.020 0.020 0.020 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,170.58 1,104,170.58 1,104,170.58 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,264,004.85 1,264,004.85 1,264,004.85 0.020 0.020 0.020 1 136343008 RDA 10A CIP2 First American Treasury 19,947.49 19,947.49 19,947.49 0.020 0.020 0.020 1 136343001-2 RDA 10A-INT1 First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 1 3634 301 8-2 RDA 10B CIP2 First American Treasury 1,186,391.22 1,186,391.22 1,186,391.22 0.020 0.020 0.020 1 136343000-1 RDA 10B-INT1 First American Treasury 07/01/2012 0.08 0.08 0.08 0.001 0.001 0.001 1 94432360-2 TCSD COP INT First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,414.59 440,414.59 440,414.59 0.040 0.039 0.040 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,741.22 202,741.22 202,741.22 0.040 0.039 0.040 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 82,344.83 82,344.83 82,344.83 0.040 0.039 0.040 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,656,961.24 2,656,961.24 2,656,961.24 0.040 0.039 0.040 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.030 0.030 0.030 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 20,852.08 20,852.08 20,852.08 0.040 0.039 0.040 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 793.55 793.55 793.55 0.030 0.030 0.030 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 147,759.60 147,759.60 147,759.60 0.040 0.039 0.040 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 43,676.11 43,676.11 43,676.11 0.040 0.039 0.040 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 26,621.04 26,621.04 26,621.04 0.040 0.039 0.040 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,432.12 936,432.12 936,432.12 0.040 0.039 0.040 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 377.53 377.53 377.53 0.030 0.030 0.030 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 125,530.10 125,530.10 125,530.10 0.040 0.039 0.040 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 19,569.80 19,569.80 19,569.80 0.040 0.039 0.040 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 773.70 773.70 773.70 0.040 0.039 0.040 1 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 08/01/2012 321,632.39 321,632.39 321,632.39 0.040 0.039 0.040 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-lbondEd Federated Tax Free Obligations 08/24/2012 0.51 0.51 0.51 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,004,674.24 1,004,674.24 1,004,674.24 0.040 0.039 0.040 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,192.15 5,192.15 5,192.15 0.040 0.039 0.040 1 Run Date: 1211 8/201 2 -10:47 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2012 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 793593016-5 03-2 LOC11 Federated Tax Free Obligations 141,969.26 141,969.26 141,969.26 0.040 0.039 0.040 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 3,491.76 3,491.76 3,491.76 0.040 0.039 0.040 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.20 368.20 368.20 0.030 0.030 0.030 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 27,146.43 27,146.43 27,146.43 0.040 0.039 0.040 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.13 1,144.13 1,144.13 0.040 0.039 0.040 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 507.43 507.43 507.43 0.030 0.030 0.030 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2012 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 19,032.98 19,032.98 19,032.98 0.040 0.039 0.040 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 73,004.49 73,004.49 73,004.49 0.040 0.039 0.040 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 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.29 0.29 0.29 0.001 0.001 0.001 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,903.60 1,308,903.60 1,308,903.60 0.040 0.039 0.040 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,268,164.36 11,268,164.36 11,268,164.36 0.040 0.039 0.040 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 22,398,577.30 22,398,577.30 22,398,577.30 0.324 0.320 0.324 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,575,324.67 1,575,324.67 1,575,324.67 0.324 0.320 0.324 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,638,791.83 3,638,791.83 3,638,791.83 0.324 0.320 0.324 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 1 0788601 8-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.324 0.320 0.324 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 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 50,976,565.39 Run Date: 1211 8/201 2 -10:47 50,479,214.33 50,479,214.33 50,479,214.33 0.191 0.194 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2012 Purchase Date Par Value Market Value Page 5 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Retention Escrow Account 1 9401 2308-1 6 ARMY CORPS SYSPI aza Prtnr PORTOLA TRRC RJ NOBLE Army Corps Plaza Prtnr Portola Trrc Bank of Sacramento Union Bank Wells Fargo Bank Wells Fargo Bank Subtotal and Average 6,501,821.02 07/01/2012 07/01/2012 07/01/2012 07/01/2012 116,081.64 600,042.57 4,000,033.98 1,859,666.72 116,081.64 600,042.57 4,000,033.98 1,859,666.72 6,515,824.91 6,575,824.91 116,081.64 600,042.57 4,000,033.98 1,859, 666.72 6,515,824.91 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE Subtotal and Average 1.00 07/01/2012 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 Local Agency Investment Funds 94 66991 7-1 164742006-1 94 669 91 1-1 94669921-1 744727011-1 744727007-1 786776007-1 164741006-1 SYSCITY SYSRDA SYSRDA 10 DS 2 SYSRDA 10A CIP1 1 3634 301 8-1 SYSTCSD 03-01-1 RES CA Local Agency Investment Fun 03-06 RES -1 CA Local Agency Investment Fun 03-1 ACQ A2 CA Local Agency Investment Fun 03-1 ACQ B2 CA Local Agency Investment Fun 03-3 ACQ 2 CA Local Agency Investment Fun 03-3 CITY 2 CA Local Agency Investment Fun 03-6 IMP 1 CA Local Agency Investment Fun 0303-1 RES CA Local Agency Investment Fun CITY CA Local Agency Investment Fun RDA CA Local Agency Investment Fun RDA 10 DS 2 CA Local Agency Investment Fun RDA 10A CIP1 CA Local Agency Investment Fun RDA 10B CIP1 CA Local Agency Investment Fun TCSD CA Local Agency Investment Fun Subtotal and Average 23,447,850.87 11/07/2012 765,000.00 765,000.00 765,000.00 0.324 0.320 0.324 1 11/07/2012 306,000.00 306,000.00 306,000.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 11/07/2012 1,418,000.00 1,418,000.00 1,418,000.00 0.324 0.320 0.324 1 7,126,013.91 7,135,378.01 7,126,013.91 0.324 0.320 0.324 1 1,740.11 1,742.40 1,740.11 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 0.00 0.00 0.00 0.324 0.320 0.324 1 16,925,563.52 16,947,804.93 16,925,563.52 0.324 0.320 0.324 1 26,542,311.54 26,573,925.34 26,542,311.54 0.320 0.324 1 Federal Agency Callable Securities 3134G3BV1 3134G3CL2 3134G3PH7 3136F9CB7 3136F9DP5 3136FPZD2 3136FRB44 3136FTBQ1 3136FT4R7 3135GOPR8 Run Date: 1211 8/201 2 -10:47 01179 01181 01186 01088 01090 01157 01172 01176 01188 01191 Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn 12/09/2011 12/16/2011 02/24/2012 03/11/2008 03/27/2008 12/03/2010 07/22/2011 10/24/2011 03/27/2012 10/09/2012 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,017,050.00 1,005,560.00 1,006,170.00 2,020,780.00 1,012,090.00 1,000,000.00 1,010,780.00 1,010,610.00 1,009,640.00 1,001,410.00 1,000, 000.00 1.400 1.381 1.400 1,469 1,000,000.00 1.000 0.986 1.000 927 1,000,000.00 1.000 0.986 1.000 1,362 2,000,000.00 4.000 3.945 4.000 100 1,000,000.00 4.000 3.945 4.000 116 1,000,000.00 1.125 1.110 1.125 732 1,000,000.00 2.125 2.096 2.125 1,329 1,000,000.00 1.350 1.332 1.350 1,423 1,000,000.00 1.000 0.986 1.000 1,396 1,000,000.00 0.480 0.473 0.480 1,042 12/09/2016 06/16/2015 08/24/2016 03/11/2013 03/27/2013 12/03/2014 07/22/2016 10/24/2016 09/27/2016 10/09/2015 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2012 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 11,000,000.00 11,000,000.00 11,094,090.00 11,000,000.00 1.926 1.953 909 Federal Agency Bullet Securities 31331 GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,013,360.00 997,500.00 2.250 2.284 2.316 240 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,003,330.00 1,000,000.00 2.150 2.121 2.150 65 02/04/2013 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,013,440.00 1,000,000.00 1.375 1.356 1.375 436 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,009,800.00 1,000,000.00 0.875 0.863 0.875 608 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,028,470.00 1,000,000.00 1.300 1.282 1.300 1,405 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,019,690.00 1,000,000.00 1.050 1.036 1.050 1,059 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,017,740.00 1,000,000.00 0.970 0.957 0.970 1,087 11/23/2015 31331 KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,290.00 1,000,000.00 0.500 0.493 0.500 363 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,018,730.00 1,000,000.00 1.000 0.986 1.000 1,103 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,013,980.00 1,000,000.00 0.850 0.838 0.850 1,144 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,001,260.00 1,000,000.00 0.410 0.404 0.410 1,062 10/29/2015 3133721M5 01166 Federal Home Loan Bank 03/15/2011 1,000,000.00 1,007,110.00 1,000,000.00 1.125 1.110 1.125 286 09/13/2013 313374C71 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,012,380.00 1,000,000.00 1.000 0.986 1.000 660 09/22/2014 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,003,800.00 1,000,000.00 0.520 0.513 0.520 783 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,170.00 1,000,000.00 0.400 0.395 0.400 804 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,003,250.00 1,000,000.00 0.500 0.493 0.500 902 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,014,750.00 1,000,000.00 0.900 0.888 0.900 1,213 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 999,090.00 1,000,000.00 0.550 0.542 0.550 1,487 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,001,050.00 999,270.00 0.375 0.399 0.404 835 03/16/2015 Subtotal and Average 18,763,436.67 19,000,000.00 19,183,690.00 18,996, 770.00 0.944 0.957 818 Total and Average 111,535,458.80 Run Date: 1211 8/201 2 -10:47 113, 59 7,357.78 113,906,745.58 113,594,127.78 0.504 0.511 226 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash November 30, 2012 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 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash SYSFIex Ck Acct Flex Ck Acct SYSGen Ck Acct Gen Ck Acct SYSParking Ck PARKING CITA City of Temecula Union Bank of California Union Bank of California Union Bank of California 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 07/01/2012 33,617.63 33,617.63 33,617.63 0.000 0.000 1 966,564.72 966,564.72 966,564.72 0.000 0.000 1 07/01/2012 7,025.00 7,025.00 7,025.00 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 15.28 15.28 1 Subtotal 1,010,332.63 1,010, 332.63 Run Date: 1211 8/201 2 -10:47 Total Cash and Investments 111,535,458.80 114,607,615.13 114,911,078.21 114,604,460.41 0.504 0.511 226 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Investments City of Temecula, California Portfolio Management Portfolio Summary November 30, 2012 City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 50,479,214.33 50,479,214.33 50,479,214.33 44.44 1 1 0.191 0.194 Retention EscrowAccount 6,575,824.91 6,575,824.91 6,575,824.91 5.79 1 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 26,542,317.54 26,573,925.34 26,542,317.54 23.37 1 1 0.320 0.324 Federal Agency Callable Securities 11,000,000.00 11,094,090.00 11,000,000.00 9.68 1,644 909 1.926 1.953 Federal Agency Bullet Securities 19,000,000.00 19,183,690.00 18,996,770.00 16.72 1,255 818 0.944 0.957 Investments 113,597,357.78 113, 906, 745.58 113,594,127.78 100.00% 370 226 0.504 0.511 Cash and Accrued Interest PassbookiChecking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments 1,010,317.35 114,607,675.13 1,010,317.35 15.28 1,010,317.35 15.28 1,010,332.63 1,010,332.63 0.000 0.000 114,917,078.21 114,604,460.41 370 226 0.504 0.511 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 47, 585.12 293, 679.91 Average Daily Balance 111,535,458.80 135,506,266.66 Effective Rate of Return 0.52% 0.52% Reporting period 1110112012-1113012012 Run Date: 1 211 8/201 2 -10:47 Portfolio TEME CP PM (PRF_PM1) SymRept 6.42 Report Ver. 5.00 CITY OF TEMECULA CASH BALANCES AS OF 11/30/2012 Fund # Fund Name Fund Total 001 GENERAL FUND $ 25,929,449.30 100 STATE GAS TAX FUND 445,176.29 120 DEVELOPMENT IMPACT FUND 4,566,431.77 130 RECOVERY ACT JAG FUNDING 357.54 135 BUSINESS INCUBATOR RESOURCE 146,924.01 150 AB 2766 FUND 252,078.35 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 3,611.37 165 SARDA AFFORDABLE HOUSING 5,876,750.56 166 SARDA HOUSING 16,818,923.39 170 MEASURE A FUND 4,878,706.83 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 203,978.67 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 9,282.02 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 194,876.56 197 TEMECULA LIBRARY FUND 280,163.51 210 CAPITAL IMPROVEMENT PROJECT FUND 10,865,246.66 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,657,105.73 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 936,432.12 277 CFD-RORIPAUGH 24,984,912.49 300 INSURANCE FUND 672,577.46 310 VEHICLES AND EQUIPMENT FUND 1,248,069.33 320 INFORMATION TECHNOLOGY 398,507.64 330 CENTRAL SERVICES 390,984.21 340 FACILITIES 202,207.74 375 SUMMER YOUTH EMPLOYMENT PROGRAM 7,004.42 380 SARDA DEBT SERVICE FUND 1,506,646.69 381 REDEVELOPMEN PROPERTY TAX TRUST 992,559.09 395 2011 FINANCING LEASE 2001 & 2008 COPS 885.84 460 CFD 88-12 DEBT SERVICE FUND 86,043.95 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 787,712.36 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 987,914.59 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 97,341.21 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,885,706.99 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 651,147.78 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 5,149,305.11 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 14,378.86 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 45,343.35 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 16,365.08 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 2,535.17 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 6,252.32 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 9,857.11 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 473.86 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 8,403.92 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 14,289.88 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4,937.05 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 921.93 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 14,163.82 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,048.05 516 SERVICE LEVEL"C"ZONE 16TRADEWINDS 43,632.46 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 449.95 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 43,279.88 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 123,539.74 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 68,386.49 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 367.54 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10,149.33 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 126,701.01 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 26,714.42 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 12.84 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 181,884.90 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4,814.16 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,153.51 Grand Total: $ 114,917,078.21 Item No. 5 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, Interim City Manager DATE: January 8, 2013 SUBJECT: Memorandum of Understanding Labor Agreement First Amendment — Cafeteria Plan Re -opener PREPARED BY: Isaac Garibay, Senior Human Resources Analyst RECOMMENDATION: Approve an Agreement, effective January 1, 2013, amending the Memorandum of Understanding (M.O.U.) Labor Agreement, effective July 1, 2011, between the City and the General Employees of the City of Temecula, represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. BACKGROUND: In July 1, 2011 the City and the employees, represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911 agreed to a Memorandum of Understanding which established personnel cost saving measures as a result of the economic downturn. The employees agreed to no cost of living increases for two years as well as no increase in health costs offset through the City's Cafeteria Plan for 18 months. As a part of this agreement, per Article 34 of the M.O.U., the City agreed to a limited re -opener within 18 months of the effective date of the M.O.U. The purpose of the re -opener was to review the medical inflation rate and the City's financial situation as they relate to the represented employees' monthly Cafeteria Plan allotment. Upon review of the health costs for City employees, it was determined that there has been a sizable increase in the average cost of health care. Since 2010, average healthcare premiums for City employees have increased by 28%. In order to minimize the impact of this cost increase, the City and the employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911, have negotiated in good faith and reached an agreement to amend the M.O.U. to increase the Cafeteria Plan allotment. The essential terms of the Agreement are: 1) The Cafeteria Plan allotment shall increase by $150 per employee per month so that the allotment is increased from $940 to $1,090 per employee per month; 2) the aforementioned increase shall be effective January 1, 2013, and remain in effect through to and concluding June 30, 2013; and, 3) in all other respects, all terms and conditions in the M.O.U. between the parties remain in effect through to and concluding on June 30, 2013. FISCAL IMPACT: The estimated cost of this amendment is $153,900 for Fiscal Year 2012-13. There is sufficient budget savings to absorb this cost with interdepartmental adjustments made as part of the Midyear Budget process. ATTACHMENTS: 1. Memorandum of Understanding Labor Agreement, effective July 1, 2011, between the City and the General Employees of the City of Temecula 2. Agreement between City of Temecula and the General Employees of the City of Temecula — Cafeteria Plan Re - opener `7,• Y \ Vft a O4 Ac 1989 4 MEMORANDUM OF UNDERSTANDING (M.O.U) Between the City of Temecula and the General Employees of the City of Temecula Effective July 1, 2011 Table of Contents Foreword 6 Preamble 6 Article 1 Recognition 6 Article 2 Implementation 6 Article 3 Term 6 Article 4 Authorized Agents 6 4.1 City's Authorized Agent 7 4.2 General Employees Authorized Agent 7 Article 5 City Rights 7 Article 6 Employee Rights 7 Article 7 Union Rights 7 7.1 Agency Shop 7 Union Dues/Agency Fee Collection 8 New Hire Notification 8 Failure to Pay Dues/Fees 8 Religious Exemption 9 Records 9 Rescission of Agreement 9 Indemnification 9 7.2 Bulletin Boards 10 7.3 Union Roster 10 7.4 Employee Representatives 10 7.5 Dues Check offs 10 Article 8 Personnel Files 11 8.1 Derogatory Material 11 8.2 Derogatory Material on File 11 8.3 Customer/Citizen Letters of Commendation 11 Article 9 Seniority 11 Article 10 Compensation Adjustments 11 10.1 Longevity Compensation 11 10.2 Special Merit Pay 12 10.3 Bilingual Pay 12 10.4 Notary Pay 12 Article 11 Holiday Pay 13 11.1 Assigned Schedule for Holiday Pay 13 11.2 Pro -Rated Holiday Pay 13 11.3 Scheduled to Work a Holiday 13 1 1.4 9/80 Work Plan for Holiday Pay 13 2 1 1.5 Floating Holiday 13 Article 12 City Holidays 13 Article 13 Overtime 14 13.1 Work Week 15 13.2 9/80 Work Week 15 13.3 Time Worked 15 13.4 Called Back to Work 15 13.5 Assignments 15 Article 14 Overtime Authorization 15 Article 15 Compensatory Time 15 15.1 Accrual 16 15.2 Time Used for Leave 16 15.3 Cash Out 16 Article 16 Call-Out Policy 16 Article 17 Stand-by Pay 17 17.1 Rotation of Storm-Watch Crews 17 17.2 Rotation of Banner Installation/Removal Crews 18 Article 18 Shift Differential Pay 18 Article 19 Clothing Allowance 18 19.1 Uniforms 18 19.2 Care of Uniforms 18 19.3 Wearing of Uniforms 18 19.4 Uniform Replacement 19 19.5 Safety Equipment 19 19.6 Safety Boots/Shoes 19 19.7 Eligible Classifications 19 19.8 Additional Boot Allowance 19 Article 20 Temporary Upgrade 19 Article 21 Probationary Periods 20 21.1 Promotional Probation 20 Article 22 Eligibility for Merit Increases 20 Article 23 Tuition Reimbursement 21 23.1 Required Educational or Training Courses 21 23.2 Training Time 21 23.3 Reimbursement 21 Article24 Wellness Reimbursement Program 22 Article 25 Employee Computer Purchase Program 22 Article 26 Safety Programs 22 26.1 Safe Driving Program 22 26.2 Injury and Illness Prevention Plan (IIPP) 23 Article 27 Driver's License Renewal 23 Article 28 Comprehensive Annual Leave Policy 23 28.1 Catastrophic Leave 26 3 28.2 CAL Time Cash Out Article 29 Bereavement Leave Article 30 Family Care and Medical Leave of Absence (FMLA) I. Statement of Policy II. Definitions III. Reasons for Leave IV. Employees Eligible for Leave V. Amount of Leave VI. Employee Benefits While on Leave VII. Substitution of Paid Accrued Leaves VIII. Medical Certification IX. Employee Notice of Leave X. Reinstatement upon Return From Leave Xl. Required Forms 30.1 Pregnancy Leave Article 31 Jury Duty Article 32 Military Leave Article 33 Leaves of Absence Without Pay 33.1 Procedure for Requesting Leave of Absence Without Pay 33.2 Procedure for Unforeseen Circumstances Article 34 Cafeteria Plan 34.1 Health Coverage 34.2 Dental Coverage 34.3 Vision Coverage 34.4 Disability Insurance 34.5 Flexible Benefits Program 34.6 Retiree Medical, Dental and Vision Premium Reimbursement Article 35 Life Insurance Article 36 Retirement Article 37 Deferred Compensation Article 38 Late Starts Article 39 Rest Periods Article 40 Hours of Work 40.1 Participation 40.2 Work Period 40.3 9/80 Day Off 40.4 Alternating Day Off Designation Article 41 Grievance Procedure 41.1 Grievance 41.2 Representation 41 .3 Grievance Discussion 41 .4 Non -Reviewable Grievance 41 .5 Filing of Grievance 4 26 26 27 27 27 30 31 31 32 32 33 34 34 35 35 36 37 37 38 38 39 39 39 39 39 40 40 41 42 42 42 43 43 43 43 44 44 44 44 44 44 44 45 41.6 Grievance Time Limits 45 Article 42 Discipline 46 Article 43 Alcohol and Drug Policy 50 Article 44 Reduction of Workforce 50 Article 45 Job Actions 51 Article 46 Americans with Disabilities Act (ADA) 52 Article 47 Classification Studies 52 Article 48 Performing Arts/ Theater Staff 52 Article 49 Posting of Vacancies 53 Article 50 Separability 53 Article 51 Performance Evaluations 53 5 Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated representatives (hereinafter referred to as the "representative") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et. Seq.) and has been jointly prepared by the parties. Article 1 Recognition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the Union) as the exclusively recognized labor organization representing employees assigned to job classifications as set forth in Appendix "A" of agreement. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:01 a.m., July 1, 2011, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 2013. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum. 6 4.1 City's Authorized Agent City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: P.O. Box 9033, Temecula, CA 92589-9033, (951) 506-5100 except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 General Employees Authorized Agent General employees authorized representative or the Califomia Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 9900 Flower Street, Bellflower, CA 90706 (562) 595-4518. Article 5 City Rights The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Rights 7.1 Agency Shop The City of Temecula (City) and Teamsters Local 911, General Employees Bargaining Unit (Union) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on January 31, 2002, a majority of the full time, regular employees in classifications represented by the Union voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: 7 • Elect to join the Union and pay union dues, or • Pay an agency fee for representation, or • With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. Union Dues/Agency Fee Collection Effective with the pay period beginning March 25, 2002, the Finance Department shall deduct union dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Finance Department. Employees on disability leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. The City will notify the Chief Shop Steward, on a monthly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. New Hire Notification All new hires in the Temecula General Employees Bargaining Unit shall be informed by Human Resources, at the time of hire, which an Agency Shop agreement is in effect fortheir classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Union that outlines the employee's choices under the Agency Shop agreement. The employee shall be provided 30 calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Finance Department. The Union may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Union. Failure to Pay Dues/Fees Should an employee fail to make an election and provide the City a signed copy of the Agency Shop employee election form, the Union shall notify the City, requesting the employee be terminated from employment for failure to make an election. Within seven (7) working days of each new hire in the bargaining unit, the City shall notify the Union of all new hires, providing the Union the employee's name, classification and date of hire. Union Dues Process Human Resources will schedule a new hire orientation, which will include a meeting with a union shop steward. The Union Steward will instruct the new hire to fill out the Agency Fee Election Form and return it to Human Resources within 30 days of their hire date. If, after 30 days, an employee fails to make an election and provide the city a signed copy of the Agency shop employee election form, Human Resources will notify the Chief Union Steward and the City shall, by default, designate the employee as an agency fee payer. Once defaulted, the City then notifies the Union. The Union then mails the employee their "Hudson Rights". Religious Exemption An employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting a union shall not be required, as a condition of employment, to join the union and pay union dues or pay an agency fee for representation. City understands that the Union claims it is entitled to require employees to show proof of entitlement to religious exemption status. In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to pay a fee equal to the Agency Fee, and those fees shall be remitted by the City, at the choice of the employee, to one of the following non -labor, non -religious charitable organizations: • United Way • Combined Health Agencies (CHA) • Specific charities that are supported by United Way/CHA Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 9 7.2 Bulletin Boards The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by Human Resources. B. Unauthorized materials may not be posted on City bulletin boards. C. Posted materials must be dated by Human Resources and may be removed by Human Resources and/or the Union after ten (10) calendar days. D. The Union may utilize the City's e-mail for bargaining unit communication with prior Human Resources approval. 7.3 Union Roster The Union shall provide and maintain, with the City, a current list of the names and all authorized representatives of the General Employee Unit. 7.4 Employee Representatives Four (4) shop stewards, along with three (3) alternate shop stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) shop stewards, along with three (3) alternate shop stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from Human Resources (training not to exceed more than 2 times per year). The Union is to meet with the City Manager at least two (2) times per year during the life of this agreement. 7.5 Dues Check offs The City shall deduct from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorized in writing, such authorizations will comply with appropriate laws and regulations. The Union agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Article. 10 Article 8 Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. A unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 8.2 Derogatory Material on File Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 8.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority" shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. Article 10 Compensation Adjustments 10.1 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. 11 Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. 10.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Beginning on July 1, 2008, all employees will be eligible for $450 in Special Merit Pay, on their service anniversary date, if they have completed five (5)+ years of service with the City and have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or— in these categories. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. 10.3 Bilingual Pay Employees who have demonstrated the ability, by passing an annual City administered test, to translate both written and spoken Spanish, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) employees in each operating department. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee, to meet the City's needs. 10.4 Notary Pay Effective the first full pay period in July 2008 the City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. 12 Article 11 Holiday Pay 11.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8) or nine (9) hours on the applicable City observed holiday, 11.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the number of hours worked. 11.3 Scheduled to Work a Holiday Work on a holiday: if a Regular Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). Those employees on stand-by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand By Pay). 11.4 9/80 Work Plan for Holiday Pay 9/80 Work Plan - Holiday on Employee's Scheduled Day Off: If a holiday occurs on an employee's scheduled day off, the employee will receive an eight (8) or nine (9) hour day off immediately prior to the holiday. 11.5 Floating Holiday Either an eight (8) or nine (9) hour floating holiday is provided at the beginning of each fiscal year. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. Article 12 City Holidays Represented employees receive a total of 12 City holidays each calendar year. The City observes the following 11 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day 13 Thanksgiving Day Friday following Thanksgiving Day 1/2 day — Christmas Eve Afternoon Christmas Day 1/2 day — New Year's Eve Afternoon One (1) floating holiday is provided in each of the years during the life of this agreement. This floating holiday may not be carried over year to year. Holidays must be scheduled in advance. Employees will submit, to their supervisor/department director, a first and second request of preference. If denied, employees are allowed to take the holiday at a mutually agreed to later date. Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. In the case of the 1/2 day holiday observances, City facilities will be closed to the public at noon. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Article 13 Overtime All employees required to perform in excess of 40 hours in a work week, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. (Note: Performing Arts/Theater Staff should refer to Article 48 for additional information regarding theater overtime scheduling.) In determining an employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked, Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime hours in accordance with Article 15, Compensatory Time. In addition the following provisions apply, 14 13.1 Work Week Work week defined: for the purpose of computing overtime, the workweek for employees who work the regular schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 Work Week 9/80 work week defined: for the purpose of computing overtime, the work week for employees who work the 9/80 Plan is a seven (7) day period beginning at 12:01 p.m. on each Friday and ending 12:00 noon on the following Friday. 13.3 Time Worked Time worked: for purposes of this policy, hours worked include only those hours in which the employee performs services authorized by the City. 13.4 Called Back to Work An employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Assignments Overtime assignments will be offered through an equitable process. Assignments for scheduled events will first be offered to volunteer(s). Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. Article 14 Overtime Authorization No employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 42 and the City's Disciplinary Policy. Article 15 Compensatory Time In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) an employee may elect, to receive compensatory time off on a time and one-half 15 basis for each hour worked. Compensatory Time Off is considered permissive leave and, subject to department approval, is consistent with Article 28 (Comprehensive Annual Leave). In addition, the following shall apply regulating the usage of compensatory time off: 15.1 Accrual No employee shall accrue more than 80 hours of compensatory time. 15.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 Cash Out All compensatory time that is available to an employee will be cashed out, at full value, and given to the employee within the first full pay period that includes December 151. The compensatory time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a portion of Compensatory Time that would need to be used within 60 days. Article 16 Call -Out Policy Call -out duty applies to all employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call -out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call -out. The second type of call -out is termed a non -response call -out and occurs when an employee is telephoned and/or paged and can resolve the problem without having to physically leave their residence and report to work. Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees who are not designated on stand-by status and are called out will receive compensation for the time they leave their residence to the time that they leave the duty station. Employees who have a response call -out will be credited with all hours worked with a minimum of three (3) hours. Any hours worked in excess of the three (3) hours, which includes travel time, will be credited at one and one-half times regular (non -overtime) rate of pay. In addition, Call Out Pay will be paid to employees and cannot be included in any Comp Time bank. Employees who have a non -response call -out will be compensated at one (1) hour of time and one- half, if the non -response call -out occurs between 6:31 a.m. and 12 midnight. If the non -response call -out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (21 hours of one and one-half times regular (non -overtime) rate of pay. If applicable, employees are subject to the provisions of Article 13.4 (Overtime) regarding rest periods during call -out situations. 16 Article 17 Stand-by Pay In any situation where an employee has been in a designated "stand-by" status and is to remain on- call, the employee shall be compensated at the rate of $230 for each seven (7) day stand-by period or pro -rated on a daily basis ($32.86/day). Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees may also be designated in stand-by status for individual days and stand-by status can be applied to any City of Temecula employees. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for standby duty will be scheduled on a rotational basis. This 7 -day standby period includes "Friday's off' (pursuant to the 9/80 work schedule), as well as weekends and holidays. If applicable, employees are subject to the provisions of Article 13.4 (Overtime) regarding rest periods during stand-by situations. Employees on a "stand by" status shall be required, at all times, to carry a functioning, City provided pager and be able to respond to the page within 15 minutes of being paged. Upon responding to the page, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Employees officially designated as on stand-by on an officially recognized City holiday will receive an additional $50 for that day. A: Substitution of Standby Duty: Your supervisor must approve all substitutions. There are two (2) types of substitutions related to Standby Duty, as follows: 1. Straight Substitution: You may request that another employee substitute for you, subject to the approval of your supervisor, with at least 48 hours prior notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through the hat - pick lottery. 2. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. In both instances above the substituting employee will receive the appropriate daily rate of 1/7 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm -Watch Crews As employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or their designee, may implement a Storm -Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. 17 17.2 Rotation of Banner Installation/Removal Crews Pursuant to a quarterly schedule prepared by the Maintenance Superintendent, the Public Works Maintenance Division employees may be assigned to Banner Installation/Removal Crews for special event purposes throughout the year. Article 18 Shift Differential Pay Employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays along with the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. Article 19 Clothing Allowance City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee, in Public Works and Community Services, is responsible for wearing a City furnished uniform at all times while performing City -related work. 19.1 Uniforms The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. The City shall provide laundry service for the uniforms. Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to field employees in Building and Safety, Code Enforcement, Public Works, TCSD, Signal Technicians and Park Rangers. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Care of Uniforms Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness, Hair, jewelry and accessories must not impede the safe and efficient execution of their duties. 19.3 Wearing of Uniforms A uniform, or any part of it, shall be worn only during working hours and while traveling between work and home. City uniforms shall not be worn outside of working hours unless authorized by their department. 18 19.4 Uniform Replacement The City will determine the need for and timing of uniform replacement. 19.5 Safety Equipment The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety Boots/Shoes Safety boots or shoes as determined by the City shall be worn with the uniform. Ordinarily tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. This allowance is $175. The boot allowance will be paid in the first full pay period of July. Employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 19.7 Eligible Classifications Employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, and Code Enforcement Officers are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. 19.8 Additional Boot Allowance If field staff require specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval) additional boot allowance may be provided. Article 20 Temporary Upgrade As a result of vacancies, leave of absences or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. This policy allows the City to temporarily upgrade the affected employee. It shall be the responsibility of the Department Supervisor to notify Human Resources, in writing, to implement the temporary upgrade for any affected employee. Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. Approval required: with the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties on an interim basis provided that: 19 A. The higher level position is vacant and is approved by the City Managerfor new or continued staffing, B. the duties of the higher level position are outside of the scope of the employee's current classification as determined by the City Manager, or a designee, C. the vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. the employee possesses the minimum qualifications to perform the work of the higher classification. Salary: the salary of an employee in a Temporary Upgrade Assignment shall be adjusted by approximately 5% or to the minimum rate of the temporary classification, whichever is greater, for the period of the temporary assignment. Effective Dates: the City Manager, or a designee, shall establish the effective dates of a Temporary Upgrade Assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is created by extended leave approved by the City Manager pursuant to Article 33 (Leaves of Absence without Pay) of this M.O.U. Article 21 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of full time employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. The City can extend probation for a maximum of six (6) months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 21.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not Tess than six (6) months of full time employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 22 Eligibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments (based upon performance and the policy as stated in the Performance Evaluation and Compensation System- PEACS) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. In addition, it is agreed that during the life of this agreement, supervisors and managers agree to conduct annual evaluation meetings within 30 days of the employee's anniversary date. 20 Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not a Y -Rated employee or at the maximum rate for their salary range. Approved merit adjustments will be retro -active to the official evaluation due date. Article 23 Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre -approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one (1) year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 23.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 23.2 Training Time In general, training time during working hours shall be considered part of the job. Non- mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 23.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job-related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three (3) general education classes, over the life of this 21 agreement, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Article 24 Wellness Reimbursement Program Employees are allowed up to a $400 per fiscal year stipend to be reimbursed for annual physicals, body scans, gym membership or stationary -type fitness equipment (excluding recreational sporting equipment and apparel). Under annual review with the Benefits Committee a list detailing eligible/ineligible items reimbursable items will be posted on Share Point. The Wellness Reimbursement Program form will have detailed criteria of eligible/ineligible wellness expenses. Employees must turn in their Wellness Reimbursement Program form no later than the last payroll of June. Any unused benefit will not be carried over to the following fiscal year. Article 25 Employee Computer Purchase Program This program allows employees to borrow, at no interest, up to $2,000 to purchase a personal computer with a loan repayment up to 24 months. To qualify for the program, employees must be regular, full-time/part-time employees and have successfully passed their one (1) year probationary period. Employees must also elect to purchase a computer/equipment system that is capable of running Microsoft Office Suite, ( i.e. Word, Excel, PowerPoint etc.) Loans can be received by either Reimbursement of Costs or Direct Payment to Vendor (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12 month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 26 Safety Programs 26.1 Safe Driving Program Full-time benefited employees, who are assigned to a to a City vehicle, are eligible to participate in the Safe Driving Award Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any "preventable" vehicle accidents during any given full fiscal year. 22 An accident is defined as: any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non -preventable". Preventable — the driver failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non -Preventable — the driver did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Qualifying employees are recognized and receive awards after one (1) year and then in five (5) year increments thereafter. When an employee is notified by the Department of Motor Vehicles that their Class driver's license is about to expire, the employee needs to follow the DMV instruction for Class A renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) needs to be submitted to Human Resources for verification purposes. 26.2 Injury and Illness Prevention Plan (IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. This Injury and Illness Prevention Plan (IIPP) was designed to promote a safe work environment. To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan (IIPP). Article 27 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For California Commercial driver's licenses (A & B), renewal requirements, DMV fees, physicals and training are to be paid by the City. A. Release Time: For the purposes of obtaining and/or renewing a Class A Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. Article 28 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave from the date of hire. 23 Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. The accrual rate for non-exempt (hourly) employees is as follows: Annual Hours of Biweekly Maximum Increment Annual Leave Accrual Rate Accumulation Hire date 152 5.846 304 hours 2-4 years 168 6.462 336 hours 4-6 years 208 8.000 416 hours 6-8 years 224 8.615 448 hours 8-10 years 240 9.231 480 hours 10+ years 264 10.154 528 hours 15+ years 264 10.154 640 hours The accrual rate for exempt employees is as follows: Annual Hours of Biweekly Maximum Increment Annual Leave Accrual Rate Accumulation Hire date 168 6.462 336 hours 2-4 years 184 7.077 368 hours 4-6 years 224 8.615 448 hours 6-8 years 240 9.231 480 hours 8-10 years 256 9.846 512 hours 10+ years 280 10.769 560 hours 15+ years 280 10.769 640 hours Annual leave accrual: annual leave will be earned on a prorated rate each pay period. Maximum balance: the maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at any one time, is two (2) times the employee's annual accrual. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two (2) times the annual accrual limit for good cause shown. Requesting time off: a leave request form is to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. Scheduling: the scheduling of Comprehensive Annual Leave shall be determined by the employee's supervisor based upon: first, the needs of the City; second, the employee's request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority, within the department, will be given the first opportunity to select their vacation, If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, 24 which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turnaround time for this approval is also important when considering an employee's request for multiple time -off requests over the course of a year. This can become important in light of the seniority clause in Article 9 of the MOU. The MOU and current City policy do not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank, to cover their leave request, before the scheduled leave commences, If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating personal for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. Management can only strongly encourage that an employee keep a "safe" number of hours on the books in the case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. Legitimate leave of absences such as workers' compensation, disability, or extended illness should not be factored in when approving/disapproving time -off requests. In addition, the City encourages communication between employees and their supervisor and it is acceptable for the employee and the supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of a Grievance Procedure (Article 41), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources. The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. 25 Separation of employment: upon separation from employment with the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non - overtime rate of pay. 28.1 Catastrophic Leave Upon approval by the City Manager, or designee, employees may donate a maximum of 16 hours (if 120 hours remain in donating employee's CAL bank) to a fellow employee in the event of a medical emergency to the employee or an immediate family member of the employee. (Refer to Article 29, Bereavement Leave, for definition of family member.) A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. In addition, the City has the right to request a doctor's note to verify the medical emergency. The City will pool all hours that are donated and employees. who are eligible for the donation, will receive said donation from the pool. The maximum donation to individual employees is 160 hours per fiscal year. 28.2 CAL Time Cash Out In June, employees may cash out CAL Time under the following criteria: A. May cash out up to a maximum of 120 hours. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL Time during the fiscal year. The CAL Time Cash Out will be provided by the end of the fiscal year on a separate check. The CAL Time Cash Out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. Article 29 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may also use CAL time in conjunction with bereavement leave. Employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. A For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, mother, father, sister, brother, daughter, son and grandparents. 26 B. A leave request form must be completed by the employee and approved by their supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave (CAL) requests after the employee returns to work. In addition, the supervisor may require verification that bereavement leave was warranted. Article 30 Family Care and Medical Leave of Absence (FMLA) I. Statement of Policy To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by this article, "Leave" under this article shall mean leave of absence pursuant to the FMLA and CFRA. II. Definitions A. "12 -Month Period" means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken, B. "Single 12 -month period" means 12 -month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date. C."Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child. A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living—such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. D. "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. E. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. F. "Domestic Partner," as defined by Family Code §§ 297 and 299.2, shall have the same meaning as "Spouse" for purposes of CFRA Leave. 27 G. "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves: 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: a) A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: i) Treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider. The first in-person treatment visit must take place within seven days of the first day of incapacity; or ii) Treatment by a health care provider on at least one occasion which must take place within seven days of the first day of incapacity and results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment. b) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.) c) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: i) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. d) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the 28 continuing supervision of, but need not be receiving active treatment by, a health care provider. e) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. H. "Health Care Provider" means: 1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; 2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition; 3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; 4. Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under Califomia State law; 5. Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts; and 6. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. I. "Covered active duty" means: in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country, or (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of member of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. J. "Covered Service member means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during 29 the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. K. "Outpatient Status" means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. L. "Next of Kin of a Covered Service member" means the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. M. "Serious Injury or Illness" (1) in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by a member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy, means a qualifying injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. 01. Reasons for Leave Leave is only permitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; 3. Leave to care for a child, parent, spouse, or registered domestic partner who has a serious health condition; 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; 5. Leave for a "qualifying need" may be taken arising out of the fact that an employee's spouse, registered domestic partner, son, daughter, or parent is on active military duty or 30 has been notified of an impending call or order to active duty in support of a contingency operation involving the United States Armed Forces; or 6. Leave to care for a spouse, registered domestic partner, son, daughter, parent, or "next of kin" service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) (this leave can run up to 26 weeks of unpaid leave during an employee's 12 -month period) (under the FMLA only, not the CFRA). IV. Employees Eligible for Leave An employee is eligible for leave if the employee. 1. Has been employed for at least 12 months; and 2. Has worked for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. V. Amount of Leave Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for a covered service member) of leave during any 12 -month period. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. A. Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed By the City of Temecula In any case in which a husband and wife both employed by the City are entitled to leave, the combined number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12 -month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (Le., bonding leave). 31 In any case in which a husband and wife both employed by the City are entitled to leave, the combined number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12 -month period if leave is taken to care for an injured service member. Except as noted above, this limitation does not apply to any other type of leave under this policy. VI. Employee Benefits While on Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g. unpaid wages, vacation pay, etc.). Employees will not be required, but may use at their option, all accrued Comprehensive Annual Leave time for Leave while under the care of a health care provider or if taken to care for an injured service member. Employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. VII. Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA and/or CFRA leave, and may also require an employee to use FMLA concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. A. Employee's Right to Use Paid Accrued Leaves Concurrently with Family Leave Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. 32 B. City's Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. 1 Employees are required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act. VIII. Medical Certification Employees who request leave for their own serious health condition or to care for a child, parent, registered domestic partner, or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City of Temecula. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Employees who request leave to care for an injured service member who is a child, spouse, registered domestic partner, parent, or "next of kin" of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active duty service. A copy of the new active duty orders or similar documentation shall be provided to the employer if the need for leave because of a qualifying exigency arises out of a different active duty or cal to active duty status of the same or a different covered military member. A. Time to Provide A Certification When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. 33 However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave On A Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. IX. Employee Notice of Leave Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. For foreseeable leave due to a qualifying exigency, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. X. Reinstatement upon Return From Leave A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. 34 If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. lithe reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically On His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her, job, the employee must obtain and present a certification from their health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. XI. Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave. 2. Medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse or registered domestic partner. 3. Authorization for payroll deductions for benefit plan coverage continuation, and 4. Certification to return work from appropriate health care provider. 30.1 Pregnancy Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of 35 her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Female employees shall be reasonably accommodated for conditions related to pregnancy, childbirth or related medical conditions if the employee requests an accommodation with the advice of her healthcare provider. Article 31 Jury Duty The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civil/criminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report for jury duty, the employee must provide a copy of the summons to his or her supervisor immediately_upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. Defining "Practical" Return to Full Duty When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two (2) hours or less are 36 remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. The military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 33 Leaves of Absence Without Pay This provision applies to leaves, which are not covered by other provisions within the MOU. 37 Leave of Absence Without Pay is to be used for the purpose of unforeseen circumstances or other situations where leave is requested by the employee. The unforeseen circumstances under this type of leave do not relate to FMLA or pregnancy leaves of absences. In all cases, Leaves Without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 33.1 Procedure for Requesting Leave of Absence Without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence Without Pay. Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence Without Pay. Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence Without Pay in excess of five (5) business days. Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence Without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence Without Pay for more than two (2) monthly premium payment periods. Employees shall retain the status of employee while on Leave of Absence Without Pay. However, a Leave Without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 33.2 Procedure for Unforeseen Circumstances Requests for Leave of Absence Without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will apply to a requested Leave of Absence Without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. 38 Article 34 Cafeteria Plan The City agrees to continue contributing a $940 allotment per month for benefit utilization by each represented employee. The City agrees to a limited re -opener within 18 months of the effective date of this agreement to discuss the monthly allotment amount. At this limited re -opener there will be a review of the medical inflation rate while taking into consideration the City's financial situation as to the action to be taken. The City is under no obligation to increase the monthly cafeteria allotment during the limited re -opener. This allotment must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire an employee, upon proper application and acceptance, shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder to optional benefits as described below or take the remainder in cash. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) shop stewards as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 34.1 Health Coverage During the life of this agreement, the City agrees to continue offering the PERS Health Plan. Employees can opt out of the City provided medical plan if proof of outside medical coverage is provided. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 34.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee, comprised of representatives from each unit, prior to selection of the dental plan for the respective Plan Year. 34.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the vision care plan for the respective Plan Year. 34.4 Disability Insurance The City will offer short-term and long-term disability insurance to represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long- term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination 39 period of 7 -14 calendar days for illness and outpatient procedures. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage's. 34.5 Flexible Benefits Program The City will continue to offer, as long as lawfully permitted, a Flexible Benefits Program during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical, dental and vision plan deductibles and co -payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. 34.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, benefited position status; who retire from the City of Temecula on or after July 1, 2003; and who have enrolled in coverage under the City's medical, dental and vision plans as provided in Sections 34.1, 34.2 and 34.3 of this agreement, during the appropriate Open Enrollment (prior to the employee's designated calendar year of retirement) and also in accordance with CaIPERS standards. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuant to Article 44 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CaIPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this M.O.U. will be eligible for a reimbursement, for monthly premiums (not including co- payments, prescriptions, and other non -premium expenses) purchased and paid for by 40 them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 34.1, 34.2 and 34.3 of this agreement. This payment will begin within 30 days of the employees PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the City will be calculating the reimbursable amount based on the AFTER the mandatory employer contribution rate established by PERS annually. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. By January 3151 of each year, for all coverage's which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Director of Human Resources, proof of coverage and the premium amount for the upcoming year. If this request is not received by January 315', payments will not be made until the request is received, for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Article 35 Life Insurance The first day of the month following date of hire an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. 41 Article 36 Retirement The City agrees to continue to pay the employer's contribution rate required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. The City's PERS contract is the 2.7% @ 55 retirement formula. The City's PERS contract highlights include: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. The City will add a second-tier PERS retirement formula of 2% @ 60 with within the first year of this agreement that will be applied to only those employees hired after the implementation date of the second-tier formula which will include: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service, A more detailed summary sheet is available on the City's intranet website, Share Point. Also be advised — benefited City employees are not covered under Social Security (1.45% Medicare only). The City will continue to pay a contribution to the Public Employees Retirement System, an amount not to exceed 8% of each represented employee's gross compensation to the extent allowable by law. Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Article 37 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 38 Late Starts An employee, who is tardy to work or upon returning from break or lunch, shall be docked pay at the discretion of the Department Director or designee(s). Such docking shall be rounded to the nearest 15 minute increment. However, if the employee is tardy for a period of less than 7 1/2 minutes, then 42 no docking of pay shall occur. If the employee is tardy between 71/2 and 15 minutes, then a full 15 minutes shall be docked. The employee may not utilize a shortened break period or lunch period to make up the time. However, if an employee is late due to extenuating circumstances, then the Department Director or designee(s), at the employee's request, may allow the employee to make up the time at some point during the same work period in which the late start occurred. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 39 Rest Periods All represented employees may take, for each full eight (8) or nine (9) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 1/2 -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, at the direction of the department, rest periods nearby the work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Exceptions to this rule must be with supervisory approval. Rest periods are not cumulative. In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 40 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer the 9/80 -work schedule as defined below: A 9/80 Work Plan is a work schedule whereby employees work 80 hours in a nine (9) day rather than the traditional ten (10) day period. 40.1 Participation Participation in the plan is on a City wide basis. Employees have the option of participating in the 9/80 Work Plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change from a 9/80 or traditional schedule status to the alternate work schedule on a temporary or on-going basis. 40.2 Work Period The work period, for FLSA and overtime purposes, begins on each Friday at 12:01 p.m. and ends at 12:00 noon on the following Friday. 43 40.3 9/80 Day Off Under the 9/80 Work Plan, employees receive one (1) day off every two (2) weeks. 40.4 Alternating Day Off Designation Friday will be the only alternating day off during the week unless modified by the department. Article 41 Grievance Procedure The purpose of this article is to promote improved employer-employee relationships by establishing procedures for appealing management actions. To afford employees, individually or through representation, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. This process is intended to provide settlement of grievances as near as practicable to the point of origin, 41.1 Grievance A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 41.2 Representation An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 41.3 Grievance Discussion An employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 41.4 Non -Reviewable Grievance A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary. B. Appeals from formal disciplinary action. 44 C. Appeals from work performance evaluations. However, there may be an allowable grievance if a bargaining unit member conducts a formal evaluation of another bargaining unit member. 41.5 Filing of Grievance In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 41.6 Grievance Time Limits The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. Step 1 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observer for the grievant must be the shop steward for the grievant's appropriate group. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee may within five (5) business days move the grievance to Step 3. Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final Step If the grievance is not settled in Step 2, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. 45 Article 42 Discipline General Statement of Policy: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of Disciplinary Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warning: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. The supervisor/department director shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be present during this process. Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human 46 Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal: Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. 47 Resignation: An alternative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable: Denial of merit or pay increases, performance evaluations, informal discussions, oral counseling's, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. Administrative Suspensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The notice should include the following information: A description of the proposed action to he taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. Employee Review and Response: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. 48 C. Failure to respond within the time specified may result in the employee's waiver of their pre - disciplinary procedural rights. By mutual agreement, the specified time period may be extended. Department Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to be taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Director enough time to adequately review the employee's response before making a decision. Appeal of Department Director's Decision: An employee may appeal a Department Director's decision within ten (10) business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: E Minor Disciplinary Suspension, Reduction in Pay and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. F. Major Disciplinary Suspension, Reduction in Pay, Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. 49 The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. G Amended Notice of Disciplinary Action: At any time an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 43 Alcohol and Drug Policy It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy over the life of this agreement. Article 44 Reduction of Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no permanent full-time employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Layoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources. The overall evaluation rating will be utilized for purposes of determining performance. lithe overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall 50 performance. Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. B. Documented disciplinary actions above the written reprimand level during the preceding 12 months C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction -in -force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who at the time of the reduction -in -force, held a position in the same job classification. The City may also offer voluntary layoff packages to employees. These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regular full-time position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of their layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave (CAL). C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. Article 45 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. 51 Article 46 Americans with Disabilities Act (ADA) Because the Americans with Disabilities Act (ADA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case-by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The bargaining unit recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The employee's bargaining unit will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance/Arbitration procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the bargaining unit with written notice of its intent to disregard the provision, and if requested will allow the business representative of the bargaining unit the opportunity to discuss options to disregarding the agreement. Article 47 Classification Studies Management and union agree to draw up a side letter to move classification study forward. The side letter will establish the: • Criteria • Prioritization • Implementation The established committees will be ready by spring of 2012 to meet and confer regarding implementation by also creating appropriate job descriptions/salary ranges, resulting from the classification studies. The City is under no contractual obligation to implement any of these recommendations. Article 48 Performing Arts/ Theater Staff Represented City employees who work at the City of Temecula Old Town Temecula Community Theater are provided benefits in accordance with the M.O.U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. B. Employees who do not receive a meal break after the 5`h hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. The City utilizes outside production companies therefore if a meal penalty occurs, 52 employees will be compensated at time and a half by the production company, in accordance with the M.O.U. C. With regards to overtime, all employees shall be compensated in compliance with Article 13 (Overtime) of the M.O.U. D. Employees shall receive an 8 hour rest period between work periods, as outlined in Article 13.4 (Overtime). Article 49 Posting of Vacancies The City will post all bargaining unit vacancies consistent with the MOU. The City agrees to conduct a competitive process for any bargaining unit open position, including promotions, during the life of this agreement. This competitive process does not apply to the classification studies. Article 50 Separability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be no obligation on either party to agree on a replacement provision. Article 51 Performance Evaluations The established Classification Studies Committee(s) will set up measurable criteria for each classification along with a more detailed definition of each of the five (5) rating levels to create "consistency" in the evaluation process throughout all City departments. All managers will be trained in communication skills and enhance their ability/knowledge to give employees the tools needed to achieve acceptable rating levels and maintain a successful career path. If an employee's overall rating drops two (2) rating levels from one evaluation period to the next evaluation period — the employee has the right to appeal the rating with representation from both the Union and the City Manager's office present. When there is a change with whom a bargaining unit employee reports to, their evaluation for that rating period will be completed in the following manner: a. The evaluation will be completed by the supervisor that had the employee under their supervision the most during that 12 -month period. b. The new supervisor will provide input and establish a new set of goals/objectives. c. The employee's evaluation date will not change unless the change to a new supervisor is due to a promotion. Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources, on a mutually agreed upon schedule. Human Resources and the Union will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the 53 Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). The Union can initiate payment by contacting Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. 54 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: Grant ates putty M age Aaron Adams Assistant City Manager reg : tler Pub ' Works Director Denise Lanier' Sr. Human Resources Analyst tit Human Resources Analyst ATTEST City CI rk For the Representatives: Mary Vollmuth Employee Organization Representative r J��rr�ryy Gonzaat z -Employee Organization Representative Maria Ching c� ) Emplo ee Organization Representative t 6-/-2iI Chester Mordaini President, Teamsters Local 911 55 Title Accounting Assistant Accounting Specialist Administrative Assistant Aquatics Supervisor Assistant Engineer Assistant Planner Associate Engineer Associate Planner Asst. Signal Technician Building Inspector II Business License Specialist / Cashier Central Services Coordinator Central Services Supervisor Code Enforcement Officer I Code Enforcement Officer II Community Development Coordinator Community Development Technician Construction Manager Custodian Facility Services Manager GIS Analyst I.S. Specialist Junior Engineer Landscape Inspector Lead Maintenance Worker Maintenance Worker Appendix A Represented Classifications 7/1/11 Title Museum Services Manager Office Assistant Office Specialist Park Ranger Patron Services Coordinator Public Works Inspector Purchasing Coordinator II Recreation Supervisor Special Projects Engineer Sr. CIP Specialist Sr. GIS Programmer Sr. I.S. Specialist Sr. Landscape Inspector Sr. Office Specialist Sr. Public Works Inspector Sr. Recreation Coordinator Sr. Signal Technician Technical Theater Coordinator Theater Technical Supervisor Webmaster AGREEMENT BETWEEN CITY OF TEMECULA AND THE GENERAL EMPLOYEES OF THE CITY OF TEMECULA CAFETERIA PLAN RE -OPENER City of Temecula and the General Employees of the City of Temecula, represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911, agree as follows: Article 34 is hereby amended effective January 1, 2013 to increase the Cafeteria Plan allotment by $150 per employee per month so that the allotment is increased from $940 to $1,090 per employee per month. The parties agree that the re -opener obligations in the 2011-2013 Memorandum of Understanding between the parties have hereby been fulfilled. In all other respects, all terms and conditions in the 2011-2013 Memorandum of Understanding between the parties remain in effect through to and concluding June 30, 2013. Dated this 8`" Day of January 2013. On behalf of Teamsters Local 911 On behalf of the City of Temecula Chester Mordasini Date Jeffrey C. Freedman Date President Attorney Raymond Whitmer Date Isaac Garibay Date Secretary -Treasurer Sr. Human Resources Analyst Michael Duenas Date Greg Butler Date Business Representative/Organizer Public Works Director Mary Vollmuth Date Heidi Schrader Date Chief Steward Sr. Management Analyst Jerry Gonzalez Date Steward Maria Ching Steward Date Leslie Wytrykus Date Steward Item No. 6 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 8, 2013 SUBJECT: Acceptance of Improvements and Notice of Completion for the Duck Pond Fence Replacement, PW11-08 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: 1. Accept the construction of the Duck Pond Fence Replacement, PW11-08, as complete; 2. Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 3. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On February 14, 2012, the City Council awarded a construction contract to Westbrook Fence, Inc. in the amount of $49,067 to complete the Duck Pond Fence Replacement, PW11-08. The work for the Duck Pond Fence Replacement included demolition of the existing fence and the installation of new 700 linear feet of white Duramax 3 -rail vinyl fence five feet in height, 1,880 linear feet of white Duramax 2 -rail vinyl fence 3'-2" in height with 2" x 4" 12 gauge welded galvanized wire mesh 3 feet in height adhered to the posts, five single swing white powder coated metal gates (3 feet high with varying widths, 4 to 5 feet, with ADA hardware, one double swing white powder coated metal gates, 3 feet high with varying width, 8 to 9 feet, and a closure/locking mechanism for a standard pad lock. Work also included temporary fence and access during installation and other miscellaneous appurtenant work. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from April 30, 2012, the date the City obtained "beneficial use" of the project improvements. The construction retention for this project was released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Duck Pond Fence Replacement, PW11-08 was part of the Park Improvement Program project included in the FY2011-2012 CIP budget and was funded with Capital Project Reserves. The total amount of the construction contract was $49,067. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Westbrook Fence, Inc. P.O. Box 90310 San Bernardino CA 92427 to perform the following work of improvement: Duck Pond Fence Replacement Project No. PW11-08 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 8, 2013. That upon said contract the Western Surety Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Temecula Duck Pond Duck Pond Fence Replacement Project No. PW11-08 The location of said property is: 28250 Ynez Road, Temecula, California. Dated at Temecula, California, this 8th day of January, 2013 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 8th day of January, 2013 City of Temecula Susan W. Jones MMC, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE DUCK POND FENCE REPLACEMENT PROJECT NO. PW11-08 This is to certify that Westbrook Fence, Inc. (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as DUCK POND FENCE REPLACEMENT, PROJECT NO. PW11-08, situated in the City of Temecula, State of California, more particularly described as follows: 28250 Ynez Road, Temecula, California The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute t Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: )/j�. By: CONTRACTOR Signature , ^It, �r !��`,o-c+art s�//7),(6)fl�( h7.. Print Name and Title Item No. 7 Approvals City Attorney Chief Financial Officer City ManagerOCL P0-1- -/-4P CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 8, 2013 SUBJECT: Fifth Amendment to the Agreement with KRW & Associates for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2012-13 PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: Approve a Fifth Amendment to the Agreement with KRW & Associates to increase the payment terms by $10,000 for a total contract amount of $70,000 for engineering plan check, map and legal description review for Fiscal Year 2012-13. BACKGROUND: In July of 2009, the City entered into an annual agreement with KRW & Associates for engineering plan check, map and legal description review. Subsequent to that on March 4, 2010, Amendment No. 1 was approved by the City Manager to add new scope of work (the signing of surveying related documents). On July 1, 2010, Amendment No. 2 was approved by the City Manager to extend the term of the agreement to June 30, 2011, to increase payment in the amount of $15,000 and to revise the "Notices" section of the agreement. On May 10, 2011, Amendment No. 3 was approved by the City Manager to extend the term of the agreement to June 30, 2012 and to increase payment in the amount of $15,000. On March 27, 2012, Amendment No. 4 was approved by the City Manager to extend the term of the agreement to June 30, 2013 and to increase payment in the amount of $15,000. With Amendment No. 4, KRW & Associates' contract amount totaled to $60,000. There has been a substantial increase in development application submittals; requiring more of KRW & Associates review services such that the additional $15,000 authorized per Amendment No. 4 for FY2012-13 is not sufficient to cover the needed professional services. Thus, there is a need for the subject amendment to add $10,000 to allow for the additional professional services. Including the subject amendment that total authorized amount will be $70,000. To date, staff has been satisfied with the services provided by KRW & Associates and wishes to continue to use their services for the full fourth year of the contract. FISCAL IMPACT: Adequate funds for Amendment No.5 are available in the Annual Operating Budget for FY2012-13. Individual service requests are funded by the various funding sources approved for each project. ATTACHMENTS: Fifth Amendment with KRW & Associates FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KRW & ASSOCIATES FOR ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW THIS FIFTH AMENDMENT is made and entered into as of January 8, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Kris R. Winchak dba KRW & Associates (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 July 1, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review', in the amount of $15,000. b. On March 4, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to add scope of work. c. On July 1, 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to extend the term, to increase the payment in the amount of $15,000 and to revise the Notices section. d. On July 1, 2011, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to extend the term, to increase the payment in the amount of $15,000. e. On March 27, 2012, the City and Consultant entered into the Fourth Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to extend the term, add scope of work and to increase the payment in the amount of $15,000. f. The parties now desire to increase the payment in the amount of $10,000 and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIFTH Amendment amount shall not exceed Ten Thousand Dollars and No Cents ($10,000) for additional Engineering Plan Check, Map and Legal Description Review for a total Agreement amount of Seventy Thousand Dollars and No Cents ($70,000). 1 3. 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 KRW & ASSOCIATES (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 Kris R. Winchak, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT KRW & Associates Attn: Kris Winchak P.O. Box 867 Murrieta, CA 92564 (951) 245-0159 kwinchakverizon.net 3 PM Initials B Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. KRW & ASSOCIATES Land Surveying, Planning and Land Development P.O. Box 867 Murrieta, C.A.. 92564 Bus. Ph & Fax (951) 245-0159, Cell (909) 262-7009 February 21, 2012 City of Temecula, Department of Public Works 41000 Main Street Temecula Ca. 92590 Attn: John Pourkazemi, Associate Engineer City of Temecula Subject: Proposal for KRW & Associates to provide "Professional Services" to the City of Temecula Department of Public Works. Dear Mr. Pourkazemi This letter is to provide a "Proposal" for KRW & Associates to provide "Professional Services" to the City of Temecula Department of Public Works starting Fiscal Year 2012. The scope of these "Professional Services" to be provided by KRW & Associates under this "Proposal" shall include the following: • Plan Checking of Tract Maps, Parcel Maps, Lot Line Adjustments, Easements, Real Property Legal Descriptions and any other documents relating to the Surveying Profession. • Prepare Subdivision Maps and prepare Legal Descriptions for Easements and Real Properties, Survey Plats and any other survey related work with compensation based on a separate written proposal to be approved by the City Engineer. • The signing of Tract Maps and Parcel Maps shall be provided by KRW & Associates, on behalf of the City of Temecula for the Technical Map Review and Approval. This will be performed upon the completion of the plan check review of Maps done either by KRW & Associates or by City engineering staff reviewing the Maps under the direct supervision of KRW & Associates. The signature statements to be used on the Maps shall be based on the agreed statement form to be determined between the City of Temecula and KRW & Associates. • The signing of all Lot Line Adjustments, Lot Mergers, Survey Plats, Legal Descriptions, Deeds, Easements and any other survey related legal documents for technical review shall be provided by KRW & Associates, on behalf of the City of 4 Temecula, for the Technical Document Review and Approval. The signature of approval for the technical review of these documents will be based upon the completion of plan check review done either by KRW & Associates or by City engineering staff reviewing the documents under the direct supervision of KRW & Associates. The signature statements to be used on these documents shall be based on the agreed statement form to be determined between the City of Temecula and KRW & Associates. I understand the terms of my "Proposal" are based on the attached City Agreement. The compensation for "Professional Services" provided by KRW & Associates will be paid by the City of Temecula at a rate of One Hundred Ten Dollars ($110.00) per hour based on a project by project basis, not to exceed the amount specified in the City Agreement unless otherwise authorized by the City of Temecula. I am very pleased to be of service to the City of Temecula Department of Public Works and look forward to the future and continuation of our work relationship. Very Truly Yours, l? ,3 Kris R. Winchak, L.S. 6240 KRW & Associates 5 Item No. 8 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 8, 2013 SUBJECT: Award of a Construction Contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW 03-05 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: 1. Award a construction contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, to Granite Construction Company in the amount of $4,770,079; 2. Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $477,007.90, which is equal to 10% of the contract amount; 3. Make a finding that the Pavement Rehabilitation — Main Street Bridge Over Murrieta Creek (Replacement) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On September 11, 2012 the City Council approved the plans and specifications for Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, and authorized staff to solicit construction bids. The project will consist of the removal of the existing, seven -span cast -in-place concrete bridge and replacing it with a single -span, prefabricated steel truss bridge; construction of street improvements, including sidewalk, curb & gutter, decorative pavement, reinforced concrete pipe (RCP) storm drain, installation of scour protection in the creek channel, and landscaping, and decorative bridge accents including lighting. On December 6, 2012 nine bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. Granite Construction Company 2. Coffman Specialties, Inc. $ 4,770,079.00 $ 4,925,000.00 3. Powell Constructors, Inc. $ 5,179,190.00 4. Flatiron West, Inc. $ 5,219,126.00 5. Beador Construction Company, Inc. $ 5,263,700.00 6. C.S. Legacy Construction, Inc. $ 5,306,652.00 7. TC Construction Company, Inc. $ 5,493,605.00 Sean Malek Engineering & Construction Minako America Corporation Non-responsive Non-responsive Staff has deemed the bids submitted by Sean Malek Engineering & Construction and Minako America Corporation as non-responsive due to the fact that the City did not receive their original bid bond within the 24-hour period as required by the Project Specifications, "Notice Inviting Bids", Section 7, "Instructions to Bidders", Section 2, and "Proposal", Item No. "i." Staff has reviewed the bid proposals and found Granite Construction Company to be the lowest responsible bidder. Granite Construction Company has public contracting experience and has completed similar projects for the City and for other agencies. The total bid amount is $4,770,007.90. The specifications allow for a schedule of 180 working days, which is an approximate duration of 10 months. The Engineer's Construction Estimate for the Main Street Bridge Over Murrieta Creek was $6,200,000. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Main Street Bridge Over Murrieta Creek (Replacement) involves replacement of an existing bridge, and since the new bridge does not add capacity, the project is exempt from the 5% MSHCP fees. Environmental clearances has been received through CalTrans. FISCAL IMPACT: The Main Street Bridge Over Murrieta Creek (Replacement) project is budgeted within the City's Capital Improvement Program Fiscal Years 2013-17 and is funded by Capital Project Reserves, Development Impact Fees (Street Improvements), and the Federal Highway Bridge Program. There are sufficient funds in account 210.165.743 to cover the costs of the project. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) PROJECT NO. PW03-05 THIS CONTRACT, made and entered into the 8th day of January, 2013, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Granite Construction Company, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT), PROJECT NO. PW03-05, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT), PROJECT NO. PW03-05. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT), PROJECT NO. PW03-05. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise CONTRACT C-1 specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT), PROJECT NO. PW03-05 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FOUR MILLION SEVEN HUNDRED SEVENTY THOUSAND SEVENTY NINE DOLLARS and NO CENTS ($4,770,079.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed ONE HUNDRED EIGHTY (180) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be CONTRACT C-2 paid a sum equal to ninety-five percent (95%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of five thousand dollars ($5,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with CONTRACT C-3 the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. CONTRACTOR shall post a copy of such wage rates at the job site and if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay riot less than the higher wage rate. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all CONTRACT C-4 workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. CONTRACT ASSURANCE. The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such remedy, as recipient deems appropriate. 20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all CONTRACT C-5 such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 22. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 23. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 CONTRACT C-6 Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Granite Construction Company, Inc. 440 S. Melrose Dr., Suite 200 Vista, CA 92081 (760) 732-0910 By: Jigisha Desai, Vice President By: Kent H. Marshall, Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney D 0 CONTRACT C-7 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Location Aerial Data- March 2010 CC 0 60 120 Feet 240 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Proiect Description: This project includes the design and construction of a new bridge and approach roadways which meet current safety standards and compatibility with the City's circulation element and the planned Murrieta Creek Improvement Project. The new bridge will meet the United States Army Corps of Engineer's (USACE) Creek Improvement Project needs. The cost will count towards the City's contribution to the USACE Project. Project includes removal of the existing bridge, pavement, curb and gutter, sidewalk and storm drain facilities, and environmental studies and mitigation. Benefit / Core Value: This project improves traffic safety and circulation. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design to replace the existing bridge is complete and environmental clearance has been obtained from the California Department of Transportation (Caltrans). The project is estimated to be complete by December 2013. Department: Public Works—Account No. 210.165.743 Level: I Project Cost: Actuals to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Administration $ 308,460 $ 225,265 $ 533,725 Construction $ 41,729 $6,100,000 $ 6,100,000 Construction Engineering $ 975,063 $ 150,510 $ 150,510 Design $ 698,090 $ 6,047 $ 704,137 MSHCP $ 10,242 $ 294,758 $ - $ - $ - $ - $ - $ 305,000 Totals $ 1,016,792 $6,776,580 $ - $ - $ - $ - $ - $ 7,793,372 Actua Is Source of Funds: to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Capital Project Reserves $ 41,729 $ 41,729 DIF (Street Improvements) $ 975,063 $ 526,070 $ 1,501,133 HBP $6,250,510 $ 6,250,510 Total Funding: $ 1,016,792 $6,776,580 $ - $ - $ - $ - $ - $ 7,793,372 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 2016-17 $ 10,200 1 $ 10,404 1 $ 10,612 1 $ 10,824 1 $ 11,041 57 Item No. 9 Approvals City Attorney Chief Financial Officer City Manager Oct CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 8, 2013 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer - CIP RECOMMENDATION: 1. Approve an increase to the contingency of the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09, in the amount of $10,322.39 and increase the Interim City Manager approval authority by that same amount; 2. Accept the construction of the Citywide Slurry Seal Fiscal Year 2011-12, PW11- 09, as complete; 3. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 4. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On May 8, 2012, the City Council awarded a construction contract to American Asphalt South, Inc. in the amount of $700,791.50 to complete the Citywide Slurry Seal Project Fiscal Year 2010-11, PW 11-09. The project area included portions of Paseo Del Sol, California Sunset, Rainbow Canyon and Starlight Ridge Areas. The project consisted of cleaning and crack sealing the existing roadway surface, applying Rubber Polymer Modified Slurry (RPMS) and restoring pavement delineation. RPMS was used to seal the project roadways against water intrusion to prolong the life of the asphalt concrete pavement. During construction, staff determined that the slurry limits needed to be extended beyond the original contract limits at the following locations: • Pauba Road (at the City library) • Rancho Vista Road (Mira Loma Drive to Ynez Road) • Pauba Road (La Primavera Street to Ynez) • Rainbow Canyon Road (Pechanga Parkway west to the south end of the adjacent housing tract) Staff requested a proposal from the contractor to slurry seal, stripe and install the pavement markers on the additional areas and authorized the work to be completed by executing a contract change order because the proposal amount was within the remaining contingency amount. However, upon completion of the work, the field measured final quantities for the various items of work exceeded the original estimated quantities. The requested increase to the contingency in the amount of $10,322.39 is the amount needed to fully compensate the contractor for all additional work. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from July 30, 2012; the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: Adequate funds are available in the Department of Public Works Maintenance Division Fiscal Year 2012-13 Budget for Routine Street Maintenance for the requested additional expenditure of $10,322.39. The original contract amount was $700,791.50, contract change orders and remaining contingency totaled $70,079.15, and with the additional appropriation of $10,322.39, the total cost of the project is $781,193.04. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc. to perform the following work of improvement: Citywide Slurry Seal Fiscal Year 2011-12, PW 11-09 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 8, 2013. That upon said contract the Guarantee Company of North America USA - 1800 Sutter Street, Suite 880, Concord, Ca. 94520 was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Slurry Seal Fiscal Year 2011-12, PW11-09 6. The location of said property is: Citywide, Temecula, California. Dated at Temecula, California, this 8th day of January, 2013 of Council Meeting City of Temecula Susan W. Jones MMC, City Clerk C:1Program Files (x86)Weevia.Com \Document Converter\temp13040.doc Form STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss ) I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 8th day of January, 2013 of Council Meeting. City of Temecula Susan W. Jones M MC, City Clerk C:1Program Files (x86)Weevia.Com \Document Converter\temp13040.doc Form Premium: Included in Performance Bond Amount CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 12087040 MAINTENANCE BOND FOR CITYWIDE SLURRY SEAL FY 2011-12 PROJECT NO. PW71.09 KNOW ALL PERSONS BY THESE PRESENT THAT: American Asphalt South, Inc. -14436 Santa Ana Avenue, Fontana, CA 92337 NAME AND ADDRESS CONTRACTOR'S a Corporation Mil iri whether a Corporation. Perfnership orindividua0 hereinafter called Principal, and The Guarantee Company of North America USA -1800 Sutter Street, Suite 880, Concord, CA 94520 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the nal s of ---Seven Thousand, bight Hundred i welve--- DOLLARS and —Zero CENTS ($ ---7,812.00-- in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 8thday of May 2012, a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL FY 2011-12, PROJECT NO. PW11.09. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on January 8 , 2012. -- NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE SONO M6-1 PW 11-09-8td Docs As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 3rd day of December 2012 (Seal) The Guarantee Company of North America USA SURETY By: Elizabet (/\tlorney-in-f=act (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney American Asphalt South, Inc. PRINCIPAL By: r Day(Name), ,` (Title) (Name) ✓ Se►r4, (Title) Attach Notarial Acknowledgement or Jurat for both the Sure and Principal Signatures MAINTENANCE ECM M8-2 PW 11-09•Btd Docs CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On December 3, 2012before me, J. Lelouarn, Notary Public personally appeared Elizabeth Collodi (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/alre subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ heir authorized capacity(ie3), and that by his/her/their signature(e) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my had and of icial seal ,,13lure of ptary ______ ,Q._ J (Notary Seal) I ` J. LELOUARN 1 �'::-. COMM. i 1973758 V' �. `'i NOTARY PUBLIC - CALIFORNIA / COUNTY OF BUTTE r.,:I rl ` Comm. Expires MAR. 30. 2018 I. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefdly for proper notarial wording and attach this form if required DESCRIPTION OF THE ATTACHED DOCUMENT Maintenance Bond (Title or description of attachcd document) American Asphalt South, Inc. (Title or description of attached document continued) Number of Pages 2 Document Date 12/03/12 The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑■ Attorney -in -Fact ❑ Trustee(s) ❑ Other • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •.- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • - Indicate title or type of attached document, number of pages and date. •.- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.c. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip 0. Watkins, Keith T. Schuler lnterwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof. which are or may be allowed. required or permitted by law, statute, rule, regulation. contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so. and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31m day of December, 2003. The President, or any Vice President. acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given. except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only. it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond. undertaking, contracts of indemnity and other writings obligatory in the nature thereof. and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer. this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known. and being by me duly sworn. said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. O • T� I, Randall Musselman. Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3rd day of December , 2012 Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of 54 n J7r r !}�i ((/f /7 On G dT d49/) - ode personally appeared 1-y 1e. }ss. before me, h' — Ta iv P Name and Tree of Officer (e.g . 'Jane foe. Notary Pubic' Sfe,ne (4rIG/ re4 PE�-ftS� Name(s) 01 Srgner(s) ryENTRIKIN fit, y COMM. *1854481 0, NOTARY PUBIC - CALIFORNIA co SAN BERNARDINO COUNTY yo V �. i� My Comm. trim: .1t21-13. 2013 X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .isfare subscribed to the within instrument and acknowledged to me that helfihts/they executed the same in pilthef%their authorized capacity(ies), and that by.145/1r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Purn,c OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: O Individual ❑ Corporate Officer — Title(s): D Partner — E Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TNUR OF SIG( PRINT R Top of thumb here ��,,II hh' ,k,15I Ih '}�. _ c,`�_-`c;`�"C,• �-`%�;`�G�.`FcZ`%p�Z�:�fi�>-.^�>t`i.�`t.�.:�""i.,�C`�,�Z�`G($Z=G-'`�`>`�5�.`C4�<;,:�:��"..C'�`,c>CC'.`CC;Ci;Gt;.'%C;Tir'I C 1999 NallOrral Notary Assoc aoon • 9350 De S010 Ave.. P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nahonalnotary.org Prod. No. 5907 Reorder: Celt Toll -Free 1-800876-6827 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE CITYWIDE SLURRY SEAL FY 2011-12 // PROJECT �NO. PW11-09 This is to certify that%etY 444,5/�, (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as CITYWIDE SLURRY SEAL FY 2011-12, PROJECT NO. PW11-09, situated in the City of Temecula, State of California, more particularly described as follows: Mriays 9rre . INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: /07" -M: -.0W By: f Si• : ure // Sloe Sear Print ame and Title RELEASE R-1 PW 11.09 -Bid Docs Item No. 10 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 8, 2013 SUBJECT: Santiago Road Design Guideline RECOMMENDATION: Approve the Santiago Road Design Guideline. BACKGROUND: Santiago Road is shown as a "Limited Secondary Arterial Road (2 -lanes Divided)" on the Circulation Element of the City's General Plan. This roadway designation has a unique offset cross-section intended to enhance the rural nature of the streets with this designation, while accommodating all modes of transportation including vehicular, bicycle, and pedestrian. In areas with long stretches of undeveloped land or an entirely new street alignment the implementation of such a roadway cross-section would serve its purpose well. Along the Santiago Road corridor though there are only two undeveloped properties that would be subject to the current roadway cross-section. Approaching these undeveloped segments, Santiago Road has been improved to various other roadway cross-sections that were in place at the time of development. To further complicate the construction of Santiago Road a meandering natural drainage course traverses the area encroaching into what would be improved road right-of-way if one strictly adhered to the current roadway cross section. The Public Works department has analyzed the existing improved segments of Santiago Road, as well as the alignment of the natural drainage course, and determined that without significant drainage course re -alignment requiring costly and burdensome resource agency permits, implementing the existing cross section would be infeasible. Staff is therefore recommending that a flexible design guideline be implemented that can accommodate all modes of travel and still maintain the rural feel of the roadway cross-section. The guideline allows flexibility to adjust the pavement alignment within the ROW to minimize impacts to natural resources while still providing enough pavement width for a wider bike lane and a wider curb adjacent graded walkway for pedestrians and equestrians. Staff presented the proposed design guideline to the Planning Commission, the Public/Traffic Safety Commission and the Community Services Commission; all supported the concept and recommended Council approval. FISCAL IMPACT: None ATTACHMENTS: 1. Existing Cross -Section — Limited Secondary Arterial 2. Proposed Guideline Cross -Section R/W I-4 88' 46' 23' I 2, 10' 5' 12' GRADED SHOULDER STABILIZED D. G. A.C. BERM PER C.O.T. STD. 214 2MT.A.C. COMPACTE SUBGRADE 23' 12' A.C. BERM PER- C.O. T. STD. 214 A. C. YM BASE COURSE f 12' NATURAL LANDSCAPE 2% 10' TRAIL f FENCE\ R/W I TRANSITIONAL NATIVE l�\`//`//`//\`//``�,``/,\`/,``//``/\`/C�, -4)J� /� //l�/.,,//\//\`//` i�0��/i\�/i��/`�4``�/\ �`�`Y✓\�/`\¢�\G\\%`\�/\\/�\\gyp \\ \ \ \ \\ \• STABILIZED D. G. NOTES: COMBINED THICKNESS OF BASE AND SURFACE MATERIAL TO BE DETERMINED BY THE SOILS ENGINEER'S RECOMMENDATIONS. SEE STANDARD NOS. 115 8 115 FOR PAVEMENT DESIGN REQUIREMENTS AND GENERAL NOTES. ** PAINTED MEDIAN OR LEFT -TURN LANE AT INTERSECTIONS. FENCE SHALL BE A THREE -RAIL VINYL FENCE FOUR FEET HIGH WITH ALL POSTS, FOUNDATIONS, END CAPS AND POSTS, PER THE PLANNING DEPARTMENT. STABILIZED DECOMPOSED GRANITE (D. G.) SHALL CONFORM TO GREENBOOK SECTION 200-7, EXCEPT AS MODIFIED BY THE DIRECTOR OF PUBLIC WORKS. APPROVED BY.. GREG BUTLER, DI CTO R.C.E. NO. 47109 OCTOBER 12, 2011 OF PUBLIC WORKS/CITY ENGINEER DATE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS REVISIONS REV. BY: APPR'D DATE REV. BY: APPR'D DATE 10/98, 12/06 4 1 5 LIMITED SECONDARY ARTERIAL (2 LANES DIVIDED) 3 6 STANDARD NO. 1028 R/W 2 /0' MIN. GRADED SHOULDER VARIES - 66' MIN. 46' R/W 23' 23' ll' 12' /2' /1' c'y R/W 2% A.C. BERM PER C.O.T. STD. 2/4 T. A. C.2PVM A.C. BERM PER C.0.7". STD. 2/4 A.C. PVMT. 10' MIN. 2' GRADED SHOULDER 2% ,-- STAB'aBASE D. G. * COMPACTECOURSE SUBGRADE 2'10' MIN. GRADED SHOULDER VARIES - 66' MIN. 46' STABILIZED D. G. * 23' 23' /2' 6'** 6'** 2% A.C. BERM PER C.O.T. STD. 2/4 A.C. 2 .C.2 12' _1 5'_ PAINTED LEFT TURN LANE A. C. BERM PER C.O.T. STD. 214 A.C. PVMT. R/W 1 10' MIN. 2' GRADED SHOULDER 2% STABILIZED D.G. * COMPACTE SUBGRADE BASE COURSE INTERSECTION DETAIL STABILIZED D. G. * NOTES: * FOR LONGITUDINAL GRADES OVER 5%, THE GRADED SHOULDER SHALL BE ASPHALT CONCRETE PAVEMENT. ** PAINTED LEFT -TURN LANE AT INTERSECTIONS. COMBINED THICKNESS OF BASE AND SURFACE MATERIAL TO BE DETERMINED BY THE SOILS ENGINEER'S RECOMMENDATIONS. STABILIZED DECOMPOSED GRANITE (D. G.) SHALL CONFORM TO GREENBOOK SECTION 200-7, EXCEPT AS MODIFIED BY THE DIRECTOR OF PUBLIC WORKS. SEE STANDARD NOS. /13 8 1/5 FOR PAVEMENT DES/GN REQUIREMENTS AND GENERAL NOTES. APPROVED BY: GREG BUTLER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE R.C.E. NO. 47/09 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS REVISIONS REV. BY: APPR'D DATE REV. BY: APPR'D DATE 4 2 5 SANTIAGO ROAD DESIGN GUIDELINES (2 LANES) 3 6 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 11 ACTION MINUTES of December 11, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:39 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 18 Action Minutes — Approved Staff Recommendation (3-0-2, President Comerchero and Director Roberts abstained) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval, with two abstentions. President Comerchero and Director Roberts did not attend the November 27, 2012 Community Services District Meeting and therefore abstained. RECOMMENDATION: 18.1 Approve the action minutes of November 27, 2012. 19 Financial Statements for the Three Months Ended September 30, 2012 — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. 20 Acceptance of Landscape Bonds and Agreement for a Landscaped Median on De Portola Road — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Accept the surety bonds and agreement from Universal Health Services of Rancho Springs, Inc. for a landscaped median located on De Portola Road. 1 CSD Action Minutes 121112 CSD BUSINESS 21 Appointment of President and Vice President of the Temecula Community Services District for Calendar Year 2013 — Director Washington made the motion to appoint Jeff Comerchero as President of the Temecula Community Services District for Calendar Year 2013 and Maryann Edwards as Vice President of the Temecula Community Services District for Calendar Year 2013. The motion was seconded by Director Naggar; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 21.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2013, to preside until the end of Calendar Year 2013; 21.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2013, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:42 P.M., the Community Services District was formally adjourned to Tuesday, January 8, 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. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 CSD Action Minutes 121112 Jeff Comerchero, President Item No. 12 Approvals City Attorney Chief Financial Officer City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Tamra Irwin, Acting Director of Community Services DATE: January 8, 2013 SUBJECT: Third Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Approve the Third Amendment to the Willdan Financial Services Agreement to extend the term to December 31, 2013 and increase the payment by $39,500 for a five year contract total of $194,000. BACKGROUND: In November 2008, the Temecula Community Services District (TCSD) prepared a Request for Proposal for assessment engineering services. TCSD received five (5) proposals which were reviewed and ranked by a committee. Based on their proposal content and service fee amount, one (1) firm, Willdan Financial Services, was interviewed by the committee in January 2009. After the interview, the committee determined that Willdan Financial Services was the most qualified firm to provide the required assessment engineering services. Willdan Financial Services maintains an office in Temecula and they have access to Temecula's historical assessment data. In February 2009, the TCSD entered into an agreement with Willdan Financial Services for annual assessment engineering. In December 2009, the TCSD entered into the First Amendment to the agreement to extend the term and payment sections of the agreement. In January 2012, the TCSD entered into the Second Amendment to the agreement to extend the term and payment sections of the agreement. The Second Amendment expired on December 31, 2012. The TCSD is satisfied with the level and quality of service provided by Willdan and would like to extend the term to December 31, 2013. Staff anticipates going out to Request for Proposal (RFP) later in 2013 for these assessment services. The payment for the additional one (1) year of service will increase the contract amount by $39,500.00. This will bring the total payment to $194,000.00 over a five year period. FISCAL IMPACT: Adequate funds in the amount of $39,500 are available in the Fiscal Year 2012-13 Temecula Community Services District (TCSD) Operating Budget. ATTACHMENT: Third Amendment and Attachment A THIRD AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WILLDAN FINANCIAL SERVICES FOR ASSESSMENT ENGINEERING SERVICES THIS THIRD AMENDMENT is made and entered into as of January 8, 2013, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Willdan Financial Services, 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 February 10, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Assessment Engineering Services," in the amount of $39,500.00. b. On December 8, 2009, the City and Consultant entered into the First Amendment to that certain Agreement entitled, "Agreement for Assessment Engineering Services" to extend the term of the agreement to December 31, 2011; and increase the payment in the amount by $75,500.00. c. On January 10, 2012, the City and Consultant entered into the Second Amendment to that certain Agreement entitled, "Agreement for Assessment Engineering Services" to extend the term of the agreement to December 31, 2012; and increase the payment in the amount by $39,500.00. d. The parties now desire to extend the term of the agreement to December 31, 2013; increase the payment amount by $39,500.00; and amend the Agreement, as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than December 31, 2013, unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant quarterly, 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 Third Amendment amount shall not exceed thirty-nine thousand five hundred dollars and no cents ($39,500.00), for a total Agreement amount of one hundred ninety-four thousand dollars and no cents ($194,000.00)." 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. 1 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT WILLDAN FINANCIAL SERVICES (Two Signatures of corporate officers required, unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, CSD President Mark J. Risco, President and CEO ATTEST: By: By: Susan W. Jones, MMC, City Anne Pelej, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Willdan Financial Services Ms. Josephine Perez -Moses 27368 Via Industria, Suite 110 Temecula, CA 92590 (800) 755-6864 (951) 587-3510 2 PM Initials: n j Date: v ATTACHMENT A Exhibit B PAYMENT RATES AND SCHEDULE The following fixed fees and schedule of quarterly payments shall be in effect for the scope of services as set forth in Section 2 and 5 of the agreement. 2013 First Quarter Second Quarter Third Quarter Fourth Quarter Amount $5,250.00 $5,250.00 $5,250.00 $5,250.00 Assessment Services Reimbursable Expense Public Notices $21,000.00 $2,000.00 $16,500.00 Total for 2013 $39,500.00 Due January 2013 April 2013 July 2013 October 2013 Original Agreement Amount First Amendment Amount Second Amendment Amount Third Amendment Amount Grand Total Amount $39,500.00 $75,500.00 $39,500.00 $39,500.00 $194,000.00 3 PUBLIC HEARING Item No. 13 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 8, 2013 SUBJECT: Update on the Initial Study for a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11), a Development Plan to construct 120 apartment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PA12-0034 and PA12-0033) — Continued from November 13, 2012 PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: Review updated information and continue the public hearing to January 22, 2013. BACKGROUND: The proposed General Plan Amendment, Zoning Text Amendment to revise the text for Planned Development Overlay-11(PDO-11), and Development Plan for Rancho Vista Village (previously Mira Loma Apartments) was reviewed by City Council on November 13, 2012. The public testimony received at the hearing resulted in City Council directing staff to add information to the Initial Study prepared for the project and to recirculate the Initial Study. City Council also gave direction for the applicant to address the General Plan Amendment requirement for public amenities by adding a pedestrian and bicycle path along the eastern edge of the project that is open to the public. The Initial Study has been revised and its 30 -day public review period will close on January 11, 2013. Regarding the requirement for the project to provide public amenities, the applicant has designed a pedestrian and bicycle path along the eastern edge of the project that will be open to the public. Staff has met with the applicant to review the plans for the proposed trail and believes that the proposed design is consistent with the direction given by City Council to address this concern. FISCAL IMPACT: None DISTRICT BUSINESS Item No. 14 Approvals City Attorney Chief Financial Officer City Manager OaL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: January 8, 2013 SUBJECT: Public/Traffic Safety Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint one applicant to serve a full three-year term on the Public/Traffic Safety Commission through October 10, 2015. BACKGROUND: The term of Commissioner Bob Hegel expired on October 10, 2012. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by posting the openings at various locations within the City and on the City's Web page, as well as notifying the newspapers. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Mayor Pro Tem Edwards for review and recommendation. Both Mayor Naggar and Mayor Pro Tem Edwards have recommended the re -appointment of Bob Hagel to serve a full three-year term through October 10, 2015. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of October 16, 2012. FISCAL IMPACT: None ATTACHMENTS: Four Applications for Appointment RECEIVED se, 2012 CITY CLERKS CEP City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Planning Community Services x Public Traffic Safety Number of years as a City of Temecula Resident 9.5 Are you a City Registered Voter? Yes NAME: Robert J. Hagel Sr . ADDRESS: DAYTIME PHONE: EMPLOYER NAME: _ EMPLOYER ADDRESS: OCCUPATION: Business Owner EVENING PHONE: E-MAIL Educational Background/Degrees: BS in Economics and Industrial Relations List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula P/TSC - 6 Years; Murrieta Economic Development Committee - 2 Years; Murrieta Community Steering Committee -1 Year; Temecula Citizens Corp List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Served as Board Chairman of the Murrieta Chamber: 2009-2010. Murrieta Chamber of Commerce - Board Member: July 2006 - June 2012; Temecula Valley Chamber of Commerce. I continue to seek economic development opportunities based on my previous work experience and present these opportunities to Temecula and Murrieta. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) To continue serving my community by using the knowledge and experience I have gained serving on the P/TSC to provide City Council with recommendations that benefit the greatest portion of our citizens as possible, while being practical, cost effective and within all the laws that guide'us. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. _ Signature: � I ; c e C.' ' << .fir' Date:3_.e jfi-Q-',ke4 i Ui c, i 2. Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 10-09-12 A11:51 IN Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Planning R CEIVED OCT -92012 STY CLERKS DEP' Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 5 Are you a City Registered Voter? YES NAME: Richard E Marruffo II ADDRESS: DAYTIME PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: OCCUPATION: Navy Senior Chief EVENING PHONE: E-MAIL Educational Background/Degrees: PLEASE SEE ATTACHMENT. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: 3 Date: A-7 «_2,r/ 2_ Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED- DEADLINE PUBLIC TRAFFIC SAFETY COMMISSION APPLICATION Educational Background/Degrees: I have an AAS degree in Technical Studies from Excelsior College of New York. I am currently attending Columbia Southern University online, and will graduate with a BS degree in Occupational Safety and Health in June 2013. I have attended driver training and large vehicle driver training through the military. I have also attended the Motorcycle Safety Foundation's motorcycle safety course every two years since 1995, as well as the MSF's dirt bike rider safety course. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong: I am currently a member of the American Legion Post 595, and the American Legion Riders Chapter 852 in Temecula. I was a volunteer for the San Diego County Sheriff Search and Rescue from 2002 to 2005. I participate in many local fundraisers for organizations including but not limited to Michelle's place, Oak Grove, just to name a few. I participate with the NJROTC program at Chaparall High School. I also attend most Temecula Chamber of Commerce events in support of my wife's local business. State why you wish to serve on this commission, and why you believe you are qualified for the position: I have lived in Temecula on and off since 1978, seeing it go through various stages of growth. My current residency started in 2007. I have served and continue to serve my country in the United States Navy since 1987. My reason for joining the Navy back then was to serve and protect my country. It is my desire to serve my community to make it a safe and enjoyable place for all who live here and for all who visit. I believe that this position would give me the opportunity to do that. From 2002 to 2005, I worked as a Navy Police Chief. During that time I interacted with many federal (NCIS, Border Patrol), state (CHP), and local (Sheriff, SDPD) law enforcement agencies on a regular basis. I provided my commanding officer with law enforcement recommendations, as well as anti-terrorist prevention planning and training, and command disaster planning and prevention. As a Search and Rescue volunteer, I interacted directly with the public on numerous occasions. As a Senior Chief in the U. S. Navy, my daily duties include making tough decisions that affect everything within my command. Thank you very much for your time and consideration. Sincerely, Richard E. Marruffo II 1 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula G City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application CEIVED SEP 112012 ITY CLERKS DEPT. Please Cheek Oneo Planning Community Services /l Public Traffic Safety Number of years as a City of Temecula Resident /. ' Are you a City Registered Voter? / _ NAME: 81:0-/9 Li Y ,J- 5Q// ✓,-, Re -OCCUPATION: r g_%% ` .1S ADDRESS: DAYTIME PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: /( Y 74 EVENING PHONE: _) 427 c - E-MAIL Educational Background/Degrees: ,„_, List any City or County Board, Committee or Commission on'whidh you Wave served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations. service clubs. etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation andlor references are encouraged.) 1 understand that any or all Information on this form may be verified. I consent to the release of this Information for public information purpos Signature: Please return to: Ci Mail t Date: erk's'Office. 41000 Main Street (951) 694-6444 (OR) x 9 3, Temecula, CA 92589-9033 A - E OF THE ADVERTISED DEAD ' Y///v BRADLEY J. SULLIVAN, D.C. September 11, 2012 City of Temecula 41000 Main Street Temecula, CA 92592 Attn: Appointments Committee/ Honorable member of the City Council RE: Public Safety Traffic Commission Application Please allow me to introduce myself. I have an extensive background in Public Safety and Public Health issues. I have previously served on the West Hollywood Public Safety Commission and formed one of the first CERT teams in California. I was the first civilian allowed to go through the FEMA Academy for CERTS Train the Trainer program and taught CERT for the Los Angeles Sheriffs Department, the Regional Community Police Institute (throughout CA), the City of West Hollywood and La Canada. As a Commissioner on an advisory Commission, I fully understand the role and responsibilities involved. I understand the sensitivities required in representing the City in any role and have Excellent people skills. I am retired due to an injury and have plenty of time to devote to the City of Temecula. Due to my injuries, i discontinued teaching CERT and Red Cross Certification programs as I wasn't always up to the physical requirements in demonstrating techniques for CPR or cribbing in light search and rescue. I know I can be a valuable asset to the City Manager's Office in serving in an advisory role and Thank you in advance for your consideration. Best, /2 Br-2dley J. Sullivan, D.C. fgU, 7 1.4-A toric. April 27. 2009 Q &i unto of -Cos Angr[rs '_�hrriff'a arpartrnrrrt /irrailquartrrs -Wert Eau -lima $uulebarii 1Llantrmt jtarh. tralifarnia t1T-,-l- "-IG+t (310) 855-8850 Temecula Police Department Ann Volunteer Program Coordinator P. 0 Box 892050 Temecula. California 92589-2050 Dear Volunteer Program Coordinator: IT Is my pleasure to provide a letter of recommendation for Mr. Brad Sullivan He has been a Civilian Volunteer at the West Hollywood Sheriff's Station since May 2003 Mr Sullivan has donated over one thousand, nine hundred hours to our program. He has provided assistance for our volunteers on patrol class, working the station front desk and answenng non -emergency telephone calls, participating in the C E. R.T program and many other assignments. His active participation. commitment and willingness to give his personal time to the Volunteer Program is greatly appreciated. During his tune with our program. Mr. Sullivan has proven to be a fast learner regarding policies and procedures followed at our station. He understands both the letter of Me law and the spirit of the law. His interest in teaching is a natural next step for his personal growth. Law Enforcement has a huge customer service and social service component to it, and Mr Sullivan excels at both of these The 'Nest Hollywood Sheriffs Station is fortunate to have had Mr. Sullivan serve with our volunteers On behalf of the personnel at West Hollywood Sheriffs Station, we sincerely appreciate the time Mr Sullivan donated to the Civilian Volunteer Program If you have any questions, please contact me or Volunteer Coordinator, Sergeant James Farrell or Deputy Jon Klaus at (310) 855-8850 Sincerely. Li ROY GACA, SHERIFF "311„, dy Gcldman. Captain Commander West Holly„ocde7rffs §cation 1f'. ;nn 7l :.vnt^t) Bradley J. Sullivan, D.C. CURRICULUM VITAE RE: Bradley J. Sullivan, D.C. PROFESSIONAL EDUCATION: Cleveland Chiropractic College- Los Angeles, California Graduated: (Cum Laude) December 1983 Degree: Doctor of Chiropractic Preceptorship: Cleveland Chiropractic Clinic, Los Angeles 1983-1984 PROFESSIONAL MEMBERSHIPS: American Chiropractic Association California Chiropractic Association Los Angeles County Chiropractic Association (1983-1993) Delta Tau Alpha Chiropractic Honor Fraternity- Theta Chapter PROFESSIONAL ACTIVITIES: Cleveland Chiropractic Colkge (Afternoon Session) Class Of 1983 President 1982-1983 Delta Tau Alpha Honor Society - Theta Chapter President 1985-1986 Vice President, Los Angeles Southeast Chiropractic Society 1986-1987 President, Los Angeles Southeast Chiropractic Society 1984-1987 Chairman, California Chiropractic Association College Liaison Program 1986-1987 Membership Chairman, Los Angeles County Chiropractic Association 1987-1988 Appointed Member, California Chiropractic Association, Medical Cartel Advisory Committee. Curriculum Vitae Bradley J. Sullivan, D.C. Page Two PROFESSIONAL ACTIVITIES CON'T: 1987-1988 Treasurer, California Chiropractic Association 1988-1989 2nd Vice President, California Chiropractic Association 1989-1990 Vice President of Communications, California Chiropractic Association 1990-1991 1st Vice President, Los Angeles County Chiropractic Society 1991-1992 V ice President of External Affairs, California Chiropractic Association. 1992-199) Vico President of External Affairs, California Chiropractic Association. 1993-1994 President, California Chiropractic Association 1994 -1995 Immediate Past President. California Chiropractic Association. 1994 -1996 Chairman, Chiropractic Services, Medex, Worker's Compensation HCO 1995-1996 Vice President, San Fernando Valley Chiropractic Society 1996-1998 President, Cleveland Chiropractic College Alumni Association 1996-2002 Member. CA Chiropractic Assoc. Board of Directors (termed out) 1996-2009 Examiner, National Board of Chiropractic Examiners, Part 4 1996-2002 Director, California Chiropractic Association, San Fernando District 1998-2004 Chair, California Chiropractic Association Managed Care Committee 2000-2004 Chair, California Chiropractic Association By-laws Committee 2001-2004 Chair, California Chiropractic Association Insurance and Managed Care Dept. 2001-2005 Alternate Delegate American Chiropractic Association, So. California 2002-201 1 Member. American Chiropractic Association Managed Care Comm. 2005-2006 Member, American Chiropractic Association Coding Committee 2006-20I 2 Delegate, American Chiropractic Association, So. CA 2009-2010 Chair, California Chiropractic Political Action Committee 2010 -present Vice -Chair Chiropractic Political Action Committee. Curriculum Vitae Bradley J. Sullivan, D.C. Page three PROFESSIONAL RECOGNITION: 1985 & 1986 Outstanding New D.C. - Los Angeles Southeast Chiropractic Society 1985 California Chiropractic Association Presidential Recognition Award 1986 Biographical Subject in 16th Edition of Who's Who in California 1990 C.C.A. Certified in Disability Evaluation 1990 C.C.A. Certified independent Disability Examiner 1993 State Appointed Chiropractic Qualified Medical Examiner. 1991 Botterman Award, LA. County Chiropractic Society 1994 Doctor of the Year, San Fernando Chiropractic Society 1994 Doctor of the Year, California Chiropractic Association 1995 Doctor of the Year, Consumer Business Review 1995 San Fernando Society Distinguished Service Award 1996 San Fernando Society Distinguished Service Award 1997 California Chiropractic Association Distinguished Service Award 1999 San Fernando Chiropractic District, Doctor of the Year Award 1999 Doctor of the Year, Cleveland Chiropractic College Alumni Assoc. LA. 2000/2001 Doctor of the Year. San Fernando Valley Chiropractic District 2002 Doctor of the Year, San Fernando Valley Chiropractic District 2002 Doctor of the Year. California Chiropractic Association 2002 Presidential Award, California Chiropractic Association 2003 Distinguished Service Award, San Fernando Valley Chiropractic District 2003 California Chiropractic Association. Betty & Charlie Adams Lifetime Achievement Award 2005 California Chiropractic Association, Distinguished Service Award 2008 California Chiropractic Presidential Award Curriculum Vitae Bradley J. Sullivan, O.C. Page Four PROFESSIONAL RECOGNITION CON'T: 2009 California Chiropractic Presidential Award 2010 California Chiropractic Presidential Award PUBLiSRED ARTICLES/INSTRUCTION/LECTURES: Over 20 published articles in the California Chiropractic Journal on topics ranging from the role of the doctor of chiropractic in managed care to chiropractic legislative activities 1985-2000 American Chiropractic Association Journal - Role of California Chiropractic Association in directing National Chiropractic Policies (published February 1994) Clevelander Newsletter ( Cleveland Chiropractic College Newsletter) Spring 1994, published article on Critical Issues Facing Chiropractic in the Future. Lectured, interns, Cleveland Chiropractic College on Disability Evaluation 1990, 1991 and 1992. Lectured 6th Term students, Cleveland Chiropractic College on Chiropractic Jurisprudence, 1992, 1993, 1994. Lectured Interns, Los Angeles College of Chiropractic on Chiropractic Jurisprudence 1992. 1993. Lectured Interns, Los Angeles College of Chiropractic on Evaluation, Diagnosis and Chiropractic Management of Low Back Pain and Cervical Pain, 1994. Postgraduate instructor, Cleveland Chiropractic College-1,os Angeles preceptor program 1997-1998 1999, 2001. 20 03 Commencement Speaker Cleveland Chiropractic College Graduation 2005-2011 Contributing author to the Annual A.C.A. Coding Solutions Manual Curriculum Vitae Bradley J. Sullivan, U.C. Page Five COMMUNITY ACTIVITIES: 1994-1995 Treasurer 9005 Cynthia HOA 1995-1997 President, 9005 Cynthia HOA 1994- 2001 Commissioner, City of West Hollywood. Public Safety ( chair 1997-98, vice -chair 1999-2001, chair 2000-2001) 1995 Certified, CA Office of Emergency Services Volunteer ManagementiOrganization 1995-1998 Co -Instructor with Deputies R. Pena & B. Patrick, Red Cross CPR & 1st Aid 1995-1997 Liaison for New Fire Station #7 Project 1995-1996 Public Safety Liaison to Sunset Specific Plan- West Hollywood 1995-1996 Economic Planning Committee, City of West Hollywood 1996 SEMS (Standardized Emergency Management System) training 1996 Disaster Size Up and Reporting Training 1996 Red Cross Shelter Management 1 & 2 1996 Disaster Management of Immunosuppressed Victims 1996 Emergency Operations Training and Drill 1996 Light Search and Rescue & Size up 1996 Disaster Psychology and De -Briefing 1995-1998 Chair, West lloll}wood Disaster Volunteer Corp. 2000-2001 Chair, West Holly -wood Disaster VolunteerCorpJCERT Team 1996-1997 Member, West Hollywood Pedestrian Safety Committee 2002 Graduate, Federal Emergency Management Agency Academy, MO 1997-2001 F.EM.A. Certified Instructor, Community Emergency. Response Team First Aid, Disasts:r Medical Response Coordination. Triage, City of West Hollywood Curriculum Vitae Bradley J. Sullivan, D.C. Page Six COMMUNITY ACTIVITIES CON'T: 2000 F.E.M.A/CF.RT Instructor, Crescenta Valley Sheriffs Station, STEP 2000 2003 F.E.M.AJCERT Instructor, Star Center Sheriff's Academy, Explorer Cadet Class 2002-2003 Treasurer, Villa Las Brisas Homeowner's Association 2001-07 CERT/Disaster PreparednessVolunteer Lead lnstructor.L.A.Sheritrs Dept./ 1lomeland Security/Community Law Enforcement Partnership Program. 2002 Received 500 hour recognition pin from L. A. Sheriff's Dept for volunteer service 2004-2005 Certified Red Cross Instructor First Aid/CPR/AED 2004-2005 Certified Red Cross instructor CPR/AED for the professional responder 2004-2005 Certified Red Cross Instructor Title 22 2004-2008 President, Villa Las Brisas Homeowner's Association 2005-2007 Cert Train the Trainer Instructor for the CA Regional Community Police Institute 2007-2009 Volunteer. L.A. Sheriff's Dept, West Hollywood Station 2008- Graduate. L.A.S.D. Volunteers on Patrol Academy 2008 Awarded 2000 hour pin from L.A.S.D. 2009-2010 Secretary, Wolf Creek HOA (1800 homes) present President, Wolf Creek HOA (1800 homes) COMMUNITY RECOGNITION: 1995 City of West Hollywood, Leadership Award 1996 City of West Hollywood, Outstanding Contribution to Public Safety Award 1997 City of West Hollywood, Disaster Volunteer of the Year Award 1998 city of West Hollywood. Commendation for service during transformer explosion emergency. Curriculum Vitae Bradley J, Sullivan, D.C. Page Seven COMMUNITY RECOGNITION CON'T: 1998 County of Los Angeles, Certificate of Appreciation for service during transformer Explosion emergency. 1999 City of West Hollywood, Commendation for service as C.E.R.T. Instructor 2000 City of West Hollywood, Disaster Volunteer of the Year 2004 Presidential Gold Level Service Award from President George W. Bush for Community Service through volunteer activities with the Los Angeles County Sheriff's Department, Community Law Enforcement Partnership Program, Office of Homeland Security. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula C City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 1G-09-12 A11:22 I,+, Commission Appointment Application CEIVED OCT -9 2012 ITY CLERKS DEPT Please Check One: Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 7 Are you a City Registered Voter? Yes NAME: Eric Willis ADDRESS: DAYTIME PHONE: EVENING PHONE: Same EMPLOYER NAME: N / A EMPLOYER ADDRESS: N/A E-MAIL OCCUPATION: Self ' Educational Background/Degrees: HS Diploma Poway High School 1988 BA in Mathematics San Diego State 1993 MBA University of Phoenix 2006 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Member of NADA, Advisor for Temecula Youth Baseball, Assistant Baseball Coach Linfield Christian School State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I have a passion for this community that has embraced my family since 2005. I have aspirations to enter politics and this seems like a great place to start. I am willing to work hard for this community, a great place to live! I understand that any or all information on this form may be verified. I consent to the release of this information for giblic information purposes. Signature: Date: 10/09/2012 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE QUALITIES AND ATTRIBUTES OF AN EFFECTIVE COMMISSIONER • Informed citizen (someone knowledgeable about local affairs) • Ability to have a good rapport with citizens • Genuine concern for the community as a whole • Be a good listener • Served in another capacity prior to commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Relates well to other people, including other commissioners • Has the ability to accept decisions not of their own personal view if that is the will of the majority Item No. 15 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: January 8, 2013 SUBJECT: Community Services Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2015. BACKGROUND: The terms of Commissioners Tom Edwards and Charolette Fox expired on October 10, 2012. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by posting the openings at various locations within the City and on the City's Web page, as well as notifying the newspapers. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Council Member Comerchero for review and recommendation. Both Mayor Naggar and Council Member Comerchero have recommended the re -appointment of Charolette Fox and the appointment of Zak Schwank to serve full three-year terms through October 10, 2015. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of October 16, 2012. FISCAL IMPACT: None ATTACHMENTS: Three Applications for Appointment City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6414 Commission Appointment Application REC E For proper consideration, you must currently be a resident of the Citi; of Temecula and a Registered Voter within the City Limits of the City CITY Temecula IVED OCT. O5 2012 CLERKS DEPT. Please Check One: _ Planning XX Community Services Public Traffic Safety Number of years as a City of Temecula Resident 15 Are you a City Registered Voter?YEs NAME: Charolette Fox OCCUPATION: Retired ADDRESS: DAYTIME PHONE: EVENING PHONE: same EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: No degree. College studies interrupted ed of third year Fi«' rlor?rtoo cf r, V.I:c rd y c'.''.,,onr ;r• and leadership roles. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: See attached. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): See attached. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) See attached. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: �t1s Date: Q2 _5` CAA Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE VOLUNTEER SERVICE Elected or Appointed Positions: 1) Commissioner, Temecula Community Services Commission, City of Temecula October 2003 to Present 2) Member, Court -Community Planning Committee, Superior Court of Riverside County January 2007 to Present 3) Member, Director Advisory Committee, Eastern Municipal Water District January 2008 to present Past Elected or Appointed Positions: 1) Commissioner, Riverside County Historical Commission 2) Board Director, Elsinore-Murrieta-Anza Resource Conservation District 3) Board Director, League of Women Voters of California 4) Board Director, Water Education Foundation 5) Board Director, California Women Lead, Riverside Chapter 6) Fund Advisor, Community Foundation of Riverside and San Bernardino Current Memberships and Activities: 1) League of Women Voters United States (LWVUS), National Coach (Ruth S. Shur Fellow) 2) League of Women Voters of California (LWVC), Management Training Advisor 3) Vail Ranch Restoration Association (VARRA), Board Member 4) CORO of Southern California (1985 alum), reader for Fellowship Program 5) Kettering Foundation National Issues Foundation (NIF), Moderator 7) Common Cause, advocacy 8) Sierra Club, advocacy 9) American Society of Landscape Architects, advocacy 10) Master Gardeners of Riverside County, Lifetime Member For -Profit corporate Directorships, positions and employment: NONE Contracts, business activities, and investments with or in the following organizations: NONE Special Recognitions: 2008 Woman of the Year, Supervisor Jeff Stone and the Riverside County Board of Supervisors 2003 Woman of Merit, North County Times FPPC Form 700 — On File AB1234 Ethics Training — Current Charolette Fox (Oct 2012) STATEMENT OF INTEREST Community Services Commissioner In its first two decades, the Temecula City Council, staff and its three commissions laid the groundwork for the city's next two to three decades, and I want to continue to be a part of such an exciting future! My background as a leader and policy maker in several nonprofit organizations past and present is experience that I bring to the Community Services Commission. That experience includes reading and briefly analyzing state and national legislation on water, land use, quality of life and sustainability issues. It includes serving at board level or as an advisor to boards. It includes public presentations on a wide range of issues of community concern. Those who have worked with me over the years can attest to my civic and community leadership abilities and my ongoing interest for increasing my knowledge about how government works, when it doesn't, and why. With the staff changes that have occurred and may continue to occur, the opportunity exists for the Community Services Commission to be more innovative and perhaps more pro -active. As the Visioning Pian, the Master Youth Plan, the Master Trails Plan, and other plans evolve there will be increased opportunity for high school volunteers, college interns, senior citizens and honorary chairs such as Sarah to become valued assets, ambassadors, and advocates. This human capital is a resource to be valued above all else. The inclusive and expanding circle of civic participation begins with one task done by one individual. Allow me to be one of those individuals. Charolette "Lottie" Fox Caroline de Llamas September 30, 2012 City Clerk, City of Temecula Attn: Cheryl Domenoe, Administrative Assistant 41000 Main Street Temecula, California 92590 I have known Charolette Fox for a number of years through our involvement with a statewide volunteer organization to which we both belong. We served on the board of directors for three years, and we both still serve as advisors to local chapters of the organization. While on the board of directors, Ms. Fox dealt with natural resources issues, and supervised the activities of volunteer working committees that reported to her, served on and provided input to the legislation committee, and prepared informational reports to the statewide membership on a regular basis. As an advisor to local chapters of the organization, Ms. Fox assists them with procedures, program, budgetary, and membership issues. Charolette Fox consistently demonstrates enviable leadership and consensus building skills in dealing with both individuals and groups. Preparation and follow through are among her attributes, and the breadth of her knowledge of local, regional, and statewide issues is vast. I would enthusiastically recommend the reappointment of Charolette Fox to the City of Temecula's Community Services Commission. She is committed to public service! Should you have questions, please feel free to contact me at Sincerely, Caroline de Llamas September 21, 2012 City Clerk Attn: Cheryl Domenoe, Administrative Assistant City of Temecula 41000 Main Street Temecula, CA 92590 Dear Ms. Domenoe, This is a letter of recommendation for Ms. Charollette Fox as a Community Services Community Commissioner. I have known Ms. Fox since 2007. 1 had the pleasure of working with her in my capacity as the Historic Preservation Officer for Riverside County. Charollette served for many years as a valued member of the Riverside County Historical Commission (HC). During her tenure on the HC, she also was elected for multiple terms as Chair. CharolIette was instrumental in the Annual History Symposium and in organizing support for the annual History Fair contests for students. Charollette led the effort to publish a popular driving tour brochure on county historical landmarks. Charollette was perhaps one of the most active commissioners on behalf of community history and preservation awareness. Beyond the HC, Ms. Fox participated in strategic planning processes for the Riverside County Regional Parks and Open -Space District. She has broad interests and a keen sense of service. She is reflective and thoughtful. She also cares, care about community, quality of life, and involvement with community. I am happy to recommend Charollette Fox to you as a Community Services Commissioner. Respectfully, 140*--144-to),_ Keith Herron, Chief Bureau of Cultural, Historic, and Natural Resources Riverside County Regional Parks and Open -Space District City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application E For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula C CEIVED SEP 262012 TY CLERKS DEI Please Check One: Planning %( Community Services Public Traffic Safety Number of years as a City of Temecula Resident (( Are you a City Registered Voter? YI2 S NAME: Zak, Sc-%tiwOCCUPATION: 15 11 A-, DDRESS: DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: /s --i EMPLOYER ADDRESS: N/4- E-MAIL Educational Background/Degrees: - —L Sc -0 ed List any City or County Board, Committee or Commission on which you have served and the year(s) of service: (0ciA-7 c -7/ 0240/0 -- /27 s List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): ✓ J Gv) + �/ �r s 2�7i .t_ /J: K I N� 4//, -GYv, C_ State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. Signature: Date: 19`7-`/- 12 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE In 2001 my wife and I decided to move from San Diego to Temecula. We never intended Temecula to be our home for long, but we instantly realized that Temecula offered us a great environment to raise a family. My wife quickly decided that she wanted to live and work in the same community. She decided to apply with Temecula Valley Unified School District and has been teaching at Paloma Elementary ever since. At the same time I was commuting out of Temecula to San Diego as well as Central California as an electrician. When my daughter was born in 2003 our lives forever changed. We decided that commuting out of Temecula was not in the best interest of our family, so I put my career on hold and have been home with my children full time ever since. We now have three children and proudly call Temecula our home. have not always been involved in our community, but as I've grown older I've realized that we must give back to the community. In 2011 I started Temecula Bike Train, a program at local elementary schools that encourages children to ride their bikes to school. Though still in its infancy, Temecula Bike Train has been a huge success. am proud of the students and parents that join me on our weekly rides. To see their smiles really makes it all worthwhile. Beginning in 2011 1 have worked with Temecula Community Services Department on several events. We helped organize a bike rodeo as well as a bike party. Both events were a great addition to the City of Temecula's community offerings. I have also served as Vice President on Paloma Elementary's site council since 2010. I would like the opportunity to serve on the Community Services Commission. 1 feel that my experience starting the Temecula Bike Train as well as involvement in our school district will be a benefit to the commission. I believe that, if appointed, I would bring a balanced perspective to the commission as a involved parent and community leader. Thank you for your consideration. QUALITIES AND ATTRIBUTES OF AN EFFECTIVE COMMISSIONER • Informed citizen (someone knowledgeable about local affairs) • Ability to have a good rapport with citizens • Genuine concern for the community as a whole • Be a good listener • Served in another capacity prior to commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Relates well to other people, including other commissioners • Has the ability to accept decisions not of their own personal view if that is the will of the majority ,f.rnccuIIIas MayaIc coasyskon Aug 22, 2oI2 To whom it may concern: It is a great honor to recommend Zak Schwank for a position on the Temecula Community Services Commission. Zak is an active resident committed to improving the community of Temecula. He has worked tirelessly for the Temecula Bicycle Coalition and is responsible for creating Bike Trains to get students to ride their bicycles to school, a Bike Rodeo to teach children safe cycling rules, a Harveston Community Bike Event, and inclusion of more than too cyclists in the most recent Fourth ofJuly Parade. Zak has a vision forTemecula's future as a bicycle and pedestrian friendly community, which is also part of the city's long range livability plan. He will bring a much needed voice to the Commission for the improvement of our community. I would like to offer Zak my full support, and I am available to answer any questions or supply more information if needed, Sincerely yours, Rick Peoples Co -Founder Temecula Bicycle Coalition 1ecEIVED OCT -9 2012 C1TY CLERK$ PEAT City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 10-09-12 A 1 :22 I N Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Planning X Community Services Public Traffic Safety Number of years as a City of Temecula Resident 7 Are you a City Registered Voter? Yes NAME: Eric Willis ADDRESS: DAYTIME PHONE: EMPLOYER NAME: N/A OCCUPATION: Self ' EVENING PHONE: Same EMPLOYER ADDRESS: N/A E-MAIL 9 Educational Background/Degrees: HS Diploma Poway High School 1988 BA in Mathematics San Diego State 1993 MBA University of Phoenix 2006 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Member of NADA, Advisor for Temecula Youth Baseball, Assistant Baseball Coach Linfield Christian School State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I have a passion for this community that has embraced my family since 2005. I have aspirations to enter politics and this seems like a great place to start. I am willing to work hard for this community, a great place to live! I understand that any or all information on this form may be verified. I consent to the release of this information for pudic information purposes. Signature: Date: 10/09/2012 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE QUALITIES AND ATTRIBUTES OF AN EFFECTIVE COMMISSIONER • Informed citizen (someone knowledgeable about local affairs) • Ability to have a good rapport with citizens • Genuine concern for the community as a whole • Be a good listener • Served in another capacity prior to commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Relates well to other people, including other commissioners • Has the ability to accept decisions not of their own personal view if that is the will of the majority Item No. 16 Approvals City Attorney Chief Financial Officer City Manager OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: January 8, 2013 SUBJECT: Amendment to Ordinance No. 04-04 (Grading, Erosion and Sediment Control Ordinance) PREPARED BY: Mayra De La Torre, Senior Engineer - Land Development RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE -ORGANIZATIONAL REVISIONS SUMMARY OF ORDINANCE: This ordinance proposes to amend Title 18 of the Temecula Municipal Code to be consistent with the 2010 California Building Code and to create a better - organized, more comprehensive and user-friendly title that encompasses guidance for all phases of construction, grading and encroachment within both private development and public rights-of-way. BACKGROUND: The City Council adopted the "Grading, Erosion and Sediment Control" Ordinance in May 11, 2004 (Ordinance No. 04-04). This ordinance created Title 18 entitled "Grading, Erosion and Sediment Control" of the Temecula Municipal Code and also authorized the City Engineer to prepare a Grading Manual, which identified the administrative procedures and technical requirements necessary to implement the ordinance. As such, a Grading Manual was prepared by the City Engineer. Staff utilized the Grading Manual efficiently to set forth the administrative procedures and technical requirements necessary to implement the ordinance. However, a few years later, it was determined that the ordinance and the Grading Manual required modifications to maintain their accuracy and consistency with the California Building Code and current City policies and procedures. Thus, on August 26, 2008, City Council adopted Ordinance No. 08-09, which amended Ordinance No. 04-04. The amendments included modifications to the title, corrections to references to the 2007 California Building Code and minor additions and/or revisions for consistency and clarification purposes. The City Engineer also updated the Grading Manual. Currently, in staff's attempt to provide excellent customer service through accurate dissemination of information, staff has again identified the need to update the ordinance, title and manual. Therefore, this ordinance proposes modifications due to the following: (a) Adoption of the 2010 California Building Code; (b) Addition of the current encroachment permitting process within public rights-of-way; (c) Updates with current, complete and accurate information; and (a) Re -organization for efficiency purposes (more user-friendly) to better serve the public. Thus, staff recommends that City Council approve and adopt the proposed ordinance. Upon adoption, the City Engineer will finalize the manual updates, setting forth the revised administrative and technical procedures necessary to implement the new title. For your reference, refer to Exhibit A of the proposed Ordinance for a draft version of the City Engineer's Engineering and Construction Manual. FISCAL IMPACT: None ATTACHMENTS: Ordinance No. 13- ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE -ORGANIZATIONAL REVISIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On May 11, 2004, City Ordinance No. 04-04, pertaining to grading, erosion and sediment control, was adopted. This Ordinance amended the Temecula Municipal Code by adding Title 18 entitled "Grading, Erosion and Sediment Control" and authorizing the Director of Public Works/City Engineer to prepare a grading manual setting forth the administrative procedures and technical requirements necessary to implement the Ordinance. Section 2. On August 26, 2008, City Ordinance No. 08-09, pertaining to grading, erosion and sediment control, was adopted. This Ordinance amended portions of Title 18 of the Temecula Municipal Code for grading, erosion and sediment control to provide consistency with the adoption of the 2007 Edition of the California Building Code (including Appendix J) and to make other minor clarifications and corrections. Section 3. It is now desirable to further amend Title 18 in its entirety. The purpose of this amendment is to re -organize and modify its form for simplification, to provide construction, grading (including borrow sites/stockpiling, land clearing, erosion and sediment control, etc.) and encroachment requirements for both onsite (private) development and public rights-of-way improvements, to make it consistent with the 2010 Edition of the California Building Code (including Appendix J) and to make other minor clarifications and corrections. Section 4. Title 18 entitled "Grading, Erosion and Sediment Control" of the Temecula Municipal Code is hereby amended in its entirety and replaced with an improved, re -organized Title 18 entitled "Construction, Grading and Encroachment" to read as follows: CITY OF TEMECULA TITLE 18 CONSTRUCTION, GRADING AND ENCROACHMENT ORDINANCE Chapter 18.01 GENERAL PROVISIONS Sections: 18.01.020 Title 18.01.040 Engineering and Construction Manual 18.01.060 Purpose 18.01.080 Scope 18.01.020 Title The ordinance codified in these chapters shall be known as the "City of Temecula Construction, Grading and Encroachment Title" and will be referred to herein as "this title." 18.01.040 Engineering and Construction Manual The City Engineer shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this title. Such rules, procedures and requirements shall be entitled "The City of Temecula Engineering and Construction Manual for Administrative and Technical Procedures for Construction, Grading and Encroachment" ("Engineering and Construction Manual"). The City Engineer shall have the authority to change, update or revise the Engineering and Construction Manual, as necessary, in order to implement the provisions of this title and all revisions, thereto, arising from time to time. In the event of any conflict between the Engineering and Construction Manual and this title, the more restrictive provisions shall govern. The provisions of the Engineering and Construction Manual shall, to the extent they are made conditions of a permit by the City Engineer, be binding upon the permittee and those claiming under said permittee. 18.01.060 Purpose This title is enacted for the purpose of regulating construction, grading and encroachment activity in both onsite (private) development and public rights-of-way within the city limits of the City to safeguard life, limb, health, property and public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; to ensure that the intended use of a construction site or a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations; and to ensure that all construction or non -construction related activities encroaching into public rights-of-way are conducted per all applicable City standards and ordinances, engineering standards and this title. 18.01.080 Scope This title sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution, erosion and sedimentation resulting from construction, grading (including land clearing activities, excavation, etc.) and encroachment activities. This title establishes procedures for application, issuance, administration and enforcement of permits for such activities. Any such construction, grading and encroachment activities within limits of the City shall conform to the provisions of this title and the Engineering and Construction Manual and other applicable provisions of this code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this title or the Engineering and Construction Manual, the applicable provisions of this code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the City Engineer. Chapter 18.03 DEFINITIONS OF TERMS & ABBREVIATIONS Sections: 18.03.020 Definitions of Terms 18.03.040 Abbreviations 18.03.020 Definitions of Terms Whenever, in this title and the Engineering and Construction Manual, or in any resolution or standard adopted by city council pursuant to this title, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Accessibility" is the combination of various elements in a building, facility, site or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities in conformance with the Chapter 11B of the California Building Code. "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "Path of Travel" in this section. Interior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible route does not include stairs, steps or escalators. "Administrative Clearinq Permit" means a type of grading permit that authorizes the clearing, brushing or grubbing of a portion of land beyond that scope exempted from the permit process by this title. "Applicant" means any person, corporation, partnership association of any type, public agency or any other legal entity, who submits an application for a permit pursuant to this title. "Approval" means that the proposed work or completed work conforms to the requirements of this title, in the opinion of the City Engineer. "As -Graded" means the site configuration upon completion of grading. This includes all horizontal and vertical dimensions and relationships and all physical features installed, reconstructed, eliminated or altered by the grading operations, as shown on the record drawings prepared by the engineer of work. "ASTM Standards" means the American Society for Testing Materials, which develops standardized test methods, specifications, practices, guides, classifications and terminology in such subject areas as metals, paints, construction, consumer products and many others. "Base" means a layer of specified material of planned thickness placed immediately below the pavement or surfacing. "Bedrock" means in-place solid rock. "Bench" means a relatively level step excavated into soil materials on which fill is to be placed. "Best Management Practices (BMP's)" means the management practices, operating procedures and devices implemented to prevent or reduce the discharge of pollutants, directly or indirectly, to public or private storm water conveyance systems. "Borrow" means soil material acquired from an off-site location for use in grading on a site. "Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.). "Certify" or "Certification" means a signed written statement that the specific inspections and/or tests required to be performed on real property have been performed and that the works comply with the applicable requirements of this chapter, the plans and the permit. "City Engineer" means the City Engineer of the City of Temecula or his or her duly delegated representative. "Civil Engineer" means a professional engineer registered in the State of California to practice in the field of civil engineering. "Clearing, Brushing and Grubbing" means the removal or disturbance of vegetation (grass, brush, trees and similar plant types), weed abatement, manmade structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, references to "clearing" shall mean clearing, brushing and grubbing individually and separately. "Compaction" means the densification of a fill by mechanical or other acceptable means. "Construction Site" means any project requiring a local grading, haul route, encroachment or building permit, including projects requiring coverage under the General Construction Permit. "Contour Grading" means grading that creates or results in land surfaces that reflect the pre - graded natural terrain or that simulate natural terrain (i.e., rounded, non -planer surfaces and rounded, non -angular intersections between surfaces). "Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans," Department of Transportation, State of California. "Cross -Lot Drainage" means any drainage course created through grading or excavation that crosses on to another lot, either within or outside the subdivision or construction site. "Curb Ramp" means a sloping pedestrian way, intended for pedestrian traffic, which provides access between a walk or sidewalk to a surface located above or below an adjacent curb face. "Cut" see definition for "Excavation." "Dry Season" means May 1st through September 30th of each year. "Engineer of Record" means the professional engineer (holding a current registration in the state of California), who supervised the design and signed the construction/grading plan accepted by the City Engineer. "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water or ice. "Erosion and Sediment Control (ESC) Plan" is a plan prepared under the direction of and signed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall be submitted to the City and shall provide for protection of exposed soils and desiltation of runoff at frequent intervals prior to discharging from a site or to storm water conveyance systems (natural watercourses, streets, flow -Tines, inlets, outlets, etc.). "Erosion and Sediment Control (ESC) System" means combination of erosion and sediment controls (including effective planting and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts and to relieve waters of suspended sediments or debris prior to discharge from the site. "Erosion Control" means anything that keeps soil in place. "Excavation" or "Cut" means an act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, removed or relocated, and shall include the conditions resulting there from. "Expansive Soils" means any soil with an expansion index greater than 20, as determined by the Expansive Index Tests of the California Building Code. "Fault" means a fracture in the earth's crust along which movement has occurred. A fault, as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last 11,000 years (Holocene geologic time). "Fill" means a deposit of soil, sand, gravel, rock or other material placed by artificial means. "Flow -line" means v -ditches, brow -ditches, terrace drains, ribbon gutters, curb gutters, etc. "Fugitive Dust" means the particulate matter entrained in the ambient air as a result of man- made fugitive dust sources, as determined by South Coast Air Quality Management District (SCAQMD) Rule 403. "General Construction Permit (GCP)" means the permit issued by the SWRCB to regulate discharges from construction activity. "Geohydrology" means all groundwater information, water -well usage rate requirement, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing and future users, and long term projections appropriate to site development. "Geologic Hazard" means any geologic feature capable of producing structural damage or physical injury. Geologic hazards include: A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds and over steepened slopes. B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking, surface rupture, debris flows or rock falls resulting from fault activity. C. Deposits subject to seepage conditions or high -ground water table. "Geotechnical Engineering Report" means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the City Engineer, which includes: A. Preliminary information concerning engineering properties of soil and rock on a site (prior to grading), present, historical, and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use. B. A grading report, which includes information on site preparation, compaction of fills placed, and provides recommendations for structural design and approval of the site for its intended use. "Grade" means the vertical elevation of the ground surface. Grade may refer to the following: A. "Existing grade" means the grade prior to grading. B. "Finish grade" means the final grade of the site, which conforms precisely to the City - approved plans, approved construction changes or record drawings. C. "Natural grade/ground" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete. "Grading" means any process of excavation or filling or combination thereof. "Greenbook Standards" means the most recent publication of the Standard Specifications for Public Works Construction, which provides specifications that have general applicability to public works projects. "Hillside Site" means a site where the existing grade is 20% or greater and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property. "IIy" means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope. "Keyway" means an excavated trench into competent earth material beneath the toe of the proposed fill slope. "Landslide" means a perceptible down slope movement of rock, soil or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche). "Mass Grading Permit" means a grading permit that is issued on the basis of approved plans that show, on a larger scale, an area to be graded; this grading (prior to rough grading) shall be shown within two feet (vertical) of the site's final elevations. "Maximum Extent Practicable (MEP)" means the standard established by Congress in the Clean Waters Act that operators of MS4 permits must meet. To achieve the MEP standard, Best Management Practices must be implemented that are technically feasible (are likely to be effective) in combination with treatment methods serving as a backup. "Mined Lands" include the surface, subsurface and groundwaters of an area in which surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such area, land excavations, mining waste and areas in which structures, facilities, equipment, machines, tools, or other related materials or property are located. "Municipal Separate Storm Sewer System (MS4) Permit" means the certification/regulation requirements that the City must meet to allow storm water discharges into the Waters of the State. "Natural Terrain" means the lay of the land, prior to any grading or other artificial landform modification. "National Pollutant Discharge Elimination System (NPDES)" means the permitting and program requirements established by the Federal Clean Water Act and administered by the Environmental Protection Agency to regulate the discharge of pollutants to waters of the United States. "Owner" means a person, who owns a site upon which is located grading, clearing, mining, quarrying and/or commercial extraction operations that are being conducted or may be conducted. "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users. A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of exited, and which connects a particular area with an exterior approach (including sidewalks, streets and parking areas), an entrance to the facility and other parts of the facility. In existing buildings, when alterations, structural repairs or additions are made, the term "path of travel" also includes the sanitary facilities, telephones, drinking fountains and signs serving the altered area. "Permit" means the authorization issued pursuant to this title, together with the application for the same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications thereto. "Permittee" means any person, property owner, contractor or authorized agent to whom a permit is issued pursuant to this title. "Person" means any individual, firm, association, corporation, organization, partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501) "Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels, construction related materials, debris and other contaminates. "Precise Conformance", for purposes of this title, means: A. Pad elevations within plus or minus four-tenths (0.4) of a foot of planned elevation or approved construction change; B. Street subgrade within plus or minus four hundredths (0.04) of a foot of planned elevation or approved construction change; C. Slope grades within plus or minus one-half foot (0.5') of planned elevation or approved construction change; D. Rock slopes (rip-rap armoring) and horizontal locations within two feet of planned elevation and location or approved construction change; E. Drainage gradient to within two-tenths (0.2) of one percent of planned slope or approved construction change; F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" (GreenBook). "Precise Grading Permit" means a grading permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property. "Priority Development Protects" means new development and redevelopment projects, as indicated in the City's MS4 permit requirements. "Private Roads" means roads that have been dedicated to the public, but riot accepted for public use or that have been retained as "private" for private use by the owners or may simply be a road created by private use or easement. "Quarrying"' means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain. "Rainy Season" means October 1St through April 30th of the next calendar year. "Record Drawings/As-Bunts" means plans prepared by the engineer of work subsequent to the completion of all work on the approved plans and approved changes, thereon depicting the as-graded condition. "Regional Water Quality Control Board" (RWQCB) means the State's regional regulatory agency responsible for protecting waters of the State. There are nine regional boards throughout the state. "Retaining Wall" means a wall designed to resist the lateral displacement of soil or other materials. "Rough Grading Permit" means a grading permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage. "Sediment Control" means anything that captures soil particles after being displaced. "Site" means the real property on which activities subject to this title may occur. "Slope" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Slope Revegetation" means the planting of graded slopes with native and/or naturalizing plant species, which, after an initial establishment period, usually requiring irrigation, will survive with normal precipitation. "Slope Stability" shall be defined as follows: A. "Gross stability" means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face. B. "Surficial stability" means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face. "Soil" means any rock, natural soil or fill, and/or any combination thereof. "South Coast Air Quality Management District" (SCAQMD) means the regulatory authority for all or portions of Los Angeles, Orange, San Bernardino and Riverside Counties that oversees air pollution emissions from stationary sources, including fugitive dust sources generated by construction activity. "State Water Resources Control Board" (SWRCB) means the regulatory authority that develops statewide water protection policies, establishes water quality standards and guides the nine Regional Water Quality Control Boards throughout the state. "Stockpile" means a temporary uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date. "Stop Work Order" means an order issued by a City official, who requires that specific activity or all activity on a work site be stopped. "Storm Water" means surface runoff and drainage associated with storm events. "Storm Water Conveyance System" means any natural watercourses, curbs, gutters, streets, flow -lines, inlets, outlets, etc., either public or private, leading to waters of the State. "Storm Water Pollution Prevention Plan" (SWPPP) means a document, which meets the requirements set in the State's NPDES General permits for Construction and Industrial activities. The SWPPP must describe the BMP's to be implemented to meet the requirements of the General Permits and this title. "Sub -base" means a layer of specified material of planned thickness between a base and the subgrade. "Sub -grade" means the soil prepared to support structures, or that portion of the roadbed on which pavement, surfacing, base or sub -base, or layer of other material is placed. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Topsoil" means soil, which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients and microorganisms necessary for plant growth. "Ultimate Right -of -Way" means the right-of-way shown, as ultimate, on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the Ultimate Right -of -Way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the Ultimate Right -of -Way shall be considered to be the existing right-of-way. "Water Quality Management Plan (WQMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from development projects. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water. "Watershed" means the geographical area, which drains to a specified point on a water course; usually, a confluence of streams or rivers (also known as a drainage area, catchment or river basin). "Waters of the State" means any water (surface or underground) under the jurisdiction of the State. 18.03.040 Abbreviations Act Alquist-Priolo Earthquake Fault Zoning Act BMP Best Management Practices Cal OSHA California Occupational Safety & Health Administration CGP Construction General Permit ESC Erosion and Sediment Control MEP Maximum Extent Practicable MS4 Permit Municipal Separate Storm Sewer System Permit NPDES National Pollutant Discharge Elimination System QSD/P Qualified Stormwater Developer/Practitioner RWQCB Regional Water Quality Control Board SCAQMD South Coast Air Quality Management District SWPPP Storm Water Pollution Prevention Plan SWRCB State Water Resource Control Board WDID Water Discharge Identification WQMP Water Quality Management Plan Chapter 18.06 GRADING PERMIT, APPLICATION & REQUIREMENTS Sections: 18.06.020 18.06.040 18.06.060 18.06.080 18.06.100 18.06.120 18.06.140 18.06.160 Grading Permits Required Types of Work Covered by a Grading Permit Permit Exemptions Tentative Subdivision or Conditional Use Permit Required Grading Application Plans and Specifications Expiration and Renewal of Grading Application Submittals Expiration and Renewal of Issued Grading Permits 18.06.180 Denial of Grading Permit 18.06.200 Transfer of Responsibility 18.06.220 Clearances 18.06.240 Water Quality Management Plan 18.06.260 Geotechnical (Soils) Reports 18.06.280 Seismicity Reports 18.06.300 Dust Control and Prevention Plan 18.06.320 Disposal of Materials 18.06.340 Permit Issuance — Terms and Conditions 18.06.360 Right of Entry 18.06.380 Time of Operations 18.06.400 Responsibility of Permittee 18.06.420 Contractor Qualifications 18.06.440 Protection of Adjoining Property 18.06.460 Protection of Utilities 18.06.480 Maintenance of Protective Devices 18.06.500 Debris on Public and Private Streets 18.06.020 Grading Permits Required No person shall conduct any construction, grading (stockpiling, excavating, earth moving, filling, clearing, disking, brushing or grubbing on natural or existing grade or perform work that is preparatory to grading), without first having obtained a grading permit in accordance with this title, except as specified in Section 18.06.060 "Permit Exemptions" of this title and without having obtained coverage under the State Water Resources Control Board's National Pollutant Discharge Elimination System (NPDES) permit for construction activity, if applicable. 18.06.040 Types of Work Covered by a Grading Permit A. The types of work covered by a grading permit include the following: 1. Mass, Rough or Precise Grading. The City Engineer may issue a grading permit for mass, rough or precise grading work upon completion of an application in accordance with the Engineering and Construction Manual. The issuance of building permits by the Department of Building & Safety shall be determined as follows: a. Building permits may be issued for a site graded under a grading permit for precise grading work, upon completion and approval of the rough grade inspection, as specified in and subject to the requirements of the Engineering and Construction Manual. b. Building permits shall not be issued for a site graded under a grading permit for rough grading work, unless a precise grading plan has been approved. 2. Borrow Sites. A grading permit shall not be issued when, in the opinion of the City Engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes, unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site. 3. Stockpiling. Upon approval by the Planning Commission, a grading (stockpile) permit may be issued for the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued mass, rough or precise grading permit within six months of issuance of a stockpile permit, unless modified by the Planning Commission in accordance with the Engineering and Construction Manual. 4. Erosion and Sediment Control (ESC). All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into storm water conveyance systems in accordance with the provisions of Chapter 18.18 of this title and the Engineering and Construction Manual. The ESC work shall be covered under the grading permit. 5. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading (administrative clearing) permit in accordance with the Engineering and Construction Manual. 6. Rock Blasting. No rock blasting shall be permitted until a pre -blast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer, as specified in and subject to the requirements of the Engineering and Construction Manual. 7. Paving. For onsite (private) development, no person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of 5,000 square feet for any commercial, industrial, multi -residential or other parking lot, without a valid grading permit for such paving operation. This excludes developments consisting of a single family residence. Maintenance and repaving of existing paved sections shall be exempt from this requirement. 8. Watercourse Alteration. No person shall alter an existing watercourse, channel or revetment (by excavating or placing fill, rock protection or structural improvements therein) without an applicable state agency approval and a grading permit unless: a. The requirement for a grading permit is waived by the City Engineer, b. The grading is performed as interim protection in an emergency to prevent flooding or c. A separate improvement plan for such alteration is approved by applicable state agencies and the City Engineer. 18.06.060 Permit Exemptions Grading permits are not required for: A. An excavation below the existing finished grade for re -compaction within the building zone (within five feet of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet after the completion of such structure. Regardless of exemption, the Public Works Department shall be notified of activity. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the federal, state, county or city governments, or by a local agency as defined by Government Code Section 53090 through 53095 (special districts). This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights-of-way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public rights-of-way permit; F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do riot affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.06.040 "Types of Work Covered by a Grading Permit" of this title. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which: (a) is less than two feet in vertical depth or (b) does not create a cut slope greater than three feet in vertical height and steeper than two horizontal to one vertical (2:1). This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.06.040, "Types of Work Covered by a Grading Permit" of this title. I. A fill less than one foot in vertical depth, placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1), or less than three feet in depth, not intended to support structures or mobile homes, which does not exceed 50 cubic yards on any site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.06.040, "Types of Work Covered by a Grading Permit" of this title. J. The construction or maintenance of roads or facilities for the generation, storage or transmissions of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Water Quality Management Plan (WQMP) requirements. A WQMP project includes the construction or reconstruction of 5,000 square feet of impervious surface in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Development Services that such clearing and brushing will not cause significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. M. Clearing and brushing, expressly for the following purposes: 1. Routine landscaping and maintenance of already landscaped areas and the removal of dead or diseased trees or shrubs. 2. Clearing, which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An administrative clearing (grading) permit, in accordance with Section 18.06.040 "Types of Work Covered by a Grading Permit" of this title, shall be required for any purpose that is not specifically addressed by the construction permit. N. Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. O. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge point of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: 1. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved Specific Plan; or 2. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool or riparian habitat, except as provided in exemption "0;" or 3. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Flood Plain Maps or on City revised maps, except as provided in exemption "O." 18.06.080 Tentative Subdivision or Conditional Use Permit Required Under either of the following circumstances, a grading permit shall not be issued, unless and until, a tentative map or a conditional use permit has been approved by the City: A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the City Engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required. 18.06.100 Grading Application To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.06.120 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geotechnical reports, hydrology/hydraulic reports, erosion and sediment control plans, proof of coverage under the State General Permit for construction activities and all other information required by the City Engineer as noted in the Engineering and Construction Manual, and payment of the appropriate fees. In addition, a conceptual Water Quality Management Plan (VVQMP) must be accepted by the City Engineer prior to issuance of final conditions of approval. Afinal WQMP must be accepted by the City Engineer, prior to issuance of a grading permit. B. Plans and specifications for grading projects requiring permits as defined in Section 18.06.020 "Grading Permits Required" of this title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with the Engineering and Construction Manual. 18.06.140 Expiration and Renewal of Grading Application Submittals A. Applications for which no permit is issued within 180 days following the date of application shall expire; and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit the grading submittal package and pay the most current plan check fee. D. Plan check fees shall be deemed forfeited for all expired permits. 18.06.160 Expiration and Renewal of Issued Grading Permits A. A grading permit shall be valid for a period of 180 days from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: 1. Change of Ownership. A grading permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said permit was issued has not been completed. In such instances, a new grading permit shall be required for the completion of the work. a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the City Engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the City Engineer, fees based on the valuation of the additional or new work, such as additional earthwork and necessary plan checking, shall be charged to the permit applicant. c. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.140 "Securities" of this title. 2. Permit Extensions. The City Engineer may extend the time limit on grading permits by one or more successive periods of up to 180 days upon written request by the applicant showing to the satisfaction of the City Engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather -Related Delays. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems riot considered at the time the grading permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 18.06.180 Denial of Grading Permit A. A grading permit shall riot be issued in any case where the City Engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will: 1 Expose any property to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses or patterns; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on any other property or public/private street; 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. A grading permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this title; 3. If the required security is not posted; 4. If the application contains false information. C. The City Engineer shall deny the issuance of a grading permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this title; or 3. If the work proposed is not consistent with the City's General Plan (or any element thereof), any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance or regulation, any permit or approved subdivision map. 18.06.200 Transfer of Responsibility If the civil engineer of record, the geotechnical engineer, the engineering geologist or the grading contractor of record is changed during the course of the work, the project shall be stopped until: A. Permittee submits a letter of notification verifying the change of the responsible professional; and B. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations and is satisfied with the work performed. He must state that he assumes all responsibility within his purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. 18.06.220 Clearances A. The applicant shall obtain all required clearances from applicable regulatory agencies and City Departments prior to obtaining a grading permit, as specified in and subject to the requirements of the Engineering and Construction Manual. Said clearances shall not be obtained until the applicant meets all regulatory agencies' and City Departments' requirements. B. The applicant shall address all requirements associated with drainage ways (where their function is essential to the protection and/or use of multiple properties). Said requirements shall comply with the Engineering and Construction Manual. 18.06.240 Water Quality Management Plan A Water Quality Management Plan (WQMP) may be required as a condition for issuance of grading permits. A WQMP shall provide guidelines for addressing site design, source control and treatment control BMPs on a project -specific and/or sub -regional or regional basis to address the management of urban runoff to protect receiving waters. Said report shall comply with the NPDES MS4 Permit and as specified in and subject to the requirements of the Engineering and Construction Manual. 18.06.260 Geotechnical (Soils) Reports A. The City Engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this title and the Engineering and Construction Manual. B. The City Engineer shall require such supplemental reports and data, as he deems necessary, upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil -testing laboratory, with written analysis and recommendation, to be utilized during any required re -vegetation. C. For a specific project, the City Engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The City Engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, shall be filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a). 18.06.280 Seismicity Reports - Alquist-Priolo Earthquake Fault Zoning Act (Act) A seismicity report shall be required as a condition for issuance of grading permits for: all grading applications associated with subdivisions (tracts), if applicable; all grading projects that propose development with occupancy category II, III, IV structures as shown in Table 1604A.5 of the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Act (Public Resources Code Section 2621, et seq.) and as specified in and subject to the requirements of the Engineering and Construction Manual. 18.06.300 Dust Control and Prevention Plan Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At a minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track -out and haul routes shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Engineering and Construction Manual. 18.06.320 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall comply with the City's Solid Waste Franchise Agreement, as specified in and subject to the requirements in the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, 'Waste Management," and the Engineering and Construction Manual. 18.06.340 Permit Issuance — Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports and other requirements of this title, the City Engineer may issue a grading permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this title and the Engineering and Construction Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous Conditions" of this title. C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for each (noncontiguous) grading project. 18.06.360 Right of Entry As a prerequisite for issuance of any grading permit, the owner, contractor or authorized agent of the site to be graded acknowledges and grants permission to the City for right of entry into the site for inspection, emergency work or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor or authorized agent shall agree to indemnify the City for any claims or damages, which may result from the City's entry onto the property including any corrective or emergency action taken pursuant to such right of entry. 18.06.380 Time of Operations A. Time of any grading, clearing and equipment operations pursuant to this title shall be consistent with City Ordinance No. 94-25. Grading operations within one-quarter (114) mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The City Engineer may extend the hours permitted for grading or equipment operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this title. Residents working on their property are exempt from the prohibition of construction activities on Sundays and holidays, but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. 18.06.400 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the permit as outlined in the applicable sections of this title, the Engineering and Construction Manual, and as contained on the approved grading plans and geotechnical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Notes, as identified in the Engineering and Construction Manual. 18.06.420 Contractor Qualifications All persons performing work pursuant to this title shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.06.440 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the property owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of 10 feet or more below the grade and within 10 feet of the property line(s) shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner(s) no less than 10 days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure no less than 10 days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all state and federal regulations including, but not limited to, any trench greater than five feet deep. Cal OSHA permits shall be obtained. D. No grading shall be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any parcel. 18.06.460 Protection of Utilities A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies. 18.06.480 Maintenance of Protective Devices The owner or agent in control of such property on which a grading activity has occurred pursuant to a permit granted under the provisions of this title, shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit. Any facilities dedicated for public use and accepted by a public agency are exempt. 18.06.500 Debris on Public and Private Streets The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public rights-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public rights-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading activities to insure the cleanup of public streets. Chapter 18.09 HAUL ROUTE PERMIT, APPLICATION & REQUIREMENTS Sections: 18.09.020 18.09.040 18.09.060 Haul Route Permits Required Haul Route Application Haul Route Requirements 18.09.020 Haul Route Permits Required No person shall conduct any hauling of soil materials on public rights-of-way from or to the site of a grading operation, without first having obtained a haul route permit, if required, as specified in and subject to the requirements of the Engineering and Construction Manual. Because this permit may be triggered by various factors (location, quantity of soil, truck trips, traffic, etc.), the City will determine if a haul route permit is required on a case-by-case basis prior to allowing any hauling operation to commence. 18.09.040 Haul Route Application To obtain a haul route permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. The applicant shall submit a complete application with the required documentation and fee, the amount of which is set by City Council resolution. 18.09.060 Haul Route Requirements Where soil materials are moved on public rights-of-way from or to the site of a grading operation, a haul route plan shall be approved by the City Engineer in accordance with the Engineering and Construction Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this title. Vehicular track -out shall be controlled, as directed by the City Engineer, to prevent sediment deposition outside of the project site boundaries. All haul route requirements shall be in accordance with this title and the Engineering and Construction Manual. Chapter 18.12 ENCROACHMENT PERMIT, APPLICATION & REQUIREMENTS Sections: 18.12.020 Encroachment Permits Required 18.12.040 Types of Work Covered by an Encroachment Permit 18.12.060 Encroachment Application 18.12.080 Plans and Specifications 18.12.100 Expiration and Renewal of Encroachment Application Submittals 18.12.120 Expiration and Renewal of Issued Encroachment Permits 18.12.140 Denial of Encroachment Permit 18.12.160 Transfer of Responsibility 18.12.180 Clearances 18.12.200 Required Reports 18.12.220 Disposal of Materials 18.12.240 Permit Issuance - Terms and Conditions 18.12.260 Time of Operations within Public Rights -of -Way 18.12.280 Responsibility of Permittee 18.12.300 Contractor Qualifications 18.12.320 Protection of Utilities within Public Rights -of -Way 18.12.340 Maintenance of Protective Devices within Public Rights -of - Way 18.12.360 Debris on Public Rights -of -Way 18.12.020 Encroachment Permits Required For work within public rights-of-way, no person shall conduct any construction without first having obtained an encroachment permit in accordance with this title and without having obtained coverage under the State Water Resources Control Board's NPDES permit for construction activity, if applicable. Excavations shall meet all state and federal regulations including, but not limited to, any trench greater than five feet deep. Cal OSHA permits shall be obtained, as required. 18.12.040 Types of Work Covered by an Encroachment Permit A. The City Engineer may issue an encroachment permit for major and minor construction - related improvements within public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Note the following: 1. Major public rights-of-way improvements (as shown on typical construction plans) shall be covered under an encroachment permit and may include: street improvements, storm drain improvements, sewer and/or water improvements, dry utility improvements, traffic control plans, traffic signing & striping improvements and traffic signal improvements. 2. No construction, grading or encroachment will be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any private parcel. 3. The City Engineer may issue an encroachment permit for minor construction -related improvements within the public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said minor construction -related improvements may include: driveway approaches, drains, street closures, oversize transport, tree trimming, utility work, etc. B. In addition to construction -related improvements within public rights-of-way, the City Engineer may issue an encroachment permit for miscellaneous activities performed within public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said activities may include access to utility agency facilities, block parties, movie filming, street closures, special events, etc. 18.12.060 Encroachment Permit Application To obtain an encroachment permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.12.080 Plans and Specifications A. Each application for an encroachment permit shall be accompanied by the required construction plans and specifications, soils engineering and geotechnical reports, hydrology/hydraulic reports, proof of coverage under the State General Permit for construction activities and all other information required by the City Engineer as noted in the Engineering and Construction Manual, and payment of the appropriate fees. B. Plans and specifications for construction projects and work requiring encroachment permits as defined in Section 18.12.040 "Types of Work Covered by an Encroachment Permit" of this title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Construction plans and specifications shall be prepared in accordance with the Engineering and Construction Manual. 18.12.100 Expiration and Renewal of Encroachment Application Submittals A. Applications for which no permit is issued within 180 days following the date of application shall expire; and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit the submittal package and pay the most current plan check fee. D. Plan check fees shall be deemed forfeited for all expired permits. 18.12.120 Expiration and Renewal of Issued Encroachment Permits A. An encroachment permit shall be valid for a period of 180 days from the date of issuance. B. The time limitation for all encroachment permits is also subject to the following provisions: 1. Permit Extensions. The City Engineer may extend the time limit on encroachment permits by one or more successive periods of up to 180 days upon written request by the applicant showing to the satisfaction of the City Engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the work. 2. Weather -Related Delays. The City Engineer may require that construction operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the encroachment permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 18.12.140 Denial of Encroachment Permit A. An encroachment permit shall not be issued in any case where the City Engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will: 1. Expose public rights-of-way to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses/patterns and/or existing drainage improvements and utilities; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on public rights-of-way; or 4. Create any hazard to person or property. B. An encroachment permit shall not be issued if any of the following apply: 1. If the submittal is incomplete (plans, licensing and insurance requirements, etc.); 2. If the plan, as submitted, does not comply with the provisions of this title; 3. If the required security is not posted; or 4. If the application is incomplete or contains false information; C. The City Engineer shall deny the issuance of an encroachment permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this title; or 3. If the work proposed is not consistent with the City's General Plan (or any element thereof), any specific plan, any permit or the approved subdivision map. 18.12.160 Transfer of Responsibility If the civil engineer of record, the geotechnical engineer, the engineering geologist or the contractor of record is changed during the course of the work, the project shall be stopped until: A. Permittee submits a letter of notification verifying the change of the responsible professional; and B. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations and is satisfied with the work performed. He must state that he assumes all responsibility within his purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. 18.12.180 Clearances A. The applicant shall obtain all required clearances from applicable regulatory agencies and City Departments prior to obtaining an encroachment permit, as specified in and subject to the requirements of the Engineering and Construction Manual. Said clearances shall not be obtained until the applicant meets all regulatory agencies' and City Departments' requirements. B. The applicant shall address all requirements associated with drainage ways within public rights-of-way. Said requirements shall comply with the Engineering and Construction Manual. 18.12.200 Required Reports The requirements for this section shall conform to this title and the Engineering and Construction Manual. A. The City Engineer may require a geotechnical report to correlate surface and subsurface conditions with the proposed construction plans. The results of the investigation shall be presented in a report in conformance with the requirements of this title and the Engineering and Construction Manual. B. The City Engineer may require supplemental reports and data, as he deems necessary, upon his review of the project site, reports and other data submitted. C. The City Engineer may determine that geotechnical conditions at public rights-of-way are such that public safety is adequately protected and no mitigation is required. D. Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At a minimum, all construction operations shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Engineering and Construction Manual. 18.12.220 Disposal of Materials The disposal of all waste and recycling materials removed as part of any construction project within public rights-of-way shall comply with the City's Solid Waste Franchise Agreement, as specified in and subject to the requirements within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Engineering and Construction Manual. 18.12.240 Permit Issuance — Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports and other requirements of this title, the City Engineer may issue an encroachment permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this title and the Engineering and Construction Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous Conditions" of this title. C. The issuance of an encroachment permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for other work. 18.12.260 Time of Operations within Public Rights -of -Way A. Time of any construction operation pursuant to this title shall be consistent with City Ordinance No. 94-25. Construction operations within one-quarter (1/4) mile of an occupied residence shall riot be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The City Engineer may extend the hours permitted for construction operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this title. 18.12.280 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the encroachment permit as outlined in the applicable sections of this title, the Engineering and Construction Manual, and as contained on the approved construction plans and technical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing all applicable requirements of the City's Standard Notes, as specified in and subject to the requirements of the Engineering and Construction Manual. 18.12.300 Contractor Qualifications All persons performing work pursuant to this title shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.12.320 Protection of Utilities within Public Rights -of -Way A. During construction operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining construction activities to the area permitted on the approved plans. This responsibility applies within the limits of the construction activities and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies. 18.12.340 Maintenance of Protective Devices within Public Rights -of -Way Throughout the duration of the work, the contractor or agent in control of the work (for which he is encroaching into public rights-of-way pursuant to a permit granted under the provisions of this chapter), shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit and plans. 18.12.360 Debris on Public Rights -of -Way The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from public rights-of-way. If the permittee fails to immediately remove said spillage or deposit from the public rights-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the improvement security in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of construction to insure the cleanup of public rights-of-way. Sections: Chapter 18.15 DESIGN STANDARDS 18.15.020 Cuts 18.15.040 Fills 18.15.060 Setbacks 18.15.080 Terracing and Drainage 18.15.100 Pad Grading 18.15.120 Asphalt Concrete Pavement 18.15.140 Disabled Access 18.15.020 Cuts Unless otherwise recommended by the geotechnical engineer or the engineering geology reports (or both) and approved by the City Engineer, cuts slopes shall be no steeper than two horizontal to one vertical (2:1). All cuts and excavations shall conform to the provisions of this title and the Engineering and Construction Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor cuts riot intended to support structures. A. 1'/:1 Slope. A cut surface may be at a slope of one and one-half horizontal to one vertical (1%:1) provided that all the following are met: 1. It is riot intended to support structures or surcharges. 2. It is adequately protected against erosion. 3. It is no more than eight feet in height. 4. Ground water is not encountered. B. 1:1 Slope. A cut surface in bedrock shall be permitted to be at a slope of one horizontal and one vertical (1:1). 18.15.040 Fills Unless otherwise recommended by the geotechnical engineer or the engineering geology reports, or both, and approved by the City Engineer, fills shall be in accordance with the Engineering and Construction Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor fills not intended to support structures. 18.15.060 Setbacks All setbacks and other restrictions specified in the Engineering and Construction Manual, pursuant to the recommendation of a civil or geotechnical engineer, and approved by the City Engineer, are to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks, when approved by the City Engineer. 18.15.080 Terracing and Drainage Terracing and drainage facilities shall be constructed in accordance with the Engineering and Construction Manual, unless otherwise approved by the City Engineer. For subsurface drainage, A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the geotechnical engineer and/or engineering geologist. B. All canyons and buttress fills shall be provided with sub -drains, approved by the City Engineer. 18.15.100 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five horizontal to one vertical (5:1). Such runoff shall be in accordance with the Engineering and Construction Manual. 18.15.120 Asphalt Concrete Pavement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall be in accordance with the Engineering and Construction Manual, unless otherwise approved by the City Engineer. 18.15.140 Disabled Access All site development and precise grading shall be designed to provide access to all entrances and exterior ground -floor exits and to normal paths of travel in accordance with California Disabled Access Regulations (California Code of Regulations, Title 24, Part 2). Sections: 18.18.020 18.18.040 18.18.060 18.18.080 18.18.100 18.18.120 18.18.140 Chapter 18.18 EROSION AND SEDIMENT CONTROL Construction Runoff Compliance Erosion and Sediment Control Systems Erosion and Sediment Control Plans Required Erosion and Sediment Control Maintenance Best Management Practices Inactive Construction Additional NPDES Requirements 18.18.020 Construction Runoff Compliance A. All individual construction and grading projects shall implement measures to ensure that pollutants: (a) are not discharged from the site, (b) shall be reduced to the Maximum Extent Practicable (MEP) and (c) will not cause or contribute to an exceedance of water quality objectives in the local natural watercourses. All construction and grading activities shall comply with applicable ordinances, permits and other federal, state and local requirements. B. The permittee shall adhere to the following requirements: 1. Develop and implement an erosion and sediment control plan to manage storm water and non -storm water discharges from the site at all times in accordance with the Engineering and Construction Manual. Projects disturbing, exposing or stockpiling one acre or more of soil are also required to have coverage under the State Construction General Permit and generate a Storm Water Pollution Prevention Plan (SWPPP); 2. Conduct phased grading operations and minimize grading activities during the rainy season; 3. Coincide grading with dry weather periods to the extent feasible; 4. Implement additional "Best Management Practices" (BMP's) for all rain events; 5. Install a combination of erosion and sediment control measures to effectively prevent erosion and retain sediment on-site throughout the duration of all construction activities; 6. Minimize exposure time of disturbed soil areas; 7. Temporarily stabilize and re -seed disturbed soil areas as rapidly as possible; 8. Permanently re -vegetate or landscape as early as feasible; 9. Stabilize all slopes; 10. Abide by all of the provisions set forth in the State Water Resource Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for construction activity, if applicable. The City must be provided with a Waste Discharge Identification (WDID) number, the risk level determination number and the qualified SWPPP Developer (QSD) prior to issuance of a grading permit. 11. Implement the applicable requirements of the City's standard notes such as the Grading and Erosion & Sediment Control Notes, as specified in and subject to the requirements of the Engineering and Construction Manual. C. The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the State Construction General Permit or other individual NPDES permit. 18.18.040 Erosion and Sediment Control Systems A. All erosion and sediment control measures shall be designed and implemented to manage storm water and non -storm water discharges from the site at all times in accordance with the Engineering and Construction Manual, this title, and all state and federal requirements. B. References used in identifying functional and practical erosion and sediment control measures and standards for the planning and design in the City of Temecula may include the California Stormwater Quality Association's BMP Handbook for Construction and other equivalent sources. C. The permittee shall: 1. Be responsible for the control of erosion and sediment discharges on and from all disturbed areas of grading until issuance of certificate of occupancy, at which time the BMP's of the Water Quality Management Plan (VVQMP) shall be in place and operational. 2. Implement the required BMP's year round. Additional site specific BMP's shall also be implemented, as necessary, to comply with this title, which may be more stringent than those required under the Construction General Permit. 3. Implement additional controls (source and treatment) for construction sites that are adjacent or tributary to Clean Water Act Section 303(d) water bodies. Each permittee shall also implement additional controls for construction sites within, adjacent or discharging directly to environmentally sensitive areas. 4. Conduct construction site inspection for compliance with this title and all applicable permits. D. No grading work shall be allowed on any portion of the site when the City Engineer determines that erosion, mudflow or sediment discharges may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision and reasonable overhead charges in accordance with Section 18.24.120 "Cost Recovery Fees" of this title. E. All protective devices shown on the erosion and sediment control plan and in the SWPPP, if applicable, shall be in place within seven days prior to any forecast rain. If the permittee does not install or maintain erosion and sediment controls or if any cleanup is required, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with indirect costs, extra inspections, supervision and reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.140 "Securities" of this title is restored by the permittee. F. Cut and fill slopes shall be protected to control against erosion and sediment discharges until sufficient permanent landscaping has been established. One hundred percent must be in place prior to issuance of certificate of occupancy. 18.18.060 Erosion and Sediment Control Plans Required A. No grading activity shall be allowed on any single grading site under permit unless the City Engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, private and public storm water conveyance systems, environmentally sensitive areas and adjacent properties in accordance with the provisions of this title and the Engineering and Construction Manual. C. All erosion and sediment control BMP's outlined on the erosion and sediment control plan shall be shown on the SWPPP, if applicable, and implemented year round. D. A copy of the approved erosion and sediment control plan shall be maintained at the worksite at all times. A working set of approved plans shall be routinely and frequently modified and updated to ensure effective erosion and sediment control throughout the duration of construction. 18.18.080 Erosion and Sediment Control Maintenance A. Prior to and after each rainstorm, all on-site and off-site flow -lines, storm water conveyance systems, check dams, chevrons, silt fences and desilting basins shall be free of sediment, construction materials, waste, miscellaneous debris and deteriorated erosion and sediment controls at all times. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. C. The permittee shall be responsible: 1. For taking necessary precautions to prevent public trespassing onto areas where impounded water, due to ESC devices, creates a hazardous condition. Signage indicating "Ponded Water — Do Not Enter" shall be posted. 2. For continual maintenance of the devices during all construction activities. D. In the event the City Engineer must cause emergency work to be done, he may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. E. If any grading or clearing subject to Section 18.06.020 "Grading Permits Required" of this title has commenced on private property without a valid grading permit, the property owner will be required to stop work, prepare an erosion and sediment control plan (which must be approved by the City), obtain a valid grading permit and implement the erosion and sediment control plan accordingly. 18.18.100 Best Management Practices (BMP) A. Best Management Practices are management practices and operating procedures/devices executed to prevent or reduce pollutant discharges into public or private storm water conveyance systems. BMP are effective methods to reduce the movement of pollutants such as sediment, nutrients, pesticides, etc. from a construction site to surface or ground water. The intent of BMP is to significantly reduce pollutant discharges and protect our bodies of water by maintaining effective water quality practices. As there may be many potential BMPs to utilize, careful consideration must be given to selecting the appropriate BMPs to use that are both practical and effective water quality protective measures. B. BMP's shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: 1. An effective combination of erosion and sediment controls shall be implemented within seven working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the City Engineer. 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during and after state -approved in -channel work. 4. Additional erosion and sediment control materials shall be stockpiled at various locations throughout the site for immediate implementation within seven days of a forecast rain. The developer/contractor shall make equipment and workers for emergency work available to protect the site. C. Erosion Control BMPs shall include temporary or permanent erosion control devices (or both) that comply with City and engineering standards as well as state and federal requirements. D. Temporary site vegetation shall be required, as determined by the City Engineer, on any disturbed soil areas of the site when construction activities cease indefinitely and/or when expiration of a grading permit occurs. Temporary site vegetation shall be performed in accordance with Section 18.06.160 and 18.12.120 "Expiration and Renewal of Issued Grading/Encroachment Permits" of this title. Temporary vegetation shall not negate any City requirement or condition of approval to install permanent landscaping. E. Sediment Control BMPs shall include temporary or permanent sediment control devices (or both) that comply with City and engineering standards as well as state and federal requirements. 18.18.120 Inactive Construction A. A site may be deemed "inactive" when the areas of construction activity are not active and/or have been active and are not scheduled to be re -disturbed for a prolonged period, as determined by the City Engineer. Prior to a site becoming inactive, the following is required: 1. The engineer of record or permittee shall be responsible for submitting written notification to the City that construction activities will cease prior to completing the work associated with the approved grading plan; 2. The engineer of record shall validate or revise the erosion and sediment control plan and BMP implementation program based on the current site conditions; and 3. The engineer of record shall prepare and submit a BMP implementation plan (for all disturbed areas) that demonstrates compliance throughout the expected period of inactivity and establishment of 100% vegetative coverage as the primary erosion control. 18.18.140 Additional NPDES Requirements A. All grading activities subject to the regulations of this title shall be designed and conducted to minimize runoff of all pollutants onto public and private properties and into state and federal waters as required by this section and the Temecula Municipal Code, Title 8, Chapter 8.28, Storm Water and Urban Runoff Management and Discharge Controls. B. The permittee shall: 1. Obtain coverage under the State Water Resources Control Board's Construction General Permit to: a. Submit a Waste Discharge Identification Number and a risk level determination to the City Engineer, b. Submit appropriate fees to the SWRCB and c. Complete all site-specific SWPPP, monitoring and reporting program plans, reports, certifications, and other information required by the permit and/or requested by the Regional Water Quality Control Board, United States Environmental Protection Agency or the City Engineer. 2. Update all plans as construction activities are modified from their original schedule and/or progress as originally planned. 3. Maintain all erosion and sediment control measures at the site throughout the duration of the project, as required by the permit. All of the information noted above shall be maintained on-site during construction and shall be presented upon demand by the State Water Resources Control Board and/or City Engineer. NPDES requirements shall remain in effect until the Notice of Termination requirements are fulfilled. Chapter 18.21 INSPECTIONS FOR CONSTRUCTION, GRADING & ENCROACHMENT WORK Sections: 18.21.020 18.21.040 18.21.060 18.21.080 18.21.100 18.21.120 18.21.140 Inspections Required Inspections after Rough Grading Final Inspections Requirements of Professional Engineers/Architect Notification of Noncompliance Special Inspections Stopping and Correction of Work 18.21.020 Inspections Required All construction, grading and encroachment related work for which a permit is issued, pursuant to the provisions of this title, shall be subject to inspections by the City Engineer. The inspections shall be in accordance with this title and the Engineering and Construction Manual. 18.21.040 Inspections after Rough Grading Upon final completion of the rough grading work, the City Engineer may require written approvals, reports, plans and supplements, as specified in and subject to the requirements of the Engineering and Construction Manual, prior to his inspections. 18.21.060 Final Inspections The permittee or his or her agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be granted until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance (release of security deposits) shall not be granted until the planting has been established. The establishment of such erosion and sediment control plantings shall be certified by a licensed Landscape Architect and approved by the City Engineer. 18.21.080 Requirements of Professional Engineers/Architect A. It shall be the responsibility of the civil engineer, who prepared the construction and/or grading plans, to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any City Engineer approved alternatives into the construction and/or grading plan. 1. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Engineer. 2. The civil engineer shall be responsible for the preparation of plan revisions to be approved by the City Engineer, prior to implementing the change in the field. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall be responsible for submitting a pad certification letter stating line and grade as evidence that the grading activity has been completed within standard tolerances in accordance with the approved plans and that all embankments, cut slopes and pad sizes are as shown on the approved plans. B. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and report, determining the suitability of soils during grading, providing compaction inspection and testing and preparing the final geotechnical engineering report. C. The engineering geologist's area of responsibility shall include, but not limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters and the need for sub -drains or other groundwater drainage devices. He shall report his findings to the geotechnical engineer for engineering analysis. D. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect shall also prepare plan revisions to be approved by the City Engineer, prior to implementing the change in the field. All ground cover shall provide 100% coverage within nine months of planting or additional landscaping shall be required in order to meet this standard. 18.21.100 Notification of Noncompliance If, in the course of fulfilling their responsibilities under this title, the engineer of record, the geotechnical engineer, the engineering geologist or the testing agency finds that the work is not being performed in accordance with approved plans, specifications or this title, the discrepancies shall be reported immediately in writing to the grading contractor, the permittee and the City Engineer. Recommendations for corrective measures shall be submitted for approval to the City Engineer. 18.21.120 Special Inspections The City Engineer may establish special inspection requirements in accordance with Chapter 17, Section 1704, "Special Inspections", of the California Building Code, amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the City Engineer, it is necessary to supplement the resources or expertise available for inspection. 18.21.140 Stopping and Correction of Work A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop Orders", of the California Building Code shall apply to all construction and grading work. Whenever the City Engineer determines that any work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, the City Engineer may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the City Engineer to proceed with the work. B. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the City Engineer may require that such work be exposed for examination. Such work may be subject to additional inspection fees in accordance with Section 18.24.060 "Inspections" of this title. C. If the City Engineer finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information, which was required for issuance of the permit, he may issue a stop work order until a revised construction or grading plan has been approved by the City Engineer. D. If, during the course of any construction or grading operations, discovery is made of items of archaeological or paleontological interest, the permittee shall immediately cease operation in the area of discovery and notify the city inspector. Discoveries that may be encountered include, but are not limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or remains. Work shall be resumed in the area of discovery at the direction of the City Engineer. E. Work may resume and the stop order shall be rescinded upon the City Engineer's determination that conditions have changed, corrections have been made or the causes or actions, which required a stop order, have been remedied or alleviated to his satisfaction. Sections: Chapter 18.24 FEES AND SECURITIES 18.24.020 Plan Checking 18.24.040 Permits 18.24.060 Inspections 18.24.080 Refunds 18.24.100 Review of Geotechnical Reports Fee 18.24.120 Cost Recovery Fees 18.24.140 Securities 18.24.160 Release of Security 18.24.020 Plan Checking A. Before accepting an application and a set of plans for review, the City Engineer shall collect all applicable plan checking fees. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans, as required by this title, shall pay all plan check fees and/or deposits, as required by this title and by City Council resolution establishing applicable fees and deposits. B. An application submittal may expire in 180 days from the date of submittal if no permit has been issued in accordance with Sections 18.06.140 and 18.12.100 "Expiration and Renewal of Grading/Encroachment Application Submittals." If the application submittal has expired, the applicant shall be required to resubmit a new application and pay new plan check fees based on the City's current fee schedule. 18.24.040 Permits A. All applicants requesting a grading permit (for work related to mass, rough, precise, borrow site/stockpile, erosion and sediment control, administrative clearing, rock blasting, paving/watercourse alterations), a haul route permit and an encroachment permit, as required by this title, shall pay all fees and/or deposits, as required by this title and by City Council resolution establishing applicable fees and deposits. All permit fees shall be collected prior to issuance of permit. B. A permit may expire in 180 days from the date of issuance in accordance with Sections 18.06.160 and 18.12.120 "Expiration and Renewal of Issued Grading/Encroachment Permits," unless it is formally extended. 1. If the permit has expired, the applicant shall be required to resubmit a new application and pay a permit issuance fee based on the City's current fee schedule. 2. If the permit is officially extended, as a condition of said extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. C. The fee for a permit, authorizing additional work under a valid permit, shall be the difference between the fee paid for the original permit and the fee shown for the entire project, as indicated in the City's current fee schedule. D. Failure to pay fees and obtain a permit, before commencing work, shall be deemed a violation of this title, except where it can be proven to the satisfaction of the City Engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees (per the City Engineer) that shall be in addition to the required permit fee for work done prior to permit issuance. Payment of such fees shall not relieve any person from fully complying with the requirements of this title. E. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site. 18.24.060 Inspections A. All applicants requesting inspections, as required by this title, shall pay all fees and/or deposits, as required by this title and by City Council resolution establishing applicable fees and deposits. All inspection fees shall be collected prior to issuance of permit. B. If there are additional inspection fees owed to the City for prolonged, unforeseen and unexpected inspection services, the City Engineer shall recover addition fees (for staff members performing the work) over and above the originally paid inspection fees at an hourly rate. Said hourly rates shall be established by the Finance Department and in accordance with applicable City resolution. C. When any premature inspection request causes the City Engineer to go onsite before the job is ready for such an inspection, due to the negligence of the permittee, the City Engineer shall recover said inspection costs based on an hourly rate fee for each such re- inspection, pursuant to the applicable City resolution. The fees shall be paid before any further inspections are made. 18.24.080 Refunds A. After submittal and commencement of processing by the City, no fee (including plan checking fees, permit fees, inspection fees, etc.) collected pursuant to this title, shall be refunded in whole or in part, except as provided as follows: 1 Inspection fees may be refunded, less any City expenses incurred (including a reasonable overhead charge) at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the permit application has expired or has been withdrawn. B. No refund shall be made pursuant to this section: 1. If the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the construction site. 2. If a request for refund is submitted to the City more than one year from the date of payment of the fee as to which a refund is claimed. 18.24.100 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils) report for review, the City Engineer shall collect a report review fee. A separate fee will be charged for each individual report submitted for review. The amount shall be established, as set forth by City Council resolution. 18.24.120 Cost Recovery Fees If the City Engineer determines that it is necessary for the City to cause erosion and sediment control measures to be installed or site/street cleanup to be done as emergency work (relating to construction or grading work on private property), the City Engineer shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction for the benefit of the public. The cost recovery fee structure shall include all actual costs including, but not limited to, fees due to accelerating emergency work, administrative and legal costs, extra inspections, supervision and reasonable overhead charges. Any costs assessed against the property owner under this section may be appealed to City Council in accordance with Section 18.27.100 "Appeals" of this title. 18.24.140 Securities A. A permit shall not be issued unless the permittee first posts a security with the City comprised of a bond, cash deposit, letter of credit or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, as specified in and subject to the requirements of the Engineering and Construction Manual. B. All security requirements shall be in compliance with this title, the Engineering and Construction Manual, the Temecula Municipal Code and all City and engineering standards. C. The developer shall warrant the work performed pursuant to any of the agreements noted above for a period of one year after final acceptance by City Council of the work and improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement associated with the project fails to fulfill any of the requirements of the agreements, the developer shall immediately address the defects and repair and/or replace any defective or otherwise unsatisfactory part of the work. D. All substitutions of bonds shall be in compliance with this title, the Engineering and Construction Manual, the Temecula Municipal Code and all City and engineering standards. If any security is replaced by another approved security, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been a part of and incorporated into its associated agreement. Upon filing of a replacement security with City Clerk, the former security may be released. E. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done. F. Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this title, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the City for actual costs in accordance with Section 18.24.120 "Cost Recovery Fees" of this title. 18.24.160 Release of Security A. The security required by the previous section shall guarantee performance of the work authorized pursuant to the permit and shall be released upon acceptance of the work by the City Engineer, as specified in and subject to the requirements of the Engineering and Construction Manual. 1. Release of Security for Public Improvements. The security furnished for public improvements shall be eligible for release in accordance with this title, the Engineering and Construction Manual and all applicable City policies and procedures. 2. Release of Security for Private Development. The security furnished for private development shall be eligible for release upon final completion and issuance of the certificate of occupancy, in accordance with this title, the Engineering and Construction Manual and all applicable City policies and procedures. Sections: Chapter 18.27 ENFORCEMENT 18.27.020 Powers and Duties of the City Engineer 18.27.040 Violations and Penalties 18.27.060 Hazardous Conditions 18.27.080 Public Nuisance 18.27.100 Appeals 18.27.020 Powers and Duties of the City Engineer The provisions of Appendix Chapter 1, Administration, Section 104, Duties and Powers of Building Official, of the California Building Code shall apply to the City Engineer for all construction, grading and encroachment work to be done, as required by any conditions of any permit issued pursuant to this title. 18.27.040 Violations and Penalties A. It shall be unlawful for any person, firm or corporation to do construction and/or grading work in the City of Temecula, or cause the same to be done, contrary to or in violation of any of the provisions of this title or State or Federal Law. B. The issuance of a building permit, performance of building permit inspections or issuance of a certificate of occupancy may be withheld on property on which a violation of the provisions of this title exist, including work riot performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the City Engineer. C. Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this title are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.20 "General Penalty" of the Temecula Municipal Code. 18.27.060 Hazardous Conditions A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property or public rights-of-way in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. B. The City Engineer may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A) of this section. C. Upon confirmation of a hazardous condition, the City Engineer shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance. D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs, as required. In the event that corrective action is not completed within the period specified in writing, the City may exercise any available recourse for correction of said hazardous condition in accordance with Title 8, Chapter 8.12, of the Temecula Municipal Code. 18.27.080 Public Nuisance For purposes of this title, the following shall constitute a public nuisance: A. Any construction, grading or other work conducted without a permit, where it is required by this title. B. Any construction, grading or other work done in violation of any of the conditions imposed thereon by a permit issued, pursuant to this title. C. Any construction, grading or other work, which fails to be done, as required by any conditions of a permit, issued pursuant to this title. D. The existence of a hazardous condition, as defined in Section 18.27.060 of this title, upon the determination by the City Engineer that such condition exists. 18.27.100 Appeals A. The applicant, permittee, or any person(s) not satisfied with the decision by the City Engineer in regards to issuance of a permit or the performance of the permitted work, may file a written appeal to the City Clerk for a hearing before the City Council. B. Any such appeal must be made within three calendar days following the decision. C. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled City Council meeting. D. The City Council, after receiving and considering all testimony and pertinent documents, may: 1. Uphold the City Engineer's decision; 2. Approve the appeal; or 3. Modify the City Engineer's decision, consistent with the requirements of this title. Section 5. The provisions of Title 18 shall apply to all grading, haul route and encroachment permits issued on or after the effective date of this Ordinance. Section 6. The City Council authorizes and directs the Director of Public Works/City Engineer to revise the existing manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures and requirements shall be entitled "Engineering and Construction Manual for Administrative and Technical Procedures for Construction, Grading and Encroachment" in substantially the form set forth in Exhibit A herewith. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 8. The proposed amendments to Title 18 of the Temecula Municipal Code are minor clarifications and constitute a re -organization of Title 18. In addition, the potential grading and land clearing activities regulated by this Ordinance merely implement components of the adopted 2005 General Plan that has already received the appropriate environmental review. Based on this fact, the City Council hereby finds that the adoption of this Ordinance is exempt from further review pursuant to Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed substantially. Moreover, it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment, as the regulations herein protect against detrimental impacts on the environment by minimizing the impacts of grading and encroachment work and instituting effective erosion and sediment control. Section 9. The City Clerk shall certify the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30th day after adoption pursuant to state law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 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 8th day of January 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 22nd day of January 2013, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A ENGINEERING AND CONSTRUCTION MANUAL FOR ADMINISTRATIVE AND TECHNICAL PROCEDURES FOR CONSTRUCTION, GRADING AND ENCROACHMENT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS "ENGINEEN MANUAL" CAL PROCEDURES FOR , ND ENCROACHMENT 8-09 & 12-__ adopted 5/11/04, 8/26/09 and CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS 41000 Main Street Temecula, California 92590 P.O. Box 9033, Temecula, CA 92589-9033 (951) 694-6411; www.citvoftemecula.orq TABLE OF CONTENTS CHAPTER 1- GENERAL PROVISIONS 1-1 1-1 AUTHORITY 1-1 1-2 PURPOSE 1-1 1-3 ADOPTION AND REVISION 1-1 1-4 CITY ENGINEER'S STATEMENT 1-1 CHAPTER 2 — NOT USED 2-1 CHAPTER 3 — DEFINITIONS OF TERMS & ABBREVIATIONS 3-1 3-1 DEFINITIONS 3-1 A. Private Development. 3-1 B. Public Rights -of -Way. 3-1 3-2 ABBREVIATIONS 3-2 CHAPTER 4 — NOT USED 4-1 CHAPTER 5 — NOT USED 5-1 CHAPTER 6 — GRADING PERMIT, APPLICATION & .4: 1 EMENTS 6-1 6-1 GRADING PERMIT 6-1 A. Onsite/General Grading 6-1 8. Borrow Site/Stockpiling. 6-2 C. Erosion & Sediment Contr. 6-3 D. Administrative Clearin• 6-3 E. Rock Blasting. 6-4 F. Paving/Waterco terations. 6-4 6-2 GRADING PER PLICATION 6-4 A. Application Form. 6-4 8. Application Package a 6-4 C. Expir• . ..licatio -•1 6-5 D. P newa 6-5 1 of Permit.. 6-5 ansfer of Response • 6-5 6-3 DING PERMIT REQ 1 ENTS... 6-6 A. . - •nces 6-6 8. Re • 6-6 C. Misce •us Data/Studie 6-10 D. Other Re • ' ents 6-11 6-4 DISPOSAL • ERI 6-11 CHAPTER 7 — NOT USED ... 7-1 CHAPTER 8 — NOT USED 8-1 CHAPTER 9 — HAUL ROUTE PERMIT, APPLICATION & REQUIREMENTS 9-1 9-1 HAUL ROUTE PERMIT 9-1 A. Conditions of Permit Issuance 9-1 9-2 HAUL ROUTE PERMIT APPLICATION 9-2 A. Application Form 9-2 8. Application Package Requirements 9-2 C. Haul Route Plan Requirements 9-2 D. Haul Route Restrictions 9-2 CHAPTER 10 — NOT USED 10-1 CHAPTER 11— NOT USED 11-1 CHAPTER 12 — ENCROACHMENT PERMIT, APPLICATION & REQUIREMENTS 12-1 12-1 ENCROACHMENT PERMIT 12-1 A. Major Construction -Related Improvements 12-1 B. Minor Construction -Related Improvements 12-2 C. Miscellaneous Activities 12-2 12-2 ENCROACHMENT PERMIT APPLICATION 12-2 A. Application Form 12-2 B. Application Package Requirements 12-2 C. Expiration of Application Submittals. 12-3 D. Permit Extensions/Renewals 12-3 E. Denial of Permit. 12-3 F. Transfer of Responsibility. 12-3 12-3 ENCROACHMENT PERMIT REQUIREMENTS 12-3 A. Clearances 12-3 8. Reports 12-3 C. Other Requirements 12-3 CHAPTER 13 — NOT USED 13-1 CHAPTER 14 — NOT USED 14-1 CHAPTER 15 — DESIGN STANDARDS _..... 15-1 15-1 CUTS 15-1 A. Geotechnical Report 15-1 B. Geotechnical Recom 15-1 15-2 FILLS 15-1 A. Fill Location 15-1 B. Degree of Slop- 15-1 C. Temporary Slopes . 15-1 D. Preparation of Groun. 15-1 E. Fill 15-2 F. . ... 15-2 15-2 15-3 15-3 BACKS 15-3 A. . .l 15-3 8. Ea a Fault Zones 15-5 15-4 EXPA OILS 15-5 A. Tests 15-5 8. Expansive S. .s 15-5 C. Disposal of Exp. 15-5 15-5 BERMS 15-5 15-6 TERRACING AND DRAINAGE 15-5 A. Terraces 15-5 8. Terrace Drains 15-5 C. Interceptor Drains 15-6 D. Subsurface Drainage 15-6 E. Drainage Across Property Lines 15-6 15-7 PAD GRADING 15-6 A. Storm Water Runoff 15-6 8. Finished Grading 15-7 15-8 ASPHALT CONCRETE PAVEMENT AND BASE STANDARDS 15-7 A. Requirements 15-7 ess/Stabiliz ility Line Backfills... ii B. Cost Estimates 15-7 C. Subgrade Compaction 15-8 D. Soil Sterilization 15-8 E. Pavement Structural Section 15-8 15-9 RETAINING WALLS & STRUCTURES 15-8 A. Cross -Sectional Views 15-8 8. Building Permit Authority 15-8 C. Building & Safety Review 15-8 D. Manufactured Slopes 15-8 15-10 DRIVEWAYS & ACCESS POINTS 15-8 A. Design to City Standards 15-8 B. Driveway Slopes 15-8 C. Secondary Driveway Access 15-8 D. Compliance with Fire Codes 15-9 E. Temporary Access 15-9 15-11 HILLSIDE DEVELOPMENT 15-9 A. Hillside Development Plan 15-9 B. Submittal Package 15-9 C. Other Requirements 15-9 CHAPTER 16 — NOT USED 16-1 CHAPTER 17 — NOT USED _— 17-1 CHAPTER 18 — EROSION AND SEDIMENT CONTR• , 18-1 18-1 CONSTRUCTION RUNOFF COMPLIANCE 18-1 A. NPDES Regulations/M.54 Permit Compliance. 18-1 B. Standard City Regulations • •nstruction Ac 18-1 18-2 EROSION AND SEDIME 18-1 A. Erosion and Sedime rol. 18-1 B. Erosion and Sedi ontrol Meas Standard . 18-2 C. Erosion and Se t Control Plan . 18-2 D. Drainage/Water 18-3 E. Erosion and Sedime trol 18-3 18-3 BEST 4 . . MENT P 18-3 A. B ractic ) 18-3 Erosion • - 18-4 P - Sediment Co 18-5 18- •NSTRUCTION INAC 18-5 A. 've Areas of Constr . 18-5 18-5 A► 'NAL NPDES REQU ENTS 18-5 A. Req is 18-5 B. Resourc 18-6 CHAPTER 19 — NOT U 19-1 CHAPTER 20 — NOT USED .... 20-1 CHAPTER 21- INSPECTIONS 21-1 21-1 GENERAL REQUIREMENTS 21-1 A. General 21-1 B. Inspection Coverage 21-1 C. Initial Inspection 21-1 D. Notification of Utility Work 21-1 E. Pre -Construction Meeting 21-1 F. Pre -Paving Meeting 21-1 G. Inspection Requests 21-2 iii H. Other Inspections 21-2 21-2 GRADING INSPECTION 21-2 A. Grading/Geotechnical Engineer Oversight 21-2 B. General Grading Inspection 21-2 C. Rough Grading Inspection 21-3 21-3 CONCRETE OR GUNITE DRAINAGE DEVICES INSPECTION 21-3 A. Ribbon Gutter and/or Concrete Swale 21-3 8. Curb and Gutter 21-3 C. Terrace Drains, Down Drains and Brow Ditches 21-3 D. Other Drainage Devices 21-4 21-4 SEDIMENT CONTROL FACILITIES INSPECTION 21-4 A. Prefabricated Devices 21-4 8. Fill Placement 21-4 C. Erosion & Sediment Control Measures 21-4 D. Construction Phasing Measures 21-4 21-5 WET/DRY UTILITY INSPECTION 21-4 A. Wet Utility Inspection 21-4 B. Dry Utility Inspection 21-5 C. Notification of Utility Work 21-5 21-6 DRIVEWAY INSPECTION 21-5 A. Driveway Approach Inspection in Public Rights -of -Way.... 21-5 B. Onsite Driveway Inspection 21-5 C. Notification of Utility Work 21-5 21-7 PAVING INSPECTION 21-6 A. Approved Street Plans 21-6 6. Subgrade 21-6 C. Base 21-6 D. Utility Agency Clearance R d 21-6 E. Asphalt Concrete 21-6 21-8 FINAL INSPECTION 21-6 A. Final Inspection f panty Rele• > 21-6 CHAPTER 22 — NOT USE 22-1 CHAPTER 23 — NOT USED .. .R 23-1 CHAPTER 24-1 24- N CHECKING 24-1 n Checking Fees 24-1 d Applications 24-1 C. P . •cking Fee Refund 24-1 24-2 PER 24-1 A. Permit 24-1 B. Expiration . newa mits 24-2 C. Permit Extens . 24-2 D. Additional Work.. 24-2 E. Failure to Pay Fees 24-2 24-3 INSPECTIONS 24-2 A. Inspection Fees 24-2 B. Potential "Hourly Rate" Fees 24-2 C. Fees for Premature Inspection Requests 24-3 D. Inspection Fee Refunds 24-3 24-4 REVIEW OF GEOTECHNICAL REPORT FEE 24-3 24-5 SECURITIES 24-3 A. Security for Commercial/Industrial/Residential Subdivisions Involving Public Rights -of -Way Improvements 24-3 8. Security for Commercial/Industrial Projects - Private Development 24-4 C. Security for Single Family Residences — Private Development 24-5 iv D. Cash Deposits 24-6 E. Term 24-6 F. Forms 24-6 G. Substitution of Bonds 24-6 H. Warranty 24-6 24-6 RELEASE OF SECURITY 24-6 A. Release of Security for Public Improvements 24-6 B. Release of Security for Private Development 24-7 CHAPTER 25 — NOT USED 25-1 CHAPTER 26 — NOT USED CHAPTER 27 - APPENDICES 27-1 26-1 APPENDIX A "BUILDING PERMIT ISSUANCE POLICY FOR LOTS ON DIRT RO ND AS ED AGREEMENTS" 27-2 APPENDIX B "GRADING PERMIT APPLICATION" 27-3 APPENDIX C "LAND DEVELOPMENT SUBMITTAL REQUIREMENTS" 27-4 APPENDIX D "GRADING NOTES" 27-5 APPENDIX E "GENERAL NOTES" 27-6 APPENDIX F "EROSION & SEDIMENT CONTROL NOTES"..... 27-7 APPENDIX G "PAVING NOTES" 27-8 APPENDIX H "CONTENT OF A GRADING PLAN" 27-9 APPENDIX I "OFF-STREET PARKING REQUIRE TS" 27-10 APPENDIX 1 "AGREEMENT FOR REVIEW UN I QUAKE FAULT ACT" 27-11 APPENDIX K "SEISMIC HAZARDS MAPPING A • NS" 27-12 APPENDIX L "HAUL ROUTE PERMITAPPLICATIO 27-13 APPENDIX M "ENCROACHMENT PERMIT APPLICA 27-14 APPENDIXN "TRAFFICCONTRO a GUIDELINE is GEN 27-15 APPENDIX O "CONTENT OF ION PLAN' 27-16 APPENDIX P "CALIFORNI "- SING APPENDI DING" 27-17 APPENDIX Q "CALIFO: ' E CODE CH RS 5 AND 27-18 APPENDIX R "OBT PW INSPECTOEARANCE T. OW ISSUANCE OF A BUILDING PERMIT" 27-19 APPENDIX S "STAND ' D CERTIFI LETTER" 27-20 APPENDIX T "OBTAININ NSP TOA ISSUANCE OF A CERTIFICATE OF OCCUPANCY"27-21 APPENDIX U " RITY FO ' ROVE ' UBLIC R/W" 27-22 APPENDI FORM' ' �• NSITE (PRIVATE) D LOPMENT" 27-23 APPE "PRO FOR R OF SECURITY FOR PUBLIC IMPROVEMENTS" 27-24 Chapter 1 - GENERAL PROVISIONS 1 This Manual sets forth the administrative procedures necessary to implement the provisions of Title 18 enti Encroachment" of the Temecula Municipal Code. applicable administrative and technical proced -s, t compliance with City and engineering standard s M to achieving the City of Temecula's Departm- Pub Division's mission, which is "to safeguarinteres property owners by promoting informed a : ound deci local and regional levels." technical requirements struction, Grading and for _ the public of these he Ci all ensure public anual a - rovides guidance lic Works' d Development t of the ge public and n making a • hborhood, 1-1 AUTHORITY Section 18.01.040 "Enginee Municipal Code (hereinafter re formulate, change, update or re be necessary to administer the amendments the ':.I be ref Construction _ • ministr Grading and ' oachme hereina C onstructi "the Co anual" of the City of Temecula uthorizes the City Engineer to and interpretations as may dures, interpretations and of Temecula Engineering and d Techn . I Procedures for Construction, referred to as "this Manual"). 1-2 PURPOSE The purpose d c nstruction, and encroach y of Temecula de the conten nual be fo ode, the ngin ers of the Code by supplementing it with arding rule , ,•cedures, interpretations, standard drawings, ents, forms and other information applicable to control ing = vation, land clearing, erosion and sediment control, etc.) withi site (private) development and public right-of-way in the he c = - rs in this Manual are, for the most part, organized to f the c apters and sections in the Code. Should any portion of in conflict with the provision of the Code or the California re restrictive provision shall govern, unless otherwise approved th Buil by the 1-3 ADOPTIO EVISION The provisions of this Manual, including revisions and additions thereto, shall be prepared by the City Engineer and shall become effective upon his approval. 1-4 CITY ENGINEER'S STATEMENT The following Manual was prepared under my direction and in accordance with Title 18 of the Temecula Municipal Code and relevant City of Temecula ordinances. Greg Butler, PE (RCE No. 47109) Director of Public Works/City Engineer 1-1 Chapter 2 — NOT USED 2 This page is intentiona blank. s) Chapter 3 — DEFINITIONS OF TERMS & ABBREVIATIONS Most significant terms in this Manual are defined in Tit Code and the Construction, Grading and Encroa clarifies specific definitions, as appropriate, identified. It also identifies abbreviations used Temecula Municipal Code, Title Abbreviations." 3-1 DEFINITIONS A. Private Development. The following definiti 18, Ch Grading — shall mean any specifically, the construction material and the placement necessary to complete all c conditioning, corn.- ion and sat Gradin • Per within priv exceptio only on permit ac mass to rou �:,ie:icllflC xistin demolition and approval be submitted, in ul Route — sha ravel. velop ed in Sect ding permi ly, as r Ha maters nt efines ghout this 18.03 "Definit he Temecula Municipal nance. This chapter s not previously al. Refer to the of Terms & s of excavat volving th -usable es su tructio tory ng clarified and/or added to: filling or combination thereof; more vation and re -use (or disposal) of and soil imported to the site ng excavation, backfill, soil ean the ation n-: r -: to perform construction/grading This p is required if grading within City limits, with the 18.06.06 "ermit Exemptions" of the Code. Note that there is cessed p: oject site. The City Engineer shall modify the ogres om a specific type of grading to another (from pro mean a plan • ing of the applicant's construction site showing topography, drainage, environmental constraints, easements, is to the land. The plan is to be submitted to the City for review to ob • • a grading permit. Various types of grading plans, which may e: mas •ugh, precise and borrow site/stockpiling grading plans. ean the route(s) upon which vehicles transporting excavation materials — shall mean the authorization needed to move soil or construction oadways to or from a grading site. Ordinanc- all mean Title 18 entitled "Construction, Grading and Encroachment" of the Temecula nicipal Code. Onsite Development — shall mean development occurring on private property. B. Public Rights -of -Way. The following definitions are being clarified and/or added to: Blanket Permit — shall mean a permit that covers a wide array of work at a project site. Construction Plan - shall mean a plan/drawing of the applicant's construction site showing existing and proposed topography, drainage, easements and improvements to the land. The plan is to be submitted to the City for review and approval of public improvements, prior to obtaining an encroachment permit. Various types of construction plans, which may be 3-1 submitted, include: offsite/public, street, storm drain, sewer and/or water, dry utility, traffic control plans, traffic signing & striping and traffic signal improvements. Curb Core — shall mean the coring of concrete curbs within public right-of-way for proper drainage. Driveway Approach — shall mean the sloped access part of the driveway between curb returns that is within public right-of-way. Encroachment - shall mean entering and/or using any public rights-of-way in such a manner as to prevent, obstruct or interfere temporarily or permanently with the normal use of that public rights-of-way; going upon, over or under any pub 'ghts-of-way; placing any facilities upon, along, across, over or under any public rig ' ay; or in any other manner utilizing, modifying, disturbing or performing any work in ; r blic rights-of-way. Encroachment Permit - shall mean the authorizatio -r: =-., allow a private party: (a) to perform, construct and/or maintain some type of is/pri mprovement/utility within public rights-of-way or a public easement; an.. (b to obtai -1 encroachment within public rights-of-way or road closures for oth = '-nts (non -const related). Note that there is only one encroachment permit pros d per project site. Road Closure — shall mean a tempor road repairs and/or events that need to Utility Maintenance — shall mean the neces such as wet utility line cleani •, manhole re testing, epoxy coatings, dry -i�ili, e cleaning, r osure/restric ion in the roa lace whil H: road is closed. Utility Trenching — shall me shall be performed per City an 3-2 ABBREVIATIONS The following a Act ADA BMP ing of ro ndards. to necessary aintenance associated with utilities n, TV cable inspections, acceptance etc. r utility purposes. Trench repairs used th t this Manu Alquist- ` 'lo Earthquake Fault Zoning Act America : 'th Disability Act ent Practices ccupational Safety and Health Administration Californi. Stormwater Quality Association California Building Code Construction General Permit the City's franchised solid waste hauler Conditional Use Permit Eastern Municipal Water District Erosion & Sediment Control Maximum Extent Practicable Mass Grading Plan Municipal Separate Storm Sewer System Manual on Uniform Traffic Control Devices (2012) Notice of Intent National Pollutant Discharge Elimination System Precise Grading Plan Qualified Stormwater Developer/Practitioner Rancho California Water District Riverside County Flood Control & Water Conservation District Rough Grading Plan Rights -of -Way South Coast Air Quality Management District Ca ES MEP MGP MS4 MUTCD NOI NPDES PGP QSD/P RCWD RCFC&WCD RGP RNV SCAQMD 3-2 SHMA/R Seismic Hazard Mapping Act/Regulations SWPPP Storm Water Pollution Prevention Plan SWRCB State Water Resource Control Board TLMA Riverside County's Transportation and Land Management Agency/Planning Division WDID Water Discharge Identification WQMP Water Quality Management Plan 3-3 Chapter 4 — NOT USED 4 This page is intentionaU 't blank. 4-1 Chapter 5 — NOT USED 5 This page is intentionaJblank. 5-1 Chapter 6 — GRADING PERMIT, APPLICATION & REQUIREMENTS 6 A grading permit may be required prior to commencement of any limits for any onsite development. This chapter covers the type permit, the permit application process, all required submitt data/studies and the requirements for disposal of materia Code, Title 18, Chapter 18.06 "Grading Permit, ati 6-1 GRADING PERMIT The following types of work may be cove permit exemptions are identified in Section 18. A. Onsite/General Grading. 1. Mass and Rough Gradi completed on a large scal= the mass grading will be wi Grading Plan ' P) is a gr finished e .tvt n terim b re ► _, asso :<<=�• with bo quire a. T b. A requir appr d. If applic District ( For RGP Approval cept - ntative Ma tance of the of I• Ifl" der a ar 0 "P Grading area pr er two fe pla r a Con• ding plan ppro al ele al) ction and grading within City that may require a grading s •ing clearances, reports, er to emecula Municipal on & Req b • ents." P and a R Use Permit (CUP) must be approved prior to ittal. r Discharge Identification (WDID) number is ing plan. permit, if app - e. Note that xemptions" of the Code. (MGP) is a grading plan that is ough grading. When completed, ite's final elevations. A Rough details necessary to achieve and drainage. Listed below are grading exten.s beyond property limits, a "Letter of Permission to roved form) from each adjacent property owner is required prior to g plan. sub gust control plan to the South Coast Air Quality Management MD) i accordance with Section 6-3 B.6 of this chapter. II other submittals required by the approved (final) Conditions of map, street, storm drain, etc.) must also be submitted prior to f the grading plan submittal. 2. Pre •m.. A Precise Grading Plan (PGP) is a detailed grading plan that shall includ- -cise locations of structures, finished elevations, drainage details and all on- site improvements on a given property. This plan is required for: commercial/industrial development, tract subdivision development and custom single residential Tots. Note that any paving associated with onsite development such as for parking lots and private streets shall be shown on the PGP and shall be covered under the grading permit for the site. Listed below are requirements associated with a PGP. a. For Commercial/Industrial Development. i. The applicable Planning Application must be approved prior to acceptance of the grading plan submittal. ii. Same as Section 6-1 A.1.b (NOI). 6-1 iii. Same as Section 6-1 A.1.c (Permission to Grade letter). iv. The Gross Property Boundary Closure Calculations are to be calculated by a Registered Civil Engineer or Land Surveyor. The acreage should include right-of- way fronting property. b. For Tract Subdivision Development. i. For a Model Home Complex and/or a Temporary Sales Trailer submittal, the applicable Planning Application must be substantially complete prior to acceptance of the grading plan submittal. ii. For all other tract home submittals, the applic- ,: roduct Review Planning Application must be approved and the Final ust be submitted for plan check prior to acceptance of the grading pla• iii. The Final Map must be recorded prior to c. For Custom Single Residential Lots. i. If applicable, the septic system Health Department prior to acc ii. Same as Section 6-1 A.1.b iii. Same as Section 6-1 A.1.c (Pe iv. Same as Section 6-1 A.2.a.iv ab With regard to sing grading or building p that habitable structure public health and safety vehicles _ ts reque the "= ' '. > it lss 20s d its res ive agre approved by e of the grading plan e grading plan. ion to G tter). Calculations). unty Environmental ittal. homes, on ion, applicants request to obtain a on dirt ro: -_ :ecause the City has determined vin• from di -ds) present a clear threat to the to a la . ble a r timely access by emergency b { a .:. .r lots on dirt roads shall adhere to licy for s on Dirt Roads" (updated May ts. (Refer to Appendix A.) pn acces id policy, btain. rsec tions ading per •r Tots on dirt roads may be granted. However, ermi a property owner shall provide an "all weather" o e to the nearest improved, acceptable paved id policy app = - o all new habitable structures or major additions; s are only for: Re existi Repla Ane' the remo quare ructures; or additions to existing structures not to exceed 25% of the tage of habitable space or 600 square feet, whichever is less; ent of structure, due to damage such as fire or flood; dwelling unit can be replaced once, and built not to exceed 25% of g square feet of habitable space or 600 square feet, whichever is less. Fo se exceptions, the applicant shall: (a) acknowledge that it is not the City's responsibility to improve the roads to enhance their property and (b) be required to sign an agreement, agreeing not to oppose and to participate in any future financing district formed to make the necessary road improvements. B. Borrow Site/Stockpiling. A borrow site is used to obtain soil material for use in grading on a site. A grading permit associated with a borrow site shall not be issued when, in the opinion of the City Engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a CUP in accordance with Chapter 17.04 "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site. 6-2 A borrow site/stockpile grading plan shall include the disposition and protection of soil material acquired from an offsite location for use in grading on a site as well as the disposition and protection of any temporary uncompact fill, which is intended to be removed at a later date. Listed below are requirements associated with a borrow site/stockpile grading plan. 1. The applicable Planning Application for the CUP must be approved prior to acceptance of the grading plan submittal. 2. A haul route permit is required for the import and/or export of material, including the source of borrow and/or disposal site. 3. Same as Section 6-1 A.1.b (NOT). 4. Same as Section 6-1 A.1.d (dust control). Upon approval by the Planning Commission, permit) may be issued for the import or expo material shall be removed from the site a subsequently issued mass, rough or preci a stockpile permit, unless modified by Manual. This permit is subject to the fo 5. Approval by the Planning Commission Work Covered by a Grading Permit" of th 6. Prior to trucking soil to soil) is required for its ac 7. Stockpiled soil shall not be within the 100 -year floodplai from which it 8. The per C. Erosio submitte engineer c ods. Sa sto outlets, etc. 1. The plan sediment m The plan sha ablished i be suscep for the ediment a gradin tent • • 4. A c Iocatio th a .<<v« g p soil materia ompacted and ding permit within si anning Commission in condition for stockpiling (stockpile a lot or parcel. Said d thereon under a hs of issuance of a. c) •ance with this cor •. with Section 18.06.040 "Types of a certificatio the soils engineer (for the imported rol. An n) shall be -tion iltation of runo ance systems wing: e high- eam e identi rim of any surface water bodies reeks or in any other location eiv g waters. in the approved CUP. sion & sediment control (ESC) plan (typically ared under the direction of and signed by a civil ch plans and knowledgeable in current ESC the City and shall provide for protection of requent intervals prior to discharging from a site or (natural water courses, streets, flow -Tines, inlets, indi •roposed measures for the control of runoff, erosion and ent. lude, at a minimum, the measures designed to meet the standards pter 18 of this Manual. approved prior to the approval of the grading plan. approved ESC plan shall be maintained in an obvious and accessible the project site. 5. The field copy of the ESC plan shall be redlined to show the current site conditions during construction. D. Administrative Clearing. Any clearing performed pursuant to this section shall conform to the location, extent and purpose authorized explicitly by the applicable discretionary approvals for development of land. In general, issuance of an administrative clearing (grading) permit is subject to the following conditions: 1. No person shall commence any clearing and grubbing operation without first obtaining a grading permit in accordance with this Manual. 6-3 2. A clearing plan showing the location of existing natural vegetation, all existing buildings or structures and the specific area to be cleared on the property (along with an erosion and sediment control plan) shall be submitted and approved. 3. A biological report or other documentation, which indicates the quantity and quality of existing vegetation as potentially suitable habitat for sensitive species, and any potential impacts on the suitability of remaining habitat onsite and adjacent properties, shall be submitted and approved by the Director of Development Services. (Note: On disturbed sites, this report may be required to recommend re -vegetation with native plants). 4. As required by the Director of Development Services, an that indicates the location of sensitive resources, archaeologist or paleontologist, shall be submitted a 5. A Dust Control and Prevention Plan must be app Section 6-3 B.6 of this chapter. 6. For development -related clearing. Where anticipation of, or pursuant to, developme accomplished: a. All applicable discretionary appr aeological resource report termined by a qualified oved. proposed c e affected prop CAQMD in accordance with or develop b. All required environmental mitiga ieasure 7. For non -development clearing. In all anticipated, the following . II be accompli and grubbing is in e following shall be nt of the land -I I * e issued. be implemente nces where development is not a. Photographs of the conditions and vegeta surroundin s ubmitted. erties that clearly indicate existing b. All required environmen previously ....ted enviro E. Rock Blas shall be a rock Ip sed unde g (grading) sury itiga ntal ures for co cial app it. 1. A pre issuance. e implemented as required by blasting tec niques to perform rock excavation ion. Listed below are requirements associated with unding •perties must be conducted prior to permit rock lev 3. All blas Manual. g, s e eismic re ngs shall be taken for all blasts at locations and City Engineer. to the requirements of the City Engineer, as specified in this vinq/Waterco tions shall b covered 6-2 GRADIN Alterations. All work associated with paving and watercourse own on the precise grading plan (refer to Section 6-1 A.2); said work r a grading permit. APPLICATION The submittal o a grading permit application package (for review and approval by the City) is the first step toward obtaining the permit. Refer to the sections below: A. Application Form. Refer to Appendix B for a copy of the application form. The applicant shall maintain the application's information current until the conclusion of the permitted activities. B. Application Package Requirements. For detailed requirements, refer to Appendix C and/or the most current Land Development Submittal Requirements. Among many items identified, said requirements include a grading plan and the requirements for revisions to approved grading plans. Refer to the following: 6-4 1. Content of a Grading Plan. A grading plan shall be submitted on a standard 24" x 36" (D size) bond copy for review and shall include the City's standard title block and applicable standard notes, which are included in Appendices D, E, F and G. Appendix H identifies the typical content of a grading plan. Also, refer to Appendix I for design standards for off-street parking and loading spaces for multi -family, commercial and industrial sites. The purpose of these development standards is to assure provisions for safe, adequate and well-designed off-street parking facilities. 2. Revisions to a Grading Plan. Plan revisions are processed when an applicant makes changes to the plans - either during the plan checking pr. -ss or after approval of the plans and the project is under construction. a. During Plan Review. Major redesigns/changes permit may require additional plan check fees. of the amount of fees required based on th to continue processing the plan review. b. During Construction. Any constructio a redline revision for review and a• :I field. i. Mylar revisions shall be pe ed in acco policy. ii. The City will make the determina a "minor" or "ma '• vision. If the ented prior to issuance of a will make the determination redesign/change in order e must first b prior to implem change, the apple accepted as a requirements. Note: this sec '• • also applie C. Ex • iration rocess th n). Refe Submi days follo checkin additiona application of ap e date o r� ; y be returne i e to th - ttal xpir Permit Exten 'ssuance. Permi applicant's stances be the w • lication the appli nt. Not • ••, oil,' mitted to the City as changes in the ce with the C urrent mylar er a construction change constitutes etermines it to be a major construction ge as a new submittal (it will not be Appendix C for new submittal ucti: plans, as noted in Chapter 12. plications fo which no permit is issued within 180 expire. When expired, the plans submitted for plan r may be destroyed by the City Engineer without t this section also applies to the expiration of ts, as noted in Chapter 12. The expiration and in conformance with Sections 18.06.140 and rading/Encroachment Application Submittals" of the submitta nd Renewal of /Ren- A grading permit shall be valid for 180 days from the date of ension •f up to six months) may be granted by the City Engineer upon n request showing to the satisfaction of the City Engineer that his control have prevented, delayed or extended the time required to co = • All permit extensions shall be subject to a "permit issuance fee" in accor• - _ - City's current Fee Schedule. Note that this section also applies to permit extensio croachment permits, as noted in Chapter 12. The expiration and renewal of issued per :. shall be in conformance with Sections 18.06.160 and 18.12.120 "Expiration and Renewal of Issued Grading/Encroachment Permits" of the Code. GI E. Denial of Permit. The City Engineer may deny the issuance of permit if for some reason he determines that the work, as proposed, will cause hazardous conditions. Note that this section also applies to permit denials for encroachment permits, as noted in Chapter 12. Other possible reasons for denial of permits shall be in accordance with Sections 18.06.180 and 18.12.140 "Denial of Grading/Encroachment Permit" of the Code. F. Transfer of Responsibility. In the event the civil engineer of record, geotechnical engineer, engineering geologist or the grading contractor of a project is changed during review or 6-5 construction, the applicant shall notify the City by submitting a formal notification letter, verifying the change of the responsible professional. A new grading permit application shall also be submitted with, at a minimum, a grading plan revision in accordance with Section 6- 2 B.2 indicating the change(s) of engineer/contractor. This section also applies to improvement plans related to encroachment permits, as noted in Chapter 12. 6-3 GRADING PERMIT REQUIREMENTS If applicable, the following items may be required prior to issuance of any grading permit: A. Clearances. 1. Regulatory Agencies. The City will identify whic latory agencies and City departments are affected by the project and w ay require clearances. The applicant shall then obtain the required written cl: permits from the applicable agencies and/or City departments; this mu - cur to issuance of permit. Clearances may be required, but are not Ii , the follo - California Department of Tran '- ion (Caltrans right -of- - California Department of Fi = d Game - Riverside County Flood Contro -,..r. ervation District - California Division of Industrial Sa - Temecula Fire D - - - United States Arm • .t :: • - ertification) - Riverside County G : - River • ounty Envi I-.4 -.rt -nt (septic system) ElEr • - Quality -. w+i- ent Dist dust control) Er . Fish and 1. - - ffik"egional Wa uality Con :oard (401 Certification/NPDES requirements) la\ lar -ty D. -.- ment (ADA, retaining walls, etc.) - Te : anning . = t — (environmental clearances may be required to ple e - the California En ironmental Quality Act and any land use permits may _ quired in accordance with the City's Development Code) • - nity Services Department Mink '.1Tagi MEMPubli •rks Land Development Division (street lights, etc.) - Teme• = Public Works Maintenance Group/Parks and Landscape Division (public parks, meter/slope and median landscaping, etc.) 2. Dra ements. For all drainage -ways (where their function is essential to the protec -nd/or use of multiple properties), a covenant and/or deed restriction shall be recorde• by the applicant, placing the maintenance responsibility of the drainage -ways on the owner of record of each respective lot affected. Permanent offsite drainage easements, as required by the City Engineer, shall be acquired by the permittee. Such easements shall be subject to approval of the City Engineer and City Attorney and recorded prior to issuance of permit. B. Reports. The following reports may be required as part of the initial submittal package: 1. Conceptual Water Quality Management Plan (WQMP). This report must be accepted by the City Engineer prior to issuance of final Conditions of Approval. Applicants shall 6-6 ensure adherence with the latest version of the Project -Specific WQMP Template ("Template"). At a minimum, the following Template sections shall be addressed: Section Title of Section I Project Description III Pollutants of Concern IV Hydrologic Conditions of Concern (Preliminary Surface Hydrology) V.1 Site Design Best Management Pra -,-. (BMP) V.3 Treatment Control BMPs VI Operation and Maintenance ' _ - . ibility for Treatment Controls Appendix B WQMP Site Plan Appendix C Supporting Detail rela :., Hydrologic . ,Ir .itions of Concern (Preliminary Surfac - rology) Appendix E Soil and Percolat ' '--ports that specifically : H ess soil infiltration prop: ,- Appendix F Treatment Contr. %,, P Sizirculations and , :.ign Details 2. Final WQMP. This report it shall also be accepte WQMP shall include the r II finalize the c• ity Enginee ai tions of th ually accepted portions of the WQMP; r to issuance of any permit. A final plate outlined below: Section Title of Section II - haract: = r V.2 So. - Contro•ii', P's V Equ = ent Trea ,-,: nt Control Alternatives V. R=; ally -based -atment Control BMP's VIII • •endi al Condi • = Approval = - •ix B ' inity Map, Receiving Waters Map App- D ation Material Appen• O& sreement Appendix Phas- Environmental Site Assessment otechnical Is) Reports. geot: cal report shall be submitted as part of the permit application package. It n all applicable project information, including specific geologic constraints t= affect the site's grading and development. Refer to the following: i. A detailed review of the report shall be provided at 1St plan check. Prior to re- submitting it for a 2nd review, all comments shall be addressed. ii. If the findings and recommendations made in the soils report are changed, the engineer of record shall notify the City. iii. Additional soil -related submittal items will be required for changed site conditions and/or any previously submitted soils report older than one year. Submittal items shall include, at a minimum, an updated letter by the geotechnical engineer indicating the validity of the original findings and recommendations. 6-7 iv. Recommendations contained in the approved reports shall be incorporated into the grading plans and shall become conditions of the permit. b. A preliminary (initial) geotechnical report shall be prepared subsequent to a subsurface investigation of the site and shall include: i. Info/data on the nature, distribution and strength of existing soil and rock onsite; ii. Physical properties of existing soils; Slope stability analysis; iii. Fill/alluvial settlement analysis; Liquefaction potential analysis; iv. Conclusions as to the adequacy of the site for the .posed construction; v. Recommendations for general and corrective • =, . procedures, including: • The correction of weak or unstable expansive soils that may be present. • Foundation and pavement desig • Other recommendations, as grading and development. c. A preliminary (initial) engineer (Note that this report may be co ditions and treatment of any c ,t ia; an ssary, comm ology report may be req ed with the ► iminary geotec ate with the project i. A description of the site topo An opinion as to the adequ.: engineering gee ' ; .1 standpoint, reasonably infe •'lity on adja the project; it shall include: report.) gy including a geo •gy map; e proposed development from an an opinion as to the extent known or roperties that may adversely affect iii. A description oft eares c11` 'ally vests► .epic iv. v. des ' '. n of the fie osed orrective g nd stable faults and their locations; a conclu the e of geological conditions on the lopmen ; .ecific recommendations for plan modifications, g and/o cial techniques and systems to facilitate a safe lopment; a as -ssary, commensurate with the project grading ology reports are required for all developments where geologic sidered to have a substantial effect on existing and/or future site es grading on hillside sites where heights of cut slopes exceed uirement is waived by the City Engineer. This requirement ded to . her sites suspected of being potentially adversely affected by ing or differential settlement. c stabi six fee , may be faulting, fi A soil/pe sa Thi e tion report addressing soil infiltration for the WQMP may be required. minary soils report must be included in Appendix E of the WQMP, dless of whether or not infiltration BMP's are proposed for the project. It st include boring logs, boring -specific and seasonal -high depths to groundwater and site -wide liquefaction potential. ii. Percolation tests must be conducted when boring logs show predominantly sandy subsurface conditions in alluvium, cut or undisturbed soils. Tests shall be in accordance with the Riverside County Manual for Design of Septic Systems and conducted at approximately five feet below proposed finished grade. Percolation test results can either be integrated into the soils report or attached separately and shall be presented in inches/hour (In/Hr). Acceptable percolation rates vary between 0.5 in/hr and 6.0 in/hr. 4. Fault Hazard Reports. Prior to issuance of permit, all grading projects that he within an earthquake fault zone shown on the maps prepared by the State Geologist (pursuant to 6-8 the Alquist-Priolo Earthquake Fault Zoning Act ("Act")) shall submit the following information (refer to Appendix J) to the City Engineer for review by the County of Riverside's Transportation and Land Management Agency/Planning Division (TLMA): a. The geological/fault hazard (site-specific) report shall: i. Be prepared in accordance with the requirements of the Act by a geologist, who is registered in the State of California. ii. Define and delineate any hazard of surface fault rupture; iii. Include site maps, the Planning Application numb and the Assessor's Parcel Number(s) for applicable lot(s). iv. Include a check or money order, payable Riverside County Planning Department for the current review fee chthe County for Alquist Priolo report review. (Refer to TLMA for the lat: <> s le.) b. Upon submitting the above information shall be referred to TLMA for review b work directly with the registered acceptable report. Copies of the Upon obtaining an acceptabl conclusions and recommendation of Approval and a statement appro approval letter will be . nsmitted to th Mines and Geology i - nce with th c. propriat- to to Licensed st, who prepared ents will be forwarded the City Engineer, it ist. The County will ort, to obtain an City Engineer. cluding the ort, TLMA prepare a le 5. Liquefaction Hazard Repo a. In accordance with t (identified in Appendix K shall su• ;,-otechnica City - view an a regis field of s ii. •ntain s' = evalua ons y known off-site s report, approp :te Conditions ort. Copies of the final report and ngineer and the California Division of .+ow g Act/Regulations (SHMA/R) - Ioc- within a seismic hazard zone • - neating any seismic hazard to the I. The ge•• -chnical report shall: civil engineer or certified engineering geologist, is hazard evaluation and mitigation; of the seismic hazard affecting the project; ite containing seismic hazards; eismic hazards that could adversely affect the site of an earthquake; ements of the SHMA/R, which include, but are not limited to: escrip of project and geologic/geotechnical conditions at the site, luding an appropriate site location map; luation of site-specific seismic hazards based on geologic and otechnical conditions in accordance with current standards of practice; ecommendations for appropriate mitigation measures as required in Section 3724(a) of the SHMA/R; Name of report preparer(s) and signature(s) of the certified engineering geologist and/or registered civil engineer, competent in the field of seismic hazard evaluation and mitigation. b. Public Resources Code Section 2697 (identified in Appendix K) requires that one copy of the approved geotechnical report be submitted to the State Geologist within 30 days of report approval. The engineer of record shall send the report to the following address and provide the City Engineer with a copy of the transmittal: California Department of Conservation Division of Mines and Geology Attn: Seismic Hazard Reports 6-9 801 K Street, MS 12-31 Sacramento, CA 95814-3531 6. Dust Control and Prevention Plan. a. A Dust Control and Prevention Plan shall be submitted in conjunction with any plan involving clearing, moving or stockpiling of soil. The City Engineer may also require the submittal of this plan for other developments, as deemed necessary. At a minimum, the following conditions shall apply: i. The plan shall demonstrate that fugitive dust emissions will be controlled 24 hours/day, seven days/week, whether or not they: urrent activity onsite. C. Mi ii. The plan shall identify the name and phone for ensuring the plan is implemented and a dust complaint after normal working h iii. The plan shall demonstrate that th site will not occur or can be conditions and circumstances. be limited to: the application fencing, treatment of st standards for maintaining iv. When an entire project is to b site is to be com • Ieted in phase shall be treate chemical r of the person responsible be contacted in the event of arge st from the construction Iled depen. .n the particular site t control measu all include, but not er or dust palliatives, •stallation of wind reas and e establishm- p • performance e in a mo dition. system. v. If importing/expo on the grading pl con - - dust resul tr. :,.,'eand on of he du b. All and calculat quantity o upstream or supporting da suc permi is with s, which ear, must es, t laneous >. p' be re fro than 1 e more it a dust c all o e subsequent construction on the ion of the site not under construction er or plant materials and an irrigation monstrated by cut/fill quantities II include procedures for the rtation of soil from, to or within dways. res of disturbed surfaces at any given time, and/or 10,000 cubic yards of soil on at least three I plan to SCAQMD for review and approval. In their approval of the plan, prior to issuance of sis. Wh- applicable, the engineer of record shall prepare studies and data regarding hydrology/hydraulic analysis and , drainage area maps shall also be submitted to determine the d by or tributary to the site, and its effects on the site or upon nstrea •roperties. Erosion and sediment transfer studies and other ay be required. /Studies. The following supplemental data, studies and/or reports may issuance of permit: 1. Limi 7 6 ndation. Said limits on the property, during specified storm frequencies, shall b- -lineated on the plans; supporting calculations shall also be required. 2. Flood Protection. The engineer of record responsible for plan preparation shall ensure: a. that the building pads to be created through any proposed grading are free from inundation from runoff from specified storms; and b. that floodplain/floodway elevations and widths, sheet flow depths and any other data required by the City Engineer (or by any applicable County, State or Federal flood protection insurance program/requirements) are delineated on the plans. 3. Percolation and Permeability. The engineer of record shall submit studies and data, as applicable, including: 6-10 a. soil percolation and permeability characteristics and their suitability for use of septic tanks and leach fields; and b. groundwater hydrology studies, data and tests on the quantity and quality of ground water (which can be produced from properties not served by available municipal water systems) and its adequacy for domestic/agricultural use and fire protection. 4. Sub -Surface Septic Systems. Eastern Municipal and Rancho California Water Districts (EMWD and RCWD) may require a Source Water Assessment report that identifies mitigation measures for subsurface septic systems. Other subsurface system studies include identification of locations of any public wells. D. Other Requirements. After the grading plans (and applicable) have been approved, the applicant shall s mylars have been signed by the City Engineer and shall submit to the City Engineer: 1. Two sets of prints of the approved (sign applicable, and 2. A CD containing electronic files of t Note: this section also applies to submi quireme permits, as discussed in Chapter 12. ated improvement plans, if lars for signatures. Once the ce of permit, the applicant ns — grading provement plans, if ed plans (in .tiff format). 6-4 DISPOSAL OF MATERIALS The City has an exclusive franc with CR&R Incorporated ("Franc making arrangements with the Fran construction and d - , ,. debris, public rights -of - t for soli lican or to issuance croachment to and recycling hauling services ctor shall be responsible for olid waste removal, including rivate development as well as in The applic that: (1) th materials are other i . n the tractor ma dor has don. :- ect to us: City of • the • - s ultati e services of another recycling vendor provided cula Recycling Permit and (2) the recyclable or. Under no circumstances may a vendor, nt/contractor for recycling bin rental, recycling ated to recycling. ny other servic e following Export of E Disposal of arding any h 'ng Exce the clusi d limitations of CR&R's ability to handle specific materials: co prior The applicant/ verification of accommodated reached at: itable Dirt. Franchisee will not haul excess dirt. rdous aterial. Applicant/contractor shall contact the Franchisee dous material to determine appropriate disposal method. Amounts of Coldplaned (milled) Asphalt. Applicant/contractor shall isee to determine if the quantity in question can be accommodated, of permits for the project. ontractor shall supply proof of disposal at a recycling center, including tonnage by certified weigh master tickets for materials that cannot be by CR&R or taken by any "city permitted" recycling vendor. Franchisee may be CR&R Incorporated P.O. Box 1208 Perris, CA 92572 Phone: (800) 755-8112 6-1 1 Chapter 7 — NOT USED 7 This page is intentionaj blank. 7-1 Chapter 8 — NOT USED 8 This page is intentionaJ'blank. 8-1 Chapter 9 — HAUL ROUTE PERMIT, APPLICATION & REQUIREMENTS 9 A haul route permit ensures compliance with City and engineerin impacts to public safety, traffic congestion, air quality, public stre be required prior to commencing the permitted work if soils ar chapter covers the haul route permit conditions, its applicati to the Temecula Municipal Code, Title 18, Application & Requirements." 9-1 HAUL ROUTE PERMIT A haul route permit may be required when s grading site. Because this permit may be trigger of soil, truck trips, traffic and NPT' concerns, the on a case-by-case basis, prior • • the haulin responsibility to verify if a permit i A. Conditions of Permit Issuanc= 1. Prior to issu a. the de ed route the provisio 'cation t op ermit, I be ap II consti f the Co m cess an ter 18 dards and mitigates negative community. A permit may on public roadways. This r requirements. Refer I Route Permit, on public roadways to or from a us factors such as location, quantity will determine if this permit is required ation to begin. It is the contractor's subjected to the following: y the Ci ngineer. Any deviation from the a violation of the conditions of the permit issued 2. The ap 3. In lieu o requirement Dust control implement • g a receive soil material by the oversight agency ed. ving the tes within other agency jurisdictions shall be 'fy the City Engineer at least 24-hrs before hauling is to start. ering ed loads, haul vehicles will comply with the freeboard ction 14 of the California Vehicle Code) for public/private roads. ures, consistent with provisions of Section 6-3 B.6 of Chapter 6, shall sportation of soils material from or to the site shall comply with Section 18. ,' e of Operations within Public Rights -of -Way" of the Code. 6. The p may specify other conditions, including the posting of a cash bond, as determined by the City Engineer, to minimize disruption of normal traffic activities and public inconvenience, and to prevent or minimize damage to public/private improvements. 7. All hauling operations shall be limited to the stated operating hours and days per the application permit. No work shall be conducted on weekends and/or city recognized holidays. 8. No truck queuing or staging shall be allowed on public streets. 9. All work shall comply with City (noise) ordinances. 10. The permittee shall: 9-1 a. obtain a haul route permit prior to transporting any soil. b. comply with National Pollutant Discharge Elimination System (NPDES) requirements and follow appropriate project -specific Best Management Practices (BMPs). c. assume all liability for accidents and/or injuries resulting from their operations. d. be responsible for all clean up and repair/damage of any City streets affected by the hauling operations. e. not stage, stockpile or operate any equipment outside the permitted work zone without written approval of the City Engineer. f. be responsible for maintaining public rights-of-way .r hauling purposes free of dust, earth material or debris, attributed to the cons operation. g. be responsible to dispose all waste and rec terials (removed due to the hauling operation) in compliance with the = •xc franchise agreement with CR&R Incorporated. Refer to Chapter 6, -,-c n 6-4 of Manual. 9-2 HAUL ROUTE PERMIT APPLICATION A. Application Form. Refer to Appendix maintain the application's information c B. Application Package Requirements. Refer Development Submittal Re,ttoilz,-.ents. C. Haul Route Plan Requireme the application is submitted, is applicant plans to •love conside Listed below a <<« equirem 1. Access 2. The shat equiva lates, sh fro achiev site s 0 feet of ac a grade ateri A be s e soil copy of the until the •ygic,- to plan, plication form. sion of the per pplicant shall d activities. dix C and/or the most current Land expires six months from the date for review and approval if an pment on public rights-of-way. �If •nly be a• ; s designated on the approved haul route plan. road, a • proaches the intersection with a public roadway, to excee• ee percent and be constructed of gravel (or ud debris from tracking onto public streets. Mud an• • .(r,. •uipment may be required at the City Engineer's ust be 300 e- ear, unobstructed sight distance to the intersection c roadway and the access road. If said sight distance can't be I be posted. 3. A tempora Uniform Tra road to the pu vance war s inte n conforming to requirements of the California Manual on ontrol •!-vices (MUTCD) shall be posted at the entrance of the access roadway. signs shall be posted on public roadways 400 feet on either side of the on. The sign shall be a W8-6 "Truck Crossing" sign with an orange ba: <._ • d black legend. The standard size of a W8-6 sign is 30 inches. The temp• - gn shall be placed in the rights-of-way, as approved by the City Engineer, and sh. •e placed in such a way as to avoid conflicts with pedestrians, bicycles or equestrian traffic. Signs shall be covered or removed when the access is not in use. 5. Protection of public utilities. D. Haul Route Restrictions. Haul routes may not be permitted through areas where active school crossing controls are in place or during peak travel times. Other restrictions may be placed, as directed by the City Engineer, due to special conditions and/or on-going construction activities. Additional application requirements, route restrictions and costs may also be applied to hauls involving over -size or over -weight vehicles or hazardous materials. 9-2 Chapter 10 — NOT USED 1 0 This page is intentiona rv`` blank. 10-1 Chapter 11 — NOT USED 1 1 This page is intentionajIrblank. Chapter 12 — ENCROACHMENT PERMIT, APPLICATION & REQUIREMENTS 12 An encroachment permit is required prior to commencement of a related work within public rights-of-way. This chapter identifies i encroachment permit, the permit application process and other required reports, disposal of materials, etc. Refer to the - -cula Chapter 18.12 "Encroachment Permit, Applicatio 12-1 ENCROACHMENT PERMIT When required, an encroachment permit s with this Manual. A. Major Construction -Related Im plans shall be submitted f permit for work within publ requiring this permit include design standards for such plans 1. Offsite/Publi City's cur directe 2. Str curre Highwa Drat struction or non -construction is that may necessitate an ents such as clearances, al Code, Title 18, equirements e issue rovemen -- w and appro -way (' d with t a also ite/ vements. c ent St eer. e City rovements roveme ign curre 4. Sewer a reet impr ndard Dra e City Engine accordance or construction -related improvement for to issuance of an encroachment ical construction -related activities owing improvement plans: (The en s shall be designed utilizing the awings 'ublic Works Construction and as ent plans shall be designed utilizing the City's for Public Works Construction and the Caltrans ements. :in improvement plans shall be designed utilizing my Flood Contr.' & Water Conservation District's (RCFC&WCD) ings and Drafting Manual. Wat- •rovements. Sewer and/or water improvement plans shall be designed u Municipal W City's current Utility Im me g the ent Rancho California Water District (RCWD) and Eastern District MWD) Specifications and Standard Drawings, along with the rovement Standard Drawings for Public Works Construction. ements. Dry utility improvements shall be designed utilizing the design r: r the appropriate utility company (electric, gas, all telecommunication fact The design shall be governed by that respective utility company's stand < : nd specifications. Installation of these facilities shall be consistent with the City's cu rent Improvement Standard Drawings for Public Works Construction. 6. Traffic Control Plans. All traffic control plans shall conform to provisions of the California Manual on Uniform Traffic Control Devices (MUTCD) (latest edition) and City requirements. 7. Traffic Signing & Striping Improvements. All traffic signing & striping plans shall conform to provisions of the California MUTCD (latest edition), the Caltrans Standard Plans and Specifications (latest edition) and City requirements. 8. Traffic Signal Improvements. All traffic signal plans shall conform to provisions of the California MUTCD (latest edition), the Caltrans Standard Plans and Specifications (latest edition) and City requirements. 12-1 B. Minor Construction -Related Improvements. Minor construction -related improvements that may require an encroachment permit include the following: 1. Driveway Approaches. This includes residential and commercial driveway approaches in accordance with City standards. 2. Excavation. This includes parallel excavation (trenching, etc.) and street crossings in accordance with City Standards. 3. Parkway Drains. This includes any parkway drains or curb ores (within public rights-of- way) in accordance with City Standards. 4. Street Closures. This includes any street closure fo truction-related work to be performed within public rights-of-way. 5. Temporary Power Poles. This includes the inst public RNV. 6. Oversize Transport. The County of oversize transport permits for the City. City haul route permit may be requir 7. Tree Trimming. This includes the encroachment into major circulation e Transport contact informatio r to Chapter 9. porary power poles within Department issues 951) 955-6880. A enance a • mming of tree ich requires 8. Underground Service Alert. This include g all utilities within public rights-of- way. 9. Utility Work. This include 1 company aching into public rights-of-way for facility upgrades, repairs, ate « -tc. a. In some cases, utility co encroach'• r utility) pe perfor • aintena thro C. Miscel nies o is ' us Activiti include: 1 :lock Activities withou it from the City. This type of d allows utility companies to ing to obtain numerous permits require an encroachment permit may also u• sal event requiring closure of public streets. includes any e -nt that affects access or closure of public streets. includes any event requesting closure of a public street for activities and/or special events. 3. Stree miscella 4. Access to agency needs Agen• .cilities. This includes required street closures for any utility o access their facilities. 12-2 ENC CHMEN f The sub City) is the RMIT APPLICATION croachment permit application package (for review and approval by the toward obtaining the permit. Refer to the following: A. Applicatio orm. Refer to Appendix M for a copy of the application form. The applicant shall maintain the application's information current until the conclusion of the permitted activities. B. Application Package Requirements. Refer to Appendix C and/or the most current Land Development Submittal Requirements. Note the minimal requirements of, and revisions to, a construction plan: 1. Content of a Construction Plan. For plan size and applicable standard notes, refer to Chapter 6, Section 6-2 B.1. Other applicable notes for construction plans may include "Traffic Control Plan Guidelines and General Notes" (Appendix N). Refer to Appendix 0 for the typical content of a construction plan. 12-2 2. Revisions to a Construction Plan. Refer to Chapter 6, Section 6-2 B.2. C. Expiration of Application Submittals. An encroachment permit shall be valid for a period of 180 days from the date of issuance. Refer to Chapter 6, Section 6-2 C. D. E. Permit Extensions/Renewals. Refer to Chapter 6, Section 6-2 D. Denial of Permit. Refer to Chapter 6, Section 6-2 E. F. Transfer of Responsibility. In the event the civil engineer of engineering geologist or the contractor of a project construction, the applicant shall notify the City by su verifying the change of the responsible profes application shall be submitted with, at a mini , a accordance with Section 6-2 B.2 indicating the c• • -(s) of en d, geotechnical engineer, anged during review or g a formal notification letter, new encroachment permit truction plan revision in contractor. 12-3 ENCROACHMENT PERMIT REQUIREM If applicable, the following items may be r or to iss .nce of encroa• t permits: A. Clearances. The City will identify whi • ulator affected by the project and which may req the required written clearaes or permits departments; this must occ r to issuance are not limited to, the follow' cies and City • rtments are s. The applicant shall then obtain e applicable agencies and/or City mit. Clearances may be required, but - California Departme - 7,9111Elk ight-of-way) - Tem --,,,Y=i -' e Depart _ ElWr oa , 1, Quality k:7-, - ment Distn (dust control) v= ecula Bui 11,1 & Safet -partment (ADA, retaining walls, etc.) Illk-mecula Co- [,,, - - -partment fd D: .- opment Division (street lights, etc.) - : blic Works 1 - ance Group/Parks and Landscape Division (public • : 'eter/slope and median landscaping, etc.) Ilabk o C. i, ' is Water District (water facilities) EEL 74111k1 ater District (sewer and water facilities) C. Con B for r rts. Variou reports Pre =, ports may be required as part of the initial permit submittal package. clude, but are not limited to: Water Quality Management Plan, Dust Plan and geotechnical (soils) reports. Refer to Chapter 6, Section 6-3 ptions. Other Requirements. Other requirements associated with the encroachment permit process shall also include: 1. Requirements for disposal of materials (refer to Chapter 6, Section 6-4 of this Manual); 2. Miscellaneous items to include security agreement(s) and required certifications/reports such as a pavement design street sections, subgrade/base certifications, if applicable; 3. The submittal requirements (two prints and a CD of the approved signed plans) prior to issuance of permit. The CD shall be in .tiff format. Refer to Chapter 6, Section 6-3 D. 12-3 Chapter 13 — NOT USED 13 This page is intentiona blank. 13-1 Chapter 14 — NOT USED 14 This page is intentiona blank. 14-1 Chapter 15 — DESIGN STANDARDS 15 This chapter describes technical requirements associated with de grading plans for work on private development and public rig standards for grading (excavation) as well as standards for walls/structures, driveways/access points and hillside d Municipal Code, Title 18, Chapter 18.15 "Des •t California Building Code's Appendix J). 15-1 CUTS A cut is the removal of earth material by arti steeper than is safe for the intended use, but in n one vertical (2:1). 15-2 No slopes shall exceed 30 feet in A. Geotechnical Report. The engineering geol••' 's report(s) specifically re at a cu hazard to p = ivate ^erty, or B. Geote recomme any such endati al Recom '•ns fro S ills are depositio ill Location. S ("Setback Di modate an e fill sh toe B. De m an c ent. dards" andards for construction and It covers technical design e paving, base, retaining to the Temecula Appendix P (the e slope of cut surfaces shall be no II it be steeper than two horizontal to ithout a icant ting stee ental consi dation. technica mitted), except as noted below: hnical engineer's and/or an e has been investigated and e will be stable and not create a erations dictate otherwise; and City Engineer may require specific ineer and/or engineering geologist to support City Engineer shall either: approve the subject to specified conditions or deny it. eart - rials by artificial means. Refer to the following below: cks at ; • of the cut slopes shall not be less than that shown in Figure sions") in Section 15-3 of this chapter or than is required to quired interceptor drains, whichever is greater. The area beyond the sloped for sheet overflow or a protected drain shall be provided. . The slope of fill surfaces shall be no steeper than is safe for the intended use, but in case, shall it be steeper than two horizontal to one vertical (2:1). C. Temporary Slopes. Exceptions to the above may be made for temporary slopes upon written request, at the discretion of the City Engineer, where public health, safety or welfare is not threatened. A "temporary slope" refers to a slope that would be removed, reconstructed or replaced with a retaining structure within a reasonable time frame. D. Preparation of Grounds. 1. Ground surfaces shall be prepared to receive fill by removing vegetation, non -complying fill, topsoil and other unsuitable materials and by scarifying to provide a bond with the new fill. 15-1 2. Where existing slopes exceed five feet in height and/or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching into competent material as determined by the geotechnical engineer and approved by the City Engineer. 3. The ground surface below the toe of fill shall be prepared for sheet flow runoff. 4. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be per the Geotechnical Engineer and/or Engineering Geologist Report. E. Fill Material. Only soils material free of tree stumps, organic peat and other deleterious materials shall be permitted. One exception includes: Rocks larger than six inches used unless the method of placement is properly supervised by the geotechnical engineer. In additio 1. Prior to issuance of a grading permit, pote on the grading plan. 2. Rocks sized greater than six inches below grade, measured vertically, engineering geologist. 3. Rocks shall be placed so as to assure Note: When the design of irrevocable assurance that areas, these burial depths ma F. Compaction. 1. All fill shall the mos by th 2. Loc testing provide nt ngineer. of field d cy a e ted to a is Buil 1 1 h • o _, k dispo matter, trash, garbage, sod, test dimension shall not be continuously inspected and shall apply: atest dimension sh as shall be delineated ecommended by the geot velopment o re or utiliti with the equiv a. Excep defined Engineer 'II slopes sh is sec • en p sde Whe tests sh. • - suffice with fines. 10 feet or more al engineer or nants and restrictions clearly provide I be placed on precisely definable al of the City Engineer. f 90". r.ximum density as determined by de (CBC) S . ndards, or equivalent, as approved determined by the soil engineer or approved in both horizontal and vertical placement to laced. Testing in areas of a critical nature or hall be in hr. to the normal representative samplings. Field termined in accordance with the most current CBC Standards, or ed by the City Engineer. er density and very high potential expansion characteristics as mos rent CBC exist, lesser compaction may be granted by the City justification and recommendation by the geotechnical engineer. compacted to the finish slope face as specified in sub -paragraph F.1 The soil engineer shall provide specifications for the method of ompaction of the soil within the zone of the slope face. 4. Suffi .ximum density by test methods set forth in the most current CBC, or an equival- method approved by the City Engineer, shall be performed during the grading operations to verify that the maximum density curves used are representative of the soils material placed throughout the fill. G. Buttress/Stabilization Fills. Recommendations for buttress/stabilization fills by the geotechnical engineer shall be accompanied by: 1. A report setting forth the soil/geologic factors necessitating the buttress/stabilization fill; 2. Stability calculations based on both static and pseudostatic conditions, (pseudostatic loads need not normally be analyzed when bedding planes are flatter than 12 degrees from the horizontal); 15-2 3. Laboratory test data upon which the calculations are based; 4. A copy of the approved grading plan showing the location of the buttress/stabilization fill; 5. A scaled section of the buttress/stabilization; and 6. Recommendations with details of sub -drain requirements. H. Utility Line Backfills. The following shall be adhered to: 1. Backfill for on-site utility line trenches such as water, sewer, gas and electrical services shall be compacted and tested in accordance with paragra • • F.1 of this section. 2. Alternate materials and methods may be used for utili backfill, provided that the material specification and method of placement are = mended by the geotechnical engineer and approved by the City Engineer, prior - lling. 3. The final utility line backfill report from the projoteI engineer shall include a statement of compliance by the geotechnica -n• eer that -sted backfill is suitable for the intended use. 15-3 SETBACKS A setback is the distance that a specific i set bac local zoning codes. The following must be adh - to, A. General. Setbacks and other restrictions spe increased or decreased b geotechnical engineer, if ne properties from deposition or e Retaining walls may be used to r 1. Design Stan• or Setbac ity Engineer safety an ide acce en ap a control poin required by ates to private development: is Manual are minimum and may be the recommendation of a civil or lity, to prevent damage of adjacent slope maintenance and drainage. d by the City Engineer. graded c cut or fil d structures shall be provided in re A in t -ection. In c. Whe emec ' tive lopes sha set back from outer boundaries of the permit area ure A. Lot 1 - shall be located at the top of slopes. is Building Code or Title 17 "Zoning" of the ipal Code - he minimum setbacks specified herein, the more ck provisions shall apply. 15-3 FIGURE 'A" SETBACK DIMENSIONS I *I IF PL IS ALSO THE RIGHT -OF -WA Y, REFER TO APPROPRIATE STREET STD. DWG. FOR SETBACK REQUIREMENTS R* BERM REQUIRED ! .' R H MFD INTERCEPTOR DRAINS MFD level c TOE OF SLOPE DRAINAGE SYSTEM LOT DRAINAGE TO BE COLLECTED FOUNDATION CLEARANCES FROM SLOPES d H 1 1 j, '- i BERM REQUIRED - TOE OF SLOPE DRAINAGE SYSTEM REQUIRES BLDG.—" PERMIT TOP OF SLOPE H TOP OF WALL ELEVATION }I DRAINAGE DEVICE CONNECT TO UNDERGROUND DRAINAGE SYSTEM OR DAYLIGHT TO A DEFINED DRAINAGE COURSE DRAINAGE DIMENSIONS Table A Minimum Setback from Adjacent Slope H (Feet) a b c d e O c 6 2' 7' 2' 2' 3' min. 6 - 15 15 - 30 H/5 11/5 7'1-1'9 H/2 2' min. 5 m n. 1115 H/5 H/2 H/2 4. 30 H^5 20' max. 10 H 7 10' min, His 10' mex. 15' PL means pro etbacks shall e A applie n- - slope "Figure A" Notes line; means manufactured slope. comply with the Development Code. manufactured slopes 2:1 or steeper natural slopes. Setbacks from r than 2:1 shall meet approval of the City Engineer. 4. "b" m• ced to five feet minimum if an approved drainage device is used. 5. If the a ding slope between "a" and "c" levels is replaced by a retaining wall, "a" setback may be reduced to zero. The height of the retaining wall shall be determined by the MFD. 6. "b" is measured from the face of the structure to the toe of the slope. 7. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances, "d" may be reduced as recommended in the approved soil report and approved by the City Engineer. 8. "e" shall be increased, as necessary for interceptor drains. 9. The findings and recommendations from the geotechnical report will establish the appropriate setbacks; however, they shall not exceed the minimums specified in Figure A. 15-4 B. Earthquake Fault Zones. All projects that lie within an earthquake fault zone, as identified in Chapter 6, Section 6-3 B.4 of this Manual, shall comply with the setback requirements established in accordance with the Act. 15-4 EXPANSIVE SOILS In general terms, an expansive soil expands when it absorbs water. The movements and pressure caused by their expansive characteristics may cause significant damage to buildings and structures. Refer to the following: A. Tests. Tests for expansive soils shall be performed on soils our feet of the finish grade of any area intended or designed as a location for a buil henever expansive soils are encountered: 1. The permittee shall remove the expansive sot mini depth of four feet below finish grade and replace with properly comp d, non-expa 1,11i 2. The geotechnical engineer may reco °-[-,' : a modification removal and replacement of expansiv B. Expansive Soils from Cut Areas. At t = ,cretion soil from cut areas shall be placed in are- - -t wi support structures including slopes. Non -exp otherwise, handled so that th - be placed a C. Disposal of Expansive So described above, shall be disp 1. Disposal outsi 2. Disposal gradin appr 15-5 BERMS 15-6 (b terra Refer to shall c e e City limit ation wi xpansi geotec it and the owne ed by -hon • •to RRACING A soil; or e requirement for o geotechnical en. zi-r, expansive ffect foundations, streets or other rials shall be reserved, stockpiled, or over expansive soils. soils either: an't be disposed of onsite, as ap 6, Section 6-4 of this Manual. ity, pro ,. r.. that said location is covered by a s can be disposed of at said location with written I engineer. gineer, - . d berm shall be constructed at the top of all slopes to one vertical :1) and greater than three feet in vertical length. The e and shall be a minimum of six inches high and one foot wide. terraces are embankme d draina How' igned level steps/areas constructed in the face of a graded slope needed for drainage and maintenance purposes. The placement of evices also assists with drainage, erosion control and slope stability. low: A. Terrace - afactured slopes greater than 30 feet in height require terraces at least six feet in wi. - tablished at not more than 30 feet vertical intervals on all cut or fill slopes to control surface drainage and debris (except where only one terrace is required, it shall be at approximately mid -height). For cut or fill slopes greater than 60 feet and up to 90 feet in vertical height, one terrace at approximately mid -height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 90 feet in vertical height shall be designed by a professional engineer and approved by the City Engineer. Existing slopes in excess of 30 feet requires findings and recommendations by a geotechnical engineer regarding the placement of terracing and drainage. Suitable access shall be provided to allow for cleaning and maintenance. B. Terrace Drains. 15-5 1. Terrace drains shall be constructed on all slopes greater than 30 feet in height, using concrete with suitable reinforcement, with a minimum gradient of five percent and shall be paved with reinforced concrete, or approved equal, not less than three inches in thickness. Construction of the drains shall be such that concrete is a minimum of one- half inch (0.5") below (and a maximum of four inches below) the surface elevation of the adjacent grade. The terrace drain shall have a minimum depth at the deepest point of one foot and minimum width of five feet measured across the top and shall be designed to accommodate the runoff intercepted. 2. Unless otherwise approved by the City Engineer, a single collect more than 13,500 square feet (projected) of dr into a down drain or other approved collection devic flow spreaders and other structures shall be pro Engineer. All down drains shall be constructed and shall equal the cross-sectional area of th material and of 12 inches minimum diamete 3. Discharge from the drain shall be acc approved by the City Engineer. C. Interceptor Drains. Concrete interce manufactured slopes where the tributary drainage path to top of slope greater than 4 shall be paved with a minim to contain the 100 -year flow width of 36 inches measured minimum of two percent or as D. Subsurface Dr 1. Cut and and 2. All E. Draina a c; ; c 4 - ace . n of terrace drain shall not area without discharging sh walls, velocity reducers, the satisfaction of the City with suitable reinforcement r be a pipe of approved ed in a manner event erosion and drains s ge hree inches o minimum oss the Engin installed alone w. a top of all ows toward the slope and has a ured horizontally. Interceptor drains rced concrete. They shall be designed of 18 inches and a minimum paved The slope of the drain shall be a pes mmende s and buttr be provi the geot fills shall h subsurface drainage as necessary for stability ical engineer and/or engineering geologist. vided with sub drain drainage. ge across property line shall not exceed that rading. Ex , concentrated drainage shall be contained onsite ved drainage facility. Erosion of the ground in the area of discharge Ilation of non-erosive down drains or other devices. shall be p 15-7 D GRADING sec ading is defi • vers storm 1t j ater A. Sto carrie shall be as the grading -related work associated with creating the pad. This r runoff and finished grading. ff. Storm water runoff from lots or adjacent properties shall not be fill slopes steeper than five horizontal to one vertical (5:1). Such runoff d for as follows: 1. Each lot shall be graded so that storm water will drain from the back and through the side yard and front yard with a minimum grade of one percent directly to an abutting street or approved drainage facility, without flowing across other lots or cut and fill slopes. Pads shall be rough graded to a minimum slope of one and one-half percent (1.5%) to insure that finished grading provides one percent minimum slope on swales. Where the velocity of the flow is found to be erosive, an improved drainage device shall be required. 2. When the above is not possible, as determined by the City Engineer, storm water shall be collected along the top of banks or at the rear of the graded lots by means of 15-6 15-8 improved gutters, interceptor drains or in area drains and conveyed to an adequate outlet, which does not drain across the sidewalks. 3. Area drains shall be sized by engineer's hydraulic calculations to convey the 100 -year storm flows. The drain pipe shall be a minimum of three inches in diameter and constructed of solid wall pipe. Minimum pipe slope shall be one percent and cleanouts shall be provided every 100 feet and at angle points and junctions in the system. Overflow design shall ensure a ponded water surface elevation to be six inches below the certified pad grade (one foot below finished floor elevation). An alternative overflow shall be designed and constructed to insure the safety • the structure and adjacent properties in the event of drain blockage. 4. All foundations shall be designed and installed to p a finished floor elevation a minimum of six inches above surrounding certified 5. No landscape area shall allow ponding of w prevent ponding, catch basins and area drai adjacent to structures and hardscape ar basins/inlets shall be installed as neces B. Finished Grading. Unless otherwise slope away from the perimeter of the b three feet. This requirement shall also app to the structure. 1. The discharge from any erosion of the adjacent g sized aprons of rock, gro designed based upon flow v create other . problems II be ins 'thin five feet provide adequate feet of any structure. To in all landscaped areas e structures. Catch ge. ved by the at a all in, ditch or p ocities sh ox -type shall rip ties an in 2. Surface struct 3. Ro struct sanitary out the Engineer, fini ,c.. grading shall f two percent fo minimum of rk and landscaped areas adjacent all be controlled so as to prevent the reduced by means of adequately gy dissipaters. Sizing shall be aced in a manner so as not to reenBook Standards. not be of an ap shall be d areas, ter downsp d to la rs across a '•t or parcel within three feet of a ed drainage structure. charged a minimum of three feet beyond the e applicable. Roof gutters shall not be tied into PAVEMENT A D BASE STANDARDS pavement and base standards shall be adhered to and shall be ook and City standards. Refer to the City's Paving Notes e following accordance endix G). �uirements. r road cons C base ,alt Co e coat, tack coat and seal coat shall meet the current standards of the ion, the GreenBook and/or as approved by the City Engineer. . Asphalt concrete materials shall conform to Section 203-6, "Asphalt e GreenBook and asphalt concrete shall be Type B -PG 70-10 for the and Type C2 PG 70-10 for finish and overlay courses. Note: T. prevent or minimize shoving (which is a type of asphalt concrete pavement failure), the City reserves the right to require a modified asphalt concrete mix design with properties that provide high stability (i.e., the ability to resist shoving and rutting, angular aggregate particles with a rough surface texture, etc.) in compliance with the GreenBook and/or Caltrans specifications. 2. Aggregate Base. Compacted base material shall be crushed aggregate base or crushed miscellaneous base per City standards, the GreenBook and as directed by the City Engineer. Principal and Urban arterial roads require crush aggregate base. B. Cost Estimates. Asphalt concrete is classified as a secondary drainage device when used for roadway and parking lot surfacing and other similar uses. Accordingly, the cost of all 15-7 paving, with the exception of single-family driveways, shall be included in the engineer's cost estimate. C. Subgrade Compaction. Subgrade soils material shall be compacted to a minimum of 95% compaction and shall comply with the soils engineer's recommendation. D. Soil Sterilization. Unless otherwise approved by the City Engineer, base grade soils material shall be sterilized to preclude plant growth. E. Pavement Structural Section. The project's geotechnical e civil engineer shall recommend a pavement structural roads and public/private streets for all developments, ba 15-9 RETAINING WALLS & STRUCTURES A retaining wall is designed to resist lateral compliance with the California Building Code a retaining walls and structures are permitted Safety. However, any proposed retaining plan, with proper elevations, to identify sats Refer to the following: 15- er, soil engineer or design (s) for parking lots/service current City standards. and/or fluid eptable engineers ately through the Dep nd/or struct re must be sh draina•, ading, elevatio sures (surcharge) in ctices. In the City, nt of Building & n the grading tbacks, etc. A. Cross -Sectional Views. Sai• views of ret and/or grading plans. B. Building Permit Authority. are to be constructed and ins grade approval. 4 • tempora plans. C. Buildin approv prior to afety Re the Depart I of the RIVEWAYS CE . All re of Buildi tion and d/or gr shall be shown on construction Tans shall indicate which walls a building permit after rough hown on construction/grading g walls and structures shall be reviewed and Safety, and shall be ready for permit issuance ading plan. All propo sting manufactured slopes (as identified in Figure his chapter) require a slope stability report. INTS poi stan drivewa eways and/or s or approach all meet req and as ss ss poi ay be defined as private ways for vehicles to enter, exit, or from a private property to a public street. Driveways and access design, sight distance and placement criteria, in accordance with City ved by the City Engineer. It shall be unlawful to construct any new r to alter an existing one, which does not conform to City standards. Refer to thbelow: A. Design to E. y Standards. All driveway approaches and driveways shall be designed in accordance with current City standards. B. Driveway Slopes. All private driveways in excess of two percent shall be designed in accordance with Public Works and Fire Department standards. C. Secondary Driveway Access. All requests for a permanent secondary driveway access are subject to approval by the City Engineer and must meet the following criteria: 1. Property is one-half (1/2) acre (i.e., net) or larger. 2. Property has a minimum frontage of 100 feet. 15-8 3. The existing & proposed driveway centerlines are a minimum distance of 50 feet apart. 4. The proposed access is not an identified Circulation Element street. 5. The proposed access is a minimum of 250 feet away from any Circulation Element intersections. 6. The proposed access shall have adequate sight distance based on prevailing vehicular speed on the roadway. 7. The average daily traffic on the roadway must not exceed 5,000 vehicles per day. D. Compliance with Fire Codes. Driveways and access California Fire Code Chapter 5 and 14 (identified in Ap Code, Section 15.16.020. E. Temporary Access. In cases where a temporary building permit, the permanent access point certificate of occupancy. 15-11 HILLSIDE DEVELOPMENT Hillside development shall comply with Sect shall go through a process to permit orderly d Districts. The permit process ens res that projec aimed at protecting the public safety and following requirements below: A. Hillside Development Plan. the Planning Commission, prior B. Submittal Pa items in a 1. A to sho interva to the phic map ( a scale exce ope a es: 0- 3. An un 4. Any other . A rock blasti The grading p Delineate dfor c. Del - ate ubmittal s listed ared by a mailer tha pp ccep epare rade, 16-20% g -de, 21-25% grade. plan. is deemed appropriate. s is II be comp llside shall comply with the Q) and as amended in the ved prior to issuance of a rior to issuance of a Temecula Mun 'al Code and property within Hillside Residential with hillside development standards of the general public. Refer to the ment plan must be approved by plan submittal package. shall in . t=, but not be limited to, the following pter 6, Section 6-2 B: nsed land surveyor or a registered civil engineer) e inch equals 200 feet (1":200') with contour ered civil engineer) showing the following slope rading ermit, if previously approved in the Hillside Development plan. content shall also include the following requirements: label all existing peaks, ridge lines, hillsides and other significant cluding rock outcroppings. and label all areas within 200 feet of a peak or ridge line. and label all existing and proposed facilities impacted by grading. C. Other Requirements. In order to protect, preserve, enhance and promote the public health, safety and welfare and specifically protect the public and property from hazards, the following requirements shall be met: 1. Areas situated within 200 feet of a peak or ridgeline shall not be disturbed. 2. Natural slopes having a grade of 25% or greater shall not be disturbed. 3. The horizontal distance between a natural or graded slope to any proposed or existing structure shall not be less than 20 feet. 15-9 4. The vertical distance of a graded slope shall not exceed 15 feet from the toe to top of slope, unless a five foot bench is placed between two graded slopes. The maximum height of a graded slope, including required benching, shall not exceed 30 feet. 5. The use of a rock blasting permit shall be strongly discouraged. 6. Site disturbance and grading shall be kept to a minimum. 15-10 Chapter 16 — NOT USED 16 This page is intentionajblank. 16-1 Chapter 17 — NOT USED 17 This page is intentionaU t blank. 17-1 Chapter 18 — EROSION AND SEDIMENT CONTROL 18 At the start of construction activity, it is imperative that effective ero be established to mitigate (or eliminate) pollutants from dischar storm drain conveyance systems. Erosion and sediment control Pollutant Discharge Elimination System (NPDES) regulatio (MS4) permit as well as City and engineering standards osi general storm water quality management. ure icipal Se on preven d sediment control measures onto public streets and/or I comply with the National Storm Sewer System ediment control and This chapter identifies construction runoff complian Management Practices (BPMs) for work in private d construction inactivity and other NPDES requirements. Title 18, Chapter 18.18 "Erosion an. Sediment C osion and s ment 18-1 CONSTRUCTION RUNOFF A. NPDES Requlations/MS4 Pe CE e etc.) shall be covered under the Board (SWRC require appl througho Quality preventi cause a vio i • • .1 wate site on a of Board is asures/r (or pplica roject si ess pro ular/rou the MS ments on ollu in the City sh . Standard Cit ncroachment r struction, Gr 'ts, local req t Contr ment control -r res and Best lic rights-of-wa also covers Temecula Municipal Code, uction (including land clearing, tate Water Resources Control more of soil. These regulations lementatio of pollution prevention measures asis. In addition, the San Diego Regional Water to permit, which establishes and places pollution lopments so that discharged pollutants do not edance) of water quality standards/objectives reduced to the Maximum Extent Practicable omply with the NPDES regulations/MS4 permit, as ulafor Construction Activities. Construction, grading and d proje s shall comply with this Manual, the Code, the City's current g and Encroachment Ordinance, all applicable City ordinances, ents and standard notes (Grading, Paving, General and Erosion and all times. 18-2 EROSION DIMENT CONTROL All private and public storm water conveyance systems, sidewalks, public rights -of -ways, etc. shall be protected from pollutant discharges and maintained in a neat and clean condition free of sediment, construction material, waste, miscellaneous debris and deteriorated erosion and sediment controls. A. Erosion and Sediment Control. 1. Erosion Control. Erosion control is stabilization that protects soil (anything that keeps soil in place); it is a source control practice that prevents or mitigates soil from washing/blowing away by natural causes (rainfall, wind, gravity, etc.). 18-1 2. Sediment Control. Sediment control is any practice (or means) that captures soil after it has been displaced; it relies on filtering and/or settling the soil out of its transportation means. B. Erosion and Sediment Control Measures/Standards. 1. Erosion and Sediment Control Measures. Proper erosion and sediment control (ESC) measures shall be designed and implemented to manage storm water and non -storm water discharges from the site at all times in accordance with this Manual, the Code and all state and federal requirements. 2. Erosion and Sediment Control Standards. California - water Quality Association (CASQA) is a task force - a group of local professio = ,;G ernments, businesses, other organizations, etc.) interested in water quality = ent that includes designing, funding, implementing and evaluating :y -, programs. For ESC measures/standards, CASQA's California to ater uction BMP Handbook shall be referenced to and utilized in ide• g functional .. .ractical erosion and sediment control measures/standards f. ning and design City of Temecula. The following website may = used for downlinformation: www.cabmphandbooks.com. The .00k is str ctured aroun. , State Water Resources Control Board's (SWRC eral Per C. Erosion and Sediment Control Plan. Per part of the grading submi Engineer for review and app grading activities (on private and/or public roadways. 1. Content of an sion and S ckage, an plan shal -te and p -1 C of Chapter 6 of this Manual, as Ian is typically submitted to the City ize the deposition of sediment from treets, etc.) to adjacent properties a standar one inc appli myl., follow a. Exists off to tandard e erosion ( D size) et (1"=1 s (Appe sediment existing e bold lines); of existing sensitive areas (wetlands, creeks, etc.); Loc Exact including protect a sediment " rosion The SC plan shall be submitted on for r- t shall have a maximum scale of d shall incluse the City's standard title block and F). All final drawing sheets shall be submitted on rol plan shall include, but not be limited to, the (with contour intervals), drainage areas and shall be shown as faded dash lines; proposed ment ocation of all erosion and sediment control BMP measures cing, a ment, typical details, slope protection and other measures to isturbed portions of the property and adjacent properties from deposition, if applicable, in accordance with Section 18.18.040 Sediment Control Systems" of the Code; on each ESC measure (typical details, specifications, cross-sections, establishment specification, quantities, etc.); v e. Acce s to all erosion and sediment control facilities; and how the access shall be maintained during inclement weather; Access/entrance(s) to the site shall be shown. The responsibility for field design to meet site conditions and maintenance of the site entrances shall be the responsibility of the property owner/contractor. If there is any dirt or mud tracking onto the streets, the contractor shall be responsible for the cleaning of this condition. BMP measures associated with faces of cut/fill slopes to control erosion and provide stability, if applicable; h. Erosion and sediment control standard notes and applicable standards; f. g. 18-2 i. Name, address and signature of the civil engineer or other legally responsible person, who prepared the plan; Waste Discharge Identification (WDID) Number issued by the State Water Resource Control Board (SWRCB), the Risk Level Determination Number and the qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), if applicable; k. Gross vs. net (disturbed) acreage; and I. Legend showing symbols, descriptions and BMP quantities associated with each BMP. J• 2. Approved Erosion and Sediment Control Plans. A cop sediment control plans shall be maintained and ma times. A working set of approved plans shall be r updated to ensure effective erosion and sedime project. The City reserves the right to require u• < -s -s, d to the plans. • e approved erosion and able at the work site at all and frequently modified and oughout the duration of the s and other modifications D. Drainage/Watercourses. The erosion account existing and proposed drain include, but not be limited to, directi Watercourse protection shall include, bu times; this protection shall be conducted aft work in the channel has bee -,stained. diment control pro tterns during all gradin inage aw om the edge o, stabilization of shall take into ses and shall of slopes. annels at all E. Erosion and Sediment Co continual maintenance of the entire duration of the construc maintained in s. - •ry conditi installation a ( 1.1ent of erosion. regulatory agency(ies) approval for tenance. osion ermittee shall be responsible for diment control measures for the hall remain in place and be are permanently stabilized by or are otherwise protected from activit Necess water cre erosion and ecautions haz be taken ition; g, mulc event trespassing onto areas where impounded r signage shall be posted. At all times, the e evaluated, revised and repaired, as needed, truction materials/waste, debris and deteriorated that If, at any ti project site du- ading permit, tenance." T edinco p of sedime ontrol devices. e Ci nmai 18-3 BEST M ineer determines that emergency work is necessary on the d erosion and sediment control systems, he may revoke the spec' i -d in Section 18.18.080 "Erosion and Sediment Control aintenance of all erosion and sediment control systems shall be ce with this Manual, the Code and all state and federal requirements. T PRACTICES A. Best Man ment Practices (BPM). BMPs are management practices and operating procedures/devices executed to prevent or reduce pollutant discharges into public or private storm water conveyance systems. BMPs can significantly reduce pollutant discharges from construction sites if properly implemented. The permittee shall implement the following BMPs at all construction sites, year round, and throughout the entire duration of each project: 1. Combination of erosion and sediment control measures to include, but not be limited to, the protection of: all storm drain conveyance systems (to prevent sedimentation from entering local waterways) and all stockpiles and construction materials. Note that effective ESC measures shall be implemented within seven working days of clearing a site or of inactivity in construction. ] 8-3 2. Proper sequencing of construction activities (minimize grading operations in raining season, implement BMPs taking local weather into account, etc.). 3. Slope stabilization to include, but not be limited to, the implementation of soil stabilization measures such as landscaping, mulching, soil binders, hydro -seeding, timely re -vegetation, geotextiles and mats, etc. 4. Retention and proper management of sediment and other construction pollutants onsite (minimize tracking of dirt, mud, etc. onto streets; provide sediment basins/traps, fiber rolls, gravel bag berms as necessary, etc.). 5. Preservation of natural hydrologic features, riparian buffer corridors. 6. Maintenance of all source/treatment control BMPs at 7. Additional supply of erosion and sediment control necessary, due to forecast rains and/or incleme 8. Good site management housekeeping practi a. b. c. d. e. f. 9. Provide functional concrete washout Perform consistent trash removal Clean up contaminated spills ac;- t• :tely; Maintain construction equipment ►i, 'nal; Manage dumpsters satisfactorily; Conduct site inspect' a regular ba Address deficiencies dI i— s include, s. onsite for immediate use, if of limited to: roper waste disposal •ds, manage nts accordingly, etc. B. BMP - Erosion Control. The f part of the constr . " i work: 1 Erosion includ - woo• she disturb shall no ntrol s. Tem ited to: pinned I) and/or p sure ures may be implemented as d/or pe ent erosion control devices shall ng and establishing vegetative cover; applying kets (straw, coconut or other); placing plastic ropylene mats; applying spray -on controls to all approved by the City Engineer. Jute netting erosion control. bon product rates for s s greater than . , provide a combination of fiber rolls and either a roduct applied at a rate of 35001b/acre or a stabilized fiber matrix e of 10 gallons/acre. The City may approve different application less 4:1. . Dust Contro . water trucks o an Public ring th- grading (clearing, moving soil, etc.) and construction phases, uivalent shall be used to prevent dust from leaving the site. rovements. All site areas and public improvements (streets, curb and s, parkways, etc.) shall be kept clear and clean of dust, debris and es. The flushing or washing of dirt and debris into storm drain systems is tra prohi 5. Temporary Site Vegetation. For erosion control purposes, all disturbed areas (after clearing the site) require enhanced erosion controls such as temporary site vegetation. The application of said vegetative coverage on all disturbed areas shall be in accordance with this Manual and the Code, unless otherwise approved by the City Engineer. Refer to Section 18.18.100 D of the Code. Areas requiring vegetative coverage may also require the installation of an adequate sprinkler system in order to establish vegetation of the disturbed areas prior to release of securities associated with the grading permit. Vegetation shall consist of drought tolerant, self -germinating ground cover in order to protect the disturbed areas from erosion and instability. 18-4 C. BMP - Sediment Control. The following sediment control measures may be implemented as part of the construction work: 1. Sediment Control Devices. Temporary and/or permanent sediment control devices shall include, but are not limited to: desilting basins (designed according to the method provided in CASQA's Construction BMP Handbook), graded berms, fiber rolls, silt fences, gravel bag chevrons (filled with a minimum of % inch gravel), check dams, drainage inlet protection, etc. Fiber rolls shall be installed in 15 feet increments measured along on the face of the slope. Silt fence sh- be installed along interior streets and combined with gravel bags or silt fence the inside the sidewalk right- of-way or back of curbs. 2. Routine Street Sweeping. Routine street sweep' areas, construction exits, during hauling opera other location where tracking is observed. V c sweeping becomes ineffective. Controlle the application of asphalt seal coats protected. 18-4 CONSTRUCTION INACTIVITY 18 - A. Inactive Areas of Construction. Inact construction activity that ar: i of active an scheduled to be re-disturbe seven days per the City E required: 1. The engineer of record o notification = - that co associat- <` i= ^roved gr 2. The • T4, -hall vali and program 3. The e • repa disturbe er of rec implement er of r rolonged du r to a y sweep t washing sh when all perti be performed on all paved aul route streets and any all be used when street ly be allowed prior to rainage inlets are of construction means areas of that have been active and are not . A prolonged duration is defined as coming inactive, the following is rmitte cti ity DDITIONAL SR ishment equirements. Code, the ements in g one a sto com an; sible for submitting written ease prior to completing the work or revise the erosion and sediment control plan d on the current site conditions; and JREMENTS 0 submit a BMP implementation plan (for all mpliance throughout the expected period of vegetative coverage as the primary erosion orda with Section 18.18.140 "Additional NPDES Requirements" of e Water Resource Control Board has outlined waste discharge Construction General Permit for projects disturbing, exposing and or more of soil, or disturbing less than one acre but are part of a larger elopment or sale of one or more acres of disturbed land. Prior to iss nce of a grading permit for sites meeting these criteria, each applicant shall provide proof of coverage in the form of an active Water Discharge Identification number and risk level determination to the City Engineer. The San Diego Regional Water Quality Control Board requires that the following documents be maintained up-to-date at the construction site throughout the project duration: 1. Storm Water Pollution Prevention Plan (SWPPP) 2. Rain Event Action Plans 3. Construction Site Monitoring Program Plan 4. City approved Erosion and Sediment Control Plan 18-5 B. Resources. The Construction General Permit, fees, Storm Water Pollution Prevention Plan requirements and permit registration document requirements can be downloaded at: www.waterboards.ca.qov/water issues/proqrams/stormwater/construction The SWPPP guidelines can be downloaded at: www.cabmphandbooks.com. 18-6 Chapter 19 — NOT USED 19 This page is intentionaJblank. 19-1 Chapter 20 — NOT USED 20 This page is intentions blank. Chapter 21 - INSPECTIONS 21 Inspections ensure that construction conforms to approved project City and engineering standards. They are typically performed fo forms for concrete work, drainage structures, paving operatio public rights-of-way improvements. This chapter descri inspections, which include, but are not limited to: grading, Pollutant Discharge Elimination System (NPDES)/Wat wet/dry utilities, driveways, paving and final inspecti Title 18, Chapter 18.21 "Inspections for Work." 21-1 GENERAL REQUIREMENTS In order to comply with inspectio A. General. Construction or wor by the City Engineer and such c inspection purpos ntil approv the removal or =<< =+_ - t of any B. Inspectio onsite inspectio subsequent, overage. opment and all be t •in• . Initial Ins •e specifications fans and speci D. w tructio The fo e vaso ete or gunite lity Management efer to the Temecula struction rading an and specifications as well as n operations, placement of onsite development and quired Public Works e devices, National WQMP) facilities, icipal Code, d roachment ents, note ermit is lowing: Manual lic rights - specific quire ed shall be subject to inspection in accessible and exposed for b fable for expenses entailed in w for proper inspection. rs inspections for all City development to include ay improvements. For onsite development, site ding permit, its associated grading plan and For public rights-of-way improvements, site oachment permit and its associated construction to a sp n. Pri • plica: ons are :i[ uti infor associa pproval of any construction and/or grading or building plans and e City Engineer shall inspect the site to determine that the urrent and reflect existing conditions. Work. The permittee is required to notify the City Engineer of any d to be performed on or offsite and within public rights-of-way. This the City Engineer to determine the impacts of said utility work to other o be inspected by the City Engineer. E. Pre -Construction Meeting. Prior to any construction, grading (brushing and/or land clearing) and/or encroachment, there shall be a pre -construction meeting held at a location specified by the City. The permittee, or his agent, shall notify the City at least two working days prior to requesting a pre -construction meeting and shall be responsible for notifying all persons responsible for the construction, grading and/or encroachment related operation. F. Pre -Paving Meeting. Prior to placement of curb and gutter or of pavement base material, there shall be a pre -paving meeting held on the site, as specified by the City. The permittee, or his agent, shall notify the City at least two working days prior to requesting a 21-1 pre -paving meeting and shall be responsible for notifying all persons responsible for the paving related operation. G. Inspection Requests. Prior to scheduling inspections, the work, as shown on the approved plan, must be 100% complete and the site must be ready for inspection. Public Works inspections shall be scheduled by calling the Public Works Inspection Line at (951) 308- 6395. Inspections must be requested by no later than 3:30 pm the day prior to the requested date of inspection. More than one inspection may be requested per call (placing base for the week), but they must be specific and all relevant i formation provided. Typical requests for site inspections include: 1. Rough Grading. Rough grading site inspections shall building permit releases (for private development). 2. Final Grading. Final grading site inspections s occupancy releases (for private development 3. Grading. Grading inspections may includ swales, compaction, etc. 4. Concrete. Concrete inspections ma gutters, driveway approaches, con ducted and cleared, prior to cted and cleared, prior to ation and fill, fill of utility trenches, de ribbon gutters, sidewa = urbs, curb and gunite dr. .e devices, etc. 5. Drainage. Drainage inspections may i drain pipe, other drainage devices, etc. 6. NPDES. NPDES inspe ay include BMP's, etc. 7. Paving. Paving inspection concrete berms, concrete, e ins, catch basins, under sidewalk and sediment control measures, ase, asphalt concrete, asphalt subgra H. Otherinspec any constr that are 21-2 GRADING ity Engi certain rtment o work ed by the horize• ake or require other inspections of ance with provisions of this Code and other laws blic Works. CTIO cove •n as at the • - . _ ; engineer is responsible to approve/certify prior general and rosgh grading inspections that the City shall perform. gineer Oversight. This oversight is required as follows: Gradin chni 1. Canyon acceptable to be approv e Bench a ive fill, ni out. all brush and unsuitable material has been removed and an has b - exposed, but before any fill is placed. Canyon cleanouts are a geotechnical engineer, prior to City inspection. ey. After the natural ground or bedrock is exposed and prepared to g 3. Ove efore fill is placed. The toe bench and key are to be approved by a gineer, prior to City inspection. tion. After the area has been excavated, but before fill is placed. Over- excava is to be approved by a geotechnical engineer, prior to City inspection. The City shall confirm that the geotechnical engineer's oversight was conducted accordingly and in compliance with City and engineering standards. B. General Grading Inspection. The City Engineer shall conduct grading inspections as follows: 1. Excavation. After the fill has started, but before the vertical depth of the excavation exceeds 10 feet; and every 10 foot interval thereafter. 2. Fill. After the fill has started, but before the vertical height of the fill exceeds 10 feet; and every 10 foot interval thereafter. 21.2 21-3 C. Rough Grading Inspection. For onsite development, rough grading inspections shall be performed prior to issuance of building permit. (Refer to Appendix R.) The following items must be presented to the City Engineer at the scheduled inspection: 1. The Pad Elevation Certification (rough grade certification). Refer to Appendix S. a. The engineer of record must submit written certification attesting to precise conformance to line and grade and proper excavation and preparation of all areas ready to receive concrete structures, including all drainage devices, to be built under the grading permit. b. All sub -drains, slope drains, manufactured slop- ms, positive building pad drainage and all retaining walls shall be in pla = • approved as a condition for rough grading approval. 2. The Pad Compaction Certification/Report (final •-chnicIs report). a. The geotechnical engineer shall sub final geotec r,: report (certifying the grading) and successful compaction ults. i. This report shall be prepared type of field testing perfor backfill, (c) summaries of fi comments on any changes mad otechnical engineer an b) suitabilit •f utility trench tests other substanti • k ii. Each field density -st shall be ide test, the test m Materials Standar iii. The geotechnical en for the intended use a may • a series in-place d g. Ily includes: (a) etaining wall ata and (d) a plan. Include the elevation of the American Society for Testing and I be so noted. oved equ b. A e s pro of com er s state 0 e writt g re ring geol ing any ne n reco ritt and sha formation ations inc royal as to the site's adequacy to finish grade. Such approval s of construction. d. If so, th report shall be prepared by the lude: (a) final description of the geology of the site losed during the grading and (b) the effect of rated in the approved grading plan. He shall 's adequacy for the intended use, a statement finish g _ hen required by the City Engineer, shall submit eologic map. plicable, must be submitted, prior to obtaining rough grade Th clear CRETE OR ITE D' INAGE DEVICES INSPECTION Ins public A. Ribb 1. ns for concr -of-way . Sub r gunite drainage devices may occur for both onsite development and ovements. The following inspections are required: for Concrete Swale. After subgrade is prepared and required reinforcement placed; and 2. Concrete. During concrete placement. B. Curb and Gutter. 1. Sub: rade. After subgrade is made, forms in place (i.e., control string or wire for slip form) with required reinforcement and compaction testing complete, compaction report available; and 2. Concrete. During concrete placement. C. Terrace Drains, Down Drains and Brow Ditches. 21-3 21-4 1. Subgrade. After grade is made, but prior to placement of welded wire mesh or reinforcing steel and with Soil Engineer approval; 2. Reinforcement. After thickness control wire and reinforcing steel or welded wire are in place; and 3. Concrete. During concrete or gunite placement. D. Other Drainage Devices. Inspections for other drainage devices require the following: 1. Sub -Drains. a. After excavation but prior to placement of filter mate and filter material shall be on-site for inspection. b. After filter material and sub drain has been pl and verification that geotechnical engineer h 2. Storm Drains, Catch Basin and Inlets. a. All excavation of trenches and trench the conditions of the most current OSHA) Construction Safety Or inclusive. b. All storm drains, catch basins and compliance with Section 306-1.2.1 of c. After placement of record shall provide grade on any storm dr d. After placement of catch of concr precis e. All d pipe. The sub drainpipe prior to covering with backfill vations and locations. g shall be pe is Occupational Sa Article 6; Section1541 ains, but pri ification in d flatter ei in compliance with d Health Act (Cal ection 1541.1, onstructed with proper bedding in rrent GreenBook Standards. covering with backfill, the engineer of g precise conformance to line and o percent grade; ment steel prior to placement written certification indicating res. 3. Earth e enginee e to line drain ering stand a. Prior or to in/inle re eofall d rei • vid tch ba • and inlets shall be constructed per City and as well •plicable RCFC&WCD standards. ding approva . DIMENT it relates to se ing items liste ES MS4 per A. ricated D of combustible materials or lumber drop; and CILITIES INSPECTION con -cilities, the City inspections include, but are not limited to, the ow. No that the applicant is responsible to adhere to and comply with quirements and inspections. es. After excavation of desilting basins, but prior to fill placement, pre - ted B. Fill Plac other non -e • s are to be available onsite for inspection. . After fill placement for desilting basins, but prior to placement of concrete or sive materials. C. Erosion & Sediment Control Measures. Prior to the beginning of any grading operations, all erosion and sediment control measures must be in place and approved by the City. D. Construction Phasing Measures. Every phase of construction shall have appropriate BMPs installed and maintained. 21-5 WET/DRY UTILITY INSPECTION A. Wet Utility Inspection. 21-4 B. 1. Public Rights -of -Way. a. The applicable utility agency shall inspect their facilities to include pipes, structures, cleanouts, etc. b. Public Works shall inspect all trench work (backfilling and compaction) for utilities and structures, etc. 2. Onsite (Private) Development. a. Building & Safety shall inspect utility laterals from the right-of-way to within the building envelope. b. Public Works shall inspect all trench work (backfill d compaction) for utilities and structures, etc. Dry Utility Inspection. 1. Public Rights -of -Way. a. The applicable utility agency shall i structures, vaults, etc. b. Public Works shall inspect all and structures, etc. 2. Onsite (Private) Development. a. For gas and electric, way to within the b inspections (where th location. The applicant clarification. b. For cabl to inc their facilities work (bac filling and com ilding & Safet velope. No ny perfor h Builds c. P lude pipes/conduit, n) for utilities spect utility conduit from the right -of- t there are some exceptions to gas e inspection), depending on meter Safety and the gas company for FIOS, e duit, str orks sh. ructures, et aults, etc. agency shall inspect their facilities spect a -nch work (backfilling and compaction) for utilities C. Notificatio ating t on a • e shall be responsible for scheduling and ary tas = e that the City is present to perform the proper d utility installatio s. RIVEWAY I e following shall "veway Appr ay approac engine dhere• or driveway approach and driveway inspections: C B. Onsite Inspection in Public Rights -of -Way. The City shall inspect all within public rights-of-way to ensure compliance with approved plans, standards. Inspection. Onsite driveway inspections shall be required as follows: 1. Subgra• -. After subgrade is prepared and required reinforcement is placed; 2. Utility Placement. During utility conduit/structure placement for verification of trench backfilling and compaction. 3. Concrete. After placement of forms and required reinforcement is placed; and during concrete placement. C. Notification of Utility Work. The permittee shall be responsible for scheduling and coordinating necessary tasks to ensure that the City is present to perform inspections on all noted utility installations, as they relate to driveways and driveway approaches. 21-5 21-7 PAVING INSPECTION For both private and public rights-of-way improvements, paving inspections shall be required as follows: A. Approved Street Plans. Prior to any paving inspection, the soils engineer shall supply the City with an approved street section and certification of base material to be used. B. Subqrade. Inspection is required after subgrade has been established, tested and approved by the geotechnical engineer or his qualified representative. He shall leave a field memo of the compaction test results onsite. The engineer cord shall provide written certification indicating precise conformance to line and gra C. Base. Inspection is required after base course has -> , lr- ed, tested and approved by the geotechnical engineer or his qualified repre -,s,= ve, •rior to soil sterilizer and asphalt placement. He shall leave a field me - o - to provi ompaction test results. Material delivery tickets shall be required. -ngineer of re shall provide written certification indicating precise conformance and grade. D. Utility Agency Clearance Required. and prior to paving certification, clearanc submitted to the project inspector. E. Asphalt Concrete. 1. 2. Continuous inspection. specifications), continuous retained by the owner or ge D Material deli Water T- r- to rev: =i tick 21-8 FINAL INSP ets shall pplicati es and fter place y irregu II be requir ec nical qui completion rs fro t placeme be pro of ljt he curb and g fected utility co provements nies shall be verify compliance with plans and by an approved testing agency, or its qualified representative. al coat, th- saved surface shall be water tested be patched, where required. Material delivery t of seal coat. ons s -que inage stru equired reports. 'shed site differs 'nal Ins sectio rmed prior ring sta to t e pres equired for . site and public rights-of-way improvements. The al inspection upon completion of all work, including installation of all r protective devices, submittal of all utility/agency approvals and may be required if, in the opinion of the City Engineer, the the approved grading plan. anc Release. For onsite development, final inspections are occupancy to ensure compliance with approved plans, City and s. Refer to Appendix T for guidelines. The following items must be Engineer, upon arrival to the scheduled inspection: gineering certification of each lot (certs for swales, pad elevations, etc.). an• as -b ifican Occu 1. For 2. For all +n -residential projects, engineering certification for each lot (certs for WQMP compliance, installation of required WQMP systems/BMP's, swales, pad elevations, etc.) 3. For custom single family and non-residential projects, pad compaction certification/final soils report. 4. If applicable and requested by the City Engineer, a record drawing shall be submitted. It shall be submitted electronically (prepared on a compact disc) and in mylar form, and shall be signed and dated by the engineer of record. The drawing shall include original and as -graded ground surface elevation, pad elevation, slope ratios, elevations and 21-6 locations of all surface and subsurface fills, sub -drains and general location and depth of all areas of removal of unsuitable soil. 5. If applicable, supplemental soils and geologic reports for all work done subsequent to rough grade approval. These reports, if applicable, must be submitted to the City Engineer prior to occupancy clearances. Note: It is the responsibility of the permittee to obtain clearances from RCWD and EMWD. Proof of such clearances shall be provided to the •;;, prior to obtaining Public Works' clearance to allow for issuance of a Certificate of 0 = cy. 21-7 Chapter 22 — NOT USED 22 This page is intentionaJf blank. Chapter 23 — NOT USED 23 This page is intentiona blank. 23-1 Chapter 24 — FEES AND SECURITIES 24 The posting of securities for construction, grading and encroachm that the work, if not completed in accordance with the approved deficiency or hazard created by the work or its lack of maint required fees associated with construction (plan checking and securities (surety bond, cash deposit, letter of credi onsite and public rights-of-way improvements. Refer Chapter 18.24 "Fees and Securities." 24-1 PLAN CHECKING All plan checking fees for const tion, grading a shall be in conformance with the urrent Fee shall be collected prior to accep ittal of a documentation for review. A. Plan Checking Fees. Plan c limited to: . This it, inspectio combination ther Temecula Munici work is required to ensure corrected to eliminate any er describes the various Is report review, etc.) sociated with both ode, Title 18, 1. Onsite 2. impro Pub 3. En roachment related work for each site ule, established by resolution(s), and ion, plans and required supporting ..[(_ • Cleari r activities including, but not ading, sub: 'vision precise grading, onsite ts, etc. hts-of-Wa rovement site improvements, traffic control plans, etc. mergen e sis, Water Qu Expired Appl he plan checki lication shall expiration, t rrent pl ci documents, final map checking, Federal hydrology studies, geotechnical/soils reports, anagement Plans, etc. . Modifications/plan revisions, 4th and subsequent reviews, etc. ons. - _ ng and encroachment permit applications, which commenced m be a 18.12.1 the Code. tage, which no permit is issued within 180 days of the date of onsidered "expired" applications. In order to renew the application pplicant shall resubmit the grading submittal package and pay the eck fees. The fee for renewing an expired application submittal shall the City's current Fee Schedule and in Sections 18.06.140 and ation and Renewal of Grading/Encroachment Application Submittals" of C. Plan Checking Fee Refunds. After submittal and commencement of processing by the City, no plan checking fee collected, pursuant to this Manual and this Code, shall be refunded in whole or in part. Refer to Section 18.24.080 "Refunds" of the Code. 24-2 PERMITS A. Permit Fees. Grading, haul route and encroachment permit fees for each project site shall be paid to the City Engineer in conformance with the City's current Fee Schedule, established by resolution(s), and shall be collected prior to issuance of permit. 24-1 24-3 B. Expiration and Renewal of Permits. Expiration and renewal of issued permits shall be in conformance with Sections 18.06.160 and 18.12.120 "Expiration and Renewal of Issued Grading/Encroachment Permits" of the Code. A permit shall be valid for 180 days from the date of issuance. If a permit expires and the work is not complete, the applicant shall apply for a permit extension. Plan check fees covering initial submittals shall be forfeited for all expired permits. All permit extensions shall be subject to a "Permit Issuance Fee" and additional fees (as described in section C below) in accordance with the City's current Fee Schedule. C. Permit Extension Fees. As a condition of the permit ext Engineer may require the payment of additional per soils review fees required: (1) to cover the administr costs to the City and (2) to bring the project into co t. a at the time of extension. Said fee shall be pal, . e C established resolution(s) and the City's curr - - Sche to issuance of permit extensions. of any time period, the City checking, inspection and/or extensions and/or increased nce " -ny fee schedule in effect ity E --r in conformance with dule, an• -II be collected prior D. Additional Work. The fee for additio by using the City's current Construction City's current Fee Schedule. The fee for additional wor permit) and the fee calculat allowance for refunds (due to E. Failure to Pay F work shall b: Encroach Section In accor Administrati rdinan . 140 "Perm ork under ty Wo the differe tire proje costs, ailure to violatio xcept a f the Co suc dditi Payment of this Manu fee • this ECTIONS A. as and s ction Fees d in co e Manu rmined by sting permit is (cost estimate e computed rms) and the etween the fee paid (for the original r the current Fee Schedule). No hall be permitted. rmit before commencement of the Construction, Grading and the City Engineer in accordance with and C. rnia Building Code, Chapter 1 "Scope and b ction 109.4 "Work commencing before permit tion shall • - -ct to an assessment of double permit fees that the required permit fees for work done prior to permit issuance. not relieve any person from fully complying with the requirements pection fees required for work covered by pending permits shall be nce with the City's current Fee Schedule, established by resolution(s), prior to issuance of permit. Inspection shall be paid for activities including, but not be limited to: clearing, grading, onsite/offsite improvements and Water Quality Management Plans in accordance with the City's current Fee Schedule. B. Potential "Hourly Rate" Fees. For projects where the actual inspection time exceeds the originally calculated (and paid) inspection time due to unforeseen project site conditions and/or excessive duration of project beyond the reasonably anticipated project duration, the City Engineer may seek additional fees to recover the costs associated with providing additional inspection services by charging hourly rates. Said hourly rates shall be based on the staff member(s) performing the work. The recovered costs shall be the difference between the original inspection fee paid and the inspection costs calculated for the actual 24-2 time spent by inspector(s) based on applicable hourly rates. Said fee shall be paid to the City Engineer in conformance with established resolution(s) and the City's current Fee Schedule. C. Fees for Premature Inspection Requests. At times, inspection requests are processed prior to the job being ready for such an inspection. When any premature inspection is requested due to the negligence of the permittee, his agent or other responsible persons or due to failure of said persons to comply with previous correction instructions and processed, D. a fee shall be collected to recover City costs. Said fee for eac request shall be paid to the City Engineer in conformance wi the City's current Fee Schedule, and shall be collecte inspections on the project. This subsection is not to be interpreted as requirin rejected for failure to comply with the require practice of calling for inspection before the jo Inspection Fee Refunds. After sub no fee collected, pursuant to this Man part, except: 1. A portion of the inspection fees may be work authorized by the application has expired o fees shall be the total am overhead charge). However, no ref Code. Ir lc such premature inspection ablished resolution(s) and to conducting any further spe• ees the first time a job is is of this - but as to control the ady for such in on. nd comme d this C upon the ap withdrawn. ity exp 24-4 REVIEW 0 cement of pro hall be refund g by the City, whole or in at any time prior to the start of the s written request, provided the permit refundable portion of the inspection incurred (including a reasonable all be ma Se tion 18.24.080 "Refunds" of the OTECHNI LREPO' EE Before accep review fee. Sal re geote Is) repo and review, the City Engineer shall collect a report y Engineer in conformance with established current - = -dule, and shall be collected prior to accepting eparate fee will •e charged for each individual report submitted for 24-5 CURITIES A agre sedim engineers it shall not t with the ntrol n sued until the permittee first posts a security and enters into an to ensure that the work (to include grading, drainage, erosion and res, etc.) is performed timely and in accordance with all City and , this Code and all state and federal regulations. The posting o e security shall be as specified per the Temecula Municipal Code, Title 18 and/or as directed by the City Engineer. The permittee shall be required under the terms of said agreement to furnish a corporate surety bond for the faithful performance of the agreement. The purpose of the security is to ensure that the work, if not completed satisfactorily, will be completed and/or corrected to eliminate any deficiencies created by the work. Refer to the following: A. Security for Commercial/Industrial/Residential Subdivisions Involving Public Rights - of -Way Improvements. 1. Total Security Amount. The security/deposit amount shall be: a. 150% of the cost of the public rights-of-way improvements and 24-3 b. 100% of the cost to set monumentation. 2. Security Options. Security shall be submitted in the form of a bond, cash/certificate of deposit or a letter of credit. These improvement securities are required by the Subdivision Laws and approved by the City Attorney; and they secure the Subdivision Improvement Agreement as well as the Subdivision Monument Agreement. By executing the Subdivision Improvement Agreement, the developer agrees to install and complete, at his expense, all public improvements required by the City in connection with the proposed project. In addition to submitting said agreement, refer to the following security options/requirements below: a. If securing with bonds, submit: i. Faithful Performance Bond. To ensure fait said improvements, this bond amount sh improvements. ii. Labor and Materials Bond. To subcontractor, persons renting required improvements purs 50% of the estimated cost b. ormance of the agreement to of the estimated cost of the secure pa ent or furnishing the agreement, this mprovemen iii. Subdivision Monument Bo app monumentation pursuant to the the estimated cost • set monumen iv. Subdivision Mon the developer agr required by the City Note: Securing public option; - • pendi reement, if nd com 'th the If se ii. Ce Sub d. If securin i. Letter Mo submit: sit Agree sit Agreem p ca to any contractor, materials for the mount shall be . To ensure - setting of is bond amount shall be 100% of able. By executing this agreement, t his expense, all monumentation ed project. is the most commonly used ment and bond forms. for Street Improvements; and or Monumentation and Subdivision Monument certifica sit, submit: Deposit; Certificate of Deposit Agreement for Street Improvements; to o - •sit; Certificate of Deposit Agreement for Monumentation and on Mo ent Agreement, if applicable. h a letter of credit, submit: redit (for Street Improvements and Monumentation) and Subdivision t Agreement, if applicable. B. Security c ommercial/lndustrial Projects - Private Development. 1. Total Security Amount. The security deposit amount shall be: 20%* of the cost of the earthwork volume, (the greater of cut or fill, at the designated cost per cubic yard) plus $2.00 per cubic yard for each cubic yard in excess of 1,000; plus 50%* of the cost of the private drainage improvements (non -City maintained); plus 100% of the total estimated cost of the erosion and sediment control system (including pre and post WQMP facilities). 24-4 * Note that the security deposit amount may also be increased by the City Engineer up to: (1) 100% (vs. 20%) of the cost of the total earthwork volume; and (2) 100% (vs. 50%) of the onsite private drainage improvements, if the potential hazards or the nature of the project, in the opinion of the City Engineer, justifies such an increased amount. 2. Security Deposit in Cash. Of the total security amount, the City Engineer will require a portion of it to be in cash to satisfy the cost of correcting any deficiency or hazard created by the work or in violation of the conditions of the permit or the Code. The cash deposit requirement is as follows: a. Minimum. $5,000 or 50% of the total estimated c control system, whichever is greater. (Note: At if the project site is complex in nature or a hi stream, etc., the minimum shall not be appli b. Maximum. $50,000 3. Remaining Security. The remaining sec bond or a letter of credit. The "Grading and Erosion & Sedi the developer agrees to perform ce the grading permit in connection with t agreement, refer to the following security a. If securing with bon it: i. Grading and Eros and labor & materi control work prior to i & m- . , .t esponsibi I"/ - c 'stimate 0 b. If ures. . Securing • refer to o co nce o p the erosion and sediment scretion of the City Engineer, ch as adjacent to a blue line ount shall be s Control" Ag improve po nt Contr cost of ted in the form of a ement is an a• = _ i ent whereby within the City =‘: described in oject. In addition to submitting this low. ate deve endix V fo ecurin am If so,cich dis Note: For s •nvo/ve both Il be awa ca onal rovemen the gra d. This secures the performance rading and erosion & sediment faithful performance and labor eement, the bond amount shall be and erosion & sediment control ent with bonds is the most commonly used licable agreement and bond forms. ter of credit is another acceptable method of ection with the proposed project. of the City Engineer, the developer may also post the full bond rovide certificates of deposit in lieu of the noted securities above. eposit/certificate of deposit agreements will be required. com ercial and industrial projects, the project specifics may ate development as well as public improvements. The applicant at securities noted in both Sections 24-5 A and B may apply. C. Secur e Family Residences — Private Development. 1. Total •rity Amount. The security amount is based on 100% of the total estimated cost of the erosion and sediment control system. Note that the security amount may be increased by the City Engineer up to 125% of the costs of the erosion and sediment control system or may include the earthwork and drainage costs mentioned in section B above, if the potential hazards or the nature of the project, in the opinion of the City Engineer, justifies such an increased amount. 2. Security Deposit in Cash. Of the total security amount, the City Engineer will require a portion of it to be in cash: a. Minimum. $3,000; (Note: At the discretion of the City Engineer, if the project site is complex in nature or a high risk such as adjacent to a blue line stream, etc., the minimum will not be applicable.) 24-5 b. Maximum. $50,000 3. Remaining Security. The remaining security shall follow Section 24-5 B.3. D. Cash Deposits. Cash deposits do not release the obligation of the applicant or the surety to satisfy the cost of correcting the deficiency or hazard or injury created by the work. If the amount of the cash deposit is insufficient to satisfy said costs of the work performed by the City, the City Engineer may invoice the applicant in accordance with Section 18.24.120, "Cost Recovery Fees" of the Code. If the applicant fails to pay such amount within five days f restore the cash deposit to its original amount, the City E such fees and deposits are paid. Any unused portion to the applicant upon final completion of the work to E. Term. The term of each security deposit shall remain in effect until the completion of the wor F. Forms. Every security deposit and forms contained in Appendices U and the forms are included in said Appendix, discretion of the City Engineer, as approv responsibility to obtain the c •t form from G. Substitution of Bonds. The all development. Upon City En filed in lieu of any bond or letter the completion approved se deemed t replace b e date of the invoice and r may revoke the permit until ash deposits will be refunded on of the City Engineer. pon the date satisfaction of th. Engineer. rmit issuance and shall ent shall be made pursu- the standard oved as • I: I by the City A y. Although be modified, as eeded, at the City Attorney. It is the developer's th ngineer for their use and execution. urities (b rk remain acemen rt of an y Clerk, t been ecurity with Property o C' Enginee t ca subs in letter of credit, etc.) is required for bond or letter of credit may be ction if it is suitable to ensure ny security is replaced by another e filed wi ity Clerk and, upon filing, shall be orporated into a new agreement. Upon filing of a rmer security may be released. • Warranty. agreements the work and i nished. If with to fulfill any the defe abo emen a of th 24-6 RELEAS or the City to require bond substitutions. The ting of securities only when new or revised r shall warrant the work performed pursuant to any of the a period of one year after final acceptance by City Council of ainst any defective work or labor done or defective materials e warranty period any work or improvement associated with the project he requirements of the agreements, the developer shall immediately nd repair and/or replace any defective or otherwise unsatisfactory part CURITY The security deposit required by Section 18.24.140 "Securities" of the Code (to guarantee performance of work authorized pursuant to the permit) shall be released upon acceptance of the work by the City Engineer and subject to the following provisions: A. Release of Security for Public Improvements. The security furnished by the subdivider shall be released in whole or in part. Refer to Appendix W for applicable guidelines and procedures. All releases are to be performed pursuant to the Subdivision Map Act, State Government Code and all applicable laws. 24-6 1. Point of Contact. All inquiries regarding the release of bonds shall be processed through the Permits Engineer of the Department of Public Works in the Land Development Division at (951) 506-5190. 2. Release of Security Involving Another Agency. If the performance of the obligation for which the security is required is subject to the approval of another agency, the City Engineer shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If, at the end of that period, it has not registered its satisfaction dissatisfaction, it shall be conclusively deemed that the performance of the obliga ' :s done to its satisfaction. B. Release of Security for Private Development. - security furnished by the developer/applicant shall be released in whole. All r=„ s o be performed pursuant to City policies, procedures and all applicable I. Refe ow for guidelines and procedures. 1. Point of Contact. All inquiries regarding shall be processed through the Division. 2. Full Release. The grading and eros release upon final completion and issu the provisions noted belo • a. The developer/appli for issuance of certifi Line at (951) 308-6395. ease of securities ivate development ent of Public Works, sedi request a fi ancy by n sche i. If the Cit dev s d Development ontrol security is - igible for full ertificate of occupancy, subject to pection for Public Works' clearance g the Public Works Inspection final inspection. 11 release the security to the ty -tain, from the security deposit t sufficien to cover any related costs and (including reasonable attorney fees) incurred by the obligation secured. deems th licant. sh, an ses an sfully enf he wor complete, the developer/applicant shall pay inspection request per City resolution(s). The 'de a pu incomplete items to the developer/applicant. All punchlist items shall be completed to the satisfaction of the City to re -scheduling another site inspection. a City tsta neer 24-7 Chapter25 —NOT USED 25 This page is intention. blank. lO11144 25-1 Chapter 26 — NOT USED 26 This page is intention eft blank. 26-1 Appendix Description Chapter 27 - APPENDICES Appendix A Building Permit Issuance Policy for Lots on Dirt Roads and two associated agreements Refer to Chapter 6 Appendix B Grading Permit Application 6 Appendix C Land Development Submittal Requirements 6, 9, 12 Appendix D Grading Notes 6, 12 Appendix E General Notes 6, 12 Appendix F Erosion & Sediment Control Not 6, 12 Appendix G Paving Notes 6, 12, 15 Appendix H Content of a Grading Plan 6 Appendix I Off -Street Parking -,' , nr: -•ents 6 Appendix J Agreement for Revie . - -ke Fau ng Act 6 Appendix K Seism '• •s Mappin , :ti. = 6 Appendix L ` oute Pe • pplicati. 9 Appendix M oachment it Applicat 12 Appendix N Tra' • • an v.!rcHri: -.. General Notes 12 Append' ent • - onstruction Plan 12 App= , i, P Cali Buil. ode's Appendix J - Grading 12 Appendix Californ re Code Chapters 5 and 14 15 Appendix R Obtaini - blic Works Inspector's Clearance to Allow a Building Permit 21 Appendix S . rd Pad Certification Letter 21 Appendix T Obtaining Public Works Inspector's Clearance to Allow Issuance of a Certificate of Occupancy 21 Appendix U Security Forms for Improvements within Public R/W 24 Appendix V Security Forms for Onsite (Private) Development 24 Appendix W Procedure for Release of Security for Public Improvements 24 27-1 APPENDIX A "BUILDING PERMIT ISSUANCE POLICY LOTS ON DIRT ROADS AND ASSOCIATED AGREEM 27-2 Building Permit Issuance Policy For Lots on Dirt Roads UPDATED MAY 2009 • Temecula Municipal Code Chapter 15.16 requires an all-weather driving surface with a minimum A.C. thickness of 0.25 feet prior to building construction • Dirt roads constitute a hazard to public health and welfare by reducing access by emergency vehicles, increasing their response times, and during periods of inclement weather can prevent their use entirely • Dirt roads require a high degree of maintenance and are subject to erosion and damage during inclement weather • Dirt roads exist within the City, but by issuing additional Building Permits on vacant parcels the situation worsens • City Municipal Code Ordinance has required since 1994 that any second unit requires that paved access be provided • State law required the adoption of the California Fire Code by local governments in 1995. Since then there shall be no deviation from the basic state law minimums which is to provide "All Weather Access" for all new habitable buildings The City has determined that habitable structures having access from dirt roads presents a clear threat to the public health and safety due to a lack of reliable and/or timely access by emergency vehicles. In addition, the Temecula Municipal Code and the California Fire Code requires "All Weather Access" be provided prior to building construction of any structure. Allowing people to build individual dwelling units without making the road improvements as required of subdivision tracts continues to exacerbate this potentially life threatening problem. Once structures are built on these dirt roads, residents are typically hesitant to contribute to paved street improvements citing that they were allowed to build, but not understanding that it is not the City's responsibility to make the road improvements to enhance their property. California Fire Code Chapter 5 also requires an acceptable water source be provided prior to construction. Underground utilities and drainage structures are much more expensive to install after road improvements are made. Although individual water tanks are permitted, they are not always practical and the cost is high and cannot be shared between properties. These other improvements should be considered at the time of road paving to maximize cost effectiveness. G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05- 03-12\2012 Building Permit Issuance Policy For Lots on Dirt Roads rev3.docRProiects420081L-R88-0848-Nicelas Valley--RRA\Nicolas VaNey1Diri-Road-P-olicy\Final-Revised-Dirt4Read-P-0licy-4,0918aiidina-Permit-Issuar+ce-Policy-For-Lots on Dirt-Reads-rev3docR:\LR-Projects12008\LR08-00-18 Nicolas Valley RPA\Nicolas-Valley\Dirt-Road•Policy\Building Kermit-Issuance-Policy--For-Lots-on-Dirt- Roads rev3.doc 1 With the above facts in mind, the following is effective immediately: POLICY: Prior to any Building Permit being issued by the City of Temecula, the applicant will make all required road improvements to provide all weather access both onsite and offsite to the nearest improved, acceptable paved intersection. It is also recommended that the parties consider any needed underground utilities and drainage structures to avoid compounding costs later. This policy applies to all new habitable structures, or major additions which would increase the number of expected occupants (as determined by fixture counts/bedrooms per the Building Official). Exceptions to this are only for (1) non - habitable structures, i.e. barns, out buildings; (2) repairs, remodeling or additions to existing structures not to exceed 25% of the existing square footage of habitable space or 600 square feet, whichever is less; (3) replacement due to damage such as fire or flood, or where the structure is determined uninhabitable by the Building Official; and (4) an existing dwelling unit can be replaced once and built not to exceed 25% of the existing square footage of habitable space or 600 square feet, whichever is Tess. In these cases, the applicant would be required to sign an agreement ("Agreement to Obtain Grading Permit For Lots on Dirt Roads Affecting Real Property") agreeing not to oppose and to participate in any future financing district formed to make the necessary road improvements. The requirements/standards for these improvements are as follows: ONSITE: On-site driveways are to be built to provide all weather access for fire equipment and must support an imposed load of 80,000 pounds GVW. Residential driveways must normally be a minimum of 20' in width. Plans signed by a licensed California Civil engineer verifying these requirements must be submitted. OFFSITE ROADS: Public Roads - Intended for public acceptance: Roads must be built to City of Temecula Public Rural Road Standard No. 104B. This includes a paved street section of 28' in a 60' Right-of-way, with a minimum structural section of 3"AC/6"AB, with actual section determined by a geotechnical report. Private Roads — not offered for acceptance by the City of Temecula: Roads that will not be offered for acceptance by the City of Temecula for purposes of maintenance are required to be a minimum of 28' wide. The road must be built to support an imposed load of 80,000 pounds GVW and designed and certified by a licensed California civil engineer. A road not intended to be accepted by the City will G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05- 03-12\2012 Building Permit Issuance Policy For Lots on Dirt Roads rev3.docR-:\LR-Rroiects\2o08\L-R08-0018-Nicolas Valley-RPA1Nicolas-ValleyOir -RoaclPolicylFinal-Devised-D#i Road- Policy-4,08\Budding-P- ermit-tssuanoe-PoGsy--For-Lots on {dirt -Roads reva.doeR:ILR- Rrojects121)081LRa8-8018-Nicolas Valley-RRA1Nicolas-Valley1Dirt Road -Policy \Building P2emit-Issuance-P-olicy-€4ar-Lots-on-Dirt-Roads-rev3:doc 2 only be acceptable for access purposes if an association of property owners is formed to ensure perpetual maintenance of the paved road. G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05- 03-12\2012 Building Permit Issuance Policy For Lots on Dirt Roads rev3.docRAL-R-Rreiestsk2-0A8 88.8048-NiGelas Vatlev-RRA\Nico4as-Va11ey1Dirt-Read-P-olisy\€inal-f evlsed i#-Road-Peti6v-4:08\Beildieq-Aerrnit-tssaaese-Relisv-Fer-Lets en-Dirt--Roads-revaAeGR-AL P-rojests\2008\L-808-0018-Nicolas-Valley-RP-A\Nisolas Valley\DiR-Road-Policy\Building Permit4ssuarase-Rel4Gy-Fer-Lets-en-Dirt Reads rev3:dos 3 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk P.O. Box 9033 41000 Main Street Temecula, CA 925894033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 Space above this line for Recorder's Use OnIN AGREEMENT TO OBTAIN GRADING AND BUILDING PERMITS FOR LOTS ON DIRT ROADS AFFECTING REAL PROPERTY THIS AGREEMENT is made and entered into as of , 20� between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "City" and hereinafter referred to as "Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respect to the following facts, which are acknowledged as true and correct by the parties hereto: Owner is the owner of real property located at , Temecula, California, which is more particularly described on Exhibit A, Legal Description, attached hereto and incorporated herein as though set forth in full ("Property"). A. Owner is desirous of obtaining approval of a Grading Permit fx»nthe City to grade a on the Property. Owner is desirous of obtaining approval of a Building Permit from theCityto construct a on the Property. The General Plan along with City Improvement Standard Drawings classify streets and provide for construction standards, respectively that affect those streets dedicated to the City in the general area of Property. B. The City has determined that habitable structures having access from dirt roads present a clear threat to the public health and safety due to a lack of reliable and or timely access by emergency vehicles. In addition, Section 503 of the California Fire Code 2007 Edition (Section 15.04.020 of the Temecula Municipal Revised: 05/14/2012 Page 1 t. 1,1 .\\ \ \to :i ttt:.,u' V. I..t.:uti.fit' I.•.,:It,- .:t,• K:_ r, o-..,, , :.::• t,,,: r.::: ,.• I ,It.; .:.o Code) requires "All Weather Access" be provided prior to construction of any structure." In order to implement this provision, the City has adopted a "Dirt Road Policy." Allowing people to build individual dwelling units without making the road improvements as required of subdivision tracts continues to exacerbate this potentially life threatening problem. Once structures are built on these dirt roads, residents are typically hesitant to contribute to paved street improvements citing that they were allowed to build, but not understanding that it is not the City's responsibility to make the road improvements to enhance their property. The Property consists of . Owner desires to . The City's Dirt Road Policy states that "an existing dwelling unit can be replaced once and built not to exceed 25% of the existing square footage of habitable space or 600 square feet, whichever is less. The City has determined that C. At the request of the Owner and in order to fairly and equitably apply the Dirt Road Policy to the Property, the City is willing to permit the Owner to subject to the conditions of this Agreement. Under these circumstances and upon execution of this Agreement, the City finds that the new home on the Property of square feet complies with the City's Dirt Road Policy. Owner warrants and represents that it is the sole owner of the Property and that no other person or persons hold any legal or equitable interests in the Property, including deeds of trust or liens. Section 2. AGREEMENT TO ISSUE GRADING PERMIT. In consideration of the City issuing the grading permit and the building permit, as described in Paragraphs 1.B. and 1.C. above, the Owner agrees to comply with the following requirements in order implement the solution to the unique situation described in Paragraph 1: A. Owner shall sign an Agreement to Participate in Assessment District Affecting Real Property for the construction of in a form approved by the City Attorney. B. Owner acknowledges and agrees that the City Council may establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism that may include the construction of at some time in the future. C. Owner acknowledges and agrees that the issuance of a grading permit does not obligate the City to construct the all weather access road or to establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism for the construction of D. (Add As Needed) Section 3. GENERAL MATTERS. A. Integration. This Agreement contains the entire understanding between the parties relating to the subject matter of this Agreement, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter of this Agreement are merged into this Agreement and shall be of no further force or effect. Revised: 05/14/2012 Page 2 t. rl ‘‘,..I.<. s• < 11;;:• Ix \:., l . l.�L, {I 4I. I IK r • i__ :1,01. It..rl B. Investigation. 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 and legal research such party deems material. Each party warrants and represents to the other that it has had the opportunity to review this Agreement with legal counsel and financial consultants and to receive the advice of legal counsel, tax counsel and financial consultants prior to its approval and execution of the Agreement. C. Timing. This Agreement shall be fully executed by all parties prior to and as a condition of issuance of a grading permit. Time is of the essence of each provision of this Agreement of which time of performance is a factor. D. Waiver. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. E. Binding Effect. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of the City in carrying out its statutory responsibilities under California law and to enforce the provision of the Temecula General Plan and the Temecula Municipal Code. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. This Agreement shall be recorded in the office of the County Recorder for the County of Riverside. F. Attorney's Fees. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. G. Notices. Any notices or other correspondence between the parties shall be sent to the following unless either party gives the other notice of a change of address: CITY OF TEMECULA Robert C. Johnson, City Manager P.O. Box 9033 41000 Main Street Temecula, California 92589-9033 OWNER Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. Revised: 05,14/2012 Page 3 c ri 1 It 14,1‘ RV t 047. i>,: e<„4i r„ Intl! ic, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney CITY OF TEMECULA Robert C. Johnson City Manager OWNER Name: Title: Revised: 05 14 2012 Page 4 t, ri N...NiNA, i tr .IN N,..•i. • �: e,. Ri \ \'...i... t 1)•1 :; r,•,,., i , .d u, -„,d I hl a .: r„i_y > .: _ ,.46 , it,, too, , .: •, :. • , n:: ACKNOWLEDGMENT State of California County of Riverside On , 20_, before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Seal SIGNATURE OF NOTARY RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 Space above this line for Recorder's Use Only AGREEMENT TO PARTICIPATE IN ASSESSMENT DISTRICT AFFECTING REAL PROPERTY THIS AGREEMENT is made and entered into as of , 20 , between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "City" and hereinafter referred to as "Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respect to the following facts, which are acknowledged as true and correct by the parties hereto: a. Developer is the owner of real property (the "Property") located at , Temecula, California, which is more particularly described on Exhibit A, Legal Description, attached hereto and incorporated herein as though set forth in full ("Property"). b. Owner is desirous of obtaining approval of a Grading and/or Building Permit from the City to grade and/or construct a located at c. The General Plan along with City Improvement Standard Drawings classify streets and provide for construction standards, respectively that affect those streets dedicated to the City in the general area of Property. d. Owner warrants and represents that it is the sole owner of the Property and that no other person or persons hold any legal or equitable interests in the Property, including deeds of trust or liens. G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05-03-12\2012 PT revised Leifer Road Financing District Agreement.doc 1 Section 2. CONSENT TO PARTICIPATION IN ASSESSMENT DISTRICT OR SIMILAR FINANCING MECHANISM. The City Council may establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism that may include the construction of Liefer Road at some time in the future. Owner, on behalf of itself, its successors and assigns, hereby acknowledges that its Property and the improvements to be constructed thereon will benefit from the construction of Liefer Road and therefore agrees and offers to participate in, and waives all rights to object to the formation of an assessment district, community facilities district, a bridge and thoroughfare fee district, or similar fair and appropriate financing mechanism for the possible construction of Liefer Road. The City Council, on behalf of such a district or other financing mechanism, shall at some future time also determine and assess the appropriate assessments or contributions of the participants in the district or other financing mechanism to Liefer Road contingent on it being in the district. The appropriate assessments and contributions shall be determined in accordance with such laws as are applicable to the mechanism chosen to fund the Project and all other applicable laws. Section 3. GENERAL MATTERS A. Integration This Agreement contains the entire understanding between the parties relating to the subject matter of this Agreement, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter of this Agreement are merged into this Agreement and shall be of no further force or effect. B. Investigation. 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 and legal research such party deems material. Each party warrants and represents to the other that it has had the opportunity to review this Agreement with legal counsel and financial consultants and to receive the advice of legal counsel, tax counsel and financial consultants prior to its approval and execution of the Agreement. C. Timing. This Agreement shall be fully executed by all parties prior to and as a condition of issuance of a grading permit. Time is of the essence of each provision of this Agreement of which time of performance is a factor. D. Waiver. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. E. Binding Effect. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of the City in carrying out its statutory responsibilities under California law and to enforce the provision of the Temecula General Plan and the Temecula Municipal Code. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. This Agreement shall be recorded in the office of the County Recorder for the County of Riverside. G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05-03-12\2012 PT revised Leifer Road Financing District Agreement.doc 2 F. Attorney's Fees. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. G. Notices. Any notices or other correspondence between the parties shall be sent to the following unless either party gives the other notice of a change of address: CITY OF TEMECULA Robert C. Johnson, City Manager P.O. Box 9033 41000 Main Street Temecula, California 92589-9033 OWNER Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Robert C. Johnson City Manager ATTEST: Susan W. Jones, MMC City Clerk G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05-03-12\2012 PT revised Leifer Road Financing District Agreernent.doc 3 APPROVED AS TO FORM: Peter M. Thorson City Attorney OWNER By Title G:\PLANNING\2008\LR08-0018 Nicolas Valley RPA\Nicolas Valley\Dirt Road Policy\Final Revised Dirt Road Policy 05-03-12\2012 PT revised Leifer Road Financing District Agreement.doc 4 ACKNOWLEDGMENT State of California County of Riverside On , 20, before nie, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Seal] SIGNATURE OF NOTARY APPENDIX B "GRADING PERMIT TION" 27-3 PUBLIC WORKS DEPARTMENT Land Development Division 41000 Main Street * Temecula, CA 92590 * www.citvoftemecula.org PA NO.: PERMIT NO.: TYPE OF GRADING: TYPE OF SUBMITTAL: GRADING PERMIT APPLICATION 1 MASS [ ] ROUGH 1 ] PRECISE [ ] BORROW [ ] STOCKPILE 1 CUSTOM HOME 1 1 COMMERCIAL / INDUSTRIAL BLDG 1 1 ADMINISTRATIVE PROJECT INFORMATION STREET ADDRESS (REQUIRED): LEGAL DESCRIPTION: APN NO.: (Tract / Parcel Map w/ Lot No.) GROSS ACREAGE OF PROJECT: DISTURBED ACREAGE OF AREA PROPOSED FOR GRADING: EARTHWORK QUANTITY (C.Y.) AMOUNTS: CUT F11.1. IMPORT EXPORT OVER -EXCAVATE APPLICANT COMPANY: CONTACT: MAILING ADDRESS: PHONE: FAX: E-MAIL: PROPERTY OWNER NAME: CONTACT: MAILING ADDRESS: PHONE: FAX: E-MAIL: If more than one person is involved in the ownership of the property being developed, a separate page must be attached to this application, which lists the contact information of all persons having an interest in the ownership of the property. CIVIL ENGINEER COMPANY: CONTACT: MAILING ADDRESS: PHONE: FAX: E-MAIL: AUTHORITY FOR THIS APPLICATION IS HEREBY GIVEN: SIGNATURE OF PROPERTY OWNER(S): DATE APPLIED (Print Name) (Print Name) (Written Authorization May Be Attached) Revised: 2/17/2012 G:\COMMUNITY DEVELOPMENT\Land Development\Grading\Grading Permit Application.doc APPENDIX C "LAND DEVELOPMENT SUBMITTAL': REQUIREMENTS" (Refer blic Wor`` and Dec opment for the latest version.) 27-4 LAND DEVELOPMENT SUBMITTAL REQUIREMENTS PAGE 1 of 5 Legend: COA - Conditions of Approval PA - Planning Application SFR - Single Family Residence ESC - Erosion & Sediment Control Plan PGP - Precise Grading Pian TCP - Traffic Control Plan LS - Licensed Surveyor RCE - Registered Civil Engineer WQMP - Water Quality Management Plan Websites: • For a current Fee Schedule, the On -Site and Off -Site Construction Security Worksheets, the grading permit application and this form, refer to the City's website under "Useful Documents" at: http://www.citvoftemecula.orq/Temecula/Government/Comm Dev/Land+Development/gradinq.htm • For current haul route and encroachment permit applications, refer to the City's website under "Useful Documents" at: http://www.citvoftemecula.orq/Temecula/Government/CommDev/Land+Development/Encroachments.htm A. GRADING 1. PERMIT ISSUANCE a. PERMIT ISSUANCE REQUIREMENTS ❑ All applicable clearances ❑ Payment of all fees (per the current fee schedule) ❑ Any required report(s), if applicable O Two (2) sets of approved plans and a CD of the plans (in .tiff format) 2. SUBMITTALS FOR TYPES OF GRADING PLANS a. MASS/ROUGH GRADING PLAN Notes: 1. PA must be approved prior to acceptance of submittal; provide PA #. 2. For Rough Grading Plans, submit all other required submittals such as final map, street, storm drain, etc. per the approved COA. O Transmittal cover letter (with complete contact info) and a completed Grading Permit Application ❑ Five (5) sets of Grading Plan with an ESC Plan (prepared by a Registered Civil Engineer (RCE)) O One (1) copy of Soils Report (prepared by a Soils/Geotechnical Engineer) ❑ One (1) copy of a Hydrology Study ❑ Completed On -Site Construction Security Worksheet (prepared by a RCE) ❑ One (1) copy of the conceptually accepted WQMP document ❑ Gross Property Boundary Exhibit with Closure Calculations (calculated by a RCE or Licensed Surveyor (LS)); acreage should include right-of-way fronting property ❑ Full plan check fee (see current fee schedule) b. COMMERCIAL/INDUSTRIAL PGP ❑ Same as the MASS/ROUGH GRADING PLAN requirements above in 2.a. (including notes) plus ❑ Copy of current Preliminary Title Report (not over 30 days old) ❑ Six (6) sets of Grading Plan with an ESC Plan (prepared by a RCE), instead of five (5). 07272012 g:\conununity development\land development \submittal requircments\2012. landdev submittal requirements.doc LAND DEVELOPMENT SUBMITTAL REQUIREMENTS PAGE 2 of 5 c. TRACT MODEL HOME COMPLEX/TEMPORARY SALES TRAILER PGP Note: PA must be approved prior to acceptance of submittal; provide PA #. ❑ Transmittal cover letter (with complete contact info) ❑ Six (6) sets of Grading Plan (prepared by a RCE) ❑ Completed On -Site Construction Security Worksheet (prepared by a RCE) ❑ Full plan check fee (see current fee schedule) d. TRACT PGP Notes: 1. Home Product Review PA must be approved prior to acceptance of submittal; provide PA #; 2. Final Tract/Parcel Map must be submitted prior to acceptance of submittal. ❑ Transmittal cover letter (with complete contact info) ❑ Four (4) sets of Grading Plan with an ESC Plan, as required (prepared by a RCE) ❑ Completed On -Site Construction Security Worksheet, as needed (prepared by a RCE) ❑ One (1) copy of a conceptually accepted WQMP document ❑ Full plan check fee (see current fee schedule) e. CUSTOM SINGLE FAMILY RESIDENCE (SFR) GRADING PLAN Note: Septic system must be approved by County Envr. Health Dept. prior to acceptance of submittal. ❑ Transmittal cover letter (with complete contact info) and a completed Grading Permit Application ❑ Six (6) sets of Grading Plan with an ESC Plan (prepared by a RCE) ❑ One (1) copy of Soils Reports (prepared by a Soils/Geotechnical Engineer) ❑ One (1) copy of Hydrology Study (as required) ❑ Completed On -Site Construction Security Worksheet (prepared by a RCE) ❑ One (1) copy of a conceptually accepted WQMP document, as required ❑ Approval of septic system by County Environmental Health Department, as applicable ❑ Copy of current Preliminary Title Report (not over 30 days old) ❑ Gross Property Boundary Exhibit with Closure Calculations (calculated by a RCE or LS); acreage should include right-of-way fronting property ❑ Full plan check fee (see current fee schedule) f. BORROW SITE/STOCKPILE GRADING PLAN Note: PA must be approved prior to acceptance of submittal; provide PA #. ❑ Transmittal cover letter (with complete contact info) and a completed Grading Permit Application ❑ Completed Haul Route Permit Application ❑ Six (6) sets of Borrow Site Plan with an ESC Plan (prepared by a RCE) ❑ Completed On -Site Construction Security Worksheet (prepared by a RCE) ❑ Copy of current Preliminary Title Report (not over 30 days old) ❑ Full plan check fee (see current fee schedule) g. ADMINISTRATIVE CLEARING ❑ Transmittal cover letter (with complete contact info) and a completed Grading Permit Application ❑ Two (2) sets of Plan with an ESC Plan (prepared by a RCE) ❑ Full plan check fee (see current fee schedule) 07272012 g:\community development\land developmcnt\subminal requirements \2012. landdev submittal requirements.doc LAND DEVELOPMENT SUBMITTAL REQUIREMENTS PAGE 3 of 5 3. SUBMITTALS FOR TYPES OF GRADING PLAN REVISIONS a. MASS/ROUGH GRADING PLAN REVISION ❑ Transmittal cover letter (with complete contact information) ❑ Five (5) sets of revised Grading Plan with an updated ESC Plan, as required (prepared by a RCE) ❑ Updated Soils Report, if applicable ❑ Completed On -Site Construction Security Worksheet, as required ❑ Full plan check fee (see current fee schedule) b. COMMERCIAL/INDUSTRIAL PGP REVISION ❑ Same as the MASS/ROUGH GRADING PLAN REVISION requirements above in 3.a. plus O Six (6) sets of revised Grading Plan (prepared by a RCE) instead of five (5) c. TRACT PGP REVISION ❑ Transmittal cover letter (with complete contact info) ❑ Four (4) sets of revised Grading Plan (prepared by a RCE) ❑ Full plan check fee (see current fee schedule) d. CUSTOM SFR GRADING PLAN REVISION O Same as the COMMERCIAL/INDUSTRIAL PGP REVISION requirements above in 3.b. e. BORROW SITE/STOCKPILE GRADING PLAN REVISION ❑ Transmittal cover letter (with complete contact info) ❑ Six (6) sets of revised Grading Plans (prepared by a RCE) ❑ Updated Soils Report, if applicable ❑ Full plan check fee (see current fee schedule) B. HAUL ROUTE 1. PERMIT ISSUANCE a. PERMIT ISSUANCE REQUIREMENTS ❑ Transmittal cover letter, completed application and permit fee ❑ Two (2) sets of the Haul Route plan ❑ Traffic Control Plans (TCP), if required. TCP, at a minimum, shall include: origin/destination of the haul route, frequency/no. of trucks involved, location/no. of certified flaggers, if required, etc. ❑ Schedule of work and quantity of material hauled C. ENCROACHMENT 1. PERMIT ISSUANCE a. PERMIT ISSUANCE REQUIREMENTS ❑ All applicable clearances and a completed Encroachment Permit Application ❑ Balance of all permit issuance, plan check and inspection fees ❑ Approved Traffic Control submittal, as required ❑ Liability insurance requirement; and Proof of City business license and contractor's license ❑ Two (2) sets of approved plans and a CD of the plans (in .tiff format) 07 27'2012 g:\community development\Iand development submittal requirements\2012. landdev submittal requirements.doc LAND DEVELOPMENT SUBMITTAL REQUIREMENTS PAGE 4 of 5 2. SUBMITTALS FOR TYPES OF CONSTRUCTION PLANS a. STREET IMPROVEMENT PLANS ❑ Transmittal cover letter (with complete contact info) ❑ Six (6) sets of Improvement Plans (prepared by a RCE) ❑ One (1) copy of Hydrology/Hydraulics Study (if storm drain included) ❑ Completed Off -Site Construction Security Worksheet (prepared by a RCE) ❑ One (1) copy of a conceptually accepted WQMP document, as required ❑ All applicable Traffic Plans and Traffic Control Submittals, as required ❑ Full plan check fee (see current fee schedule) b. STORM DRAIN IMPROVEMENT PLANS ❑ Same as the STREET IMPROVEMENT PLANS requirements above in 2.a., but only ❑ Two (2) set of Improvement Plans (prepared by a RCE), instead of six (6) c. SEWER & WATER IMPROVEMENT PLANS Note: Separate submittals are required for the Fire Department, Eastern Municipal Water District and Rancho California Water District prior to acceptance of submittal. ❑ Transmittal cover letter (with complete contact info) O Two (2) sets of Utility Plans (prepared by a RCE) ❑ Traffic Control Submittal, as required d. TRAFFIC CONTROL ❑ Transmittal cover letter (with complete contact info) ❑ Two (2) sets of plans (prepared by a RCE) ❑ Full plan check fee (see current fee schedule) e. SIGNING & STRIPING PLANS ❑ Same as TRAFFIC CONTROL requirements above in 2.d. plus a ❑ Completed Off -Site Construction Security Worksheet (prepared by a RCE) f. TRAFFIC SIGNAL IMPROVEMENTS ❑ Transmittal cover letter (with complete contact info) ❑ Two (2) sets of plans (prepared by a RCE) ❑ Completed Off -Site Construction Security Worksheet (prepared by a RCE) ❑ One (1) copy of Special Provisions (specifications) ❑ Full plan check fee (see current fee schedule) 3. SUBMITTALS FOR TYPES OF CONSTRUCTION PLAN REVISIONS a. STREET/STORM DRAIN IMPROVEMENT PLAN REVISION ❑ Transmittal cover letter (with complete contact info) O Six (6) sets of revised Improvement Plans (prepared by a RCE) ❑ Completed Off -Site Construction Security Worksheet, as required ❑ Full plan check fee (see current fee schedule) 0727/2012 g:\community development\land developmcnt\submittal requirements\2012. landdev submittal reyuirements.doc LAND DEVELOPMENT SUBMITTAL REQUIREMENTS PACE 5 of 5 D. MAPS 1. TRACT/PARCEL MAPS a. SUBMITTAL REQUIREMENTS Note: PA for the Tentative Map must be approved prior to acceptance of submittal. ❑ Transmittal cover letter (with complete contact info) ❑ Six (6) sets of Maps with Environmental Constraint Sheet (prepared by a LS) ❑ One (1) copy of Traverse Calculations ❑ One (1) copy of current Preliminary Title Report with all supporting documents (not over 30 days old) ❑ One (1) copy of approved COA and approved Tentative Map ❑ One (1) copy of record of Statement of Partnership (if partnership is to execute the map) ❑ One (1) copy of all reference maps & materials used to prepare map ❑ Full plan check fee (see current fee schedule) E. LEGAL DOCUMENTS 1. LEGAL DOCUMENT SUBMITTALS a. SUBMITTAL REQUIREMENTS ❑ Transmittal cover letter (with complete contact info) ❑ Two (2) copies of Legal Description with plat (prepared by a LS) ❑ One (1) copy of Traverse Calculations ❑ One (1) copy of current Preliminary Title Report with all supporting documents (not over 30 days old) ❑ Full plan check fee (see current fee schedule) 07/27/2012 g:\community development land development\submittal rcquirements\2012. landdev submittal reyuirements.doc APPENDIX D "GRADING N (Refe 'ublic Wor and De •ment for the latest version.) 27-5 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION GRADING NOTES These "Grading Notes" are intended to be used on all plans for private development that includes work related to: mass, rough and precise grading, borrow site/stockpiling, erosion and sediment control, administrative clearing, subject to review and approval by the Department of Public Works. 1. Standards. All construction and grading related activities (i.e., stockpiling, land clearing, erosion & sediment control, etc.) shall be performed in accordance with Chapter 18 of the City of Temecula Municipal Code, the Engineering and Construction Manual, all applicable standards, the latest edition of the California Building Code (Appendix J) and, if applicable, the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) General Permit for Construction Activities. 2. Permit Requirements. A grading permit shall be obtained prior to commencement of any work on the site. 3. Notifications. Public Works shall be notified via the Public Works Inspection Line at (951) 308- 6395 at least 24 hours in advance of beginning any construction/grading operations. 4. Soils. All construction/grading activities shall be done in conformance with recommendations of the preliminary soils investigation by dated . Said report shall be considered a part of this grading plan. 5. Cut/Fill. a. Maximum cut and fill slopes shall be 2:1, unless otherwise approved by the City Engineer; and shall comply with the recommendations of the soils report. Fill slopes shall not have less than 90% relative compaction out to the finish surface. b. Fill material shall not be placed on existing ground until the ground has been cleared of weeds, debris, topsoil, vegetation and other deleterious material. If the slope ratio exceeds 5:1 and is greater than five feet, the terrain must be keyed and benched into either bedrock or native soil, as directed by the geotechnical engineer. c. Stability calculations with a factor -of -safety of at least one and five tenths (1.5) shall be submitted to Public Works by a registered civil engineer, soils engineer or geologist for cut and fill slopes over 30 feet in vertical height. d. All grading shall be done under the supervision of a registered civil engineer, soils engineer or geologist, who shall submit two sets of written certification that all fills over one foot in depth have been properly placed. 6. Drainage. a. As applicable, provide concrete brow ditches to convey 100 -year storm flows or provide graded berms along the top of all graded slopes over three feet in vertical height or that are REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. grading notes.doc adjacent to graded areas, to direct surface runoff away from the top of slopes. All drainage devices shall be constructed per the approved plans. b. Existing drainage courses shall continue to function at all times. No obstruction of flood plains or natural water courses shall be permitted. c. Temporary drainage shall be provided until permanent drainage structures are installed. Protective measures shall be implemented to protect adjoining and downstream properties from silt deposition and ponding water during construction/grading operations. d. Approved protective measures and temporary drainage provisions must be used to protect adjoining properties during the grading project. e. Drainage easements shall be kept clear of all obstructions; no building or walls shall be placed within the limits of easements. f. The minimum grade for concrete surface drainage facilities shall be a one-half percent (0.5%). 7. Property Corners. All property corners shall be clearly delineated in the field prior to commencement of any construction/grading activity, as directed by the City Engineer. 8. Rough Grading Inspections Prior to Building Permit. Inspections shall be requested via the Public Works Inspection Line at (951) 308-6395. Submit the following: a. two sets of pad elevation certification (i.e., rough grade) to include a statement that the pad elevation complies with the approved grading plan. Certification shall be to line, grade, elevation and location of cut/fill slopes. b. two sets of pad compaction certification (i.e., final geotechnical/soils report) to include a statement that the grading complies with recommendations of the preliminary soils report. 9. Final Inspection Prior to Occupancy. Refer to the City's Engineering and Construction Manual. 10. Post Grading Activities. Post grading activities shall include, but not be limited to, installing where applicable: groundcover, trees, shrubs or a combination thereof in accordance with the Temecula Municipal Code prior to final inspection. Slopes over four feet in vertical height shall have permanent irrigation systems with backflow prevention devices per the U.P.C. 11. Other Construction Notes. Refer to separate notes for "paving," "general" and "erosion and sediment control" requirements. REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. grading notes.doc APPENDIX E "GENERAL (Refe 'ublic Wor, : Land De = .ment for the latest version.) 27-6 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION GENERAL NOTES These "General Notes" are intended to be used on all plans for private development, reviewed and approved by the Department of Public Works. 1. Standards. All work shall conform to the requirements of the current edition of the City's Improvement Standard Drawings for Public Works Construction (and subsequent amendments), the City's Engineering and Construction Manual, City codes and requirements. 2. Emergency Telephone Numbers. (Answering machine is not acceptable): (Responsible Person/Developer) (Company) (24 -hr Phone Number) (Responsible Person/Contractor) (Company) (24 -hr Phone Number) 3. License/Permit Requirement. a. Prior to start of any work, a business license shall be obtained from the City. b. A Grading Permit shall be obtained, prior to any work on private development. The permit and an approved set of improvement plans must be present at the jobsite during construction. 4. Errors or Omissions. Approval of these plans by the City does not relieve the applicant and engineer of record from the responsibility for the correction of errors or omissions discovered during construction. 5. Working Hours. City Ordinance No. 94-25 states that no person shall engage in or conduct construction activity, when the construction site is within one-quarter of a mile of an occupied residence, between the hours of 6:30 pm and 6:30 am, Monday through Friday and shall only engage in or conduct construction activity between the hours of 7:00 am and 6:30 pm on Saturday. No construction activity shall be undertaken on Sunday and nationally recognized holidays. 6. Regulatory Agency Clearances. The issuance of a permit by the City does not imply or provide any clearances from state or federal agencies regulating the provisions of state or federal endangered species acts or water quality regulations. The appropriate clearances from these agencies shall be obtained prior to any site disturbance or grading. 7. Construction Change. Any construction change must be first submitted to the City as a redline revision for review and approval prior to implementing the change in the field. Refer to the City's Engineering and Construction Manual. 8. Pre -Construction Meeting. A pre -construction meeting shall be scheduled two work days prior to the start of construction. During construction, a dependable and responsive contractor's representative shall be at the job site at all times. REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. general notes.doc 9. Utilities. Approval of these plans by the City does not constitute a representation as to the accuracy or completeness of the location, nor the existence or non-existence of any underground utilities within the project limits. Any utility damaged during the performance of the work shall be repaired or replaced to the satisfaction of the governing agency by the contractor, at his expense. 10. Survey. It shall be the responsibility of the contractor to notify the engineer of record and to install street centerline monuments, as required by Riverside County Ordinance No. 491. Centerline ties shall be provided to the City Engineer, upon completion of the project and before acceptance is granted. All existing monumentation (disturbed or destroyed during construction) shall be replaced to City standards in accordance with the Land Surveyors Act and the Streets and Highway Code, and as approved by the City Engineer. Upon request, survey cuts sheets shall be provided to the City Engineer. 11. Dust Control. Dust shall be controlled by watering or other methods, as approved by the City Engineer and shall comply with South Coast Air Quality Management District's (SCAQMD) Rule 403. 12. Construction Fencing. A six foot chain link fence is required on all industrial and commercial projects until roof systems are completed or as deemed necessary by the City Engineer for public safety. The maintenance of the fence is the sole responsibility of the contractor. 13. Inspections. All work performed without proper inspection from the City may be subject to rejection. 14. Other Construction Notes. Refer to separate notes for "grading," "erosion and sediment control," "paving" and "traffic" requirements, if applicable. REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. general notes.doc APPENDIX F "EROSION & SEDIMENT L NOTES" (Refe 'ublic Wor < Land De aprnent for the latest version.) 27-7 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION EROSION & SEDIMENT CONTROL NOTES These "Erosion & Sediment Control Notes" are intended to be used on all Public Works plans for both private development and public right-of-way improvements. The notes are comprehensive and should be applied according to site-specific conditions. 1. Filtered Runoff. All runoff shall be filtered prior to discharging from a site or to any type of private or public storm water conveyance system (natural watercourses, streets, gutters, concrete -lined v -ditches, storm drains, flow -Tines, inlets, outlets, etc.). All non -permitted discharges are prohibited from entering any storm water conveyance system year-round. 2. Best Management Practices (BMP's). Year-round, pollution prevention measures, also known as Best Management Practices (BMP's), must be installed prior to any field activities. BMP handbooks can be downloaded at www.cabmphandbooks.com. Additional erosion prevention and sediment control (ESC) measures must be installed and maintained prior to and throughout each rainy season. The developer/contractor is responsible for ESC measures throughout the duration of the project for all clearing, disking, grading, excavating and stockpiling activities, and on all exposed slopes and inactive pads throughout the entire site. The developer/contractor is also responsible for any discharges from subcontractors. a. Stockpiling of BMPs. Additional ESC materials shall be stockpiled at various locations throughout the site for immediate use within seven days prior to any forecast rain. On emergency situations, the developer/contractor shall immediately make equipment and workers available to protect the site. 3. Erosion and Sediment Controls. All ESC measures shall be inspected, restored, repaired or modified year-round throughout the site to protect perimeters, adjacent properties, environmentally sensitive areas and all private/public storm water conveyance systems. If any erosion or sediment controls fail during any rain event, more effective ones will be required in their place. a. Erosion Controls. Erosion controls shall include, but are not limited to applying and establishing: vegetative cover, wood mulch, stapled or pinned blankets (straw, coconut or other), plastic sheeting (minimum 10 -mil), polypropylene mats, spray -on controls to all disturbed areas or other measures approved by the City Engineer. Jute netting shall not be used as a stand-alone erosion control. For slopes greater than 4:1, provide fiber rolls and either a bonded fiber matrix product applied to a rate of 3500 Ib/acre or a stabilized fiber matrix product applied to a rate of 10 gal/acre. The City Engineer may approve different application rates for slopes less than 4:1. b. Sediment Controls. Sediment controls shall include, but are not limited to: desilting basins, graded berms, fiber rolls, silt fences, gravel bag chevrons (filled with minimum 3/" gravel), check dams, drainage inlet protection, etc. Fiber rolls shall be installed in 15 -foot increments measured along the face of the slope. Silt fence shall be installed along interior streets and combined with gravel -bag or silt fence chevrons inside the sidewalk right-of-way or back of curbs. REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. esc notes.doc 4. State Construction General Permit. If the project disturbs, exposes or stockpiles one acre or more of soil, the site must be covered under the State Construction General Permit. A Waste Discharge Identification (WDID) Number, a risk level determination number and the Qualified "Storm Water Pollution Prevention Plan" (SWPPP) Developer (QSD) shall be provided to the City prior to issuance of a grading permit. A SWPPP shall be implemented throughout the duration of the project and shall be readily available to City and State inspectors and updated to reflect current site conditions during construction. The construction permit can be downloaded at: www.waterboards.ca.qov/water issues/programs/stormwater/construction. 5. Perimeter Protection. Perimeter protection must be installed prior to any clearing activities. Clearing shall be limited to areas that will be immediately graded or disturbed. A combination of ESC measures shall be implemented in areas that have been cleared. All disturbed areas of an inactive site, as described in the Engineering and Construction Manual, shall also be protected. 6. Construction Access Points. Construction access points shall be stabilized with a combination of rock and shaker plates year-round to prevent track -out. Interior access points (all proposed driveways, material storage and staging area entrances/exits, etc.) shall also be protected with rock to prevent track -out onto interior streets. Routine street sweeping shall be performed on all paved streets where tracking is observed. Vacuum sweepers shall be used when street sweeping becomes ineffective. Controlled street washing shall only be allowed prior to the application of asphalt seal coats, and only when all pertinent drainage inlets are protected. 7. Desiltinq Basins. Desilting basins shall be designed according to the guidance provided in CASQA's construction BMP handbook. Impounded water shall be secured from the public. Signage indicating "Ponded Water - Do Not Enter," or an equivalent warning notice, shall be posted. 8. Material Storage. Material storage and staging areas shall be established. Fuel tanks, portable toilets, liquids, gels, powders, landscape materials and stockpiles of soil shall be stored away from all private/public storm water conveyance systems, sidewalks, right-of-ways and flow -lines and shall have secondary containment. Inactive stockpiles of soil shall be covered at all times. Active stockpiles shall be covered prior to a forecast rain. 9. Construction Waste. Construction waste and miscellaneous debris shall be placed in water -tight bins. Wire mesh receptacles shall not be allowed. Wash-out stations shall be provided for concrete, paints, stucco and other liquid waste, and shall be lined with plastic and located away from public right-of-ways, flow lines, etc. Prior to any forecast rain, bins and wash -outs shall be covered with lids or plastic tarps. 10. Slope Protection. Storm water runoff shall not be directed over slopes without permanent down drains installed. ESC measures are required on all exposed slopes until sufficient/permanent landscape is established. There shall be 100% slope protection in place prior to issuance of certificate of occupancy. 11. Portable Mixers. All portable mixers shall have plastic liners underneath them with gravel -bags placed on the down -hill side of the liners to contain discharges. 12. Maintenance. All onsite and offsite flow lines (i.e., v- and brow -ditches, terrace drains, ribbon gutters, curb gutters, etc.), storm water conveyance systems, check dams, chevrons, silt fences and desilting basins shall be free of sediment, construction materials, waste, miscellaneous debris and deteriorated ESC measures year-round. 13. Obstructions. No obstructions, other than BMP's, shall be allowed within any storm water conveyance system, unless alternative drainage facilities have been approved by the City Engineer. 14. Other Construction Notes. Refer to separate notes for "general," "grading" and "paving" requirements. REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. esc notes.doc APPENDIX G "PAVING N DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION PAVING NOTES These "Paving Notes" are intended to be used on all plans for private development and public right-of-way improvements subject to, but not limited to: precise grading/paving improvements (i.e., private/public parking lots, driveways, private/public streets, etc.), street improvements, storm drain improvements and trench repairs. 1. Standards. All work and materials (i.e., asphalt concrete (AC) pavement, Portland Concrete Cement (PCC), base course, etc.) shall conform to the Standard Specifications for Public Works Construction (i.e., GreenBook) latest edition, the Engineering and Construction Manual, City and engineering standards and requirements. 2. Permit Requirements. A grading or encroachment permit(s) shall be obtained prior to paving. Before obtaining an encroachment permit, a Certificate of Insurance and the required bonding (for public improvements) shall be provided to the City Engineer. A Caltrans encroachment permit may be required. 3. Soil Sterilizer. An approved soil sterilizer shall be used on all base grade surfaces prior to paving. 4. Prime Coat. Prime coat is required on subgrade or base when the base is subjected to substantial construction traffic (or when long time periods elapse before AC is placed), as determined by the soils engineer and approved by the City Engineer. 5. Type I Slurry. Prior to project final completion and acceptance of streets into the City's maintained system, Type 1 Slurry shall be placed over the asphalt concrete paved project street(s), as directed by the City Engineer. The entire roadway width shall be swept at least 3 times or as directed by the City Engineer. 6. Foq Seal. For private development, asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallons per sq. yd. The asphalt emulsion shall conform to Sections 37, 39 and 94 of the State Standard Specifications. 7. Tack Coat. A tack coat shall be applied to existing pavement and vertical joints, concrete surfaces and asphalt concrete base course, if it has been exposed to vehicular loads. The tack coat shall be slow setting anionic emulsified asphalt Type "SS -1 h" conforming to the GreenBook. 8. Certification/Testinq_ All subgrade and base grade shall be certified by a licensed land surveyor. Base and AC materials shall be tested in accordance with the City's Quality Assurance Program (QAP) and/or as directed by the City Engineer. REVISED: 08/13/2012 g:\community dev\land dev\construction notes12012. paving notes.doc 9. Paving Materials. a. AC Materials. 1. AC materials shall conform to section 203-6 of the GreenBook and City Standards. i. Type C2 PG70-10 for finish and overlay courses. This course shall be a minimum of 0.12 foot (11/2 inches) thick including grind and overlay installations. ii. Type B PG70-10 for base course. This course shall contain the balance of the required asphalt concrete thickness. The minimum AC lift for base course is 0.21 foot (21/2 inches). 2. The minimum AC thickness is 0.33 foot (4 inches). 3. The maximum AC lift is 0.33 foot (4 inches). Note: "Shoving" is a type of AC pavement failure that may be caused by asphalt mixes that are too rich in asphalt, that have course/fine aggregate that is too rounded, etc. Typically, shoving results at hills, curves or intersections, caused by braking or accelerating vehicular forces. To prevent or minimize shoving, the City reserves the right to require a modified AC mix design with properties that provide high stability (i.e., ability to resist shoving and rutting, angular aggregate particles with a rough surface texture, etc.) in compliance with the GreenBook and/or Caltrans specifications. b. Base Materials. 1. Base materials shall conform to provisions of the GreenBook and current City standards. 2. For street sections, base course material shall be Crushed Aggregate Base (CAB) or Crushed Miscellaneous Base (CMB) per sections 200-2.2 and 202-2.4 of the GreenBook. Principal and Urban Arterial roads require CAB. c. Portland Concrete Cement. All PCC used shall be in conformance to the GreenBook. 10. Mix Designs. Ten working days prior to paving, the proposed mix design(s) from the supplying asphalt or concrete plant shall be submitted to the City for review and approval. The mix design(s) shall clearly show that the design meets all City and Green Book requirements. 11. Street Sections. Street structural sections shown on plans are tentative (i.e., they're used for bonding purposes). The final structural section requirements shall be determined by additional soil tests, after rough grading. The structural section design shall be reviewed and approved by the City Engineer. Said design shall adhere to the methodology set forth in Chapter 600 of Caltrans Highway Design Manual and shall utilize the "R" value method (i.e., "R" value tests shall be conducted in accordance with California Test No. 301 and shall be certified by a registered civil engineer). The number and locations of these tests shall be subject to approval by the City Engineer. 12. Compaction. Prior to placement of base material and AC, compaction reports by a soils engineer, certifying 95% compaction of sub -grade and base material, shall be submitted to the City Engineer. Compaction test observation of sub -grade and base grade materials shall be coordinated to include the soils engineer and the Public Works inspector. 13. Paving Inspections. a. Base Grade Inspection. One inspection at sub -grade completion (prior to placement of base) is required by the Department of Public Works. b. Paving Inspections. Two paving inspections are required by the Department of Public Works: (1) prior to paving, at base grade completion; and (2) during placement of AC. REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. paving notes.doc c. Driveways. All onsite private residential driveways shall comply with the approved plans and City standards, and shall be inspected and cleared by the City Engineer prior to paving. 14. Utilities. All underground facilities and laterals shall be in place prior to paving. 15. Trenching for Utilities. All street trenches shall conform to City and engineering standards. Refer to City Standard No. 407 "Trench/Pothole Repair" for trench maintenance and/or repairs. If trenches in close proximity and parallel to gutter lines result in leaving pavement strips in distress or less than two feet in width (between the trench and gutter line), said pavement strips shall be removed and repaved, at the discretion of the City Engineer. A tack coat shall be applied to join existing asphalt concrete and vertical surfaces in compliance with the GreenBook. 16. Parking Lot Grade. The minimum AC or concrete pavement grade shall be one percent (1%). 17. Gutter Lip. A 3/8 inch lip shall be placed adjacent to concrete gutters in accordance with City and engineering standards. Refer to Standard No. 200. 18. Paving Detail around Manholes, Valve Covers, etc. All paving around manholes, utility valve covers, etc. shall be in accordance with the GreenBook requirements, utility agency requirements, City and engineering standards. Refer to City Standard No. 503 "Paving Detail Around Manhole." 19. AC Placement. The method of depositing, distributing (i.e., using a self-propelled spreading/finishing machine) and rolling AC shall be in accordance with the GreenBook. 20. Acceptance of Product. The contractor shall repair any defective surfacing due to grade settlement of fills, trench fills or base material, as required by the City Engineer. No pavement "birdbaths" or deviations greater than 1/8 inch in six feet shall be accepted. 21. Protection of Work. The contractor shall: (a) protect existing structures, curb and gutters, sidewalks, landscaping, catch basin depressions and other surface features against damage caused by paving operations and asphalt spray; (b) protect completed work; all vehicular traffic (i.e., moving or stationary loads) shall be kept off newly paved areas until pavement surfaces have cooled down adequately; (c) clean the site (i.e., remove loose pavement and aggregate, clean out all manhole pits, ensure free operation of valves after paving, remove all debris, rubbish and excess material from work area, etc.). 22. Other Construction Notes. Refer to separate notes for "general," "grading," and "erosion and sediment control" requirements. • REVISED: 08/13/2012 g:\community dev\land dev\construction notes\2012. paving notes.doc APPENDIX H "CONTENT OF A G N" DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION "CONTENT OF A GRADING PLAN" A grading plan shall be submitted on a standard 24" x 36" (D size) bond copy for review and shall include the City's standard title block and applicable standard notes. The content of a grading plan shall generally include: 1. Title Sheet. a. Contact information for the applicant, owner, civil engineer, soils engineer and, when required, the project paleontologist and/or archeologist. b. Contact information for the 24-hour contact person responsible for the site. c. Building & Safety Department's signature block for Title 24 compliance. d. Soils Engineer Certification. e. Legend, north arrow, bar scale, vicinity map. f. Project address, Assessor Parcel Number (APN), legal description and benchmark. g. Planning Application (PA) number and project name. h. Earthwork quantities in cubic yards to be disturbed, excavated, over -excavated, filled, imported, exported, stored or, otherwise, utilized on subject property. i. Gross acreage and proposed disturbed acreage of subject property. j. Water Discharge Identification (WDID) number, if applicable. k. Date and source of topography. I. All standard construction notes. m. A summary of itemized construction items (with quantities and units) that is used / shown on each sheet. 2. The engineering scale of the plan shall not exceed 1" = 40'. 3. The lettering size on the plan shall be a minimum of 0.10". 4. The plan shall be oriented so that the "North Arrow" is specified at the top right side of each page. 5. All existing and proposed items on the grading plan shall be drawn to scale and clearly defined with distance, spot elevations, gradients, contours, details, cross sections, flow arrows, etc. 6. Show existing and proposed topography of the subject property on-site and 50' beyond the subject property at a maximum contour interval of 2' so as to define the topography over the entire site. Ninety percent (90%) of the contours shall be plotted within one contour interval of the true location. 7. Show all property and Right -of -Way (R/W) lines and label with metes and bounds. 8. Show location and type of all easements on subject property. 9. Show location and label limits of Federal Emergency Management Agency (FEMA) flood plain; provide base flood elevations and reference the appropriate Flood Insurance Rate Map (FIRM). 10. Show location and label any special hazard zones (earthquake faults, liquefaction, watercourse etc.) 11. Show location and label all existing and proposed fire hydrants adjacent to subject property. 12. Show all existing and proposed retaining walls. Label all proposed retaining walls with the note "Retaining Wall by Separate Permit." 09.12.12 Content of a Grading Plan,doc 13. Delineate and label all slopes (2:1 maximum). 14. Show footprints of all existing structures. 15. Show pad elevations on all adjacent properties. 16. Show details (plan and section) of all surface and underground drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as part of the proposed work, together with a map showing the drainage area and the calculated runoff of the area served by any drain and the calculated carrying capacity of such drains. 17. Show location and dimension of all proposed public improvements. 18. Show location and label all known existing utilities (water, sewer, etc.). 19. Show location and label all known existing and proposed natural and man-made drainage and flood control facilities. 20. Show location and label all existing trees that will be impacted by construction. 21. Show location and graphic representation of proposed excavations and fills (cut/fill lines and daylight lines). 22. Show location of existing vegetation types and the location and type of vegetation to be left undisturbed. 23. Show typical cross sections along each side of project boundary (property lines, slopes, streets, storm drain, utilities, etc.) 24. The ESC plan shall show the existing and proposed topography, location of final surface runoff treatment devices and the erosion and sediment control devices. 25. Any additional plans, drawings, calculations, environmental impact information or other reports required by the City. 26. In addition to the above, a Precise Grading Plan (PGP) also contains the following: PGP for Commercial/Industrial, Tract Subdivision and Custom Single Residential Lot Developments: a. Show footprints of all proposed (and existing, if applicable) structures with pad and finished floor (and finished grade, if applicable) elevations. b. Show cross section details for building footings and side -yard swale relationship (including the extra height for footing). c. Delineate and label setback distances between structures and top/toe of slopes and property lines. d. Delineate and label all drainage flow lines per City Standards. e. Show all proposed concrete flat work, driveways, sidewalks, etc. In addition to the above, a PGP for Tract Subdivision Developments shall include the following: f. Show all "ADA Disabled Access" requirements in accordance with Section 18.15.140 "Disabled Access" of the TMC. g. All proposed Fire Department vehicle access roads and/or turnarounds shall be in compliance with California Fire Code (CFC) Section 902. In addition to the above, a PGP for Custom Single Residential Lots shall include the following: h. Show location and label septic tanks and leach fields, if applicable. i. Show typical details for benching and berms, if applicable. (Refer to Chapter 15 of this Manual.) j. Same as g above. (Fire Dept. vehicle access roads) 09.12.12 Content of a Grading Plan,doc APPENDIX I "OFF-STREET PARKING MENTS" 27-10 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION OFF-STREET VEHICLE PARKING The purpose of this section is to provide certain standards for off-street parking and loading spaces for multi -family, commercial and industrial sites and to assure provision of safe, adequate and well-designed off-street parking facilities. The standards for parking facilities are intended to reduce vehicular traffic hazards, promote vehicular and pedestrian safety and efficient land use. Off-street parking and loading areas shall be established in a manner which will promote compatibility between parking facilities and surrounding neighborhoods, protect property values and enhance the environment through good design by providing amenities such as landscaping, walls, fencing, setbacks, appearance, provide for water quality mitigation measures and the general well-being of the residents of the City of Temecula. Development Standards for Off -Street Parking Facilities The following standards shall apply to the development of all parking facilities: 1. Surfacing — All parking areas and driveways used for access thereto shall be surfaced with the following: A. The standard for parking lots shall be the same as streets with respect to sub -grade, base rock, asphalt and concrete. B. Note the minimum traffic indexes: 1. TI = 5 in the parking stalls and drive lanes not accessible to trucks; and 2. TI = 6 in truck lanes and truck accessible areas. C. Concrete surfacing shall be minimum four inches thick and shall include expansion joints. D. Asphaltic concrete shall be minimum four inches thick over minimum six inches of crushed aggregate base or Class II base. The structural section thickness may be varied based on the recommendations of the preliminary soils report. 2. Marking — The marking of paved parking areas shall be as follows: A. Each space shall be clearly marked with white paint or other easily distinguishable material per the planning department. B. Directional signs or arrows painted on the surface may be used to properly direct traffic. 3. Grading — All parking areas and driveways shall be graded to prevent ponding and to negate drainage runoff from entering adjoining property. 4. Lighting— Parking area lighting shall be such that it would preclude the direct glare of lights from shining directly onto adjoining property or streets. Outdoor lighting shall be energy efficient low-pressure sodium lamps oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaires. 11.06.12 Oft -Street Vehicle Parking,doc 5. Planter Walkway - A six inch high curb with a 12 inch wide concrete walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. 6. Parking Space Location - No parking space shall be located within three feet (3') of any property lines. 7. Parking Stalls — The size of parking stalls shalt be as follows: A. Covered or uncovered off-street parking spaces shall be a minimum of nine feet in width and 18 feet in depth. B. Parking spaces with a side abutting a wall, building, fence or other obstructions shall be two feet wider than standard required width. C. Parallel parking spaces may be eight feet in width and 22 feet in depth with 30 feet in depth at end stalls. 11.06.12 Off -Street Vehicle Parking,doc r APPENDIX J "AGREEMENT FOR REVIEW UNDER ART,NQUAKE FAULT ZONING ACT" 27-11 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT of, This agreement is made and entered into this I3t-h day Novnmhrr , 2001, between the County of Riverside (hereinafter COUNTY"), on behalf of its Transportation and Land Management Agency/Planning Division (TLMA), and the City of Temecula (hereinafter "CITY") . RECITALS 1. CITY has a need for review of site-specific geologic reports prepared and submitted pursuant to the Alquist-Priolo Earthquake Fault Zoning Act ("Act") regarding the incorporated areas of the CITY. 2. TLMA has a State Registered Geologist who has the expertise, and knowledge to perform the services needed by the CITY. 3. COUNTY and CITY desire to specify the terms and conditions under which the services shall be provided. Section I TLMA agrees: 1. Upon request from CITY, to provide the review and approval by a State Registered Geologist prior to permit approval by the CITY as required by the Act. 2. To perform the services to the same extent and in the same manner as it does similar review services for itself, in ..Phd-4 .7 3. s""4' accordance with the following procedure: a. The following items should be transmitted to TLMA: 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. 2. The assessor's parcel number(s) for the applicable lots. 3. The CITY's case number and appropriate case maps. 4. A check, payable to Riverside County Planning Department for the current review fee charges by the County for Alquist-Priolo report review. See County Ordinance 547 and 671. These fees are subject to a one and one half percent (1.5%) Land Management System Fee Surcharge. This surcharge is added to the total fees per the fee schedule. A copy of the current fee schedule is attached. b. Upon receipt of the report and fees, the report is assigned a County Geologic Report Number. The report is reviewed and a site visit is made within 30 days of receipt of the transmittal package. COUNTY will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. Copies of review letters with comments will be sent to the CITY. c. Upon an acceptable report being obtained, a letter that includes the conclusions and recommendations of 2 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT the consultant's report, appropriate conditions of approval for the project, and a statement indicating approval of the report is prepared. Copies of the final, approved report and the letter will be transmitted to CITY and the California Division of Mines and Geology, in compliance with the Act. 3. To retain, consistent with State law, all documents submitted and documentation thereafter generated by COUNTY relating to the services performed hereunder. Section II CITY agrees: 1. To submit all necessary documentation for review to COUNTY. 2. To collect and forward to COUNTY with the documentation, the appropriate fee evidencing the cost of review. 3. That CITY shall indemnify and hold COUNTY, its officers, agents and employees free and harmless from any liability whatsoever based or asserted upon any claims arising out of the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or in anyway connected with the services contemplated by this agreement to the same extent as CITY is required to indemnify and hold its officers, agents and employees free and harmless. CITY shall defend, at its expense, including reasonable attorney 3 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT fees, COUNTY its officers, agents and employees in any claim asserted and in any legal action based upon such alleged acts or omissions. Section III It is mutually agreed as follows: 1. A11 arrangements for services hereunder shall be made between CITY of Temecula and the TLMA Chief Engineering Geologist. 2. The parties shall meet at mutually agreeable times to review performance of services and resolve any problems that may develop. 3. The term of this agreement shall commence upon execution thereof by the parties and shall terminate (no date) ; provided, however, that either party hereto may terminate this agreement by giving 30 days written notice to the other party. 4. This Agreement shall not be delegated or assigned by CITY or COUNTY, either in whole or in part. 5. This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous agreements of any kind or nature relating to the same shall be deemed to be merged herein. No alteration or variation of the terms of 4 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT this Agreement shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 6. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 7. Any notice required or authorized under this Agreement shall be in writing. If notice is given by United State mail, it shall be sent registered or certified mail, return receipt requested, addressed as follows: City of County of Riverside TLMA/Director of Planning 4080 Lemon St., 9th Flr Riverside, CA 92501 8. This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the provisions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in 5 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto. Date: FEB 2 8 2002 ATTEST: FEB 28 2002 Gerald A. Maloney Clerk of the Board By: (SEAL) Dated: 111 15161 AT City Susan Cie k w. ones, C C County of Riverside T3y : Chairperson, Board of Supervisors ROBERT A. BUSTER D:\Files\Wp\Agreement Alquist-Priolo Act.doc 6 or off Comerchero APPROVED AS TO FORM: Peter M. Thorson, City Attorney AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT 02/24 .3. �"5 APPENDIX K "SEISMIC HAZARDS MAPPING ACTEGULATIONS" 27-12 SEISMIC HAZARDS MAPPING ACT PUBLIC RESOURCES CODE DIVISION 2. Geology, Mines, and Mining Chapter 7.8. Seismic Hazards Mapping 2690. This Chapter shall be known and may be cited as the Seismic Hazards Mapping Act. 2691. The Legislature finds and declares all of the following: a) The effects of strong ground shaking, liquefaction, landslides, or other ground failure account for approximately 95 percent of economic losses caused by an earthquake. b) Areas subject to these processes during an earthquake have not been identified or mapped statewide, despite the fact that scientific techniques are available to do so. c) It is necessary to identify and map seismic hazard zones in order for cities and counties to adequately prepare the safety element of their general plans and to encourage land use management policies and regulations to reduce and mitigate those hazards to protect public health and safety. 2692. a) It is the intent of the Legislature to provide for a statewide seismic hazard mapping and technical advisory program to assist cities and counties in fulfilling their responsibilities for protecting the public health and safety from the effects of strong ground shaking, liquefaction, landslides, or other ground failure and other seismic hazards caused by earthquakes. b) It is further the intent of the Legislature that maps and accompanying information provided pursuant to this chapter be made available to local governments for planning and development purposes. c) It is further the intent of the Legislature that the California Geological Survey, in implementing this chapter, shall to the extent possible, coordinate its activities with, and use existing information generated from , the earthquake fault zones mapping program pursuant to Chapter 7.5 (commencing with Section 2621), and the inundation maps prepared pursuant to Section 8589.5 of the Government Code. 2692.1. The State Geologist may include in maps compiled pursuant to this chapter information on the potential effects of tsunami and seiche when information becomes available from other sources and the State Geologist determines the information is appropriate for use by local government. The State Geologist shall not be required to provide this information unless additional funding is provided both to make the determination and to distribute the tsunami and seiche information. 2693. As used in this chapter: a) "City" and "county" includes the City and County of San Francisco. b) "Geotechnical report" means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. c) "Mitigation" means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. d) "Project" has the same meaning as in Chapter 7.5 (commencing with Section 2621), except as follows: 1) A single-family dwelling otherwise qualifying as a project may be exempted by the City or county having jurisdiction of the project. 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx 2) "Project" does not include alterations or additions to any structure within a seismic hazard zone which do not exceed either 50 percent of the value of the structure or 50 percent of the existing floor area of the structure. e) "Commission" means the Seismic Safety Commission. f) "Board" means the State Mining and Geology Board. 2694. a) A person who is acting as an agent for a transferor of real property that is located within a seismic hazard zone, as designated under this chapter, or the transferor, if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a seismic hazard zone. b) Disclosure is required pursuant to this section only when one of the following conditions is met: 1) The transferor, or transferor's agent, has actual knowledge that the property is within a seismic hazard zone. 2) A map that includes the property has been provided to the city of county pursuant to Section 2622, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: 1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code. 2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code. d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a seismic hazard zone, the agent shall mark "Yes" on the Natural Hazard Disclosure Statement. The agent may mark "No" on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor's agents to exercise reasonable care in making a determination under this subdivision. e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the transferor: 1) Persons specified in Section 1103.11 of the Civil Code. 2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. f) For purposes of this section, Section 1103.13 of the Civil Code applies. g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. 2695. a) On or before January 1, 1992, the board, in consultation with the director and the commission, shall develop all of the following: 1) Guidelines for the preparation of maps of seismic hazard zones in the state. 2) Priorities for mapping of seismic hazard zones. In setting priorities, the board shall take into account the following factors: A) The population affected by the seismic hazard in the event of an earthquake. B) The probability that the seismic hazard would threaten public health and safety in the event of an earthquake. C) The willingness of lead agencies and other public agencies to share the cost of mapping within their jurisdiction. D) The availability of existing information. 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx 3) Policies and criteria regarding the responsibilities of cities, counties, and state agencies pursuant to this chapter. The policies and criteria shall address, but not be limited to, the following: A) Criteria for approval of a project within a seismic hazard zone, including mitigation measures. B) The contents of the geotechnical report. C) Evaluation of the geotechnical report by the lead agency. 4) Guidelines for evaluating seismic hazards and recommending mitigation measures. 5) Any necessary procedures, including, but not limited to, processing of waivers pursuant to Section 2697, to facilitate the implementation of this chapter. b) In developing the policies and criteria pursuant to subdivision (a), the board shall consult with and consider the recommendations of an advisory committee, appointed by the board in consultation with the commission, composed of the following members: 1) An engineering geologist registered in the state. 2) A seismologist. 3) A civil engineer registered in the state. 4) A structural engineer registered in the state. 5) A representative of county government, selected from a list submitted by the League of California Cities. 6) A representative of county government, selected from a list submitted by the County Supervisors Association of California. 7) A representative of regional government, selected from a list submitted by the Council of Governments. 8) A representative of the insurance industry. 9) The Insurance Commissioner. All of the members of the advisory committee shall have expertise in the field of seismic hazards or seismic safety. c) At least 90 days prior to adopting measures pursuant to this section, the board shall transmit or cause to be transmitted a draft of those measures to affected cities, counties, and state agencies for review and comment. • 2696. a) The State Geologist shall compile maps identifying seismic hazard zones, consistent with the requirements of Section 2695. The maps shall be compiled in accordance with a time schedule developed by the director and based upon the provisions of Section 2695 and the level of funding available to implement this chapter. b) The State Geologist shall, upon completion, submit seismic hazard maps compiled pursuant to subdivision (a) to the board and all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days of board review, the State Geologist shall revise the maps, as appropriate, and shall provide copies of the official maps to each state agency, city, or county, including the county recorder, having jurisdiction over lands containing an area of seismic hazard. The county recorder shall record all information transmitted as part of the public record. c) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the office of the county recorder, county assessor, and county planning agency, identifying the location of the map, any information regarding changes to the map, and the effective date of the notice. 2697. a) Cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard. If the city or county finds that no undue hazard of this kind exists, based on information resulting from studies conducted on sites in the 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx immediate vicinity of the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologic datum, or data, warranting further investigation is not recorded. Each city and county shall submit one copy of each approved geotechnical report, including the mitigation measures, if any, that are to be taken, to the State Geologist within 30 days of its approval of the report. b) In the meeting the requirements of this section, cities and counties shall consider the policies and criteria established pursuant to this chapter. If a project's approval is not in accordance with the policies and criteria, the city or county shall explain the reasons for the differences in writing to the State Geologist, within 30 days of the project's approval. 2698. Nothing in this chapter is intended to prevent cities and counties from establishing policies and criteria. which are more strict that those established by the board. 2699. Each city and county, in preparing the safety element to its general plan pursuant to subdivision (g) of Section 65302 of the Government Code, and in adopting of revising land use planning and permitting ordinances, shall take into account the information provided in available seismic hazard maps. 2699.5 a) There is hereby created the Seismic Hazards Identification Fund, as a special fund in the State Treasury. b) Upon appropriation by the Legislature, the moneys in the Strong -Motion Instrumentation and Seismic Hazards Mapping Fund shall be allocated to the division for purposes of this chapter and Chapter 8 (commencing with Section 2700). c) On and after July 1, 2004, the Seismic Hazards Identification Fund shall be known as the Strong - Motion Instrumentation and Seismic Hazards Mapping Fund. 2699.6 This chapter shall become operative on April 1, 1991. 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx SEISMIC HAZARDS MAPPING REGULATIONS CALIFORNIA CODE OF REGULATIONS Title 14. Natural Resources Division 2. Department of Conservation Chapter 8. Mining and Geology Article 10. Seismic Hazards Mapping 3720. Purpose These regulations shall govern the exercise of city, county and state agency responsibilities to identify and map seismic hazard zones and to mitigate seismic hazards to protect public health and safety in accordance with the provisions of the Public Resources Code, section 2690 et seq. (Seismic Hazards Mapping Act). Authority cited: Section 2695, Public Resources Code. Reference: Section 2695(a)(I) and (3)-(5), Public Resources Code. 3721. Definitions. a) "Acceptable Level" means that level that provides reasonable protection of the public safety, ' though it does not necessarily ensure continued structural integrity and functionality of the project. b) "Lead Agency" means the city, county or state agency with the authority to approve projects. c) "Registered civil engineer" or "certified engineering geologist" means a civil engineer or engineering geologist who is registered or certified in the State of California. Authority cited: Section 2695, Public Resources Code. Reference: Sections 2690-2696.6, Public Resources Code. 3722. Requirements for Mapping Seismic Hazard Zones a) The Department of Conservation, Division of Mines and Geology, shall prepare one of more statewide probabilistic ground shaking maps for suitably defined reference soil column. One of the maps shall show ground shaking levels which have a 10% probability of being exceeded in 50 years. These maps shall be used with the following criteria to define seismic hazard zones: 1) Amplified shaking hazard zones shall be delineated as areas where historic occurrence of amplified ground shaking, or local geological and geotechnical conditions indicate a potential for ground shaking to be amplified to a level such that mitigation as defined in Public Resources Code Section 2693(c) would be required. 2) Liquefaction hazard zones shall be delineated as areas where historic occurrence of liquefaction, or local geological, geotechnical and ground water conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required. 3) Earthquake -induced landslide hazard zones shall be delineated as areas where Holocene occurrence of landslide movement, or local slope of terrain, and geological, geotechnical and ground moisture conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required. b) Highest priority for mapping seismic hazard zones shall be given to areas facing urbanization or redevelopment in conjunction with the factors listed in section 2695(a)(2)(A), (B), (C) and (D) of the Public Resources Code. 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx Authority cited: Section 2695, Public Resources Code. Reference: Section 2695 (a) (1), Public Resources Code. 3723. Review of Preliminary Seismic Hazard Zones Maps. a) The mining and Geology Board shall provide an opportunity for receipt of public comments and recommendations during the 90 -day period for review of preliminary seismic hazard zone maps provided by the Public Resources Code Section 2696. At least one public hearing shall be scheduled for that purpose. b) Following the end of the review period, the Board shall forward its comments and recommendations, with supporting data received, to the State Geologist for consideration prior to revision and official issuance of the maps. Authority cited: Section 2696, Public Resources Code. Reference: Section 2696, Public Resources Code. 3724. Specific Criteria for Project Approval. The following specific criteria for project approval shall apply within seismic hazard zones and shall be used by affected lead agencies in complying with the provisions of the Act: a) A project shall be approved only when the nature and severity of the seismic hazards at the site have been evaluated in a geotechnical report and appropriate mitigation measures have been proposed. b) The geotechnical report shall be prepared by a registered civil engineer of certified engineering geologist, having competence in the field of seismic hazard evaluation and mitigation. The geotechnical report shall contain site-specific evaluation of the seismic hazard affecting the project, and shall identify portions of the project site containing seismic hazards. The report shall also identify off-site seismic hazards that could adversely affect the site in the event of an earthquake. The contents of the geotechnical report shall include, but shall not be limited, the following: 1) Project description. 2) A description of the geologic and geotechnical conditions at the site, including an appropriate site location map. 3) Evaluation of site-specific seismic hazards based on geological and geotechnical conditions, in accordance with current standards of practice. 4) Recommendations for appropriate mitigation measures as required in section 3724 (a), above 5) Name of report preparer(s), and signature(s) of a certified engineering geologist and/or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. c) Prior to approving the project, the lead agency shall independently review the geotechnical report to determine the adequacy of the hazard evaluation and proposed mitigation measures and to determine that the requirements of section 3724 (a), above, are satisfied. Such reviews shall be conducted by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. Authority cited: Section 2695, Public Resources Code. Reference: Section 2695(a)(3)(A), (B), and (C), Public Resources Code. 3725. Waivers of Geotechnical Report Requirements. 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx For a specific project, the lead agency may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of sites in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The lead agency shall review submitted reports in the same manner as in section 372(c) of this article. The lead agency shall also provide a written commentary that addresses the report conclusions and the justification for applying the conclusions contained in the report to the project site. When the lead agency makes such a finding, it may waive the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and the commentary, filed with the State Geologist within 30 days of the waiver. Authority cited: Section 2695, Public Resources Code. Reference: Section 2697(a)(5), Public Resources Code. 08/20/2012 v:\engr & constr manual\01.25.12 reorganized version\seismic hazards mapping act.docx APPENDIX L "HAUL ROUTE PERM CATION" L 27-13 PUBLIC WORKS DEPARTMENT Land Development Division 41000 Main Street * Temecula, CA 92590 * www.citvoftemecula.org PERMIT No.: PA No.: HAUL ROUTE PERMIT APPLICATION When soils, construction materials or debris are to be moved on public roadways from or to the site of a grading operation (or temporary stockpile site), a haul route plan shall be approved by the City Engineer in accordance with Title 18 of the City of Temecula Municipal Code, Section 18.09.060, Haul Route Requirements. APPLICANT / CONTRACTOR COMPANY NAME: MAILING ADDRESS: STATE & ZIP: COMPANY PHONE #: 24 -HR EMERGENCY #: STATE CONTRACTOR'S LICENSE No.: CITY BUSINESS LICENSE NO.: CONTACT: 24 -HR EMERGENCY #: HAUL ROUTE INFO 3 IMPORT SITE ADDRESS: EXPORT SITE ADDRESS: MATERIAL TO BE HAULED: ROUTE THROUGH TEMECULA: DATES: FROM TO HOURS: FROM To QUANTITY: (CUBIC YARDS) TYPE OF TRUCKS: NO. OF TRUCKS PER DAY: The applicant guarantees to save, indemnify and hold harmless the City of Temecula and all its agents, officers, employees and officials against all liabilities, judgments, costs and expenses which may in any manner or form arise in consequence to any work performed pursuant to this application: APPLICANT'S NAME (PRINT): TITLE: APPLICANT'S SIGNATURE: DATE: 05/10/2012 [SEE REVERSE SIDEI E:.LD Handouts Word Docs APPENDIX FILES APPENDIX C 2012 Haul Route Permit Application.docm GENERAL INFORMATION 1. A Haul Route Plan must be submitted with a Haul Route Application. The Haul Route Plan must be approved prior to issuance of a grading permit. The approved Haul Route Plan must be kept on the job site at all times. A deviation from the plan requires approval from the City. (Any portion of the haul route that is located in Riverside County or another City is subject to review and approval by that public agency.) 2. At least 24 hours before the hauling is to commence, the applicant shall notify the City. 3. Haul Route plans expire 6 months from the date the application is submitted. 4. Tracking onto City streets is prohibited and shall be prevented at all times. The contractor shall be responsible for maintaining public right-of-ways used for hauling purposes in a condition free of dust, soils and debris. Haul vehicles will comply with the freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. 5. Loading and transportation of hauled materials shall be accomplished within the time limitations established in Title 18 of the Municipal Code Section 18.06.380, Time of Operations. The City reserves the right to limit the number of trucks and hours of operation depending upon the location of the project and impacts to traffic circulation. 6. Disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement. Questions regarding the removal of construction waste or recyclable materials shall be directed to the City of Temecula's Community Development at (951) 694-6400. 7. The City may require that a security amount be submitted in cash, in a form immediately available to the City, to correct any deficiency or public safety hazard created by the hauling operation or in violation of the permit. 8. The last 50 feet of access road, as it approaches the intersection with the public roadway, shall be constructed of gravel or equivalent material to prevent mud and debris from tracking onto the public street. 9. There must be 300 feet clear unobstructed sight distance to the intersection from both the public roadway and the access road. (If this sight distance cannot be obtained, flagmen shall be posted.) 10. Advance warning signs shall be posted on the public roadway 400' on either side of the access intersection, the sign shall be a W8-6 "Trucks Crossing" with an orange background; black legend. The standard size of a W8-6 sign is 30 inches. The temporary sign shall be placed in the right of way, as approved by the City Engineer. The sign shall be placed in such a way as to avoid conflicts with pedestrians, bicycles or equestrian traffic signs shall be covered or removed when the access is not in use. 11.A temporary R1 "stop" stop sign conforming to the requirements of the 2012 California Manual of Uniform Traffic Control Devises (MUTCD) shall be posted at the entrance of the access road to the public roadway. 12.Any other necessary traffic control measures shall be used including police officers, flagmen, signs, barricades, detours, etc. Re% ked. 2 17%2012 2 of2 I2 1 1) Handouts Word Doc, ,\I'PL\I)IX FILES APPENDIX (' 2III7 Haul Route I' rtnit Application.doctn APPENDIX M "ENCROACHMENT PERMIT.A !CATION" 27-14 PUBLIC WORKS DEPARTMENT Land Development Division 41000 Main Street * Temecula, CA 92590 * www.cityoftemecula.org * PI 10111 No.: PA No.: ENCROACHMENT PERMIT APPLICATION TYPE OF ENCROACHMENT: [ 1 STREET / STORM DRAIN 1 1 SEWER / WATER 1 1 TRAFFIC SIGNAL TYPE OF SUBMITTAL: [ 1 SIGNING & STRIPING 1 1 UTILITY TRENCHING 1 1 MISCELLANEOUS (SPECIFY BELOW) THE UNDERSIGNED HEREBY APPLIES TO EXCAVATE, CONSTRUCT AND OTHERWISE ENCROACH ON CITY STREET RIGHT-OF-WAY AS FOLLOWS: NAME(S) OF STREET(S) AND/OR STREET ADDRESS: UTILITY WORK ORDER # START DATE FINISH DATE In consideration of the granting of this application all applicants including utility companies hereby agree to: 1. IF APPLICABLE, submit two (2) sets of Construction Drawings along with two (2) sets of the appropriate Traffic Control Plan along with this application at the time of submittal. See the Traffic Control Plan Checklist for details. 2. Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. (See page 2 for specific liability insurance requirements) 3. Remove or relocate an encroachment installed or maintained under this permit, upon written notice from the City Engineer. 4. Notify the Land Development Inspection Division (951-308-6395) at least two (2) working days prior to commencing construction. Hold a pre -construction meeting prior to the start of construction for major improvements. The developer or general contractor will be responsible for the timely request of inspections. 5. Comply with the Standard Specifications and the most current Improvement Standard Drawings for Public Works Construction, Municipal Code Chapters 13.04 and 18.12, the terms and conditions of the permit and all applicable rules and regulations for the City of Temecula and other public agencies having jurisdiction. LIABILITY INSURANCE REQUIREMENTS PROVIDE PROOF OF INSURANCE COVERAGE MEETING THE REQUIREMENTS STATED BELOW OR A CITY ATTORNEY APPROVED EQUIVALENT WITH THE CITY NAMED AS ADDITIONAL INSURED. IN THE EVENT THAT THE INSURANCE IS PROVIDED BY THE CONTRACTOR, THE CITY AND THE OWNER/DEVELOPER MUST BE NAMED AS ADDITIONAL INSURED. ENCROACHMENT PERMITS WILL NOT BE ISSUED WITHOUT THE PROPER INSURANCE. THIS REQUIREMENT SHALL BE MET BY EITHER THE APPLICANT (DEVELOPER, OWNER, PUBLIC UTILITY AGENCY OR FRANCHISE) OR BY THE CONTRACTOR PERFORMING THE SUBJECT WORK, PRIOR TO BEGINNING ANY OF THE WORK PROPOSED UNDER THE SUBJECT ENCROACHMENT PERMIT. 05/14/2012 e:11d handouts word docs\appcndix files12012 encroachment permit application.doc Proof of coverage shall be by certificate (Accord or equivalent) naming the City of Temecula as certificate holder and the minimum coverage shall be per Section 7-3 "Liability Insurance", Standard Specifications for Public Works Construction, most current edition. The minimum limits of the insurance are as follows: a) 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. b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. c) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. d) Course of Construction: Completed value of the project. The exceptions to this requirement are property owners doing work on their own properties. When submitting an encroachment permit application, the property owner must adjoin their proof of appropriate public liability and property damage insurance, homeowner's insurance, with the following minimum limits: BODILY INJURY $250,000.00 $500,000.00 $500,000.00 EACH PERSON EACH OCCURRENCE AGGREGATE PRODUCTS AND COMPLETED OPERATIONS PROPERTY DAMAGE $100,000.00 EACH OCCURRENCE $250,000.00 AGGREGATE PRODUCTS AND COMPLETED OPERATIONS A COMBINED SINGLE LIMIT POLICY WITH AGGREGATE LIMITS IN THE AMOUNT OF $1,000,000.00 WILL BE CONSIDERED EQUIVALENT TO THE REQUIRED MINIMUM LIMITS. The undersigned applicant and/or contractor states that he has read the conditions on this application, and agrees to meet these conditions, including provision of required liability insurance or a City Attorney approved equivalent, and acknowledges that this application will be made a part of the encroachment permit: APPLICANT (THIS SECTION MUST BE COMPLETED) COMPANY NAME: MAILING ADDRESS: CONTACT: PHONE #: E-MAIL: I HEREBY WARRANT AND REPRESENT TO THE CITY THAT I AM AUTHORIZED TO EXECUTE THIS PERMIT APPLICATION ON BEHALF OF THE PERMITTEE AND BIND THE PERMITTEE TO THE AGREEMENTS CONTAINED HEREIN AND ANY CONDITIONS OF THE PERMIT. AUTHORIZED SIGNATURE: DATE APPLIED: CONTRACTOR'S INFORMATION COMPANY NAME: MAILING ADDRESS: CONTACT: PHONE #: 24 -HR EMERGENCY #: STATE CONTRACTOR'S LICENSE #: CLASS: CITY BUSINESS LICENSE #: 05/14/2012 c: Id handouts word docs\appendix filess2012 encroachment permit application.doc APPENDIX N "TRAFFIC CONTROL PLAN GUIDE R � GENERAL NOTES" 27-15 TRAFFIC CONTROL PLAN CHECKLIST The basic objective of each traffic control plan (TCP) is to permit the contractor to work within the public right of way efficiently and effectively while maintaining a safe, uniform flow of traffic. The construction work and the public traveling through the work zone in vehicles, bicycles or as pedestrians must be given equal consideration when developing a traffic control plan. A TCP shall be required for all work performed within the public right-of-way. Each traffic control plan shall be developed consistent with the Manual on Uniform Traffic Control Devices (MUTCD), as specified in the Guidelines below. The information included on a traffic control plan will vary depending upon the complexity of the project, the volume of traffic affected and the roadway geometrics where the construction is being performed. The TCP must clearly depict the exact sequence of the construction operations, the construction to be performed, and the traveled way that will be utilized by all movements of traffic during each phase of construction. Multiple phases of construction will require a separate traffic control plan for each different construction phase or operation The purpose of our Guidelines is to ensure that all of the basic elements of traffic control are included on the plan and are clear to the reviewers and implementers in the field and to facilitate processing and archiving of the documents. This will help expedite the plan review process. Following the submittal of traffic control plans, all submittals deemed complete shall be reviewed within three (3) weeks. A traffic control plan that does not include each of the appropriate elements listed below will be deemed incomplete and returned for revision and re -submittal. Traffic control plans shall be submitted in a timely manner to allow for the specified review period. It is important to note that each TCP must be developed specific to the actual construction work zone location. Approved traffic control plan will be reviewed at the pre -construction conference. TRAFFIC CONTROL PLAN CRITERIA • Follow City Guidelines, see below • Include City General Notes on TCP, with Revision Date, see below • Include City Signature Block (scale to approximately 5x2" to allow space for signatures) Revised on 11/28/11 CITY OF TEMECULA RECOMMENDED BY DATE: ACCEPTED BY GREG BUTLER DIRECTOR OF PUBLIC WORKS/CITY ENGINEER R.C.E. NO. 47109 DATE TRAFFIC CONTROL PLAN GUIDELINES 1. TCP shall be drawn on 24" x 36", unless otherwise approved by the Department of Public Works. TCP's prepared for work occurring on streets shown on the Circulation Element of the General Plan shall be: • Prepared to scale on 24" x 36" plan sheets, • Signed and Stamped by a Registered Civil Engineer or Registered Traffic Engineer, Submitted in AutoCAD (DXF or DWG) or other Traffic Division approved electronic format, • Final submission on bond paper, unless otherwise approved by the Department of Public Works (PW), in advance. 2. TCP must use legible lettering and clear, contrasting, symbols for viewing or printing. 3. In some cases, where field conditions match exactly, a Standard Template as shown on our the City web site in the Improvement Standard Drawings web page may be used, in lieu of a custom TCP, as approved by the Director of Public Works. 4. Indicate contractor's name, address, and telephone number. Include name and telephone number of the 24-hour contact person representing the contractor. 5. Indicate north arrow and scale, unless otherwise approved by the Department of Public Works. 6. Show all nearby streets with street names to assure proper orientation. 7. Show existing traffic signals and regulatory signs within the work area and affected construction zone. 8. Show existing striping, pavement markings, painted crosswalks, and bike lanes area within the work area and affected construction zone. 9. Show existing curbs, gutters, sidewalks, driveways and intersections in the construction work zone including areas affected by taper transition. 10. Dimension all existing striping and proposed traffic control area within the work area and affected construction zone. 11. Indicate posted speed limits. 12. Show location and dimensions of the construction work zone. 13. Show staging area and materials storage area, as appropriate. 14. Indicate location of construction signs, barricades, and delineators. 15. Label all taper lengths and widths, delineator spacing and sign spacing. (Spacing of channelizing devices should not exceed 25' for speeds under 55 MPH.) 16. Use a legend to define all signs and symbols and designate them with MUTCD nomenclature. 17. Show existing and proposed temporary parking restriction zones and signs, as needed, within the work area. 18. Road closures will require approval from the Director of Public Works and the City Council. 19. Signs and barricades will be required to direct pedestrians through or around the construction work zone and shall be shown on the TCP. 20. Indicate the encroachment permit number or improvement plan number on the traffic control plan. 21.Indicate on the plan the duration of the construction work and subsequent traffic control (include type of work and estimated start date, as appropriate). 22. Please reference the revision date of the "TRAFFIC CONTROL PLAN GUIDELINES" document to ensure that you are using the latest edition. Revised on 11/28/11 GENERAL NOTES 1. All traffic control devices shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (California MUTCD) and the Standard Specifications for Public Works Construction. 2. The City Engineer or his representative has the authority to initiate field changes to assure public safety. 3. All traffic control devices shall be removed from view when not in use. 4. Work hours shall be restricted to the period between 8:30 a.m. and 3:30 p.m., Monday through Friday, unless approved otherwise. When night work is required, work hours shall be 9 p.m. to 5 a.m., Sunday through Thursday. 5. Trenches must be back filled or plated during non -working hours. 6. Pedestrian controls shall be provided as shown on the plans. 7. Temporary "NO PARKING" signs will be posted 24 hours prior to commencing work. 8. Access to driveways will be maintained at all times unless other arrangements are made. 9. The contractor shall replace within 72 hours, all traffic signal loop detectors damaged during construction. 10. The contractor shall replace within 24 hours, all striping removed or damaged by construction work. (Striping may be replaced temporarily with tape.) 11.AII Workers shall be equipped with an orange vest (or a reflective vest at night). All flaggers shall also be equipped with a hard hat, C28 "Stop/Slow" paddle and shall be trained in the proper fundamentals of flagging traffic. 12. Any work that disturbs normal traffic signal operations shall be coordinated with the City of Temecula's Traffic Division, 48 hours prior to beginning construction. Contact the City's Traffic Division at (951) 694 -6411. 13. The contractor shall maintain all traffic control devices 24 hours per day and 7 days per week. 14.A minimum of twelve (12) foot travel lanes must be maintained unless otherwise approved by the Department of Public Works. 15. Alt night work will require written approval from the Department of Public Works. Lane closures, road detours, road closures, and traffic signal modifications associated with overnight construction activities will require warning signs be placed at least one week in advance of starting construction. 16. A solar powered flashing arrow board shall be required on all arterial street lane closures. Revised on 11/28/11 APPENDIX 0 "CONTENT OF A CONS ON PLAN" DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION "CONTENT OF A CONSTRUCTION PLAN" Construction plans shall be submitted on a standard 24" x 36" (D size) bond copy for review and shall include the City's standard title block and applicable standard notes. The content of a construction plan shall generally include: 1. Title Sheet. a. Contact information for the applicant, owner and civil engineer. b. Contact information for the 24-hour contact person responsible for the site. c. Legend, north arrow, bar scale, vicinity map. d. Benchmark information. e. Planning Application (PA) number and project name, if applicable. f. Date and source of topography. g. All standard construction notes. h. Summary of itemized construction item with quantities and units also shown on each sheet. 2. The engineering scale of the plan shall not exceed 1" = 40'. 3. The lettering size on the plan shall be a minimum of 0.10". 4. The plan shall be oriented so that the "North Arrow" is specified at the top right side of each page. 5. All existing and proposed items on the construction plan shall be drawn to scale and clearly defined. This includes curbs, sidewalks, striped lanes and centerlines. 6. Show and label all right-of-way lines. 7. Show location and label all existing and proposed fire hydrants. 8. Show details (plan and section) of all surface and underground drainage devices and other protective devices to be constructed with or as part of the proposed work and the calculated runoff of the area served by any drain and the calculated carrying capacity of such drains. 9. Show location and dimension of all proposed public improvements. 10. Show location and label all known existing utilities (water, sewer, etc.). 11. Show location and label all known existing and proposed natural and man-made drainage and flood control facilities. 12. Show location and label all existing trees that will be impacted by construction. 13. Show location of existing vegetation types and the location and type of vegetation to be left undisturbed. 14. Show typical cross sections (streets, storm drain, utilities, etc.). 15. Any additional plans, drawings, calculations or other reports required by the City. 09.12.12 Content of a Const Plan.doc APPENDIX P "CALIFORNIA BUILDING CODE' IX J - GRADING" 27-17 APPENDIX J GRADING The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION J101 GENERAL J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. J101.2 Flood hazard areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in floodways within flood haz- ard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood. SECTION J102 DEFINITIONS J102.1 Definitions. For the purposes of this appendix chapter, the terms, phrases and words listed in this section and their derivatives shall have the indicated meanings. BENCH. A relatively level step excavated into earth material on which fill is to be placed. COMPACTION. The densification of a fill by mechanical means. CUT. See Excavation. DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice. EXCAVATION. The removal of earth material by artificial means, also referred to as a cut. FILL. Deposition of earth materials by artificial means. GRADE. The vertical location of the ground surface. GRADE, EXISTING. The grade prior to grading. GRADE, FINISHED. The grade of the site at the conclusion of all grading efforts. GRADING. An excavation or fill or combination thereof. KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope. SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes. SECTION J103 PERMITS REQUIRED J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the building official. A grading permit does not include the construction of retaining walls or other structures. J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating, processing or stockpil- ing rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. SECTION J104 PERMIT APPLICATION AND SUBMITTALS J104.1 Submittal requirements. In addition to the provisions of Section 105.3, the applicant shall state the estimated quanti- ties of excavation and fill. J104.2 Site plan requirements. In addition to the provisions of Section 107, a grading plan shall show the existing grade and fin- ished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it com- plies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to iden- tify how grade changes will conform to the requirements of this code. 2010 CALIFORNIA BUILDING CODE 715 APPENDIX J J104.3 Geotechnical report. A geotechnical report prepared by a registered design professional shall be provided. The report shall contain at least the following: 1. The nature and distribution of existing soils; 2. Conclusions and recommendations for grading proce- dures; 3. Soil design criteria for any structures or embankments required to accomplish the proposed grading; and 4. Where necessary, slope stability studies, andrecommen- dations and conclusions regarding site geology. Exception: A geotechnical report is not required where the building code official determines that the nature of the work applied for is such that a report is not necessary. J104.4 Liquefaction study. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (S,) greater than 0.5g as determined by Section 1613, a study of the liquefaction potential of the site shall be provided, and the recommendations incorporated in the plans. Exceptions: 1. A liquefaction study is not required where the build- ing official determines from established local data that the liquefaction potential is low. 2. [OSHPD 1, 2, & 4] Exception 1 not permitted by OSHPD. SECTION J105 INSPECTIONS J105.1 General. Inspections shall be governed by Section 109, 11 Chapter 1, Division II of this code. J105.2 Special inspections. The special inspection require- ments of Section 1704.7 shall apply to work performed under a grading permit where required by the building official. SECTION J106 EXCAVATIONS J106.1 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than two units horizontal to one unit vertical (50 -percent slope) unless the owner or authorized agent furnishes a geotechnical report justifying a steeper slope. Exceptions: 1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to one unit vertical (67 -percent slope) provided that all of the following are met: 1.1. It is not intended to support structures or sur- charges. 1.2. It is adequately protected against erosion. 1.3. It is no more than 8 feet (2438 mm) in height. 1.4. It is approved by the building code official. 1.5. Ground water is not encountered. 716 2. A cut surface in bedrock shall be permitted to be at a slope of one unit horizontal to one unit vertical (100 -percent slope). J106.2 Earth Retaining Shoring. [OSHPD I & 4] J106.2.1 General. The requirements of this section shall apply to temporary and permanent earth retaining shoring using soldier piles and lagging with or without tie -back anchors in soil or rock, only when existing or new OSHPD 1 or 4 facilities are affected. Shoring used as construction means and methods only, which does not affect existing or new OSHPD 1 or 4 facilities, are not regulated by OSHPD and shall satisfy the requirements of the authorities having jurisdiction. Design, construction, testing and inspection shall satisfy the requirements of this code except as modified in Sections J106.2.2 through J106.2.8. J106.2.2 Duration. Shoring shall be considered temporary when elements of the shoring will be exposed to site condi- tions fora period of less than one (1) year, and shall be con- sidered permanent otherwise. Permanent shoring shall account for the increase in lateral soil pressure due to earth - quake. At the end of the construction period, the existing and new structures shall not rely on the temporary shoring for support in anyway. Wood components shall not be used for permanent shoring lasting more than two (2) years. Wood components of the temporary shoring that may affect the performance of pennanent structure shall be removed after the shoring is no longer required. All components of the shoring shall have corrosion pro- tection or preservative treatment for their expected dura- tion. Wood components of the temporary shoring that will not be removed shall be treated in accordance with AWPA Ul (Commodity Specification A, Use Category 4B and Sec- tion 5.2), and shall be identified in accordance with Section 2303.1.8.1. 1106.2.3 Surcharge. Surcharge pressure due to footings, traffic or other sources shall be considered in design. If the footing surcharge is located within the semicircular distri- bution or bulb of earth pressure (when shoring is located close to a footings), lagging shall be designed for lateral earth pressure due to footing surcharge. Soil arching effects may be considered in the design of lagging. Underpinning of the footing may be used in lieu of designing the shoring and lagging for surcharge pressure. Alternatively, continu- ously contacting drilled pier shafts near the footings shall be permitted. The lateral surcharge design pressure shall be derived using Boussinesq equations modified for the distri- bution of stresses in an elastic medium due to a uniform, concentrated or line surface load as appropriate and soil arching effects. 1106.2.4 Design and testing. Except for the modifications as set forth in Sections J106.2.4.1 and J106.2.4.2 below, all prestressed rock and soil tie -back anchors shall be designed and tested in accordance with PTI Recommendations for Prestressed Rock and Soil Anchors (PTI -2004). 2010 CALIFORNIA BUILDING CODE 1106.2.4.1 Geotechnical requirements. The geotechnical report for the earth retaining shoring shall address the following: 1. Minimum diameter and minimum spacing for the anchors including consideration of group effects. 2. Maximum unbonded length and minimum bonded length of the tie -back anchors. 3. Maximum recommended anchor tension capac- ity based upon the soil or rock strength/grout bond and anchor depth/spacing. 4. Allowable bond stress at the ground /grout inter- face and applicable factor of safety for ultimate bond stress for the anchor. For permanent anchors, a minimum factor of safety of 2.0 shall be applied to ground soil interface as required by PTI -2004 Section 6.6. 5. Minimum grout pressure for installation and postgrout pressure for the anchor. The presump- tive postgrout pressure of 300 psi may be used for all soil type. 6. Class 1 Corrosion Protection is required for all permanent anchors. The geotechnical report shall specify the corrosion protection recom- mendations for temporary anchors. 7. Performance test for the anchors shall be at a minimum of two (2) times the design loads and shall not exceed 80 percent of the specified mini- mum tensile strength of the anchor rod. A creep test is required for all prestressed anchors that are performance tested All production anchors shall be tested at 150 percent of design loads and shall not be greater than 70 percent of the speci- fied minimum tensile strength of the anchor rod. 8. Earth pressure, surcharge pressure and the seis- mic increment of earth pressure loading, when applicable. 9. Maximum recommended lateral deformation at the top of the soldier pile, at the tie -back anchor locations and the drilled pier concrete shafts at the lowest grade level. 10. Allowable vertical soil bearing pressure, friction resistance and lateral passive soil resistance for the drilled pier concrete shafts and associated factors of safety for these allowable capacities. 11. Soil pier shaft/pile interaction assumptions and lateral soil stiffness to be used in design for drilled pier concrete shaft or pile lateral loads. 12. Acceptable drilling methods. 13. Geotechnical observation and monitoring rec- ommendations. J106.2.4.2 Structural requirements: 1. Tendons shall be thread -bar anchors conforming to ASTM A 722. APPENDIX J 2. Anchor design loads shall be based upon the load combinations in Section 1605A.3. 1 and shall not exceed 60 percent of the specified minimum tensile strength of the tendons. 3. The anchor shall be designed to fail in grout bond to the soil or rock before pullout of the soil wedge. 4. Design of shoring system shall account for as -built locations of soil anchors considering all specified construction tolerances in Section J106.2.8. 5. Design of shoring system shall account for both short and long term deformation. 1106.2.4.3 Testing of tie -back anchors: 1. The geotechnical engineer shall keep a record at job site of all test loads and total anchor move- ment, and report their accuracy. 2. If a tie -back anchor initially fails the testing requirements, the anchor shall be permitted to be regrouted and retested. If anchor continues to fail, the followings steps shall be taken: a. The contractor shall determine the cause of failure - variations of the soil conditions, installation methods, materials, etc. b. Contractor shall propose a solution to rem- edy the problem. The proposed solution will need to be reviewed and approved by the geotechnical engineer, shoring design engi- neer and building official. 3. After a satisfactory test, each anchor shall be locked off in accordance with Section 8.4 of PTI 2004. 4. The shoring design engineer shall specify design loads for each anchor. J106.2.5 Construction. The construction procedure shall address the following: 1. Holes drilled for piles/tie-back anchors shall be done without detrimental loss of ground, sloughing or caving of materials and without endangering previously installed shoring members or existing foundations. 2. Drilling of earth anchor shafts for tie -backs shall occur when the drill bench reaches two to three feet below the level of the tie -back pockets. 3. Casing or other methods shall be used where neces- sary to prevent loss of ground and collapse of the hole. 4. The drill cuttings from earth anchor shaft shall be removed prior to anchor installation. 5. Unless tremie methods are used, all water and loose materials shall be removed from the holes prior to installing piles/tie-backs. 6. Tie -back anchor rods with attached centralizing devices shall be installed into the shaft or through the drill casing. Centralizing device shall not restrict movement of the grout. 2010 CALIFORNIA BUILDING CODE 717 APPENDIX J 7. After lagging installation, voids between lagging and soil shall be backfilled immediately to the full height of lagging. 8. The soldier piles shall be placed within specified tol- erances in the drilled hole and braced against dis- placement during grouting. Fill shafts with concrete up to top of footing elevation, rest of the shaft can generally be filled with lean concrete. Excavation for lagging shall not be started until concrete has achieved sufficient strength for all anticipated loads as determined by the shoring design engineer. 9. Where boulders and/or cobbles have been identified in the geotechnical reports, contractor shall be pre- pared to address boulders and/or cobbles that may be encountered during the drilling of soldier piles and tie -back anchors. 10. The grouting equipment shall produce grout free of lumps and indispensed cement. The grouting equip- ment shall be sized to enable the grout to be pumped in continuous operation. The mixer shall be capable of continuously agitating the grout. 11. The quantity of grout and grout pressure shall be recorded. The grout pressure shall be controlled to prevent excessive heave in soils or fracturing rock formations. 12. If postgrouting is required, postgrouting operation shall be performed after initial grout has set for 24 -hours in the bond length only. Tie -backs shall be grouted over a sufficient length (anchor bond length) to transfer the maximum anchor force to the anchor grout. 13. Testing of anchors may be performed after postgrouting operations provided grout has reached strength of 3,000 psi as required by PTI -2004 Section 6.11. 14. Anchor rods shall be tensioned straight and true. Excavation directly below the anchors shall not continue before those anchors are tested. J106.2.6 Inspection, survey monitoring and observation. 1. The shoring design engineer or his designee shall make periodic inspections of the job site for the pur- pose of observing the installation of shoring system, testing of tie -back anchors and monitoring of sur- vey. 2. Testing, inspection and observation shall be in accordance with testing, inspection and observa- tion requirements approved by the building official. The following activities and materials shall be tested, inspected, or observed by the special inspec- tor and geotechnical engineer: a. Sampling and testing of concrete in soldier pile and tie -back anchor shafts b. Fabrication of tie -back anchor pockets on soldier beams c. Installation and testing of tie -back anchors 718 d. Survey monitoring of soldier pile and tie -back load cells e. Survey monitoring of existing buildings 3. A complete and accurate record of all soldier pile locations, depths, concrete strengths, tie -back loca- tions and lengths, tie -back grout strength, quantity of concrete per pile, quantity of grout per tie -back and applied tie -back loads shall be maintained by the special inspector and geotechnical engineer. The shoring design engineer shall be notified of any unusual conditions encountered during installation. 4. Calibration data for each test jack, pressure gauge and master pressure gauge shall be verified by the special inspector and geotechnical engineer. The calibration tests shall be performed by an independ- ent testing laboratory and within 120 calender days of the data submitted. 5. Monitoring points shall be established at the top and at the anchor heads of selected soldier piles and at intermediate intervals as considered appropriate by the geotechnical engineer. 6. Control points shall be established outside the area of influence of the shoring system to ensure the accuracy of the monitoring readings. 7. The periodic basis of shoring monitoring, as a minumum, shall be as follows: a. Intitial monitoring shall be performed prior to any excavation. b. Once excavation has begun, the periodic readings shall be taken weekly until excava- tion reaches the estimated subgrade eleva- tion and the permanent foundation is complete. c. If performance of the shoring is within established guidelines, shoring design engi- neer may permit the periodic readings to be bi-weekly. Once initiated, bi-weekly read- ings shall continue until the building slab at ground floor level is completed and capable of transmitting lateral loads to the perma- nent structure. Thereafter, readings can be monthly. d Where the building has been designed to resist lateral earth pressures, the periodic monitoring of the soldier piles and adjacent structure can be discontinued once the ground ,floor diaphragm and subterranean portion of the structure is capable of resist- ing lateral soil loads and approved by the shoring design engineer, geotechnical engi- neer and building official. e. Additional readings shall be taken when requested by the special inspector, shoring design engineer, geotechnical engineer or building official. 2010 CALIFORNIA BUILDING CODE 8. Monitoring reading shall be submitted to the shor- ing design engineer, engineer in responsible charge, and the building official within three work- ing days after they are conducted. Monitoring read- ings shall be accurate to within 0.01 feet. Results are to be submitted in tabular form showing at least the intial date of monitoring and reading, current moni- toring date and reading and difference between the two readings. 9. Ow total cummulative horizontal or vertical move- ment (from start of construction) of the existing buildings reaches 1/2inch or soldier piles reaches 1 inch all excavation activities shall be suspended. The geotechnical and shoring design engineer shall determine the cause of movement, if any, and recom- mend corrective measures, if necessary, before excavation continues. 10. If the total cummulative horizontal or vertical move- ment (from start of construction) of the existing buildings reaches 3/4 inch or soldier piles reaches 11/2 inches all excavation activities shall be sus- pended until the causes, if any, can be determined. Supplemental shoring shall be devised to eliminate further movement and the building official shall review and approve the supplemental shoring before excavation continues. 11. Monitoring of tie -back anchor loads: a. Load cells shall be installed at the tie -back heads adjacent to buildings at maximum interval of 50 feet, with a minimum of one load cells per wall. b. Load cell readings shall be taken once a day during excavation and once a week during the remainder of construction. c. Load cell readings shall be submitted to the geotechnical engineer, shoring design engi- neer, engineer in responsible charge and the building official. d. Load cell readings can be terminated once the temporary shoring no longer provides support for the buildings. J106.2.7 Monitoring of existing OSHPD 1 and 4 struc- tures. 1. The contractor shall complete a written and photo- graphic log of all existing OSHPD 1 and 4 structures within 100 feet or three times depth of shoring, prior to construction. A licensed surveyor shall document all existing substantial cracks in adjacent existing structures. 2. Contractor shall document existing condition of wall cracks adjacent to shoring walls prior to start of con- struction. 3. Contractor shall monitor existing walls for movement or cracking that may result from adjacent shoring. APPENDIX J 4. If excessive movement or visible cracking occurs, contractor shall stop work and shore/reinforce exca- vation and contact shoring design engineer and the building official. 5. Monitoring of the existing structure shall be at rea- sonable intervals as required by the registered design professional subject to approval of the building offi- cial. Monitoring shall be performed by a licensed sur- veyor and shall consist of vertical and lateral movement of the existing structures. Prior to starting shoring installation a preconstruction meeting shall take place between the contractor, shoring design engineer, surveyor, geotechnical engineer and the building official to identify monitoring locations on existing buildings. 6. If in the opinion of the building official or shoring design engineer, monitoring data indicate excessive movement or other distress, all excavation shall cease until the geotechnical engineer and shoring design engineer investigates the situation and makes recom- mendations for remediation or continuing. 7. All reading and measurements shall be submitted to the building official and shoring design engineer. 1106.2.8 Tolerances. Following tolerances shall be speci- fied on the construction documents. 1. Soldier piles: i, Horizontal and vertical construction toler- ances for the soldier pile locations. ii. Soldier pile plumbness requirements (angle with vertical line). 2. Tie -back anchors: i. Allowable deviation of anchor projected angle from specified vertical and horizontal design projected angle. ii. Anchor clearance to the existing/new utilities and structures. SECTION J107 FILLS J107.1 General. Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this section. J107.2 Surface preparation. The ground surface shall be pre- pared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to provide a bond with the fill material. J1073 Benching. Where existing grade is at a slope steeper than five units horizontal to one unit vertical (20 -percent slope) and the depth of the fill exceeds 5 feet (1524 mm) benching shall be provided in accordance with Figure J107.3. A key shall be pro- vided which is at least 10 feet (3048 mm) in width and 2 feet (610 mm) in depth. 2010 CALIFORNIA BUILDING CODE 719 APPENDIX J • TOP OF FILL • • r • 1 For SI: 1 foot = 304.8 mm. -1 - 5 FT (1524 mm) OR GREATER H/5 but 2 ft. (610 mm) minimum and need not exceed 20 ft. (6096 mm) maximum For SI: 1 foot = 304.8 mm. 720 Natural or Finish Grade Property Line }2FT.(610mm) JJJ MINIMUM FILL SLOPE z. NATURAL SLOPE � I FIGURE J107.3 BENCHING DETAILS REMOVE UNSUITABLE MATERIAL H/5 but 2 ft. (610 mm) minimum and need not exceed 10 ft. (3048 mm) maximum Top of Slope Cut or Fill Slope Top of Slope Property Line FIGURE J108.1 DRAINAGE DIMENSIONS Natural or Finish Grade Interceptor Drain (if required) 2010 CALIFORNIA BUILDING CODE J107.4 Fill material. Fill material shall not include organic, frozen or other deleterious materials. No rock or similar irre- ducible material greater than 12 inches (305 mm) in any dimen- sion shall be included in fills. J107.5 Compaction. All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth. 1 1 [DSA -SS, DSA-SSICC & OSHPD 1, 2 & 41 This section establishes minimum requirements only. J107.6 Maximum slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than two units horizontal to one unit vertical (50 -percent slope) shall be justified by a geotechnical report or engineering data. SECTION J108 SETBACKS J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimen- sions shall be measured perpendicular to the property line and shall be as shown in Figure 3108.1, unless substantiating data is submitted justifying reduced setbacks. J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater. J108.3 Slope protection. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grad- ing, additional protection, approved by the building official, shall be included. Such protection may include but shall not be limited to: 1. Setbacks greater than those required by Figure J108.1. 2. Provisions for retaining walls or similar construction. 3. Erosion protection of the fill slopes. 4. Provision for the control of surface waters. SECTION J109 DRAINAGE AND TERRACING J109.1 General. Unless otherwise recommended by a regis- tered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 hori- zontal to 1 vertical (33 percent). J109.2 Terraces. Terraces at least 6 feet (1829 mm) in width shall be established at not more than 30 -foot (9144 mm) verti- cal intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for clean- ing and maintenance. Where more than two terraces are required, one terrace, located at approximately mid -height, shall be at least 12 feet (3658 mm) in width. APPENDIX J Swales or ditches shall be provided on terraces. They shall have a minimum gradient of 20 horizontal to 1 vertical (5 per- cent) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the appli- cation. They shall have a minimum depth of 12 inches (305 mm) and a minimum width of 5 feet (1524 mm). A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m2) (pro- jected) without discharging into a down drain. J109.3 Interceptor drains. Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the building official, but shall not be less than 50 horizontal to 1 vertical (2 percent). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the building official. J109.4 Drainage across property lines. Drainage across property lines shall not exceed that which existed prior to grad- ing. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installa- tion of nonerosive down drains or other devices. SECTION J110 EROSION CONTROL J110.1 General. The faces of cut and fill slopes shall be pre- pared and maintained to control erosion. This control shall be permitted to consist of effective planting. Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion -resis- tant character of the materials. Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection. J110.2 Other devices. Where necessary, check dams, crib- bing, riprap or other devices or methods shall be employed to control erosion and provide safety. ASTM D 1557-e01 SECTION J111 REFERENCED STANDARDS Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort [56,000 ft-lb/ft3 (2,700kN-m/m3)]. 3107.6 2010 CALIFORNIA BUILDING CODE 721 APPENDIX Q "CALIFORNIA FIRE CODE S 5 AND 14" Afr (as( Depart t for the latest version.) 27-18 CHAPTER 5 FIRE SERVICE FEATURES SECTION 501 GENERAL 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter. 501.2 Permits. A permit shall be required as set forth in Sec- tions 105.6 and 105.7. 501.3 Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made service- able prior to and during the time of construction except when approved alternative methods of protection are provided. Tem- porary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehi- cles in accordance with Section 505.2. SECTION 502 DEFINITIONS 502.1 Definitions. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein. FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. FIRE COMMAND CENTER. The principal attended or unattended location where the status of the detection, alarm communications and control systems is displayed, and from which the system(s) can be manually controlled. FIRE DEPARTMENT MASTER KEY. A limited issue key of special or controlled design to be carried by fire department officials in command which will open key boxes on specified properties. FIRE LANE. A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus. KEY BOX. A secure device with a lock operable only by a fire department master key, and containing building entry keys and other keys that may be required for access in an emergency. 2010 CALIFORNIA FIRE CODE SECTION 503 FIRE APPARATUS ACCESS ROADS 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies. 503.1.2 Additional access. The fire code official is autho- rized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 503.13 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 23. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. (California Code of Regulations, Title 19, Division 1, §3.05(a)] Fire Department Access and Egress. (Roads) (a) Roads. Required access roads from every building to a public street shall be all-weather hard -surfaced (suitable for use by fire apparatus) right-of-way not less than 20 feet (6096 mm) in width. Such right-of-way shall be unob- structed and maintained only as access to the public street. Exception: The enforcing agency may waive or modify this requirement if in his opinion such all-weather hard - surfaced condition is not necessary in the interest of pub- lic safety and welfare. JULY 1, 2012 SUPPLEMENT 73 FIRE SERVICE FEATURES 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed verti- cal clearance of not less than 13 feet 6 inches (4115 mm), 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accor- dance with AASHTO HB -17. Bridges and elevated sur- faces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by thefire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by thefire code official based on the fire department's apparatus. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. 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 pro- vided 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 condi- tion at all times and be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads. Fire appa- ratus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, con- structed and installed to comply with the requirements of ASTM F 2200. 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved man- ner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and thefire code official. Exception: The restriction on use shall not apply to pub- lic officers acting within the scope of duty. 503.5.2 Fences and gates. School grounds may be fenced and gates therein may be equipped with locks, provided that safe dispersal areas based on 3 square feet (0.28 m2) per occupant are located between the school and the fence. Such required safe dispersal areas shall not be located less than 50 feet (15 240 mm) from school buildings. Every public and private school shall conform with Sec- tion 32020 of the Education Code, which states: The governing board of every public school district, and the governing authority of every private school, which maintains any building used for the instruction or housing of school pupils on land entirely enclosed (except for build- ing walls) by fences of walls, shall, through cooperation with the local law enforcement and fire protection agencies having jurisdiction of the area, make provision for the erec- tion of gates in such fences or walls. The gates shall be of sufficient size to permit the entrance of the ambulances, police equipment and fire fighting apparatus used by the law enforcement and fire -protection agencies. There shall be no less than one such access gate and there shall be as many such gates as needed to assure access to all major buildings and ground areas. If such gates are to be equipped with locks, the locking devices shall be designed to permit ready entrance by the use of the chain or bolt -cutting devices with which the local law enforcement and fire -pro- tection agencies may be equipped. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic opera- tion shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1 Required access. Exterior doors and openings required by this code or the California Building Code shall be main- tained readily accessible for emergency access by the fire 74 JULY 7, 2012 SUPPLEMENT 2010 CALIFORNIA FIRE CODE department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. [California Code of Regulations, Title 19, Division 1, §3.05(b)] Fire Department Access and Egress. (Roofs) (b) Roofs. No person shall install or maintain any security barrier such as barbed wire fencing, razor wire fencing, chain link fencing or any other fencing material, cable, aerial, antenna or other obstruction on the roof of any com- mercial establishment in such a manner as to obstruct or render egress or access hazardous in the event of fire or other emergency. Exception: Guy wire, rods and aerial antenna masts may be attached to a roof structure having a slope of less than 30 degrees provided there is full clearance of seven feet or more between the roof and said obstruction. Guy wire or rods required to support aerial or antenna masts may be attached to a roof structure a lateral distance from the mast not in excess of one-sixth the height of the mast. 504.2 Maintenance of exterior doors and openings. Exterior doors and their function shall not be eliminated without prior approval. Exterior doors that have been rendered nonfunc- tional and that retain a functional door exterior appearance shall have a sign affixed to the exterior side of the door with the words THIS DOOR BLOCKED. The sign shall consist of let- ters having a principal stroke of not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152 mm) high on a contrasting back- ground. Required fire department access doors shall not be obstructed or eliminated. Exit and exit access doors shall com- ply with Chapter 10. Access doors for high -piled combustible storage shall comply with Section 2306.6.1. 504.3 Stairway access to roof. New buildings four or more stories above grade plane, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3 -per- cent slope), shall be provided with a stairway to the roof. Stair- way access to the roof shall be in accordance with Section 1009.13. Such stairway shall be marked at street and floor lev- els with a sign indicating that the stairway continues to the roof. Where roofs are used for roof gardens or for other purposes, stairways shall be provided as required for such occupancy classification. SECTION 505 PREMISES IDENTIFICATION 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. Address numbers shall be Arabic numbers or alphabetical let- ters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 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. 2010 CALIFORNIA FIRE CODE FIRE SERVICE FEATURES 505.2 Street or road signs. Streets and roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by perma- nent signs. SECTION 506 KEY BOXES 506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. 506.1.1 Locks. An approved lock shall be installed on gates or similar barriers when required by the fire code official. 506.2 Key box maintenance. The operator of the building shall immediately notify the fire code official and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box. SECTION 507 FIRE PROTECTION WATER SUPPLIES 507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. 507.2 Type of water supply. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. 507.2.1 Private fire service mains. Private fire service mains and appurtenances shall be installed in accordance with NFPA 24 as amended in Chapter 47. 507.2.2 Water tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22. 507.3 Fire flow. Fire flow requirements for buildings or por- tions of buildings and facilities shall be determined by an approved method or Appendix B. 507.4 Water supply test. The fire code official shall be notified prior to the water supply test. Water supply tests shall be wit- nessed by the fire code official or approved documentation of the test shall be provided to the fire code official prior to final approval of the water supply system. 507.5 Fire hydrant systems. Fire hydrant systems shall com- ply with Sections 507.5.1 through 507.5.6 and Appendix C or by an approved method. 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on JULY 1, 2012 SUPPLEMENT 75 FIRE SERVICE FEATURES a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by thefire code official. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance require- ment shall be not more than 600 feet (183 m). 507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by thefire code official. Fire hydrant systems shall be main- tained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. 507.5.3 Private fire service mains and water tanks. Pri- vate fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with Cali- fornia Code of Regulations, Title 19, Division 1, Chapters. 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. 507.5.5 Clear space around hydrants. A 3 -foot (914 mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. 507.5.6 Physical protection. Where fire hydrants are sub- ject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312. SECTION 508 FIRE COMMAND CENTER 508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the Cal- ifornia Building Code and Group 1-2 occupancies having occupied floors located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access, a fire com- mand center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.5. 508.1.1 Location and access. The location and accessibil- ity of thefire command center shall be approved by the fire chief. 508.1.2 Separation. Thefire command center shall be sepa- rated from the remainder of the building by not less than a 1 - hour fire barrier constructed in accordance with Section 707 of the California Building Code or horizontal assembly constructed in accordance with Section 712 of the Califor- nia Building Code, or both. 508.1.3 Size. Thefire command center shall be a minimum of 200 square feet (19 m2) in area with a minimum dimen- sion of 10 feet (3048 mm). 508.1.4 Layout approval. A layout of the fire command center and all features required by this section to be con- tained therein shall be submitted for approval prior to instal- lation. 508.1.5 Required features. Thefire command center shall comply with NFPA 72 and shall contain the following fea- tures: 1. The emergency voice/alarm communication system control unit. 2. The fire department communications system. 3. Fire detection and alarm system annunciator. 4. Annunciator unit visually indicating the location of the elevators and whether they are operational. 5. Status indicators and controls for air distribution systems. 6. The fire-fighter's control panel required by Section 909.16 for smoke control systems installed in the building. 7. Controls for unlocking stairway doors simulta- neously. 8. Sprinkler valve and water -flow detector display panels. 9. Emergency and standby power status indicators. 10. A telephone for fire department use with controlled access to the public telephone system. 11. Fire pump status indicators. 12. Schematic building plans indicating the typical floor plan and detailing the building core, means of egress, fire protection systems, fire -fighting equip- ment and fire department access, and the location of fire walls, fire barriers, fire partitions, smoke barri- ers and smoke partitions. 13. Work table. 14. Generator supervision devices, manual start and transfer features. 15. Public address system, where specifically required by other sections of this code. 16. Elevator fire recall switch in accordance with Cali- fornia Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator Safety Orders. 17. Elevator emergency or standby power selector switch(es), where emergency or standby power is provided. Fire Command Centers shall not be used for the housing of any boiler, heating unit, generator, combustible storage, or similar hazardous equipment or storage. SECTION 509 FIRE PROTECTION EQUIPMENT IDENTIFICATION AND ACCESS 509.1 Identification. Fire protection equipment shall be iden- tified in an approved manner. Rooms containing controls for air-conditioning systems, -sprinkler risers and valves, or other fire detection, suppression or control elements shall be identi- fied for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location 76 JULY 1, 2012 SUPPLEMENT 2010 CALIFORNIA FIRE CODE FIRE SERVICE FEATURES shall be constructed of durable materials, permanently installed and readily visible. 509.2 Equipment access. Approved access shall be provided and maintained for all fire protection equipment to permit immediate safe operation and maintenance of such equipment. Storage, trash and other materials or objects shall not be placed or kept in such a manner that would prevent such equipment from being readily accessible. SECTION 510 EMERGENCY RESPONDER RADIO COVERAGE 510.1 Emergency responder radio coverage in buildings. All buildings shall have approved radio coverage for emer- gency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety commu- nication systems. Exceptions: 1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permit- ted to be installed or maintained in lieu of an approved radio coverage system. 2. Where it is determined by the fire code official that the radio coverage system is not needed. 510.2 Radio signal strength. The building shall be considered to have acceptable emergency responder radio coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the signal strength requirements of Sections 510.2.1 and 510.2.2. 510.2.1 Minimum signal strength into the building. A minimum signal strength of -95 dBm shall be receivable within the building. 510.2.2 Minimum signal strength out of the building. A minimum signal strength of -100 dBm shall be received by the agency's radio system when transmitted from within the building. 510.3 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building shall be equipped with such coverage according to one of the following: 1. Wherever existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception 1. 2. Within a time frame established by the adopting authority. 2010 CALIFORNIA FIRE CODE JULY 1, 2012 SUPPLEMENT 77 CHAPTER 14 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION SECTION 1401 GENERAL 1401.1 Scope. This chapter shall apply to structures in the course of construction, alteration or demolition, including those in underground locations. Compliance with NFPA 241 is required for items not specifically addressed herein. 1401.2 Purpose. This chapter prescribes minimum safeguards for construction, alteration and demolition operations to pro- vide reasonable safety to life and property from fire during such operations. SECTION 1402 DEFINITIONS 1402.1 Terms defined in Chapter 2. Words and terms used in this chapter and defined in Chapter 2 shall have the meanings ascribed to them as defined therein. SECTION 1403 TEMPORARY HEATING EQUIPMENT 1403.1 Listed. Temporary heating devices shall be listed and labeled in accordance with the California Mechanical Code. Installation, maintenance and use of temporary heating devices shall be in accordance with the terms of the listing. 1403.2 Oil -fired heaters. Oil -fired heaters shall comply with Section 603. 1403.3 LP -gas heaters. Fuel supplies for liquefied -petroleum gas-fired heaters shall comply with Chapter 38 and the Califor- nia Mechanical Code. 1403.4 Refueling. Refueling operations for liquid -fueled equipment or appliances shall be conducted in accordance with Section 3405. The equipment or appliance shall be allowed to cool prior to refueling. 1403.5 Installation. Clearance to combustibles from tempo- rary heating devices shall be maintained in accordance with the labeled equipment. When in operation, temporary heating devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufac- turer's instructions. 1403.6 Supervision. The use of temporary heating devices shall be supervised and maintained only by competent person- ! nel. SECTION 1404 PRECAUTIONS AGAINST FIRE 1404.1 Smoking. Smoking shall be prohibited except in approved areas. Signs shall be posted in accordance with Sec- tion 310. In approved areas where smoking is permitted, approved ashtrays shall be provided in accordance with Sec- tion 310. 1404.2 Waste disposal. Combustible debris shall not be accu- mulated within buildings. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. Combustible debris, rubbish and waste material shall not be disposed of by burning on the site unless approved. ' 1404.3 Open burning. Open burning shall comply with Sec- tion 307. 1404.4 Spontaneous ignition. Materials susceptible to spon- taneous ignition, such as oily rags, shall be stored in a listed dis- posal container. 1404.5 Fire watch. When required by the fire code official for building demolition that is hazardous in nature, qualified per- sonnel shall be provided to serve as an on-site fire watch. Fire watch personnel shall be provided with at least one approved means for notification of the fire department and their sole duty shall be to perform constant patrols and watch for the occur- rence of fire. 1404.6 Cutting and welding. Operations involving the use of cutting and welding shall be done in accordance with Chapter 26. 1404.7 Electrical. Temporary wiring for electrical power and lighting installations used in connection with the construction, alteration or demolition of buildings, structures, equipment or similar activities shall comply with the California Electrical Code. SECTION 1405 FLAMMABLE AND COMBUSTIBLE LIQUIDS 1405.1 Storage of flammable and combustible liquids. Stor- age of flammable and combustible liquids shall be in accor- dance with Section 3404. 1405.2 Class I and Class II liquids. The storage, use and han- dling of flammable and combustible liquids at construction sites shall be in accordance with Section 3406.2. Ventilation shall be provided for operations involving the application of materials containing flammable solvents. 1405.3 Housekeeping. Flammable and combustible liquid storage areas shall be maintained clear of combustible vegeta- 2010 CALIFORNIA FIRE CODE 245 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION tion and waste materials. Such storage areas shall not be used for the storage of combustible materials. 1405.4 Precautions against fire. Sources of ignition and smoking shall be prohibited in flammable and combustible liq- uid storage areas. Signs shall be posted in accordance with Sec- tion 310. 1405.5 Handling at point of final use. Class I and II liquids shall be kept in approved safety containers. 1405.6 Leakage and spills. Leaking vessels shall be immedi- ately repaired or taken out of service and spills shall be cleaned up and disposed of properly. SECTION 1406 FLAMMABLE GASES 1406.1 Storage and handling. The storage, use and handling of flammable gases shall comply with Chapter 35. SECTION 1407 EXPLOSIVE MATERIALS 1407.1 Storage and handling. Explosive materials shall be stored, used and handled in accordance with Chapter 33. 1407.2 Supervision. Blasting operations shall be conducted in accordance with Chapter 33. 1407.3 Demolition using explosives. Approved fire hoses for use by demolition personnel shall be maintained at the demoli- tion site whenever explosives are used for demolition. Such fire hoses shall be connected to an approved water supply and shall be capable of being brought to bear on post -detonation fires anywhere on the site of the demolition operation. SECTION 1408 OWNER'S RESPONSIBILITY FOR FIRE PROTECTION 1408.1 Program superintendent. The owner shall designate a person to be the fire prevention program superintendent who shall be responsible for the fire prevention program and ensure that it is carried out through completion of the project. The fire prevention program superintendent shall have the authority to enforce the provisions of this chapter and other provisions as necessary to secure the intent of this chapter. Where guard ser- vice is provided, the superintendent shall be responsible for the guard service. 1408.2 Prefire plans. The fire prevention program superinten- dent shall develop and maintain an approved prefire plan in cooperation with the fire chief. The fire chief and the fire code official shall be notified of changes affecting the utilization of information contained in such prefire plans. 1408.3 Training. Training of responsible personnel in the use of fire protection equipment shall be the responsibility of the fire prevention program superintendent. 1408.4 Fire protection devices. The fire prevention program superintendent shall determine that all fire protection equip- ment is maintained and serviced in accordance with this code. The quantity and type of fire protection equipment shall be approved. 1408.5 Hot work operations. The fire prevention program superintendent shall be responsible for supervising the permit system for hot work operations in accordance with Chapter 26. 1408.6 Impairment of fire protection systems. Impairments to any fire protection system shall be in accordance with Sec- tion 901. 1408.7 Temporary covering of fire protection devices. Cov- erings placed on or over fire protection devices to protect them from damage during construction processes shall be immedi- ately removed upon the completion of the construction pro- cesses in the room or area in which the devices are installed. SECTION 1409 FIRE REPORTING 1409.1 Emergency telephone. Readily accessible emergency telephone facilities shall be provided in an approved location at the construction site. The street address of the construction site and the emergency telephone number of the fire department shall be posted adjacent to the telephone. SECTION 1410 ACCESS FOR FIRE FIGHTING 1410.1 Required access. Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connec- tions. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 1410.2 Key boxes. Key boxes shall be provided as required by Chapter 5. SECTION 1411 MEANS OF EGRESS [B] 1411.1 Stairways required. Where a building has been constructed to a building height of 50 feet (15 240 mm) or four stories, or where an existing building exceeding 50 feet (15 240 mm) in building height is altered, at least one temporary lighted stairway shall be provided unless one or more of the permanent stairways are erected as the construction progresses. 1411.2 Maintenance. Required means of egress shall be main- tained during construction and demolition, remodeling or alterations and additions to any building. Exception: Approved temporary means of egress systems and facilities. 246 2010 CALIFORNIA FIRE CODE SECTION 1412 WATER SUPPLY FOR FIRE PROTECTION 1412.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made avail- able as soon as combustible material arrives on the site. SECTION 1413 STANDPIPES 1413.1 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed when the progress of construction is not more than 40 feet (12 192 mm) in height above the lowest level of fire department vehicle access. Such standpipe shall be provided with fire department hose connections at accessible locations adjacent to usable stairs. Such standpipes shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. 1413.2 Buildings being demolished. Where a building is being demolished and a standpipe is existing within such a building, such standpipe shall be maintained in an operable condition so as to be available for use by the fire department. Such standpipe shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished. 1413.3 Detailed requirements. Standpipes shall be installed in accordance with the provisions of Section 905. Exception: Standpipes shall be either temporary or perma- nent in nature, and with or without a water supply, provided that such standpipes comply with the requirements of Sec- tion 905 as to capacity, outlets and materials. SECTION 1414 AUTOMATIC SPRINKLER SYSTEM 1414.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the Cali- fornia Building Code, it shall be unlawful to occupy any por- tion of a building or structure until the automatic sprinkler system installation has been tested and approved, except as pro- vided in Section 105.3.4. 1414.2 Operation of valves. Operation of sprinkler control valves shall be allowed only by properly authorized personnel and shall be accompanied by notification of duly designated parties. When the sprinkler protection is being regularly turned off and on to facilitate connection of newly completed seg - FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION ments, the sprinkler control valves shall be checked at the end of each work period to ascertain that protection is in service. SECTION 1415 PORTABLE FIRE EXTINGUISHERS 1415.1 Where required. Structures under construction, alter- ation or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows: 1. At each stairway on all floor levels where combustible materials have accumulated. 2. In every storage and construction shed. 3. Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liq- uids. SECTION 1416 MOTORIZED EQUIPMENT 1416.1 Conditions of use. Internal -combustion -powered con- struction equipment shall be used in accordance with all of the following conditions: 1. Equipment shall be located so that exhausts do not dis- charge against combustible material. 2. Exhausts shall be piped to the outside of the building. 3. Equipment shall not be refueled while in operation. 4. Fuel for equipment shall be stored in an approved area outside of the building. SECTION 1417 SAFEGUARDING ROOFING OPERATIONS 1417.1 General. Roofing operations utilizing heat -producing systems or other ignition sources shall be conducted in accor- dance with Sections 1417.2 and 1417.3 and Chapter 26. 1417.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accordance with Section 303. 1417.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one multipurpose portable fire extinguisher with a minimum 3-A 40-B:C rating on the roof being covered or repaired. 2010 CALIFORNIA FIRE CODE 247 APPENDIX R "OBTAINING PW INSPECTOR'S CLE A TO ALLOW ISSUANCE OF A BUILDING PERM 27-19 OBTAINING PUBLIC WORKS INSPECTOR'S CLEARANCE TO ALLOW ISSUANCE OF A BUILDING PERMIT These instructions should be used as guidelines to obtain building permit clearances from Public Works inspectors. Instructions: 1. Completion of Grading. The grading, as shown on the approved grading plan, must be 100% complete and the site must be ready for inspection. 2. Scheduling an Inspection. Public Works (PW) inspections shall be scheduled by calling the PW Inspection Line at (951) 308-6395. Verbal inspection requests made directly to the PW Inspector may not be accommodated. (a) Inspections must be requested no later than 3:30 pm the day prior to the requested date of inspection (i.e., an inspection for Thursday must called in no later than Wednesday at 3:30 pm). (b) More than 1 inspection may be requested per call, but they must be specific and all relevant information provided. 3. Submittal of Required Items. The following items shall be presented to the PW Inspector, upon arrival for the scheduled inspection: (a) the pad elevation certification (i.e., rough grade cert) and (b) the pad compaction certification/report (i.e., final geotechnical/soils report). 4. Inspection Clearance. After the inspection, if the PW Inspector finds the work... (a) acceptable, the PW inspector's clearance of the project site will be granted. Prior to proceeding to City Hall to obtain the building permit, it is highly recommended that the Community Development Technician be contacted to confirm all other outstanding department clearances. Please allow a reasonable time for City staff to process all departments' clearances; or (b) unacceptable, the PW inspector will identify field deficiencies and the project site will not be cleared. All deficiencies must be addressed prior to requesting/scheduling a follow-up inspection. 02.28.12 Procedures for PW clearance for issuance of BP,doc APPENDIX S "STANDARD PAD CERT! . LETTER" 27-20 [Date of Letter] City of Temecula Public Works Department 41000 Main Street Temecula, CA 92589 Subject: Final Grade Certification Lot / Parcel [Lot #] of Tract / Parcel Map [Map #] LDXX XXXGR Attn: [Inspector's Name] [Inspector's Title] I hereby certify that the pad elevation for the property located at [property address] is [elevation #] which complies with the pad elevation shown on the approved precise grading plan for Lot / Parcel [Lot #] of Tract / Parcel Map [Map #J. I also hereby certify that the building set back distances, locations and elevations of the drainage facilities, surface drainage elevations, and Water Quality Management Plan (WQMP) provisions and improvements in the field correspond and comply with those shown on the approved precise grading plan and WQMP document for Lot / Parcel '[Lot #] of Tract / Parcel Map [Map #]. I also hereby certify that the slopes in the field were constructed in accordance and comply with the approved precise grading plan for Lot / Parcel [Lot #I of Tract / Parcel Map [Map #]. [Engineer's / Company Namel [R.C.E. Number]' [Stamp with Signature]) Updated: 10/1/2008 1 1.1) Handouts Word Docs AI'PI•.NI)1X I'll 1'.S APNENDIX K 2012 Standard hid Certification 1:1,:n tine APPENDIX T "OBTAINING PW INSPECTOR'S CLEARANCE TO ALLOW ISSUANCE OF A CERTIFICATE OF OC UPANCY" 27-21 OBTAINING PUBLIC WORKS INSPECTOR'S CLEARANCE TO ALLOW ISSUANCE OF A CERTIFICATE OF OCCUPANCY These instructions should be used as guidelines to obtain Certificate of Occupancy (C of 0) clearances from Public Works inspectors. Instructions: 1. Completion of Precise Grading. The grading, per the approved precise grading plan, and any associated onsite/offsite public improvements must be 100% complete and the site must be ready for final inspection. 2. Schedulinq an Inspection. Public Works (PW) inspections shall be scheduled by calling the PW Inspection Line at (951) 308-6395. Verbal inspection requests made directly to the PW Inspector may not be accommodated. (a) Inspections must be requested no later than 3:30 pm the day prior to the requested date of inspection (i.e., an inspection for Thursday must called in no later than Wednesday at 3:30 pm). (b) More than 1 inspection may be requested per call, but they must be specific and all relevant information provided. 3. Submittal of Required Items. The following items shall be presented to the PW Inspector, upon arrival for the scheduled inspection: (a) For tracts, engineering certification for each lot (i.e., including certification of swales and pad elevations, etc.); (b) For all non-residential projects, engineering certification for each lot (i.e., including certification of WQMP compliance, installation of required WQMP systems/BMP's, swales, pad elevations, etc.); (c) For custom single family and non-residential projects, pad compaction certification/final soils report. 4. Clearances from Utility Agencies. Obtain clearances from the following independent utility agencies. Note that a copy of their release letters should accompany the C of 0 sign -off sheet. (a) Rancho California Water District (RCWD); contact Hilda Bojorquez at (951) 296-6984 or 296-6900 (b) Eastern Municipal Water District (EMWD); contact Maya Castellon at (951) 928-3777 ext. 4372 5. Inspection Clearance. After the inspection, if the PW Inspector finds the work... (a) acceptable, the PW inspector's clearance for the project site will be provided. Prior to proceeding to City Hall to obtain the C of 0, it is highly recommended that the Community Development Technician be contacted to confirm all other outstanding City department clearances as well as the required clearances from utility agencies. Please allow a reasonable time for City staff to process all departments' clearances; or (b) unacceptable, the PW inspector will identify field deficiencies and the project site will not be cleared. All deficiencies must be addressed prior to requesting/scheduling a follow-up inspection. 02.24.12 Procedures for PW clearance for issuance of CoO,doc APPENDIX U "SECURITY FORMS FOR IMPROV ENTS ITHIN PUBLIC R/W" 27-22 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street Temecula, CA 92590 P.O. Box 9033 Temecula, CA 92590-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 Space above this line for Recorder's Use Only SUBDIVISION IMPROVEMENT AGREEMENT (Secured with Bonds, Cash/Certificate of Deposit or Letter of Credit) THIS SUBDIVISION IMPROVEMENT AGREEMENT is made and entered into the day of , 20_ by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER warrants and represents to CITY that the following contact information is true and correct: Tentative Map Resolution of Approval or Planning Application No.: Name of Subdivision: Tract No.: Name/Address of SUBDIVIDER: Anticipated Completion Date: SUBDIVIDER'S Contact Name/Phone No.: Estimated Total Cost of: (a) Improvements: $ (b) Monumentation: $ Name, Address, Contact Name and Phone No. of Surety Company or Issuing Bank: B. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, Revised: 10/04/12 Page 1 of 10 G:\COMMUNITY DEVELOPMENT\Land Development Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." C. A tentative map of the Subdivision has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. D. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured Agreement with CITY to complete the Improvements and land development within a period of time specified by CITY. E. In consideration of approval of a final map for the Subdivision by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all the public improvement work required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. F. Complete improvement plans for the construction; installation and completion of the improvements required by the Resolution of Approval have been prepared by SUBDIVIDER and approved by the City Engineer ("Improvement Plans"). The Improvement Plans are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. The facilities to be constructed pursuant to the Improvement Plans shall be known as the "Improvements." G. An estimate of the cost of construction of the Improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated in the Recitals of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. H. The CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. I. Within thirty (30) days after completion of the required Improvements and their acceptance by CITY, it is necessary that certain monuments and stakes as specified on the final map for the SUBDIVISION, shall be installed and, also, that street signs be placed at intersections. J. SUBDIVIDER recognizes that by approval of the final map for Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. As a result, CITY will be damaged to the extent of the cost of installation of the Improvements by SUBDIVIDER'S failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the Improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the Subdivision, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: Revised: 10/04/12 Page 2 of 10 G:\COMMUNITY DEVELOPMENT\Land Development\Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT a. Comply with all requirements of the Resolution of Approval, and any amendments thereto, and with provisions of the Subdivision laws. b. Complete by the time established in Section 19 of this Agreement and at SUBDIVIDER'S own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with the Improvement Plans and the CITY standards. c. To the extent required by Labor Code Section 1720, SUBDIVIDER and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to perform the work required by this Agreement from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk of Temecula and copies may be obtained at cost at the City Clerk's Office. SUBDIVIDER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum. SUBDIVIDER shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, SUBDIVIDER shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. d. Furnish the necessary materials for completion of the Improvements in conformity with the Improvement Plans and CITY standards. e. Acquire and dedicate, or pay the cost of acquisition by CITY, of all right-of-way, easements and other interests in real property for construction or installation of the Improvements, free and clear of all liens and encumbrances. The SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site right-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorizations to accommodate the SUBDIVISION. f. Install all SUBDIVISION monuments required by law within thirty (30) days after the completion and acceptance of the Improvements by the CITY. g. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the Improvements by the CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require. 2. Acquisition and Dedication of Easement of Right -of -Way. If any of the Improvements contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate right-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements, or b. The dedication to, and acceptance by, the CITY of appropriate right-of-way, easements or other interests in real property, as determined by the City Engineer, or Revised: 10/04/12 Page 3 of 10 G: \COMMUNITY DEVELOPMENT1Land Development\Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Improvements; and d. To assure proper setting of subdivision monumentation, as stated previously in this Agreement, SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced in the Recitals of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. a. Any changes, alterations or additions to the Improvement Plans and specifications or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Improvements in accordance with the CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety and welfare or comply 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Improvements by CITY inspector and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Improvements to the City Council. No Improvements shall be finally accepted unless aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. Revised: 10/04/12 Page 4 of 10 G:\COMMUNITY DEVELOPMENT1Land Development\Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT 6. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. In accordance with the requirements of Government Code Section 64999.7, the City Engineer shall allow a partial release of faithful performance security pursuant to the following procedures. No partial release of securities for labor and materials shall be allowed. (1) SUBDIVIDER shall have one opportunity to engage in the process of partial release of performance securities as described in this subsection (b) between the start of work and completion and acceptance of all work on the Improvements. The process allowing for a partial release of performance security shall occur only when the cost estimate of the remaining work does not exceed twenty percent (20%) of the total original performance security. (2) At such time that the SUBDIVIDER believes that the obligation to perform the work for which the performance security was required is complete, the SUBDIVIDER may notify the City Engineer in writing of the completed work and shall include with such notification a written list of work completed. Upon receipt of the written notice, the City Engineer shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, he or she shall supply to the SUBDIVIDER a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the SUBDIVIDER may then provide cost estimates for all remaining work for review and approval by the City Engineer. Upon receipt of the cost estimates, the City Engineer shall then have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. (4) If the City Engineer approves the cost estimate, the City Engineer shall release all performance security except for performance security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the City Engineer in accordance with the standards for approval of the original bonds. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the City Engineer receives and approves that form of replacement security as provided for the original security. A reduction in the performance security, authorized under this subsection, is not, and shall not be deemed to be, an acceptance by the City Engineer or the City of the Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the SUBDIVIDER until all Improvements have been accepted by the City Council and all other required improvements have been fully completed in accordance with the plans and specifications for the Improvements. (5) The SUBDIVIDER shall be under the affirmative duty to continue to construct the Improvements in accordance with the Improvement Plans until all remaining items are accepted by the City Council. (3) c. Within forty-five (45) days of completion, as determined by the City Engineer, the City Engineer shall notify the SUBDIVIDER that he or she has determined the Improvements to be complete. Within forty-five (45) days of the issuance of the notification by the City Engineer, the release of any remaining performance security shall be placed upon the agenda of the City Council for acceptance of the Improvements and approval of the release of any remaining performance security. Such acceptance shall not constitute a waiver of defects by CITY. As used in this Revised: 10/04/12 Page 5 of 10 G:\COMMUNITY DEVELOPMENT\Land DevelopmentlAgreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT Agreement the term "completion" shall mean that all items of work necessary to complete the Improvements in accordance with the Improvement Plans have been constructed to the satisfaction of the City Engineer and that no items remain on the punch list prepared by the City Engineer. "Completion" shall not mean partial use or beneficial use of the Improvement. d. Within forty-five (45) days following the expiration of the time within which claims of lien are required to be recorded pursuant to Article 2 (commencing with Section 8410) of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code and acceptance of the Improvements, the security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall be reduced to an amount equal to the total claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. (Section 8410 of the Civil Code currently provides that such liens must be recorded within (1) ninety (90) days after completion of the Improvement if no notice of completion or cessation has been recorded or (2) sixty (60) days after recordation of a notice of completion or a notice of cessation.) The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. e. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all the work and Improvements by the City Council. f. The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. g. The Surety's liability under any bonds or other forms of security provided pursuant to this Agreement shall be released only upon final completion and CITY's acceptance of the work required pursuant to this Agreement. 7. Injury to Improvements, Public Property or Public Utility Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all Improvements, public utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not limited to: (1) SUBDIVIDER'S failure to timely commence construction of this Agreement; (2) SUBDIVIDER'S failure to timely complete construction of the Improvements; (3) SUBDIVIDER'S failure to timely cure any defect in the Improvements; (4) SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; (5) SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance on lieu or in avoidance of foreclosure; or (7) SUBDIVIDER'S failure to perform any other obligation under this Agreement. Revised: 10/04/12 Page 6 of 10 G. \COMMUNITY DEVELOPMENT\Land Development\Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required Improvements. The sums provided by the improvement security may be used by CITY for the completion of the Improvements in accordance with the improvement plans and specifications contained herein. c. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. d. CITY may, but is not required to, take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. e. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the Tots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. f. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. g. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final acceptance by the City Council of the work and Improvements against any defective work or labor done or defective materials furnished. Where certain Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed portion of the Improvements. If within the warranty period any work or Improvement or part of any work or Improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Improvement Plans, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY at CITY option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. Revised: 10/04/12 Page 7 of 10 G:\COMMUNITY DEVELOPMENT\Land Development\Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to Agreements concurrently or previously executed between the parties, or from entering into Agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this Agreement commit CITY of any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the Improvements constructed pursuant to this Agreement shall vest in CITY. 16. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements. Acceptance by the CITY of the Improvements shall not constitute an assumption by the CITY of any responsibility for the design or construction of the subdivision or the Improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition causes by the design or construction defect; however SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Improvements. It is the intent of this action that SUBDIVIDER shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or Revised: 10/04112 Page 8 of 10 G:ICOMMUNITY DEVELOPMENT\Land Development\Agreements\Subdivisoin Improvement Agreement.doc SUBDIVISION IMPROVEMENT AGREEMENT specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 17. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 18. Time of the Essence. Time is of the essence of this Agreement. 19. Time for Completion of Work/Time Extension. SUBDIVIDER shall complete construction of the Improvements required by this Agreement within twenty-four (24) months of this Agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the Improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER, could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 20. Legal Responsibilities. The SUBDIVIDER shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The SUBDIVIDER shall at all times observe and comply with all such laws and regulations and shall require its contractors and subcontractors to 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 SUBDIVIDER to comply with this Section. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. Notice to CITY: Notice to SUBDIVIDER: City of Temecula Greg Butler Director of Public Works/City Engineer 41000 Main Street; P.O. Box 9033 Temecula, CA 92590-9033 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Revised: 10/04112 Page 9 of 10 G:ICOMMUNITY OEVELOPMENT\Land Development'Agreements\Subdivisoin Improvement Agreement-doc SUBDIVISION IMPROVEMENT AGREEMENT 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 27. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER* By: Name: Title: CITY OF TEMECULA Chuck Washington Mayor By: ATTEST: Name: Susan W. Jones, MMC Title: City Clerk (Proper Notarization of SUBDIVIDER'S RECOMMENDED FOR APPROVAL: signature is required and shall be attached) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. Greg Butler Director of Public Works/City Engineer APPROVED AS TO FORM: Peter M. Thorson City Attorney Revised: 10/04/12 Page 10 of 10 G:ICOMMUNITY DEVELOPMENT\Land Development\Agreements\Subdivisoin Improvement Agreement.doc PUBLIC WORKS DEPARTMENT Land Development Division Subdivision Faithful Performance Bond WHEREAS, the City of Temecula, State of California, and (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, identified as Project and dated , 20 ("Agreement"), is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement: NOW, THEREFORE, we the Principal and as Surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. The Surety further stipulates and agrees that its obligations and liability on this bond shall be released only upon final completion and City's acceptance of the work required pursuant to this Agreement. Revised: 10/01/12 g:\community devlland dev\bond forms\01 improvements in rw\10.01.12 fnl fp bond. catty.doc IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20_. [SEAL] [SEAL] SURETY By: PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM Peter M. Thorson City Attorney By: (Name) (Title) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. Revised: 10/01/12 g:\community dev\land dev\bond forms\01 improvements in rw\10.01.12 fnl fp bond. catty.doc PUBLIC WORKS DEPARTMENT Land Development Division Subdivision Labor & Materials Bond WHEREAS, the City of Temecula, State of California, and (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, identified as Project dated , 20_ ("Agreement"), is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, THEREFORE, we the Principal and as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. The Surety further stipulates and agrees that its obligations and liability on this bond shall be released only upon final completion and City's acceptance of the work required pursuant to this Agreement. Revised: 10/01/12 g:\community dev\land dev\bond forms\01 improvements in rw\10.01.12 fnl I&m bond. catty.doc IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20_ [SEAL] [SLAI.I SURETY By: PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM Peter M. Thorson City Attorney By: (Name) (Title) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. Revised: 10/01/12 g:\community dev\land dev\bond forms101 improvements in rw\10.01.12 fnl I&m bond. catty.doc RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street Temecula, CA 92590 P.O. Box 9033 Temecula, CA 92590-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 Space above this line for Recorder's Use Only SUBDIVISION MONUMENT AGREEMENT (Secured with Bonds, Cash/Certificate of Deposit and/or Letter of Credit) This agreement is made and entered into the day of , 20_ by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to City the following contact information: Tentative Map Resolution of Approval or Planning Application No.: Name of Subdivision: Tract No.: Name/Address of SUBDIVIDER: Anticipated Completion Date: SUBDIVIDER'S Contact Name/Phone No.: Estimated Total Cost of: (a) Improvements: $ (b) Monumentation: $ Name, Address, Contact Name and Phone No. of Surety Company & Bond No: Name, Address, Contact Name and Phone No. of Bank & Certificate of Deposit No.: Revised: 10/01/12 1 of 7 g:\community dev\land dev\agreements\01 imprvts in rw\10.01.12 fnl sub mon agmt. c atty.doc SUBDIVISION MONUMENT AGREEMENT B. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws". C. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. D. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured Agreement with CITY to complete the improvements and land development within a period of time specified by CITY. E. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all monumentation required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. F. For the purpose of this Agreement, the only improvements that remain to be completed for this unit is installation of the subdivision monumentation, and improvements as used throughout this Agreement implies said monumentation. G. An estimate of the cost of the Subdivision Monumentation has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: a. Install all SUBDIVISION monuments required by law within eighteen (18) months of the date of this Agreement. Revised: 10/01/12 g:\community dev\land dev\agreements\01 imprvts in rw110.01.12 fnl sub mon agmt. c atty.doc SUBDIVISION MONUMENT AGREEMENT b. Prevailing Wages. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Street Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. SUBDIVIDER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum. SUBDIVIDER shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, SUBDIVIDER shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid Tess than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. 2. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. Good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments as stated previously in this Agreement. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 3. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the monumentation by CITY. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the monumentation to the City Council. SUBDIVIDER shall bear all costs of inspection and certification. 4. Release of Securities. a. Subject to approval by the City Council of CITY, the securities given for installation of the Subdivision Monumentation, and as required by this Agreement, shall be released upon final completion and acceptance of the act of work. b. The Surety's liability under any bonds or other forms of security provided pursuant to this Agreement shall be released only upon final completion and CITY's acceptance of the work required pursuant to this Agreement. 5. Injury to Public Improvements, Public Property or Public Utility Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, Revised: 10/01/12 g:\community dev\land dev\agreements\01 imprvts in rw\10.01.12 fnl sub mon agmt. c atty.doc SUBDIVISION MONUMENT AGREEMENT public utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 7. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not limited to, SUBDIVIDER'S failure to timely commence construction of this Agreement; SUBDIVIDER'S failure to timely complete construction of the monumentation; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance on lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the final map and specifications contained herein. c. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. d. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. e. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. Revised: 10/01/12 g:lcommunity devlland dev\agreements\01 imprvts in rw\10.01.12 fnl sub mon agmt. c atty.doc SUBDIVISION MONUMENT AGREEMENT f. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. g. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 8. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 9. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 10. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to Agreements concurrently or previously executed between the parties, or from entering into Agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this Agreement commit CITY of any such apportionment. 11. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all monumentation. The City Council shall act upon the Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 3. 12. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the installation or review of the improvements. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of improvements. It is the intent of this action that SUBDIVIDER shall be responsible for all liability for installation and inspection of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any mao or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 13. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a Revised: 10/01/12 g:\community dev\land dev\agreements\01 imprvts in rw\10.01.12 fnl sub mon agmt. c atty.doc SUBDIVISION MONUMENT AGREEMENT novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 14. Time of the Essence. Time is of the essence of this Agreement. 15. Time for Completion of Work/Time Extension. SUBDIVIDER shall complete construction of the improvements required by this Agreement within eighteen (18) months of this Agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER, could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 16. SUBDIVIDER'S Responsibilities. The SUBDIVIDER shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The SUBDIVIDER 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 SUBDIVIDER to comply with this section. 17. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. 18. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: Notice to SUBDIVIDER: City of Temecula Mr. Greg Butler Director of Public Works/City Engineer 41000 Main Street, P.O. Box 9033 Temecula, California 92590-9033 19. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Revised: 10/01/12 g:\community dev\land dev\agreements\01 imprvts in rw\10.01.12 fnl sub mon agmt. c atty.doc SUBDIVISION MONUMENT AGREEMENT 20. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 21. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 22. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 23. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER* By: Name: Title: CITY OF TEMECULA Chuck Washington Mayor By: ATTEST: Name: Susan W. Jones, MMC Title: City Clerk (Proper Notarization of SUBDIVIDER'S RECOMMENDED FOR APPROVAL: signature is required and shall be attached) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. Greg Butler Director of Public Works/City Engineer APPROVED AS TO FORM: Peter M. Thorson City Attorney Revised: 10/01/12 g:\community dev\land dev\agreements\01 imprvts in rw110.01.12 fnl sub mon agmt. c atty.doc PUBLIC WORKS DEPARTMENT Land Development Division Subdivision Monument Bond WHEREAS, the City of Temecula, State of California, and (hereinafter designated as "Principal") have entered into an agreement whereby Principal has presented to the City for its approval a Final Subdivision Map, which Map carries the Engineer's or Surveyor's certificate that the monuments will be set on or before a specified later date, which said agreement, identified as Project and dated , 20 ("Agreement"), and is hereby referred to and made a part hereof; and WHEREAS, said Principal shall insure the setting of monuments and to guarantee payment to the Engineer or Surveyor for setting such monuments in said Subdivision, and as a prerequisite to the approval of said Final Subdivision Map; and NOW, THEREFORE, we the Principal and as Surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. The Surety further stipulates and agrees that its obligations and liability on this bond shall be released only upon final completion and City's acceptance of the work required pursuant to this Agreement. Revised: 10/01/12 g:\community dev\land dev\bond forms101 improvements in rw\10.01.12 fnl mon bond. catty.doc IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20_ [SEAL] [SEAL] SURETY PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM Peter M. Thorson City Attorney By: (Name) (Title) Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. Revised: 10/01/12 g:\community dev\land dev\bond forms\01 improvements in rw110.01.12 fnl mon bond. catty.doc APPENDIX V "SECURITY FORMS FOR ONSITE DEVELOPMENT" 27-23 PUBLIC WORKS DEPARTMENT Land Development Division 41000 Main Street * Temecula, CA 92590 * www.cityoftemecula.orq GRADING AND EROSION & SEDIMENT CONTROL AGREEMENT (Secured by Bond, Cash or Letter of Credit) THIS AGREEMENT is made and entered into the day of , 20 by and between the City of Temecula, a Municipal Corporation of the State of California (hereinafter referred to as "CITY") and the APPLICANT. RECITALS A. APPLICANT warrants and represents that the following project and contact information is true and correct: Planning Application No. and Land Dev Permit No.: Name of Development: Tract/Parcel Map No.: Name of APPLICANT: Lot/Parcel No.: Site Address: APN: Total Amount of Security: $ Amounts Posted By: (LoC): $ Bond: $ Cash: $ Letter of Credit If applicable, Name, Address, Point of Contact & Phone No. of Surety Company and Bond No.: Name, Address, Point of Contact and Phone No. of Issuing Bank and LoC No.: B. APPLICANT has applied for a grading permit pursuant to the provisions of Title 18 of the Temecula Municipal Code (hereinafter referred to as "the Code") to perform certain improvements within the CITY, more specifically described in the grading permit referred to above and incorporated by reference. C. The approved plans and specifications for the work to be performed under the grading permit have been reviewed and approved by the City Engineer. D. The improvements outlined in the grading permit shall be performed in accordance with the approved plans, the Code, the Engineering and Construction Manual, current City standards, guidelines and other applicable laws, ordinances and regulations as well as any and all Conditions of Approval to the satisfaction of the City Engineer. E. Title 18 of the Code requires the APPLICANT to post a security for performance and labor and material with the City to cover the cost of the grading and erosion & sediment control work prior to issuance of a grading permit. Revised: 09/01/12 Page 1 of 5 G\COMMUNITY DEV\Land Dev\Agreements\01 Private Dev\09.04.12 Grdg ESC Agmt. CAtty.DOC GRADING AND EROSION & SEDIMENT CONTROL AGREEMENT F. An estimate for the cost of the grading and erosion & sediment control work to be performed has been submitted by the APPLICANT and approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. NOW, THEREFORE, it is agreed between the CITY and the APPLICANT as follows: 1. APPLICANT's Obligation. APPLICANT agrees to: a. Complete all improvements required by this Agreement by the time established in Paragraph 8 of this Agreement and at the APPLICANT's own expense. b. Perform and maintain any and all protective devices shown on the erosion and sediment control plan in order to protect all adjacent properties from damage or alterations from drainage or erosion which may occur as a result of any work performed on the site. c. Furnish all labor, equipment and material necessary to perform and complete all required improvements in accordance with the approved plans at APPLICANT's own expense. d. Give good and adequate warning, at all times, and to protect the traveling public of each and every dangerous condition caused by the construction of the improvements. e. Be responsible for eliminating or correcting any defect or dangerous condition caused by the design or construction. It is the intent of this section that the APPLICANT, its agents, employees, or contractor's shall be responsible for all liability for design and construction of the improvements done pursuant to the grading permit and this Agreement and that CITY shall not be liable for any act or omission in approving, reviewing, or correcting any plans or specifications or in approving, reviewing or inspecting any construction related activity. 2. Security. The APPLICANT agrees to maintain in place said security in the amounts shown for faithful performance and labor and material for the terms and conditions of this Agreement and any time extensions granted by the City Engineer. APPLICANT further agrees that if, in the opinion of the City Engineer, the surety on the bond and/or letter of credit or the amount of said bond and/or letter of credit becomes insufficient, APPLICANT agrees to renew, increase, or both, each and every bond and/or letter of credit with good and sufficient sureties or amounts within ten (10) days after being notified by the City Engineer. Not withstanding any other provision herein, if APPLICANT fails to take such action, as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified the APPLICANT of the insufficiency of the sureties or the amount of the bond and/or letter of credit, or both. 3. Release of Securities. Security, required by this Agreement, given to guarantee faithful performance and labor and material for the improvements authorized pursuant to the grading permit and this Agreement shall be released upon acceptance of the work by the City Engineer, and subject to the following provisions: a. Upon written request by APPLICANT, the City Engineer may release up to fifty percent (50%) of the securities once the site has been cleared for building permit issuance. The remaining balance of the securities shall not be authorized for release or reduction unless a new construction security worksheet is provided with an estimate of the remaining work needed to secure the site from erosion and sediment discharges. Revised: 09/01/12 Page 2 of 5 G:\COMMUNITY DEV\Land Dev\Agreements\01 Private Dev\09.04 12 Grdg ESC Agmt. CAtty.DOC GRADING AND EROSION & SEDIMENT CONTROL AGREEMENT b. The complete securities shall be released upon issuance of a certificate of occupancy and/or final inspection; however, the CITY may, if necessary, retain an amount sufficient to cover costs, expenses and fees, including attorney's fees. Any statute of limitations with respect to the obligations of APPLICANT shall not apply to any bonds or other forms of security provided pursuant to this Agreement. The Surety's liability under any bonds or other forms of security provided pursuant to this Agreement shall be released only upon final completion and CITY's acceptance of the work required pursuant to this Agreement. The expiration of any statute of limitations with respect to APPLICANT shall not bar an action against the Surety under the bond or any other form of security provided pursuant to this Agreement. 4. Right of Entry, Inspection and Approval. APPLICANT shall at all times allow the CITY, or its authorized agents, to enter upon the project site for the sole purpose of inspecting the site in accordance with the conditions and requirements of the grading permit and to accomplish any emergency or erosion control work. Upon completion of the work, APPLICANT shall request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with this Agreement, he shall certify completion of the work. APPLICANT shall bear all costs of inspection and certification. 5. Default of the APPLICANT. In the event the APPLICANT, its agents, employees, or contractor's fails to comply or perform with the terms and conditions of the grading permit and this Agreement within the specified time, or within any extensions of time granted therein, APPLICANT shall be declared in default of this Agreement and notice in writing of such default shall be served upon the APPLICANT by the City Engineer. The City Engineer shall have the power to terminate all rights of the APPLICANT because of neglect or default. The foregoing provisions of this section shall be in addition to any and all rights and remedies available to the CITY under law or in equity. In the event the CITY is required to complete all or part of the improvements as set forth in the grading permit or this Agreement, the Surety shall comply with any lawful order of the City Engineer requiring the work authorized and affected by the grading permit to be completed and that the premises covered by the permit be made safe to life and property to the satisfaction of the City Engineer, and in such event such Surety fails to promptly do so, the Surety shall pay the CITY all costs and expenses incurred by the CITY in completing the work authorized by the grading permit making the premises safe to the satisfaction of the City Engineer. The APPLICANT also hereby grants to the CITY and to any agent or employee of the CITY, the irrevocable permission to enter upon the lands of the above referenced project site for the purpose of completing the improvements. This permission shall terminate in the event that the APPLICANT has completed the work within the time specified or any extension of time thereof granted by the City Engineer. 6. Indemnity/Hold Harmless. Neither the City, any officer, employee nor agent, thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the APPLICANT under or in connection with any work permitted under said grading permit. It is also understood and agreed that APPLICANT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any work permitted under said grading permit. Said indemnification and agreement to defend and hold harmless shall extend to injuries to persons and damages to or taking of property resulting from the design or construction provided herein, and in addition, to adjacent properties Revised: 09/01/12 Page 3 of 5 G:\COMMUNITY DEV1Land Dev\Agreements\01 Private Dev\09.04 12 Grdg ESC Agmt. CAtty.DOC GRADING AND EROSION & SEDIMENT CONTROL AGREEMENT and improvements located thereon as a consequence of the diversion of waters from the design or construction of drainage systems, private streets, grading and other development improvements. 7. Sale or Disposition of Property. Sale or other disposition of the property will not relieve the APPLICANT from the obligations set forth in this Agreement. If APPLICANT sells the property to any other person, the APPLICANT may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the APPLICANT may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve APPLICANT of the obligations under Paragraph 6 for the work done by the APPLICANT. 8. Time for Completion of Work/Time Extensions. APPLICANT shall complete all work required by the grading permit and this Agreement within six (6) months from the date of permit issuance. It is further agreed by and between the parties hereto, including the Surety on the bond securing this Agreement that, in the event it is deemed necessary to extend the time of completion for the work contemplated to be done under this Agreement, extensions of time may be granted by the City Engineer in accordance with Section 18.06.160 of the Code, such extensions shall in no way affect the validity of this Agreement or release the Surety on said bond. 9. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered by mail, postage prepaid and addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: Notice to APPLICANT: City of Temecula Greg Butler, Director of Public Works/City Engineer 41000 Main Street Temecula, California 92590 Notice to BANK (for Letter of Credit): Notice to SURETY (for bond): 10. Severability. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as the Agreement did not contain the particular part, term of provision held to be invalid. 11. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 12. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this Agreement. Revised: 09/01/12 Page 4 of 5 G•\COMMUNITY DEV\Land Dev\Agreements101 Private Dev\09.04.12 Grdg ESC Agmt. CAtty DOC GRADING AND EROSION & SEDIMENT CONTROL AGREEMENT 13. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modification, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, this Agreement has been duly executed by the CITY and the APPLICANT above named on , 20_. (ATTACH NOTARY ACKNOWLEDGEMENT) APPLICANT* CITY OF TEMECULA Name: Title: Greg Butler Director of Public Works/City Engineer ATTEST: Susan W. Jones, MMC Name: City Clerk Title: * Two signatures are required for corporations unless corporate documents are provided that indicates otherwise. Revised: 09/01/12 APPROVED AS TO FORM: Peter M. Thorson City Attorney Page 5 of 5 G:\COMMUNITY DEV\Land Dev\Agreements\01 Private Dev109.04.12 Grdg ESC Agmt. CAtty.DOC PUBLIC WORKS DEPARTMENT Land Development Division Grading and Erosion & Sediment Control Bond WHEREAS, the City of Temecula, State of California and (hereinafter designated as "Principal") have entered into an agreement entitled "Grading and Erosion & Sediment Control Agreement" whereby Principal agrees to install and complete certain improvements with approved plans and specifications, which said agreement, dated , 20_ and identified as Project , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a corporate surety bond for the faithful performance of the agreement; NOW, THEREFORE, we the Principal and as Surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ lawful money of the United States, for the payment of such sum will and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Revised: 8/21/2012 1 of 2 G:\COMMUNITY DEV\Land Dev\Bond Forms\02 Private Development\2012 Grading ESC Bond.doc IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 [SEAL] [SEAL] SURETY PRINCIPAL* By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson City Attorney Revised: 8/21/2012 By: (Name) (Title) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. 2 of 2 G:\COMMUNITY DEV\Land Dcv\Bond Forms\02 Private Development\2012 Grading ESC Bond.doc ,f- APPENDIX W "PROCEDURE FOR RELEASEQF„ CU JTY FOR PUBLIC IMPROVEMENTS 27-24 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION PROCEDURE FOR RELEASE OF SECURITY FOR PUBLIC IMPROVEMENTS The purpose of this document is to establish procedures and guidelines for the release of securities posted to cover the cost of public improvements that subdividers are required to construct. The release of securities shall be pursuant to the requirements of the Subdivision Map Act (Government Code Section 66499.7). All inquiries regarding the release of bonds shall be processed through the Permits Engineer of the Department of Public Works in the Land Development Division. Release of Security in "Bond" Form: 1. Faithful Performance Bond. The Faithful Performance bond ensures performance of the improvements. This bond is in the amount of 100% of the estimated cost of the improvements. The security furnished by the subdivider may be released in full or in part in the following manner: A. Full Release. The performance bond shall be released upon final completion and acceptance of the improvements, subject to the provisions noted below: (1) Per the State Government Code, once the work is 100% complete (no partial reductions prior), the subdivider may request for the release of security. The subdivider shall provide the City Engineer a written notice that includes, but is not limited to: a statement that the project is 100% complete, a list of the completed work and a formal request to release the security. (2) Upon receipt of the written notice, the City Engineer shall have 45 days to review the notice, the list of completed work, the site and confirm that all work is complete. a. If the City deems the work complete: i. The City will confirm that utility (sewer and water) agencies have cleared and accepted their systems, if applicable; and if so, the City Engineer will deem the project acceptable and reduce the performance security by refunding 90% of the security to the subdivider. ii. The City Engineer will hold the remaining 10% of the security for one year (as a warranty/maintenance security), following acceptance by the City, against defective work or labor done.or defective materials furnished, etc. iii. After the one year period, the subdivider shall provide a letter to the City Engineer requesting for a final inspection of the improvements prior to release of the final 10% security. b. If the City deems the work incomplete: i. The subdivider shall pay associated fees for premature inspection requests per City resolution(s). Within the 45 day review period, the City Engineer will provide a punchlist of incomplete items to the subdivider. All outstanding punchlist items shall be completed to the satisfaction of the City Engineer prior to re -scheduling another site inspection. Revised: 11/15/12 Bond Release Procedure.doc ii. The subdivider shall complete all outstanding punch list items and start the process again by notifying the City Engineer that all required work has been completed. B. Partial Release. In accordance with the requirements of Government Code Section 66499.7, the City Engineer shall allow a partial release of the faithful performance securities upon partial performance of the work or acceptance of the work as it progresses, pursuant to the following procedures: (1) A reduction in the performance security shall not be deemed to be an acceptance by the City Engineer of the improvements and the risk of loss and/or damage to the improvements. The obligation to maintain the improvements shall remain with the subdivider until all improvements have been accepted by City Council and all other required improvements have been fully completed. (2) If partial reduction of performance security is granted, the subdivider shall be responsible to continue to construct the improvements until all remaining items are accepted by City Council. Subdivider shall have only one opportunity to engage in the process of partial release of performance securities between the start of work and completion and acceptance of all work. (4) A partial release of performance security shall be allowed only when, at least, 80% of the total work has been completed. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20% of the total original performance security. If the subdivider is confident that 80% or more of the total work is completed, he shall provide the City a written notice that includes, but is not limited to: a statement that the project is more than 80% complete, a list of the completed work along with a cost estimate showing the completed work as well as the remaining work (which should not exceed 20% of the total original performance security) and a formal request for partial release of security. (6) Upon receipt of the written notice, the City will have 45 days to review, comment or approve the completion of the work. a. If the City deems 80% (or more) of the work complete: i. The City will approve the cost estimates and notify the subdivider that at least 80% of the improvements have been found to be complete. ii. The City will then schedule for City Council the partial release of security. Upon City Council approval, the City can release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work. iii. All remaining work shall be completed prior to the City releasing the remaining performance security. iv. The release of any remaining performance security shall be scheduled for City Council for acceptance of improvements and release of any remaining performance security. b. If the City deems 79% (or less) of the work complete: i. The subdivider has not met the criteria to be eligible for a partial reduction. The City will provide the subdivider a punchlist of all remaining work to be completed as well as a letter stating that he has exhausted his one opportunity to engage in the process of a partial release of security. ii. The subdivider shall complete all remaining work; and when ready, shall formally request for a full release of security based on 100% completion of improvements. (3) (5) C. Substitution Bonds. Substitution bonds may be used as a replacement for the performance security, subject to City approval. If substitution bonds are allowed, the release shall not be effective unless and until the City Engineer receives and approves that form of replacement security. D. Warranty. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until all claims filed during the warranty period have been settled. Warranty periods shall not commence until final acceptance of all work by City Council. Revised: 11/15/12 Bond Release Procedure,doc E. Reasonable Expenses and Fees. The City Engineer may retain, from any security released, an amount sufficient to cover costs and reasonable expenses and fees (including reasonable attorney fees) incurred by the City in successfully enforcing the obligation secured. 2. Labor and Materials Bond. The Labor and Materials bond secures payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the improvements required to be constructed or installed. This bond, which is in the amount of 50% of the estimated cost of the improvements, shall be released at least nine months after completion and acceptance of the improvements (based on the required periods for claims of lien and stop payment notices). A. Full Release. This section is pursuant to Article 2, commencing with Section 8412, of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code. (1) Per the Subdivision Map Act (Government Code Section 66499.7), within 45 days following the expiration of time in which claims of liens are required to be recorded and acceptance of improvements, this security shall be reduced to an amount equal to the total claimed (by all claimants for whom liens have been filed and of which notice has been given to the legislative body) plus an amount reasonably determined by the City Engineer to be required to ensure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. (2) Claims of Lien. Section 8412 of the Civil Code currently provides that such liens must be recorded within: a. 90 days after completion of the improvements if no notice of completion (NOC) or cessation has been recorded; or b. 60 days after recordation of the NOC or a notice of cessation Stop Payment Notices. The timeline of a stop payment notice shall also be taken into account. Section 9352 of the Civil Code identifies that a stop payment notice shall comply with the requirements of Chapter 2, commencing with Section 8100, of Title 1. Section 9558 of the Civil Code identifies that a claimant may commence an action to enforce the liability on the bond at any time after the claimant ceases to provide work, but not later than six months after the period in which a stop payment notice may be given. Section 9356 states that a stop payment notice is not effective unless given before the expiration of: a. 90 days after cessation or completion, if no NOC, acceptance or cessation has been recorded; or b. 30 days after the recordation of the NOC, acceptance or cessation (3) B. Partial Release. No partial release of the Labor and Materials bond shall be allowed. C. Claims/Stop Payment Notices. If no claims have been recorded (during the time within which claims of lien are required to be recorded) or no stop payment notices have been given under Civil Code sections 9356 and 9558, the security shall be released in full. 3. Subdivision Monument Bond. The monument bond ensures proper setting of subdivision monumentation. This bond, which is in the amount of 100% of the estimated cost of setting subdivision monuments, shall be released upon final completion and acceptance of installation of the subdivision monumentation. A. Full Release. The subdivider shall notify the City Engineer in writing that the monuments have been installed pursuant to the Subdivision Map Act and shall submit all required survey documents (centerline ties, etc.). Upon receipt of said notification, the City Engineer shall verify that all required monumentation has been set. If the setting of the monuments is found to be acceptable, the City Engineer shall release the monument bond accordingly. If not, the monument bond shall not be released until the final completion and acceptance of the monumentation is achieved. Revised: 11/15/12 Bond Release Procedure,doc B. Partial Release. No partial release of the monument bond shall be allowed. Release of Security in "Cash/Certificate of Deposit and Letter of Credit" Form: 1. The timeline noted in releasing security in bond form shall also be applicable to the release of securities in cash, certificate of deposit and/or letter of credit. A. Cash Deposit/Certificates of Deposit. A cash deposit or Certificates of Deposit may be acceptable in lieu of a bond. The Finance Department is the lead in releasing cash and Certificates of Deposits. B. Letter of Credit. A letter of credit may be acceptable in lieu of a bond. The Finance Department and City Clerk are the leads in communications with the issuing banks and in releasing this instrument of credit. Revised: 11/15/12 Bond Release Procedure.doc Item No. 17 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: January 8, 2013 SUBJECT: Highway 395 Corridor Study for Southwest Riverside County Update PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Receive and File. BACKGROUND: In October 2010, the City of Temecula adopted Resolution No. 10- 71 accepting $248,200 from the State of California Department of Transportation (Caltrans) for the preparation of the Highway 395 Corridor Study for Southest Riveside County (Study). Participating agencies included the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore, and the Western Riverside Council of Governments (WRCOG). Under the terms of the grant, the City of Temecula was the lead agency, with WRCOG as the sub -recipient for the purposes of administering the grant and serving as the designated Project Manager. The purpose of the Highway 395 Corridor Study was to develop a comprehensive transportation and land use plan for the shared 16 -mile, north -south arterial which parallels Interstate 15 and runs through the four contiguous Cities of Lake Elsinore, Murrieta, Temecula, and Wildomar. The joint planning process was intended to bring consistency to the individual City planning efforts, stimulate greater dialogue, and identify land use and transportation opportunities which could create a corridor that will achieve maximum efficiencies to serve future residents and employers. Concurrent with the Highway 395 Study, the City also embarked on a focused visioning effort for Jefferson Avenue area in which eight recommendations and goals were established to guide the future vision and ultimate development of a Specific Plan for the Jefferson Avenue area. The project teams from both the Jefferson Avenue visioning effort and the Highway 395 Corridor Study worked together to ensure consistency between the two planning efforts. Through a community-based planning process, the Highway 395 Corrdior Study evaluated existing conditions and anticipated growth patterns, and identified mobility and land use opportunities, including: • Multimodal transportation opportunities including rapid transit, transit centers, future high speed rail, bicycle paths, pedestrian facilities, and disabled accessibility; determined that the ordinance and the Grading Manual required modifications to maintain their accuracy and consistency with the California Building Code and current City policies and procedures. Thus, on August 26, 2008, City Council adopted Ordinance No. 08-09, which amended Ordinance No. 04-04. The amendments included modifications to the title, corrections to references to the 2007 California Building Code and minor additions and/or revisions for consistency and clarification purposes. The City Engineer also updated the Grading Manual. Currently, in staff's attempt to provide excellent customer service through accurate dissemination of information, staff has again identified the need to update the ordinance, title and manual. Therefore, this ordinance proposes modifications due to the following: (a) Adoption of the 2010 California Building Code; (b) Addition of the current encroachment permitting process within public rights-of-way; (c) Updates with current, complete and accurate information; and (a) Re -organization for efficiency purposes (more user-friendly) to better serve the public. Thus, staff recommends that City Council approve and adopt the proposed ordinance. Upon adoption, the City Engineer will finalize the manual updates, setting forth the revised administrative and technical procedures necessary to implement the new title. For your reference, refer to Exhibit A of the proposed Ordinance for a draft version of the City Engineer's Engineering and Construction Manual. FISCAL IMPACT: None ATTACHMENTS: Ordinance No. 13- • • • Mixed use development including activity centers and nodes near transit; • Housing and affordability issues; • Safety for all transportation modes; • Sustainability including reduced vehicle trips, reduced congestion, reduced air emissions, preserved historic and cultural setting, energy conservation, preserved open space; and • Economic development including employment centers, business and trade growth. Outreach: The project team conducted five Community Workshops in late 2011 and early 2012 to seek input on proposed multi -modal transportation and mixed use development strategies for the Corridor. Workshop participants were encouraged to provide feedback and ask questions about the Study, and took part in interactive exercises to prioritize preferred strategies. Local media outlets, transportation, housing, economic and other community based organizations were also notified about the Study. The interactive project website, www.highwav395corridorstudy.org, provided the public with the opportunity to learn more about the Study and sign-up for automatic email notifications when new project information was posted on the website, to review the latest information, download public documents related to the project, and provide input/comments. Deliverables and Final Steps: The following reports are available for public review on the project website: Existing Conditions Report - discusses the current and proposed transportation network and land use plan, along with the current regulatory policies pertaining to the Corridor within Southwest Riverside County. Multi -Modal Transportation Report - discusses the current transportation network and proposes measures to improve that network for all forms of travel. Mixed Use Development Opportunities Report - identifies preferred or feasible locations for future mixed-use development in the Corridor. Implementation Recommendations - present strategies for implementing the proposed transportation improvements and land use opportunities identified in previous Study efforts in the Corridor. FISCAL IMPACT: None Item No. 18 Approvals City Attorney Chief Financial Officer City Manager Sie-i— OciL CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, Interim City Manager DATE: January 8, 2013 SUBJECT: Formation of a Youth, Family and Health Regional Task Force (at the request of Mayor Naggar) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: 1. Initiate the formation of a Youth, Family and Health Regional Task Force; 2. Appoint two members of the City Council to participate in the Youth, Family and Health Regional Task Force. BACKGROUND: With the challenges and social issues that are facing families of all socioeconomic groups, and in light of developments in technology that pose new complications for youth and parents, Mayor Naggar proposes that the City of Temecula, as part of a Twin Cities effort with the City of Murrieta, initiate and form a Youth, Family and Health Regional Task Force consisting of Southwest Riverside County community leaders. This Task Force would discuss and raise awareness of concerns that face many households, seek solutions, and help to provide youth, parents and families with resources so that they are better able cope with modern-day influences including, for example, social media, virtual gaming, mental health, and drugs and alcohol. The Youth, Family and Health Regional Task Force is anticipated to comprise of two Council Members from each of the Cities of Temecula, Murrieta, Wildomar, Lake Elsinore, Canyon Lake, Menifee, Perris and Hemet and a representative from each of the respective School Districts, plus two Riverside County Supervisors. The Task Force is envisioned to draw upon experts including law enforcement, S.A.F.E. (Safe Alternatives for Everyone, a nonprofit organization that provides services to families who have experienced, or are at risk of, abuse and violence), educators, doctors and other professionals with expertise to address a range of issues that affect households with a goal to enhance available resources for youth, parents and families to constructively counter adverse challenges. Upon approval, Mayor Naggar will reach out to regional officials and representatives in support of forming the Youth, Family and Heath Regional Task Force. FISCAL IMPACT: None identified at this time. ATTACHMENTS: Twin Cities Press Release dated December 20, 2012, "Cities of Murrieta and Temecula Elected Leaders Discuss Formation of a Youth, Family and Health Regional Task Force" December 20, 2012 FOR IMMEDIATE RELEASE Media Contacts Mike Naggar, Mayor Pro -Tem Rick Gibbs, Mayor City of Temecula City of Murrieta (951) 506-5100 (951) 377-0053 mika.nayq1-pcittoft Tecuiaf''_t" rgibt j .^1_Irietaora RE: Cities of Murrieta and Temecula Elected Leaders Discuss Formation of a "Youth, Family and Health Regional Task Force" City of Murrieta Mayor Rick Gibbs and City of Temecula Mayor Pro -Tem Mike Naggar met this week with Murrieta Council Member Harry Ramos, Murrieta Police Captain Sean Hadden, Temecula Police Chief Andre O'Harra, Temecula Interim City Manager Aaron Adams and representatives from S.A.F.E. (Safe Alternatives for Everyone), a nonprofit organization that provides services to families who have experienced or are at risk of abuse and violence, to discuss ideas that would create greater awareness and help to educate the local area's youth, parents and families to cope with challenges that face many households. Mayor Pro -Tem Mike Naggar of Temecula expressed his desire to form a Task Force of community leaders and experts, similar to the region's Medical Needs Task Force and Autism Task Force, "I see a real need to assemble community leaders, identify problems, discuss solutions and implement them area wide." Naggar further stated, "A Task Force of leaders and experts can reach out to the community in a public forum and discuss issues that are prevalent today with young people and families. We need to provide resources for our community to be able to deal with modern day influences such as social media, virtual gaming, mental health, and drugs and alcohol to name a few." Murrieta Mayor Rick Gibbs agrees and noted, "We live in a new world where there are a number of threats in our environment. Our children are our most precious resource so it is incumbent on erected leaders and school leadership to ensure that our families and children are provided the education, tools and resources that will keep them safe." The Twin City leadership of the City of Murrieta and the City of Temecula together with S.A.F.E. will reconvene again in early 2013 and join forces with other cities, local school districts and law enforcement in the region to discuss a range of issues that affect youth and families with a goal to enhance available resources. "If we can assist families through education, awareness and resources, and they are consequently better able to grasp and counter adverse challenges that they may face, then we've succeeded," stated Naggar. The anticipated makeup of the Youth, Family and Health Regional Task Force would include two Council Members from each of the Cities of Murrieta, Temecula, Wildomar, Lake Elsinore, Canyon Lake, Menifee, Perris and Hemet and a representative from the school districts within each city, plus two of the five elected Riverside County Supervisors whose Supervisorial District falls within these areas of the County. CC: Temecula City Council Murrieta City Council REQUESTS TO SPEAK City Council Meeting 01/08/13 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. //g/ Q� Please go to the public podium and state your name for the record. Date 1 U / Subject I wish to speak on Agenda Item No. OD)3 of temee4 �2Aet/y-Ls- e&Azi' ❑ For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. %- — %%(v X-/ Oupy) �(n Phone: Name: Address: City/State/Zip If you are representing an organization or oupe give the named ,/ �a40/1ze)e'S IL a /4/a l/ V&Qit/v 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 &/— O ZO / � I wish to speak on Agenda Item No. Subject M0- f 2 �C ��Zilf101/CN /A76 ALfC /7Y p ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. ��( Name: /j CLG///lr Phone: 6 _ Address: City/State/Zip - If 4If you are representing an organization or group, please give the name: 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 i / � / ZO( 3 I wish to speak on Agenda Item No. Subject Pict A% crr QaCcTN'kmondc�l'Z" 1a.4� c¢ T� -car. d-c,A V, uLe--r V1'0621, e-[e,rg, G-__ For F of OL.Z G !!�1 dam- iI� ,1ti Crw C. n Against (J Public Comment c Please note that all information presented at a City Council meeting becomes public record All information provided is optional Name: 1�1 �lJ 0 E .� j7 (') N i M 0 i PLO Phone: Address: - City/State/Zip If you are representing an organization or group, please give the name: 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. 8 3 Subject " I -` 7-6tS l C e For n Against nPublic Comment I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public recorcb All information provided is optional. Name: /I Y 2n, /Te Phone: ) Address: City/State/Zip If you are representing an organization or group, please give the name: C H-5 S e 1 S(