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HomeMy WebLinkAbout111312 CC AgendaIn compliance with the Americans Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Department at 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] SPECIAL MEETING NOTICE/AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA TUESDAY, NOVEMBER 13, 2012 5:00 PM ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington There are many lengthy items for closed session. Therefore, this Special Meeting was called in order to provide additional time in closed session beyond the 5:30 p.m. start time for closed session described in the adjournment of the October 23, 2012 Council Meeting. 5:00 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 Council will meet in closed session for a public employee performance evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. 2) Conference with Legal Counsel—Potential Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, 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. 3) Conference with Legal Counsel—Existing Litigation. 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. 4) Conference with Legal Counsel—Existing Litigation. 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. 1 ADJOURNMENT OF SPECIAL MEETING Date Mayor Chuck Washington NOTICE TO THE PUBLIC The Agenda will be available for viewing, prior to the meeting, at the Main Reception at City Hall — 41000 Main Street, Temecula, 8:00 — 5:00 PM as well as on the City's website — www.cityoftemecula.orq. Any staff report/written material pertaining to this meeting will be available, prior to the meeting, for public review at the Main Reception and at the respective meeting. Any Supplemental Material distributed to a majority of the Council Members regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception. In addition, such material will be made available for review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Hall — 951-694-6444. 2 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 NOVEMBER 13, 2012 5:30 PM CLOSED SESSION 7:00 PM REGULAR SESSION 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. 5:30 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 Council will meet in closed session for a public employee performance evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. 2) Conference with Legal Counsel—Potential Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, 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. 3) Conference with Legal Counsel—Existing Litigation. 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. at, Granite Construction Co. et. aL, real party in interest" Riverside County Superior Court No. RIC 1211312. 4) Conference with Legal Counsel—Existing Litigation. 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. This Closed Session may need to be completed at the end of the Regular Meeting in the Heritage Conference Room. 3 Next in Order: Ordinance: 12-07 Resolution: 12-76 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Cassidy Hsieh Invocation: Ghazala Jones of Baha'i Community of Temecula Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Temecula Valley Woman's Club Family Night in Temecula Proclamation Presentation by Army Corp of Engineers — Murrieta Creek 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. 4 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of October 23, 2012. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of September 30, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2012. 5 Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. RECOMMENDATION: 5.1 Approve the Sponsorship Agreement in the amount of $5,000 with Trauma Intervention Program of Southwest Riverside County, Inc. 6 Agreement with Innovative Document Solutions for the lease of Canon copiers RECOMMENDATION: 6.1 Approve a five-year agreement with Innovative Document Solutions (IDS) for the lease of seven replacement Canon copiers for an annual amount of $14,908, and for the lease of one new Canon copier for an annual amount of $3,216 for a total contract amount of $90,620. 5 7 Fee Reimbursement Agreement with Jones/Blumenthal Temecula Real Property LLC RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC 8 Purchase of Utility Compactor (Roller) RECOMMENDATION: 8.1 Approve an agreement with Atlas Copco CMT USA LLC for the purchase of a Dynapac CC1200C Utility Compactor (Roller) for a total amount of $42,402.86. 9 Graffiti Abatement Restitution Rates RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING RESTITUTION RATES FOR GRAFFITI ABATEMENT PROGRAM COSTS AND EXPENSES 10 Grants of Easement and Access Easement to Rancho California Water District for Installation of a Groundwater Monitoring Well (located within Temecula Creek Trail Park) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT AND A GRANT OF ACCESS EASEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL LOCATED WITHIN TEMECULA CREEK TRAIL PARK 10.2 Direct the City Clerk to forward the approved Grants of Easement and Access Easement to Rancho California Water District for their acceptance and recordation. 6 11 Fourth Amendment to the Professional Engineering Services Agreement with RBF Consulting for the Design of the I-15/SR-79 South Ultimate Interchange, PW04-08 RECOMMENDATION: Approve the Fourth Amendment to the Agreement for Professional Engineering Services with RBF Consulting for additional engineering, right of way, and environmental activities on the I-15/SR-79 South Ultimate Interchange Project, in the amount of $316,000. 12 Second Amendment to the Professional Services Agreement with Harris and Associates for the Design of the Pavement Rehabilitation Program, PW10-05 RECOMMENDATION: 12.1 Approve the Second Amendment to the agreement with Harris and Associates in an amount not to exceed $17,855 for additional services to complete the improvement plans for Winchester Road, Rancho California Road, and Rancho Vista Road, PW10-05; 12.2 Authorize an increase to the contingency in the amount of $1,785.50. 13 First Amendment to the Consultant Services Agreement for the Old Town Temecula Community Theater Remediation, PW12-04 RECOMMENDATION: 13.1 Approve the First Amendment to the Consultant Services Agreement with Randy Meyer, dba Meyer and Associates in the amount of $228,895 for design and construction services associated with the Old Town Temecula Community Theater Remediation, PW12-04; 13.2 Authorize an increase to the contingency in the amount of $22,889.50. 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 7 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-07 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. 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of October 23, 2012. 15 Sponsorship Agreement with the Friends of the Temecula Children's Museum for the 2012 Winter Wonderland — December 14, 2012 RECOMMENDATION: 15.1 Approve the Sponsorship Agreement with the Friends of the Temecula Children's Museum in the amount of $10,400 for entertainment, equipment rental and snow, and $6,062 for coordination and road closure services for the 2012 Winter Wonderland. 8 16 Temecula Sister City Association Community Grant RECOMMENDATION: 16.1 Approve the Sponsorship Agreement with Temecula Sister City Association in the amount of $5,301 for in-kind staff services, $430 for in-kind facility use, and a $7,500 cash donation to provide cultural exchange services. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, November 27, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 17 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) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PA12-0034) (APN 944-060-006) 17.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) 17.3 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 11 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944- 060-006) CITY COUNCIL BUSINESS 18 Community Service Funding Program for Fiscal Year 2012-13 RECOMMENDATION: 18.1 Review and approve the Fiscal Year 2012-13 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendation of $67,500 to 14 organizations, which includes an appropriation of $7,500 to the Community Service Funding Program from the General Fund available fund balance; 18.2 Authorize the Community Service Funding Program Ad Hoc Subcommittee to research opportunities that may broaden City programs in order to support various community needs that remain unfunded by the Community Service Funding Program. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, November 27, 2012, 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.ora — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 12 CONSENT CALENDAR PRESENTATIONS City of TeA Certificate of A Presented on behalf of the citizens of the City o. Temecula Valley for over 30 years of service to their community, giving of their time an( community. Temecula Valley Woman's Club has provided service an federated committees, education, the arts, seniors and youth, Rancho I fundraising efforts, including the Annual Holiday Home Tour, has raise( the Temecula Town Association Community Center Building Fund, the the Chapel of Memories, and countless on-going support for the Temecu: Council of the City of Temecula would sincerely like to thank Temecula they provide to our community, making it a place where all can feel a s1 I• The City of Temecula PROCLAMATION WHEREAS, strong families create strong communities and promote healthy social conditions; and WHEREAS, strong families provide stability for our citizens and instill responsibility and values in our children; and WHEREAS, during National Family Week, we underscore our City's support of families and recognize the significance of family to our City; and WHEREAS, families have an important role in teaching our young people to understand the consequences of their actions and to recognize that the decisions they make today could affect the rest of their lives. In times of change, the family values of compassion, reverence, and integrity serve as steady guides; and WHEREAS, during National Family Week, we reaffirm the importance of families as a vital source of strength, confidence, and compassion for all of our citizens; and WHEREAS, the spiritual community of Temecula, in conjunction with the founders of National Family Week, suggests that families set aside every Monday as "Family Night', recognizing that quality time together provides an opportunity for parents to reinforce family values and strengthen family relationships. It also assists parents in building love, loyalty, and companionship, as well as providing a refuge from the many challenges facing children and families in today's world. NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby proclaim every Monday in November to be "Family Night in Temecula 2012-2013" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this thirteenth day of November, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 23, 2012 – 7:00 PM 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) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding a parcel of real property on the Temecula Escarpment. The parcel is owned by Phat and Huong Nguyen and consists of approximately 23.33 acres (APN 940-250-0013) located on the escarpment west of the City limits in unincorporated Riverside County. The parties to the negotiations for the purchase of the property are the Phat and Huong Nguyen, Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the City and Authority's purchase of the property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for 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. 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 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 Nathan Guy dba Faith Armory. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms. 4) Conference with Legal Counsel—Existing Litigation. 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 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. Action Minutes 102312 1 5) Conference with Legal Counsel—Existing Litigation. 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 6:00 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 7:02 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Kate Prestia-Schaub Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Mayor Pro Tem Naggar ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Miss Junior and Teen Temecula Presentation PUBLIC COMMENTS The following individuals addressed the City Council: • Robin Hridston • Adrienne Murphy • Bret Kelley • Lorena Spencer • Dolores Sargeant • Paul Jacobs • Courtney Holton • Ed Dool • Walt Allen CITY COUNCIL REPORTS Action Minutes 102312 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 2.1 Approve the action minutes of October 1, 2012; 2.2 Approve the action minutes of October 9, 2012. 3 List of Demands — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Resolution Opposing San Diego County Water Authority's Cost Shift (at the request of Mayor Washington) — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 12-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING SAN DIEGO COUNTY WATER AUTHORITY'S COST SHIFT Action Minutes 102312 3 5 Resolution to Support the Autism Playbook and Resource Guide (at the request of Mayor Pro Tem Naggar) — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT THE AUTISM PLAYBOOK AND RESOURCE GUIDE WHICH IS A RESULT OF THE AUTISM TASK FORCE AND WILL BE AVAILABLE FOR OTHER MUNICIPALITIES AND AREAS TO USE TO HELP ADDRESS THIS HEALTH CRISIS IN THEIR COMMUNITY 6 Amendment with Environmental Science Associates (ESA) to allow for additional archeological testing for the Bella Linda Residential Project — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 6.1 Approve the First Amendment to the Agreement with Environmental Science Associates in the amount of $13,580 to allow for additional archeological testing. 7 Temporary Street Closures for 2012 Winter Fest Events — Approved staff recommendation (3-0-2, Council Member Comerchero and Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Comerchero and Edwards abstaining. RECOMMENDATION: 7.1 Receive and file the following proposed action by the City Manager — temporarily close certain streets for the following 2012 Winter Fest Events: `VETERAN'S DAY EVENT' `SANTA'S WORKSHOP' 'SANTA'S ELECTRIC LIGHT PARADE' `ICE SKATING RINK AT TOWN SQUARE' 'PENNYPICKLE'S WINTER WONDERLAND' 'NEW YEAR'S EVE CELEBRATION' At 7:51 P.M., the City Council recessed and convened as the Temecula Community Services District. At 8:08 P.M., the City Council resumed with regular business. Action Minutes 102312 4 CITY COUNCIL BUSINESS 14 Comprehensive Citywide Street Pole Banner Program — Approved staff recommendation (5-0-0) Councilmember Naggar made the motion; it was seconded by Councilmember Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the Comprehensive Citywide Street Pole Banner Program with an estimated cost of $60,800 in Fiscal Year 2012-13, as directed by the Economic Development Subcommittee. By way of PowerPoint presentation, Senior Planner, Luke Watson presented the staff report as per agenda material. The following individuals addressed the City Council: • Jackie Hrbacek • Greg Scharf DEPARTMENTAL REPORTS 15 Development Services Department Monthly Report 16 Police Department Monthly Report 17 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that with regard to Items 1, 2 and 3 there were no reportable actions and no final action will be taken on the property until it comes back to Council for consideration in open session. With regard to Items 4 and 5 City Attorney Thorson advised that there were no reportable actions under the Brown Act. Action Minutes 102312 5 ADJOURNMENT At 8:29 P.M., the City Council meeting was formally adjourned to Tuesday, November 13, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 102312 6 Item No. 3 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r - Ad r, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Chief Financial Officer DATE: November 13, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- 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. 12- 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 $5,266,402.90. 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 13th day of November, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/11/2012 TOTAL CHECK RUN $ 1,607,830.52 10/18/2012 TOTAL CHECK RUN 1,628,609.00 10/25/2012 TOTAL CHECK RUN 1,184,175.36 10/11/2012 TOTAL PAYROLL RUN: 435,038.73 10/25/2012 TOTAL PAYROLL RUN: 410,749.29 TOTAL LIST OF DEMANDS FOR 11/13/2012 COUNCIL MEETING: $ 5,266,402.90 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,034,342.49 135 BUSINESS INCUBATOR RESOURCE 681.70 140 COMMUNITY DEV BLOCK GRANT 4,161.79 150 AB 2766 FUND 3,357.48 165 SARDA AFFORDABLE HOUSING 22,769.32 170 MEASURE A FUND 41,902.08 190 TEMECULA COMMUNITY SERVICES DISTRICT 383,285.39 192 TCSD SERVICE LEVEL B 76,611.62 194 TCSD SERVICE LEVEL D 4,594.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,641.28 197 TEMECULA LIBRARY FUND 25,885.32 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,409,439.08 300 INSURANCE FUND 16,048.32 320 INFORMATION TECHNOLOGY 87,322.91 330 SUPPORT SERVICES 6,930.78 340 FACILITIES 38,245.65 375 SUMMER YOUTH EMPLOYMENT PROGRAM 589.90 380 SARDA DEBT SERVICE FUND 136,960.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,509.22 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 925.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 2,182.02 477 CFD- RORIPAUGH 1,925.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,474.47 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,214.79 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 3,439.71 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 375.81 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,723.18 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,245.73 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,243.86 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 9,531.84 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 113.26 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 666.18 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 125.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 5,632.65 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 3,409.96 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,159.73 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 763.65 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,932.94 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 119.68 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 8,788.14 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,744.27 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 11,655.07 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 16,431.64 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 311.21 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 468.51 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 8,615.26 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 3,005.41 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 154.16 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 732.96 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 14,245.68 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 216.13 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,763.58 $ 4,420,614.88 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 529,322.57 140 COMMUNITY DEV BLOCK GRANT 3,078.43 165 SARDA AFFORDABLE HOUSING 11,985.89 190 TEMECULA COMMUNITY SERVICES DISTRICT 193,031.58 192 TCSD SERVICE LEVEL B 456.39 194 TCSD SERVICE LEVEL D 5,706.66 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 959.32 197 TEMECULA LIBRARY FUND 1,888.81 300 INSURANCE FUND 2,739.15 320 INFORMATION TECHNOLOGY 41,910.32 330 SUPPORT SERVICES 8,527.17 340 FACILITIES 19,872.24 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 171.60 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 115.07 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 136.79 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 25.02 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 277.05 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 50.17 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 71.23 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 470.46 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 4.70 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 21.28 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 14.44 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 314.03 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 67.02 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 38.77 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 33.89 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 78.20 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 6.82 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 290.85 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 155.74 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 421.95 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 713.79 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 17.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 18.76 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 401.51 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 129.43 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 5.86 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 18.76 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 591.89 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 7.97 700 CERBT CALIFORNIA EE RETIREE-GASB45 21,639.38 845,788.02 TOTAL BY FUND: $ 5,266,402.90 apChkLst Final Check List Page: 1 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2011 10/04/2012 000246 PERS (EMPLOYEES' RETIREMENT) 2013 10/03/2012 000283 INSTATAX (IRS) 2015 10/03/2012 000444 INSTATAX (EDD) 2018 10/11/2012 000389 NATIONWIDE RETIREMENT SOLUTION 2019 10/11/2012 010349 CALIF DEPT OF CHILD SUPPORT 2020 10/11/2012 000245 PERS-HEALTH INSUR PREMIUM 2021 10/11/2012 000194 IC MA RETIREMENT -PLAN 303355 2022 10/11/2012 000444 INSTATAX (EDD) 2023 10/11/2012 000283 INSTATAX (IRS) 2024 10/11/2012 001065 NATIONWIDE RETIREMENT SOLUTION 2025 10/11/2012 000246 PERS (EMPLOYEES' RETIREMENT) 2026 10/11/2012 000642 TEMECULA CITY FLEXIBLE 154585 10/11/2012 003552 AFLAC 154586 10/11/2012 015323 A PLUS HEATING & 154587 10/11/2012 013367 ACTIVE MICRO INC 154588 10/11/2012 004422 AMERICAN BATTERY CORPORATION 154589 10/11/2012 000936 AMERICAN RED CROSS Description Amount Paid Check Total PERS ER Paid Member Contr Payment Federal Income Taxes Payment State Disability Ins Payment OBRA- Project Retirement Payment Support Payment PERS Health Admin Cost Payment Blue Shield HMO Payment ICMA Retirement Trust 457 Payment State Disability Ins Payment Federal Income Taxes Payment Nationwide Retirement Payment PERS ER Paid Member Contr Payment Child Care Reimbursement Payment AFLAC Cancer Payment refund:appl/permit w/d:B12-1897 misc tools/equip: pw traffic fire system batteries: pbsp staff certifications: aquatics 146,512.25 146,512.25 79,653.50 79,653.50 22,470.11 22,470.11 3,164.94 3,164.94 1,176.34 1,176.34 86,246.72 0.00 8,454.34 86,246.72 8,454.34 22,724.86 22,724.86 80,303.04 80,303.04 15,154.83 15,154.83 146,135.72 146,135.72 7,298.72 7,298.72 3,092.00 3,092.00 145.44 145.44 691.17 691.17 145.90 145.90 280.00 280.00 Pagel apChkLst Final Check List Page: 2 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154590 10/11/2012 013950 AQUA CHILL OF SAN DIEGO 154591 10/11/2012 015320 ARANA, SOURINYA 154592 10/11/2012 001323 ARROWHEAD WATER INC Description Amount Paid Check Total Sept drinking water sys maint:PD refund:sec dep/kitchen rental:CRC Bottled wtr svcs: PBSP Bottled wtr svcs: Skate Park Bottled wtr svcs: TES pool Bottled wtr svcs: CHS aquatics Bottled wtr svcs: CM Bottled wtr svcs: MPSC Bottled wtr svcs: Theater Bottled wtr svcs: TV Museum Bottled wtr svcs: Ch Museum Bottled wtr svcs: TCC Bottled wtr svcs: Fld Op Ctr Bottled wtr svcs: CRC Bottled wtr svcs: Library Bottled wtr svcs: Harveston Ctr 154593 10/11/2012 005946 AYERS DISTRIBUTING misc supplies: halloween camival COMPANY 154594 10/11/2012 013482 BAS SECURITY 154595 10/11/2012 004262 BIO-TOX LABORATORIES 26.94 26.94 729.10 729.10 47.51 6.45 63.94 21.45 45.94 131.60 36.29 18.95 24.77 16.79 155.25 74.85 71.76 24.32 739.87 1,032.00 1,032.00 9/16-30 security svcs:harveston 748.00 8/31-9/15 security svcs:harveston DUI & drug screens: Police DUI & drug screens: Police DUI & drug screens: Police DUI & drug screens: Police DUI & drug screens: Police DUI & drug screens: Police 154596 10/11/2012 014329 BOOK WHOLESALERS, INC (111) books: Library 154597 10/11/2012 014718 BURT, KRISTA A. TCSD instructor earnings 154598 10/11/2012 009082 C B C TECHNICAL INC misc soundAighting supplies: Theater 154599 10/11/2012 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 816.00 1,564.00 879.00 1,422.20 1,042.29 1,052.00 1,947.90 694.75 7,038.14 1,980.30 1,980.30 105.00 105.00 252.00 252.00 317.07 397.31 253.20 158.97 897.64 828.49 2,852.68 Page2 apChkLst Final Check List Page: 3 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154600 10/11/2012 011383 CAL STATE SAN MARCOS tenant improvements: CSUSM 136,960.00 136,960.00 UARSC 154601 10/11/2012 001610 CALTRANS source inspection svc: frvly pkwy 10,000.00 10,000.00 154602 10/11/2012 000131 CARL WARREN & COMPANY Aug liability claims mgmt: SB&O 2,146.72 2,146.72 INC 154603 10/11/2012 006114 CASEY, MARGIE reimb: snacks permit demo mtgs 115.68 115.68 154604 10/11/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 154605 10/11/2012 015318 CLEMENTS, KELLY refund:Digital photography 1144.202 96.00 96.00 154606 10/11/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 51.00 51.00 CHARITIES 154607 10/11/2012 013286 CONN EXON TELECOM INC Sep Enterprise 911 Svc: IT 250.00 250.00 154608 10/11/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: Library 123.91 DIST. misc electrical supplies: parking garage misc electrical supplies: CRC misc electrical supplies: Civic Ctr 154609 10/11/2012 014521 COSTAR GROUP Sept -Oct web subscr: eco dev INFORMATION, INC 154610 10/11/2012 001264 COSTCO WHOLESALE 154611 10/11/2012 014501 COUNTYWIDE MECHANICAL SYSTEMS 7.54 96.98 74.35 302.78 727.32 727.32 refreshments/supplies:college fair 691.49 misc supplies: cultural events 368.36 1,059.85 dehumidifier repair svcs: civic center 376.44 BYPASS TIMER INSTALL: CONFERENCE a/c unit repair svcs: parking garage hvac repair svcs: Civic Ctr 154612 10/11/2012 010650 CRAFTSMEN PLUMBING & acoustical sound tiles install:mpsc HVAC INC 154613 10/11/2012 002990 DAVID TURCH & ASSOCIATES Sept legislative cnslt svc: CM 214.10 410.00 110.00 3,930.00 1,110.54 3,930.00 3,500.00 3,500.00 Pages apChkLst Final Check List Page: 4 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154614 10/11/2012 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total Fuel for City vehicles: Code Enf 390.92 Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Maint Fuel for City vehicles: B&S Fuel for City vehicles: TCSD/PW 154615 10/11/2012 015321 DUSTIN PHILLIPS POOLS refund:sec dep:rm rental:MPSC 154616 10/11/2012 002390 EASTERN MUNICIPAL WATER DIST 154617 10/11/2012 004068 ECALDRE MANALILI-DE VILLA, AILEEN 187.34 489.85 383.36 1,797.60 482.94 2,634.75 6,366.76 200.00 200.00 Sep meter:32131 So Loop rd DCDA 46.50 Sep meter:32131 So Loop rd LDSC 693.64 Sep meter:32131 So Loop rd Bldg 95.14 835.28 TCSD Instructor Eamings 420.00 TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 154618 10/11/2012 014419 ELLIOTT, MICHAEL G. Sept Indscp insp svc:hospital median 154619 10/11/2012 015184 ELSIE MANAGEMENT, INC 154620 10/11/2012 002939 ENVIRONMENTAL SYSTEMS RESEARCH 154621 10/11/2012 015326 ERIC S JACOBSON TRUST ACCT 154622 10/11/2012 014819 FLATIRON WEST, INC. 154623 10/11/2012 011145 FOSTER, JILL C. 350.00 266.00 98.00 211.75 252.00 112.00 318.50 2,028.25 350.00 350.00 withholding:CA State Board Equalization -697.00 Theater performances: 10/5-10/6 15,000.00 14,303.00 ESRI software maint: GIS 16,489.56 16,489.56 relocation svcs:Temecula Marine Ctr 12,243.00 12,243.00 Sept const: french valley pkwy 316,243.52 316,243.52 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 154624 10/11/2012 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm INC 154625 10/11/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 1,434.77 1,601.60 1,170.16 4,206.53 274.78 274.78 50.00 50.00 Page4 apChkLst Final Check List Page: 5 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154626 10/11/2012 009097 FULL COMPASS SYSTEMS Sound/Lighting Supplies: Theater 138.92 138.92 154627 10/11/2012 010326 G E MOBILE WATER, INC Sept power washer exchg: Stn 73 127.15 127.15 154628 10/11/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 689.25 689.25 154629 10/11/2012 009608 GOLDEN VALLEY MUSIC sttlmnt: Color It Autumn 9/8 153.07 153.07 SOCIETY 154630 10/11/2012 005311 H2O CERTIFIED POOL WATER Sept fountain maint: civic ctr 500.00 SPCL. Sept maint svcs: CRC/TES pools 900.00 Sept fountain maint: town square 175.00 154631 10/11/2012 002109 HD SUPPLY CONSTR. SUPPLY MISC MAINT SUPPLIES: PW MAINT LTD 154632 10/11/2012 012082 HELIX ENVIRONMENTAL biological study:meadowview erosion PLANNING 93.78 1,575.00 93.78 2,437.75 2,437.75 154633 10/11/2012 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 182.00 TCSD Instructor Eamings 182.00 TCSD Instructor Eamings 466.38 830.38 154634 10/11/2012 002701 HUB INT'L INSURANCE Sept '12 special events premiums 1,046.32 1,046.32 SERVCS INC 154635 10/11/2012 013695 INLAND EMPIRE SHRED IT 9/10 doc shred svcs: Police 15.00 15.00 154636 10/11/2012 011228 INLAND PLANNING AND AUG CNSLT SVCS:JEFFERSON 450.00 450.00 DESIGN INC CORRIDOR 154637 10/11/2012 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 140.00 140.00 154638 10/11/2012 013200 JAROTH INC Oct pay phones:duck pond,Library,CRC 212.64 212.64 154639 10/11/2012 012285 JOHNSTONE SUPPLY sump pump freight: civic ctr 19.10 misc electrical supplies: Fld Op Ctr 26.67 45.77 154640 10/11/2012 000820 K R W & ASSOCIATES Sept eng plan ck svc:pw land dev 4,400.00 4,400.00 154641 10/11/2012 013722 KUNZMAN ASSOCIATES INC traffic study: arco gas stn & deli 5,000.00 5,000.00 154642 10/11/2012 000209 L & M FERTILIZER INC misc equip parts: pw maint 29.87 rescue saw: Stn 73 1,115.17 1,145.04 Pages apChkLst Final Check List Page: 6 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154643 10/11/2012 003726 LIFE ASSIST INC Description Amount Paid Check Total medical supplies: Paramedics medical supplies: Paramedics medical supplies: Paramedics medical supplies: Paramedics 154644 10/11/2012 004230 LINCOLN EQUIPMENT INC misc supplies: aquatics 154645 10/11/2012 005090 LOS RANCHITOS HOME, OWNERS ASSOC. 13.88 16.20 382.94 40.50 453.52 107.65 107.65 APN 922-190-035 property assoc dues 25.00 APN 922-140-010 property assoc dues 25.00 50.00 154646 10/11/2012 009263 LOWES HIW INC facility maint supplies: Stn 73 155.16 shelving: Stn 73 270.33 425.49 154647 10/11/2012 003782 MAIN STREET SIGNS misc street signs: pw street maint 3,214.83 3,214.83 154648 10/11/2012 004141 MAINTEX INC misc cleaning supplies: var facilities 2,595.59 2,595.59 154649 10/11/2012 006571 MELODYS AD WORKS INC. Oct marketing & promo srvcs: old town 3,500.00 3,500.00 154650 10/11/2012 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,224.38 7,224.38 COMPANY 154651 10/11/2012 007669 MILES, KATRINA TCSD Instructor Eamings 147.00 147.00 154652 10/11/2012 012264 MIRANDA, JULIO C. TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 154653 10/11/2012 004586 MOORE FENCE COMPANY INC replace fence:la serena park 154654 10/11/2012 010908 MR APPLIANCE OF kitchen equip repair srvcs: crc WINCHESTER 154655 10/11/2012 015322 MUSIC THEATRE Shipping fee on actor's book:Theater INTERNATIONAL 154656 10/11/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:childrens museum DIV 154657 10/11/2012 002105 OLD TOWN TIRE & SERVICE 1,050.00 1,260.00 588.00 2,898.00 885.00 885.00 165.00 165.00 10.00 10.00 84.02 Misc office supplies:pw land dev 149.77 Credit:misc office supplies/pw depts. -26.51 Business cards:fire 72.45 City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:parks City Vehicle Maint Svcs:parks City Vehicle Maint Svcs:parks 55.00 726.03 55.00 55.00 279.73 891.03 Pages apChkLst Final Check List Page: 7 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154658 10/11/2012 002105 OLDTOWN TIRE &SERVICE CITY VEHICLE MAINT SVCS:POLICE 154659 10/11/2012 001171 ORIENTAL TRADING COMPANY INC 252.11 252.11 Misc supplies:history museum 217.53 Misc supplies:history museum 32.00 misc supplies:csd holiday events 204.99 454.52 154660 10/11/2012 011439 PELTZER FARMS INC Pumpkins for Pumpkin Plunge 10/13/12 835.00 835.00 154661 10/11/2012 000249 PETTY CASH Petty Cash Reimbursement 300.93 300.93 154662 10/11/2012 010338 POOL & ELECTRICAL misc pool supplies: var sites 176.94 PRODUCTS INC misc pool supplies: var sites 188.57 365.51 154663 10/11/2012 002185 POSTMASTER Postage for mailing City newsletters 5,779.41 5,779.41 154664 10/11/2012 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 221.25 221.25 INC 154665 10/11/2012 012904 PRO ACTIVE FIRE DESIGN Sep plan check consultant: Prevention 10,749.55 10,749.55 154666 10/11/2012 013725 PROCRAFT INC elevator repair srvcs: civic center 95.00 95.00 154667 10/11/2012 014379 PROFESSIONAL IMAGE Storage &maint:street banners 2,892.50 2,892.50 ADVERTISING 154668 10/11/2012 000947 RANCHO REPROGRAPHICS Reprographic srvcs:tennis courts gohs 12.18 12.18 154669 10/11/2012 000271 RBF CONSULTING AUG ENG CONSULT:DIAZ/DENDY 2,370.00 2,370.00 154670 10/11/2012 004584 REGENCY LIGHTING electrical supplies: library 80.81 80.81 154671 10/11/2012 003591 RENES COMMERCIAL Maint & clean out srvcs:City Channels 4,000.00 MANAGEMENT Weed & trash abatement:City ROW 752.00 4,752.00 154672 10/11/2012 015211 REZA, CARMEN refund:No-Stress watercolor 1070.203 70.00 70.00 154673 10/11/2012 000220 ROBINSON PRINTING & Blank stock forAOB & CIP Budget 878.16 878.16 CREATIVE 154674 10/11/2012 015319 ROBINSON, MARY L. refund:sec dep:rm rental:MPSC 200.00 200.00 Page:7 apChkLst 10/11/2012 2:29:50PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154675 10/11/2012 005329 SAFE ALTERNATIVE FOR EVERYONE 154676 10/11/2012 007582 SAFEGUARD DENTAL & VISION 154677 10/11/2012 008529 SHERIFFS CIVIL DIV - CENTRAL 154678 10/11/2012 009213 SHERRY BERRY MUSIC 154679 10/11/2012 004498 SIEMANS INDUSTRY, INC. 154680 10/11/2012 009746 SIGNS BYTOMORROW 154681 10/11/2012 000645 SMART& FINAL INC 154682 10/11/2012 000537 SO CALIF EDISON 154683 10/11/2012 007711 SO CALIF PUBLIC POOL OPERATORS 154684 10/11/2012 000519 SOUTH COUNTY PEST CONTROL INC 154685 10/11/2012 012652 SOUTHERN CALIFORNIA (Continued) Description Amount Paid Check Total Council community service funding SafeGuard Vision Plan Payment SUPPORT PMT Jazz © the Merc 10/4/12 Induction lighting install:Trf. Traffic signal repair & maint:PW Traffic Banners for T.V. CollegeNoc. Misc supplies:history museum Oct 2-01-202-7330:LS-1 Allnite Sep 2-29-479-2981:31454 Tem pkwy Sep 2-27-805-3194:42051 Main St Sep 2-31-031-2590:28301 Rancho Cal Sep 2-31-936-3511:46488 Pechanga Sep 2-30-066-2889:30051 Rancho vista Sep 2-29-974-7899:26953 Ynez rd LS3 Sep 2-05-791-8807:31587 Tem pkwy LS3 Sep 2-25-350-5119:45602 Redhawk Sep 2-29-458-7548:32000 Rancho Cal Sep 2-29-657-2563:42902 Butterfield Sep 2-01-202-7603:PW:LS-1 Allnite Sep 2-20-798-3248:C. Museum Sep 2-10-331-2153:28816 Pujol St Sep 2-02-351-5281:CRC Sep 2-28-629-0507:30600 Pauba Rd Agency membership for 2013 pest control srvcs: various parks pest control srvcs: oatc Oct gen usage:0141,0839,2593,9306 154686 10/11/2012 005786 SPRINT Aug 26 -Sept 25 cellular usage/equip 500.00 658.73 100.00 346.50 28,618.50 1,163.05 184.91 124.60 76,212.59 96.23 6,873.23 26.00 51.30 25.46 166.88 9,347.18 26.20 102.79 199.21 28,288.62 2,054.11 1,596.81 8,086.08 13,619.26 30.00 493.00 48.00 491.76 500.00 658.73 100.00 346.50 29,781.55 184.91 124.60 146,771.95 30.00 541.00 491.76 5,176.52 5,176.52 Pages apChkLst Final Check List Page: 9 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154690 10/11/2012 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 8,913.08 8,913.08 COMPANY 154691 10/11/2012 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 800.50 800.50 COMPANY 154692 10/11/2012 003840 STRONGS PAINTING painting srvcs:old city hall incubator 11,300.00 11,300.00 154693 10/11/2012 009061 STURDIVANT, ANGELA P. TCSD Instructor Eamings 377.30 377.30 154694 10/11/2012 009811 SUNNY HILLS TOWING INC vehicle towing srvcs:temecula police 298.20 298.20 154695 10/11/2012 000305 TARGET BANK BUS CARD Misc supplies:mpsc 162.08 SRVCS Misc supplies:mpsc 57.92 Misc supplies:aquatics pgrm 24.36 Misc supplies:theater 61.30 Misc supplies:high hopes pgrm 211.28 516.94 154696 10/11/2012 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,737.00 4,737.00 154697 10/11/2012 012265 TEMECULA ACE HARDWARE misc maint supplies: var park sites 42.71 42.71 C/O 154698 10/11/2012 011231 TEMECULA MARINE CENTER Agmint pmt:Murr Crk Bridge/Ovdnd Dr 58,496.00 58,496.00 INC. 154699 10/11/2012 015327 TEMECULA MARINE CENTER, Agmint pmt:Murr Crk Bridge/Ovdnd Dr 28,772.00 28,772.00 INC & 154700 10/11/2012 004260 TEMECULA STAMP & Custom stamps/plan check:B&S 259.03 259.03 GRAPHICS 154701 10/11/2012 011736 TEMECULA TROPHY INC Awards & recognition:csd pgrms 43.10 43.10 Page9 apChkLst Final Check List Page: 10 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154702 10/11/2012 007340 TEMECULA VALLEY FIRE Description Amount Paid Check Total ann'I fire extinguisher srvcs:str. ann'I fire extinguisher srvcs:mpsc ann'I fire extinguisher srvcs:t.museum ann'I fire extinguisher srvcs:c.museum ann'I fire extinguisher srvcs:theater ANN'L FIRE EXTINGUISHER SRVCS:FOC ANN'L FIRE EXTINGUISHER SRVCS:PRK ANN'L FIRE EXTINGUISHER SRVCS:CIVI1 ann'I fire extinguisher srvcs:crc ann'I fire extinguisher srvcs:tcc ann'I fire extinguisher srvcs:library ann'I fire extinguisher srvcs:incubator ANN'L FIRE EXTINGUISHER SRVCS:MAII• ann'I fire extinguisher srvcs:parks ann'I fire extinguisher srvcs:vehs. & 127.50 55.00 68.00 25.50 195.50 42.50 221.00 306.00 136.00 25.50 76.50 93.50 42.50 141.93 169.24 1,726.17 154703 10/11/2012 005970 TEMECULA VALLEY PLAYERS Final tckt settlement "Music Man" Sept 3,289.60 3,289.60 154704 10/11/2012 010276 TIME WARNER CABLE Oct high speed intemet:42081 Main St 61.39 Oct high speed intemet:40135 Village rd 154705 10/11/2012 015325 TORRES, NEFTALI refund:Little learners 2010.101 154706 10/11/2012 007433 TOVEY SHULTZ AUG PRGS PMT 25:RORIPAUGH FIRE CONSTRUCTION INC STATION 154707 10/11/2012 007766 UNDERGROUND SERVICE Sep undrgrnd svcs alerttickets:PW ALERT 154708 10/11/2012 002110 UNITED RENTALS NORTH AMERICA 154709 10/11/2012 000325 UNITED WAY 154710 10/11/2012 004261 VERIZON 154711 10/11/2012 000230 WILLDAN FINANCIAL SERVICES 154712 10/11/2012 015199 WINTER ADVERTISING AGENCY 154713 10/11/2012 015205 WOODSIDE, DEVON 235.47 296.86 10.00 10.00 29,048.40 29,04840 198.00 198.00 misc supplies:pw street maint 38.56 misc supplies:pw street maint 61.63 misc supplies:pw street maint United Way Charities Payment 26.64 126.83 51.00 51.00 Oct xxx-6540 gen usage:Rod fire stn 86.31 Oct Internet svc:SW DSL:PD:Jones, C. Oct -Dec asmnt eng srvcs:csd Dsgn & production brochure:Econ Dev Entertainer:GOHS football kickoff 10/19 39.95 126.26 5,625.44 5,625.44 2,800.00 2,800.00 150.00 150.00 Page:10 apChkLst Final Check List Page: 11 10/11/2012 2:29:50PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154714 10/11/2012 015324 WOULFE, BOE 154715 10/11/2012 009512 WURMS JANITORIAL SERVICES, INC 999204 10/04/2012 015312 GRAY, JULIE 999205 10/04/2012 015313 PAVLOVICS, JULIE 999206 10/04/2012 015314 WALLICK & VOLK Description Amount Paid Check Total refund:Healthy cooking 1013.202 25.60 25.60 Oct janitorial srvcs: var city 18,999.51 18,999.51 refund:Rocket readers 1015.203 44.00 44.00 refund:sec dep:rm rental:Harveston 200.00 200.00 refund:sec dep:rm rental:Harveston 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 1,607,830.52 Pagel 1 apChkLst Final Check List Page: 12 10/11/2012 2:29:50PM CITY OF TEMECULA 143 checks in this report. Grand Total All Checks. 1,607,830.52 Page:12 apChkLst Final Check List Page: 1 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 154716 10/18/2012 000733 ABBEY PARTY RENTS Rentals: Health and Wellness Fair 9/29 154717 10/18/2012 008552 ADKINS DESIGN CONSULTING Sept graphic design srvcs: theater 154718 10/18/2012 009374 ALLEGRO MUSICAL VENTURES Piano tuning & maint:theater Piano overhaul:library 154719 10/18/2012 006915 ALLIES PARTY EQUIPMENT equip rental: College Fair 9/22 154720 10/18/2012 012943 ALPHA MECHANICAL SERVICE hvac repair svc: crc gym INC 154721 10/18/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police (AFN) 2,293.55 2,293.55 2,701.62 2,701.62 170.00 170.00 340.00 4,135.20 4,135.20 1,165.72 1,165.72 466.18 DUI & drug screenings: Police 254.28 Nov stand by fee: Police 154722 10/18/2012 011961 AT&T MOBILITY Sep Trip wire:Graffitti:Police 154723 10/18/2012 014377 ATYIM, TAMMY, A. TCSD Instructor Eamings 154724 10/18/2012 013585 BASEBALL FIRST refund:sec dep:Toumaments 154725 10/18/2012 015340 BENSON, MERCEDES refund:sec dep:rm rental:Harveston 154726 10/18/2012 010328 BEST IMPRESSIONS Misc supplies:mpsc anniversary event 154727 10/18/2012 014329 BOOK WHOLESALERS, INC (2) books: library 154728 10/18/2012 000128 BROWN & BROWN INSURANCE Ins HJUB9055L51212 Nov '12 WC 154729 10/18/2012 015338 BURT, EMILY RAE refund:VICR fee:TE122520010 154730 10/18/2012 003138 CAL MAT PW patch truck materials PW patch truck materials 154731 10/18/2012 013265 CALIF BUILDING 3rd qtr pymt SB1473 2012 154732 10/18/2012 000638 CALIF DEPT OF 2012 3rd qtr pmt:strong motion CONSERVATION 1,248.00 1,968.46 129.82 129.82 598.50 598.50 1,000.00 1,000.00 200.00 200.00 630.00 630.00 42.54 42.54 80,914.00 80,914.00 124.00 124.00 446.34 85.82 532.16 1,025.00 1,025.00 2,800.97 2,800.97 Pagel apChkLst Final Check List Page: 2 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154733 10/18/2012 014273 CALIFORNIA PROPERTY relocation svcs:murr crk/ovedand ext 1,268.75 1,268.75 154734 10/18/2012 004228 CAMERON WELDING SUPPLY helium tank rental:tcc 56.50 56.50 154735 10/18/2012 009640 CERTIFION CORPORATION Sept online database subscr:police 150.00 150.00 154736 10/18/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police 2,279.78 City vehicles fuel: Police 122.72 2,402.50 154737 10/18/2012 015341 CORONA NORCO refund:credit on acct:Pennypickles 73.50 73.50 154738 10/18/2012 001264 COSTCO WHOLESALE 154739 10/18/2012 014501 COUNTYWIDE MECHANICAL SYSTEMS 154740 10/18/2012 013379 COUSSOU, CELINE 154741 10/18/2012 014364 CUNNINGHAM, GRISELDA CLEMENTINA 154742 10/18/2012 003945 DIAMOND ENVIRONMENTAL SRVCS misc supplies:quilt art reception 431.97 Misc supplies:youth services pgrm 220.54 652.51 Oct hvac maint svcs: civic ctr 931.33 Sept hvac maint svcs: civic ctr 931.33 Sept hvac maint svcs: Into Tech TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Oct restroom svcs: GOHS Oct restroom svcs: Riverton Park Oct restroom svcs: Long Cyn Park Portable restrooms:csd special games Oct restroom svcs: Vail Ranch Park Oct restroom svcs: Veterans Park 154743 10/18/2012 004192 DOWNS COMMERCIAL Fuel for City vehicles: Police FUELING INC 1,026.00 2,888.66 77.70 201.60 126.00 126.00 483.00 52.78 52.78 52.78 1,445.93 52.78 52.78 405.30 609.00 1,709.83 110.25 110.25 154744 10/18/2012 014419 ELLIOTT, MICHAEL G. SEPT LANDSCAPE INSP:RORIPAUGH 700.00 RANCH SEPT IRRIGATION INSP:RORIPAUGH RA 700.00 154745 10/18/2012 004829 ELLISON WILSON ADVOCACY Oct legislative cnslt svcs: CM 3,500.00 LLC 154746 10/18/2012 000164 ESGIL CORPORATION Sept plan check svcs: B&S 1,400.00 3,500.00 33,814.48 33,81448 Page2 apChkLst Final Check List Page: 3 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154747 10/18/2012 001056 EXCEL LANDSCAPE Description Amount Paid Check Total Sept landscape maint: medians Sept landscape maint: Margarita Sept landscape maint: Parks Sept landscape maint: north slopes Sept landscape maint: city facilities Sept landscape maint: south slopes Sept landscape maint: parks 154748 10/18/2012 009953 FEDERAL CLEANING Oct janitorial svcs: pd mall office CONTRACTORS 154749 10/18/2012 010804 FEHR & PEERS ASSOCIATES AUG CNSLT SVCS: JEFFERSON CORRIDOR SEPT CNSLT SVCS: JEFFERSON CORRII credit billing adj: direct exp task B 16,469.70 600.00 47,825.10 19,749.97 9,443.13 34,844.87 50,935.88 179,868.65 751.50 751.50 16,438.05 19,227.00 -20.40 154750 10/18/2012 003347 FIRST BANKCARD CENTER 007287 UNITED AIRLINES JC airfare:NLC cf Boston 11/27-12/1 25.00 015344 APTA AMERICAN PUBLIC RR hti:APTA'12 annl mtg 9/29-10/2 256.63 006952 PAYPAL GW Verisign Payflow Pro Transaction 59.95 000154 C S M F O GW AOB budget application fee 150.00 000154 C S M F O GW CIP budget application fee 150.00 014583 PALUMBO'S RISTORANTE, LLC GW lunch:HR benefit fair 9/12 69.99 011368 MCGRAW-HILL COMPANIES, GW online subscr: enr.com Graciano, R 9.95 TH E 011657 CALIF STATE OF PUBLIC GW regist: PERS trn 10/22-24 300.00 EMPLOYEE 011657 CALIF STATE OF PUBLIC GW regist: PERS trn 10/22-24 Garibay,l 300.00 EMPLOYEE 35,644.65 015329 NATIONAL PUBLIC EMPLOYEE GW regist: Negotiation trn 10/10 399.00 LABOR 007287 UNITED AIRLINES JC airfare:NLC cf Boston 11/27-12/1 312.70 2,033.22 154751 10/18/2012 009097 FULL COMPASS SYSTEMS Sound/Lighting Supplies: Theater 312.34 312.34 154752 10/18/2012 001937 GALLS INC uniform svcs: Police 464.38 464.38 Pages apChkLst Final Check List Page: 4 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 154753 10/18/2012 000177 GLENN IES OFFICE PRODUCTS INC 154754 10/18/2012 014402 GROEPPER, BROOKE ELIZABETH Amount Paid Check Total OFFICE SUPPLIES: HR 85.82 Office Supplies: City Clerk Office Supplies: Fire Office Supplies: Fire Office Supplies: PW/Parks Office Supplies: Records Office Supplies: Planning Office Supplies: Info Tech Misc office supplies:crc Misc office supplies:mpsc 41.44 570.74 71.18 195.21 83.09 103.53 146.07 79.67 260.31 TCSD instructor earnings 1,164.80 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 703.73 1,747.20 743.17 1,637.06 4,358.90 154755 10/18/2012 000186 HANKS HARDWARE INC Misc supplies:sports pgrm 61.91 misc maint supplies:aquatics pgrm 115.25 Misc supplies:PW CIP 183.67 Misc supplies:pw traffic 126.95 misc maint supplies: pw street maint 339.01 Hardware supplies: Fire 483.29 Hardware supplies: Info Tech 91.91 Hardware supplies: Harveston 8.60 Hardware supplies: Theater 157.83 Hardware supplies: Civic Center/CH 561.56 Hardware supplies: parking garage 28.81 Hardware supplies: TCSD/Parks 1,295.08 Hardware supplies: Harv/Maint Fc 44.62 Hardware supplies: Library 89.78 Hardware supplies: MPSC 102.31 Hardware supplies: TCC 101.79 Hardware supplies: Harveston 25.82 3,818.19 154756 10/18/2012 002109 HD SUPPLY CONSTR. SUPPLY MISC MAINT SUPPLIES: PW MAINT 258.60 258.60 LTD 154757 10/18/2012 004984 INDEPENDENT ROOFING YMCA bldg waterproofing inspection 4,250.00 4,250.00 CONSULTANT 154758 10/18/2012 004221 INLAND EMPIRE AFFILIATE OF '12 sponsorship: Race for the Cure 22,500.00 22,500.00 154759 10/18/2012 013695 INLAND EMPIRE SHRED IT 9/17 doc shred svcs: Police 15.00 15.00 154760 10/18/2012 003266 IRON MOUNTAIN OFFSITE Sept Offsite Media Storage: Records 488.79 488.79 Page4 apChkLst Final Check List Page: 5 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154761 10/18/2012 013313 KHALED, KHALEDA refund:sec dep:rm rental:Harveston 200.00 200.00 154762 10/18/2012 015339 KIM, SEON refund:ping appl closed:PA12-0175 248.00 248.00 154763 10/18/2012 013722 KUNZMAN ASSOCIATES INC traffic study:ARCO gas stn & deli 1,250.00 1,250.00 154764 10/18/2012 012065 LANCE, SOLL & LUNGHARD '12 audit svcs: Finance/srda 20,580.00 20,580.00 LLC 154765 10/18/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 252.00 252.00 154766 10/18/2012 013352 LITTLE CAESARS PIZZA refreshments:High Hopes event 10/19 150.85 150.85 154767 10/18/2012 014392 MC COLLOUGH, JILL DENISE Sept interior plants lease:civic center 525.00 Sept interior plants lease:library 200.00 725.00 154768 10/18/2012 009541 MEYER AND ASSOCIATES Sept theater remediation:PW CIP 21,820.00 21,820.00 154769 10/18/2012 001868 MIYAMOTO-JURKOSKY, SUSAN ANN TCSD Instructor Eamings 367.50 TCSD Instructor Eamings 453.60 TCSD Instructor Eamings 453.60 1,274.70 154770 10/18/2012 001892 MOBILE MODULAR 10/9-11/7 OATC lease agreement: Fire 614.18 614.18 154771 10/18/2012 009443 MUNYON, DENNIS G. Nov -Jan license fee:theater public prkg 2,375.00 2,375.00 154772 10/18/2012 012893 NEWMAN, KAREN Reimb:High Hopes talent show videos 280.00 280.00 154773 10/18/2012 015122 NI GOVERNMENT SERVICES, Sept satellite phone service: Fire/EOC 151.01 151.01 INC. 154774 10/18/2012 008528 NICHOLS, MELBURG & Aug LEED Certification:Civic Center 800.00 800.00 ROSETTO 154775 10/18/2012 002139 NORTH COUNTY TIMES Sept public notices: Planning 335.52 Sept advertising:hot smr nights/quilt 154776 10/18/2012 002139 NORTH COUNTY TIMES Sept newspaper subscr:MPSC 390.00 725.52 26.00 26.00 Pages apChkLst Final Check List Page: 6 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154777 10/18/2012 003964 OFFICE DEPOT BUSINESS SVS DIV Description Amount Paid Check Total Business cards: Prevention 108.87 Misc office supplies:tcc 15.04 Misc office supplies:police mall office 29.37 Misc office supplies:police mall office 35.73 PDA screen protectors:pd traffic 83.98 272.99 154778 10/18/2012 001171 ORIENTAL TRADING COMPANY Misc supplies:children's museum 263.95 263.95 INC 154779 10/18/2012 004805 PEACOCK ENTERPRISES INC Qty 20 computer monitors:info tech 3,662.42 3,662.42 154780 10/18/2012 010958 PIPS TECHNOLOGY INC Equip repair:temecula police 415.00 415.00 154781 10/18/2012 013725 PROCRAFT INC Garage door maintenance: Sta 92 380.00 Garage door maintenance: Sta 92 95.00 475.00 154782 10/18/2012 005075 PRUDENTIAL OVERALL SUPPLY 154783 10/18/2012 000262 RANCHO CALIF WATER DISTRICT Sept uniform/t'M rental/11r 766.35 SEPT UNIFORM/TWL RENTAL/FLR MATS 1,189.85 Sep var water meters:TCSD svc lev C 47,759.94 Sep var water meters:PW Sep var water meters:28640 Pujol St Sep var water meters:TCSD & PW Sep var water meters:TCSD Fac Sep var water meters:PW Sep DC meter:27495 Enterprise Cir W Sep var water meters:var Fire Stns Sep var water meters:PW 154784 10/18/2012 005383 RANCHO SPRINGS MEDICAL Sept crime victim exams:police CENTER 154785 10/18/2012 000271 RBF CONSULTING 1,111.30 8.04 1,209.23 3,499.65 97.79 33.91 679.95 201.15 1,956.20 54,600.96 900.00 900.00 Aug tennis ct lighting:great oak high 1,285.00 Aug dsgn light pole replace:old town 2,369.00 3,654.00 154786 10/18/2012 015241 RECCHIA, KRISTINE Sept HR consulting srvcs:admin srvcs 10,000.00 10,000.00 154787 10/18/2012 002412 RICHARDS WATSON & Aug 2012 legal services 140,215.19 140,215.19 GERSHON 154788 10/18/2012 010777 RIVERSIDE CO EXECUTIVE FY12/13 DEBIT SRVC FEE:ANIMAL 201,694.00 201,694.00 OFFICE SHELTER 154789 10/18/2012 001365 RIVERSIDE COUNTY OF renew permit:tcc 578.00 578.00 Pages apChkLst Final Check List Page: 7 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154790 10/18/2012 015342 ROBERTS, JILL 154791 10/18/2012 000873 ROBERTS, RONALD H. 154792 10/18/2012 000277 S & S ARTS & CRAFTS INC 154793 10/18/2012 005736 SAN BERNARDINO CO SHERIFFS DEP 154794 10/18/2012 009213 SHERRY BERRY MUSIC 154795 10/18/2012 009746 SIGNS BYTOMORROW 154796 10/18/2012 000645 SMART & FINAL INC 154797 10/18/2012 000537 SO CALIF EDISON Description Amount Paid Check Total refund:sec dep:rm rental:Harveston reimb: APTA annual mtg 9/29-10/2 misc supplies for pumpkin plunge:csd Mtrcycle Basic 9/3-14 Dep. J.West Jazz © the Merc 10/11/12 Banner for Citywide Clean up 10/6 Public notice posting xx-0154:PIanning Public notice posting xx-0150:PIanning Public notice posting xx-0086:PIanning Public notice posting xx-0147:PIanning PUBLIC NOTICE POSTINGXX-0034/33:PL Public notice posting xx-0034:PIanning 200.00 200.00 379.63 379.63 68.94 68.94 1,159.00 1,159.00 315.00 315.00 55.21 148.10 148.10 296.20 148.10 296.20 296.20 Misc supplies:high hopes pgrm 111.82 Hospitality supplies:theater Sep 2-31-419-2659:26706 Ynez rd TC1 Oct 2-33-777-1950:40135 Village Rd Sep 2-30-608-9384:28582 Harveston Sep 2-28-171-2620:40820 Winchester 154798 10/18/2012 014783 SOFTRESOURCES, LLC Sept consultant srvcs:newpennit sys 1,388.11 253.42 365.24 65.30 921.03 934.79 1,230.11 3,151.23 4,441.00 4,441.00 154799 10/18/2012 002503 SOUTH COAST AIR QUALITY Ann'I operating fees:Stn 84 91.90 154800 10/18/2012 000519 SOUTH COUNTY PEST CONTROL INC 154801 10/18/2012 006145 STENO SOLUTIONS TRANSCRIPTION FY 12/13 emissions fees:Stn 84 115.56 207.46 pest control services:Stn 73 48.00 pest control services:Stn 92 42.00 Sept pest control srvcs:city facilities 816.00 pest control srvcs:Rainbow Creek 94.00 pest control srvcs:tierra vista 94.00 1,094.00 Sept transcription srvcs:Police 127.68 127.68 154802 10/18/2012 014420 STEVE SPANGLER, INC. Misc supplies:children's museum 154.97 154.97 Page:7 apChkLst Final Check List Page: 8 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154803 10/18/2012 003599 T Y LIN INTERNATIONAL 154804 10/18/2012 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total AUG CONSULTING SRVCS:FRENCH VLY PKWY/I15 AUG CONSULTING SRVCS:WNCHSTR RI Sep -Aug dsgn srvcs:w. bypass bridge 447,162.24 232,000.00 3,055.09 682,217.33 Supplies for youth services:csd 116.15 MISC SUPPLIES:CHILDREN'S MUSEUM Misc supplies:high hopes pgrm misc supplies for pumpkin plunge:csd MISC SUPPLIES:CHILDREN'S MUSEUM MISC SUPPLIES:CHILDREN'S MUSEUM 154805 10/18/2012 012265 TEMECULA ACE HARDWARE Misc hardware supplies: Sta 92 C/O 154806 10/18/2012 000168 TEMECULA FLOWER CORRAL Sunshine Fund 154807 10/18/2012 003677 TEMECULA MOTORSPORTS Veh repair & maint:police LLC 154808 10/18/2012 011736 TEMECULA TROPHY INC Aluminum frames:crc 154809 10/18/2012 010046 TEMECULA VALLEY FY12/13 Sponsorship/City marketing CONVENTION & 154810 10/18/2012 009194 TEMECULA VALLEY NEWS Oct advertising:theater Sept advertising:theater 154811 10/18/2012 010276 TIME WARNER CABLE Oct high speed intemet:Fire Stn 92 154812 10/18/2012 010558 TRADE IN.COM INC Deposit/Office Furniture:Incubator 154813 10/18/2012 010169 UNITED TOWING SERVICE, INC Towing services- Police 154814 10/18/2012 014848 VALUTEC CARD SOLUTIONS, Sept ShoWare gtift card srvc:theater LLC 154815 10/18/2012 004261 VERIZON Oct xxx-0073 general usage Oct xxx-2941 gen usage:Bus incubator 154816 10/18/2012 004789 VERIZON 154817 10/18/2012 004848 VERIZON SELECT SERVICES INC Oct Internet svcs: Library Oct Internet svcs:Civic Center Oct Internet svcs: Theater 98.13 94.23 39.86 65.27 15.32 428.96 45.77 45.77 135.64 135.64 656.05 656.05 161.63 161.63 40,000.00 40,000.00 143.20 143.20 286.40 44.95 44.95 11,249.53 11,249.53 367.50 367.50 39.16 39.16 99.94 681.70 781.64 0.16 269.99 134.99 Sep long distance phone svcs 10.39 405.14 Oct long distance phone svcs 6.58 16.97 Pages apChkLst Final Check List Page: 9 10/18/2012 10:47:46AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154818 10/18/2012 015205 WOODSIDE, DEVON DJ FOR MIDDLE SCHOOL DANCE 10/12 300.00 300.00 154819 10/18/2012 009512 WUR MS JANITORIAL Oct janitorial srvcs:pd civic center 242.25 242.25 SERVICES, INC 154820 10/18/2012 015343 ZERMENO, NORMA refund:sec dep:rm rental:CRC 200.00 200.00 154821 10/18/2012 000348 ZIGLER, GAIL Reimb:Camival/Huahine display suppl. 312.31 312.31 154822 10/18/2012 003776 ZOLL MEDICAL CORPORATION Medical equip & supp: Medics 824.44 824.44 999207 10/11/2012 015331 DELGADO, JANET refund:Basics of digital photography 112.00 112.00 999208 10/11/2012 015332 DENTITH, RICK refund:Yes you can paint 1035.203 48.00 48.00 999209 10/11/2012 015333 KELLEY, KRISTI refund:Digital photography for teens 96.00 96.00 999210 10/11/2012 015334 SHANK, CARRIE refund:Pediatric first aid 8310.202 40.00 40.00 999211 10/11/2012 015335 SNYDER, WENDY refund:Digital photography for teens 96.00 96.00 999212 10/11/2012 015325 TORRES, NEFTALI refund:Soccer skills 2201.201 95.00 95.00 999213 10/11/2012 015336 WASS, IVA refund:sec dep:rm rental:Harveston 150.00 150.00 Grand total for UNION BANK OF CALIFORNIA: 1,628,609.00 Page9 apChkLst Final Check List Page: 10 10/18/2012 10:47:46AM CITY OF TEMECULA 114 checks in this report. Grand Total All Checks. 1,628,609.00 Pagel 0 apChkLst Final Check List Page: 1 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2028 10/25/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,891.28 11,891.28 SOLUTION 2029 10/25/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 79,044.01 79,044.01 2030 10/25/2012 000444 INSTATAX (EDD) State Disability Ins Payment 22,307.80 22,307.80 2031 10/25/2012 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 7,551.24 7,551.24 303355 2032 10/25/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,221.12 3,221.12 SOLUTION 2033 10/25/2012 010349 CALIF DEPT OF CHILD Support Payment 1,176.34 1,176.34 SUPPORT 2034 10/25/2012 000444 INSTATAX (EDD) 3RD QTR 2012 UNEMPLOYMENT 20,072.97 20,072.97 PAYMENT 154823 10/25/2012 015031 ABOVE ALL NAMES Oct const:citywide concrete repairs 41,902.08 41,902.08 CONSTRUCTION 154824 10/25/2012 004802 ADLERHORST INTERNATIONAL Sept training: PD K9s Rudy/Astin INC 154825 10/25/2012 004422 AMERICAN BATTERY field equip battery: pbsp CORPORATION 283.34 283.34 64.89 64.89 154826 10/25/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 526.18 (AFN) DUI & drug screenings: Police 466.18 992.36 154827 10/25/2012 011304 AMEZCUA, MICHELLE employee computer loan program 2,000.00 2,000.00 154828 10/25/2012 013338 APPLE STORE employee computer loan program 1,863.41 1,863.41 154829 10/25/2012 006209 ASSOCIATION OF CHILDREN'S 12/13 mb: Children's Museum 945.00 945.00 154830 10/25/2012 003215 BARCLAYS LAW PUBLISHERS Title 19 motor vehicle docs 325.00 325.00 154831 10/25/2012 004040 BIG FOOT GRAPHICS TCSD instructor earnings 420.00 TCSD instructor earnings 378.00 798.00 154832 10/25/2012 014329 BOOK WHOLESALERS, INC (22) books: Library 375.07 375.07 Pagel apChkLst Final Check List Page: 2 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154833 10/25/2012 014299 BOOKS ON TAPE (1) book on tape: Library 25.86 (3) books on tape: Library 4844 (12) books on tape: Library 363.37 437.67 154834 10/25/2012 006908 C C & COMPANY INC entertainment: halloween camival 275.00 275.00 154835 10/25/2012 004462 C D W GOVERNMENT INC troy micr 401 do printer: info tech 858.33 858.33 154836 10/25/2012 003138 CAL MAT PW patch truck materials 827.00 PW patch truck materials 409.92 PW patch truck materials 812.14 PW patch truck materials 483.52 2,532.58 154837 10/25/2012 004248 CALIF DEPT OF Aug fingerprinting svcs: PD/HR 4,820.00 JUSTICE-ACCTING DUI & drug screenings: police 1,295.00 6,115.00 154838 10/25/2012 000152 CALIF PARKS & RECREATION 12/13 mb: Pelletier, Julie 014371 140.00 140.00 SOC 154839 10/25/2012 000131 CARL WARREN & COMPANY Sept liability claims mgmt: sb&o 1,905.79 1,905.79 INC 154840 10/25/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 154841 10/25/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 51.00 51.00 CHARITIES 154842 10/25/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: crc 4.09 DIST. misc electrical supplies: various parks 82.97 misc electrical supplies: various parks 60.61 misc electrical supplies: crc 134.69 misc electrical supplies: crc 323.25 misc electrical supplies: civic center 409.72 1,015.33 154843 10/25/2012 001264 COSTCOWHOLESALE (6)tv mounts/supplies: Incubator 4,914.30 4,914.30 154844 10/25/2012 013379 COUSSOU, CELINE TCSD Instructor Eamings 89.60 TCSD Instructor Eamings 103.60 193.20 154845 10/25/2012 014580 DANCE THEATRE COLLECTIVE sttlmnt: danceXchange 10/16 105.00 105.00 154846 10/25/2012 001393 DATA TICKET, INC. Sept parking citation svcs: police 676.29 676.29 154847 10/25/2012 012614 DBX, INC. controller cabinet: pwtraffc 11,880.00 11,880.00 Page2 apChkLst Final Check List Page: 3 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154848 10/25/2012 007057 DERN BACH, ESTHER MARIE 154849 10/25/2012 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total TCSD instructor earnings TCSD instructor earnings 367.50 420.00 787.50 Fuel for City vehicles: Info Tech 53.66 Fuel for City vehicles: Police Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: PW Maint Fuel for City vehicles: tcsd/parks 154850 10/25/2012 012217 DUDEK Oct enviro cnslt:ped/bicycle bridge 154851 10/25/2012 002390 EASTERN MUNICIPAL WATER DIST 154852 10/25/2012 015184 ELSIE MANAGEMENT, INC 154853 10/25/2012 011292 ENVIRONMENTAL SCIENCE ASSOC. 154854 10/25/2012 015352 ESTEVES, KATHLYN 63.07 680.29 438.16 727.02 930.48 273.20 2,030.57 3,445.62 8,642.07 1,363.80 1,363.80 Oct water meter:Murrieta hot springs rd 234.84 Oct water meter:Murrieta hot springs rd 51.21 Oct water meter:39569 Seraphina Rd 419.27 Oct water meter:39656 Diego Dr 259.76 965.08 Theater performances: 10/5-10/6 10,000.00 10, 000.00 Aug cnslt svc: EIR for Bella Linda 15,121.88 Jun cnslt svc: EIR for Bella Linda 42,080.52 57,202.40 refund:sec dep:rm rental:MPSC 200.00 200.00 154855 10/25/2012 003665 EXCEL COMMERCIAL Sep long distance phone svcs 54.93 54.93 Pages apChkLst Final Check List Page: 4 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154856 10/25/2012 001056 EXCEL LANDSCAPE (Continued) Description Amount Paid Check Total irrigation repairs: landscape maint landscape maint landscape maint landscape maint landscape maint landscape maint landscape maint irrigation repairs: irrigation repairs: backflow repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: landscape maint irrigation repairs: irrigation repairs: landscape maint landscape maint landscape maint landscape maint landscape maint landscape maint landscape maint irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: irrigation repairs: wolf creek slope svcs: var parks svcs: var parks svcs: var parks svcs: var parks svcs: var parks svcs: var parks svcs: var parks villages slope villages slope tradewinds slope civic center vintage hills vail ranch slope vail ranch slope vail ranch slope red hawk median old town harveston ctr svcs: var parks rancho highlands mirada slope svcs: var parks svcs: var parks svcs: var parks svcs: var parks svcs: var parks svcs: var parks svcs: var parks vail ranch slope temeku hills slope signet series slope wolf creek slope vail ranch slopes villages slope rancho highlands 154857 10/25/2012 003747 FINE ARTS NETWORK sttlmnt: The Producers Oct '12 154858 10/25/2012 011922 FIRST AMERICAN CORELOGIC Sept database subscr: code enf INC 154859 10/25/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 154860 10/25/2012 010326 G E MOBILE WATER, INC Oct power washer maint: Stn 73 Oct power washer rent: Stn 73 361.01 396.54 473.79 558.05 367.05 152.85 242.64 312.41 164.82 420.44 158.85 111.24 522.06 166.46 235.80 308.86 143.41 202.86 158.13 407.49 301.16 161.15 175.40 331.70 281.93 347.93 331.84 259.18 157.32 166.46 523.98 374.55 183.36 372.81 221.00 375.31 5,900.73 200.00 50.00 59.00 10,429.84 5,900.73 200.00 50.00 25.86 84.86 Page4 apChkLst 10/25/2012 12:06:21PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154861 10/25/2012 003946 G T ENTERTAINMENT 154862 10/25/2012 007279 GAIL MATERIALS INC 154863 10/25/2012 001937 GALLS INC 154864 10/25/2012 013552 GANDS PRODUCTIONS LLC 154865 10/25/2012 012066 GEOCON WEST, INC 154866 10/25/2012 014402 GROEPPER, BROOKE ELIZABETH 154867 10/25/2012 004188 HARRIS & ASSOCIATES 154868 10/25/2012 002126 HILLYARD FLOOR CARE SUPPLY 154869 10/25/2012 014256 JAYCO INDUSTRIES, LLC 154870 10/25/2012 015339 KIM, SEON 154871 10/25/2012 001282 KN OR R SYSTEMS INC 154872 10/25/2012 013987 LAW OFFICES OF 154873 10/25/2012 015096 LOVE, FLORETTA 154874 10/25/2012 014228 LSK, LLC 154875 10/25/2012 011649 MILLER, WENDY 154876 10/25/2012 005887 MOFFATT & N ICHOL ENGINEERS (Continued) Description Amount Paid Check Total DJ/MC svcs: FIT Finale landscape material: park ballflelds uniform svcs: Police Volunteers sttlmnt: Country at the Merc 10/20 SEPT GEOTECH SVCS:RORIPAUGH RANCH TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Sept const traffic control: paving SEPT CONST SVC:FRENCH VLY INTERC misc maint supplies: crc gym floor 16 unit mailbox: Incubator refund:ping appl closed:PA12-0175 diving board repair parts: crc pool APR -MAY LEGAL SVCS: ROW PROPERTY JUN-JUL LEGAL SVCS: ROW PROPERTY refund:Senior excursion 4100.203 Nov facility lease: harveston center ee computer loan program 8/26-9/29 eng/const srvcs:french vly 400.00 344.80 9.89 1,017.75 2,815.00 564.20 327.60 582.40 315.47 873.60 371.58 1,100.00 118,229.41 4,007.07 1,281.15 248.00 2,130.33 1,598.85 1,812.50 8.00 4,853.88 2,000.00 21,067.50 400.00 344.80 9.89 1,017.75 2,815.00 3,034.85 119,329.41 4,007.07 1,281.15 248.00 2,130.33 3,411.35 8.00 4,853.88 2,000.00 21,067.50 Pages apChkLst Final Check List Page: 6 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154877 10/25/2012 002925 NAPA AUTO PARTS 154878 10/25/2012 015243 NIC NAC ENTERTAINMENT 154879 10/25/2012 014391 NICHOLS, KELLIE D. 154880 10/25/2012 002139 NORTH COUNTY TIMES 154881 10/25/2012 003964 OFFICE DEPOT BUSINESS SVS DIV 154882 10/25/2012 002105 OLD TOWN TIRE & SERVICE 154883 10/25/2012 002105 OLD TOWN TIRE & SERVICE 154884 10/25/2012 002105 OLD TOWN TIRE & SERVICE 154885 10/25/2012 013127 ON STAGE MUSICALS 154886 10/25/2012 001171 ORIENTAL TRADING COMPANY INC 154887 10/25/2012 015033 PACIFIC MUNICIPAL CONSULTANTS 154888 10/25/2012 003663 PECHANGA BAND OF LUISENO 154889 10/25/2012 000249 PETTY CASH (Continued) Description Amount Paid Check Total misc auto parts & supplies:pw st maint Performance: Theater, 11/2/2012 TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Sep ads:Theater Sep ads:FIT pgrm finale/wellness fair Misc office supplies:harveston center Misc office supplies:pw depts Misc office supplies:history museum Misc office supplies:hr Misc office supplies:theater MISC OFFICE SUPPLIES:SB&O City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks Tribute to Count Basie 10/7/12 Misc supplies:Children's Museum 7/28-8/31 consult srvcs:housing element 9/1-28 consult srvcs:housing element 8/13-9/20 tribe monitoring:f.vly pkwy Petty Cash: Halloween Family Carnival 13.76 2,500.00 385.00 525.00 525.00 350.00 364.50 862.51 34.24 69.71 868.80 97.45 157.30 295.78 541.52 393.55 55.00 55.00 138.77 288.99 270.90 29.54 91.27 2,832.93 25.97 2,191.76 6,997.50 6,167.20 13.76 2,500.00 1,785.00 1,227.01 1,523.28 541.52 393.55 929.47 2,832.93 25.97 9,189.26 6,167.20 1,500.00 1,500.00 Pages apChkLst Final Check List Page: 7 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154890 10/25/2012 000249 PETTY CASH 154891 10/25/2012 010338 POOL & ELECTRICAL PRODUCTS INC 154892 10/25/2012 000254 PRESS ENTERPRISE COMPANY INC 154893 10/25/2012 000262 RANCHO CALIF WATER DISTRICT 154894 10/25/2012 000907 RANCHO TEMECULA CAR WASH 154895 10/25/2012 000271 RBF CONSULTING 154896 10/25/2012 002412 RICHARDS WATSON & GERSHON 154897 10/25/2012 000268 RIVERSIDE CO HABITAT 154898 10/25/2012 004822 RIVERSIDE TRANSIT AGENCY 154899 10/25/2012 001048 ROSAS CANTINA RESTAURANT 154900 10/25/2012 012251 ROTH, DONALD J. 154901 10/25/2012 000277 S & S ARTS & CRAFTS INC 154902 10/25/2012 013582 SAN DIEGU ITO PUBLISHERS INC 154903 10/25/2012 011511 SCUBA CENTER TEMECULA (Continued) Description Amount Paid Check Total Petty Cash Reimbursement Petty Cash Reimbursement misc pool supplies:city sites water fountain supplies:civic center Sep advertising: tit/wellness fair Oct var water meters:Fire Stns Oct var water meters:TCSD svc lev C Oct water meter:30875 Rancho vista Sep var water meters:41951 Moraga Rd Sep Lndscp water meter:Calle Elenita Oct var water meters:TCSD & PW Oct var water meters:TCSD & PW Oct var water meters:TCSD svc lev C City vehicle detailing srvcs: tcsd Aug dsgn srvcs:play structure Sept 2012 legal services Sept '12 K -Rat payment Aug trolly services payment Sept trolly services payment refreshments:CERTtrng 11/3/12 TCSD Instructor Eamings misc supplies: crc community newsletter: city council community newsletter: city council TCSD Instructor Eamings TCSD Instructor Eamings 154904 10/25/2012 009213 SHERRY BERRY MUSIC Jazz © the Merc/Tim Sweeney 10/18-19 434.84 416.42 15.42 10.04 495.00 664.91 20,810.26 429.92 2,163.67 109.94 228.49 2,927.83 21,627.68 10.50 3,500.00 5,976.02 16,820.00 1,678.74 1,678.74 692.15 567.00 110.41 251.87 4,640.27 14.00 588.00 851.26 25.46 495.00 48,962.70 10.50 3,500.00 5,976.02 16,820.00 3,357.48 692.15 567.00 110.41 4,892.14 602.00 1,029.90 1,029.90 Page:7 apChkLst 10/25/2012 12:06:21PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154905 10/25/2012 009213 SHERRY BERRY MUSIC 154906 10/25/2012 000645 SMART & FINAL INC 154907 10/25/2012 000537 SO CALIF EDISON 154908 10/25/2012 001212 SO CALIF GAS COMPANY 154909 10/25/2012 013864 SO PACIFIC MASTERS ASSN 154910 10/25/2012 007341 SOUTH COAST WINERY, INC. 154911 10/25/2012 000519 SOUTH COUNTY PEST CONTROL INC 154912 10/25/2012 015353 TACTAY, EUNICE 154913 10/25/2012 000305 TARGET BANK BUS CARD SRVCS 154914 10/25/2012 003677 TEMECULA MOTORSPORTS LLC (Continued) Description Amount Paid Check Total Performance: Theater, 11/2/2012 Misc supplies:mpsc pgrms Misc supplies:family fun night Aug -Sep 2-29-223-9571:Medians-Murrieta Sep 2-30-099-3847:29721 Ryecrest Sep 2-26-887-0789:40233 Village Rd Sep 2-30-296-9522:31035 Rancho vista Sep 2-00-397-5059:Comm Svc UTL Sep 2-29-974-7568:26953 Ynez rd TCI Sep 2-33-237-4818:30499 Rancho cal Sep 2-31-693-9784:26036 Ynez rd TCI Oct 015-575-0195-2:32211 Wolf vly rd Sep 055-475-6169-5:PHBSP 2013 agency membership dues Marketing supplies: Eco Dev pest control srvcs:pbsp refund:sec dep:rm rental:TCC Hospitality supplies:theater Misc supplies:high hopes pgrm Misc supplies:skate park Misc supplies:harveston center Misc supplies:harveston center Veh repair & maint:police Veh repair & maint:police Veh repair & maint:police 154915 10/25/2012 010493 TEMECULATOINNE CENTER Nov lease payment: pd mall office ASSOC LP 154916 10/25/2012 011736 TEMECULA TROPHY INC 154917 10/25/2012 010046 TEMECULA VALLEY Aug' 12 Bus. Impry District Asmnts CONVENTION & 154918 10/25/2012 010276 TIME WARNER CABLE Oct high speed intemet:32211 Wolfvly Awards & recognition:Huahine Awards & recognition:T.V. Woman's Club 500.00 134.09 107.45 42.48 24.06 2,193.09 408.41 8,865.82 128.47 97.13 329.04 94.64 184.66 40.00 340.49 94.00 400.00 33.66 79.53 79.93 30.19 41.39 43.41 548.04 24.03 1,458.33 37.71 82.43 114,899.96 500.00 241.54 12,088.50 279.30 40.00 340.49 94.00 400.00 264.70 615.48 1,458.33 120.14 114,899.96 102.17 102.17 Pages apChkLst Final Check List Page: 9 10/25/2012 12:06:21PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154919 10/25/2012 000319 TOMARK SPORTS INC 154920 10/25/2012 010558 TRADE IN.COM INC 154921 10/25/2012 002702 U S POSTAL SERVICE 154922 10/25/2012 002110 UNITED RENTALS NORTH AMERICA Description Amount Paid Check Total volleyball net purch:crc gym Interior design srvcs:bus Incubator Aug postage meter deposit Sept postage meter deposit 63.88 63.88 975.00 975.00 1,909.31 1,604.14 3,513.45 misc supplies:pw street maint 62.02 misc supplies:pw street maint 40.16 misc supplies:pw street maint 38.96 141.14 154923 10/25/2012 000325 UNITED WAY United Way Charities Payment 51.00 51.00 154924 10/25/2012 004261 VERIZON Oct xxx-5072 general usage 1,544.83 Oct xxx-0074 general usage 2,762.04 4,306.87 154925 10/25/2012 009101 VISION ONE INC Sep ShoWare ticketing services:Theater 1,881.20 1,881.20 154926 10/25/2012 015351 WARREN, MARNI L. TCSD Instructor Eamings 490.00 490.00 154927 10/25/2012 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies:var parks/mpsc 495.74 495.74 154928 10/25/2012 000621 WESTERN RIVERSIDE Sept '12 TUMF Payment 352,469.60 352,469.60 COUNCIL OF 154929 10/25/2012 000621 WESTERN RIVERSIDE JUL-SEP SRVCS:CORRIDOR 6,723.48 6,723.48 COUNCIL OF PLN/JEFFERSON 154930 10/25/2012 008402 WESTERN RIVERSIDE Sept '12 MSHCP payment 76,567.86 76,567.86 COUNTY 154931 10/25/2012 015346 WOOBOX 10/11/12-10/11/13 subscr govt fb pg 319.00 319.00 999214 10/18/2012 015347 BRAUN, MARLA refund:Pumpkin plunge 8100.206 10.00 10.00 999215 10/18/2012 015348 HENTZ, KARI refund:Pumpkin plunge 8100.206 31.20 31.20 999216 10/18/2012 015349 KELLEY, MICHELLE refund:Bear cub univ 4000.202 234.00 234.00 Grand total for UNION BANK OF CALIFORNIA: 1,184,175.36 Page9 apChkLst Final Check List Page: 10 10/25/2012 12:06:21PM CITY OF TEMECULA 119 checks in this report. Grand Total All Checks. 1,184,175.36 Pagel 0 Item No. 4 Approvals City Attorney Chief Financial Officer City Manager Mr- Aw9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Chief Financial Officer DATE: November 13, 2012 SUBJECT: City Treasurer's Report as of September 30, 2012 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of September 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 September 30, 2012. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of September 30, 2012 Investments City of Temecula, California Portfolio Management Portfolio Summary September 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 54,291,792.93 54,291,792.93 54,291,792.93 46.04 1 1 0.196 9.199 Retention Escrow Account 6,499,266.34 6,499,266.34 6,499,266.34 5.51 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 28,125,020.20 26,159,322.68 28,125,020.20 23.85 1 1 0.372 0.377 Federal Agency Callable Securities 10,000,000.00 10,115,320.00 10,000,000.00 8.48 1,699 956 2.071 2.100 Federal Agency Bullet Securities 19,999,999.99 19,189 ,669.99 18,996,770.00 16.11 1,235 742 1.059 1.074 Investments 117,916,080.47 118,255,562.95 117,912,850.47 100.00% 344 201 0.525 0.533 Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments 1,213,3 44.37 1,213,344.87 1,213,344.87 1,145.83 1,145.83 1,214,49 0.70 1,214,490.70 119,129,425.34 119,470,053.65 0.000 0.000 119,127,341.17 344 201 0.525 0.533 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 52,138.56 176,378.45 Average Daily Balance 125,553,265.51 149,164,514.70 Effective Rate of Return 0.51% 0.47% Reporting period 09;01/2012-09/30/2012 Run Date: 10/1812012 - 17:40 Portfolio TEME CP PM (PRF_PM1) SymRept&.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 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 BON D3 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 EMW D 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 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 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 BON D2 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 BON D2 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 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 10/18/2012 - 17:40 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 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 O6A 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 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,125.91 202,125.91 202,125.91 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 209,640.18 209,640.18 209,640.18 0.020 0.020 0.020 1 107886026-2 RDA 07RES2 First American Treasury 1,104,141.01 1,104,141.01 1,104,141.01 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,971.00 1,263,971.00 1,263,971.00 0.020 0.020 0.020 1 136343008 RDA 1 OA CIP2 First American Treasury 19,946.96 19,946.96 19,946.96 0.020 0.020 0.020 1 136343001-2 RDA 10A -INTI First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,359.45 1,186,359.45 1,186,359.45 0.020 0.020 0.020 1 136343000-1 RDA 106 -INTI 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 440,392.43 440,392.43 440,392.43 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,731.02 202,731.02 202,731.02 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 82,338.84 82,338.84 82,338.84 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,655,457.79 2,655,457.79 2,655,457.79 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.36 0.36 0.36 0.001 0.001 0.001 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 20,851.00 20,851.00 20,851.00 0.010 0.010 0.010 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 765,755.02 765,755.02 765,755.02 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,752.17 147,752.17 147,752.17 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 43,673.33 43,673.33 43,673.33 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 26,619.68 26,619.68 26,619.68 0.010 0.010 0.010 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,058.56 936,058.56 936,058.56 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 1,418,306.17 1,418,306.17 1,418,306.17 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 125,523.90 125,523.90 125,523.90 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 19,568.79 19,568.79 19,568.79 0.010 0.010 0.010 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 306,758.27 306,758.27 306,758.27 0.010 0.010 0.010 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 321,616.27 321,616.27 321,616.27 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1bond fd Federated Tax Free Obligations 08/24/2012 0.32 0.32 0.32 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 2,069,368.08 2,069,368.08 2,069,368.08 0.010 0.010 0.010 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,191.89 5,191.89 5,191.89 0.010 0.010 0.010 1 Run Date: 10/1812012 - 17:40 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 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 141,962.12 141,962.12 141,962.12 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 398.01 398.01 398.01 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.18 368.18 368.18 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 27,139.40 27,139.40 27,139.40 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.08 1,144.08 1,144.08 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.38 507.38 507.38 0.010 0.010 0.010 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 19,031.88 19,031.88 19,031.88 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 73,000.82 73,000.82 73,000.82 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2012 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 1,308,837.75 1,308,837.75 1,308,637.75 0.010 0.010 0.010 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,267,575.13 11,267,575.13 11,267,575.13 0.010 0.010 0.010 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 22,377,505.71 22,377,505.71 22,377,505.71 0.377 0.372 0.377 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,573,921.71 1,573,921.71 1,573,921.71 0.377 0.372 0.377 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 290,695.80 290,695.80 290,695.80 0.377 0.372 0.377 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,635,551.21 3,635,551.21 3,635,551.21 0.377 0.372 0.377 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 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 60,467,092.80 Run Date: 1 011 81201 2 - 17:40 54,291,792.93 54,291,792.93 54,291,792.93 0.196 0.199 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2012 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 39,509.16 39,509.16 39,509.16 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,022.44 600,022.44 600,022.44 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 07/01/2012 4,000,067.96 4,000,067.96 4,000,067.96 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 1,859,666.78 1,859,666.78 1,859,666.78 0.000 0.000 1 Subtotal and Average 6,472,658.69 6,499,266.34 6,499,266.34 6,499,266.34 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 SYSCITY CITY CA Local Agency Investment Fun 14,109,796.84 14,127,005.75 14,109,796.84 0.377 0.372 0.377 1 SYSRDA RDA CA Local Agency Investment Fun 1,738.56 1,740.68 1,738.56 0.377 0.372 0.377 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.377 0.372 0.377 1 SYSTCSD TCSD CA Local Agency Investment Fun 14,013,484.80 14,030,576.25 14,013,484.80 0.377 0.372 0.377 1 Subtotal and Average 27,845,020.20 28,125,020.20 28,159,322.68 28,125,020.20 0.372 0.377 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Horne Loan Mtg Corp 12/09/2011 1,000,000.00 1,014,430.00 1,000,000.00 1.400 1.381 1.400 1,530 12/09/2016 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,006,440.00 1,000,000.00 1.000 0.986 1.000 988 06/16/2015 3134G3PH7 01186 Federal Horne Loan Mtg Corp 02/24/2012 1,000,000.00 1,003,980.00 1,000,000.00 1.000 0.986 1.000 1,423 08/24/2016 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,034,040.00 2,000,000.00 4.000 3.945 4.000 161 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,018,670.00 1,000,000.00 4.000 3.945 4.000 177 03/27/2013 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,001,540.00 1,000,000.00 1.125 1.110 1.125 793 12/03/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,013,730.00 1,000,000.00 2.125 2.096 2.125 1,390 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,012,520.00 1,000,000.00 1.350 1.332 1.350 1,484 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,009,970.00 1,000,000.00 1.000 0.986 1.000 1,457 09/27/2016 Subtotal and Average 10,000,000.00 Run Date: 1 011 81201 2 - 17:40 10, 000, 000.00 10,115,320.00 10,000,000.00 2.071 2.100 956 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 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 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,016,860.00 997,500.00 2.250 2.284 2.316 301 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,006,790.00 1,000,000.00 2.150 2.121 2.150 126 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,000,540.00 1,000,000.00 1.550 1.529 1.550 14 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,015,150.00 1,000,000.00 1.375 1.356 1.375 497 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,010,560.00 1,000,000.00 0.875 0.863 0.875 669 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,027,140.00 1,000,000.00 1.300 1.282 1.300 1,466 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,018,950.00 1,000,000.00 1.050 1.036 1.050 1,120 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,016,330.00 1,000,000.00 0.970 0.957 0.970 1,148 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,310.00 1,000,000.00 0.500 0.493 0.500 424 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,017,170.00 1,000,000.00 1.000 0.986 1.000 1,164 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,011,970.00 1,000,000.00 0.850 0.638 0.850 1,205 01/19/2016 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,002,000.00 1,000,000.00 1.625 1.603 1.625 51 11/21/2012 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,008,730.00 1,000,000.00 1.125 1.110 1.125 347 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,014,190.00 1,000,000.00 1.000 0.986 1.000 721 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 1,004,490.00 1,000,000.00 0.520 0.513 0.520 844 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001580.00 1,000,000.00 0.400 0.395 0.400 865 02/13/2015 313378AC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 1,003,480.00 1,000,000.00 0.500 0.493 0.500 963 05/22/2015 31337BQH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,012,120.00 1,000,000.00 0.900 0.888 0.900 1,274 03/28/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,000,500.00 999,270.00 0.375 0.399 0.404 896 03/16/2015 Subtotal and Average 18,996,770.00 19,000,000.00 19,189,860.00 18,996, 770.00 1.059 1.074 742 Total and Average 125,553,265.51 Run Date: 1 011 81201 2 - 17:40 117, 916,080.47 118, 255, 562.95 117,912,850.47 0.525 0.533 201 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash September 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 City of Temecula SYSFIex Ck Acct Flex Ck Acct Union Bank of California SYSGen Ck Acct Gen Ck Acct Union Bank of California SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 07/01/2012 30,319.72 30,319.72 30,319.72 0.000 0.000 1 1,174,005.65 1,174,005.65 1,174,005.65 0.000 0.000 1 07/01/2012 5,909.50 5,909.50 5,909.50 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 1,145.83 Subtotal 1,214,490.70 1,214, 490.70 1,145.83 1 Total Cash and Investments 125,553,265.51 Run Date: 1 011 81201 2 - 17:40 119,129,425.34 119,470,053.65 119,127,341.17 0.525 0.533 201 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund # CITY OF TEMECULA CASH BALANCES AS OF SEPTEMBER 30, 2012 Fund Name Fund Total 001 GENERAL FUND $ 28,368,492.16 100 STATE GAS TAX FUND 672,167.29 120 DEVELOPMENT IMPACT FUND 6,321,356.85 131 ENERGY EFFICIENCY CONSERVATION GRANT 360,544.39 135 BUSINESS INCUBATOR RESOURCE 149,550.00 150 AB 2766 FUND 266,498.49 165 SARDA AFFORDABLE HOUSING 5,956,274.08 166 SARDA HOUSING 16,941,364.59 170 MEASURE A FUND 5,940,359.06 190 TEMECULA COMMUNITY SERVICES DISTRICT 510,067.12 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 133,178.95 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 8,855.55 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 225,140.70 197 TEMECULA LIBRARY FUND 365,602.60 210 CAPITAL IMPROVEMENT PROJECT FUND 7,673,948.08 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,655,458.15 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 936,058.56 277 CFD-RORIPAUGH 26,027,131.47 300 INSURANCE FUND 518,768.81 310 VEHICLES AND EQUIPMENT FUND 1,199,172.37 320 INFORMATION TECHNOLOGY 293,945.50 330 CENTRAL SERVICES 360,607.58 340 FACILITIES 85,024.28 375 SUMMER YOUTH EMPLOYMENT PROGRAM 7,594.32 380 SARDA DEBT SERVICE FUND 1,515,909.10 381 REDEVELOPMEN PROPERTY TAX TRUST 1,001,205.63 460 CFD 88-12 DEBT SERVICE FUND 85,825.20 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 794,303.99 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 996,989.97 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 99,118.25 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,890,283.30 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 658,547.75 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 5,443,253.85 501 SERVICE LEVEL"C'ZONE 1 SADDLEWOOD 20,142.84 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 49,899.77 503 SERVICE LEVEL"C'ZONE 3 RANCHO HIGHLANDS 23,302.91 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3,400.32 505 SERVICE LEVEL"C'ZONE 5 SIGNET SERIES 11,893.89 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 12,368.73 507 SERVICE LEVEL"C'ZONE 7 RIDGEVIEW 3,187.44 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 30,970.76 509 SERVICE LEVEL"C'ZONE 9 RANCHO SOLANA 14,541.33 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 6,191.86 511 SERVICE LEVEL"C'ZONE 11 MEADOWVIEW 1,645.89 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 29,082.60 514 SERVICE LEVEL"C'ZONE 14 MORRISON HOMES 3,459.64 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 1,283.30 516 SERVICE LEVEL"C'ZONE 16 TRADEWINDS 46,552.58 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 766.14 518 SERVICE LEVEL"C'ZONE 18 TEMEKU HILLS 16,051.51 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 49,020.71 520 SERVICE LEVEL"C'ZONE 20 CROWNE HILL 142,257.04 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 101,309.69 522 SERVICE LEVEL"C'ZONE 22 SUTTON PLACE 1,066.55 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 11,140.34 524 SERVICE LEVEL"C'ZONE 24 HARVESTON 144,743.66 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 32,957.78 526 SERVICE LEVEL"C'ZONE 26 GALLERYTRADITION 282.69 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 1,055.32 528 SERVICE LEVEL"C'ZONE 28 WOLF CREEK 210,649.82 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5,161.79 530 SERVICE LEVEL"C'ZONE 30 FUTURE ZONES 33,068.76 Grand Total: $ 119,470,053.65 Item No. 5 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r- 74-0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Steve Gallegos, Fire Chief DATE: November 13, 2012 SUBJECT: Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: Approve the Sponsorship Agreement in the amount of $5,000 with Trauma Intervention Program of Southwest Riverside County, Inc. BACKGROUND: The Trauma Intervention Program, better known as TIP is a national non-profit organization that provides counseling and assistance at incidents when Fire and Police call upon them. Services include assistance to family members at an unexplained death, assault, vehicle accident or any incident that the responding public safety officer deems necessary. This program provides a needed service that will provide support to our Temecula residents in a time of need. TIP volunteers undergo a screening process prior to becoming accepted into the program. Prerequisites include passing a Department of Justice background check and a clean driving record. Under the new standards, TIP volunteers must be able to commit to three 12 hour shifts per month and cannot begin work until they attend a 55 -hour training program that includes a one-on-one interview with the board, orientation, intense emotional training and a policies and procedures course. A number of municipalites and organizations throughout Riverside County utilize the Trauma Intervention Program, including the City of Murrieta, Canyon Lake, Lake Elsinore, Menifee and Wildomar. TIP volunteers also provide support in the unincorporated areas of Riverside County. Police and Fire utilize TIP at incidents when life altering events take place. Because both entities use TIP's services the Police and Fire Department will split fund this program providing $2,500 each from their Fiscal Year 2012-13 operating budget. FISCAL IMPACT: Total expenditure not to exceed $5,000. Adequate funds are available in Police and Fire Department's Annual Operating budget. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND TRAUMA INTERVENTION PROGRAM OF SOUTHWEST RIVERSIDE COUNTY, INC. THIS AGREEMENT is made and effective as of this 13th day of November, 2012, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Trauma Intervention Program of Southwest Riverside County, Inc., a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall be available to respond to emergencies upon being contacted by the Fire Department, Police Department or City Authority. Availabilty shall be 24 hours a day, seven days a week. The Nonprofit will assist the citizens of Temecula at incidents deemed necessary by the City which may include, but not limited to: a natural or unexplained death; victims of violent crimes including rape, assault, robbery or burglary; victims displaced by fire; disoriented or lonely elderly persons; people involved in vehicle accidents; survivors of suicide and those that are distraught and seeking immediate support. 2. TERM This Agreement shall commence on November 13, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing support services in fiscal year 2012/2013 the City agrees to pay the the Nonprofit Five Thousand Dollars and No Cents on or before December 31, 2012. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by November 13, 2012, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Nonprofit shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Nonprofit employs any employees. Nonprofit warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall riot contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall riot affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Trauma Intervention Program of Southwest Riverside County, Inc. Attn: Gina Magee 32400 Beechwood Lane Lake Elsinore, CA 92530 10. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 11. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 12. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Trauma Intervention Program of Southwest Riverside County, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Tom Tisdale, Chairman of the Board of Directors ATTEST: By: By: Susan W. Jones, MMC, City Clerk Kim Joseph -Cousins, Treasurer, Board of Directors APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Trauma Intervention Programs of Southwest Riverside County, Inc. Gina Magee 32400 Beechwood Lane Lake Elsinore, CA 92530 951-678-4502 ginalmagee@gmail.com PM Initials:0 Q Date: D Item No. 6 Approvals City Attorney Chief Financial Officer City Manager ffi/re-r- go CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Chief Financial Officer DATE: November 13, 2012 SUBJECT: Agreement with Innovative Document Solutions for the lease of Canon copiers PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: Approve a five-year agreement with Innovative Document Solutions (IDS) for the lease of seven replacement Canon copiers for an annual amount of $14,908, and for the lease of one new Canon copier for an annual amount of $3,216 for a total contract amount of $90,620. BACKGROUND: A Request for Proposal (RFP) for copiers was completed in April 2010 for the lease of 11 Canon copiers/printers and the contract was awarded to Innovative Document Solutions. It is being recommended that the proposed seven replacement copiers and the one newly proposed copier be leased through the City's current vendor, IDS. Central Services currently manages 51 Canon copiers for the Civic Center, the Library, and other City facilities. Of the City's existing 51 Canon copiers, 12 copiers have been approved for disposal. Along with Canon having advised the City that replacement parts are no longer being manufactured, the disposal of the 12 copiers was also based on these copiers being obsolete and technologically outdated. If approved, the total number of City copiers will be reduced to 47. The newly proposed copier will be located at the Temecula Valley Entrepreneur Exchange. As currently proposed, the incubator clients will be charged a per page copy rate to offset associated costs. FISCAL IMPACT: The annual lease cost of $14,908 has been budgeted in the Central Services Budget for fiscal year 2012-2013. The annual lease cost of $3,216 has been budgeted in the Temecula Valley Entrepreneurs Exchange budget for fiscal year 2012-2013. ATTACHMENTS: Lease Agreements INSURANCE. You agree to maintain comprehensive liability insurance acceptable to us. You also agree to: 1) keep the Equipment fully insured against loss at its replacement cost, with us named as loss payee; and 2) provide proof of insurance satisfactory to us no later than 30 days following the commencement of this Agreement, and thereafter upon our written request. If you fail to maintain property loss insurance satisfactory to us and/or you fail to timely provide proof of such insurance, we have the option, but not the obligation, to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance, and which may result in a profit to us through an investment in reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 3% per annum. TAXES. We own the Equipment. You wit pay when due, either directly or by reimbursing us, all taxes and fees relating to the Equipment and this Agreement. Sales or use tax due upfront will be payable over the term with a finance charge. END OF TERM. At the end of the term of this Agreement (or any renewal term) (the "End Date"), this Agreement wit renew month to month unless a) you provide us written notice of your intent to retum the Equipment at least 60 days prior to the End Date, and b) you timely return the Equipment to the location designated by us, at your expense. If the retumed Equipment is not immediately available for use by another without need of repair, you will reimburse us for all repair costs. You cannot pay off this Agreement or retum the Equipment prior to the End Date without our consent. If we consent, we may charge you, in addition to other amounts owed, an early termination fee equal to 5% of the amount we paid for the Equipment. DEFAULT AND REMEDIES. If you do not pay any sum within 10 days after its due date, or if you breach any other term of this Agreement or any other agreement with us, you will be in default, and we may require that you return the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus our booked residual, both discounted at 4% per annum. We may also use all other legal remedies available to us, including disabling or repossessing the Equipment. You agree to pay all our costs and expenses, including reasonable attomey fees, incurred in enforcing this Agreement. You also agree to pay interest on all past due amounts, from the due date, at 1.5% per month. UCC. You agree that this Agreement is (and/or shall be treated as) a "Finance Lease" as that term is defined in Article 2A of the Uniform Commercial Code ("UCC"). You agree to forgo the rights and remedies provided under sections 507-522 of Article 2A of the UCC. MISCELLANEOUS. This Agreement is the entire agreement between you and us and supersedes any prior representations or agreements, including any purchase orders. Amounts payable under this Agreement may include a profit to us. The original of this Agreement shall be that copy which bears your facsimile or original signature, and which bears our original signature. Any change must be in writing signed by each party. AGREEMENT GREATAMERICA LEASING CORPORATION® 625 FIRST STREET SE, CEDAR RAPIDS IA 52401 PO BOX 609, CEDAR RAPIDS IA 52406-0609 AGREEMENT NO.: 823564 CUSTOMER ("YOU" OR "YOUR") FULL LEGAL NAME: Temecula, City of ADDRESS: 41000 Main St Temecula, CA 92590-2764 VENDOR (VENDOR IS NOT OWNER'S AGENT NOR IS VENDOR AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS AGREEMENT) Innovative Document Solutions Murrieta, CA EQUIPMENT AND PAYMENT TERMS SEE ATTACHED SCHEDULE TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES EQUIPMENT LOCATION: TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT* : $1,242.32 ("PLUS TAX) ADDITIONAL TERMS AND CONDITIONS AGREEMENT. You want us to pay your Vendor for the equipment referenced herein ("Equipment") and you agree to pay us the amounts payable under the terms of this agreement ("Agreement") each period by the due date. This Agreement will begin on the date the Equipment is delivered to you or any later date we designate. We may charge you a reasonable fee to cover documentation and investigation costs. If any amount payable to us is not paid when due, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, if less. NET AGREEMENT. THIS AGREEMENT IS NON -CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, WITHOUT SET -OFFS FOR ANY REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED, EVEN IF IT IS NOT YOUR FAULT. EQUIPMENT USE. You will keep the Equipment in good working order, use it for business purposes only, and not modify or move it from its initial location without our consent. You must resolve any dispute you may have conceming the Equipment with the manufacturer or Vendor. Payments under this Agreement may include amounts you owe your Vendor under a separate arrangement (for maintenance, service, supplies, etc.), which amounts may be invoiced by us on your Vendor's behalf for your convenience. SOFTWAREIDATA. Except as provided in this paragraph, references to "Equipment" include any software referenced above or installed on the Equipment. We do not own the software and cannot transfer any interest in it to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. You are solely responsible for protecting and removing any confidential data/images stored on the Equipment prior to its retum for any reason. NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE EQUIPMENT "AS -IS". YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANYIALL SERVICE PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER OR VENDOR IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement without our written consent. We may set or assign this Agreement or our rights in the Equipment, in whole or in part, to a third party without notice to you. You agree that if we do so, the assignee wit have our rights but will not be subject to any claim, defense, or set-off assertable against us or anyone else. LAWIFORUM. This Agreement and any claim related to this Agreement will be govemed by Iowa law. Any dispute wit be adjudicated in a state or federal court located in Linn County, Iowa. You consent to personal jurisdiction and venue in such courts and waive transfer of venue. Each party waives any right to a jury trial. LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment. No such loss or damage will relieve you from your payment obligations hereunder. We are not responsible for, and you will indemnify us against, any claims, losses or damages, including attorney fees, in any way relatin to the E ui ment. In no event will we be liable for an conse uential or indirect dams. es. I OWNER (WE", "US", "OUR-) CUSTOMER'S AUTHORIZED SIGNATURE THIS AGREEMENT IS NON -CANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE FUND VENDOR FOR THE EQUIPMENT. CUSTOMER: (As Stated Above) OWNER: GreatAmerica Leasing Corporation SIGNATURE: PRINT NAME & TITLE: DATE: SIGNATURE: PRINT NAME & TITLE: >�d DATE: UNCONDITIONAL GUARANTY The undersigned unconditionally guarantees that the Customer wit timely perform all obligations under the above Agreement. The undersigned also waives any notification if the Customer is in default and consents to any extensions or modifications granted to the Customer. In the event of default, the undersigned will immediately pay all sums due under the terms of the Agreement without requiring us to proceed against Customer or any other party or exercise any rights in the Equipment. The undersigned, as to this guaranty, agrees to the designated forum and consents to personal jurisdiction, venue, and choice of law as stated in the Agreement, agrees to pay all costs and expenses, including attorney fees, incurred by us related to this guaranty and the Agreement, waives a jury trial and transfer of venue, and authorizes obtaining credit reports. SIGNATURE: X INDIVIDUAL: DATE: CERTIFICATE OF DELIVERY AND ACCEPTANCE The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted. SIGNATURE: X NAME AND TITLE: 001967-VG01(RL)_0510 10/18/2012 9:38 AM DATE: 220 EQUIPMENT SCHEDULE AGREEMENT NO.: 823564 DESCRIPTION OF EQUIPMENT TYPE, MAKE, MODEL NUMBER AND INCLUDED ACCESSORIES 1 Canon IRAC 5051 Copier System 1 Canon IRA 4051 Copier System SERIAL NO. 1 Canon IR 1025 Copier System 4 Canon IRAC 5030 Copier Systems VERIFICATION The undersigned hereby verifies that the information on this Schedule is complete and correct. The undersigned also acknowledges having received a copy of this Schedule. Temecula, City of X DATE CUSTOMER ZG0205 F0510 10/18/2012 9:48 AM SIGNATURE PRINT NAME & TITLE 220 GOVERNMENTAL ENTITIES ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between Innovative Document Solutions, Inc. ("we", "us", "our") and Temecula, City of ("Governmental Entity", "you", "your"), which agreement is identified in our records as agreement number 823564 ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential govemment purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038 -GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non -appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation. GOVERNMENTAL ENTITY'S AUTHORIZED SIGNATURE (As Stated Above) X Innovative Document Solutions, Inc. SIGNATURE PRINT NAME & TITLE SIGNATURE PO7NA_0610 PRINT NAME & TITLE DATE DATE INSURANCE. You agree to maintain comprehensive liability insurance acceptable to us. You also agree to: 1) keep the Equipment fully insured against loss at its replacement cost, with us named as loss payee; and 2) provide proof of insurance satisfactory to us no later than 30 days following the commencement of this Agreement, and thereafter upon our written request. If you fail to maintain property loss insurance satisfactory to us and/or you fail to timely provide proof of such insurance, we have the option, but not the obligation, to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance, and which may result in a profit to us through an investment in reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 3% per annum. TAXES. We own the Equipment. You will pay when due, either directly or by reimbursing us, all taxes and fees relating to the Equipment and this Agreement. Sales or use tax due upfront will be payable over the term with a finance charge. END OF TERM. At the end of the term of this Agreement (or any renewal term) (the "End Date"), this Agreement will renew month to month unless a) you provide us written notice of your intent to retum the Equipment at least 60 days prior to the End Date, and b) you timely retum the Equipment to the location designated by us, at your expense. If the returned Equipment is not immediately available for use by another without need of repair, you will reimburse us for all repair costs. You cannot pay off this Agreement or retum the Equipment prior to the End Date without our consent. If we consent, we may charge you, in addition to other amounts owed, an early termination fee equal to 5% of the amount we paid for the Equipment. DEFAULT AND REMEDIES. If you do not pay any sum within 10 days after its due date, or if you breach any other term of this Agreement or any other agreement with us, you will be in default, and we may require that you retum the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus our booked residual, both discounted at 4% per annum. We may also use all other legal remedies available to us, including disabling or repossessing the Equipment. You agree to pay all our costs and expenses, including reasonable attorney fees, incurred in enforcing this Agreement. You also agree to pay interest on all past due amounts, from the due date, at 1.5% per month. UCC. You agree that this Agreement is (and/or shall be treated as) a "Finance Lease" as that term is defined in Article 2A of the Uniform Commercial Code ("UCC"). You agree to forgo the rights and remedies provided under sections 507-522 of Article 2A of the UCC. MISCELLANEOUS. This Agreement is the entire agreement between you and us and supersedes any prior representations or agreements, including any purchase orders. Amounts payable under this Agreement may include a profit to us. The original of this Agreement shall be that copy which bears your facsimile or original signature, and which bears our original signature. Any change must be in writing signed by each party. AGREEMENT GREATAMERICA LEASING CORPORATION® 625 FIRST STREET SE, CEDAR RAPIDS IA 52401 PO BOX 609, CEDAR RAPIDS IA 52406-0609 AGREEMENT NO.: 827596 CUSTOMER ("YOU- OR "YOUR") FULL LEGAL NAME: Temecula, City of ADDRESS: 41000 Main St Temecula, CA 92590-2764 VENDOR (VENDOR IS NOT OWNER'S AGENT NOR IS VENDOR AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS AGREEMENT) Innovative Document Solutions Murrieta, CA EQUIPMENT AND PAYMENT TERMS 0 SEE ATTACHED SCHEDULE TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES 1 Canon IRAC 5051 Copier System EQUIPMENT LOCATION: TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT': 268.00 ('PLUS TAX) ADDITIONAL TERMS AND CONDITIONS AGREEMENT. You want us to pay your Vendor for the equipment referenced herein ("Equipment') and you agree to pay us the amounts payable under the terms of this agreement ("Agreement") each period by the due date. This Agreement will begin on the date the Equipment is delivered to you or any later date we designate. We may charge you a reasonable fee to cover documentation and investigation costs. If any amount payable to us is not paid when due, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, if less. NET AGREEMENT. THIS AGREEMENT IS NON -CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, WITHOUT SET -OFFS FOR ANY REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED, EVEN IF IT IS NOT YOUR FAULT. EQUIPMENT USE. You will keep the Equipment in good working order, use it for business purposes only, and not modify or move it from its initial location without our consent. You must resolve any dispute you may have concerning the Equipment with the manufacturer or Vendor. Payments under this Agreement may include amounts you owe your Vendor under a separate arrangement (for maintenance, service, supplies, etc.), which amounts may be invoiced by us on your Vendor's behalf for your convenience. SOFTWAREIDATA. Except as provided in this paragraph, references to "Equipment' include any software referenced above or installed on the Equipment We do not own the software and cannot transfer any interest in it to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. You are solely responsible for protecting and removing any confidential data/images stored on the Equipment prior to its retum for any reason. NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE EQUIPMENT "AS -IS". YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANYIALL SERVICE PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER OR VENDOR IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement without our written consent. We may sell or assign this Agreement or our rights in the Equipment, in whole or in part, to a third party without notice to you. You agree that if we do so, the assignee will have our rights but will not be subject to any claim, defense, or set-off assertable against us or anyone else. LAWIFORUM. This Agreement and any claim related to this Agreement will be govemed by California law. Any dispute will be adjudicated in a state or federal court located in Riverside County, Califomia. You consent to personal jurisdiction and venue in such courts and waive transfer of venue. Each party waives any right to a jury trial. LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment, except damage or loss caused by our gross negligence or willful misconduct. No such loss or damage will relieve you from your payment obligations hereunder. In no event will we be liable for any conse• uential or indirect dama• es. OWNER ("WE", "US", "OUR") THIS AGREEMENT IS NON -CANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE FUND VENDOR FOR THE EQUIPMENT. OWNER: GreatAmerica Leasing Corporation CUSTOMER: (As Stated Above) CUSTOMER'S AUTHORIZED SIGNATURE SIGNATURE: PRINT NAME & TITLE: DATE: PRINT NAME & TITLE: CERTIFICATE OF DELIVERY AND ACCEPTANCE The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted. SIGNATURE: X NAME AND TITLE: temeculacityof 823564 vg01(11)lawld psw cm 10/24/2012 3:25 PM DATE: 220 GOVERNMENTAL ENTITIES ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between Innovative Document Solutions, Inc. ("we", "us", "our") and Temecula, City of ("Governmental Entity", "you", "your"), which agreement is identified in our records as agreement number 823564 5-1-755 ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038 -GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non -appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation. GOVERNMENTAL ENTITY'S AUTHORIZED SIGNATURE (As Stated Above) X Innovative Document Solutions, Inc. PO7NA_0610 SIGNATURE PRINT NAME & TITLE SIGNATURE PRINT NAME & TITLE DATE DATE INNOVATIVE DOCUMENT SOLUTIONS Your Local Business F mer 26855 Jefferson Avenue, Suite F Murrieta, CA 92562 P. 951) 676-8885 F. 951) 296-2675 77-760 Springfield lane, Suite #6 Palm Desert, CA 92211 P. 760) 200-1583 F. 760) 200-1673 Petienstaace facnotatee Canon HEW LETT PACKARD 1. Lifetime Guarantee. Your equipment is guaranteed to perform to manufacturer's specifications for as long as you have it! If we are not able to repair your equipment in your office, we will provide you with a free temporary replacement until the repair has been completed. If your equipment cannot be repaired, we will replace it with equipment of equal or greater capabilities at no additional charge. City of Temecula Award-winning EXCEPTIONAL technology SERVICE Date Kevin Heitritter, President traordinary people wwwi.dscanon.com Item No. 7 Approvals City Attorney Chief Financial Officer City Manager M -r 741fA) rA, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: November 13, 2012 SUBJECT: Fee Reimbursement Agreement with Jones/Blumenthal Temecula Real Property LLC PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND JONES/ BLUMENTHAL TEMECULA REAL PROPERTY LLC BACKGROUND: On October 9, 2007, the City entered into a Fee Credit Agreement with Jones/Blumenthal Temecula Real Property LLC ("Developer") that provided for the deferral of approximately $210,000 in development fees to the City in return for the development of a new motor vehicle dealership for the retail sales and service of Mercedes Benz vehicles ("Dealership") located on Ynez Road in the Harveston Specific Plan area. Because of the downturn of the economy, and the consequential fall in the demand for luxury vehicles, the development of the Dealership was put on hold. Recently, the Developer approached the City to move forward with the construction of the Dealership, with an approximate opening date of spring 2014. The City has determined that the future development of the Mercedes Benz Dealership will be of substantial economic benefit to the community through the generation of approximately 100 new employment opportunities and the generation of new tax revenues that will assist in funding public services. The Dealership will develop new and expanded commercial and business facilities, while enhancing the City's tax base through increased property values and consumer spending. Because of this substantial economic benefit, the Developer seeks to enter into a Fee Reimbursement Agreement with the City, upon the completion and opening of the Dealership. The City determines that the amount of fees waived for the development of the Dealership, when compared to the Developer's investment in the land costs, public improvement costs, and construction costs in the development of a motor vehicle dealership, is less than 1.75% of the total project cost. The Parcel A fees and the approximate amounts are described in Exhibit B of Attachment 2. The Luxury Car Council Subcommittee (Washington/Roberts) met with representatives of Jones/Blumenthal on September 26, 2012 and recommended approval of the Fee Reimbursement Agreement. FISCAL IMPACT: Development fees totaling an estimated $237,035 will be reimbursed to the developer within ten (10) working days following the issuance of a Certificate of Occupancy for the Dealership and the Dealership opening to the public for the retail sale of motor vehicles. The City shall reimburse the Developer for the Parcel A Fees actually paid to the City. The final amount of the Parcel A fees shall be determined upon the filing of an application for approval of the Development Plan for the Dealership. ATTACHMENTS: 1. Resolution 2. Fee Reimbursement Agreement By and Between the City of the City of Temecula and Jones/Blumenthal Temecula Real Property LLC RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council does hereby find, determine, and declare that: A. The City and Jones/Blumenthal Temecula Real Property LLC ("Developer") propose to enter into that certain agreement entitled: "Fee Reimbursement Agreement by and between the City of Temecula and Jones/Blumenthal Temecula Real Property LLC" ("Agreement") that will provide for the reimbursement of approximately $237,035 in development fees to the City in return for Jones/Blumenthal building a Mercedes Benz new motor vehicle dealership ("Dealership") on Parcel A. B. The Developer expects to employ approximately 100 persons at the Mercedes Benz dealership within the next five (5) years. C. The City Council finds and determines that performance of the City's obligations under this Agreement and the undertakings of the Dealership required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Agreement will: 1. Generate new short term and long term quality employment opportunities within the City; 2. Generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; 3. Preserve and enhance the job/housing balance described in the City's General Plan and various regional plans; 4. Develop new and expanded commercial and business facilities; 5. Expand and enhance the City's tax base through increased property values and consumer purchasing; and 6. Promote the stability and diversification of the City's economy. D. All legal prerequisites to the adoption of the Resolution have occurred. E. The Agreement approved by the Resolution is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation pursuant to Section 860 of the California Code of Civil Procedure. Section 2. Approval of Agreement. The City Council of the City of Temecula hereby approves that certain agreement titled "Fee Reimbursement Agreement By and Between City of Temecula and Jones/Blumenthal Temecula Real Property LLC" ("Agreement") with such changes to the Agreement as may be mutually agreed upon by Jones/Blumenthal and the City Manager and which are in substantial conformance with the form of such Agreement in Attachment 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City. A copy of the final Agreement when executed by the Mayor and the Developer shall be placed on file with the City Clerk. Section 3, Authority of the City Manager. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, approval and execution on behalf of the City acceptances, certificates, certificates of completion and such other implementing agreements and documents as contemplated, necessary, or described in the Agreement. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMEUCLA AND JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC THIS AGREEMENT is made and effective as of November 13, 2012 by and between the City of Temecula, a municipal corporation, and Jones/Blumenthal Temecula Real Property LLC, a California limited liability company and Garth L. Blumenthal, an individual, each as to an undivided 50% interest, as Tenants in Common ("Developer"). In consideration of the mutual covenants set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the follow facts and for the following purposes, which each of the parties acknowledge and agree to be true and correct: A. Jones/Blumenthal Temecula Real Property LLC is a California limited liability company authorized and licensed to do business in the State of California. Garth L. Blumenthal, an individual. B. Developer is the owner of real property located at Ynez Road and in the City of Temecula, as more fully described on Exhibit A ("Parcel A"). C. The development of Parcel A is subject to and governed by that certain Development Agreement dated as of August 28, 2001 by and between the City, Lennar Homes, Inc., and Winchester Hills I LLC ("Development Agreement"). D. Developer plans to develop a new motor vehicle dealership on Parcel A for the retail sales and service of Mercedes Benz vehicles ("Dealership"). The estimated cost of the construction of the Dealership is twenty eight million dollars ($28,000,000.00). E. Developer expects to employ approximately 100 persons at the Dealership within the next five (5) years. F. Developer and the City desire to provide for the Developer's operation of the Dealership within the City. G. The City Council finds and determines that performance of the City's obligations under this Agreement and the undertakings of the Dealership required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Agreement will: (1) generate new short term and long term quality employment opportunities within the City; (2) generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; (3) preserve and enhance the job/housing balance described in the City's General Plan and various regional plans; (4) develop new and expanded commercial and business facilities; (5) expand and enhance the City's tax base through increased property values and consumer purchasing; and (6) promote the stability and diversification of the City's economy. 11086-0153\1499688v1.doc H. This Agreement is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation action pursuant to Section 860 of the California Code of Civil Procedure. 2. Reimbursement of Certain Parcel A Fees. A. Pursuant to the Development Agreement, certain fees will be due the City for the development of the Dealership on Parcel A. The Parcel A fees and the approximate amounts thereof are described on Exhibit B attached hereto ("Parcel A Fees"). The final amount of the Parcel A Fees shall be determined upon the filing of an application for approval of the Development Plan for the Dealership. B. Developer shall pay to the City all Parcel A Fees at the time they are due pursuant to the City's Municipal Code and development policies. C. Within ten (10) working days following the issuance of a Certificate of Occupancy by the City for the Dealership and the Dealership opening to the public for the retail sale of motor vehicles, City shall reimburse the Developer for the Parcel A Fees actually paid to the City. D. City's obligation to reimburse Developer for the Parcel A Fees shall terminate on December 31, 2013 unless such period extended in writing by the City Manager, provided that any such extension shall not extend past December 31, 2014. 3. Findings Concerning Inapplicability of Prevailing Wages. A. The City finds and determines that the amount of fees being reimbursed for the development of Parcel A pursuant to this Agreement when compared to the Developer's investment in the land costs, public improvement costs, and construction costs in the development of the Dealership is de minimus, comprising less than one and seventy-five one hundredths percent (1.75%) of the total project cost. B. Therefore, based on the above finding, the City and Developer have determined that prevailing wages are not required to be paid on the private improvements and development of Parcel A in accordance with Labor Code Sections 1720, et seq. C. Developer hereby represent to City that it understands and acknowledges the relationship of the Parcel A Fee reimbursement described in this Agreement and the potential impact on the application of prevailing wages to development on Parcel A. Accordingly, Developer on behalf of itself and its successors in interest (except as provided in Paragraph 8F), hereby expressly and knowingly waive their respective rights under Labor Code Sections 1726 and 1781 to seek recovery against the City of any prevailing wage liabilities they may incur based upon this Agreement. Developer hereby acknowledge that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" Developer hereby acknowledges that it may have claims which are presently -2- 11086-0153\1499688v1.doc unknown and unsuspected, and such claims in the future. Nevertheless, Developer hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. 4. City Monument Entrance Sign. A. City and Developer desire to design and construct a monument entrance sign for the City on a portion of Parcel A. B. Concurrently with the approval of this Agreement, Developer has tendered to the City an Irrevocable Offer of Dedication of the land necessary for the monument sign along with necessary access and maintenance easements over Parcel A or Parcel B, which Irrevocable Offer of Dedication shall be effective upon both the approval of this Agreement by the City Council and the close of the escrow conveying Parcel A to the Developer. City agrees to cooperate with the Developer in determining the actual land required for the monument sign once the plans and specifications for the sign are approved. City shall accept only such land as is necessary for the monument sign pursuant to the approved plans and specifications for the sign. C. Developer's architect shall design the monument sign for the City to provide a monument entry sign with high quality design and style and compatible with the architecture of the Dealership. The architect shall meet regularly with the Director of Community Development, or his designee, to discuss concepts and to coordinate the design process. As part of this process the proposed design will need to be reviewed by the City's Infrastructure Beautification Committee. The design of the City monument sign shall be approved by the City Manager. Developer shall submit the final design to the City for approval on or before submission of the application for Development Plan approval for the Dealership. As used in this Agreement, the "City Monument Sign" shall mean the design of the sign as approved by the City Manager. D. Following City approval of the City Monument Sign design, the Developer and City shall meet and establish a budget for the City Monument Sign. The City Manager shall approve the budget for the City Monument Sign and shall approve any changes to the budget. E. Following approval of the design and the budget, Developer's architect shall prepare construction plans and specifications. The architect shall meet regularly with the Director of Community Development and the Director of Public Works, or their designees, to discuss and coordinate the preparation of the plans and specifications. The plans and specification shall be approved by the City Manager. The plans and specifications shall be submitted for approval on or before the issuance of a building permit for the Dealership. F. Following approval of the plans and specifications, Developer shall construct the City monument sign in accordance with the approved plans and specifications and in accordance with the approved budget. Developer shall pay or cause to be paid prevailing wages pursuant to Labor Code Sections 1720 et seq. seq. for the construction of the of the City Monument Sign. G. Developer shall require all contractors working on the City Monument Sign to procure and maintain liability insurance in a policy amount of not less than $2 million in such -3- 11086-0153\1499688v1.doc form and with such provisions as approved by the City's Chief Financial Officer. Developer shall also procure a labor and materials bond in a form approved by the Chief Financial Officer in the amount of the contracts let for the construction of the City Monument Sign. H. The Chief Financial Officer shall establish the "Monument Sign Fund." Developer shall contribute the sum of thirty six thousand dollars ($36,000.00) to the Fund which contribution may be made in case or as a credit for design and construction work performed for the City Monument Sign. The City shall contribute the difference between the Developer's $36,000 contribution and the budget amount for the City Monument Sign described in Subsection D. of this Section. Developer shall submit payment requests to the City for reimbursement of its reasonable expenses for design and construction of the City Monument Sign in excess of its contribution in accordance with the approved budget for the City Monument Sign. The form of the payment request and the supporting documentation of the expenses shall be established by the Chief Financial Officer. Developer shall be responsible for any expenses exceeding the approved budget. I. The City Manager may, by written notice to the parties, extend the date for an action described in this Section. 5. Representations and Agreements Concerning Use of Parcel A as a Motor Vehicle Dealership or Dealerships. A. In accordance with the requirements of Government Code Section 53084, the Developer hereby agrees on behalf of itself and its successors and assigns (except as provided in Paragraph 8F), that neither Developer nor its successors in interest, lessee or licensee on the Parcel A shall be a Vehicle Dealer that is Relocating from the territorial jurisdiction of one Local Agency to the territorial jurisdiction of the City but within the same Market Area. 1. As used in this section, "Vehicle Dealer" is defined in Government Code Section 53084 and means a retailer that is also a dealer as defined by Section 285 of the Vehicle Code. 2. As used in this Section "Local Agency" is defined in Government Code Section 53084 and means a chartered or general law city, a chartered or general law county, or a city and county. "Local Agency" does not include a redevelopment agency that is subject to Section 33426.7 of the Health and Safety Code. 3. As used in this Section "Market Area" is defined in Government Code Section 53084 and means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations as being an area that is large enough to support the location of the specific vehicle dealer that is relocating. With respect to a vehicle dealer, a "Market Area" shall not extend further than 40 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the vehicle dealer is relocating and ending at the location to which the vehicle dealer is relocating. -4- 11086-0153\1499688v1.doc 4. As used in this Section "Relocating" is defined in Government Code Section 53084 and means the closing of a Vehicle Dealer in one location and the opening of a Vehicle Dealer in another location within a 365 -day period when a person or business entity has an ownership interest in both the Vehicle Dealer that has closed or will close and the one that is opening. "Relocating" does not mean and shall not include the closing of a Vehicle Dealer because the Vehicle Dealer or Big Box Retailer has been will be acquired or has been or will be closed as a result of the use of eminent domain. B. In accordance with the requirements of Government Code Section 53084.5, Developer on behalf of itself and its successors and assigns (except as provided in Paragraph 8F) warrants and represents to the City and agrees to the following: 1. This Agreement will not result in a reduction in the amount of revenue that is received by another local agency from Developer from a location within the territorial jurisdiction of that other local agency from the tax proceeds collected under the Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) as described in Government. 2. The Developer will not maintain a physical presence within the territorial jurisdiction of another local agency provided, however, this shall not apply if the Developer has expanded its operations into another jurisdiction with the result that the Developer is conducting a comparable operation within the jurisdiction of both local agencies. 6. Effective Date. This Agreement shall be effective on November 13, 2012. 7. Operating Memorandum. The parties acknowledge that refinements and further development of Parcel A may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the administration of the terms of this Agreement. If and when the parties mutually find that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the terms of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the City and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of Developer, which, after execution, shall be attached hereto as addenda and become a part hereof. 8. General. A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service with return receipt or affidavit of delivery, (ii) delivery by a reputable document delivery service, such as, but not limited to, FedEx, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by a written notice provided in accordance with this Section. Notice shall be -5- 11086-0153\1499688v1.doc effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: With a copy to: To: Developer: With a copy to: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 41000 Main Street Temecula, California 92589 Attention: City Manager Peter M. Thorson, Esq. Richards, Watson & Gershon 355 S. Grand Ave., 40th Floor Los Angeles, CA 90071 Jones/Blumenthal Temecula Real Property LLC Attention: Garth Blumenthal 3300 Jamboree Road Newport Beach, CA 92660 Fletcher Jones, Jr. c/o Jeffery G. Roberts, Esq. 7300 W. Sahara Ave. Las Vegas, NV 89117 B. Entire Agreement, Modifications. This Agreement and the documents referenced herein contain the complete expression of the whole agreement between the parties with respect to the obligations set forth herein, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties. No alteration, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. The City Manager is authorized to enter into any amendments to this Agreement without any further action by the City Council. C. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this Agreement shall be in the Superior Court or U.S. District Court, as applicable, with jurisdiction over the County of Riverside. D. Independent Advice of Legal Counsel. Each party acknowledges that it had retained independent legal counsel of its own choice to review this Agreement and that prior to -6- 11086-015311499688v1.doc the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and is entering into this Agreement after such review. E. Validity of Agreement. All parties agree that this Agreement is legal, valid and binding on each party and enforceable in accordance with its terms. F. Binding on Successors. Except as further provided in this paragraph, this Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators. In the event that Parcel A revests in Winchester Hills I LLC, this Agreement shall automatically terminate upon the date of revesting and shall be of no further force and effect. G. Attorneys' Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it or they may be entitled. H. Time. Time is of the essence of this Agreement. I. Force Majeure Delays. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended only by the number of days the performance is delayed or prevented. J. Exhibits. The following Exhibits are attached hereto and incorporated herein by this reference as though set forth in full: Exhibit A Description of Parcel A Exhibit B Parcel A Fees To Be Reimbursed K. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of a party warrants and represents that he or she has the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder. -7- 11086-0153\1499688v1.doc IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney DB 11086-0153\1499688vl.doc -8- JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND GARTH L. BLUMENTHAL, EACH AS TO AN UNDIVIDED 50% INTEREST, AS TENANTS IN COMMON Fletcher Jo es, Manager GARTH L. BLUMENTHA , AN IN 1 IVIDUAL rth L. Blumenthal -9- 11086-0153\1499688v1.doc EXHIBIT A LEGAL DESCRIPTION OF PARCEL A PARCEL A: Parcel A (Mercedes Dealership, 10282 acres) is described as Lot B of Lot Line Adjustment No. PA07-0249 recorded on November 15, 2007 as Document No. 2007-0695987 in the Official Records of Riverside County. -10- 11086-0153\1499688v1.doc DRAFT: October 11, 2012 EXHIBIT B PARCEL A FEES TO BE REIMBURSED 60,000 Mercedes Dealership Parcel A (916-400-029) Analysis does not include utility connections Last revised: 10/31/12 ** fees are based on the current Fee Schedule and are subject to change Assumptions: 1.) Project vdll be constructed on a legal lot 2.) Project site has an improved street system 3.) Project site has been rough raded 4.) Some fees are calculated by project square footage, therefore minor fee adjustments may be necessary NOTE: If any of the above assumptions are not accurate, the estimated fee analyses eilt be adjusted. Site acreage: 10.28 acres Building = 60,000 sf Dealership Building 1.38 acres Landscape percentage 2.06 acres Hardscape 6.85 acres Estimated Earthwork quantity: 31,685 CY User Fees Development Planning fees Impact Fees Major Modification $ 6,221.00 Architectural Review $ 3,000.00 Environmental Determination $ 268.00 Conceptual Landscape Plan Review $ 780.00 Construction Landscape fees $ 4,954.00 Public Works fees Grading (Plan check and Inspection) $ 2,215.00 Onsite fees (Plan check & Inspection) (estimated Engineer's Cost estimate = $2,308,000) $ 151,269.00 Grading plan review for Planning $ 377.00 Grading plan review for Fire $ 11,644.00 WQMP review $ 1,427.00 Drainage Study (if needed) $ 2,117.00 Building and Safety fees Permit fees Plan check Strong Motion & SB1473 (Pass through fees for the State of Califomia) (valuation based) Building plans for Fire review (Plan check and inspection) Fire fees Sprinkler 300-700 (Plan check & Inspection)- 2 systems Alarm 51-100 (Plan check and inspection) Underground Combo System (Plan check & inspection) Hazardous Materials (Plan check & inspection) Spray booth (Plan check & inspection) Development Impact Fees: Land Use = Retail Commercial Street System Improvements component - No Fee per DA Traffic Signal and Traffic Control Systems component- No Fee per DA Corporate Facilities component at $0.248/ sf Fire Protection Facilities component at $0.048 / sf Police Facilities - No Fee per DA Art Public Places Fee - No Fee per DA Transportation Uniform Mitigation Fee (TUMF) No Fee per DA Stephen's Kangaroo Rat Fee (K -Rat) at $500 1 acre Multispecies Habitat Conservation Fee (MSHCP) No Fee per DA -11- $ 8,875.80 $ 5,917.20 $ 1,420.59 $ 3,458.00 $ 4,068.00 $ 2,041.00 $ 1,576.00 $ 1,504.00 $ 1,003.00 $ 14,880.00 $ 2,880.00 $ 5,140.00 Totals $ 214,135.59 $ 22,900.00 Grand Total $ 237,035.59 Item No. 8 Approvals City Attorney Chief Financial Officer City Manager Piie-r- go CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 13, 2012 SUBJECT: Purchase of Utility Compactor (Roller) PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve an agreement with Atlas Copco CMT USA LLC for the purchase of a Dynapac CC1200C Utility Compactor (Roller) for a total amount of $42,402.86. BACKGROUND: On September 12, 2012 the Public Works Department posted a Request for Quotes (RFQ) for the purchase of a utility compactor (rollers on the City of Temecula website). Six quotes were received, on or before the September 24, 2012 submission deadline. The solicitation included the City's local preference program, however it did not impact the award of this purchase as there was no local vendor within 5% of the lowest responsive submission. Final rankings are as follows: 1. Atlas Copco CMT USA LLC $42,402.86 2. Case Dealer Holding Company LLC $48,153.48 3. Volvo Rents $48,777.34 4. Scott Equipment $49,250.37 5. All Access Services $49,841.43 6. Johnson Machinery Company $50,250.60 Pursuant to the City's purchasing policy, staff recommends authorization of the purchase of a utility compactor from Atlas Copco CMT USA LLC. FISCAL IMPACT: State Gas Tax revenue funds will be utilized for this purchase. Utilizing State Gas Tax revenues for the utility compactor purchase will necessitate that it be used exclusively for City street and road purposes, including; asphalt repairs, concrete repairs, etc.; therefore the City intends to use this equipment strictly for these purposes. The purchase amount of the new equipment is included in the FY 2012-13 operating budget, in the appropriate expenditure account. ATTACHMENTS: Agreement AGREEMENT FOR PURCHASE OF EQUIPMENT BETWEEN CITY OF TEMECULA AND ATLAS COPCO CMT USA LLC UTILITY COMPACTOR (ROLLER) AND ZIEMAN MODEL 1150 TILT TYPE TRAILER THIS AGREEMENT is made and effective as of November 13, 2012, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Atlas Copco CMT USA LLC, a Corporation, (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 13, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City a Utility Compactor (Roller) and Zieman Model 1150 Tilt Type Trailer, as more particularly described in Exhibit A, Description of Equipment / Scope of Work (hereafter "Equipment"), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE PRICE The Purchase Price which City agrees to pay to Vendor for the Equipment is Forty Two Thousand Four Hundred Two Dollars and Eighty Six Cents ($42,402.86). The Purchase Price is final and shall be paid by City to Vendor within 30 days upon receipt of invoice. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment is in good operating condition, is free of any defects, and is in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. 1 Vendor is aware that City is purchasing the Equipment for used for City street and road purposes, including; asphalt repairs, concrete repairs etc. and that City is relying on the warranties of the Vendor that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the Equipment within 30 — 60 days of receipt of Purchase Order. 6. PLACE OF DELIVERY The Equipment shall be delivered to the following location: City of Temecula Field Operations Center, 43230 Business Park Drive, Temecula, CA 92590. 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 2 11. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: • Description of Equipment 1 Scope of Work (from the Request for Quote (RFQ), attached hereto as Exhibit A • Response/Quotation to the Request for Quote (RFQ), attached hereto as Exhibit B b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's response to the RFP. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. See Exhibit C. 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 3 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Vendor or Vendor's sub -Contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 4 Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 21. EFFECTS OF HEADINGS Atlas Copcp CMT USA LLC Attn: Jerry Hackett 2231 La Mirada Dr Vista, CA 92081 The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Atlas Copco CMT USA LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: Ray Hall, Regional Manager By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR Atlas Copco CMT USA LLC Contact Person: Jerry Hackett 2231 La Mirada Dr. Vista, CA 92081 Phone Number: (760) 207-2845 Jerry.hackett@us.atlascopco.com 6 PM Initials Q Date: Q EXHIBIT A GENERAL SPECIFICAITONS FOR: ONE (1) ZIEMAN MODEL 1150 - TILT TYPE TRAILER AND ONE (1) UTILITY COMPACTORS (ROLLERS) 7 SPECIFICATIONS FOR ONE (1) ZIIEMEN MODEL 1150 —TILT TYPE TRAILER 1. G,V.W.R. Approx. 10,000 lbs. SPE,1CIIFj1CATIoN: ; �, 1,NCLUli C ld YES/N0)7.ED� fan; Exhibit A 2. PAYLOAD CAPACITY 7,830 lbs. 3. TRAILER WEIGHT Approx. 2,200 lbs, 4. HITCH WEIGHT Approx. 800 lbs. required at MAXIMUM payload capacity. 5. OVERALL LENGTH 6. OVERALL WIDTH Approx. 20 feet, with std elec1riC brakers Approx, 20 feet , with surge brakers 7. TONGUE LENGTH 100 inches. Approx. 6 feet. X6 .s 8. DECK LENGTH 14 feet, 2'A inches (includes the length of approach plate). 9. DECK WIDTH 69 3/4 Inches 10. WIDTH BET. FENDERS 82 inches (71 3/4 inches between drawfrarne rails). 11. DECK HEIGHT 20 inches. (loaded) 12. HITCH HEIGHT 15" to 24" adj. in 3" increments (elect. brk) 20" to 26" (surge brk) 13. TELT ANGLE 12 degrees (21.2%). 14. DECKING 15. HITCH Wood, 2 x 12" Douglas fir, laid lengthwise 2-5/16" ball coupler or 2.5" I.D. Lunette eye, attached to a drilled plate with four 5/8" grade 8 bolts and grade C locknuts. 8 16. AXLES Two Hayes, 5,200 ib. rated each. 3" O.D. x'/s wall lube. 4" drop. ,AECI(ICATION ANC L.U,1P,�tE�U �reiSY SiNO) )1-. Exhibit A 17, BRAKES Standard: 12"x2" electric drum brakers. 18. TIRES Four ST 225/75R15 (D) 8 P.R. Tubeless, Radials. 19, WHEELS 20, SUSPENSION Four 15 x 6.00 DC, steel disc with 6 lugs yr c on a 5.1/2" diameter boll circle Hayes tandems -lea( slipper springs with Toad -equalizers. 12,000 Ib. rating. • y ' 21, TILT CYLINDER Two HYPOWER LC — 2510 w/#33 hole in piston. 22. TIE DOWN RINGS Two D -Rings per side. 5/8" diameter stock 23. HEADBOARD Four inch channel headboard y�S Ye c- 24. TOUGUE JACK Screw type, 5,000 Ib. swing -sway, 25. SAFETY CHAIN Two 5/16" High Test chain (grade 43) 26. ELECTRICAL PLUG 27. WARRANTY A,T.A. standard 6 • way Factory/dealer warranties will be furnished with vehicle upon delivery. 28. STRUCTUAL 29, LIGHTING 29. OWNERS MANUAL Steel, A — 36 Grade channel construction, 12 volt, to D.O.T. standards. Operators Manual will be furnished with Vehicle upon delivery. 30. REGISTRATION Exempt - Dealer to process all necessary DMV registration papers (No Charge for Exempt Regi'stralion). 9 YS Exhibit A SPECIFICATIONS FOR ONE (1) UTILITY COMPACTORS (ROLLERS) figiiiiI In sctttaTiaN :>.., .. SP �IFlCA'rlats INCLUDED {YESLN4i-: \i j COMNlI=NTS 6-00 /.. 1. MACHINE WEIGHTS Approx. 2,600kg (5,7301b) • 2. MACHINE DIMENSIONS Length: Approx. 95" Width: Approx, 51" Height: (lop of ROPS) Approx. 104" Drum Base: Approx. 68' Inside Turning Radius: Approx. 106" 911( 5D ` r 10 '-1' t r V'"? 1 rr 3. DRUM Double Drum Compactors Width: Approx. 47" Diameter: Approx. 28" l 4 :Deur-, _f)i- -LL '` 4. VIBRATION Hz I VPM Frequency: Approx. 55/67 (3,30014,000) Centrifugal Force: Approx. 40 kN 8992 Ib, ,3,-i / tf .2;0 5. PROPULSION Type: Closed -Loop Hydrostatic Drum Drive: Radial Piston Travel Speed: Approx. 6 - 6.2 mph VC' 6, ENGINE 3 -Cylinder Diesel Rated Power; Approx. 32 hp Electrical: 12 volts, 45 A Alternator Engine Tachometer, Fuel Indicator t4‘.) D l'70'.'-, 11.0- it . 5 P 1i1/4.w on- 7. LIGHT Work and Road Light Packages, Beacon Lights A�i}4t.a.Sl4--.. Y'�S 8. BRAKES Service: Hydro5talic Parking Secondary: Spring -applied, hydraulic release on each drum !` `� 9, WATER SYSTEM Type: Pressurized Nozzles: 4 per drum Filtration: Inlet and nozzle filtration Drum Wipers: Spring -Loaded, Self- Adjusting Urethane Wipers Wafer Tank Capacity: Approx. 68 gal a ,F•e2 rte, Yes Pet_ Da...), - , ,.map (filo .mn7e.5 u,,a1Tth1,+-)i"6 .- I. y 0s1,^ I r1.51,46. If a •- f.ATL. "9cL,�.v ill0{'`.-11,i..:ece '`:. De,, . We+ a. C.(t'..Ael.. 10 Exhibit A 3< `7.:n�••.: il.',tro'S:•cxJ''v.'Sn�i. x w t File Yx r.:�:j,�.•' ',S�e., .t fl i I rill h`KYY . COME�i ] '•a 10. MISCELLANEOUS Roll Over Protective Structure (ROPS) Sun Canopy. Coco Mats. Sliding Seat with Single Lever. 6 Sets of Keys, Back -Up Alarm, ,ik-•-S Yi` S• Y.0: 5(Ay iG,S, `�c``r' <:-104-7 co.. -1-i"--, 11. WARRANTY Factory/dealer warranties will be furnished with vehicle upon delivery. P, Yre.A-,`L-/ apUo {-{Q XL - 12. OWNERS MANUAL Operators Manual will be furnished with Vehicle upon delivery, "(.a 13 REGISTRATION Exempt - Deafer to process all necessary DMV registration papers (No Charge for Exempt Registration). s 11 VENDOR: • ADDRESS: ;,7:);-2> ( LA (V1 i(I(k1-.)/A . 4:2 PHONE/FAX: %(,, 599- 9-2-'1 9 7 Oro < ,<7�,-5'c. , / 0 `7 0 AUTHORIZED REPRESENTATIV (-17-(//177'%/4-/z'E'-' I SIGNATURE: <141 `-• ,'--",.- S'i.--`' ZIEMAN TRAILER MAKE: r_2A MODEL: //:�j) YEAR: I - COLOR: UTILITY COMPACTORS MAKE: ,1))2A/i4.-11C- COLOR: LJe MODEL: C_ (727)12 YEAR: h( Exhibit A COSTS STATED WITHIN THE UNIT SALES PRICE ARE ALL-INCLUSIVE FOR SPECIFICATIONS LISTED. SIGNING THIS PROPOSAL GUARANTEES DELIVERY WITHIN 30.60 DAYS OF RECEIPT OF PURCHASE ORDER. 12 EXHIBIT B RESPONSE/QUOTATION TO THE REQUEST FOR QUOTE (RFQ) Final rankings are as follows: 1. Atlas Copco CMT USA LLC $42,402.86 2. Case Dealer Holding Company LLC $48,153.48 3. Volvo Rents $48,777.34 4. Scott Equipment $49,250.37 5. All Access Services $49,841.43 6. Johnson Machinery Company $50,250.60 13 EXHIBIT C WARRANTY LIMITED 12 MONTH WARRANTY This ZIEMAN Equipment Trailer when purchased new is warranted by Ziernan Mfg. Company (the "manufacturer") to consumer to be free from defects In materials and workmanship under normal use and service for a period of twelve (12) months from the date of delivery. Manufacturer agrees within the warranty period to replace or repair, at manufacturer's option, without cost to the consumer, any part or parts, returned to the dealer from whom the Zieman Equipment Trailer was purchased, at the address Indicated below, with transportation charges prepaid, which manufacturer's examination shall disclose to have been defective. When it Is impractical and unreasonable for the consumer to send the defective part or bring the trailer to the original dealer, upon receipt of written notification of existence and nature of defect, the manufacturer shall arrange for service or repair of the defective part or trailer at manufacturers expense. In no event shall manufacturer be liable for transportation expenses or any expense other than the cost of service, repair or replacement in accordance with the provisions of this warranty. Misuse, neglect, accident or unauthorized repairs or alterations shall void this warranty. Tires aro not covered by this warranty as they are warranted by the particular manufacturer. As a condition of any replacement of, or refund far, merchandise covered under this warranty, any such product shall be made available to the manufacturer free and clear of liens and other • encumbrances. NO IMPLIED WARRANTYS OF ANY NATURE WHATSOEVER SHALL EXCEED THE DURATION OF THIS EXPRESS WARRANTY, IT BEING RECOGNIZED THAT THE SIX MONTH PERIOD FROM THE DATE OF DELIVERY IS A REASONABLE PERIOD FOR SUCH IMPLIED WARRANTS' TO EXTEND. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW 'LONG AN IMPLIED WARRANTY LASTS SO THIS LIMITATION MAY NOT APPLY TO YOU. THE MANUFACTURER SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY NATURE, AND MANUFACTURERS SOLE LIABILITY SHALL BE FOR REPLACEMENT OR REPAIR OF DEFECTIVE PARTS PURSUANT TO THIS WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Manufacturer will not be liable for commitments or agreements made by any of Its employees. agents or dealers not in compliance with the above warranty, This warranty, is expressly in lieu of any other express warranty. This warranty Is not valid and manufacturer shall not be obligated to replace or repair unless the accompanying customer warranty card has been properly filled out and mailed to Zieman Mfg. Company at the address indicated below at the time of purchase. Proper execution and return of this warranty card Is a condition precedent to warranty coverage and performance. This warranty gives you specific legal rights, and you may also have other rights which vary from • state to state. This warranty is limited to the original purchaser. ALL PAYLOAD RATINGS ARE AT 55+ M.P.H. Trailers are NOT shipped with BRAKE CAB CONTROL equipment. See the OPTIONAL EQUIPMENT section, or consult factory for information on specialized controllers. All payload ratings in this price list aro approximate, and will vary slightly with the actual finished trailer weight. Please see detail specifications for exact Gross Vehicle Weight Rating (GVWR). Trader payload capacity is defined as the GVWR less the actual trailer weight Please note that this payload capacity is a maximum to not be exceeded, and may only be achieved when the trailer Is carefully loaded so that the hitch bears its full rated load. Payload capacity will be reduced if the trailer is loaded such that the hitch bears less than its full rated loading. Care should also bo taken that moving the load back to reduce hitch weight does not overload the axles and tires. The certification tag on the trailer tongue lists the Gross Axle Weight Rating (GAWR), which Is the maximum total weight allowed on the axle/tires. Total axleltire weight allowed is the GAWR times the number of axles. The tag also lists the GVWR. The required hitch weight at full load it the difference of the GVWR and the sum of the GAWR's. Payload capacity will also be reduced by the addition of any options or changes that increase the trailer weight When selecting a trailer, always allow a capacity safety margin to account for non-uniform loading, growth In toad and accessories weight, and the multitude of other unforeseen circumstances that occur In equipment transportation. 14 EXHIBIT C WARRANTY Atlas Copco CMT USA LLC Warranty Policy 2011 (Atlas Copco CMT USA LLC here after "Atlas Copco") I. Standard Warranty Period on CMT Products: Unless otherwise specified, the normal Warranty Period for New Products shall be 12 months from date of delivery to the customer, or a maximum 18 months after the date of shipment from the respective Atlas Copco Product Divisions. a) Road Construction Equipment (RCE): o The earlier of twelve (12) months from initial operation, eighteen (18) months from date of shipment to, or the accumulation of fifteen hundred (1,500) engine hours, whichever shall occur first. o Stock units not commissioned within the 12-18 month terms, must meet the specifics of the factory recertification routines for the warranty period to be reset. b) New Genuine Spare Parts: o Atlas Copco Genuine parts sold and mounted on a product by a CMT Customer Center or a qualifed representative are covered by a warranty period of six (6) months or the first one thousand (1000) engine hours in service, or 12 months from the original CMT USA Invoice Date, whichever shall occur first. n WEAR PARTS are excluded from this Warranty. DC electrical components purchased by customers are warranted for 30 days from date of initial use, or three (3) months from date of delivery, whichever occurs first unless clearly specified otherwise in an Extended Limited Warranty program. • AC Electrical parts are not warranted. o Component kits built for special applications will be warranted for the standard replacement parts term, or as specified in the equipment purchase contract. o Warranty will be reimbursed for the cost of the part and labor to remove and replace the specific item claimed. II. Rebuilt Component Warranty (Local CMT Stores & CMT Rebuild Center): o Atlas Copco Genuine parts sold and mounted on a product by a CMT Customer Center or a qualified representative are covered by a warranty period of six (6) months unlimited engine hours or 12 months from the original CMT USA Invoice Date, which ever shall occur first. o Rotary Head; Six (6) months, unlimited hours. • Air End; Twelve (12) months, unlimited hours. o WEAR PARTS are excluded from this Warranty. • These terms apply to components including but not limited to pumps, motors, cylinders, rotary heads, compressor air ends, and drive train components. o Installation, use, and maintenance of CMT Service Exchange/ Remanufacturing Center Components MUST follow published O.E.M. instructions. Component failures due to non approved maintenance or installation practices will void any Warranty consideration. III. Used Components and Surplus Parts: o These items are sold with no warranty, implied or other. n Used Components are designated by a "UC" suffix, Surplus Parts are designated by an "SP" suffix added to the original Genuine Spare Part number. IV. Service Workshop Warranty: o All component repairs are warranted for thirty (30) days from date of repair. • All complete machine rebuilds are warranted for the earlier of six (6) months, or one thousand (1,000) engine hours, or by the terms set forth in writing within the sales contract. Atlas Copco Construction and Mining USA, LLC 1 3700 E 68' Avenue Telephone: Fax: Commerce City, CO 80022 800-732-6762 303-288-8828 15 01-01/2011 EXHIBIT C WARRANTY Atlas Copco CMT USA LLC Warranty Policy 2011 (Atlas Copco CMT USA LLC here after "Atlas Copco") V. Extended Limited Warranty Terms: o Extended Limited Warranty is available and managed by Atlas Copco, and can be purchased with the sale of a machine, or during the Standard Product Warranty Period. o All Extended Limited Warranty Agreements must be indicated and appropriately priced on the machine invoice. Agreed Extended Warranty Terms and Conditions must be clear to all parties. o An Extended Limited Warranty Agreement purchased while a machine is within the Standard Product Warranty period, is subject to inspection by an authorized Atlas Copco Service representative for validation. The Extended Limited Warranty Agreement will be invoiced separately from the machine in this case. Extended Limited Warranties will only recognize use of OEM Atlas Copco/ Dynapac purchased filters, fluids and spare parts. Use of non OEM components and consumables (fluids) will result in Warranty Claim dental. o Please contact your Atlas Copco Sales Representative for Extended Limited Warranty Agreement details. o Extended Engine Warranties are available. Please contact your Atlas Copco Sales Representative for details. VI Plus 12, Plus 24 Month Full Extended Limited Warranty Specifics: o All Plus 12, 24, 36, 48 month Warranty Plans are exclusive to the original purchaser of the Product, and cannot be transferred with the product if sold to a third party, nor can the Plus Plan be transferred to other equipment. o All Plus Plans reflect the terms published in this document. o All Plus Plans are exclusive to Diesel powered products. 0 a) Plus 12 Full Extended Limited Warranty One (1) additional year or a total of Two Thousand (2000) engine hours, which ever occurs first, Terms are as published in this document. b) Plus 24 Full Extended Limited Warranty Two (2) additional years or a total of Three Thousand (3000) engine hours, which ever occurs first. Terms are as published in this document. VII Plus 12, Plus 24, Plus 36, Plus 48 Month Extended Limited Major Component and Power Train Warranty. o Engine — All internal Parts (excluding extemal lines and hoses), Engine electronic controls. o Fuel Systems — Fuel transfer pump, fuel injection pump, fuel injection valve/ nozzle, fuel injection lines and unit injectors. Governor group. o Air induction and exhaust system — Piping from the turbocharger to the intake manifold, exhaust manifold. turbocharger including controls. After -cooler/ Intercooler group. o Cooling System — Fan group, belt tighteners, fan assembly, fan drive assembly, hydraulic fan motor and hydraulic fan pump. Water pump including the drive group. Engine oil cooler, transmission oil cooler and hydraulic oil cooler on hydrostatically driven units only. Thermostat/ water temperature regulator. o Transmission — Torque converter group, Power Shift Transmission including hydraulic and electronic controls, Transmission pump, Pump drive, Oil filter base. Transfer gear group excluding parking brake. Hydrostatic Transmission including control valves, main hydraulic pump, pump drive, drive motors and all high pressure lines from the pumps to drive motors. Charge pump. Countershaft Transmission including clutch group, pumps and controls. o Axles — Wet brakes, planetary gears, differential and housing. Atlas Copco Construction and Mining USA, LLC 2 3700 E 68" Avenue Telephone: Fax: Commerce City, CO 80022 800.732.6762 303-288-8828 16 01-01/2011 EXHIBIT C WARRANTY Atlas Copco CMT USA LLC Warranty Policy 2011 (Atlas Copco CMT USA LLC here after "Atlas Copco") o Vibratory Components — Vibratory control valve group, drum selector valve group and vibratory cooling valve group. Vibratory pump, motor and charge pump. Vibratory mechanism, hydraulic pump and motor, hydraulic valves, eccentric weight, shaft, u -joints, bearings. o Electrical — Central processing units, Electronic control modules. VIII Non Warrantable Items: The following items are "not" considered as warrantable items, and are excluded from any warranty, either expressed or implied, by Atlas Copco: 1. Fuel, hydraulic and lubricating oil, grease and anti -freeze. Air, fuel, hydraulic oil and lubricating oil filter elements. 2. The replacement of hydraulic pumps, motors and cylinders when the failure could have been repaired by the replacement of a seal or seal kit. 3. Hoses, fittings, seals and other replacement parts as the result of normal use or wear, 4. Deterioration of parts such as rubber goods or components affected as result of corrosion. 5. Rock drill/ Drifter warranty does not cover seals, shanks, aligners, chuck/driver, front head components, accumulator diaphragms, or other common maintenance or components. Does not cover damage as a result of improper system settings or use. 6. Failure of attachments not manufactured or supplied by Atlas Copco. 7. Failures and progressive damage resulting from the use of a non -Atlas Copco approved part or consumable. 8. Failures resulting from improper application, operation and maintenance or repair practices. 9. Damage resulting from negligence, accidents, or intentional misuse. 10. Towing, hauling loading and unloading costs. 11. Loss or damage caused by carrier. 12. Repairs required as the result of improper handling, storage or protection by a Distributor, Company Store or Customer. 13. Distributor, Company Store or Customer workmanship. 14. Down time, lost production costs, lost profits or any other consequential damage and costs. 15. Cost of renting, leasing and/or transporting a back-up unit. 16. Telephone or other communication expenses. 17. Preventative maintenance or operating services, including but not limited to adjustments and inspections. 18. Freight costs will not be considered as a Warranty expense. Freight charges wit only be agreed to if prior agreements with Atlas Copco justify this consideration. 19. Force Majeure. 20. Batteries 21. Tires and Tubes. IX Vendor Components Not Warranted By Atlas Copco: Vendor components which are warranted direct to the user -purchaser by the manufacturer, including but not limited to the following items, and excluding Service Exchange, are not warranted by Atlas Copco: 1. Engines (Engine warranty reverts to the warranty policy & terms of the engine OEM) unless specified in an Extended Limited Warranty Program. 2. Starters, Generators / Alternators, Regulators, and AC voltage components 3. Truck Chassis on Drilling machines (CCC, International, Peterbuilt etc) 4. Batteries (other than Atlas Copco) 5. Tires, tubes 6. Automatic Transmissions, excluding Dana products 7. Shock Subs or Floating Subs (ACDS Only) 8. Other soft goods not manufactured by the Seller or its affiliates. Failures of these components are to be directed to the respective manufacturer's local service provider. Atlas Copco Construction and Mining USA, LLC 3 3700 E 68''' Avenue Telephone: Fax: Commerce City, CO 80022 800-732-6762 303-288-8828 17 01-01/2011 EXHIBIT C WARRANTY Atlas Copco CMT USA LLC Warranty Policy 2011 (Atlas Copco CMT USA LLC here after "Atlas Copco") X Warranty claim requirements: o Machines (new & used) sold to market must be registered with Atlas Copco via Machines On Line o Warranty claims must be submitted correctly to Atlas Copco within 30 days of completing the repair. Warranty claim submission can be extended up to 60 days only with prior agreement with Atlas Copco. o Only one Service activity permitted per Warranty claim. o Machine Warranty period must not be expired. (Product Safety and Liability cases are excluded) o Warranty claims must be fled via Warranty On -Line. o Digital pictures must be included with each Warranty claim submitted, clearly showing the failed part or component. o When requested, Atlas Copco invoices supporting parts purchases or other must be provided. o Outside purchase(s) or service(s) invoices must be attached to the Warranty claim. o Travel expense(s) claimed, must be within the primary area of responsibility, utilizing the closest Service facility. Any additional travel expenses will only be agreed to if prior agreement with Atlas Copco justifies this consideration. XI Contested Claims Procedure Requests for reconsideration must be submitted in writing to the Warranty Department at Atlas Copco. This must be done within thirty (30) days from the date of the Warranty claim disposition notice, or the claim will not be eligible for reconsideration. XII Disposition of Warranty Material o All parts and components must be tagged for identification and stored in such a manner as to prevent future damage should the part or component be needed for examination. o Warranty will not be considered on parts or components damaged during storage or shipment, or parts not returned as requested. o All parts or components on which a Warranty claim has been entered must be retained for sixty (60) days after the Warranty claim settlement date. After a period of sixty (60) days, the part must be destroyed and photographic evidence provided. Atlas Copco Construction and Mining USA, LLC 3700 E 68" Avenue Telephone: Fax: Commerce City, CO 80022 800-732-6762 303-288-8828 18 01-01/201'1 EXHIBIT C WARRANTY Atlas Copco CMT USA LLC Warranty Policy 2011 (Atlas Copco CMT USA LLC here after "Atlas Copco") Standard Product Warranty Terms and Conditions Atlas Copco CMT USA LLC (hereafter "Atlas Copco"), through its Sales channels, warrants each Atlas Copco manufactured item delivered to the Initial user to be free of defects in material and workmanship for a period equal to the terms listed above "Standard Product Warranty Periods", except as otherwise set forth herein. Atlas Copco will provide a new part or repaired part, at its election, in place of any part, which is found upon its inspection by Atlas Copco to be defective in material or workmanship during the period described above. Assemblies and components are included within this warranty, but machines will not be considered defective as units, and replacement will be limited to the "individual part" proven defective. Such a part will be repa'red or replaced without charge to the initial user during normal working hours at Atlas Copco s place of business or an Atlas Copco distributor authorized to sell the type of equipment involved or other establishments authorized by Alias Copco. User must present proof of purchase and date of purchase at the time of exercising warranty. Serial and Model numbers of components claimed for Warranty reimbursement must be included on the respective Warranty claims. This warranty does not apply to failures occurring as a result of abuse, misuse, negligent repairs, corrosion, erosion and normal wear and tear, or alteration; modifications made to the product without express written consent of Atlas Copco; or failure to follow the recommended operation practices and maintenance procedures, as provided in the products operating and maintenance publications. Accessories or equipment furnished by Atlas Copco, but manufactured by others, including but not limited to, engines, tires, batteries, engine electrical equipment, hydraulic transmissions and carriers, shall be warranted directly by the manufacturer. No warranty, either expressed or Implied, Is provided by Atlas Copco on any such vendor components, accessories, or equipment manufactured by others. The warranty of components or parts thereof on new equipment is limited to the warranty time line of the equipment. All warranties shall be considered null and void if unauthorized parts (non Atlas Copco parts) are used or unauthorized repairs or modifications are made to the warranted products. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS (EXCEPT OF TITLE), EXPRESSED OR IMPLIED AND THERE ARE NOT WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE OBLIGATION TO REPAIR OR REPLACE SHALL BE THE PURCHASERS SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY. Limitation of Liability The remedies of the user set forth under the provisions of warranty outlined above are exclusive and the total liability of Atlas Copco or its distributors with respect to this sale or the equipment and service furnished hereunder, in connection with the performance or breach thereof, or from the sale, delivery, installation, repair or technical direction covered by or fumished under this sale whether based on contract, warranty, negligence, indemnity, strict liability or otherwise shall not exceed the purchase price of the unit of equipment upon which such liability is based. Atlas Copco, its supplier(s) and its distributors shall In no event be liable to the user, any successors in interest or any beneficiary or assignee relating to this sale for any consequential, incidental, indirect, special or punitive damages arising out of this sale or any breach thereof, or any defects in, or failure of, or malfunction of the equipment under this sale whether based upon loss of use, lost profits or revenue, Interest, lost goodwill or reputation, work stoppage, impairment of other goods, loss by reason of shutdown, downtime costs, energy costs, loss of opportunity, lost business, cost of financing, waste of time management or labor, damages (liquidated or otherwise) under contracts with others, penalties, fines, loss of use or development of resources, or non -operation, increased expenses of operation of the equipment, cost of purchase of replacement power or claims of users or customers of the user for service interruption whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise. Atlas Copco Construction and Mining USA, LLC 5 3700E 68" Avenue Commerce City, CO 80022 Telephone: 800-732-6762 19 Fax: 303-288-8828 01-01/2011 EXHIBIT C WARRANTY Atlas Copco CMT USA LLC Warranty Policy 2011 (Atlas Copco CMT USA LLC here after "Atlas Copco") Standard Product Warranty Terms and Conditions Atlas Copco CMT USA LLC (hereafter "Atlas Copco"), through its Sales channels, warrants each Atlas Copco manufactured item delivered to the Initial user to be free of defects in material and workmanship for a period equal to the terms listed above "Standard Product Warranty Periods", except as otherwise set forth herein. Atlas Copco will provide a new part or repaired part, at its election, in place of any part, which is found upon its inspection by Atlas Copco to be defective In material or workmanship during the period described above. Assemblies and components are included within thls warranty, but machines will not be considered defective as units, and replacement will be limited to the "individual part" proven defective. Such a part will be repa'red or replaced without charge to the initial user during normal working hours at Atlas Copco's place of business or an Atlas Copco distributor authorized to sell the type of equipment involved or other establishments authorized by Atlas Copco. User must present proof of purchase and date of purchase at the time of exercising warranty. Serial and Model numbers of components claimed for Warranty reimbursement must be included on the respective Warranty claims. This warranty does not apply to failures occurring as a result of abuse, misuse, negligent repairs, corrosion, erosion and normal wear and tear, or alteration; modifications made to the product without express written consent of Atlas Copco; or failure to follow the recommended operation practices and maintenance procedures, as provided In the products operating and maintenance publications. Accessories or equipment furnished by Atlas Copco, but manufactured by others, including but not limited to, engines, tires, batteries, engine electrical equipment, hydraulic transmissions and carriers, shall be warranted directly by the manufacturer. No warranty, either expressed or implied, is provided by Atlas Copco on any such vendor components, accessories, or equipment manufactured by others. The warranty of components or parts thereof on new equipment is limited to the warranty time line of the equipment. All warranties shall be considered null and void if unauthorized parts (non Atlas Copco parts) are used or unauthorized repairs or modifications are made to the warranted products. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS (EXCEPT OF TITLE), EXPRESSED OR IMPLIED AND THERE ARE NOT WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE OBLIGATION TO REPAIR OR REPLACE SHALL BE THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY. Limitation of Liability The remedies of the user set forth under the provisions of warranty outlined above are exclusive and the total liability of Atlas Copco or its distributors with respect to this sale or the equipment and service furnished hereunder, in connection with the performance or breach thereof, or from the sale, delivery, installation, repair or technical direction covered by or furnished under this sale whether based on contract, warranty, negligence, indemnity, strict liability or otherwise shall not exceed the purchase price of the unit of equipment upon which such liability is based. Atlas Copco, its supplier(s) and its distributors shall in no event be liable to the user, any successors in interest or any beneficiary or assignee relating to this sale for any consequential, incidental, indirect, special or punitive damages arising out of this sale or any breach thereof, or any defects in, or failure of, or malfunction of the equipment under this sale whether based upon loss of use, lost profits or revenue, interest, lost goodwill or reputation, work stoppage, impairment of other goods, loss by reason of shutdown, downtime costs, energy costs, loss of opportunity, lost business, cost of financing, waste of time management or labor, damages (liquidated or otherwise) under contracts with others, penalties, fines, loss of use or development of resources, or non -operation, increased expenses of operation of the equipment, cost of purchase of replacement power or claims of users or customers of the user for service interruption whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise. Atlas Copco Construction and Mining USA, LLC 5 3700E 68" Avenue Commerce City, CO 80022 Telephone: Fax: 800-732-6762 303-288-8828 20 01-01/2011 Item No. 9 Approvals City Attorney Chief Financial Officer City Manager Mr - go CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 13, 2012 SUBJECT: Graffiti Abatement Restitution Rates PREPARED BY: Beryl Yasinosky, Management Analyst Julie Dauer, Sr. CIP Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING RESTITUTION RATES FOR GRAFFITI ABATEMENT PROGRAM COSTS AND EXPENSES BACKGROUND: Pursuant to Chapter 9.08 of the City's Municipal Code, persons responsible for placing graffiti (or their parents or guardians) are responsible for reimbursing the City for the reasonable cost of graffiti removal. This is especially important when the City is seeking restitution as a condition of probation for someone found guilty of writing graffiti, or when the City seeks reimbursement for the removal of graffiti from private property. Public Works recently completed a time and materials study based on the current costs of staff, materials and equipment to arrive at a recommended "cost recovery" amount for the removal of graffiti from public and private property. As shown on the attached Itemized Cost Analysis, a "minimum graffiti removal rate" of $213.38 is proposed for areas of 50 square feet or less, which represents most of the City's graffiti abatement actions. For areas larger than 50 square feet, we calculated a cost of $4.68 per square foot by dividing the minimum fee by 50 ($213.38 = 50 = $4.68 per square foot). Additional costs are proposed if the use of a pressure washer or boom truck is necessary to remove and/or reach the graffiti. All cost factors in preparing this analysis were based on the City's current operating budget, personnel costs, administrative and overhead projections and Caltrans equipment rental rates. Staff and equipment time was factored at 1.5 hours, or the estimated time it takes for a Maintenance Division crew to respond to the site, setup the necessary equipment, remove the graffiti, clean the equipment and return to the Maintenance Facility. The attached Resolution also provides authority for the City Manager to adjust the cost of graffiti removal based on changes in employee salaries and benefits, overhead costs, and equipment rental rates. In the event the City removes graffiti through a contract service, the City shall recover all contractor costs plus an administrative fee of 15% of the cost of the service. FISCAL IMPACT: The City will be able to recover a portion of the total costs associated with graffiti removal by establishing and maintaining current restitution/ reimbursement rates, and to provide direction to law enforcement and the court system relating to graffiti abatement program costs and expenses. No additional costs will be incurred by the City as a result of this approval. ATTACHMENTS: 1. Resolution No. 12- 2. Attachment A; Graffiti Removal - Itemized Cost Analysis RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING RESTITUTION RATES FOR GRAFFITI ABATEMENT PROGRAM COSTS AND EXPENSES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Chapter 9.08; Graffiti, of the Temecula Municipal Code, each person who placed graffiti, as well as the custodial parents or guardian of any minor who placed graffiti, are responsible to reimburse the City for the costs of removing the graffiti. Section 2. The City desires to establish restitution and reimbursement rates for graffiti abatement program costs and expenses for purposes of recovering the reasonable costs associated with graffiti removal from public and private property, and to provide direction to law enforcement and the court system relating to graffiti abatement program costs and expenses. Section 3. The City conducted a time and materials study based on the most current personnel, administrative, overhead, materials and equipment costs to arrive at a recommended "cost recovery" amount for the removal of graffiti. Section 4. The Graffiti Removal — Itemized Cost Analysis set forth in Attachment A of this Resolution identifies the reasonable costs of services, materials and equipment provided by the City in connection with the removal of graffiti on public and private property. Section 5. The City Council hereby approves the Grafitti Removal Rates set forth in Attachment A to this Resolution, incorporated herein as though set forth in full. Section 6. The City Manager shall have the authority to adjust these costs of graffiti removal based on changes in the salary and benefits of City employees, materials and equipment rental rates. Section 7. In the event the City removes graffiti through a contract with a graffiti removal provider, the City shall recover the actual costs of the graffiti removal by the contractor, plus an administrative fee of 15% of the cost of this service. Section 8. The rates listed in Attachment A shall be effective upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Attachment A Graffiti Removal - Itemized Cost Analysis FY 2012-13 Cost of Graffiti Removal of 1 - 50 square feet Description of Cost Staff or Equipment Time (hours) Hourly Rate Other Costs Total Comments Staff Travel/Set-up /Documentation Lead Maintenance Worker 1.00 $ 48.92 $ 48.92 FY 2012-13 Wage/Benefit rates Maintenance Worker 1.00 $ 42.45 $ 42.45 Staff Removal Time Lead Maintenance Worker 0.50 $ 48.92 $ 24.46 Maintenance Worker 0.50 $ 42.45 $ 21.23 Materials/Equipment Paint, Brushes, Rollers, etc. $ 7.70 $ 7.70 Vehicle F-550 1.50 $ 30.70 $ 46.05 Caltrans Rental Rates 2012-13 Public Works Supervision Maintenance Superintendent 0.08 $ 88.51 $ 7.35 Clerical Admin Support Sr. Office Specialist 0.25 $ 39.81 $ 9.95 Updates Graffiti software with field information for Police Dept Field Operations Center Overhead {2) Employees @ 1.5 hrs. 3.00 $ 1.76 $ 5.28 Minimum cost per location $ 213.38 *Minimum Graffiti Removal Rate with Extra Equipment G MC 5500 Truck 1.50 $ 30.70 $ 46.05 Caltrans Rental Rates 2012-13 Attached Boom 1.50 $ 34.10 $ 51.15 Caltrans Rental Rates 2012-13 Pressure Washer 1.50 $ 2.62 $ 3.93 Caltrans Rental Rates 2012-13 Minimum cost per location $ 314.51 **Minimum Graffiti Removal Rate with Extra Equipment *COST FOR GRAFFITI REMOVAL AREAS GREATER THAN 50 SQUARE FEET (without Extra Equipment) = $4.68/SF **COST FOR GRAFFITI REMOVAL AREAS GREATER THAN 50 SQUARE FEET (with Extra Equipment) = $6.29/SF Note: a. Staffing costs include Hourly Rate of Pay, Benefits, and Administrative Support Costs of 14.3% for PW Maintenance Division pursuant to City's 2010 Fee Study. Administrative Support Costs applied to FY 2012/13 hourly wage rates only. b. Facility Operations Center Overhead is based on FY 2012/13 Facilities Operations Ctr budget ($84,337) divided by number of full-time staff and hours (23 x 2,080 = 47,840 hours) _ $1.76 per hour/per employee. Item No. 10 Approvals City Attorney Chief Financial Officer City Manager M -r - ??1P) r -o CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 13, 2012 SUBJECT: Grants of Easement and Access Easement to Rancho California Water District for Installation of a Groundwater Monitoring Well (located within Temecula Creek Trail Park) PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT AND A GRANT OF ACCESS EASEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL LOCATED WITHIN TEMECULA CREEK TRAIL PARK 2. Direct the City Clerk to forward the approved Grants of Easement and Access Easement to Rancho California Water District for their acceptance and recordation. BACKGROUND: On April 24, 2012, City Council adopted a resolution that granted an access easement across Temecula Creek Trail Park to a proposed Rancho California Water District (RCWD) well site located adjacent to the park (on private property). Subsequently, it was determined that a well site easement would not be granted to RCWD by the private owner. As a result, RCWD is now requesting easements for a proposed well location within the City park. RCWD, on behalf of the United States Geological Survey (USGS), is proposing to install a groundwater monitoring well within Temecula Creek Trail Park (at the northerly boundary of the park) for the purpose of monitoring long-term water quality within the Temecula Valley. The well will be part of a valley -wide network that will provide improved geologic understanding, water -quality data and real-time water -level monitoring to aid local government agencies in the management of water resources. The well will be operated and maintained by the USGS. In order to access the well site in perpetuity, RCWD will need certain easements granted to them from the City for both the installation of the well and for future access rights to cross the park site. The Access Easement (approximately 20 feet in width from Butterfield Stage Road to the well) will provide RCWD with entry rights, across the city park, to periodically access the well. Where proposed "access easement" areas are located over existing turf, RCWD will install a plastic -type turf protection product that will safeguard the turf from vehicle loads, but will also allow turf to grow through it. The two attached easements represent revisions to the previously recorded easements (per City Council meeting dated April 24, 2012) that will now allow access to a well located within city property. The City has granted similar easements to RCWD within Pala Community Park in 2006. The USGS has completed hundreds of wells in similar park settings throughout southern California. The well will need to be in use for 40+ years and will be accessed occasionally; perhaps, as often as monthly to retrieve data from loggers installed in the vault that will house the well head. Public Works' Parks and Landscape Maintenance Division has concurred and agreed that the proposed location of the well site is appropriate and would not adversely impact use and/or maintenance of the park. Approval by City Council of the attached documents will grant a well site easement and an access easement with perpetual right-of-way to RCWD to access and utilize the above-mentioned groundwater monitoring well located within Temecula Creek Trail Park. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 12- 2. Grant of Easement with Legal Description (Exhibit "A") and Plat (Exhibit "B") 3. Grant of Access Easement with Legal Description (Exhibit "A") and Plat (Exhibit "B") RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT AND A GRANT OF ACCESS EASEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL LOCATED WITHIN TEMECULA CREEK TRAIL PARK THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Rancho California Water District ("RCWD"), on behalf of the United States Geological Survey (`USGS'), has proposed the installation of a groundwater monitoring well within the City's Temecula Creek Trail Park ("Park"); and WHEREAS, a monitoring well, located within the Temecula Creek Trail Park, will provide the ability for USGS to monitor long-term water quality, real-time water -levels and to aid local government agencies in management of water resources within the Temecula Valley; and WHEREAS, RCWD requires a Grant of Easement and a Grant of Access Easement from the City in order to construct and access said monitoring well located within the Park boundary; and WHEREAS, the City Council of the City of Temecula hereby desires to grant to RCWD a Grant of Easement and Grant of Access Easement to construct and access the monitoring well site described in Exhibit "A" and shown in Exhibit "B" of said easements attached hereto. THEREFORE, BE IT RESOLVED, that the City Council approved the `Grant of Easement' and `Grant of Access Easement' attached hereto and authorizes the Mayor to execute the two easements on behalf of the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RECORDING REQUESTED BY RANCHO CALIFORNIA WATER DISTRICT AFTER RECORDATION RETURN To: RANCHO CALIFORNIA WATER DISTRICT 42135 WINCHESTER ROAD POST OFFICE Box 9017 TEMECULA, CA 92589-9017 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged, City of Temecula, a Municipal Corporation Hereby GRANT(S) to RANCHO CALIFORNIA WATER DISTRCIT, a public corporation, a perpetual non-exclusive easement and right-of-way for a monitoring well, together with incidental appurtenances, connections, and structures in, over, under, upon, along, through, and across the real property situated in the County of Riverside, State of California, hereinafter described: See Exhibits "A" and "B", Attached and Made a Part Hereof Together with the right to grade and improve said right-of-way and to enter upon and to pass and re pass over and along said strip of land for the construction, operation, and maintenance of the facilities to be constructed in said easements by the RANCHO CALIFORNIA WATER DISTRICT. It is understood and agreed that the easements and rights-of-way acquired herein are subject to the right of the owner, his successors and assigns, to use the surface of the land within the boundary lines of said easements and rights-of-way to the extent that such use is compatible with the full and free exercise of said easements and rights-of-way by the RANCHO CALIFORNIA WATER DISTRICT; provided however, that no fences, block walls, structures, or other improvements shall be constructed upon, over, and along said easements and rights-of-way without first obtaining the written consent of the RANCHO CALIFORNIA WATER DISTRICT. No additional fill and/or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from the cover of said well after construction, without first obtaining the written approval of the RANCHO CALIFORNIA WATER DISTRICT. IN WITNESS WHEREOF, this instrument has been executed this day of , 2012 CERTIFICATE OF ACCEPTANCE CITY OF TEMECULA This is to certify that the interest in real property conveyed by deed or grant dated , 2012 from the By: CITY OF TEMECULA to Rancho California Water District, Chuck Washington, Mayor a public agency and subdivision in the Sate of California, is hereby accepted by order of the undersigned officer on ATTEST: behalf of the Board of Directors pursuant to the authority conferred by Resolution No. 2004-5-2 of the Board of By: Directors adopted on May 13, 2004 and the grantee Susan W. Jones, MMC, City Clerk consents to recordation thereof by its duly authorized officer Approved As To Form: By: Peter M. Thorson, City Attorney EXHIBIT "A" WELL EASEMENT That certain parcel of land situated in the County of Riverside, State of California, being a portion of Lot 16 of Tract No. 29432 recorded in Book 308 pages 59 through 68 of Maps, as adjusted by Lot Line Adjustment No. 4463, recorded June 13, 2002 as Instrument No. 323116, records of Riverside County California more particularly described as follows: COMMENCING at a point in the westerly boundary of Lot 2 of the aforementioned Tract No. 29432, said point lying on the northerly right-of-way of Butterfield Stage Road, 50.00 foot half - width, said right-of-way being a curve concave northeasterly having a radius of 1950.00 feet, a radial line to the beginning of said curve bears S.57°48'02"W.; Thence northwesterly along the arc, through a central angle of 05°43'21", a distance of 194.76 feet; Thence departing said curve northeasterly along the northerly property line of that parcel of land vested in the County of Riverside, on behalf of County Service Area NO. 143, per deed recorded April 15, 2003 instrument number 2003-263648 official records of Riverside County recorder, N.64°04'47"E., a distance of 30.33 feet; Thence East, a distance of 15.28 feet to a point of curve to the left having a radius of 16.68 feet and a central angle of 64°42'34"; Thence northeasterly along the arc a distance of 18.84 feet; Thence N.18°42'45"E., a distance of 34.59 feet; Thence N.65°23'17"W., a distance of 14.26 feet to a point of curve to the right having a radius of 20.71 feet and a central angle of 89°41'51"; Thence northerly along the arc a distance of 32.42 feet to a point of compound curve to the right having a radius of 22.95 feet and a central angle of 60°00'39"; Thence northeasterly along the arc, a distance of 24.04 feet; Thence S.89°18'22"E., a distance of 42.72 feet to a point of curve to the right having a radius of 36.51 feet and a central angle of 19°28'25"; Page 1 of 2 EXHIBIT "A" WELL EASEMENT Thence easterly along the arc a distance of 12.41 feet; Thence S.66°13'52"E., a distance of 16.30 feet to the TRUE POINT OF BEGINNING; Thence continuing on said bearing, a distance of 7.00 feet; Thence southwesterly departing said northerly property line of that parcel of land vested in the County of Riverside, S.23°46'08"W., a distance of 5.00 feet; Thence northwesterly N.66°13'52"W., a distance of 7.00 feet; Thence northeasterly to said northerly property line of that parcel of land vested in the County of Riverside, N.23°46'08"E., a distance of 5.00 feet to the TRUE POINT OF BEGINNING. Containing 35.00 square feet, more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. This Description was prepared by me Or under my direction: Rudy E. Nunez ' ��'.L.S. PLS No. 7394. 12/31/13, September 21, 2012 S,� LAND S�\ ;f( E N�2`nc NO. 7394 * Exp. 12/31/2q13* sj,9ieor CA��F Page 2 of 2 \P, SHEET 1 OF 2 EXHIBIT 13" NORTHERLY DEED WELL EASEMENT LINE RECORDED APRIL 15,2003 INST. NO. 2003-263648 OFFICIAL RECORDS PJri7lON O Lo -r 5 7r,Ar7 20432 MB 30s/6s-5s \Ca \ �. T'e col \\10 SD SOUTHERLY DEED LINE AS RECORDED APRIL 15, 2003 INST. NO. 2003-263648 OFFICIAL RECORDS PREPARED UNDER THE SUPERVISION OF: RUDY E. NUN L.S. 7394 9 /12 NOTE: SEE SHEET 2 FOR CURVE AND LINE INFORMATION poF FioN OF L o7 2 02 Sb LEGEND SCALE: 1 "=40' TPOB = TRUE POINT OF BEGINNING POB = POINT OF BEGINNING PROPOSED EASEMENT AREA EXHIBIT 7'B" WELL EASEMENT PROPERTY LINE DATA O DELTA/BRG RADIUS LENGTH 1 L= 05°43'21" 1950.00' 194.76' 2 N64°04'47"E -- 30.33' 3 N90°00'00"E -- 15.28' 4 0= 64°42'34" 16.68' 18.84' 5 N18°42'45"E -- 34.59' 6 N65°23'17"W -- 14.26' 7 0= 89°41'51" 20.71' 32.42' 8 0= 60°00'39" 22.95' 24.04' 9 S89°18'22"E -- 42.72' 10 0= 19°28'25" 36.51' 12.41' 11 S66°13'52"E -- 16.30' 12 S66°13'52"E -- 7.00' 13 S23°46'08"W -- 5.00' 14 N66°13'52"W -- 7.00' 5.00' - 15 N23°46'08"E -- PREPARED UNDER THE SUPERVISION OF: SHEET 2 OF 2 RECORDING REQUESTED BY RANCHO CALIFORNIA WATER DISTRICT AFTER RECORDATION RETURN To: RANCHO CALIFORNIA WATER DISTRICT 42135 WINCHESTER ROAD POST OFFICE BOX 9017 TEMECULA, CA 92589-9017 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE GRANT OF ACCESS EASEMENT FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged, City of Temecula, a Municipal Corporation Hereby GRANT(S) to RANCHO CALIFORNIA WATER DISTRCIT, a public corporation, a perpetual non-exclusive access easement and right-of-way over, upon, along, through, and across the real property situated in the County of Riverside, State of California, hereinafter described: See Exhibits "A" and "B", Attached and Made a Part Hereof Together with the right to enter upon and to pass and repass over and along said strip land for the construction, operation, and maintenance of the facilities to be constructed in adjacent property by the RANCHO CALIFORNIA WATER DISTRICT. It is understood and agreed that the easements and rights-of-way acquired herein are subject to the right of the owner, his successors and assigns, to use the surface of the land within the boundary lines of said easements and rights-of-way to the extent that such use is compatible with the full and free exercise of said easements and rights-of-way by the RANCHO CALIFORNIA WATER DISTRICT; provided however, that no fences, block walls, structures, or other improvements shall be constructed upon, over, and along said easements and rights-of-way without first obtaining the written consent of the RANCHO CALIFORNIA WATER DISTRICT. No additional fill and/or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from the cover of said access easement after construction, without first obtaining the written approval of the RANCHO CALIFORNIA WATER DISTRICT. IN WITNESS WHEREOF, this instrument has been executed this day of , 2012 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed CITY OF TEMECULA by deed or grant dated , 2012 from the CITY OF TEMECULA to Rancho California Water District, a public agency and subdivision in the Sate of California, is By: hereby accepted by order of the undersigned officer on Chuck Washington, Mayor behalf of the Board of Directors pursuant to the authority conferred by Resolution No. 2004-5-2 of the Board of ATTEST: Directors adopted on May 13, 2004 and the grantee consents to recordation thereof by its duly authorized By: officer Susan W. Jones, MMC, City Clerk Approved As To Form: By: Peter M. Thorson, City Attorney EXHIBIT "A" WELL ACCESS EASEMENT That certain parcel of land situated in the County of Riverside, State of California, being a portion of Lot 2 and Lot 16 of Tract No. 29432 recorded in Book 308 pages 59 through 68 of Maps, as adjusted by Lot Line Adjustment No. 4463, recorded June 13, 2002 as Instrument No. 323116, records of Riverside County California more particularly described as follows: COMMENCING at a point in the westerly boundary of Lot 2 of the aforementioned Tract No. 29432, said point lying on the northerly right-of-way of Butterfield Stage Road, 50.00 foot half - width, said right-of-way being a curve concave northeasterly having a radius of 1950.00 feet, a radial line to the beginning of said curve bears S.57°48'02"W.; Thence northwesterly along the arc, through a central angle of 01°19'33", a distance of 45.12 feet to the TRUE POINT OF BEGINNING; Thence continue northwesterly along said curve through a central angle of 00°40'43", a distance of 23.10 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N.62°53'43"W., a radial distance of 20.00 feet; Thence departing said right-of-way northerly along the arc, through a central angle of 47°10'52", a distance of 16.47 feet; Thence N.20°04'35"W., a distance of 85.77 feet to a point of curve to the right having a radius of 20.00 feet and a central angle of 88°34'19"; Thence northeasterly along the arc a distance of 30.92 feet; Thence N.68°29'43"E., a distance of 70.12 feet to a point of curve to the right having a radius of 20.00 feet and a central angle of 18°59'35"; Thence easterly along the arc a distance of 6.63 feet; Thence N.87°29'19"E., a distance of 7.00 feet; Page 1 of 3 EXHIBIT "A" WELL ACCESS EASEMENT Thence N.02°30'41"W., a distance of 61.53 feet to a point on the northerly property line of that parcel of land vested in the County of Riverside, on behalf of County Service Area NO. 143, per deed recorded April 15, 2003 instrument number 2003-263648 official records of Riverside County recorder; Thence along said northerly property line vested in the County of Riverside, S.66°13'52"E., a distance of 16.30 feet; Thence departing said northerly property line, southwesterly, S.23°46'08"W., a distance of 5.00 feet; Thence southeasterly S.66°13'52"E., a distance of 7.00 feet; Thence northeasterly to a point on said northerly property line, N.23°46'08"E., a distance of 5.00 feet; Thence along said northerly property line, S.66°13'52"E., a distance of 10.16 feet; Thence southeasterly departing said northerly property line S.02°30'41"E., a distance of 46.71 feet; Thence N.87°29'19"E., a distance of 31.35 feet; Thence S.02°30'41"E., a distance of 20.00 feet; Thence S.87°29'19"W., a distance of 77.30 feet to a point of curve to the left having a radius of 20.00 feet and a central angle of 18°59'35"; Thence westerly along the arc a distance of 6.63 feet; Thence S.68°29'43"W., a distance of 33.79 feet to a point of curve to the left having a radius of 18.00 feet and a central angle of 48°06'14"; Thence southwesterly along the arc a distance of 15.11 feet; Thence S.20°23'30"W., a distance of 16.49 feet to a point of curve to the left having a radius of 18.00 feet and a central angle of 40°28'05"; Thence southerly along the arc a distance of 12.71 feet; Page 2 of 3 Thence S.20°04'35"E., a distance of 79.36 feet to a point of curve to the right having a radius of 18.00 feet and a central angle of 79°30'33"; Thence southerly along the arc a distance of 24.98 feet; Thence S.59°25'58"W., a distance of 0.50 feet to the true POINT OF BEGINNING. Containing 6,359.70 square feet, 0.1460 acres more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. This Description was prepared by me Or under my direction: Rudy E. Nunez . P.L.S. PLS No. 739- xp. 12/31/13, September 21, 2012 NO. 7394 Exp. 12/31/201P* Page 3 of 3 \co EXHIBIT "B" WELL ACCESS EASEMENT POPTJOIN OF LOT -16 TRACT 20432 308/58-58 SHEET 1 OF 2 NORTHERLY DEED LINE AS RECORDED APRIL 15, 2003 INST. NO. 2003-263648 OFFICIAL RECORDS (IffJ 0ERLY DEED LINE AS RECORDED APRIL 15, 2003 INST. N0. 003-263648 OFFICIAL RECORDS Vs • 0 X 49‘ ,P0OB 1 - Pa PREPARED UNDER THE SUPERVISION OF: RUDY E. NUNEZ L.S. 7394 9/ '2 PORTION) Or LOT 2 NOTE: SEE SHEET 2 FOR CURVE AND LINE INFORMATION 02 , o� S`D% i SCALE: 1"=40 LEGEND TPOB = TRUE POINT OF BEGINNING POB = POINT OF BEGINNING PROPOSED EASEMENT AREA EXHIBIT "B" WELL ACCESS EASEMENT PROPERTY LINE DATA O DELTA/BRG RADIUS LENGTH 1 0= 01°19'33" 1950.00' 45.12' 2 0= 00°40'43" 1950.00' 23.10' 3 A= 47°10'52" 20.00' 16.47' 4 N20°04'35"W -- 85.77' 5 0= 88°34'19" 20.00' 30.92' 6 N68°29'43"E -- 70.12' 7 A= 18°59'35" 20.00' 6.63' 8 N87°29'19"E -- 7.00' 9 NO2°30'41"W -- 61.53' 10 S66°13'52"E -- 16.30' 11 S23°46'08"W -- 5.00' 12 S66°13'52"E -- 7.00' 13 N23°46'08"E -- 5.00' 14 S66°13'52"E -- 10.16' 15 S02°30'41"E -- 46.71' 16 N87°29'19"E -- 31.35' 17 S02°30'41"E -- 20.00' 18 S87°29'19"W -- 77.30' 19 0= 18°59'35" 20.00' 6.63' 20 S68°29'43"W -- 33.79' 21 0= 48°06'14" 18.00' 15.11' 22 S20°23'30"W -- 16.49' 23 0= 40°28'05" 18.00' 12.71' 24 S20°04'35"E -- 79.36' 25 0= 79°30'33" 18.00' 24.98' 26 S59°25'58"W -- 0.50' PREPARED UNDER THE SUPERVISION OF: RUDY E. NU L.S. 7394 1 12 NO. 7394 Exp. 12/31/2013 SHEET 2 OF 2 Item No. 11 Approvals City Attorney Chief Financial Officer City Manager Po -r - go CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 13, 2012 SUBJECT: Fourth Amendment to the Professional Engineering Services Agreement with RBF Consulting for the Design of the I-15/SR-79 South Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer— CIP RECOMMENDATION: Approve the Fourth Amendment to the Agreement for Professional Engineering Services with RBF Consulting for additional engineering, right of way, and environmental activities on the I-15/SR-79 South Ultimate Interchange Project, in the amount of $316,000. BACKGROUND: On December 16, 2008, the City Council approved the Agreement for the preparation of construction Plans, Specifications, and Estimate for the project. The amount of the Agreement, as amended to date, is $2,486,360. Several work tasks must be expanded and several new ones must be added for continued development of the Plans, Specifications, and Estimate (PS&E). Full acquisition services and environmental clearance of acquired parcels is now needed. The PS&E package must be updated to meet Caltrans 2010 Construction Contract Standards and augmented with temporary traffic signal staging plans. Finally, the utility relocation design package will be revisited to make better use of redefined right of way requirements. Work tasks in this Fourth Amendment will bring the project to 95% PS&E completion. With approval, the resulting Agreement amount will be $2,802,360. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2013-17. Funding sources include CFD (Crowne Hill), Reimbursement/Other (Morgan Hill), SAFETEA-LU, Senate Bill 621, and TUMF (RCTC). Adequate funds are available in the project design account (210-165-662-5802) to fund the increase of $316,000. ATTACHMENTS: 1. Fourth Amendment 2. Project Location 3. Project Description FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEER SERVICES BETWEEN THE CITY OF TEMECULA AND RBF Consulting PW04-08 INTERSTATE-15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE THIS FOURTH AMENDMENT is made and entered into as of November 13, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, a company of Michael Baker Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On December 16, 2008, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange", in the amount of $2,032,600, plus contingency in the amount of $203,260. b. On July 13, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Professional Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to increase the contingency in the amount of $182,000. c. On April 5, 2011, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Professional Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to add scope of work, extend the term of the agreement to December 16, 2011, and to increase the payment in the amount of $68,500. d. On December 16, 2011, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Professional Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to extend the term of the agreement to June 30, 2013. e. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2014, increase the payment in the amount of $316,000, and to 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 June 30, 2014 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 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 Fourth Amendment 1 amount shall not exceed Three Hundred Sixteen Thousand dollars ($316,000), for additional engineering, right of way, and environmental activities for a total Agreement amount of Two Million Four Hundred Seventeen Thousand One Hundred dollars ($2,417,100), plus Contingency in the amount of Three Hundred Eighty -Five Thousand Two Hundred Sixty dollars ($385,260), for a total of Two Million Eight Hundred Two Thousand Three Hundred Sixty dollars ($2,802,360). 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Steven B. Burick, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT S. Robert Kallenbaugh, CEO RBF Consulting Steven B. Burick, Vice President 14725 Alton Parkway, Irvine, CA 92618-2027 (949) 855-5733 Office (949) 330-4130 Fax burick@rbf.com 3 PM Initials: D Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 ATTACHMENT A SCOPE OF SERVICES & FEES SCOPE This scope of services and fees are for the expanded scope of work related to engineering, environmental, and right of way acquisition services required for continued development of the Plans, Specifications and Estimate (PS&E). With these services, it is anticipated that right of way acquisition and mapping will be at or near completion and PS&E will have achieved final 95% submittal. Services include: • Project Management; • Right of Way Engineering Maps; • PS&E — Temporary Traffic Signal plans; • PS&E — Revise/convert to 2010 Caltrans standards; • Right of Way Interests; • Environmental Clearance of Right of Way Interests. TASK 1 — PROJECT MANAGEMENT (WBS 100) — EXPANDED TASK PROJECT MANAGEMENT — PS&E COMPONENT (WBS 100.15) This task covers project management services including the requirements for meetings, schedules, progress reports, and administration of CONSULTANT/SUBCONSULTANT work. 1.1 Management/Administration (WBS 100.15.99) Following are administrative duties, which shall be performed by CONSULTANT during the PS&E phase: • Supervise subcontractors and staff, coordinate and monitor work for conformance with Caltrans standards and policies; • Prepare, circulate, and file correspondence and memoranda as appropriate; • Maintain project files in accordance with the Caltrans Uniform Filing System. Deliverables: Management/Administration Support 1.2 Project Meetings (WBS 100.15.99) CONSULTANT shall arrange, conduct, and document meetings with Caltrans, agencies, or other parties as necessary to obtain guidance and interpretation of requirements applicable to all project plans, documents, and reports. 1.3 Project Schedule (WBS 100.15.99) CONSULTANT shall continue to develop and maintain the project schedule, as previously defined in the original Agreement. Attachment A, Page 1 of 8 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 1.5 Quality Control / Quality Assurance (QC / QA) (WBS 100.15.99) CONSULTANT shall continue implementation of the QC/QA Program, as previously defined in the original Agreement, throughout performance of the services under this Agreement. The QC/QA Program is intended to ensure that the reports, plans, studies, estimates, and other documents submitted under the Agreement are complete, accurate, checked, and proofread to meet professional engineering practices in effect at the time of execution of the Agreement. TASK 3 — UTILITY RELOCATION (WBS 200) APPROVED UTILITY RELOCATION PLAN (WBS 200.15) — EXPANDED TASK Updated Sanitary Sewer and Water Relocation Plans Two previous design submittals have been made to EMWD for the relocation of the 18" and 20" force mains. Two previous design submittals have been made to RCWD for the relocation of the 30" and 42" force mains. Redesign of both facilities will be required for alignment modifications in the vicinity of the existing ARCO gas station. The following tasks are required to complete the utility relocations PS&E: • Alignment Exhibit and Technical Memorandum: RBF will prepare exhibits showing the recommended alignments for both facilities for agency approval. The exhibits will be submitted with a brief technical memorandum which identifies the required alignment changes in the vicinity of the gas station. • Design Drawings: RBF will update the existing plan, profile, and detail drawings for the relocations. The existing design riot affected by the gas station will remain the same. The design affected by the gas station will be updated based on the required changes. • Specifications: Specifications will be updated for the relocations. • Cost Estimate: Revise the construction cost estimates for both facilities. • (6) Meetings with EMWD and RCWD. Deliverables: Updated Utilities Plans (65% Submittal) TASK 4 — RIGHT OF WAY ENGINEERING (WBS 220) — EXPANDED TASK 4.6 Right of Way Appraisal Maps (WBS 220.20) CONSULTANT will revise ARCO station appraisal maps at 1"=50' scale to facilitate the property acquisition. The appraisal map will cover the area sufficient to fully depict the acquisition parcels and shall be prepared in conformance with the Caltrans Right -of - Way Manual. Appraisal Maps will not be prepared for the entire project limits. Deliverables: Right of Way Appraisal Maps Attachment A, Page 2 of 8 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 TASK 5 — PREPARE DRAFT PS&E (WBS 230) 5.6 Updated Draft Roadway Design Plans (95% Submittal) (WBS 230.60) — EXPANDED TASK This submittal will include comments, reviews, coordination efforts, and updated information for the preparation of Temporary Traffic Signal Plans (estimated 54 sheets) for the stage construction plans previously prepared in the Draft PS&E (95% Submittal). CONSULTANT will update various plans, special provisions and estimate noted below. PS&E will be prepared using 2010 Caltrans Construction Contract Standards. All roadway plans previously prepared, as defined in the original Agreement, will be revised per the latest 2010 Caltrans Construction Contract Standards. All roadway special provisions prepared, as defined in the original Agreement, will be revised per the latest 2010 Caltrans Construction Contract Standards. CONSULTANT will review the latest 2010 Caltrans Standard Specifications and Special Provisions (SSPs). CONSULTANT will obtain information from Caltrans website on major changes reflected on the 2010 Standard Specifications and SSPs as compared to the 2006 Standard Specifications and SSPs. Revisions in the 2010 Standard Specifications and SSPs that are applicable to the plans and/or cost estimate will be reflected in the submittal. Deliverables: Updated Roadway PS&E Package (95% Submittal) TASK 6 — DRAFT STRUCTURES PS&E (WBS 240) 6.2 Foundation Report (WBS 240.80) — EXPANDED TASK CONSULTANT'S subconsultant (Earth Mechanics, Inc.) will re-evaluate project geotechnical reports. Based on the current criteria, the following reports will require revisions based on the 2010 Caltrans Standards: • I-15/SR-79 Off Ramp (SEP) Foundation Report • Retaining Wall 86 Design Memorandum • Retaining Wall Foundation Report Calculations will be performed and the above reports (including the LOTB sheets) will be updated in conformance with Caltrans LRFD design criteria and methods, and Caltrans latest foundation report preparation guidelines. The following reports do not require revisions and are excluded from this scope: • Materials Report • Sign Structure Foundation Report • Geotechnical Design Report • Aerially Deposit Lead (ADL) Investigation Report Deliverables: Updated Geotechnical Reports Attachment A, Page 3 of 8 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 6.5 Updated Draft Structures PS&E (95% Submittal) (WBS 240.85, 240.90) — EXPANDED TASK CONSULTANT will re-evaluate retaining wall foundation recommendations based on the latest 2010 Caltrans Standard Plans. Consultant will also revise both standard and non-standard wall plans per geotechnical recommendations and the latest 2010 Standard Plans. CONSULTANT will develop revised structural calculations and design for both standard and non-standard walls foundation plan sheets. Corresponding quantity sheets and cost estimates will also be modified as appropriate. CONSULTANT will revise structure plans per the latest 2010 Caltrans Standard Plans with respect to the following updates: • SB Off -Ramp Separation • Retaining Wall No. 170 • Retaining Wall No. 187 • Retaining Wall No. 86 All structures special provisions prepared, as defined in the original Agreement, will be revised per the latest 2010 Caltrans Construction Contract Standards. CONSULTANT will review the latest 2010 Caltrans Standard Specifications and Special Provisions (SSPs). CONSULTANT will obtain information from Caltrans website on major changes reflected on the 2010 Standard Specifications and SSPs as compared to the 2006 Standard Specifications and SSPs. Revisions in the 2010 Standard Specifications and SSPs that are applicable to the plans and/or cost estimate will be reflected in the submittal Deliverables: Updated Structures PS&E Package (95% Submittal) TASK 9 — EXPENSES Reproduction Services and Other Expenses: CONSULTANT shall provide all reproduction services, and other related expenses for the project. This includes all reprographics and photocopying for submittals, all photocopying for progress plots, quality control check plots, and in-house reproductions. TASK 10 — OBTAIN RIGHT OF WAY INTERESTS FOR PROJECT RIGHT OF WAY CERTIFICATION (WBS 225) CONSULTANT's subconsultant, OPC, will provide additional right of way acquisition services under the approach that the ARCO property will be acquired, in full, and the business displaced. This task includes the additional right of way acquisition services beyond those defined in EWA No. 1. 10.2 Right of Way Interests (WBS 225.55) — EXPANDED TASK • ARCO Site Circulation Evaluation: New task required for the full acquisition of the ARCO property. The project will remove a driveway along Front Street and provide Attachment A, Page 4 of 8 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 access to the site from Temecula Parkway through a single driveway. The evaluation will include the following: 1) Evaluate the existing site from an internal circulation perspective using traffic engineering standard of care principles, 2) evaluate ingress and egress to the site and provide enhancement recommendations, and 3) prepare one site circulation plan. • Fee Appraisal Report: Expansion of task defined in EWA No. 1. • Acquisition Services: Expansion of task defined in EWA No. 1. • Fixtures & Equipment Appraisal: New task required for the full acquisition of the ARCO property. The appraisal will establish an estimate of the replacement cost new, fair market value in place and forced liquidation value of the items appraised. • Relocation Assistance: New task required for the full acquisition of the ARCO property. OPC will provide all necessary relocation assistance and benefits to the displaced business in conformance with State law and it's implementing guidelines. • Goodwill Appraisal Services: New task required for the full acquisition of the ARCO property. The goodwill appraisal services will determine the goodwill loss that may occur to the ARCO property gasoline service station and determine just compensation for the taking of the underlying property. A summary of the analysis and conclusion of the study will be provide in a restricted use appraisal report, appropriate for settlement negotiations and court submittal. All appraisal services will be performed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP). Deliverables: Additional right of way acquisition services necessary for legal and physical possession and right to enter on the ARCO property. TASK 11 — ENVIRONMENTAL REEVALUATION (WBS 255.15) - EXPANDED TASK CONSULTANT will provide additional environmental services under the approach that the ARCO property will be acquired, in full, and the business displaced. Approved Environmental Documentation: An IS/ND, prepared pursuant to the California Environmental Quality Act (CEQA), for the proposed Project was approved in June 2009 (State Clearing House Number [SCN] 2008021092). A CE, prepared pursuant to the National Environmental Policy Act (NEPA), for the proposed Project was also approved in June 2009. A Re -Validation and Addendum for the proposed Project pursuant to CEQA and NEPA was approved in June 2011. The Phase I Initial Site Assessment was approved December 2010. 11.11 Phase II Environmental Site Assessment (WBS 255.15) Roux Associates (Roux), CONSULTANT'S subconsultant, will prepare a Phase II Environmental Site Assessment (ESA). The purpose of this investigation is to assess whether potential gasoline or diesel releases have occurred at the Site which may impact soil and/or groundwater. In addition, the investigation will also include active soil gas sampling to assess vapor concentrations in the subsurface to assess any potential impacts to future commercial redevelopment and users of the Site. Through conversations with RBF and on-line research (http://geotracker.swrcb.ca.gov/), Roux has found that prior to ARCO; the site was a gas station (Temecula Fuel Center), which released fuel to the subsurface. According Attachment A, Page 5 of 8 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 to California Regional Water Quality Control Board (\Nater Board) records, two underground storage tanks (USTs) were removed from the eastern property boundary in the 1980s, after soil and groundwater contamination were discovered. In 1988 the Water Board issued a Cleanup and Abatement Order (CAO) to the responsible parties and in the early 1990s contaminated soils were overexcavated and treated on-site. Groundwater, which had fuel impacts, was monitored for many years and eventually found to be within acceptable limits. Agency closure was reportedly issued for the Site in 1997. Groundwater appears to be relatively shallow (12-15 feet below surface) and reportedly moves across the Site from the north to the south-southwest. Roux has been informed that improvement plans call for demolition and removal of all existing structures from the Site and utility relocation related to the highway improvement across the Site, which could include trenching to depths up to 20 feet below surface. Presumably these activities could potentially involve issues with encountering groundwater and soils impacted by fuels. The City also is considering future redevelopment of the Site with commercial uses. As such, subsurface vapor concentrations and the potential for vapor intrusion into future buildings (assuming vapors are present) is a potentially relevant issue. Roux will take an investigative approach that includes soil gas, soil, and groundwater sampling. The sampling will target the area along the eastern property boundary formerly identified as having fuel impacts. In addition, Roux will target the area of the current USTs (assumed to be 3, 12,000 -gallon fuel tanks), the fuel island dispensers (assumed to be 2 islands with 4 pumps each) and fuel lines going from the USTs to the pumps. At present Roux has not been provided with specific information related to the fuel system at the Site so our assumptions are based on experience from a "typical" fuel service station. Prior to initiating fieldwork Roux will contract with a private utility locator to identify subsurface obstructions, piping, and other structures that may prevent or alter placement of certain borings at the Site. Roux will also prepare an OSHA compliant Health and Safety Plan to ensure identification and communication of all site hazards, establish clear rules of safety communication, and identify the location of the nearest hospital. It is expected that the Site will be an operating ARCO station at the time work is conducted and as such, borings will need to be either hand-augered or air knifed to 5 -feet below ground surface (bgs) after utility clearance, per ARCO requirements. In addition, it is expected that orange snow nets, traffic control fencing, and/or barricades will be necessary and expected, also per ARCO standards. Roux proposes to investigate the Site with placement of 8 soil gas probes, 8 soil borings, and collection of 8 groundwater samples as follows: • Two soil gas probes, 2 soil borings, and 2 groundwater sampling locations will be placed surrounding the current USTs at the northeastern portion of the Site. • Four soil gas probes, 4 soil borings and 4 groundwater sampling locations will be placed surrounding the fuel islands and piping at the central portion of the Site. • Two soil gas probes, 2 soil borings, and 2 groundwater sampling locations will be placed at the approximate location of the former USTs and soil/groundwater contamination along the eastern property boundary. Attachment A, Page 6 of 8 CITY OF TEMECULA Fourth Amendment PROJECT NO. PW04-08 Soil gas probes will be drilled and installed at 8 locations across the Site using a push - probe or rotohammer drill, depending on Site conditions. Because groundwater is shallow at the Site, probes will only be extended to 5 feet below surface. Field procedures and sampling methodology will be in strict accordance with the Department of Toxic Substances Control (DTSC) and Regional Water Quality Control Board (VVater Board) Guidance of April 2012. Soil gas samples will be collected in the field and analyzed on-site for volatile organic compounds (VOCs), including fuel constituents, by a modified version of United States Environmental Protection Agency (USEPA) Method 8260B, using a State accredited mobile analytical laboratory. Borings will be installed using a truck -mounted push -probe drilling rig. Three soil borings will be continuously logged and samples collected in acetate sleeves and segregated for laboratory analysis at 5 -foot intervals from 5 to 20 feet bgs. Visual observation of soils (arid any impacts) will aid in correlating native soils across the Site and also in establishing depth to groundwater. The remaining 5 soil borings will be drilled to just above groundwater with samples collected in brass sleeves at regular 5 - foot intervals to the total depth of the borings. A photoionization detector (PID) will be used to record volatile organics off -gassing from the soil and all samples will be logged and recorded for lithologic properties according to the United Soils Classification Systems (USCS). After collecting and logging, soil samples will be put on ice and sent under proper chain of custody to American Analytics Laboratory, a State accredited analytical laboratory in Chatsworth, California. Selected soil samples and all groundwater samples will be analyzed for total petroleum hydrocarbons as gasoline (TPH-g) by USEPA Method 8015M, TPH as diesel (TPH-d) by USEPA Method 8015M and benzene, toluene, ethylbenzene, and total xylenes (BTEX) as well as fuel oxygenates by USEPA Method 8260B. In addition, two groundwater samples will be selected for analysis of the full scan of VOCs by USEPA Method 8260B. Any remaining soil samples will be placed on hold pending analytical results of the initial batch of samples. Upon completion of the proposed investigation, Roux Associates will evaluate and interpret the data, incorporate and contextualize historical findings, and prepare a summary letter report that includes tables, figures, and data. Deliverables: Phase II Environmental Site Assessment Attachment A, Page 7 of 8 CITY OF TEMECULA FEES Fourth Amendment PROJECT NO. PW04-08 TASK DESCRIPTIONS Per Caltrans WBS Release 10.1 AMO -i I IRSK 1 - PROJECT MANAGEMENT (WBS 100) 100 15 Project Management - PS&E Component $23,200 TASK 3 - UTILITY RELOCATION (WBS 200) 200 15 Approved Utility Relocation Plan $25,600 TASK 4 - RIGHT OF WAY ENGINEERING (WBS 220) I 220 20 Right of Way Appraisal Maps $3,200 TASK 5 - PREPARE DRAFT PS&E (WBS 230) 230 60 Updated Draft Roadway Design Plans (95% Submittal) $105,600 TASK 6 - DRAFT STRUCTURES PS&E (WBS 24� 240 80 Foundation Report $14,300 240 85 Updated Draft Structures PS&E (95% Submittal) $44,600 240 90 TASK 9 - EXPENSES Reproduction Services and Other Expenses $5,000 TASK 10 - OBTAIN RIGHT OF WAY INTERESTS FOR PROJECT RIGHT OF WAY CERTIFICATION (WBS 225) 225 55 Right of Way Interests $47,500 TASK 11 - ENVIRONMENTAL REEVALUATION (WBS 255.15) 255 15 Phase II - Environmental Site Assessment $47,000 Total $316,000 Attachment A, Page 8 of 8 INTERSTATE -15 / HIGHWAY 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2010 54 Feet 0 255 530 1 060 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Project Description: This project includes right-of-way acquisition, design. and construction of a ramp system that will improve access to Interstate 15 (from Temecula Parkway/State Route 79 South) to accommodate traffic generated by future development of the City's General Plan land use and regional traffic volume increases forecasted for the year 2030 This project is crucial as the projected traffic volume increases currently exceeds the capacity of the existing interchange improvements constructed by Riverside County Transportation Department Benefit / Core Value: This project will improve circulation. freeway access. and level of service at the Interstate 15 and Temecula Parkway/State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). Acquisition is estimated to be complete during fiscal year 2012-13. Construction is scheduled to start during fiscal year 2013-14, when funding is available Department: Public Works—Account No. 210.165.662 Level: 1 Project Cost: Actua Is to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Administration $ 334 532 $ 165.000 $ 325 000 $ 129,450 $ 953,982 Acquisition $ 7,413 992 $ 5,000,000 $ 1600.000 $ 12,413,992 Construction $ 104,088 $ 5,549,256 $ 8 814 000 $15.390,759 $ 24.308,847 Construction $ 4 452 000 $ 4,452,000 Engineenng $ 1.200 000 $ 2.300,000 $ 3,500,000 Design $ 2,983 259 $ 384.256 $ 5.321 805 $ 7,804.918 $ 3,367,515 MSHCP $ 745 000 $ 9.841.281 $ 745,000 Totals 310 835 871 $ 5.549.256 $11.084.000 $ 17.820,209 S $ - 3 - $ 45,289,336 Source of Funds: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost CFD (Crow ne Hill Reimbursement/Other ( Murgan Hill) $ 502 211 $ 1.190.582 $ 502,211 $ 1,190,582 SAFETEA-LU $ 1600.000 $ 1,600,000 Senate Bill 621 $ 4.691 078 $ 5,549,256 $ 4,162 195 3 76,725 $ 14,479,254 TUMF (RCTC/CETAPIo) $ 4 452 000 $ 4,452,000 TUMF (RCTCRegon)o) $ 97,285 $ 97.285 TUMF (RCTCRegan1 f $ 5.321 805 $ 7,804.918 $ 13,126,723 Unspecified $ 9.841.281 $ 9,841,281 Total Funding: $10 835 871 $ 5,549,256 S11 084 000 $17.820,209 $ - $ - 3 - $45.289.336 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 $ 6.000 1 $ 6.120 2015-16 2016-17 $ 6,242 $ 6.367 1 3 t 495 (1) TUMF (RCTC/CETAP) - Fundings pursuant to RCTC Agreement No 11-72-041-00 (55.400.000 to date) (2) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No 06-72-506 ($4.452.000) (3) TUMF (RCTC/Region) - Supplemental funding will provide the required additional funds based on received construction bids (4) Project cannot be constructed until a funding source is identified 55 Item No. 12 Approvals City Attorney Chief Financial Officer City Manager Po -r - go CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 13, 2012 SUBJECT: Second Amendment to the Professional Services Agreement with Harris and Associates for the Design of the Pavement Rehabilitation Program, PW10-05 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer-CIP RECOMMENDATION: 1. Approve the Second Amendment to the agreement with Harris and Associates in an amount not to exceed $17,855 for additional services to complete the improvement plans for Winchester Road, Rancho California Road, and Rancho Vista Road, PW 10-05; 2. Authorize an increase to the contingency in the amount of $1,785.50. BACKGROUND: On October 12, 2010, the City Council approved an agreement with Harris and Associates in the amount of $298,937.00 to provide street improvement plans for five pavement rehabilitation projects. Subsequent to the agreement approval, the First Amendment extended the term of the agreement to December 12, 2012. The second Amendment, in the amount of $17,855 includes additional scope of work required for the completion of the improvement plans for Winchester Road (between Jefferson and Ynez), Rancho California Road (between Jefferson and Ynez) and Rancho Vista Road (between Margarita and Paseo Goleta). In addition, the amendment will extend the term of the agreement to June 30, 2012. The increase in scope includes revising the limits of work, the method of rehabilitation at intersections and left turn pockets and the preparation of updated traffic control plans related to the three projects. Upon approval, the resulting Agreement base amount will be $316,792, with an authorized contingency of $31,679.20. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2013-17. The rehabilitation project for Fiscal Year 2012-13 is funded with Measure A and Capital Project Reserves. The proposed amendment will increase allowable compensation, including the increased contingency, by $19,640.50. Adequate funds are available in the project account, 210-165-655. ATTACHMENTS: 1. Second Amendment 2. Location Map 3. Project Description SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HARRIS & ASSOCIATES PAVEMENT REHABILITATION PROGREAM — CITYWIDE, PW10-05 THIS SECOND AMENDMENT is made and entered into as of November 13, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Harris & Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On October 12, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between the City of Temecula and Harris and Associates for the Citywide Pavement Rehabilitation — Fiscal Year 2010-11", PW10- 05, in the amount of $298,937.00, plus contingency in the amount of $29,893.70. b. On January 10, 2012, the City and Consultant entered into the FIRST AMENDMENT to that certain Agreement entitled "Agreement for Consultant Services Between the City of Temecula and Harris and Associates for the Citywide Pavement Rehabilitation — Fiscal Year 2010-11", PW10-05 to extend the term of the agreement to December 31, 2012." c. The parties now desire to add to the scope of work, increase the payment in the amount of $17,855.00, extend the term of the agreement to June 30, 2013, increase the contingency in the amount of $1,785.50, and to 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 June 30, 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 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 SECOND Amendment amount shall not exceed Seventeen Thousand Eight Hundred Fifty Five Dollars and No Cents ($17,855.00), plus 10% Contingency of One Thousand Seven Hundred Eighty Five Dollars and Fifty Cents ($1,785.50) for additional design, drafting and Quality Control work for a total Agreement amount of Three Hundred Sixteen Thousand Seven Hundred Ninety Two Dollars and No Cents ($316,792.00), plus Contingency in the amount of Thirty One Thousand Six Hundred Seventy Nine Dollars and Twenty Cents ($31,679.20), for a total of 1 Three Hundred Forty Eight Thousand Four Hundred Seventy One Dollars and Twenty Cents ($348,471.20). 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Harris & 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: Chuck Washington, Mayor Ehab Gerges, PE, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Javier Saunders, Regional Manager Harris & Associates Attn: Dan Lee 750 B Street, Suite 1800, San Diego, Ca. 92101 (619) 236-1778 (619) 236-1179 Fax DALee@harris-assoc.com 3 PM Initials: n g Date: �/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 October 18, 2012 Chris White City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 Harris & Associates,. Shaping the Future, One Project at a Time Exhibit "A" RE: Citywide Pavement Rehabilitation FY 10-11, Project No. PW10-05- Additional Services Dear Chris: Pursuant to our recent discussion, please find the following back up for our request for additional funds associated with the 2010-2011 Pavement Rehabilitation Project. Harris' original the scope of work for this project in connection with the Caltrans Permit was as follows: 3.5 Caltrans Encroachment Permit Harris will prepare all necessary documents including the required Water Pollution Control Program Study forms in accordance with Caltrans District 8 requirements in order to obtain the necessary encroachment permit. This permit package will be submitted to the City of Temecula and processed through Caltrans District 8 by City staff The encroachment permit will be required for the rehabilitation projects that impact Caltrans right ofway. After reviewing our original scope of work noted above, the following is a breakdown of the actual work that we consider outside of our contract in order to get the permit: or action item completed by Harris & Associates _Task 1. Telephone and email coordination with Caltrans engineers including, Rick Chan and Art Haidary. 2. Five rounds of plan check reviews with Caltrans staff. _ 3. Limits and types of work revised several times, which required several revisions to plans, quantity estimates and specifications. _ 4. Coordination and discussions with Caltrans and City staff on the resolution of limits and type of work to be show in the vicinity of approach slabs for bridges. _ 5. Coordination and discussions with Caltrans and City staff on the resolution of CIR pavement method on Rancho California Rd. _ 6. Time span of plan check comments and delays from 7-22-11 to present. _ 7. Sorting through and evaluating numerous conflicting requests and plan check comments such as limits of work, loop detection, specifications etc. _ 8. Follow through communication with Caltrans staff to educate them that limits of work on Winchester and Rancho California are outside of Caltrans ROW, and are not under Caltrans' jurisdiction. 9. Winchester Rd. plans required numerous revisions to reflect multiple work hour changes between Caltrans and the City. This resulted in multiple pdf and plan printing. 10. Unnecessary redundancy of having specifications language being placed on plans at the direction of Caltrans staff, and then taking it off. 11. Rancho Vista Road- Revised Plans to reflect a full depth A.C. Section from a C.T.B. Section to expedite opening of intersections along project limits. 750 B Street, Suite 1800 San Diego, California 92101 619.236.1778 FAX 619.236.1179 sandiego@harris-assoc.com Chris White City of Temecula October 18, 2012 Page 2 of 2 The above additional effort was beyond what was budgeted in our original scope and fee which resulted in $17,855 extra work on the part of Harris staff between the period of 7-22-11 to present. Should you have any questions, please feel free to call us at (619) 236-1778 ext. 2352 for Ehab and 2512 for Dan. Sincerely, Harris & Associates Ehab Gerges, PE Vice President I:1ProjectslCity of TemeculalAdditional Service Ltr 10 18 12.doc Daniel Lee, PE Manager of Civil Design Harris & Associates. Exhibit "B" City of Temecula Citywide Pavement Rehabilitation Project -FY 10-11 BHams October 18,2012 & Associates. TASKS QA/QC MGR PROJ. MGR PE/TE DE Tech TOTAL COST $ PER HOUR $195 $185 $160 $115 $85 Caltrans Encroachment Permit -Additional Services Project Management/Coordination 4 8 14 $4,500 Plans,Specification and Estimate Revisions and Processing 1 18 32 38 4 $13,355 Task6 Subtotal $780 $1,480 $2,240 $115 $85 $17,855 DESIGN & CONST. GRAND TOTAL HOURS 5 26 46 38 1 4 DESIGN & CONST. GRAND TOTAL COSTS $975 $4,810 $7,360 $4,370 1 $340 1 $17,855 Approximate Percent ofBudget $ 1 5% 26.94% 141.22% 24% 2% 100% PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Street Location Ynez Road Anticipated Year of Construction Funding Source 2012-13 Measure A and Capital (Winchester Road to Solana Way) Projects Reserve Margarita Road - Project 2 2012-13 Capital Projects (Avenida Barca to Solana Way) Resenes Rancho Califomia Road (Jefferson Avenue to Ynez Road) Winchester Road (Jefferson Avenue to Ynez Road) 2012-13 Measure A 2012-13 Capital Projects Reserves Rancho Vista Road (Margarita Road to Paseo Goleta) To Be Determined 2013-14 Measure A 2013-14 Unspecified To Be Determined 2014-15 Measure A / Unspecified To Be Determined 66 2015-16 Measure A / Unspecified 2014-15 CALIFORNIA PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis. Department: Public Works—Account No. 210.165.655 Level: I Project Cost: Actua Is to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Administration $ 465,726 $ 500,000 $ 260,000 $ 260,000 $ 260,000 $ 260,000 $ 2,005,726 Construction $3,639,829 $ 8,200,875 $ 4,360,000 $4,360,000 $ 4,160,000 $ 4,360,000 $ 29,080,704 Construction $3,676,614 $ 5,737,130 $ 897,711 $ 900,048 $ 901,976 $ 903,470 $ 13, 016,949 Engineering $ 33,759 $ 200,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 833,759 Design $ 363,426 $ 220,000 $ 30,000 $ 30,000 $ 230,000 $ 30,000 $ - $ 903,426 Totals $4,502,740 $ 9,120, 875 $ 4,800,000 $4,800,000 $ 4,800,000 $ 4,800,000 $ - $ 32, 823, 615 Actua Is Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Capital Project Res eves $ 826,126 $ 3,383,745 $ 3,902,289 $ 8,112,160 Measure A $3,676,614 $ 5,737,130 $ 897,711 $ 900,048 $ 901,976 $ 903,470 $ 13, 016,949 Unspecified* $ 3,899,952 $ 3,898,024 $ 3,896,530 $11,694,506 Total Funding: $4,502,740 $9,120,875 $4,800,000 $4,800,000 $4,800,000 $4,800,000 $ - $32,823,615 Future Operation & Maintenance Costs: 2012-13 2013-14 *Project cannot be constructed until a funding source is identified. 67 2015-16 2016-17 Item No. 13 Approvals City Attorney Chief Financial Officer City Manager M -r• A-0 r, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Work/City Engineer DATE: November 13, 2012 SUBJECT: First Amendment to the Consultant Services Agreement for the Old Town Temecula Community Theater Remediation, PW12-04 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: 1. Approve the First Amendment to the Consultant Services Agreement with Randy Meyer, dba Meyer and Associates in the amount of $228,895 for design and construction services associated with the Old Town Temecula Community Theater Remediation, PW12-04; 2. Authorize an increase to the contingency in the amount of $22,889.50. BACKGROUND: On June 12, 2012, City Council approved a consultant services agreement with Meyer and Associates to undertake a preliminary investigation of the Old Town Temecula Community Theater deficiencies. The investigation has been completed. It determined the scope of work for the repairs, priorities of the improvements, the most effective methods and materials to utilize (considering the aesthetic, long term maintenance, and cost), and developed a cost estimate for these improvements. The results of the investigation have been disseminated and they have been approved by the appropriate stakeholders. We are now in a position to move forward with full working drawings & specifications. Due to their excellent work and substantial experience gained on the preliminary investigation, staff requested a proposal from Meyer and Associates to provide the needed design and construction support services. Meyer and Associates provided a proposal totaling $228,895, which includes full working drawings, technical specifications and extensive specialized oversight & inspection of critical elements (e.g., waterproofing and structural components) to ensure that the finished product is properly constructed. Staff has thoroughly reviewed the proposal and found the proposed services and their respective costs to be reasonable. Staff is recommending an increase to the contingency in the amount of $22,889.50, which represents 10% of the additional services of the first amendment. Upon approval, the resulting Agreement base amount will be $287,295, with an authorized contingency amount of $37,889.50. FISCAL IMPACT: The Theater Remediation project is identified in the City's Capital Improvement Program, Fiscal Years 2013-17 and is funded with Capital Project Reserves (Settlement Fund Balance). Meyer and Associates original agreement totaled $73,400 with contingency. The proposed amendment will increase allowable compensation, including the increased contingency, by $251,784.50. Funding for this work is available within the Old Town Temecula Community Theater Remediation Account No. 210.165.756. ATTACHMENTS: 1. Meyer and Associates Original Agreement 2. Meyer and Associates First Amendment 3. Location Map 4. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND RANDY MEYER dba MEYER AND ASSOCIATES PW 12-04 Old Town Temecula Community Theater Remediation (Preliminary Investigation) `2- 1 U RECEIVED JUN 1 5 2012 MEYER & ASSOC. THIS AGREEMENT is made and effective as of June 12, 2012, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Randy Meyer dba Meyer and Associates, a d/b/a (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 12, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES AND NON -RESPONSIBILITY OF EXISTING CONDITIONS Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Generally, the tasks in Exhibit A constitute Consultant's preliminary investigation for the remediation of various construction and design defects and deficiencies at the Old Town Temecula Community Theater and the adjacent Merc Building (collectively the "Theater") located at 42051 Main Street, Temecula, following the conclusion of a lawsuit entitled "City of Temecula, etc. v. Tovey Schultz Construction, et al., Riverside Superior Court, case number RIC 541908. The remodeling, remediation and/or rehabilitation of the Theater requires that certain assumptions be made regarding conditions therein, and because of those assumptions may not be verifiable without expending additional testing, inspection and/or analysis, the City agrees and acknowledges that Consultant shall not in any way be liable or responsible in law, equity, or otherwise for the pre-existing design and conditions of the Theater. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag reement. Prevailing wages are required on all City Agreements involving Construction, Design, and Preconstruction Phases of Construction (including, but not limited to, Inspection and Land Surveying Work), and Maintenance (except for Janitorial or Security Guards) for work on City property. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment ' rates and schedule of payment, are null and void. This amount shall not exceed $58,400 for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed . to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to twenty five percent (25%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, but subject to the limitations of Section 2 hereof, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -consultants, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, but subject to the limitations of Section 2 hereof, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Meyer and Associates Attn: Randy Meyer 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RANDY MEYER dba MEYER AND ASSOCIATES (Two Signatures of corporate officers required unless corporate doc ents authorize only one person to sign the agreement on beh : If of the corporation.) Chuck Was ingMayor ATTEST: APPROVED AS TO FORM: By: By: Ai LI Randy Meyer, Owner , W�� J P -ter M. Thorson, City At orney CONSULTANT Randy Meyer dba Meyer and Associates Randy Meyer 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 (949) 380-1151 (949) 380-8117 meyerarch@earthlink.net PM Initials: D Q Date: EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: cxt t tt �T� '1A" OLD TOWN TF.MECULA COMMUNITY THEATER' OEDIUTEO OCTOBER 4, 2005 ' CITY Of TEMECULA CITY COUNCIL IEEE COMERCHERO. MAYOR .. RON ROBERTS. MAYOR PRO TEM MICHAEL S. NAGGAR, COL:NC IR'. RER.. CHUCK WASHINGTON, COUNCILMEMRER MARYANN EDWARDS, COUNCILMEMBER SHAWN 0. NEES*N ITT MAMA ER scope of work understanding/approach scope of work Ex\ -\1 E\T A I scope of work Understanding/Approach INTRODUCTION The project requires a qualified architectural firm to undertake a preliminary investigation to determine a suitable scope for the remediation efforts, including materials, methods and a cost estimate for the work to be undertaken to repair damages to the Old Town Temecula Community Theater located at 42051 Main Street, Temecula, CA 92590. PROJECT DESCRIPTION Completed in 2005, the Old Town Temecula Community Theater, located at 42051 Main Street, Temecula, CA is inclusive of two structures: a 361 seat multi-level Performing arts Theater encompassing approximately 21,490 square feet which also contains a dance studio and classrooms, and the Mercantile Building ("The Merc") which is approximately 2,150 square feet and serves as the ticket office, visual arts display space, a 48 seat performance area, concessions and restrooms. Between and adjacent to these structures is a courtyard, and there are wooden covered walkways throughout. Shortly after opening the facility, water intrusion damages began to occur. Over the next few years other problems became known. The City, during the summer of 2009, commissioned a detailed investigation of the causes of damages to the facility. The investigation report concluded: A. The exterior cedar cladding system is deficient and has failed. The system needs to be replaced and/or encased with a proper system that considers the long term sustainability (cost, maintenance, aesthetics). In addition, the metal flashings constructed are deficient in many areas. The results of the water intrusion from these deficiencies need to be addressed (e.g., wood sheathing or stud dry rot, drywall staining or damage, etc). B. The exterior balcony decks (plywood layers with shims under a pedestrian coating) have failed or they are deficient (e.g., improperly supported — flexure cracks) as are the concealed drainage system within the balcony and there are installed items (gutters, rail posts) that were not sealed properly or present opportunities for water intrusion. The support structure(s) for the deck needs to be addressed and a proper system with less maintenance needs to be employed to correct the problem long term. E.70-\11,_-.‘-\-- ' A" C. The waterproofing system at the exterior doors (hollow metal with welded steel frames) and exterior windows (fixed wood sash assemblies clad with cedar) are also deficient. The new waterproofing system needs to be properly incorporated into the existing doors. Many of the existing windows are showing signs of deterioration, the faces are weathered and the waterproofing system is not properly incorporated into the window jamb. The windows shall be properly incorporated into the new exterior cladding and waterproofing. The City will consider replacement of the wood windows with a window assembly requiring less maintenance and a longer useful live. D. The roofing systems (corrugatedmetal and modified built-up system) have a number of deficiencies. Metal flashing (dormer to roof intersection, counter flashing interface with wood siding, sheet metal pan flashing) are deficient and/or not properly sealed, roof gutters are not sealed, standing seam ribs at dormers obstruct water flow and various other items addressed in the investigation. E. Exterior Balcony Railing / Gutters. The rail post bases are not sealed. The exterior metal clad elevator shaft allows for water intrusion. The concealed drainage systems within the deck and to the roof systems have deficiencies. F. Interior moisture damage to plywood sheathing, wood studs or drywall need to be addressed. G. Exterior untreated wood throughout the facility shall be a consideration for treatment with wood preservatives or replacement. Our goal here is to ensure a long term sustainable system with a reasonable maintenance effort. The scope of work requires a preliminary field investigation which shall consist of: 1. Research and review the damages to the facility and develop a preliminary scope of work/repair. The work product shall include an analysis by a Waterproofing Consultant with extensive experience in building envelopes and waterproofing as to the most effective methods and materials to employ in remediating deficiencies. The Waterproofing Consultant will conduct on-site investigations and provide leak testing at important locations. 2. Prepare detailed and prioritized scope of improvements based on a construction budget of $2,150,000. The scope of improvements shall consider, at a minimum, the deficiencies or damages outlined above or in the initial investigation report and propose innovative or cost effective A1 measures to address the deficiencies. While some work does not require consideration of alternatives (e.g. repair of damaged drywall), the City does want to consider alternatives for the types of materials for the building envelope (e.g, cement, cement fiber, vinyl, etc.), work elements that have an aesthetic or long term maintenance component and elements that represent a significant cost impact. As part of this investigation, upon the City's decision of the major components, the type(s) of flashing and waterproofing methods shall be well defined. In summary, the preliminary investigation shall definitively define the scope of remediation improvements, estimate the cost of. the work and define the waterproofing elements, methods, and standards to be adhered to. The City intends to use this document as the model for what is developed into full working drawings & specifications (not a part of this RFP and Proposal) for future remediation improvements with the funds available. GENERAL SCOPE OF SERVICES The consultant shall: 1. Review the project plans & investigations and perform a site review of the existing facilities. The Waterproofing Consultant site visit will include water testing as well as visual review of selected building components. 2. Work with the City's project manager on completion of the components of the preliminary investigation outlined above. Include time for one (1) two-hour meeting with City Staff to outline the decisional alternatives of the investigation. 3. Finalize the preliminary investigation scope and cost estimate after the City has decided on the various alternative elements. rk t t scope of work Scope of Work The following Scope of Services reflects our interpretation of required work tasks necessary to achieve the desired preliminary investigation and report for remediation improvements to the existing Old Town Community Theater in the City of Temecula. It is the intent to produce a preliminary investigation and report that meet the objectives of the City of Temecula in terms of work scope, budget limitations, accessibility, design quality, innovation, and established schedules. To assure achievement of this goal, adjustments to this program can be made. The proposed scope of work will include, but may not be limited to, the following: A. GENERAL REQUIREMENTS 1. Meet with the City Staff to coordinate project design. We will attend project meetings with City Staff or design committees required for normal design and processing of the work. If necessary, we will also attend public meetings, Commission level presentations, or City Council presentations. Meet with City Staff to discuss project alternatives. 2. Provide design services that will be consistent with information presented in the City's Request for Qualifications as clarified by this Statement of Qualifications. 3. Provide recommendations in relation to the Project Description, Budget and desired Scope of Improvements. The City's maximum construction budget is $2,150,000. B. BUILDING EVALUATION SURVEY — ROOFING & WATERPROOFING A Visual Survey of the roofing and waterproofing weals) will be provided by the Waterproofing Consultant paying special attention to the following: ✓ Waterproofing & Roofing Membrane ✓ Surfacing/Claddings Conditions / Sheet Metal Flashings ✓ Window Flashings / Drains / Sealants / Penetrations ✓ Deck Tape ✓ Counter Flashings From the Visual Survey, a narrative report shall be developed including the following components: 1. Executive Summary. The Executive Summary will discuss the overall condition of the waterproofing and roofing membranes as well as components of the system that have an impact on the immediate and long-term serviceable life. 2. Recommendations. Recommendations will accompany the report listing repairs, maintenance and upgrades for the waterproofing and roofing. The recommendations will be based upon; penetration types, condition of the membranels), flashings, drainage, and sheet metal. After a review of the conditions and the written report is developed, provide specific recommendations related to all water testing that may be required to identify leak locations. 3. Budget. Budgetary considerations will be based upon the condition of the existing system(s), type of repairs/replacement required and the usage of the space/tenant needs. 4. Building Plan/Photographic Essay. A Building Plan depicting the individual exterior building elevations, roof areas, deck areas, penetrations, drainage, and deficiencies will be generated from' findings. The building plan will be supported by the Photographic Essay, which serves to visually document the overall condition and deficiencies noted. C. LEAK INVESTIGATION/WATER TEST - ROOFING & WATERPROOFING The Waterproofing Consultant shall perform a Review of the areas where leaks have occurred and perform two (2) days of water testing at locations determined during the Building Evaluation, as necessary, and/or investigation as required to determine the source and cause of leaks into the building. Utilize the necessary means to control water in the areas where leaks will be created. As part of the review and tests, provide the following: 1. Photographic documentation of the areas tested with results. 2. Written recommendations for correction, including the type of materials and methods. The work shall be performed from the hours of 8:00 a,m. until reasonably allowed by the City. The Consultant cannot be responsible for any water damage to existing materials that occur during the course of the investigation. The Consultant may need to remove interior building materials such as ceiling tiles and/or drywall, etc., in order to visually observe where water is coming into the building. The cost of repairs to finishes and/or areas damaged by water from the tests shall not be the responsibility of the Consultant. Please note, that any area that cannot be accessed during the course of the test be identified so that no water or leak that occurs in this area will be tested. If the area can be accessed, however it is limited, the Consultant will make every attempt to test the area and limit the amount of water that may enter the location. The City shall provide site restrictions prior to commencement of the work. Due to possible limited hours of operation, any coordination that is required should be provided prior to the start of work. The Consultant is not responsible for the structural condition of the building. D. STRUCTURAL INVESTIGATION Water intrusion from various sources has occurred since 2005. The purpose of structural investigation services is to assess structural systems that may have been damaged by the water intrusion. Finding will be provided in a written narrative. 1. Review existing building drawings for the original construction, and research codes and other resources to determine capacities of existing materials. 2. Review the pervious investigative report prepared for the project by WWWCOT dated September 2, 2009 discussing the concerns, and coordinate conclusions and recommendations via meetings or telephone with that Consultant, as appropriate. 3. Review new investigative findings of the Waterproofing Consultant and Architect. 4. Perform up to five (5) site observations to observe visible construction and condition of the project buildings. k A 5. Conduct limited independent calculations to help in evaluating the risk associated with the project. 6. Attend one• (1) meeting with the Architect and the City to discuss the findings. Attend project Team meetings with the Architect as necessary. 7. Submit a letter report discussing the observations and findings, and providing recommendations as appropriate. E. ARCHITECTURAL INVESTIGATION, FINAL RECOMMENDATIONS, & ESTIMATE 1. Visit and become familiar with the project site. Review physical limitations and opportunities of the existing building, including configuration and existing construction details. Review existing building documents. City shall furnish documents(s) showing the existing building improvements. 2. Meet with City Staff to discuss possible concerns and verify program requirements. Review project "wish list" as furnished by the City to ascertain the requirements of the project and arrive at a mutual understanding of requirements with the City. 3. Review the City's proposed schedule and construction budget requirements. 4. Provide Visual Survey jointly with the Waterproofing Consultant paying special attention to previously noted areas of deficiency. 5. Consult with Waterproofing Consultant regarding findings and proposed recommendations. Review final waterproofing report. 6. Attend and witness water testing. Provide input and review' findings. 7. Participate in at least 5 structural investigations by the Structural Engineer to review water damage to the existing building structure caused by moisture infiltration. These investigations will occur at visually accessible areas of the structure. Findings will be based on visual observations and speculated at areas inaccessible to view. 8. Consult with Structural Engineer regarding findings and proposed recommendations. Review final Engineer's report. 9. Along with Waterproofing Consultant, provide recommendations (with alternates) for corrections including methods and materials. 10. Meet with City to discuss methods, materials, and alternates. 11. Coordinate with Estimating Consultant and provide preliminary cost estimate for remediation improvements. Recommendations and cost estimate shall consider the City's S2,150,000 construction budget. 12. Coordinate input from Waterproofing Consultant, Structural Engineer, and Estimating Consultant and provide final report of findings, estimate, and recommendations for remediation improvements. • F. RESPONSIBILITIES OF THE CITY 1. Provide documents accurately and thoroughly describing the existing buildings and the existing site. If necessary, coordinate and pay for required testing for hazardous materials, including lead paint, mold, and asbestos investigation and report. Provide hazardous materials abatement specifications if necessary. e—Y -\c T " /\' f 2. Coordinate and monitor document reviews, checking, and approvals. Pay all agency fees. 3. Pay for reproduction of final report in.excess of copies provided in this Proposal. 4. Provide any required environmental surveys and reports. 5. Provide City's standard report format if necessary. 6. Provide review submissions to City, County, State or Federal Agencies if necessary. 7. Provide access to all areas of the site and building as necessary for consultant reviews. 8. Coordinate meetings and presentations. 9. Provide building repairs and patching due to any necessary testing performed by the Consultant. Consultant is not responsible for repair of finishes or other items damaged by water testing or other investigative reviews occurring during the course of investigations. 10. Provide information regarding the schedule of operation of the facility. 11. Provide any additional information required by the Consultant for proper performance of the work. G. EXCLUSIONS BY MEYER AND ASSOCIATES (Excluded services can be provided upon request by the City). 1. All Consultant or Sub -Consultant services that are not listed as services to be included in our Scope of Services. 2. All Sub -Consultants and disciplines that are not listed as participants on our project team. 3. Excluded services include but may not be limited to the following: a. Construction documents of any kind. b. Artist's renderings or illustrations. Models. c. Environmental impact reports or similar documents. d. Review, permit or similar fees to governmental agencies. e. Preparation or modification of documents due to City changes to previously approved documents or City changes to previous City direction. f. Printing or reproduction of documents in addition to those provided for in this Proposal. g. Studies or analyses not specifically listed as included. Any off-site studies or analyses. Investigations of existing electrical or mechanical building systems, barriers to the disabled, seismic conditions, etc. h. Field utility investigations. Similar onsite surveys or investigations. Measurements of existing buildings or site improvements. i. Geotechnical investigations, soils reports, or other similar investigations or documents. I• Off-site services. k. Consulting of any kind with respect to hazardous materials such as asbestos, mold, or lead paint. I. Building maintenance analyses or reports. m. Destructive testing or x-ray services. n. Materials demolition or removal for evaluations (by City Staff). o. Providing specialized testing equipment or specialty testing by specialty consultants other than listed in this Proposal. P. Fire sprinkler, fire alarm, or smoke control investigation. q. Stage or theater equipment investigation design or stage construction documents. r. Egress analysis. s. Security system or alarm system evaluation. t. Acoustical study. u. Traffic or parking studies or reports. v. Furniture or equipment review. w. Audio or video system review. x. Value engineering. y. Certifications of as -built or record documents for completeness or accuracy. z. Repair of areas damaged or disturbed by the investigations included in this Proposal. EXHIBIT B PAYMENT RATES AND SCHEDULE meyer and associates architecture, landscape architecture, park and recreation planning May 16, 2012 Department of Public Works City Hall 41000 Main Street Temecula, CA 92590 SUBJECT: FEE FOR ARCHITECTURAL SERVICES PRELIMINARY INVESTIGATION OLD TOWN COMMUNITY THEATER REMEDIATION CITY OF TEMECULA, CALIFORNIA We are pleased to submit the following Professional Fee for the provision of professional architectural services for a Preliminary Investigation for the Old Town Community Theater Remediation in the City of Temecula. This Fee is presented in accordance with the City's Request for Proposals and our Proposal of May 16, 2012. The Fee is valid for 180 calendar days from date of submittal. Identification of Offeror: MEYER AND ASSOCIATES 23265 South Pointe Drive Suite 102 Laguna Hills, CA 92653 Tel: 949/380-1151 Fax: 949/380-8117 meyerarch@earthlink.net Contact: Randall K. Meyer Yours truly, MEYER AND ASSOCIATES Randall K. Meyer, Authorized Representative Landscape Architect 3082 Architect C14364 23265 >U�..th po`0e suile 102. Iaqu!ic hills. call outic. 92653 (tell 249/330-1 51 (fox ) 949/380-8117 (or -Kid! k. meyer crchitect 014.36= I_:rxiscope architect 3032 fee Not -To -Exceed Fee Meyer and Associates proposes to complete the Scope of Work for the following not -to - exceed lump sum fee: City Business License Allowance: $ 200.00 General Requirements: 6 City Staff Meetings. $ 3,750.00 2 Presentations (Commission/Council). $ 1,250.00 Building Evaluation/Survey: $ 6,625.00 Leak Investigation/Water Test: $ 14,260.00 Structural Investigation: $ 5,175.00 Architectural Investigation. Reviews. $ 1,000.00 2 City Meetings. $ 1,250.00 Visual Survey. $ 1,000.00 Waterproofing Consultation. S 250.00 Water Testing. $ 2,000.00 Structural Review. $ 2,500.00 Structural Consultation. S 250.00 Recommendations. $ 3,320.00 Estimating. $ 7,900.00 Final Report. $ 5,640.00 Reimbursable Allowances: Final Report (6 Copies). S 600.00 Subconsultant Reimbursables (Waterproofing). S 350.00 Subconsultant Reimbursables (Structural). S 350.00 Subconsultant Reimbursables (Estimating). $ 350.00 Architect's Reimbursables. S 350.00 TOTAL NOT -TO -EXCEED FEE S 58,370.00 The above fees include costs for transportation, telephone, interim submittals, and normal insurance coverage. Meyer and Associates understands the City will furnish information and services listed after our Scope of Services. These fees have been based on the Project Description and Scope of Services. Meyer and Associates will provide construction documents for improvements within the limits of the Project Description and Scope of Services. Documents for improvements exceeding the Project Description and Scope of Services are not included. Should the Project Description or Scope of Services be altered, the fee may be adjusted accordingly. Services will be billed on an hourly basis for actual work performed up to the total not -to - exceed fee. The breakdown of fees above is a guideline only to illustrate individual fee components of overall services. Actual work performed will be responsive to specific job requirements and may vary significantly from the itemized listing above fee Standard Hourly Rates 1. MEYER AND ASSOCIATES will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal S 125.00 Project Coordinator $ 125.00 Project Architect S 100.00 Project Landscape Architect $ 100.00 Architectural Designer $ 85.00 Landscape Architectural Designer S 85.00 AutoCAD Operator S 60:00 Word Processor S 30.00 Site visit or Meeting S 750.00 Subconsultant Services cost + 15% 2. MHP will provide services as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal S 150.00 Engineer $ 130.00 Project Manager S 120.00 Designer S 105.00 AutoCAD Draftsperson S 85.00 Clerical $ 70.00 (Additional Site Visit or Meeting) $ 600.00 3. D7 CONSULTING will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: General Consulting S 225.00 CAD Draftsman S 100.00 Administrative $ 80.00 4. O'CONNOR CONSTRUCTION MANAGEMENT will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Senior Project/Construction Manager S 155.00 Senior Estimator/V.E. Support S 155.00 Senior Scheduler $ 155.00 Constructability Reviewer S 155.00 Computer Consultant S 1 20.00 Notes: 1. The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. Sundays and holidays will be charged at 2.00 times the standard hourly rates. FXi-t`IT- \E,1I fee Fee Notes 1. Consultation in connection with Contractor disputes, arbitration, litigation, court appearances and additional consultants will be quoted separately and is not a part of this proposal. 2. Additional billing classifications may be added to the above listing during the year as new positions are created. 3. It should be noted that the foregoing wage rates are effective through January 1, 2013. The rates may be negotiated with the City after that date to compensate for labor adjustments and other increases in costs. 4. Services of outside consultants not listed in this proposal shall be billed at our direct cost, plus 15% of the actual cost of their services for coordination. 5. Reimbursable items, such as the cost of blueprinting, graphic reproduction, FAX, and plotting shall be billed at our direct cost plus 15%. Auto travel will be charged at $0.40 per mile. 6. It is the responsibility of Meyer and Associates to schedule the project's completion under normal conditions without the use of its staff on an overtime basis. If the City adjusts the deadline or requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by Meyer and Associates. The hourly rates for overtime will be one and one-half (1 %) times the standard hourly rates except for Sundays and holidays, which will be two (2) times the standard hourly rates. 7. We will bill on a monthly basis in proportion to the , time spent on the project. All billing statements are due upon receipt. Interest will be charged at the rate of 1 %: % per month on the past due balance thirty days and over. Meyer and Associates shall have the right to stop work should accounts become past due. 8. Fees contained herein are valid for 180 days from the date of this Proposal. • • OLD TOWN TEMECULA COMMUNITY THEATER DEDICATED OCTOBER 4, 1003 CITY 01 TEMECUEA CITY COUNCIL ,(l1 COMERCH140, .MAYOR . 40l RORERTS, MAYOR PROTEM MICHAEL S. NAGGAR, COUNCILMIMBER CMUCS WASHINGTON, COU.NCILMEMBER ' MARI'ANN EDWAROS. COUNCILMFMBER- SHAW I 0 .3 L1SON. CITY MANAGER schedule of work project schedule schedule of proposed hours �`1C 1 1T i schedule of work Project Schedule (Estimated) Subject to alterations in the best interest of the City of Temecula we propose to schedule this project as follows (please reference our Scope of Work) based upon our previous scheduling experience and track record. Task Work Weeks Notice -To -Proceed (Actual Date Unknown) 00 Subconsultant Agreements. 00 - 02 Building Evaluation Survey Visual Survey. 03 Report. 04 Photo Essay. 04 Leak Investigation/Water Test Day 1 Testing. 05 Day 2 Testing. 05 Photo Documentation. 05 Written Recommendations. 06. Structural Investigation Review Existing Structural Design. 01 - 02 Review Existing Report/New Findings. 01 - 02 Site Observations. 03 - 08 Analysis and Report. 09 Architectural Investigation, Estimate, Report Review Buildings and Related Documents. 01 - 02 Staff Meeting/Budget Review/Schedule Review. 01 Visual Survey. 03 Consult With Waterproofing Consultant. 04 Water Testing. 05 - 06 Structural Investigations. 03 - 08 Consult With Structural Engineer. 09 Recommendations. 10 - 12 Meet With City. 13 Estimating. 14 - 15 Final Report. 14 - 15 Schedule Clarification The time during which the Consultant is delayed in its work by the acts of neglect of the City or its employees or those under it by contract or otherwise, or by Act of God which the Consultant could not have foreseen and provided for and which is not due to any fault or negligence on the part of the Consultant, shall be added to the time of completion of the work and the Consultant shall not be liable for any damages on account of such delay. Scheduling Commitment Meyer and Associates will proceed with the project immediately upon receipt of approval and Notice to Proceed from the City. This project will be given a high priority for the duration of the work. Our office is committed to meeting the deadlines set forth in the schedule presented above. 0 Schedule of Proposed Hours CLERICAL (HOURS) 0 : 40tid i 0. <ca 1 i i C) .icgic,jd : :- ::::: C) i i C) 466dult.I.:6i--"-;4 .i 6 -<4acidd 0 ESTIMATOR (HOURS) ccid 46 ciaidd 4a566W,-1:6±-:-; A. 40.0 .r.; ,iaidd r.i 1. STRUCTURAL ENGINEER (HOURS) i , 06 itf:i ‘c?.i..T: M: <iccid0..icrici0Wu:6±-iNi !!!°:!°!111 N N I ,i M(c..,'icc.! 466d 't WATERPROOFING CONSULTANT (HOURS) I NcOui 1 ai Li air: 4� - 4 ad 6 el ,i ad Li ci ul u: 6 .- -i %i 4 4 ad o0 83.0 • ARCHITECT (HOURS) 1 4 ai Li 4 6 ‘i 6 ci ci 00000000000 64mic4664-44466 --N N 4 <4 ad 6 ci ul u: Li ± - --i %i : 4 0:!!0 4 ad Li ci g) co < 1-- 1. Building Evaluation Survey. A. --ViSual Survey.- - B. Narrative Report. C. Photographic Essay. 2. Leak Investigation/Water Test. A. Docunientation (3 Man Team). B. Report. 3. Structural Investigatioli. A. Reviews. B. Site Observations. C. Team Meeting. D. Report. 4. Architectural Investigation. A. Reviews. B. City Meetilig. C. Visual Survey. D. Waterproofing Consultation. E. Water Testing. F. Structural Review. G. Structural Consultation. H. Recommendations. I. City Meeting. J. Estimating. K. Final Report. 5. Estimating. A. Preliminary Cosi Estimate. 6. Reimbursable ServiCett. A. Printing/Reproduction/Plotting. B. Miscellaneous (Waterproofing Consultant). C. Miscellaneous (Estimator'. D. Miscellaneous (Structural Engineer) 7. Estimated Total Hours FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RANDY MEYER DBA MEYER AND ASSOCIATES PW12-04 OLD TOWN TEMECULA COMMUNITY THEATER REMEDIATION THIS FIRST AMENDMENT is made and entered into as of November 13, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Randy Meyer dba Meyer and Associates, a dba (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 June 12, 2012, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services", in the amount of $58,400, plus contingency in the amount of $15,000. b. The parties now desire to add scope of work, increase the payment in the amount of $228,895, increase the contingency in the amount of $22,889.50, and to amend the Agreement as set forth in this Amendment. 2. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Two Hundred Twenty Eight Thousand Eight Hundred Ninety Five Dollars and No Cents ($228,895.00), plus 10% Contingency of Twenty Two Thousand Eight Hundred Eighty Nine Dollars and Fifty Cents ($22,889.50) for the additional services of full working drawings and construction support for a total Agreement amount of Two Hundred Eighty Seven Thousand Two Hundred Ninety Five Dollars and No Cents ($287,295.00), plus Contingency in the amount of Thirty Seven Thousand Eight Hundred Eighty Nine Dollars and Fifty Cents ($37,889.50), for a total of Three Hundred Twenty Five Thousand One Hundred Eighty Four Dollars and Fifty Cents ($325,184.50). 3. Exhibits "A" and "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. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RANDY MEYER dba MEYER AND 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: Chuck Washington, Mayor Randy Meyer, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Randy Meyer dba Meyer and Associates Randy Meyer [23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 (949) 380-1151 (949) 380-8117 meyerarch(a�earthlink.net 2 PM Initials:DI Q Date: J/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 k-TAkt meNsc OLD TOWN TEMECULA COMMUNITY THEATER DEDICATED OCTOBER 4, 2005 CITY OF TEMECULA CITY COUNCIL IEEE COMERCHERO, MAYOR RON ROBERTS. MAYOR PRO TEM MICHAEL S. NAGGAR, COUNCILMEMBER CHUCK WASHINGTON, COUNCILMEMBER MARYANN EDWARDS, COUNCILMEMBER SHAWN 0. NELSON, CITY MANAGER scope of work project description products and materials scope of work scope of work Revised Project Description Completed in 2005, the Old Town Temecula Community Theater, located at 42051 Main Street, Temecula, CA is inclusive of two structures: a 361 seat multi-level Performing arts Theater encompassing approximately 21,490 square feet which also contains a dance studio and classrooms, and the Mercantile Building ("The Merc") which is approximately 2,150 square feet and serves as the ticket office, visual arts display space, a 48 seat performance area, concessions and restrooms. Between and adjacent to these structures is a courtyard, and there are wooden covered walkways throughout. SHEET METAL ROOFS 1. Reconstruct sheet metal roof over second floor exterior exit corridor. 2. Replace missing, and reinstall/adhere loose or falling out foam bird stops at lower ends of corrugated metal panels. 3. Structural Steel "I" column flashing/transitions/tie in conditions: a. Construct housings around steel columns. b. Secure metal flashings and counter flashings to steel column housings. c. Tie in new flashings to existing metal roof panels. 4. Remove and replace unadhered and split sealant at gutter joints and downspouts. Install pop -rivets at gutter seams prior to sealant application. 5. Correct unsafe and protruding section of gutter assembly at south stair case around elevator shaft approaching second floor deck area. a. Relocate stair handrail to guide pedestrians away from gutter overhang. 6. Remove bird waste debris and miscellaneous debris built up on roof areas, metal drainage valleys, and gutters. 7. Install new section of gutter which is missing and is necessary to prevent drainage directly onto west second floor deck area. BUILT-UP ROOFS 1. Apply a white protective elastomeric surface coating over the entire roof surface and wall flashings to preserve and retard further surface erosion, oxidation and deterioration of asphalt roofing membranes. This corrective item will alleviate the following deficient conditions: 1. Granular surfacing Toss/erosion. 2. Minor surface mud cracking in cap sheet surfacing. 3. Minor areas of exposed fiberglass reinforcing along edge of cap sheet surfacing sheets. 4. Protect minor linear buckling which is noted randomly from potential splitting. 2. Monitor the areas of ponding water and deflected/low decking. Apply reinforced coating system as noted above. 3. Clean up and remove miscellaneous debris, granular surfacing debris, and bird waste debris. 4. Reseal various sheet metal flashing conditions, joints, terminations with splitting sealant joints at coping metals, ledge cap flashings and duct work connections. 5. Reconstruct metal flashings at new steel column housings. 6. Re -install counter flashing metal assemblies and properly flash with integral wall flashing membranes. 7. Install missing counter flashing metal at hatches and HVAC curbs. 8. Remove and replace splitting sealant at coping metal joints. 9. Install new wood diagonal wall support beam and metal flashing cap at Southeast corner of Restroom Building roof. 10. Remove existing unadhered and splitting sealant at joints in gutter systems. Install pop rivets at lap seams and apply a quality urethane sealant over all joint conditions. 11. Maintain an annual comprehensive and preventative roof maintenance program to monitor roof system conditions. EXTERIOR WALL CLADDING 1. Demolition: a. Remove and recycle the existing cedar plank siding installed on the exterior of building. b. Remove and dispose of all of the water resistant membrane materials and flashing tapes and expose the plywood sheathing or gypsum board sheathing. c. Remove and dispose of all of the metal flashings materials. d. Remove and dispose of all of the exterior wood framed window and h.m. door assemblies. 2. Inspect Existing Structural Sheathing and Wall Framing. a. All exposed plywood wall sheathing and sheathing nailing shall be inspected by the rehabilitation project Structural ATVt-tt�n�+J ; i IA k 1 Engineer of Record, and all identified damaged plywood sheathing shall be removed and replaced. The minimum permitted size of sheathing removal shall be 4 -ft by 4 -ft. For preliminary estimating purposes, it is anticipated that 5% of the exterior wall sheathing will require replacement. b. The Structural Engineer of Record shall inspect the underlying stud wall framing, and all identified rot damaged stud wall framing shall be removed and replaced with new framing of same size and grade. For preliminary estimating purposes, it is anticipated that 1% of the exterior stud wall framing will require replacement. 3. Provide Exterior Sheathing Repairs: a. Replace all areas of deteriorated plywood sheathing or gypsum board sheathing. b. Remaining stud wall framing and plywood sheathing located immediately adjacent to repaired areas shall be treated with a surface applied wood preservative. c. New 8d plywood sheathing nails shall be installed in between existing corroded nails. 4. Install Water Resistant Membrane: a. Install a new Fluid Applied Water Resistant Membrane system to all exterior surfaces, fenestrations openings and penetrations. 1. Membrane system should also be an air barrier system to make building more energy efficient. 5. Install new sheet metal wall flashings. Provide sheet metal flashings at wall sill plates with inadequate clearance to exterior paved surfaces. 6. Install new cement board siding material on the entire exterior of building to replace existing wood siding. EXPOSED STEEL BRACE FRAMES 1. Attach wood or metal furring members and construct plywood housings around exposed exterior steel "1" columns, "1" beams, tube braces, and gusset plates. 2. Install new Fluid Applied Water Resistant Membrane system continuous with exterior wall membrane system. 3. Install exterior plaster finish over lath. ATtk - kA k‘ WINDOWS AND EXTERIOR DOORS 1. Install new exterior window and door systems utilizing integral flanged assemblies at all window and door frames. 2. Apply reinforced liquid applied flashing materials into and around all building fenestration openings. 3. Install sill pan flashing, either a traditional metal sill pan or a fluid applied sealant sill pan detail along the interior finished side of window/door assembly. 4. Install flanged window and door frames, properly securing to fenestration opening. 5. Flash the flanged window/door frames with an additional application of fluid applied flashing membrane. 6. Install new doors and door hardware. 7. Install a head metal diverter flashing over windows/doors. SECOND FLOOR EXTERIOR SCREEN WALLS 1. At exterior second floor screen walls, removal all horizontal boards and install 2x wall studs between existing posts. Install double wall plates and plywood sheathing both sides. 2. Install membrane, membrane flashings, base and coping flashings, and siding to match exterior walls. EXTERIOR GUARDRAILS AND HANDRAILS 1. Remove existing wood guardrail systems and replace with a manufactured brushed aluminum framed guardrail system with mesh inserts similar in style to existing. 2. Remove existing galvanized steel pipe handrails and replace with a similar handrail design with brushed aluminum finish. ELEVATOR SHAFT 1. Remove sheet metal cladding and water resistant membrane. Remove all cladding and membrane fasteners. Removal all wood beam outlooker stair supports. Remove all sheet metal flashings. Remove elevator door trim. 2. Inspect exposed plywood or gypsum wallboard sheathing for deterioration, delaminating surfaces, dry rot, or other condition affecting the integrity of the sheathing material. Replace sheathing materials determined to be unserviceable. AlT k-1 A 3 "A\\ 3. Install correct flashings and apply new multi -step waterproof membrane system to provide a continuous membrane encapsulating all exterior surfaces, extending into door rough openings, and protecting all wall penetrations. 4. Install mortar bed over lath and apply thin -brick veneer. Thin brick shall be selected and installed to match exterior brickwork of the existing 'Merc' Building. Seal all brick and mortar joint surfaces. Reinstall elevator door trim. Reinstall surface mounted fixtures and accessories. EXTERIOR STAIRS 1. Remove wood framed stair structures at east side of building and at elevator shaft. Remove wood outlooker stair supports where they occur. 2. At locations of removed stairs, install new self-supporting structural steel stair structures with steel tread pans and concrete treads (similar to interior stair construction). 3. Install new self-supporting structural steel stair structure at west second floor deck area. New staircase to be perpendicular to building and extend into existing parking lot. SECOND FLOOR EXTERIOR DECKS Fluid Applied Waterproofing and Tile Deck System: 1. Demolition Work: a. Remove existing deck traffic coating system, metal edge and "L" flashings, gutters and guardrail post supports. b. Remove structural sheathing layers to expose wood beam and engineered truss system. 2. Provide Structural Adjustments and New Sheathing: a. Replace structural deck framing elements to accommodate new elevations, slope requirements, and new deck surfacing. 1. South Theater Deck: Shore the interior cross-over balcony framing. 2. South Theater Deck: Sawcut and remove the top chord of the exposed I -joist framing between the exterior face of the south wall elevation and the glulam beam at the balcony edge. 3. South Theater Deck: Remove all blocking, conduit, and wiring as required to permit installation of new 1-3/4- MCtA M*.QJT ' t R \ inch wide by 1 1-1 /4 -inch deep, full length parallel strand (PSL) or laminated veneer (LVL) joists at each face of each modified I -joist. Provide infill blocking between new joists and web of modified I -joists. Stitch new joists at each face of TJI together with two rows of wood screws spaced at 12 inches on -center. 4. South Theater Deck: Install new 3/4 -inch thick plywood and lightweight concrete topping over new floor joists. 5. West Second Floor Deck: Remove 1 1 -7/8 -inch deep (- joist framing. 6. West Second Floor Deck: Remove all blocking, conduit, and wiring as required and install new 1-3/4- inch wide by 9 -inch deep, full length parallel strand (PSL) or laminated veneer (LVL) joists at 16 inches on -center. 7. West Second Floor Deck: Install new 3/4 -inch thick plywood and lightweight concrete topping over new floor joists. 8. All deck areas to have uniform slope to a perimeter edge gutter system. 9. Second floor exterior exit corridor will be sloped as exists to interior deck drains. b. Existing second floor west deck access staircase will be framed in to form a uniform rectangular deck area. 1. New staircase to be added perpendicular to building and shall extend into existing parking lot. c. Construct new structural sloping deck system. 3. Install Waterproofing System: a. Install Fluid Applied Waterproofing membrane system designed for mortar bed and tile application. b. Install new reinforced fluid applied and new metal flashings, "L" metal, sill pans, and edge metals. c. Install gutters with two piece construction, with primary gutter system attached to building and edge metal flashing system installed over the gutter system. 4. Install tile deck system over completed waterproofing membrane system. MISCELLANEOUS EXPOSED WOOD STRUCTURAL MEMBERS 1. To minimize the potential for future wood -rot deterioration, the exposed wood framing should be sealed with an appropriate wood PAT ttMVQi 1A\ stain or paint. Regular inspection and maintenance of the exposed wood framing will be required to slow weathering deterioration. It should be noted that even with a diligent maintenance program, future wood rot deterioration of exposed wood framing cannot be completely prevented, and long-term repair/replacement of the exposed framing members should be anticipated. MISCELLANEOUS FACADE MODIFICATIONS 1. To help minimize structural steel building penetrations and to reduce bird nesting opportunities, frame in existing Crossover Catwalk located above Crossover Gallery C310 to create enclosed attic space. Provide recommended siding over recommended waterproofing membrane. Add louver vents as required to adequately ventilate the new enclosed attic space. INTERIOR FINISH REPAIR 1. At Dressing Rooms, Men's Toilet Room, Green Room, Corridors, miscellaneous locations in the Theater, and areas adjacent to new doors/windows, remove and replace damaged interior gypsum wallboard finishes. Provide texture to match existing gypsum wallboard that is to remain. Replace damaged rubber or vinyl base and paint entire wall, ceiling surface, or room. Replace carpet where water stains are evident. 2. Replace water damaged or compromised Tight fixtures. IMPROVEMENTS TO THE SCENE SHOP Install an 8' wide by 24' long pre-engineered modular mezzanine along the south wall as well as an 8' wide by 18' long pre-engineered modular mezzanine along the north wall. Provide steps on the west end of each mezzanine. Install 2 reversible exhaust type fans in existing wall as permitted by building and energy codes. IMPROVEMENTS TO BUILDING EXTERIOR Reconstruct curb on north side of loading dock as necessary to allow for easier access to longer (48' and 53') trailers or buses. Modify adjacent paved areas, landscape, and irrigation system. A1TAC M.oi tP11 scope of work Products and Materials Built -Up Roof Repair Roof Coating: Exterior Wall Repair Waterproof Barrier System: Cement Board Cladding: Thin Brick Veneer: Veneer Sealer: Aluminum Clad Windows: H.M. Doors: H.M. Door Frames: Stairways Structural Steel: Handrails and Guardrails Metal Railing System: Deck Repair Sloping Deck Bed Binder: Urethane Waterproof Membrane: Quarry Tile: Optional Deck Coating: Natural Coatings Acryshield A400 Prosoco R -Guard° • GypPrime • Joint and Seam Filler • FastFlash • Cat5 JamesHardie Artisan Lap Siding Pacific Clay (Match the 'Mere) Okon S-40 By Rustoleum Marvin Double -Hung ADL Ceco 14 Ga. Flush Door Karpen Stl. Custom 'Split' Frame (With Special Flange) Custom With Concrete Treads 'Regency' Aluminum with Mesh Panels By Architectural Railings and Grilles Neogard Epoxy Aggregate Binder CIM 1000 by C.I.M. Eastern, Inc. DalTile (Multiple Colors) TeraPro by Siplast scope of work Revised Scope of Work The following Scope of Services reflects our interpretation of required work tasks necessary to achieve the desired construction document preparation and construction support for remediation improvements to the existing Old Town Community Theater in the City of Temecula. It is the intent to produce construction documents that meet the objectives of the City of Temecula in terms of work scope, budget limitations, accessibility, design quality, innovation, and established schedules. To assure achievement of this goal, adjustments to this program can be made. The proposed scope of work will include, but may not be limited to, the following: A. GENERAL REQUIREMENTS 1. Meet with the City Staff to coordinate project design. We will attend project meetings with City Staff or design committees required for normal design and processing of the work. Public meetings, Commission level presentations, or City Council presentations are not anticipated and are not included herein. Meet with City Staff to discuss project alternatives. 2. Provide recommendations in relation to the Project Description, Budget and desired Scope of Improvements. The City's anticipated construction budget is $2,700,000. B. INITIAL DESIGN PHASE 1. Review existing site documents and as -built building plans. City shall furnish documents showing the existing site and building improvements. 2. Meet with City Staff to discuss possible concerns and verify program requirements. Review previously selected products and materials. 3. Review the proposed schedule and construction budget requirements. 4. Prepare AutoCAD drawings of the existing facility to use as base documents for the proposed improvement plans. Prepare base site plan, floor plans, roof plans, exterior elevations, and sections as necessary to provide the proper basis for plans illustrating all proposed repair improvements. 5. Provide field review and limited measurements to update plans for visible as -built conditions affecting new improvements. 6. Investigate existing construction details at specific locations. 7. Review proposed improvements with Project Team and distribute base drawings. 8. Provide research to confirm detailed methods of construction. 9. Provide research to confirm selection of appropriate products and materials. 10. Coordinate Project Team research and input, C. CONSTRUCTION DOCUMENTS PHASE 1. Prepare design development plans (50% ±) to illustrate actual scope of improvements. Plans shall be prepared as a single construction document package. Plan organization 1Tf+-tF M \J t ' A" for alternative packages or phasing of improvements is not anticipated at this time. Submit review sets to Staff as required. 2. Revise plans as necessary in accordance with City comments within the Project Scope. 3. Prepare preliminary opinion of probable construction cost for improvements. 4. Prepare 100% final plans, specifications, opinion of probable construction cost, required calculations, and bidding documents in sufficient detail to obtain competitive bids. Plans shall incorporate City standards and meet Federal, State and Local requirements, as necessary. 5. Submit final documents for final review as required (Plan Check). City shall process documents through required departments or agencies. 6. Provide constructability review of final plans. 7. Correct plans, as required, and resubmit final documents for the City's final approval. 8. Assist City during the project bidding. D. CONSTRUCTION SUPPORT 1. Attend pre-bid meeting or walkthrough to be organized by the City (Architect). 2. Provide answers to pertinent pre-bid questions. 3. Attend pre -construction meeting (Architect). 4. Attend pre -construction roofing and waterproofing meeting (Architect and Waterproofing Consultant). 5. Review shop drawings, samples, and other appropriate submittals. Shop drawings will be reviewed for general compliance with project construction drawings and project intent. For each required building element, review initial submittal only. Resubmittals and substitution requests will be handled as extra services. 6. Provide regular site visitations and reports on construction progress and quality. 16 by Architect, 2 by Structural Engineer, and 4 by Waterproofing Consultant. 7. If requested, review monthly payment requests at regular site visitations and make recommendations to the City. 8. Assist in determining and processing change orders caused by errors or omissions in the plans. Change order assistance for City changes in project scope or for changes due to unforeseen circumstances can be handled as extra services. 9. Participate in final project review as scheduled by the City and provide final "punch list." Review by Architect, Electrical Engineer, Waterproofing Consultant. 10. Provide reasonable assistance to the City during construction to clarify the intent of the plans and specifications. Review and respond to RFI's. E. QUALITY ASSURANCE 1. Provide an on-site Quality Assurance Observer to monitor the construction process as it pertains to the roofing or waterproofing application. Strive to make sure roofing and waterproofing are applied in accordance with the specifications. Work to assure ATV * 1 k pt1 proper application procedures are followed and that criteria for validation of Manufacturer's warranties are met. Document the Roofing or Waterproofing Contractor's work related to the following: • Membrane Type & Construction. • System Attachment. • Flashing Components and Application. • Application Procedures. • Wall Coverings. • Sheet Metal Accessories. F. POST CONSTRUCTION SUPPORT 1. Review Contractor's as -built markups and comment on thoroughness of the Contractor's preparation. 2. Prepare record drawings from Contractor prepared as -built drawings. 3. Furnish one (1) set of mylar "record" drawings containing as -built information. G. RESPONSIBILITIES OF THE CITY 1. Provide documents accurately describing the existing building and the existing site, illustrating all existing utilities of record. Provide project soils report and survey if required. Coordinate and pay for required testing for hazardous materials, including lead paint, mold, and asbestos investigation and report. Provide hazardous materials abatement specifications if necessary. 2. Coordinate and monitor document reviews, checking, and approvals. Pay all agency fees. 3. Pay for reproduction of final bid documents (plans and specs) for bidding and construction. 4. Provide construction administration and inspection services. 5. Provide any required environmental surveys and reports. 6. Provide City's standard title block or title sheet format if necessary. 7. Furnish City's standard front end bid documents ("Boiler Plate") in final form for the project specifications. 8. Provide plan check submissions to City, County, State or Federal Agencies if necessary. 9. Provide access to all areas of the site and building as necessary for consultant reviews. 10. Coordinate meetings and presentations. 1 1 . Provide technical assistance regarding operation of the facility. 12. Provide any additional information required by the Consultant for proper performance of the work. 13. Provide documents or files to Contractor for as -built drawings. MT t6 Wn rJ ► 't H. EXCLUSIONS BY MEYER AND ASSOCIATES (Excluded services can be provided upon request by the City). 1. All Consultant or Sub -Consultant services that are not listed as services to be included in our Scope of Services. 2. All Sub -Consultants and disciplines that are not listed as participants on our project team. 3. Excluded services include but may not be limited to the following: a. Construction documents for improvements other than those listed in the Project Description. b. Artist's renderings or illustrations. Models. c. Environmental impact reports or similar documents. d. Plan check, permit or similar fees to governmental agencies. e. Preparation or modification of drawings or documents due to City changes to previously approved documents or City changes to previous City direction. f. Printing or reproduction of documents for project bidding or construction. g. Studies or analyses not specifically listed as included. Any off-site studies or analyses. Investigations of existing building systems, barriers to the disabled, seismic conditions, or other items not related to waterproofing repair. h. Field utility investigations. Similar onsite surveys or investigations. Detailed measurements of existing buildings or site improvements. i. Geotechnical investigations, soils reports, or other similar investigations or documents. Off-site services including off-site utility connections, studies, or research. k. Street improvement documents. I. Consulting of any kind with respect to hazardous materials such as asbestos, mold, or lead paint. m. On-going grounds or building maintenance analyses or reports. n. Destructive testing or x-ray services. o. Materials demolition or removal for evaluations. p. Providing specialized testing equipment or specialty testing by specialty consultants. Fire sprinkler, fire alarm, or smoke control engineering or construction documents. q. r. Stage design or stage construction documents. Performance related upgrades. s. Timed egress analysis or fire modeling. Exiting studies or analyses. t. Alternative or phased plans. u. Security system or other alarm system design. Pt -TP tt M i' p 1 v. Acoustical study or design by an acoustical consultant. w. Traffic or parking studies or reports. x. Furniture or equipment design, layout, specifications, or purchasing. Interior design. y. Wiring design for data and telephone. z. Audio or video systems. aa. Sub -surface site drainage systems. bb. Foundation system upgrades. cc. Prestressed concrete design. dd. Boundary survey, topographic survey, or similar documents. ee. SUSMP or hydrology study. Storm water management consulting. Erosion control plans. ff. Value engineering. gg• Certifications of as -built or record documents for completeness or accuracy. The Architect will not have sufficient knowledge of the day-to-day operations of the Contractor to make such a certification. hh. Building upgrades to new building or accessibility codes. New improvements will comply as required. ii. Title 24 energy calculations or forms, or related Title 24 or energy studies. Building upgrades to new Title 24 codes or guidelines. jj• Consultation concerning replacement of any work damaged by fire or other cause during the course of the Consultant's or Contractor's work, and furnishing services as may be required in connection with the replacement of such work. kk. Services made necessary by the default of the Contractor, or by major defects or deficiencies in work by the Contractor. Consultation for correction of Contractor errors or omissions. OLD TOWN TEMECULA COMMUNITY THEATER DEDICATED OCTOBER 4, 2005 CITY OF TEMECULA CITY COUNCIL JEFF COMERCHERO, MAYOR RON ROBERTS, MAYOR PRO TEM MICHAEL S. NAGGAR, COUNCILMEMBER CHUCK WASHINGTON, COUNCILMEMBER MARYANN EDWARDS, COUNCILMEMBER SHAWN D. NELSON, CITY MANAGER schedule of work project schedule 'p\( schedule of work Project Schedule (Estimated) Subject to alterations in the best interest of the City of Temecula we propose to schedule this project as follows (please reference our Scope of Work) based upon our previous scheduling experience and track record. This is a schedule that will require expedited reviews and decision making on the part of the City. Task Work Weeks Notice -To -Proceed (Actual Date Unknown) 00 Subconsultant Agreements. 00 - 02 Initial Design Phase Site Review. 01 Document Review. 01 Staff Meeting/Schedule and Budget Review. 01 AutoCAD Base Documents — Building Floor Plans (6). *01 - 03 AutoCAD Base Documents — Building Roof Plan (2). *03 AutoCAD Base Documents — Site Plan. *04 - 05 AutoCAD Base Documents - Building Elevations (3). *04 - 05 Sections. *04 - 05 Methods of Construction. *01 - 03 Products and Materials Review. *03 - 05 Construction Documents Design Development (50%±). *06 - 10 Cost Opinion. *09 - 11 City Review. 12 100% Documents. *13 - 18 Final Cost Opinion. *17 - 19 City Review (First Plan Check). 20 - 22 Plan Check Comments. 23 - 24 Plan Approval. 25 Schedule Clarification The time during which the Consultant is delayed in its work by the acts of neglect of the City or its employees or those under it by contract or otherwise, or by Act of God which the Consultant could not have foreseen and provided for and which is not due to any fault or negligence on the part of the Consultant, shall be added to the time of completion of the work and the Consultant shall not be liable for any damages on account of such delay. Scheduling Commitment Meyer and Associates will proceed with the project immediately upon receipt of approval and Notice to Proceed from the City. This project will be given a high priority for the duration of the work. Our office is committed to meeting the deadlines set forth in the schedule presented above. *Meyer and Associates anticipates the need for an expedited schedule for construction to occur during the summer of 2013, and will work to shorten these periods of work to complete construction documents in the shortest possible time without compromising the quality or thoroughness of the plans. 0601�-PseM_N,1 ii p,,&1 OLD TOWN TEMECULA COMMUNITY THEATER DEDICATED OCTOBER 4, 2005 CITY OF TEMECULA CITY COUNCIL IEFF COMERCHERO, MAYOR RON ROBERTS, MAYOR PRO TEM MICHAEL S. NAGGAR, COUNCILMEMBER CHUCK WASHINGTON, COUNCILMEMBER MARYANN EDWARDS, COUNCILMEMBER SHAWN D. NELSON, CITY MANAGER fees f�'CS li NVE. T t tA\ professional fee (Revised) Meyer and Associates proposes to complete the Scope of Work for the following not -to -exceed lump sum fee: General Requirements: Maximum 6 Project Meetings With City Staff (Architect). $ 3,000.00 Team Meetings. $ 2,500.00 Initial Design: Material Research. $ 2,400.00 Mezzanine Research. $ 800.00 Design Solutions. $ 2,400.00 Investigate and Measure Limited Existing As -Built Conditions (Architect). $ 1,800.00 Investigate Specific Construction Details (Architect). $ 1,200.00 Investigate Existing Conditions (Electrical Engineer). $ 750.00 Structural Design Refinement. $ 2,200.00 Create Base Drawings (12+ Sheets). $ 8,800.00 City Coordination and Status Reporting. $ 480.00 Construction Documents: 50% Final Plans: Coordination with Sub Consultants (Management). $ 2,160.00 City Coordination and Status Reporting. $ 480.00 Architectural Drawings. $ 28,720.00 Structural Engineering (Calcs/Drawings). $ 6,600.00 Mezzanine Foundation Design (Structural Engineer). $ 1,100.00 Waterproofing Consultant Design Review. S 2,350.00 Waterproofing Specifications. $ 4,085.00 Electrical Engineering. $ 4,125.00 Mechanical Engineering. $ 1,800.00 Specifications Index (Olitsky). $ 1,200.00 100% Final Plans: Coordination with Sub Consultants (Management). $ 2,160.00 City Coordination and Status Reporting. $ 480.00 Architectural Drawings. $ 44,720.00 Structural Engineering (Calcs/Drawings) $ 13,200.00 Mezzanine Foundation Design (Structural Engineer). $ 1,100.00 Waterproofing Consultant Design Review. 5 2,350.00 Waterproofing Specifications. $ 4,085.00 Electrical Engineering. $ 4,125.00 Mechanical Engineering. $ 1,800.00 Hardware Consultant. $ 1,400.00 Architectural Specifications (Olitsky). $ 7,100.00 Plan Check. $ 3,040.00 Construction Support: Pre -Bid Meeting (Architect). $ 500.00 Pre -Construction Meeting (Architect). $ 500.00 Roofing and Waterproofing Pre -Job Meeting (Architect). $ 750.00 Roofing and Waterproofing Pre -Job Meeting (Waterproofing Consultant). $ 1,750.00 Shop Drawings/Submittal Review (Architect). $ 2,750.00 Shop Drawings/Submittal Review (Structural Engineer). $ 2,500.00 Shop Drawings/Submittal Review (Waterproofing Consultant).' $ 3,960.00 Shop Drawings/Submittal Review (Electrical Engineer). $ 800.00 Site Visits: 16 (Architect). $ 8,000.00 Site Visits: 2 (Structural Engineer). $ 4,400.00 Site Visits: 4 (Waterproofing Consultant). $ 6,930.00 Final Review/Report (Architect). $ 830.00 Final Review/Report (Electrical Engineer). $ 900.00 2 Final Reviews/Reports (Waterproofing Consultant). $ 3,465.00 Clarification Allowance (RFI's). $ 1,750.00 Quality Assurance: Quality Assurance Observer (Waterproofing Consultant)." $ 16,500.00 Post Construction Support: Review As -Built Markups (Allowance). $ 800.00 Record Drawings (Allowance). $ 2,500.00 Sub -Consultant Reimbursable Allowance: $ 1,000.00 Printing/Reproduction Allowance: Review Plans (Maximum 9 sets). $ 1,800.00 Mylar Plans. $ 2,000.00 TOTAL NOT -TO -EXCEED FEE Based on 16.0 hours for Waterproofing Consultant. "• Based on 20 days of quality observation by Waterproofing Consultant. $ 228,895.00 t\AR) 1A A" The above fees include costs for transportation, telephone, interim submittals, and normal insurance coverage. Meyer and Associates understands the City will furnish information and services listed after our Scope of Services. These fees have been based on the Project Description and Scope of Services. Meyer and Associates will provide construction documents for improvements within the limits of the Project Description and Scope of Services. Documents for improvements exceeding the Project Description and Scope of Services are not included. Should the Project Description or Scope of Services be altered, the fee may be adjusted accordingly. Services will be billed on an hourly basis for actual work performed up to the total not -to -exceed fee. The breakdown of fees above is a guideline only to illustrate individual fee components of overall services. Actual work performed will be responsive to specific job requirements and may vary significantly from the itemized listing above. Subconsultant Fee Summaries Waterproofing Consultant. Structural Engineer. Electrical Engineer. Specification Writer. Mechanical Engineer. $ 45,475.00 $ 28,900.00 $ 9,050.00 $ 8,300.00 $ 3,600.00 TOTAL $ 95,325.00 Check Fee by Percentage of Construction Cost • Fee at 8.5% of construction cost of $2,700,000= $ 229,500.00 • Selective demo plans. 15 at $1 ,200/sheet = $ 18,000.00 • Quality assurance. Lump sum = $ 16,500.00 • Total Percentage of Construction Based Fee = $ 264,000.00 Pc -TV fl t\ N it \1 fee Revised Standard Hourly Rates 1. MEYER AND ASSOCIATES will provide authorized by the City, for hourly fees schedule: Principal Project Coordinator Project Architect Project Landscape Architect Architectural Designer Landscape Architectural Designer AutoCAD Operator Word Processor Site visit or Meeting Subconsultant Services services, as may be required and in accordance with the following $ 125.00 $ 125.00 $ 100.00 $ 100.00 $ 85.00 $ 85.00 $ 60.00 $ 30.00 $ 750.00 cost + 10% 2. MHP will provide services as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Partner Senior Project Manager Project Manager Senior Project Engineer Project Engineer Design Engineer Engineering Technician Engineering Secretary (Additional Site Visit or Meeting) 220.00 190.00 175.00 160.00 145.00 130.00 80.00 65.00 600.00 3. D7 CONSULTING will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: General Consulting CAD Draftsman Administrative Quality Observer $ 225.00 $ 100.00 $ 80.00 $ 750.00/day 4. FBA ENGINEERING will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal/Project Director Project Manager Electrical Designer CAD Designer Technical Typist Construction Support 175.00 135.00 95.00 80.00 50.00 115.00 kTTP k M N1\ `\p0\ 5. BP & ASSOCIATES will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal $ 150.00 Engineer $ 130.00 Project Manager $ 120.00 Designer $ 105.00 AutoCAD Draftsperson $ 85.00 Clerical $ 70.00 6. STEVEN OLITSKY will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Specification Writer Notes: $ 125.00 1. The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. Sundays and holidays will be charged at 2.00 times the standard hourly rates. A7T AtmE:Q T \1 p» fee Fee Notes 1. Consultation in connection with Contractor disputes, arbitration, litigation, court appearances and additional consultants will be quoted separately and is not a part of this proposal. 2. Additional billing classifications may be added to the above listing during the year as new positions are created. 3. It should be noted that the foregoing wage rates are effective through scheduled project completion up to January 1, 2014. The rates may be negotiated with the City after project completion or due to delayed project completion to compensate for labor adjustments and other increases in costs. 4. Services of outside consultants not listed in this proposal shall be billed at our direct cost, plus 15% of the actual cost of their services for coordination. 5. Reimbursable items, such as the cost of blueprinting, graphic reproduction, FAX, and plotting shall be billed at our direct cost plus 15%. Auto travel will be charged at $0.40 per mile. 6. It is the responsibility of Meyer and Associates to schedule the project's completion under normal conditions without the use of its staff on an overtime basis. If the City adjusts the deadline or requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by Meyer and Associates. The hourly rates for overtime will be one and one-half (11/2) times the standard hourly rates except for Sundays and holidays, which will be two (2) times the standard hourly rates. 7. We will bill on a monthly basis in proportion to the time spent on the project. All billing statements are due upon receipt. Interest will be charged at the rate of 1 Y2 % per month on the past due balance thirty days and over. Meyer and Associates shall have the right to stop work should accounts become past due. 8. Fees contained herein are valid for 1 80 days from the date of this Proposal. THEATER REMEDIATION Infrastructure / Other Project Location Aerial Data - March 2010 0 55 110 Feet 220 120 2012-13 2014-15 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 THEATER REMEDIATION Infrastructure / Other Project Protect Description: This project addresses design and construction deficiencies at the Old Town Community Theater primarily related to problems with the exterior cedar siding, decks and exposed timber. Benefit / Core Value: This project minimizes emergency repair costs, prolongs the service life, and cor- rects design and construction defects at this facility. In addition, this project satisfies the City's Core Value of Healthy Livable City, and A Safe and Prepared Community. Project Status: The design of the remediation priorities of this project has been initiated. Construction is estimated to be completed by end of fiscal year 2013-14. Department: Public Works—Account No. 210.165.756 Level: 1 Project Cost: Actuals to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Administration $ 70,000 $ 70,000 $ 140,000 Construction $ 500,000 $ 1,929,175 $ 2,429,175 Construction $ - $ 795,000 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Engineering $ 25,000 $ 50,000 $ 75,000 Design $ 190,000 $ 35,000 $ 225,000 Preliminary Study $ 10,000 $ 10,000 Totals $ - $ 795,000 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Actuals Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Years Project Cost Capital Project Reserves $ 795,000 $ 2,084,175 $ 2,879,175 Total Funding: $ - $ 795,000 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Future Operation & Maintenance Costs 2013-14 Note: Settlement funds received in fiscal year ending 2011 for this project. 121 2015-16 2016-17 $ TEMECULA COMMUNITY SERVICES DISTRICT Item No. 14 ACTION MINUTES of October 23, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:51 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Paul Jacobs • Stephen Eldred CSD CONSENT CALENDAR NOTICE TO THE PUBLIC 8 Action Minutes — Approved staff recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the action minutes of October 9, 2012. 9 Acceptance of Improvements and Notice of Completion for the Waterslide Replacement at the Community Recreation Center (CRC) Pool, PW11-07— Approved staff recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Accept the construction of the Waterslide Replacement at the Community Recreation Center (CRC), PW11-07, as complete; 9.2 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; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 1 CSD Action Minutes 102312 10 Fifth Amendment to the License Agreement with the Temecula Valley Museum, Inc. — Approved staff recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the Fifth Amendment to the License Agreement with the Temecula Valley Museum, Inc. to extend the term. 11 First Amendment to the Agreement with Timmy D' Productions for Fiscal Year 2012-13 — Approved staff recommendation (5-0-0) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: Approve the First Amendment to the Agreement with Timmy D' Productions for an additional $30,000 for entertainment and technical services including sound, stage, and lighting. 12 Agreement with the Temecula Valley Unified School District for the Joint -Use of School Tennis Courts — Approved staff recommendation for James Day Middle School (3- 0-2, Director Washington and Director Roberts abstained) Director Edwards made the motion; it was seconded by President Comerchero; and electronic vote reflected approval with Director Washington and Director Roberts abstaining. Approved staff recommendation for remaining schools (4-0-1, Director Naggar abstained only as to property located near Great Oak High School) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected approval with Director Naggar abstaining. RECOMMENDATION: 12.1 Approve the Joint -Use Agreement with the Temecula Valley Unified School District for the joint -use of the tennis courts located at Great Oak High School, Temecula Valley High School, and Erle Stanley Gardner Middle School with the option to add Vail Ranch Middle School, Temecula Middle School, and James Day Middle School administratively. CSD DEPARTMENTAL REPORT 13 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS 2 CSD Action Minutes 102312 CSD ADJOURNMENT At 8:07 P.M., the Community Services District was formally adjourned to Tuesday, November 13, 2012, 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 3 CSD Action Minutes 102312 Jeff Comerchero, President Item No. 15 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r-- 74-19 r-, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Service DATE: November 13, 2012 SUBJECT: Sponsorship Agreement with the Friends of the Temecula Children's Museum for the 2012 Winter Wonderland — December 14, 2012 PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: Approve the Sponsorship Agreement with the Friends of the Temecula Children's Museum in the amount of $10,400 for entertainment, equipment rental and snow, and $6,062 for coordination and road closure services for the 2012 Winter Wonderland. BACKGROUND: The Friends of the Temecula Children's Museum has been hosting Winter Wonderland at Pennypickle's Workshop in conjunction with Winterfest in Old Town for the past 6 years. Winter Wonderland is an evening -long festival consisting of real snow filling the street, holiday music, entertainment, arts and craft zones and refreshments. In previous years, the City has provided staff support costs and funding to support entertainment, equipment rental, snow, event supplies and refreshments. Staff has received a request from the Friends of the Temecula Children's Museum to provide $10,400 for entertainment, equipment rental and snow, and $6,062 for in-kind staffing services for the 2012 Winter Wonderland event. In-kind services will include staffing from Community Services and Public Works (road closure support). Winter Wonderland continues to be a popular event, complementing the Winterfest event activities that will be held throughout Old Town, including the Grand Opening of the seasonal holiday ice rink also on Friday, December 14. Based on previous years, it is anticipated that the Winter Wonderland event to be held at Pennypickle's Workshop will attract an estimated 3,000 youth and families. FISCAL IMPACT: Funds for the 2012 Winter Wonderland in the amount of $10,400 for entertainment, equipment rental and snow have been appropriated in the Fiscal Year 2012-13 Operating Budget - Cultural Arts/City Promotional Events Budget and Children's Museum Budget Line Items, and $6,062 for staff costs in the Fiscal Year 2012-13 Operating Budget - Cultural Arts/City Promotional Events Budget, Children's Museum Budget and Public Works Budget Line Items. ATTACHMENTS: 1. Sponsorship Agreement 2. Event/Activity Planning Worksheet SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM WINTER WONDERLAND THIS AGREEMENT is made and effective as of this 13th day of November, 2012, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Friends of Temecula Children's Museum, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Winter Wonderland (hereinafter referred to as the "Event") on December 14, 2012. The Event is a special event which is located in the Pennypickle's Workshop, the Temecula Children's Museum in Old Town Temecula. b. The Event includes an evening -long festival to include real snow filling the streets, holiday music, twinkling lights, hot chocolate and s'mores, games, arts and crafts. c. Alcohol "will not" be served. d. The City desires to be a Sponsor of the Event by providing Community Support Funding and City Support Services. 2. TERM This Agreement shall commence on December 14, 2012 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 15, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed Six Thousand Sixty Two Dollars and 00/100 ($6,062.00), as listed in Exhibit A, the City of Temecula shall be designated as a Sponsor of the Event. b. The City of Temecula shall also provide Community Support Funding in the amount of Ten Thousand Four Hundred Dollars and 00/100 ($10,400.00) which will be allocated to pay for entertainment, equipment rental, refreshments, snow and miscellaneous event supplies. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Executive Director of Community Services a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Sponsorship. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 6. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 7. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by December 1, 2012, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Friends the Temecula Children's Museum Annette Brown, President/Treasurer 42081 Main Street Temecula, CA 92590 12. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Friends of the Temecula Children's Museum DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Vice President Annette Brown, President/Treasurer ATTEST: By: By: Susan W. Jones, MMC, City Alicen Wong, Secretary Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Friends of the Temecula Children's Museum Annette Brown 42081 Main Street Temecula, CA (951) 308-6376 PM Initials Q Date: !� EXHIBIT "A" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Winter Wonderland event. The following expenses can be anticipated for the event: TCSD Staff: $4,293.00 Public Works: $1,769.00 TOTAL: $6,062.00 Event Name: Date(s) of Event: Event Times (##:##-##:##): Event Location: TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Pennypiclde's Winter Wonderland Friday, December 14, 2012 5:00-8:30pm Pennypiclde's Workshop Description of Service DIRECT COSTS - Add additional lines for each vendor/consultant Craft/Game Supplies and/or Rental Advertising/Promotions GT Entertainment Decorations Equipment Rental Printing/Copy Services (Outside Service) Snow Prizes/Giveaways Misc. Event Supplies Event Refreshments Budget Actual Under/(Over) $ $ 400.00 2,500.00 7,500.00 Total Direct Costs 10,400.00 INDIRECT COSTS City Facility Rental Rate -Group 4 3hr. Minimum (Highest Use) $ Room Set Up/Clean Up Fee (If Applied for City Facility) Kitchen Rental Fee -Group 4 3hr. Minimum Printing/Copy Services (In House) Advertising/Marketing/Promotions from Existing Contract or Stock Event Supplies Taken From Existing Stock (Use Current Purchase Price) Total Indirect Costs STAFFING COSTS/SUPPORT (Automatically Entered) TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) Total Staffing /Support Costs 100.00 100.00 $ $ 4,293.25 $ 1,768.50 6,061.74 Total Costs 16,561.74 REVENUE Ticket Sales from Special Event/Activity (Number of Participants x Fee) *Non -Profit to retain revenue Additional Sale Items (One Line Per Item - ie food, booth rental, etc.) Savings Due to Utilization of Volunteers Donations of Proceeds (Subtracted from Revenue) Total Revenue Total Subsidy (16,561.74) Number of Attendees (Not to Exceed Room Capacity) Cost per Attendee Prepared By: Date: TCSD Executive Director: Date: 3,000 CFO Date: City Manager: Date: C:\Documents and Settings\cheryl.domenoe\Desktop\Childrens Museum Worksheet 102312Summary 400.00 2,500.00 2,900.00 100.00 100.00 $ 4,293.25 1,768.50 6,061.74 9,061.74 (9,061.74) 3,000.00 TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Cell: B1 Comment: Enter formal name of the event or activity Cell: B2 Comment: Enter the date and or dates of the Special Event or Activity utilizing the following format dd/mm/yyyy Cell: B3 Comment: Enter the start and end times of the event or activity Cell: B4 Comment: Enter the name of the City Facility or if it is held at a non City Facility enter the name as well as the vendor we will be paying rent to. Cell: A8 Comment: Enter all charges we will be paying for the facility including set up, kitchen, etc. This is for a Non -City facility Cell: A9 Comment: For advertising or promotions that will be paid on an invoice directly as a result of this event. For items paid as part of the Old Town Promotions contract, enter those under Indirect. CeII: A10 Comment: Enter any entertainment vendors - one line for each vendor. When entering the actuals, it should tie to what is invoiced for each vendor. CeII: A11 Comment: Enter any consultants - one line for each consultant When entering the actuals, it should tie to what is invoiced for each consultant. CeII: Al2 Comment: Enter one line for each vendor you will be renting or purchasing equipment from. When entering actuals, the amount should tie to each invoice. CeII: A13 Comment: Enter one line for each printing/copying vendor. This is for printing or copying from an outside vendor and includes things like professional brochures. For in house printing, enter the information under direct costs as well as for any printing accomplished through the Old Town Promotions Contract. Cell: A15 Comment: Use one line for each vendor. If purchasing for multiple events, the lines for this event should tie to actuals. CeII: A17 Comment: Use one line for each vendor. If purchasing for multiple events, the lines for this event should tie to actuals. CeII: A21 Comment: Enter the highest amount the City could rent this facility out for and include the actual time or the minimum time limit for that facility whichever is greater. The purpose is to identify what revenue we are giving up in order to use this facility. CeII: A22 Comment: Enter any setup or cleanup fees charged for this facility when rented by non City organizations. CeII: A23 Comment: Enter any kitchen rental fees charged for this facility when rented by non City organizations even if the kitchen isn't used. This is to record the revenue that could be collected if the City weren't using the facility. CeII: A24 Comment Enter the cost of printing or copying using Central services CeII: A25 Comment: Enter cost here when using existing stock or having work done on a particular event by a consultant who charges one fee for everything. C:\Documents and Settings\cheryl.domenoe\Desktop\Childrens Museum Worksheet 102312Summary TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Also include advertising space in the City brochure, if the event takes up a location which could be paid for by an outside entity. Cell: A26 Comment: If utilizing supplies for an event using stock on hand, use the current purchase price for those supplies. CeII: A30 Comment: Use the TCSD Staff Costs tab to enter this information CeII: A31 Comment: Use the IT Staff Costs tab to enter this information CeII: A32 Comment: Use the PW Staff Costs tab to enter this information CeII: A33 Comment: Use the Public Safety Costs tab to enter this information CeII: A39 Comment: For budget purposes multiply the estimated number of participants by the special event or activity fee. For actuals, it should tie to the receipts turned in. CeII: A40 Comment: Enter a line for each type of item - for instance one line for food sales, one line for bracelet sales, etc. CeII: A42 Comment: Enter the amount to be donated by the City if applicable. This should be a negative amount since it is a reduction of revenue. CeII: A47 Comment: Enter the estimated and then actual number of attendees once the event has been held. This field must be entered even though you dont have an actual figure for attendees. CeII: ASO Comment: Enter the name of the staff member who compiled this information and who can answer questions for the reviewer. CeII: D50 Comment: SB&O Staff Member C:\Documents and Settings\cheryl.domenoe\Desktop\Childrens Museum Worksheet 102312Summary Item No. 16 Approvals City Attorney Chief Financial Officer City Manager Rief— go TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: November 13, 2012 SUBJECT: Temecula Sister City Association Community Grant PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the Sponsorship Agreement with Temecula Sister City Association in the amount of $5,301 for in-kind staff services, $430 for in-kind facility use, and a $7,500 cash donation to provide cultural exchange services. BACKGROUND: The Temecula Sister City Association (TSCA) is a California non- profit corporation that supports the cultural exchanges of people and ideas. The global education and experiences that TSCA provides enhance our community, expose our youth to diversity, and promote cultural understanding, friendship and knowledge. The City of Temecula enjoys the benefit of having two sister cities, Daisen, Japan and Leidschendam-Voorburg, Netherlands. The following are the roles and responsibilities established for TSCA and City staff liaison required to implement the sister city cultural program: Temecula Sister City Association responsibilities: • The development, coordination and implementation of all sister city functions, services and special events that occur related to our two sister cities. This includes the coordination of events, special dinners, activities and travel -related items such as TSCA gifts and preparing itineraries for visiting dignitaries. • To monitor and manage their budget to ensure proper accounting of the funds provided by Community Services. TSCA must provide an annual budget and financial report/records that be available for review by the City. • Provide two full student exchange scholarships. • Provide approximately twenty partial student exchange scholarships. • Provide Chaperone/Teacher stipend for student exchanges. The Temecula Community Services District responsibilities: • Coordinate travel arrangements for City officials or councilmembers. • Provide limited financial support for Temecula students who travel on a sanctioned sister city trip. • Fund and coordinate one official dinner and one official welcome reception for visiting delegates from Daisen and Leidschendam-Voorburg per year. • Purchase official gifts, from the City, when guests travel to Temecula or from one of our sister cities. • Provide transportation to and from the airport for sister city delegates and for the duration of their visit. In the past, TSCA has used community funding support to provide cultural events such as the Children's Matsuri, a Japanese art program, and the Dutch American Heritage Day event. The TSCA has complied with all of their requirements from their previous agreement. FISCAL IMPACT: The in-kind city staffing costs of $5,301, the in-kind facility usage of $430 and the cash sponsorship in the amount of $7,500 for this program has been provided in the Fiscal Year 2012-13 Community Services Sister City account budget. Included, also, in that Sister City account is another $7,500 that the City will use to further support the Dutch and Japanese visitors. The total sponsorship provided to the Sister City Program is $20,731. ATTACHMENTS: 1. Sponsorship Agreement 2. Activity Planning Worksheet SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA SISTER CITY ASSOCIATION THIS AGREEMENT is made and effective as of this 13th day of November, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Sister City Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Sister City Program (hereinafter referred to as the "Program"). b. The Program includes the facilitation of Sister City travels; Japanese and Dutch cultural programs; sponsorship of student travelers and other cultural exchanges. c. The City desires to support the Sister City program by providing Community Support Funding and City Support Services. 2. TERM This Agreement shall commence on July 1, 2012 and shall remain and continue in effect until June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed $5,731 as listed in Exhibit B, the City of Temecula shall be designated as a Supporter of the Program. b. The City of Temecula shall also provide Community Support Funding in the amount of $7,500 cash which will be allocated to pay for cultural exchanges listed in Exhibit A. c. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Program, the Nonprofit shall prepare and submit to the General Manager or his or her designee a written report evaluating the Program. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Program must be included in such a written report. 5. PERMITS If necessary, the Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of an event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 1, 2012 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Nonprofit employs any employees. Nonprofit warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Nonprofit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonprofit shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY To Recipient: Attn: General Manager 41000 Main Street Temecula, CA 92590 Temecula Sister City Association Attn: Daniel Venne, Treasure 51911 5`" Street, #300 Temecula, CA 92590 13. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA SISTER CITY ASSOCIATION DISTRICT By: By: Jeff Comerchero, TCSD President Daniel Venne, Treasure ATTEST: By: By: Susan W. Jones, MMC, City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Temecula Sister City Association Attn: Daniel Venne 41911 5th Street, #300 Temecula, CA 92590 951 694-1986 dsv.cpa@verizon.net PM Initials: D p Q Date: EXHIBIT "A" TEMECULA SISTER CITY ASSOCIATION SERVICES The Community Support Funding of $7,500 cash will help fund the following cultural services provided by the Temecula Sister City Association: Community Cultural Events celebrating Dutch and Japanese cultures - $1,000 Two full student exchange scholarships - $4,500 Partial student exchange scholarships - $1,000 Chaperone/Teacher stipend for student exchanges - $500 Hospitality expenses for adult visits from our two Sister Cities - $500 EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES The City of Temecula and Community Services District wish to be a Supporter of the Sister City Program by providing the estimated in-kind staff services and other indirect costs as listed: TCSD Staff Services: $5,301 Facility Usage $ 430 TOTAL IN-KIND SERVICES $5,731 Event Name: Date(s) of Event: Event Times (##:##-##:##): Event Location: TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Sister City Program Japanese Visit; Dutch Visit and Temecula Student Travel Fiscal Year 2012-13 Varies Description of Service DIRECT COSTS - Add additional lines for each vendor/consultant Breakfast for Japanese Visits Dinner for visiting Japanese Van Rental for Japanese and fuel Excursions to Palm Springs and Balboa Park (entrance & lunch) Dutch Visit Lunch Gifts for visiting Dignitaries Temecula Student Sponsorship - $200 per Temecula student traveler Temecula Sister City Assoc. - Cash Donation Budget Actual Under/(Over) $ 250.00 $ $ 1,500.00 1,000.00 2,100.00 100.00 550.00 2,000.00 7,500.00 Total Direct Costs 15,000.00 INDIRECT COSTS City Facility Rental Rate -Group 4 3hr. Minimum (Highest Use) $ 380.00 $ Room Set Up/Clean Up Fee (If Applied for City Facility) 50.00 4 Hours Conf Center for Breakfast Total Indirect Costs STAFFING COSTS/SUPPORT (Automatically Entered) TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) Total Staffing /Support Costs REVENUE 430.00 $ 5,301.44 $ 5,301.44 Total Costs 20,731.44 No revenue collected. $ Total Revenue Total Subsidy Number of Attendees (Not to Exceed Room Capacity) Cost per Attendee Prepared By: Date: TCSD Executive Director: Date: (20,731.44) 23 (901.37) CFO Date: City Manager: Date: $ 250.00 1,500.00 1,000.00 2,100.00 100.00 550.00 2,000.00 7,500.00 15,000.00 $ 380.00 50.00 430.00 $ 5,301.44 5,301.44 20,731.44 (20,731.44) 23.00 (901.37) R:\SMITHB\Budget\Cost Recovery Process\Event Worksheets\TCSD Program Cost Worksheet Sister City.xlsxSummary ITHB1Budget\Cost Recovery Process\Event Worksheets\TCSD Program Cost Worksheet Sister City.xlsxTCSD Staff Costs *Rates Provided by Strategic Budgeting and Operations says 20310!I 1 1 1 0 0 0 0 0 0 0 0 0 a o 0 aI !1 uoi2isod alug pauap ng 2SOD 1109isod SISOD IOUS 'IVR.LDV 3.ta33V pate CD 9 ri 0 CD a. a. 0 0 0 O O h a. K o 2. a I J N O0 00 0' 69 IJ 00 - 0040. O A ai1!I UOUiSOd alrx 'mama c � 0 0 ox pr o ;SOD 1.10121[sod NOI,L3arO2id la Juana aqj o} .toilad PUBLIC HEARING Item No. 17 Approvals Mr— Chief City Attorney Financial Officer 741(9 City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: November 13, 2012 SUBJECT: 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) PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PA12-0034) (APN 944-060-006) 2. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA 1 ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) 3. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060-006) BACKGROUND: On April 4, 2007, the City Council approved a Zone Change for the project site from Medium Density Residential (M) to Planned Development Overlay 11 (PDO -11). The approved PDO -11 allows for 62 single-family residential units on condominium lots with a density of 8.4 units per acre. The proposed amendment to PDO -11 would allow for 120 multi -family apartment units on the 7.24 acre site with a density of 16.6 units per acre, and would also provide for development standards for the site that are specific to multi -family apartment units. The proposed Planned Development Overlay also requires approval of a General Plan Amendment to change the General Plan designation from Medium Density Residential (M) to High Density Residential (H), which is consistent with existing multi -family developments located directly north and west of the project site. Other General Plan designations adjoining the site include Public Institutional (PI; Vail Elementary School) and Residential Low -Medium (LM) to the east and to the south. Though the proposed density is higher than the previously approved PDO -11, the proposed PDO -11 Amendment would result in reduced rooftop area and greater space between buildings as a result of the buildings being three stories and multi -family, and the extensive use of retaining walls required for the design of the previously approved single-family project is eliminated with the proposed project, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community. On October 17, 2012, the Planning Commission recommended 4-0 (Guerriero absent) that the City Council approve the project. At the Planning Commission hearing Mr. Wayne Hall stated concerns regarding trash and standing water on the adjacent property to the east of the project site. A Code Enforcement case has been opened to seek resolution to Mr. Hall's concerns with the adjacent property. Understanding that the trash and standing water issues are not linked to this project, Mr. Hall stated support for the project. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance (General Plan Amendment/Zone Change) Exhibit A — Planned Development Overlay 2. Resolution (Development Plan) Exhibit A — Draft Conditions of Approval 3. Resolution (Mitigated Negative Declaration) 2 4. Initial Study 5. Mitigation Monitoring Program 6. Planning Commission Resolution No. 12-21 (General Plan Amendment/Zone Change) 7. Planning Commission Resolution No. 12-22 (Development Plan) 8. Planning Commission Resolution No. 12-23 (Mitigated Negative Declaration) 9. Staff Report for the October 17, 2012 Planning Commission Hearing ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PA12-0034) (APN 944- 060-006) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Project was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 14, 2012, through October 14, 2012, for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Development Services, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On October 17, 2012, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 17, 2012, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project, the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. H. On November 13, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council, in approving the Project hereby finds, determines and declares that: General Plan A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by a Development Plan for an apartment complex and a Zone Change to amend the existing PDO -11. The General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. The proposed design provides for a higher density, lower cost multi -family residential alternative that assists in providing for a variety of densities to accommodate existing and future housing needs in the City while enhancing the neighborhood through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood, thereby promoting the goals of the General Plan to provide for a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula (Housing Goal 1; Housing Policy 1.1 and 1.2), to provide a land use pattern that protects and enhances residential neighborhoods (Land Use Goal 5; Policy 5.1), and to preserve and enhance the positive qualities of individual neighborhoods (Community Design Goal 3; Policy 3.1 and 3.2). The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed to better integrate with the surrounding area, which includes High Density Residential (H) development to the north and to the west, than the previously approved design. The proposed design achieves better integration with the surrounding area through the elimination of the extensive use of retaining walls required for the single-family project and the provision of more open areas between buildings, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community, and through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood. Zone Change C. The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code. The proposed Planned Development Overlay Amendment is consistent with the proposed land use designation for the property. The proposed General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. Section 3. The City Council hereby amends the existing General Plan on file with the City of Temecula City Clerk's office and approves the proposed amendment to Planned Development Overlay -11 (PDO -11) and adopts Sections 17.22.220 through 17.22.234 including the PDO -11 Text and Development Standards in the form attached to this Ordinance as Exhibit A. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. Chuck Washington, 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. 12- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 13th day of November, 2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk MIRA LOMA City of Temecula PLANNED DEVELOPMENT OVERLAY iCom INL.4Nd COMMUNTES CORP DEVELOPER: INLAND COMMUNITIES CORPORATION ARCHITECT: HANNOUCHE ARCHITECTS LANDSCAPE ARCHITECT: DAVID NEAULT & ASSOCIATES CIVIL ENGINEER: VSL ENGINEERING PR11-0023 MIRA LOMA PLANNED DEVELOPMENT OVERLAY TABLE OF CONTENTS 17.22.220 TITLE 3 17.22.222 PURPOSE 3 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS 3 17.22.226 USE REGULATIONS............ 3 17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS 4 17.22.230 PROJECT SETTING 4 A. Setting and Location... 4 B. Existing Site Conditions............ 5 C. Surrounding Land Uses and Development........ 5 17.22.232 ARCHITECTURAL DESIGN GUIDELINES 6 A. Design Style .6 B. Articulation of Design Facades ....6 C. Streetscape ,9 D. Massing and Scale 9 E. Roof Planes .................9 F. Walls and Fences ............... 9 G. Lighting 11 H. Parking .12 I. Trash Enclosures 12 17.22.234 LANDSCAPE DESIGN STANDARDS ...... 13 A. Landscape Elements ...... 13 B. Entry Monument 15 C. Private Recreation Facility 16 9/18/2012 Page 2 MIRA LOMA PLANNED DEVELOPMENT OVERLAY 17.22.220 TITLE Section 17.22.220 through 17.22.234 shall be known as "PDO - 11" (Mira Loma Planned Development Overlay District) 17.22.222 PURPOSE The Mira Loma Planned Development Overlay District (PDO -11) is intended to meet the high density Multi -Family Residential criteria contained in the Land Use Element of the General Plan. Typical housing types may include townhouses, stacked dwellings and apartments with a density range of 13 — 20 du per acre. 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS A) The permitted uses for the Mira Loma Planned Development Overlay District are described in Section 17.22.226. B) Except as modified by the provisions of Section 17.22.228 the following rules and regulations shall apply to all planning applications in this area. 1. The Citywide Design Guidelines that are in effect at the time of application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.226 USE REGULATIONS The Mira Loma Planned Development Overlay district (PDO -11) located along Mira Loma Drive and Rancho Vista Road is intended to provide for the Multi - Family Apartment Development of 120 Units on 7.24 gross acres with a density of 16.6 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common space, private recreation and develop a common community theme. The project will provide housing opportunities consistent with the City's General Plan Policies in response to the local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. 9/18/2012 Page 3 MIRA LOMA PLANNED DEVELOPMENT OVERLAY 17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS The Multi Family component shall comply with the development standards set fourth in Table 17.22.228. Table 17.22.228 Mira Loma Planned Development Overlay District PDO -11 Residential Development Standards AREA Site Acreage 7.24 gross / 6.27 net Maximum number of dwelling units per acre 20 Units per acre target 16.6 du/acre net BUILDING SETBACKS Minimum building separation 16 ft. at first floor. 18 ft. at second and third floors Minimum Front setback 20 ft. Minimum Rear setback 20 ft. Minimum Side setback 15 ft. OTHER REQUIREMENTS Maximum height 45 ft. Minimum Open space Required 25% Private open space per unit 50 sq.ft. Minimum 17.22.230 PROJECT SETTING A. Setting and Location The Mira Loma Project is comprised of 7.24 gross acres located on Mira Loma Drive on the north side of Rancho Vista Road. A conservation channel runs adjacent to the eastern boundary of the project site. Mira Loma Drive is a loop road, which borders the project from the northern boundary and continues on the west. 9/18/2012 Page 4 MIRA LOMA PLANNED DEVELOPMENT OVERLAY B. Existing Site Conditions The property consists of vacant land with and an existing small asphalt parking lot. The elevation of the property is lower than the surrounding Rancho Vista Road and Mira Loma Drive. C. Surrounding Land Uses and Development A conservation channel runs along the eastern edge of the project. Vail Elementary School is located along the southeast portion of the channel. The northeast edge is bordered by single-family housing (Low -Medium Density). Located on the north and west of the project site are apartment dwellings (High Density). H H IM I,M PI VAIL ELEMENTRY SCHOOL 9/18/2012 Page 5 MIRA LOMA PLANNED DEVELOPMENT OVERLAY 17.22.232 ARCHITECTURAL GUIDE LINES A. Design Style The design of the project site shall comply with the City's Municipal Code Requirements (Residential performance standards — Section 17.06.070 (A, C & D) and Citywide Design Guidelines). The purpose of residential architectural guidelines is to provide guidance for the development of the Mira Loma Project Site. 1. Site plan elements that shall be considered to produce a great neighborhood include. a. Street Trees b. Pedestrian Connectivity c. Building Placement d. Recreation Amenities e. Open space preservation 2. Architectural elements / concepts that shall be considered to create a quality neighborhood include. a. Articulation of building forms in a horizontal and vertical plane b. Using Design elements to balance the overall building scale c. Varied roof forms and elements d. The use of various color palettes and building materials e. Building materials/design to reflect architectural styles B. Articulation of Design Facades 1. The building design shall incorporate 360 -degree architecture. The use of elements such as overhangs, trellises, and secondary building materials will be used to lend character to the building. 2. Architectural elements that add interest and character, such as arches, alcoves, balconies, and recessed windows shall be provided. 3. High quality material shall be used to create a look of permanence within the project. Variations in color and material will be used in order to create interest and reduce a monotonous appearance. 9/18/2012 Page 6 MIRA LOMA PLANNED DEVELOPMENT OVERLAY B. Articulation of Design Facades (cont.) 4. Color palettes will be selected per design style. Colors chosen for trim, windows, doors and architectural elements shall complement the exterior finish material. 5. Fixtures and finishes will be selected for their contribution to the overall theme of the development. 6. The selected architectural styles for this project have been determined to be: Spanish Colonial and Tuscan SPANISH COLONIAL STYLE ELEMENTS: • Simple stucco plaster finish with arched design elements • Balconies with metal railings • Decorative iron details on exterior elevations • Simulated wood header and corbel detailing • Wood shutters • Predominantly hip roofs with Concrete 'S' Tile Roofs • 18" Eaves • Garage door patterns to compliment the style 9/18/2012 Page 7 MIRA LOMA PLANNED DEVELOPMENT OVERLAY TUSCAN STYLE ELEMENTS: Simple stucco and manufactured stone exterior finish Balconies with metal railings Stucco covered window plant shelves Wood shutters Predominately hip forms with gables at projecting elements. 18" Eaves 12" Rakes Garage door pattern to complement the style. 9/18/2012 Page 8 MIRA LOMA PLANNED DEVELOPMENT OVERLAY C. Streetscape and Street Design The streetscape shall be designed in a manner to create a visually interesting community. Landscaping, setbacks, building orientation, recreation features with Spanish Colonial and Tuscan type building designs shall be used to avoid a monotonous appearance. Also see page 18 of this P.D.O. for street cross sections. 1. The interior street has a minimum width of 24'-0" with a clear travel width of 24'-0". This street provides circulation for the residents, emergency services and trash collection. Residents also have access to their garages and entries from the street. The design shall incorporate adequate radii and clearance for emergency vehicle access. D. Massing and Scale The use of a variety of shapes and forms including architectural projections, such as roof overhangs or stepped facades which provide contrast with vertical walls, and chimneys shall be used to avoid box -like design. Excessive mass and bulk of the roof area shall be broken up into smaller areas that reduce the apparent scale of the house and provide visual interest. This shall be accomplished by varying the height portions of the roof, varying the orientation of the roof, and by using gables, and hip roofs. E. Roof Planes Varying roof forms/changes in roof plane shall be used to minimize a flat, repetitious plane. Multiple rooflines can be used to create a visually appealing silhouette and will be considered when the building elevations are visible from a public street. F. Walls and Fences Decorative walls, yard walls, and fencing should be designed to integrate with the architectural style of the buildings as well as the landscape design. Materials and finishes will complement the project's overall theme. 1. Perimeter fencing to be vinyl post and rail type. 2. Pool fencing to be 5'-0" high tubular steel type. 9/18/2012 Page 9 MIRA LOMA PLANNED DEVELOPMENT OVERLAY F. Walls and Fences (cont.) OI \ IIF Aft RI(>t"A PIIASIIR a MAIN ( ORM R\ t 111 UR 1(1 PI 'IAN' O 1111111 AR 111'1)') . W-4 U.( MAX Ol 111(11/1 AA SI l k l I'I( KL IS O 1. LP. c 1,N. VI If PII ASIf f.• i AI' O I INP.II (AAAIN 5' TUBULAR STEEL POOL FENCE SCALE: ;' = 1'-0" QI vINY1 rust O VINYI KAIIINf. O 11N1511 (:RAIU N.0 3 RAIL VINYL FENCE SCALE: ;' = l'-0" 9/18/2012 Page 10 MIRA LOMA PLANNED DEVELOPMENT OVERLAY G. Lighting 1. Lighting shall be consistent with the Mount Palomar Lighting Ordinance. The lighting should not be so intense that it calls attention to the project site. Timers and sensors shall be used to avoid unnecessary lighting. 2. Lighting should be low -voltage / high efficiency when possible. 3. Flashing, moving, high intensity or exposed light source type luminaries are not permitted. 4. Exterior lighting design shall address the issue of security. Parking areas, walkways and building entrances should be well lit for security and safety. 5. Exterior lighting should have a variation of fixtures and illumination levels to define the organization of streets, walkways and community facilities. 6. Neon and similar types of lighting are prohibited per Mount Palomar 7 Maximum 26 watt fluorescent lighting to be used. Minka Group 8212 -61 -PL (Garage) Minka Group 8217 -61 -PL (Entry) 9/18/2012 Page 11 MIRA LOMA PLANNED DEVELOPMENT OVERLAY Kim Lighting — Era Bell (Pedestrian & Parking Area) H. Parking Kim Lighting — Low Level Luminaire Parking requirements for the project site shall comply with the following: 1. Covered Parking: 1 Covered parking space for each 1 Bedroom (or less) Units and 1 Covered parking space for each 2 Bedroom Units. 2. Uncovered Parking: 0.3 uncovered parking space for 1 Bedroom (or less) Units and 0.6 uncovered parking space for 2 Bedroom Units. 3. Tandem Parking: Tandem parking is permissible. 4. Motorcycle Parking: 1 Uncovered parking space for every 25 required regular open parking spaces. 5. Guest Parking: 1 Guest parking space/8 Units. I. Trash Enclosures Trash enclosure areas should be carefully designed, located and integrated into the site plan. 9/18/2012 Page 12 MIRA LOMA PLANNED DEVELOPMENT OVERLAY I. Trash Enclosures (cont.) 1. Trash / recycling containers should be large enough, placed frequently enough throughout the site and collected frequently enough to handle the refuse generated. 2. Trash enclosures should be designed with similar finishes, materials and detailed as the preliminary buildings within the project and shall be screened with landscaping. TRASH ENCLOSURE 17.22.234 LANDSCAPE DESIGN STANDARDS A. Landscape Elements Landscaping of the project shall conform to Sections 17.06.060 (Residential Districts, Landscape Standards) and 17.32 (Water -efficient Landscape Design) of the City's Municipal Code. Landscape plans shall be required as part of the Development Plan for the project and shall include the following: 1. The landscape design of the project consists of a combination of water efficient, drought -tolerant plant material to reduce water demand. 9/18/2012 Page 13 MIRA LOMA PLANNED DEVELOPMENT OVERLAY A. Landscape Elements (cont.) 2. Streetscape landscape for the major streets, Mira Loma Drive and Rancho Vista Road shall, be planted with minimum 24" box specimen size street trees spaced at 45'-0" o.c. spacing (maximum) with combination of 15 and 5 gallon shrubs and ground cover. Fifteen -gallon hedge shrubs will be spaced to adequately provide fence type screening along the public right-of-way line. Flowering ground cover will be provided to fill any voids in the streetscape landscape. 3. Project entry at "A" Street shall include project entry wall to match architectural style of the project as well as 36" box specimen trees, minimum size evergreen flowering variety and combination of fifteen gallon, five gallon and one gallon shrubs in an interesting design pattern to provide visual interest at the entry. 4. Common Area slope shall be provided with landscape and with appropriate trees, shrubs and ground cover to provide erosion control to meet the requirements of the City's Municipal Code. All slope banks greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate plant material for erosion control and to soften their appearance as follows: One fifteen gallon or larger tree per each six hundred square feet of slope area. ii. Five gallon or larger shrubs for each one hundred square feet of slope area. iii. Appropriate ground cover, minimum spacing of 12" o.c. from flat size container. iv. Slope banks in excess of eight feet in vertical height with slopes greater or equal to 2:1 shall also provide one five gallon or larger tree per each one thousand square feet of slope area in addition to the other requirements of this section. v. Slopes adjacent to open space to be planted with non-invasive species. vi. Drip irrigation shall be provided in all areas where spray Irrigation is not necessary. Overhead irrigation shall not be permitted within 24 inches of non -permeable surfaces. 9/18/2012 Page 14 MIRA LOMA PLANNED DEVELOPMENT OVERLAY A. Landscape Elements (cont.) vii. Turf areas shall be used for functional needs only and are not to be less than 8 feet wide. Subsurface drip irrigation is required where turf is within 24 inches of any non -permeable surfaces. High efficiency overhead spray is allowed behind the 24 inch wide area. B. Entry Monument The project entry and site amenities will complement one another and reflect the overall architectural theme of the project. The use of pilasters, special paving treatments and landscaping will be used to create an easily identifiable entryway. 9/18/2012 Page 15 MIRA LOMA PLANNED DEVELOPMENT OVERLAY C. Private Recreation Facility The Recreation Center shall be an active facility to provide a family oriented center including the development of a child tot lot with special play equipment structure. The center shall include a recreational pool with generous pool activity area for social functions. A minimum 20 percent of the recreation area shall be landscaped with a combination of trees, shrubs and ground cover. CLUB HOUSE STYLE ELEMENTS: • Simple stucco and manufactured stone exterior finish • Wood shutters • Predominately gable roofs with hip forms at projecting elements. • 18" Eaves 9/18/2012 Page 16 MIRA LOMA PLANNED DEVELOPMENT OVERLAY „aria GO Mt MIRA LOMA APARTMENTS 'NLAND COMMUNITIES OF TEMECUTA ==- MIRA LOMA PLANNED DEVELOPMENT OVERLAY SfRlu,^.r v,^.•.I'vh1T •IA &ti'r. .R RILE --4k t f. •&M w*w •1`a• IA,: 0 51.021 CION Al 2At:Ct'L1 r'r lA 2i;A1) Pri.PFAT O:1 FAC :4Y IANUSCAPE CONCEP1 PLAN FOR: MIRA LOMA APARTMENTS IMANO COMM11NIilES SNFH .' U` SECTIONS. ELEVATIONS AND ENLARGEMENTS ;; <"ItV of IhMFC:III A _ MIRA LOMA PLANNED DEVELOPMENT OVERLAY ,AtA• ,AJL ;hW's 7,) 3 5 fr:A: ift 8 •yAI • ,. P. A 0:', t 0 A,, A • • . .- P;TA-9 A " ' • . . ,., (..., a a . • a* -1; JAY% A akpillii;•.:1 .61' : wx n 9 ,• 8. 8 9 • A •,R: •1 t e ... NI *, 10; ....Ai% ...L. _A s —4Li. ,6:...: •:!......111.— . ,.' ......_,P.,. , 35S; S .5 $ P s' '.. '5:5 S S S Ss S ',. ;s‘.S ,s s,.ss5s _S-5. • sis s ' sss S'S S S ' s . S sr S .'' ,S, s .5 . t ' s S S s 8.8 S,s 8 6 b b e 5 5 .rilERIOR I ANDSCAP! PLANI3, ;11.Ati IThLAI Pt-RLYFIFFr SLOPE ?I +41t3ir.PlAr4 I 0 0 • IV' CCI•UfT-es...1•1,11114N2 thltaf.4.44..1),4%-16eflIWItee)_ S.AMILOLI•10 :ft; ALSO,..0.1 2.1141:41:21 A - • -• L " L 1215111:1011/0/1,26tosl 8 .r...."..1%-.• -.....f.. F.:TE 7... ........• •••••••• t...f: l'...:7 -Z-. '_ — '•.::: - . • Mo .:L = 4,,,r,—.1•VOSSWat Z.V.:ot ....' 7.. :.....:::•-• :iiii- 7::. ••••••••• •••• v.. -.:::::.= :::' :.-.77B.:Ft.a.. lir•H -7 :E.i. i= F.: NDSCAPF LONCFp7 AN Fr, MIRA LOMA APARTMENTS • 1 • I.... mil. • ' SIIFEI 301' 3 TYPICAL PLANTING ENLARGEMENTS ,NLAND COMMUNUIE CIIY e r5MECULA RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Pian, and PA12-0024, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0024, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 14, 2012 through October 14, 2012 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On October 17, 2012, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 17, 2012, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0033, Development Plan, and PA12-0024, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO -11). H. On November 13, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Development Plan application hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Mira Loma Apartments project is consistent with the land use standards contained in the proposed PDO -11 Amendment. The project is also consistent with the High Density Residential (H) land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the Mira Loma Apartments, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions. The City Council of the City of Temecula approves Planning Application No. PAPA12-0033, Development Plan, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0033 Project Description: A Multi -family Residential Development Plan to construct 120 apartment units on a 7.24 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Assessor's Parcel No.: 944-060-006 MSHCP Category: Residential (Greater than 14.1 DU) DIF Category: Residential — Attached TUMF Category: Residential — Multi -Family Quimby Category: Multi -Family Approval Date: November 13, 2012 Expiration Date: November 13, 2014 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Sixty -Five Dollars and Fifty Cents ($2,165.50) which includes the Two Thousand One Hundred and One Dollars and Fifty Cents ($2,101.50) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has riot delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. This project and all subsequent projects within this site shall be consistent with Planned Development Overlay -11 (PDO -11). PL -7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Mitigated Negative adopted for PA12-0033 and PA12-0034. PL -8. A separate building permit shall be required for all signage. PL -9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -11. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -13. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Scheme 1 — Spanish Colonial MATERIAL COLOR Stucco 16120 sand finish; to match Sherwin- Williams SW7004 Snowbound Stucco Accent Sherwin Williams SW6101 Sands of Time Fascia, rafter tails, wood trim, French Sherwin Williams SW6083 Sable doors and garage doors Shutters Sherwin Williams SW6507 Resolute Blue Wrought Iron Sherwin Williams SW6258 Tricorn Black Roof Tile Scheme 2 — Tuscany Eagle Capistrano — Hilo Sunset 3124 MATERIAL COLOR Stucco 1 16/20 sand finish; to match Sherwin- Williams SW6113 Interactive Cream Stucco 2 16/20 sand finish; to match Sherwin Williams SW6114 Bagel Stucco 3 16/20 sand finish; to match Sherwin Williams SW6115 Totally Tan Stucco 4 16/20 sand finish; to match Sherwin Williams 6116 Tatami Tan Stucco Accent Sherwin Williams SW6101 Sands of Time Fascia, rafter tails, wood trim, French Sherwin Williams SW6069 French doors and garage doors Roast Shutters Sherwin Williams SW6152 Superior Bronze Stone El Dorado Umbria Fieldledge Roof Tile Eagle Capistrano — Sunrise Blend 3645 Brick NcNear Sandmold — Kilburn 3645 PL -14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -15. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -16. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -17. The applicant shall comply with the Public Art Ordinance. PL -18. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities and on-site lighting shall be maintained by the property owner or maintenance association. PL -19. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. PL -20. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Grading Permit(s) PL -21. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL -22. Double detector check valves shall be installed internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Planning Director. PL -23. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -24. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL -25. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL -26. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL -27. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL -28. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL -29. All sacred sites are to be avoided and preserved. PL -30. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre -grading meeting with Public Works. PL -31. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -32. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -33. The applicant shall submit a photometric plan, including the parking lot, drive aisles and pedestrian paths, to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL -34. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -35. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL -36. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -37. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -38. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -39. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -40. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -41. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property. PL -42. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL -43. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the materials for all walls and fences. PL -44. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -45. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -46. Roof -mounted mechanical equipment shall not be permitted within the subdivision unless designed so that the equipment is not visible from the public right-of-way; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL -47. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three- foot clear zone around fire detector checks as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL -48. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape to match the style of the buildings, subject to the approval of the Planning Director. PL -49. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL -50. Prior to the first building permit or installation of additional streetlights, whichever occurs first, the developer shall complete the Temecula Community Services District application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. PL -51. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 1.17 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 20% credit for private recreational opportunities provided and shall be prorated at a per dwelling unit cost per residential building permit requested. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -52. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -53. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -54. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -55. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL -56. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL -57. All site improvements including but not limited to parking areas and striping shall be installed. PL -58. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL -59. Per Municipal Code Chapter 17.30, "Smoking in Multi -Unit Residences," the Developer shall submit a site plan to the City for review and approval, designating a minimum of 25 percent of the units within the project as non-smoking units. OUTSIDE AGENCIES PL -60. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 13, 2012, a copy of which is attached. PL -61. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 29, 2011, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on project. B-4. Provide details of all applicable disabled access provisions and building setbacks on plans. B-5. All ground floor units to be adaptable. B-6. Provide disabled access from the public way to the main entrance of the building. B-7. Provide van accessible parking located as close as possible to the main entry. B-8. Show path of accessibility from parking to furthest point of improvement. B-9. Show path of travel from public right way to all public areas on site ( club house, trash enclose tot lots and picnic areas B-10. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed riot to shine directly upon adjoining property or public rights-of-way. B-11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-12. Obtain all building plans and permit approvals prior to commencement of any construction work. B-13. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-14. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B-15. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. B-16. Provide an approved automatic fire sprinkler system. B-17. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-18. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-19. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2010 edition of the California Building Code. B-20. Provide precise grading plan to verify accessibility for persons with disabilities. B-21. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-22. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-23. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and offsite 6" x 4" x 2-2 1/2" outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) F-4. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5 and City Ordinance 15.16.020). F-5. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). F-6. The gradient for fire apparatus access roads shall riot exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). F-7. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). F-8. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-9. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14 and Chapter 5). F-10. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F-11. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-12. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). F-13. 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. Multi -family residential buildings shall have a minimum of 12 - inch numbers with unit numbers being a minimum of six inches in size (CFC Chapter 5 and City Ordinance 15.16.020). F-14. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. F-15. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). F-16. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). F-17. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD -2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD -3. Any berms shall not exceed three feet in height. PD -4. Applicant must comply with the standards of title 24 part 6 of the California code of regulations, for residential standards, refer to publication CEC-400-2008-016-CMF- REV-I. PD -5. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD -6. All exterior lighting shall be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -7. All exterior entries shall have a vandal resistant light fixture installed to illuminate the entry area. The entry area shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -8. All entry doors shall have a peephole or viewer or other means of viewing the entire entry area. PD -9. All lighting affixed to the exterior of buildings shall be vandal resistant, wall mounted light fixtures. PD -10. All exterior doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -11. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. PD -12. Any roof hatches shall be painted "International Orange." PD -13. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD -14. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD -15. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -16. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. g. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -17. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business and residential security surveys, to schedule an appointment contact the unit at (951) 506-5132. PD -18. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of- way. PW -3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right- of-way. PW -4. All improvement plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW -5. The project shall include construction -phase pollution prevention controls into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm drain system or receiving water during all field -related activities. PW -6. A Water Quality Management Plan (WQMP) must be conceptually accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include Low Impact Development (LID) Best Management Practices (BMPs), source controls, and treatment devices. PW -7. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of Grading Permit(s) PW -8. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Army Corps of Engineers c. California Department of Fish and Game PW -9. The Water Quality Management Plan (VVQMP) must receive final acceptance by the City prior to issuance of any grading permit. PW -10. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -11. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW -12. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW -13. The developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. PW -14. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW -15. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number ((DID) issued by the State Water Resources Control Board (SWRCB), the project's Risk Level (RL) determination number, and name and contact information of the Qualified SWPPP Developer (QSD). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW -16. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW -17. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW -18. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. PW -19. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW -20. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. PW -21. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. Prior to Issuance of Building Permit(s) PW -22. The developer shall construct all public improvements outlined in these conditions to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. a. Improve Rancho Vista Road (Secondary Highway Standards - 88' RM() to include installation of street lights and utilities (including but not limited to water and sewer). b. Improve Mira Loma Drive (Collector Road Standards - 66' RM[) to include installation of street lights and utilities (including but not limited to water and sewer). PW -23. The developer shall construct all public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works including street improvements, which may include, but not limited to, pavement, curb and gutter, sidewalk, drive approaches; streetlights, signing, striping, sewer and domestic water systems; under grounding of proposed and existing utility distribution lines; and storm drain facilities. PW -24. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW -25. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW -26. The developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. PW -27. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW -28. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP. PW -29. The project shall demonstrate that the structural treatment control BMPs outlined in the Water Quality Management Plan (WQMP) have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW -30. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW -31. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. PW -32. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -33. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY DEPARTMENT F ENVIRONMENTAL HEALTH March 13, 2012 City of Temecula Planning Department Attn: Cheryl Kitzerow, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA#12-0033 —MIRA LOMA APARTMENTS DP/ME (ASSESSORS PARCEL NUMBER#944-060-006) Dear Ms. Kitzerow: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the project referenced in the subject heading of this letter: POTABLE WATER AND SANITARY SEWER SERVICE This project shall be required to obtain potable water service and sanitary sewer service from Rancho California Water District (RCWD). A "Will -Serve" letter shall be required for water and sewer service from RCWD prior to the approval of this planning case. ENVIRONMENTAL ASSESSMENT (EA) — PHASE I An Environmental Assessment Phase I Study shall be required prior to the approval of this planning case to determine whether any chemicals and/or pesticides were used on the property, the location of use, and any possible lingering negative effects. This condition requires the applicant to compile sufficient information about the property and land uses to aid the Department in making a determination of whether additional investigation is needed. Please note that the Environmental Assessment process serves to protect public health and welfare by lessening the change of hazardous or toxic substances remaining on the property and interfering with safe land use. For further information, please contact the Environmental Cleanups Program at (951) 955-8982. Agency 12.8C FAX (9 09) 731 +h s, 4f.)M Lel 3t; . t ::r. 9th a icor, `-5 898{; 4 FAX (90% 955-8903 • 4080 Lemon Strrec. 2nd Floor. } iv -A 9250] CA 92501 Cheryl Kitzerow, Project Planner City of Temecula March 13, 2012 FOR ANY PROPOSED PUBLIC OR SEMI-PUBLIC SWIMMING POOL/SPA A set of three (3) complete plans for the swimming pool/spa must be submitted to DEH prior to the issuance of any building permit to verify compliance with the California Administrative Code, the California Health and Safety Code, and the Uniform Plumbing Code. Public or Semi-public Swimming Pool/Spa plans should be submitted to: • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461-0284. Plan Check fees are required. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB): The facility shall require a business emergency plan prior to the final of any building permit for any storage of hazardous materials, including swimming pool/spa chemicals, that is greater than 55 gallons, 200 cubic feet or 500 pounds, or for any acutely hazardous materials or extremely hazardous substances. Moreover, the facility will require a hazardous waste permit if hazardous waste is generated as defined in Title 22 of the California Code of Regulations, Section 66260.10 and 66261.3. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. For further information, please contact HMMB at (951) 358-5055. If you have any questions regarding this letter please contact me at (951) 955-8980. Michael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use / Water Resources Program 2 Ranch© Water I:an:react. NI, C.ibcu John F. Clang in Si. 'i tie Pr.s: er: Sk- tseue J. Cornttn Caen ft. Drake Lisa B. Herman wink,. m E. Phminicr Rettat d (', ti#:nruinceit/ NI:Mhos G. Stone Gecrer.=.l :l anis_ r itieliard S. Williamson, P.E. ..sistan:;i fi Geral tar Jeffrey D. Armstrong (min..i (•);Aider Tr, N. Craig Eaitharp. P.E. i?i?crnar m' (nicrrt;u;ts klainitmance Perry Ct. tuck t'nreetur..ri Ttaanir: Andress L. 14 el) C hii:i lia :iaosr I\e li E„ C;;ireia .lames IL Gilpin Mist Best & Krieger LLP knoiti December 29, 2011 Richard Valdez VSL Engineering 31805 Temecula Parkway Suite 129 Temecula, CA 92592 SUBJECT: WATER AVAILABILITY MIRA LOMA APARTMENTS, MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PARCEL NO. 3 OF PARCEL MAP NO. 21014); APN 944-060-006 [MIRA LOMA RECOVERY, LLC] Dear Mr. Valdez: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD). The subject project/property fronts an existing 8 -inch diameter water pipeline (1380 Pressure Zone) within Mira Lorna Drive and an existing 12 -inch diameter water pipeline within Rancho Vista Road (1380 Pressure Zone). Water service to the subject project/property exists under Account No. 0103- 430003 (vacant long term status). Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Where private (on-site) facilities are required for water service, fire protection, irrigation, or other purposes, RCWD requires recordation of a Reciprocal Easement and Maintenance Agreement for such on-site private facilities, where private on-site water facilities may. cross (or may he shared amongst) multiple lots/project units, and/or where such `common' facilities may be owned and maintained by a Property Owners' Association (proposed now or in the future). Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project/property development relative to water supply shortage contingency measures (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances), and/or the adoption of a required Water Supply Assessment, as determined by the Lead Agency. itancho California %\at,r i}ittrier l Letter to Richard Valdez December 29, 2011 Page Two There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would he provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and/or the basin plan objectives and the permit conditions issued by the appropriate Regional Water Quality Control Board. If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 'FL -eV -6; Lillian R jkovich Engineering Services Representative cc: Corey Wallace, Engineering Manager -Design Warren Back, Engineering Manager -Planning Ken Cope, Construction Contracts Manager Corry Smith, Engineering Services Supervisor 11 \LR1m042\F450 \FEG Ranch(, California Water District 421:35 Wiachestcr Road • r'oa Office Vox yni 7 • Tensa ,.la, C,.6, t.1 925S9.90 W-d'lt .t'ft): i1I r:a 1 • 01511 296- .)011 • :;l\(951) 296-6 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060- 006) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and, based on the whole record before it, found that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Section 2. CEQA Findings. The City Council hereby finds, determines and declares that: A. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 13, 2012 public hearing, and makes these findings based on the whole record before it. B. The Mitigated Negative Declaration and Mitigation Monitoring Program were prepared in compliance with CEQA. C. There is no substantial evidence that the Project will have a significant effect on the environment. D. Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. The documents and analysis on which this determination is based are and have been on file in the Office of the Planning Department of the City of Temecula located at 41000 Main Street, Temecula, California 92590. Section 3. Approval of Mitigated Negative Declaration and Mitigation Monitoring Program. Based on the findings set forth in the Resolution, the City Council hereby approves the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this Project. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, 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 P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Mira Loma Apartments Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Stuart Fisk, Senior Planner; (951) 506-5159 Project Location Located at the northeast corner of Mira Loma Drive and Rancho Vista Road, Temecula Project Sponsor's Name and Address John Snell; Inland Communities Corp 650 E. Hospitality, Suite 410 San Bernardino, CA 92408 General Plan Designation Medium Density Residential Zoning Mira Loma Planned Development Overlay District -11 (PDO -11) Description of Project PA12-0034, a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay - 11 (PDO -11); and PA12-0033, a Development Plan to construct 120 apartment units on a 7.24 acre site. Surrounding Land Uses and Setting The project site is surrounded by residential development including several single-family residences, apartment buildings, and an elementary school (Vail Elementary) that is located to the east of the project site. The site has a steep slope below Mira Loma Drive and flattens out for the majority of the project site. Elevation ranges from approximately 1,095 to 1,144 feet above mean sea -level. A small drainage feature occurs adjacent to the project site along the northeastern boundary of the project site. Surrounding General Plan land use designations include High Density Residential to the north and to the west, Low -Medium Residential to the south, and Open Space, Public/Institutional and Low -Medium Residential to the east. Other public agencies whose approval is required None C:\Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Noise Air Quality Population and Housing Biological Resources Public Services Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Soils Utilities and Service Systems Hazards and Hazardous Materials X Mandatory Findings of Significance Hydrology and Water Quality None Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Stuart Fisk Printed Name C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 2 Date City of Temecula For 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect on a scenic vista? X b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c Substantially degrade the existing visual character or quality of the site and its surroundings? X d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Comments: 1.a. -c. No Impact: The proposed project is not located on or near a scenic vista; therefore, there will not be an adverse impact on a scenic vista. The project site is not located on a scenic highway. The project site consists of undeveloped land covered with vegetation and a small area of asphalt from what was a parking area for a small school (The Carden Academy). Existing vegetation includes wild grass, mature trees, and shrubbery. Topographically, the property is sloped downward to the northeast with steep banks along the southern and western boundaries. The elevation of the property is generally lower than surrounding Rancho Vista Road and Mira Loma Drive. Therefore, the proposed project would riot substantially damage scenic resources, including trees, rock outcroppings or historic buildings. Due to the fact that the project site contains no scenic vistas or resources, the project would riot substantially degrade the existing visual character or quality of the site and its surroundings. No impact is anticipated as a result of the proposed project. 1.d. Less than Significant Impact: The majority of the proposed project site is currently vacant with no sources of Tight or glare. The proposed project will introduce new generators of Tight and glare typically associated with residential development. The City of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties, and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspection process, and impacts resulting from the project are anticipated to be less than significant. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 3 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? X d Result in the loss of forest land or conversion of forest land to non -forest use X e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? X Comments: 2.a. -e. No Impact: The project site is not currently in agricultural production, nor has the site been used for agricultural purposes in the recent or historic past. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. The site is not zoned forest land or timberland nor is it adjacent to or in proximity to property zoned forest land or timberland. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment that would result in the conversion of farmland to non-agricultural uses. No impacts are anticipated as a result of the proposed project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with or obstruct implementation of the applicable air quality plan? X b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. Less Than Significant Impact: An air quality assessment was prepared by Entech Consulting Group in July of 2012 to assess the impacts of the construction and operation of the proposed project. The Entech assessment states that: "The South Coast Air Basin is currently designated as nonattainment for 03, PM10, and PM25, a maintenance area for CO and NO2, and in attainment for all other federal criteria pollutants. Emissions calculated by the California Emissions Estimator Model (CaIEEMod) were far below the South Coast Air Quality Management District (SCAQMD) thresholds, indicating that the construction and operation of the proposed project will create a less than significant impact to the surrounding area." The project, therefore, will not conflict with or obstruct implementation of the applicable air quality plan and a less than significant impact is anticipated. 3.b.c. Less Than Significant Impact: The air quality assessment conducted by Entech Consulting Group for the project concludes that the proposed project will cause a less than significant impact to the ambient air quality. The basin is currently in nonattainment for 03 and NO2. VOC and NOx emissions, precursors to 03, are far below the thresholds established by the SCAQMD. The project's demonstration of compliance with the SCAQMD thresholds is consistent with the federal National Ambient Air Quality Standards (NAAQS). The basin is also in nonattainment for PM10 and PM25. However, the impact analysis performed demonstrates that minimal PM10 and PM2.5 will be generated throughout the operation of the proposed Project. The PM10 and PM2.5 emissions generated from the proposed project is far below the thresholds established by the SCAQMD and impacts are therefore anticipated to be less than significant. 3.d. Less Than Significant: According to the City of Temecula General Plan, as defined in figure AQ -2 of the General Plan, there is one known sensitive receptors (hospitals, schools, libraries, child care centers, and adult -assisted care facilities) that may be exposed to pollutant concentrations in the immediate vicinity. The Vail Elementary school is located immediately east of the project site. In addition, the South Coast Air Quality Management District (SCAQMD) classifies the surrounding residences as sensitive receptors. The elementary school and surrounding residences may be exposed to some pollutant concentrations on a short-term basis during construction and grading activities. However, the July 2012 air quality assessment conducted by Entech Consulting Group concluded that "After a detailed analysis, it has been determined that no significant C:\Program Files (x86)1Neevia.Com\Document Converter\temp12689.doc 5 impact will be created from the construction and operation of the proposed project, thus no mitigation measures are required." The Entech Consulting Group air quality assessment did, however, recommend that the following Best Available Control Measures (BACM) be implemented to minimize the emissions of PKo and PM2.5 during construction as a preventative measure: • Minimize land disturbances • Utilize watering trucks to minimize dust • Cover trucks when hauling dirt • Put grading and earth moving on hold when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dispersion. • Stabilize the surface of dirt piles if they are not removed immediately • Sweep nearby paved streets at least once per day if there is evidence of dirt that has been carried onto the roadway • Revegetate disturbed land as soon as possible • Remove unused materials The Development Plan for the project will be conditioned that these Best Available Control Measures be implemented and that these Best Available Control Measures be included in the grading plan notes. 3.e. Less Than Significant Impact: No objectionable odors are expected as a result from operation of the proposed project. Odors are typically associated with industrial projects involving use of chemicals, solvents, petroleum products, and other strong -smelling elements used in manufacturing processes. Odors are also associated with such uses as sewage treatment facilities and landfills. Standard practices related to trash receptacle areas, such as keeping trash bins covered and located away from outdoor areas where residents of multi -family housing may congregate, will help minimize the potential for odor nuisance complaints. Potential sources that may emit odors during construction activities include the use of architectural coatings and solvents. SCAQMD Rule 1113 limits the amount of volatile organic compounds from architectural coatings and solvents. Via mandatory compliance with SCAQMD Rules, no construction activities or materials are proposed which would create objectionable odors. Therefore, a less than significant impact would occur and no mitigation measures would be required. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 6 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. Less Than Significant Impact: According to the MSHCP Consistency Analysis and Habitat Assessment prepared for the site by Michael Brandman Associates (MBA) on July 17, 2012, the project site contains a limited amount of foraging habitat suitable for Burrowing owls (4.27 acres), however no suitable burrows were observed within the project area. There is no suitable habitat within the 500 -foot buffer area outside of the project areas as the project site is surrounded by development, and no burrowing owls were observed on site or within the 500 -foot buffer area. The MBA report concluded that the project area does not contain sufficient foraging habitat to support a burrowing owl pair, is surrounded by development, and is not adjacent to any other suitable habitat. The MBA report concluded that burrowing owl has no potential to occur on the project site. 4.b. Less Than Significant Impact: The MBA report states that the project side contains 0.1 acre of riparian habitat that will be impacted, but does not contain any riverine connectivity. The willows to be impacted are within an upland area outside of the active drainage area and are not connected to the riparian area east of the project site. The MBA analysis of the site determined that there are no vernal pools, or areas suitable for support of sensitive fairy shrimp species within the property. Due to the limited impact to riparian areas, the MBA report recommended no further action or mitigation measures and less than significant impacts are anticipated as a result of the project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 7 4.c. Less Than Significant Impact: There is an adjacent drainage feature located along the eastern border of the project site that appears to fall under the jurisdiction of the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Game based on a 2012 Jurisdictional Delineation prepared by Natural Resources Assessment, Inc. (contained in Appendix D of the MBA report). Based on the findings of Natural Resources Assessment, Inc.'s Jurisdictional Delineation the adjacent unnamed ephemeral feature connects to the Margarita River. The drainage contains areas under CDFG and USACE jurisdiction. The project was designed to avoid the areas of the drainage. As discussed in 4.b above, the 0.1 acre area of willows to be impacted are not connected to the channel or the associated riparian corridor and are therefore not under CDFG jurisdiction. The construction of the project, including retaining walls, will be done adjacent to and within close proximity to the channel and riparian area. However, no impacts to the riparian area or drainages are permitted without obtaining appropriate regulatory permits from USACE, CDFG, and RWQCB. The project was specifically designed to avoid the jurisdictional drainage areas and less than significant impacts are anticipated as a result of the project. 4.d. Less Than Significant With Mitigation Incorporated: The MBA report states that the project site does contain suitable avian nesting habitat for a variety of species, and that if the clearance of vegetation is required and occurs during the avian breeding season (February to August), a pre -construction clearance survey for nesting birds will be required. If construction activities occur outside of the avian breeding season (September to July) no mitigation is required. For any clearance of vegetation during the avian breeding season (February to August), the following mitigation measures shall be implemented: Required Mitigation: If the clearance of vegetation is required and occurs during the avian nesting season (February to August) the following mitigation measures shall be implemented: • A pre -construction nesting bird survey shall be conducted prior to any vegetation disturbance activities. • If passerine birds are found to be nesting or there is evidence of nesting behavior inside or within 250 feet of the impact area, a 250 -foot buffer will be required around the nest where no vegetation disturbance will be permitted. • For birds of prey, such as hawks and owls, the buffer shall be expanded to 500 feet. • A qualified biologist is required to closely monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. 4.e. No Impact: The project site is located within the Stephens Kangaroo Rat Habitat Fee Area. The project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation), which requires payment of the Stephens Kangaroo Rat fee prior to the issuance of a grading permit. Additionally, trees subject to the City's Heritage Tree Ordinance are not present on the site. The project is consistent with local policies and ordinances protecting biological resources and no impacts are anticipated as a result of this project. 4.f. No Impact: The project has been designed and necessary mitigation measures will be implemented to be consistent with the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan and no impact is anticipated as a result of this project. An MSHCP Consistency Analysis and Habitat Assessment (Burrowing Owl) was prepared for this project by Michael Brandman Associates and was submitted to the City in August, 2012. This report contains the results of a Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis and habitat assessment. The project site lies within the Southwest Area Plan. The project site is not part of a C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 8 criteria cell and not part of a plan sub unit. The project site is also not within any designated corridor, potential corridors, or areas or potential core areas. MBA assessed the project site to determine consistency with the requirements set forth in the Western Riverside County MSHCP. Geographic Information Systems (GIS) software was used to map the site in relation to MSHCP areas including Criteria Cells; conservation areas and wildlife movement corridors and linkages; Criteria Area Species Survey Areas for plant, bird, mammal, and amphibian species; Narrow Endemic Plants Survey Area; and survey requirements for inadequately covered species. The Riverside County Integrated Project (RCIP) Conservation Summary Report was queried to determine habitat assessment and potential survey requirements for the site (see Appendix A of the MBA report). The MSHCP also requires that an assessment be completed to determine the potentially significant effects of the project on riparianlriverine areas and vernal pools. According to the MSHCP, the documentation for the assessment shall include mapping and a description of the functions and values of the mapped areas with respect to the species listed in MSHCP Section 6.1.2, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools. As part of the MSHCP requirements, an Urban/Wildlands Interface Analysis is required to address the indirect effects associated with locating proposed development in proximity to MSHCP conservation areas. The development may result in edge effects, which could potentially affect biological resources within the MSHCP Conservation Area. According to the MSHCP, the analysis should include an assessment of the potential indirect project impacts that may result from drainage, toxics, noise, invasive species, barriers, access, and grading/development, as listed and described in the MSHCP's Section 6.1.4, Guidelines Pertaining to Urban/Wildlands Interface. Details of this assessment can be found in the MBA report. MBA conducted a riparian/riverine habitat assessment of the project site concurrent with the habitat assessment. The riparian/riverine habitat assessment focused on the drainage feature adjacent to the project site that was considered to meet the minimum criteria to be considered riparian/riverine habitat per the definition provided within the MSHCP. The targeted drainage feature was carefully inspected for the presence of riparian habitat characteristics and suitability to support associated species, including a dominance of hydrophytic vegetation, suitable topography and hydrology, and suitable soil substrate where necessary. As discussed in 4.b above, the project site contains 0.1 acre of riparian habitat that will be impacted, but these areas do not contain any riverine connectivity. The willows to be impacted are within upland areas and are not connected to the riparian area northeast of the project site. There are no vernal pools, or areas suitable for support sensitive fairy shrimp species within the property. The total area of riparian within the project site is 0.29 acre. A single ephemeral drainage occurs along the northeastern project site boundary and contains narrow -leaved willows, arroyo willows, and Fremont cottonwood trees. The majority of this riparian area is outside of the project parcel. The project site does not contain habitat that supports any of the sensitive species contained in Section 6.1.2 of the MSHCP; contains no vernal pool areas; and does not contain any areas capable of supporting any fairy shrimp species. In addition to the MSHCP requirements, other biological constraints associated with the project site were identified. As discussed in 4.c above, there is one adjacent drainage feature located along the northeastern border of the site that appears to fall under the jurisdiction of the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG) based on Natural Resources Assessment, Inc.'s Jurisdictional Delineation (2012). The project was specifically designed to avoid the jurisdictional drainage areas. As discussed in the MBA report, the project site is located within an MSHCP-designated habitat assessment survey area for BUOW. According to the MBA report, marginally suitable habitat occurs on site for BUOW; however, there were no suitable burrows present, there is not sufficient habitat within the project area to support BUOW, and the project site surrounded by development and isolated from other suitable habitat. Based on the habitat assessment it was determined that focus surveys for BUOW were not required. MBA determined that based on the disturbed nature of the site and the lack of sensitive species, no significant impacts are anticipated that would jeopardize the County's ability to achieve its conservation goals. Minimal riparian vegetation will be impacted; however, it is not connected to the adjacent drainage and riparian area. The project was designed specifically to avoid the drainage and riparian area. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 9 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a. No Impact: The site is not known to contain a resource listed or eligible for listing in the California Register of Historical Resources. Therefore, no impacts are anticipated as a result of the project. 5.b.d. Less Than Significant With Mitigation Incorporated: A cultural Resources Assessment was prepared by LSA in June, 2012. No cultural resources were identified during the field survey. Exposed boulders and portable cobbles were examined for worked surfaces, and no such surfaces were found. Soil profiles were examined for cultural stratigraphy and rodent back dirt was checked for cultural remains. The LSA study identifies that the project has been graded and has had stone fill materials deposited on it, and that ground visibility was approximately 20 percent with a cover of matted, dry grasses. The LSA study indicates that the records search and field survey did not identify any cultural resources that will be affected by the project. LSA states that the graded alluvial setting offers little potential for undiscovered cultural resources to be present within the project boundaries, and there is only a low potential that such resources may be in secondary deposits. LSA concluded that no further archaeological investigation or monitoring is recommended. However, LSA did recommend that if previously undocumented cultural resources are identified during earthmoving activities, a qualified archaeologist shall assess the nature and significance of the find, temporarily diverting construction excavation if necessary. To ensure cultural resources, if identified on the site, are properly treated and preserved, the following mitigation measures shall be followed: Required Mitigation: • If previously undocumented cultural resources are identified during earthmoving activities, a qualified archaeologist shall assess the nature and significance of the find, temporarily diverting construction excavation if necessary. • The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. • All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. • If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 10 • If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. In addition to the cultural resource mitigation measures recommended by LSA, Pechanga Cultural Resources (the Temecula Band of Luiseno Mission Indians) also requested that the following mitigation measure be included: Required Mitigation: • Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. • At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. • Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City of Temecula (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required above, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. • If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described above. 5.c. Less Than Significant With Mitigation Incorporated: A paleontological resources assessment was prepared for the project by LSA Associates, Inc. in August, 2012. As part of this study, the San Bernardino County Museum (SBCM) conducted a search of the Regional Paleontological Locality Inventory (RPLI) housed at the SBCM. The results of the record search indicated that no previously -known paleontological localities are recorded within the boundaries of the proposed project property. However, 7 resource localities are recorded from within 1/4 mile to the north of the proposed project area. Though the project site has been graded and has had stone fill materials deposited on it, and no paleontological resources were observed during the field survey, the abundance of fossils from the proposed project area, as well as from the other 400 fossil localities C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 11 mapped from the Pauba Formation, demonstrate the high paleontological sensitivity of the region. The presence of sediments suitable to contain paleontological resources and the positive results of the literature review reinforce the high potential for encountering significant nonrenewable vertebrate fossils on the proposed project site. As such, the LSA Associates, Inc. study recommends the following mitigation measures: Required Mitiqation: • A trained paleontological monitor will be present during ground -disturbing activities within the project area in sediments determined likely to contain paleontological resources. The monitoring for paleontological resources will be conducted on a full-time basis. The monitor will be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. The monitor will be equipped to rapidly remove any large fossil specimens encountered during excavation. During monitoring, samples will be collected and processed to recover microvertebrate fossils. Processing will include wet screen washing and microscopic examination of the residual materials to identify small vertebrate remains. The project paleontologist may reevaluate the monitoring program after 50 percent of the excavation has been completed. • Upon encountering a large deposit of bone, salvage of all bone in the area will be conducted with additional field staff and in accordance with modern paleontological techniques. • All fossils collected during the project will be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified will be provided to the museum repository along with the specimens. • A report documenting the results of the monitoring and salvage activities and the significance of the fossils will be prepared. • All fossils collected during this work, along with the itemized inventory of these specimens, will be deposited in a museum repository for permanent curation and storage. Compliance with these recommendations will ensure that excavation impacts to the paleontological resources are maintained below a level of significance. C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 12 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii Strong seismic ground shaking? X iii Seismic -related ground failure, including liquefaction? X iv Landslides? X b Result in substantial soil erosion or the loss of topsoil? X c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Comments: 6.a.i. No Impact: The City of Temecula General Plan and Final Environmental Impact Report for the General Plan did not identify any faults or fault zones through the project site. Therefore, no impacts are anticipated as a result of this project. 6.a.ii. Less Than Significant With Mitigation Incorporated: There may be a potentially significant impact from seismic ground shaking. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through building construction, which will be consistent with the Uniform Building Code standards. Further, the project will be conditioned to provide soil reports prior to grading and if conditions warrant mitigation, recommendations contained in this report will be followed during construction. The soil reports will also contain recommendations for the compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After mitigation measures are performed, less than significant impacts are anticipated as a result of this project. Required Mitiqation: • Building construction shall be consistent with the Uniform Building Code Standards. • All recommendations set forth in the Geotechnical Report completed by GeoMat Testing Laboratories, Inc. dated February 11, 2012, shall be followed, including but not limited to recommendations for earthwork, clearing and grubbing, preparation of surfaces to received compacted fill, preparation of building areas, preparation of slab and paving areas, placement of compacted fill, field/laboratory C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 13 testing during grading, wet soils, slopes, retaining wall design foundation recommendations, and grading and foundation plan review shall be followed. 6.a.iii.6.c. Less Than Significant: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. A geotechnical report has been prepared for the project and has not identified any geologic unit or unstable soils that would become unstable. The geotechnical report concludes that, based on SCEC (1999) guidelines, a potential for loss of bearing capacity due to liquefaction is not expected at the project site. Therefore, a less than significant impact is anticipated as a result of this project. 6.a.iv. Less Than Significant: A subsurface soil investigation prepared for the site by GeoMat Testing Laboratories, Inc., analyzed slope stability based on Safety Factor ratings and the analysis indicates that "the planned fill and/or cut slopes constructed at an inclination of 2H:1V or flatter will be grossly and surficially stable." Furthermore, the project site and surrounding area have not had a history of landslide activity. Therefore, less than significant impacts are anticipated as a result of the project. 6.b. Less Than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMPs). The Final Environmental Impact Report for the City of Temecula Genera Plan has not identified any known landslides or mudslides located on the site or proximate to the site. Therefore, no significant impacts are anticipated as a result of this project. 6.d. Less Than Significant Impact: The project is not located on expansive soil as defined in Table 18-1- B of the Uniform Building Code (1994) and is not anticipated to create substantial risks to life or property. According to the Geotechnical Report completed by GeoMat Testing Laboratories, Inc. dated February 11, 2012, Expansion Index (El) testing was performed on soil samples obtained from their exploration of the site. Based on the laboratory test results, the soils in the upper 15 feet of the site have a very low expansion potential. Therefore, a less than significant impact is anticipated as a result of the project. 6.e. No Impact: The project will not utilize septic tanks, but will instead be connected to the public sewer system. Therefore, no impacts are anticipated as a result of this project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 14 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Comments: 7.a.b. Less Than Significant Impact: At this time there are no adopted statewide guidelines for greenhouse gas emission (GHG) impacts, but this is being addressed through the provisions of Senate Bill 97 (SB 97). In addition, the City of Temecula does not have any plans, policies, or regulations adopted for the purpose of reducing the emissions of GHGs. For the proposed project, the project would be considered to have a significant impact if the project would be in conflict with the AB 32 State goals for reducing GHG emissions. Staff assumes that AB 32 will be successful in reducing GHG emissions and reducing the cumulative GHG emissions statewide by 2020. It is not anticipated that the project could have a major impact (either positively or negatively) on the global concentration of GHG. GHG impacts are considered to be exclusively cumulative impacts; there are no non -cumulative greenhouse gas emission impacts from a climate change perspective per the California Air Pollution Control Officers Association (CAPCOA, 2008). The proposed project would contribute to global climate change as a result of emissions of GHGs, primarily CO2, emitted by construction activities. However, the project will riot conflict with the CARB's thirty-nine (39) recommended actions in California's AB 32 Climate Change Scoping Plan. The project is expected to have a less than significant impact with regard to greenhouse gas emissions. C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 15 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? X b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Comments: 8.a. Less Than Significant Impact: The proposed project will riot involve the routine transportation, use, or disposal of hazardous materials. Therefore, no significant impacts are anticipated as a result of this project. 8.b. Less Than Significant Impact: The project proposes to subdivide the property and to construct multi- family apartment buildings. It is riot anticipated that this project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, less than significant impacts are anticipated as a result of this project. 8.c. Less Than Significant Impact: A school is located near the southeast corner of the project site. The proposed multi -family apartment buildings do not include any activities or uses that would pose a potential health hazard to the local population or the nearby school. No significant impacts are anticipated as a result of the project. C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 16 8.d. No Impact: Based upon the available data and the historical land use, there is no evidence to support that hazardous wastes would be present on the site. No impacts are anticipated. 8.e.f. No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip according to Figure LU -2 in the Land Use Element of the General Plan. Therefore, no impact upon airport uses will result from this proposal. 8.g. No Impact: The Project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The project will take access from maintained public streets and will not impede emergency response or evacuation plans. No impact is anticipated as a result of the proposed project. 8.h. No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 17 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project -specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i Expose people or structures to a significant risk of Toss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. No Impact: The project will not violate any water quality standards or waste discharge requirements. Development will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. 9.b. Less than Significant Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project is not anticipated to have a significant effect on the quantity and quality of ground waters, either through direct additions or withdrawals. The proposed project is required to comply with local development standards, including lot coverage and C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 18 landscaping requirements, which will allow percolation and ground water recharge. Less than significant impacts are anticipated as a result of the proposed project. 9.c. Less than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on -or off-site. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 9.d. Less than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site because the project will not alter the course of a stream or river. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on- site drainage and that off-site drainage facilities can accommodate additional flow. A less than significant impact is anticipated as a result of the proposed project 9.e. Less than Significant Impact: The proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff. A less than significant impact is anticipated as a result of the proposed project. 9.f. No Impact: The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer permit (MS4 permit) issued by the San Diego Regional Water Quality Control Board. The WQMP must be accepted prior to issuance of a grading permit for the project site. The water quality control measures to be identified in the WQMP will either be incorporated into the design of the project or be added to the project with specific conditions of approval and will be expected to eliminate potential adverse impacts to receiving waters. 9.g. No Impact: The proposed project is not located within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact is anticipated as a result of the proposed project 9.h. No Impact: The proposed project is not located within a 100 -year flood hazard area and therefore will not place improvements that could impede or redirect flood flows within a 100 -year flood hazard area. No impacts are anticipated as a result of the proposed project. 9.i. No Impact: The proposed project is not located in a dam inundation area or a 100 -year floodplain. Therefore, no impact is anticipated as a result of the proposed project. 9.j. No Impact: The proposed project is not located near a coast line or large body of water which would subject the site to inundation by seiche, tsunami, or mudflow. Therefore, no impact is anticipated as a result of the proposed project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 19 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but riot limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a.c. No Impact: The proposed project would riot divide an established community or conflict with the applicable land use plan. The project would contribute to providing the City with diverse residential ownership opportunities. The project is consistent with the applicable Multi Species Habitat Conservation Plan. 10.b. Less than Significant Impact: The project proposes a General Plan Amendment to change the General Plan designation of the site from Medium Density Residential to High Density Residential and proposes related changes to the zoning through text changes to Planned Development Overlay 11 (PDO -11) to allow for new development standards for the site that will be specific to apartment buildings. Surrounding development to the north and west of the project site includes apartments on property with a General Plan Designation of High Density Residential and impacts from the proposed General Plan Amendment and Planned Development Overlay text changes are anticipated to be less than significant. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 20 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Result in the Toss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a.b. No Impact: The project will not result in the loss of availability of a known mineral resource nor in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Temecula as MRZ-3a, containing areas of sedimentary deposits which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the project site is not identified as an important site known to contain such resources as shown in the Final EIR for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 21 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e For a project located within an airport land use plan or, where such a plan has riot been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a. -d. Less than Significant Impact: Development of the land will result in increases to noise levels during construction phases as well as increases to noise in the area over the long-term. No activities are anticipated within the proposed project that would expose persons to or generation of excessive groundborne vibration or groundborne noise levels. The project will create some noise levels over that currently emanating from the project site. However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered annoying. However, noise from construction of the project will comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. No significant impacts are anticipated. 12.e. -f. No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, the project will not expose people to excessive noise levels generated by an airport and no impacts will result from this project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 22 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a. -c. No Impact: The project will not induce substantial growth in the area either directly or indirectly. The proposed project is a multi -family residential project. The project site consists of undeveloped land covered with vegetation in the south and asphalt from a small parking are for a school (The Carden Academy) that occupied a portion of the site in the north until approximately 2007, when all structures associated with the school were removed. Therefore, the project will not displace substantial numbers of people or existing housing. The project will neither displace housing nor people and will not necessitate the construction of replacement housing. No impacts are anticipated as a result of this project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 23 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: X Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 14.a. Less Than Significant Impact: The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some public services. However, the increase is expected to be a very small increment and payment of the City's Development Impact Fees will ensure that any potential impact will be reduced to an insignificant level. As a result, the project is anticipated to have a less than significant impact upon the need for new or altered public facilities. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 24 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 15.a. Less than Significant Impact: The project proposes multi -family housing on residentially zoned property. The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The project will include open space and recreational facilities for its residents and is not anticipated to significantly increase the use of neighborhood or regional parks or other recreational facilities to a point that would cause significant physical deterioration of these facilities. Less than significant impacts are anticipated as a result of this project. 15.b. Less than Significant Impact: The proposed project does include open space and recreational facilities for its residents and is not anticipated to require construction or expansion of additional public recreational facilities. Less than significant impacts are anticipated as a result of the proposed project. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 25 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? X b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e Result in inadequate emergency access? X f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a.b. Less than Significant Impact: The project does propose an amendment to the City of Temecula General Plan from Medium Density Residential to High Density Residential. A traffic study was prepared for the project by RK Engineering Group, Inc. and was submitted to the City in order to ensure compliance with all appropriate traffic regulations. Based on the intersections and roadways evaluated, the study reveals that the proposed project will not result in a conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system in the project area. Further, the project will not conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the County congestion management agency for designated roads or highways. 16.c. No Impact: The project is not anticipated to result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The project area is not within the French Valley Airport influence area. Therefore, no impacts are anticipated as a result of the project. 16.d.e. Less Than Significant Impact: The project will be required to be consistent with City standards, including street design and emergency access. Less than significant impacts are anticipated as a result of the project. 16.f. No Impact: The project will be required to be consistent with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). No impacts are anticipated as a result of the project. C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 26 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a.b.e. Less than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. Though the project will have an incremental effect upon existing systems, less than significant impacts are anticipated as a result of this project. 17.c. Less than Significant Impact: The project will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Mira Loma Drive and to an existing flood control channel located east of and adjacent to the project site. The design of the existing system is sufficient to handle the runoff from this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Less than significant impacts are anticipated as a result of this project. 17.d. Less than Significant Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "RCWD anticipates supplying water to 167,640 persons within its service area in 2020 (p. 5.14-3)." The FEIR further states: "EMWD anticipates supplying water to 756,699 persons within its service area in 2020, (p. 5.14-3)." This anticipated water supply includes a portion of Temecula and less than significant impacts are anticipated as a result of this project. 17.f.g. Less than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project C:\Program Files (x86)\Neevia.Com\Document Converterltemp\2689.doc 27 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b Does the project have impacts that are individually limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 18.a. Less Than Significant With Mitigation Incorporated: As discussed in the sections above, the project would involve 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); and a Development Plan to construct 120 apartment units on a 7.24 acre site. The project is not anticipated to significantly reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, or threaten to eliminate a plant or animal community. According to the MSHCP Consistency Analysis and Habitat Assessment (Burrowing Owl) prepared for the project by Michael Brandman Associates, the project site does contain suitable avian nesting habitat for a variety of species. The report states that if the clearance of vegetation is required and occurs during the avian breeding season (February to August), a pre -construction clearance survey for nesting birds will be required. If construction activities occur outside of the avian breeding season (September to July) no mitigation is required. For any clearance of vegetation during the avian breeding season (February to August), mitigation measures shall be required. A cultural Resources Assessment prepared by LSA in June, 2012 recommends mitigation measures to ensure that if any cultural resources are identified on the site, they are properly treated and preserved. Additionally, a paleontological resources assessment was prepared for the project by LSA Associates, Inc. in August, 2012. The study concluded that the presence of sediments suitable to contain paleontological resources and the positive results of the literature review reinforce the high potential for encountering significant nonrenewable vertebrate fossils on the proposed project site. As such, the LSA Associates, Inc. study recommends mitigation measures to properly treat and preserve paleontological resources. 18.b. Less Than Significant Impact: No significant cumulative impacts have been identified with the implementation of the proposed project. 18.c. Less Than Significant Impact: No substantial environmental effects that would cause adverse effects on human beings have been identified. C:1Program Files (x86)1Neevia.Com\Document Converterltemp12689.doc 28 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 19.a. The City's General Plan, Final Environmental Impact Report and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a referenced source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street in Temecula. The GIS Map Sets are available online at www.citvoftemecula.orq. 19.b. On April 10, 2007, the City of Temecula City Council approved Planning Application Nos. PA05-0234 (PDO) and PA05-0109 (TTM) and adopted the associated Mitigated Negative Declaration. The current proposal, PA12-0033, involves a revised PDO and General Plan amendment and is not the same as the project previously analyzed. This Initial Study has been prepared to specifically address the current proposal. 19.c. See attached Mitigation Monitoring Program. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. South Coast Air Quality Management District CEQA Air Quality Handbook 4. MSHCP Consistency Analysis and Habitat Assessment (Burrowing Ovid), Michael Brandman Associates, August 15, 2012. 5. Mira Loma Apartments Traffic Impact Study, RK Engineering Group, Inc., September 11, 2012. 6. Additional Subsurface Soil Investigation, Review of Rough Grading Plan, Foundation Recommendations and Liquefaction Analysis, Tentative Tract Map 33584, A.P.N. 944-060-006, Proposed Residential Development, GeoMat Testing Laboratories, Inc., February 11, 2012. 7. Air Quality and Greenhouse Gas Study, Mira Loma Apartments, Entech Consulting Group, July 2012. 8. Cultural Resources Assessment, LSA Associates, Inc., June 2012. 9. Paleontological Resources Assessment, LSA Associates, Inc., September 2012. C:1Program Files (x86)1Neevia.Com\Document Converterltempl2689.doc 29 Project Description: Location: Applicant: Mitigation Monitoring Program PA12-0034, 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); and a Development Plan to construct 120 apartment units on a 7.24 acre site. The Project is generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road, Temecula John Snell; Inland Communities Corp 650 E. Hospitality, Ste 410 San Bernardino, CA 92408 General Impact: Mitigation Measures: Specific Process: Biological Resources A report by MBA for the project states that the project site does contain suitable avian nesting habitat for a variety of species, and that if the clearance of vegetation is required and occurs during the avian breeding season (February to August), a pre - construction clearance survey for nesting birds will be required. If construction activities occur outside of the avian breeding season (September to July) no mitigation is required. For any clearance of vegetation during the avian breeding season (February to August), the following mitigation measures shall be implemented: Bio -1 A pre -construction nesting bird survey shall be conducted prior to any vegetation disturbance activities. Bio -2 If passerine birds are found to be nesting or there is evidence of nesting behavior inside or within 250 feet of the impact area, a 250 -foot buffer will be required around the nest where no vegetation disturbance will be permitted. Bio -3 For birds of prey, such as hawks and owls, the buffer shall be expanded to 500 feet. Bio -4 A qualified biologist is required to closely monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. Place the above Mitigation Measures as Conditions of Approval on the project to reduce potential biological resource impacts to a less than significant level. Mitigation Milestone: Prior to Grading Permit Responsible Monitoring Party: Planning Department and Public Works Department 1 General Impact: Cultural Resources A cultural Resources Assessment was prepared by LSA that recommend that to ensure cultural resources, if identified on the site, are properly treated and preserved, mitigation measures shall be followed. In addition the Pechanga Tribe of Luiseno Mission Indians also requested specific cultural resource mitigation measure to be in place. Mitigation Measures: Cultural -1 If previously undocumented cultural resources are identified during earthmoving activities, a qualified archaeologist shall assess the nature and significance of the find, temporarily diverting construction excavation if necessary. Cultural -2 The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. Cultural -3 All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Cultural -4 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. Cultural -5 Cultural -6 If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or City Council. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground - 2 disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. Cultural -7 At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Cultural -8 Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City of Temecula (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required above, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. Cultural -9 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described above. Cultural -10 A trained paleontological monitor will be present during ground -disturbing activities within the project area in sediments determined likely to contain paleontological resources. The monitoring for paleontological resources will be conducted on a full-time basis. The monitor will be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. The monitor will be equipped to rapidly remove any large fossil specimens encountered during excavation. During monitoring, samples will be collected and processed to recover microvertebrate fossils. Processing will include wet screen washing and microscopic examination of the residual materials to identify small vertebrate remains. The project paleontologist may reevaluate the monitoring program after 50 percent of the excavation has been completed. Cultural -11 Upon encountering a large deposit of bone, salvage of all bone in the area will be conducted with additional field staff and in accordance with modern paleontological techniques. Cultural -12 All fossils collected during the project will be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified will be provided to the museum repository along with the specimens. Cultural -13 A report documenting the results of the monitoring and salvage activities and the significance of the fossils will be prepared. Cultural -14 All fossils collected during this work, along with the itemized inventory of these specimens, will be deposited in a museum repository for permanent curation and storage. Specific Process: Mitigation Milestone: Responsible Monitoring Party: Place the above Mitigation Measures as Conditions of Approval on the project to reduce potential cultural resource impacts to a less than significant level. Agreements and conditions prior to issuance of a grading permit, monitoring ongoing through grading operations, and final reports upon completion of grading. Planning Department and Public Works Department General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Geology and Soils There may be a potentially significant impact from seismic ground shaking. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. After mitigation measures are performed, less than significant impacts are anticipated as a result of this project. Geology & Soils -1 Building construction shall be consistent with the Uniform Building Code Standards. Geology & Soils -2 All recommendations set forth in the Geotechnical Report completed by GeoMat Testing Laboratories, Inc. dated February 11, 2012, shall be followed, including but not limited to recommendations for earthwork, clearing and grubbing, preparation of surfaces to received compacted fill, preparation of building areas, preparation of slab and paving areas, placement of compacted fill, field/laboratory testing during grading, wet soils, slopes, retaining wall design foundation recommendations, and grading and foundation plan review shall be followed. Place the above Mitigation Measures as Conditions of Approval on the project to reduce potential seismic -related ground failure impacts to a less than significant level. Grading permit issuance and Building Permit issuance Responsible Monitoring Party: Planning Department, Public Works Department and Building Department 5 PC RESOLUTION NO. 12-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0034, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11) with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: General Plan Amendment and Zone Change Planning Application No. PA12-0034 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: General Plan A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by a Development Plan for an apartment complex and a Zone Change to amend the existing PDO -11. The General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. The proposed design provides for a higher density, lower cost multi -family residential alternative that assists in providing for a variety of densities to accommodate existing and future housing needs in the City while enhancing the neighborhood through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood, thereby promoting the goals of the General Plan to provide for a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula (Housing Goal 1; Housing Policy 1.1 and 1.2), to provide a land use pattern that protects and enhances residential neighborhoods (Land Use Goal 5; Policy 5.1), and to preserve and enhance the positive qualities of individual neighborhoods (Community Design Goal 3; Policy 3.1 and 3.2) . The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed to better integrate with the surrounding area, which includes High Density Residential (H) development to the north and to the west, than the previously approved design. The proposed design achieves better integration with the surrounding area through the elimination of the extensive use of retaining walls required for the single-family project and the provision of more open areas between buildings, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community, and through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood. Zone Change A. The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code; The proposed Planned Development Overlay Amendment is consistent with the proposed land use designation for the property. The proposed General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the General Plan Amendment and Zone Change, PA12-0034: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the General Plan Amendment, Zone Change and Development Plan applications ("the Project"), as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 14, 2012, and expired on October 14, 2012. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption of the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council amend the existing General Plan on file with the City of Temecula City Clerk's office and approve the proposed amendment to Planned Development Overlay -11 (PDO -11) and adopts Sections 17.22.220 through 17.22.234 including the PDO -11 Text and Development Standards in the form attached to this resolution as Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of October, 2012. Ron Guerriero, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-21 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of October, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio 0 PLANNING COMMISSIONERS None 1 PLANNING COMMISSIONERS Guerriero 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary PC RESOLUTION NO. 12-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0033, A DEVELOPMENT PLAN APPLICATION FOR MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA12-0033, Development Plan and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11) with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Development Plan Application PA12-0034 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Mira Loma Apartments project is consistent with the land use standards contained in the proposed PDO -11 Amendment. The project is also consistent with the High Density Residential (H) land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the Mira Loma Apartments, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Planning Application No. PA12-0033: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan and associated applications ("the Project"), as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 14, 2012, and expired on October 14, 2012. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption of the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council approve Planning Application No. PA12-0033, Development Plan Application with Mitigated Negative Declaration and Mitigation Monitoring Program Conditions, subject to the Conditions of Approval set forth on Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of October, 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Ron Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-22 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of October, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio 0 PLANNING COMMISSIONERS None 1 PLANNING COMMISSIONERS Guerriero 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary PC RESOLUTION NO. 12-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay - 11 (PDO -11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA12-0033, Development Plan and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO - 11) with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the recommendation for approval of Planning Application Nos. PA12-0033, Development Plan, and PA12-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay -11 (PDO -11) (the "Project"). A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project, as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 14, 2012, and expired on October 14, 2012. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and, based on the whole record before it, finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of October, 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Ron Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of October, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio 0 PLANNING COMMISSIONERS None 1 PLANNING COMMISSIONERS Guerriero 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION October 17, 2012 Stuart Fisk, Case Planner Planning Application No. PA12-0034, a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay 11 (PDO -11); and Planning Application No. PA12-0033, a Development Plan to construct 120 apartment units on 7.24 acres located at the northeast corner of Rancho Vista Road and Mira Loma Drive (APN 944-060-006). Recommend approval with Conditions Mitigated Negative Declaration with Monitoring Plan Section 15070 PROJECT DATA SUMMARY Name of Applicant: John Snell; Inland Communities Corp General Plan Medium Density Residential (M) (existing)/High Density Residential Designation: (H) (proposed) Zoning Designation: Planned Development Overlay 11 (PDO -11) Existing Conditions/ Land Use: Site: Vacant/Medium Density Residential (M) North: South: East: West: Multi -Family Residential/Edison Sub -Station (H/PI) Single -Family Residential (LM) Single -Family Residential/Vail Elementary School (LM/PI) Multi -Family Residential (H) Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage: Parking Required/Provided: Existing/Proposed Min/Max Allowable or Required 7.24 acres NA 16.6 units per acre 20 units per acre maximum 55.8% (175,921 sq. ft.) NA 218 spaces proposed 210 spaces required 1 BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Planned Development Overlay Amendment and General Plan Amendment On April 4, 2007, the City Council approved a Zone Change for the project site from Medium Density Residential (M) to Planned Development Overlay 11 (PDO -11). The approved PDO -11 allows for 62 single-family residential units on condominium lots with a density of 8.4 units per acre. The proposed amendment to PDO -11 would allow for 120 multi -family apartment units on the 7.24 acre site with a density of 16.6 units per acre and would provide for development standards for the site that are specific to multi -family apartment units. The proposed Planned Development Overlay also requires approval of a General Plan Amendment to change the General Plan designation from Medium Density Residential (M) to High Density Residential (H), which is consistent with existing multi -family developments located directly north and west of the project site. Other General Plan designations adjoining the site include Public Institutional (PI; Vail Elementary School) and Residential Low -Medium (LM) to the east and to the south. Though the proposed density is higher than the previously approved PDO -11, the proposed PDO -11 Amendment would result in reduced rooftop area and greater space between buildings as a result of the buildings being three stories and multi -family, and the extensive use of retaining walls required for the design of the previously approved single-family project is eliminated with the proposed project, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community. Site Plan The site has a steep slope below Mira Loma Drive and flattens out for the majority of the project site. Elevation ranges from approximately 1,095 to 1,144 feet above mean sea -level. A small drainage feature occurs adjacent to the project site along the northeastern boundary of the project site. The project site consists of undeveloped land covered with vegetation and a small area of asphalt from what was a parking area for a small school (The Carden Academy). The Mira Loma Apartments project is proposed as an 8 building, 120 -unit apartment complex with associated amenities including a clubhouse building. The Land Use Development Standards in the proposed PDO -11 Amendment, along with the proposed General Plan Amendment, will allow for the total number of units proposed. The proposed multi -family complex will include 40 one -bedroom units ranging in size from 654 square feet to 730 square feet and 80 two-bedroom units ranging in size from 941 square feet to 1,103 square feet. Primary access to the site will be via Mira Loma Drive at the northern end of the project site, with a secondary Mira Loma Drive access located just to the east of the primary access point. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services. The project layout creates a walkable community by providing varied building placement and pedestrian pathways that interconnect throughout the entire site. These pedestrian pathways connect to the on-site tot lot, covered picnic areas along the eastern edge of the project site, 2 and to Mira Loma Drive and Rancho Vista Road with pedestrian scale decorative lighting throughout. Additional on-site amenities include a clubhouse with conference room, lounge, gym room, pool with lap lanes, and decorative paving at the main entry. Architecture The proposed architectural styles for the project are Spanish Colonial and Tuscan. The project proposes four different building types, including a Spanish Colonial and a Tuscan 14 -dwelling unit building and a Spanish Colonial and a Tuscan 16 -dwelling unit building. All of the apartment buildings are three-story with single -story elements at the ground floor. The proposed club house is based on the Tuscan architectural style of the apartment buildings and is a single story building. The project utilizes stucco and manufactured stone as primary wall materials with light earth tone colors on primary wall surfaces and contrasting trim colors. The project includes one combination of building materials and colors for each of the two elevation styles. The various materials and features proposed include the following for each architectural style: Spanish Colonial: Stucco plaster finish with arched design elements, balconies with metal railings, decorative iron details on exterior elevations, simulated wood header and corbel detailing, wood shutters, predominantly hip roofs with concrete "S" tile roofs, 18 -inch eaves, and garage door patterns to compliment the Spanish Colonial architectural style. Tuscan: Stucco and manufactured stone exterior finish, balconies with metal railings, stucco covered window plant shelves, wood shutters, predominately hip roofs with gables at projecting elements, 18 -inch eaves, 12 -inch rakes, and garage door patterns to compliment the Tuscan architectural style. The project also proposes attached garages, decorative covered trash enclosures designed to match the architectural style of the buildings. The applicant has provided specific details which are unique to the proposed architectural styles and elevations. Articulation is provided on all sides of the buildings so that each side of each product provides specific features of the proposed architectural style. Each of the proposed architectural styles is defined from the other through the use of color and material variation, door and window types, window and door trim, garage door design, materials such as stone, shutter styles, and the overall silhouette. The proposed elevations for this development meet the intent of the Citywide Design Guidelines. With the attached Conditions of Approval, the project meets or exceeds the intent of the Development Code and Design Guidelines. The proposed elevations achieve an overarching design to create a street scene with strong character as well as function, and visual variety. Landscaping The project will provide 55.8% of the site as landscaped open space, which exceeds the Development Code requirement of 30% for the Residential High Density (H) zone. Perimeter streetscape landscaping will include a mix of deciduous accent trees, evergreen background trees and ground covers. All streetscape trees will be a minimum 24 -inch box size. Slope landscaping will include trees (minimum 15 inch box size), shrubs and groundcover. Common area usable open space is provided throughout the site. As discussed above, the project includes a tot lot, network of pedestrian connections with gathering places (shade structures and picnic tables), and club house with pool. The total usable open space on site is 3 approximately 0.40 acre (not including slope areas and detention basins). In addition to common open space areas, all units are provided private patio/balcony areas ranging in size from 49 square feet to 98 square feet depending on the floor plan. Access/Circulation Based on the proposed P130-11 Amendment, a total of 210 parking spaces are required and 218 spaces are proposed. The proposed Development Plan application includes 12 of the required parking spaces as tandem parking spaces. The proposed PDO -11 Amendment and the Development Code both require one garage parking space for each unit. The proposed PDO -11 Amendment does provide for a lower parking ratio for uncovered spaces compared to the Development Code as PDO -11 proposes 0.3 uncovered spaces per one bedroom unit compared to 0.5 uncovered spaces required per unit by the Development Code; PDO -11 proposes 0.6 uncovered spaces per two bedroom unit compared to 1.0 uncovered spaces required per unit by the Development Code; and PDO -11 proposes one guest parking space per eight units compared to one guest space per six units required by the Development Code. The difference in the PDO -11 Amendment parking requirements compared to the Development Code requirements represents a 10.4 percent reduction in parking, which is consistent with parking reductions that have been provided for other projects based on Development Code Section 17.03.060.D.2 (Minor Exceptions) which allows for a reduction in the required parking by up to 15 percent. The project applicant contends that based on their experience with other apartment projects rental trends, the amount of guest spaces required by the Code results in excess parking on-site. Staff has reviewed the request and proposed parking layout with the opportunities for on -street parking at Mira Loma Drive. For the parking reduction requested for the Campanula apartment project recently approved by the Planning Commission, staff also surveyed parking opportunities at various times at The Vineyard project located on Pujol Street to determine the availability of parking for that project. The Development Code does allow for deviations from its requirements when the deviation from the code is minor in nature, and will not adversely impact the safety of the public or adjacent properties. Staff has determined that a decrease in the required parking spaces by 10.4 percent will not adversely affect the public safety or adjacent properties. The access lanes and parking areas provide adequate circulation for vehicles anticipated to utilize the site, including service vehicles and emergency vehicles. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services to the site. The Public Works Department has reviewed the site plan and has determined that the project, as conditioned, provides adequate circulation and access. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 4, 2012 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Mitigated Negative Declaration has been prepared for the project. 4 An Initial Study was prepared for the project in an effort to further evaluate if the project would generate any potentially significant impacts to the environment. This document was distributed and made available for public review on September 14, 2012. The results of the Initial Study show environmental impacts for the project are all less than significant with the mitigation proposed in the Mitigation Monitoring Program developed for the project. FINDINGS General Plan Amendment The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. This application is accompanied by a Development Plan for an apartment complex and a Zone Change to amend the existing PDO -11. The General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. The proposed design provides for a higher density, lower cost multi -family residential alternative that assists in providing for a variety of densities to accommodate existing and future housing needs in the City while enhancing the neighborhood through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood, thereby promoting the goals of the General Plan to provide for a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula (Housing Goal 1; Housing Policy 1.1 and 1.2), to provide a land use pattern that protects and enhances residential neighborhoods (Land Use Goal 5; Policy 5.1), and to preserve and enhance the positive qualities of individual neighborhoods (Community Design Goal 3; Policy 3.1 and 3.2) . The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. The proposed amendment will not have an impact on the character of the surrounding area. The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed to better integrate with the surrounding area, which includes High Density Residential (H) development to the north and to the west, than the previously approved design. The proposed design achieves better integration with the surrounding area through the elimination of the extensive use of retaining walls required for the single-family project and the provision of more open areas between buildings, resulting in a development that is more aesthetically compatible with its surroundings and that better integrates into the surrounding community, and through quality project design and appropriate scale, massing, amenities, roofline variation, and high quality and varied materials to integrate the project in to the neighborhood. Zoning Change The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code. The proposed Planned Development Overlay Amendment is consistent with the proposed land use designation for the property. The proposed General Plan Amendment and PDO -11 Amendment establish the density and design framework for the proposed apartment complex development. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. 5 Development Plan The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed Mira Loma Apartments project is consistent with the land use standards contained in the proposed PDO -11 Amendment. The project is also consistent with the High Density Residential (H) land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. The overall development of the land is designed for the protection of the public health, safety and general welfare. The overall design of the Mira Loma Apartments, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site. The project has been reviewed for and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS Aerial Map Plan Reductions PC Resolution (General Plan Amendment and Zone Change) Exhibit A — City Council Ordinance Exhibit B — Planned Development Overlay PC Resolution (Development Plan) Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval PC Resolution (Mitigated Negative Declaration) Exhibit A — City Council Resolution Initial Study Mitigation Monitoring Plan Notice of Public Hearing 6 AERIAL MAP City of Temecula PA 12- 0033 & 0034 '7S 2b0 00 =eet Aerial - June 2011 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County The City of Temecula assumes no warranty or legal responsbility for the information contained on this map Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. PLAN REDUCTIONS RANCHO VISTA ACCESS RAMP DETAIL TYPICAL TRASH ENCLOSURE g aLt, q e Idz 8 k 4 3 0 1 E N z 811 2 3 2 g 2Z 2r, 8' !IU F.. _; 22. - - ; a i_20. as 411 1 gs� 'ic_c. ga2gai1? ..„sur '3-d 14 3 SECTION B -B SECTION A -A 2 2 R 1 z z R STREET "A" ENTRANCE - FIRE ACCESS EXITING STREET "A" ENTRANCE - FIRE ACCESS ENTERING ir 2 3 R ,K 3 8 z w 8Q. Et. z LL 0 5 1•u 88 LL 0 zc 01 N° BUILDING TYPE 2 1 i A K 2 i 8= . 1 a8 iffiffilin4h 6 1y1 98 !!1 " Ai k il { P. 3 k a E 0 Jn U 0 5 a) m g i c 3= i4 0 .,7x i i °m Q �j] 8- f 9 { P. 3 k a E 0 Jn U 0 5 a) m z00 [if Front Elevation Side Elevation C co O +. iT) 0 O (T) L) 0C 0. c co 0 . b O 0 < u () E 0 5 E c 0 -, O 0 • E cn & 7 0 E 0 J 08 cW� 1$ 2 2 Ter-neck k Rear Elevation • 0. 0 0 r rani Elevetton Side Elevation < E 2 0 11111 NEL Sur 74. EMI 1 • PeZ R 1 1 Y 1 ■1 'ILL-11mA. . NMI . 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Pall INLAND COMMUNITIES CITY OF TEMECULA='-_..:_ • t • '" ;r: „SS% r Y, 1 G -•• ! t L \ "dLIALIII° `r/ -: -fi MOX ulwlx•it ,01.TMv4 au.vc PAO ,44' � P SIP, .0 MCP ACCOHT 7,ES i • • �. f1F.'• Y.,OOT,,,m4.4)Wi IfGNbG•AGT. eiri.[•.cr.cu MUMS PROJECT SIGNAGE MONUMENT . 14 I ', FEAT WALL II' - G�:,,i tPLANTING HOS - . .\- c•:,..t..... nr., rn aiiiiii ELEVATION 1p"=1'47' PROJECT S;GNAGi: N'.CIJU'1FNT PLAN VIE.N I/$=1'0 .. - Sir., lr.'F[ -\ • • n R I AWL WINCE aoct[a.Hnto ‘ S 4 /,, . * },�,,� t� V � P 1 t.�•,1 PICNIC AREA WITH SHELTER /7 PROJECT auoiwo tat J NTS STREET SECTION AT RANCHO VISTA ROAD I/6=I'-0' t1 o. MOWt9fM8 fTWI 1 ' awtTREffI OMMOMT'q 14 cal MAD Kcal MAD tV % ^ • 1,it,.. � ?PM. ` 0PE0.040l1'0 YACECK,,,,,t •. /the[ SECTION AT STREET'S' lm.vs :JARS QU .� _ _ it j �l 11 �y r t ff 4; Apr 11 '4' t ..Ar/ ,w.{oriAnt< YAl N11 / \\ .7.--4.N.. YMTtl.i • '. r7 II . RECREATION FACILITY 1"= 10'47- SHEET 2 OF 3 SECTIONS, ELEVATIONS AND ENLARGEMENTS LANDSCAPE CONCEPT PLAN FOR:!Al MIRA LOMA APARTMENTS INLAND COMMUNITIES CITY OF TEMECULA = -.-- C01.1.011.90V11 Ner01 CANACE3 COVII1,41-C,011 r40 INALE STNI TYPICAL PERIMETER SLOPE PLANTING PLAN CONCtPIUM PtAtIl ILICAND• MICA. SLOPE FLYCING wrws.nts V11101.01.13(Pnmwq tt0=t7".' SHEET 3 OF 3 TYPICAL PLANTING ENLARGEMENTS LANDSCAPE CONCEPT PLAN FOR: MIRA LOMA APARTMENTS INLAND C MMLINITIES 11111 CITY OF MMECUL A COUNCIL BUSINESS Item No. 18 Approvals City Attorney Chief Financial Officer City Manager 07-e-r- Atd CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Bob Johnson, City Manager DATE: November 13, 2012 SUBJECT: Community Service Funding Program for Fiscal Year 2012-13 PREPARED BY: Betsy Lowrey, Sr. Management Analyst RECOMMENDATION: 1. Review and approve the Fiscal Year 2012-13 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendation of $67,500 to 14 organizations, which includes an appropriation of $7,500 to the Community Service Funding Program from the General Fund available fund balance; 2. Authorize the Community Service Funding Program Ad Hoc Subcommittee to research opportunities that may broaden City programs in order to support various community needs that remain unfunded by the Community Service Funding Program. BACKGROUND: The City Council appointed Mayor Chuck Washington and Mayor Pro Tem Mike Naggar to the fiscal year 2012-13 Community Service Funding Ad Hoc Subcommittee to allocate grant funds up to $5,000 per non-profit organization that provides community services to the citizens of Temecula. The Community Service Funding Program adopted fiscal year 2012-13 budget is $60,000. Community Service Funding Program Applications were e-mailed or mailed to approximately 90 non-profit organizations in the Temecula Valley area. Applications were sent to community- based organizations that were in the City's database from the last distribution period, as well as those organizations that called or stopped by City Hall requesting an application. In addition to the e -mailing and mailing, advertisements were placed in the local newspapers, and the application and guidelines were posted on the City's website. A total of 41 organizations submitted applications requesting $198,668 in grant funding. The Ad Hoc Subcommittee, along with staff members, reviewed the requests for funding based on criteria previously adopted by the entire City Council to continue to support those non-profit organizations who offer community -wide services such as food, clothing, shelter, and medical care. After review and discussion, the Ad Hoc Subcommittee recommends that 14 of the 41 organizations receive grant funding up to $5,000 each, totaling $67,500. This includes increasing the Community Service Funding Program fiscal year 2012-13 budget of $60,000 by $7,500 to be able to fund (1) The Special Olympics of Temecula Valley in the amount of $2,500 provided that their training and competition programs will benefit several individuals with disabilities who are residents of the City of Temecula; and (2) The Temecula Valley Museum in the amount of $5,000 in order to support a program that transports underserved school districts on field trips to the Temecula Valley Museum. The Ad Hoc Subcommittee further recommends that staff research opportunities to enhance City -sponsored community service programs, as part of the review of the City's fiscal year 2013-14 operational budget, in order to fund various community needs that may not fit within the general criteria of the Community Service Funding Program. This may include, for example, enhancing the City's Human Services program or sponsoring underfunded/unfunded school programs that would support students within the Temecula Valley Unified School District. Mayor Washington noted that he abstains from discussions and recommending funding to All From the Heart, Inc., and Mayor Pro Tem Naggar requested that it be noted that neither he nor his family receives services from Our Nicholas Foundation, Inc. FISCAL IMPACT: Funds are available in the fiscal year 2012-13 Community Service Funding line item budget in the amount of $60,000. An appropriation of $7,500 from the General Fund available fund balance is necessary in order to fund the Community Service Funding Ad Hoc Subcommittee recommendation totaling $67,500. ATTACHMENTS: 1. Fiscal Year 2012-13 Community Service Funding Program Ad Hoc Subcommittee Recommendation Spreadsheet 2. Fiscal Year 2012-13 Community Service Funding Program Applications CITY OF TEMECULA FY 2012-13 Community Service Funding Program Ad Hoc Subcommittee Recommendations Account No. 001-101-999-5267 APDL NO. 1 NAME OF ORGANIZATION AARP FOUNDATION TAX - AIDE CA -5 PROJECT Purchase equipment, laptops, wireless printers and wireless routers, used specifically for preparing taxes using professional software supplied by IRS. Application indicates equipment will be used at locations in Temecula as well as in the surrounding cities. 2011-12 AWARD $ - 2012-2013 REQUEST $ 5,000 Ad Hoc Subcommittee Recommendation $ - Comments 2 ALL FROM THE HEART SUPPORT OUR TROOPS: Honor 30 active military families with "9th Annual Holiday Party," open to the public. Volunteers will shop and wrap gifts and host honored families. All families have special circumstances ie, cancer, missing limbs, PTSD, special needs children. $ - $ 5,000 $ - 1 of 3 projects by All from the is by 3 ALL FROM THE HEART DIVINE EQUINE HORSE THERAPY: Horse Therapy sessions for military personnel all suffering from combat "PTSD". Combined with counseling, Horse Therapy benefits in healing; proven successful. $ - $ 5,000 $ - 2 of 3 projects by AII from the Heart 4 ALL FROM THE HEART WHEELS FOR WARRIORS: Refurbish power wheel chairs, new batteries, etc. Gift them to all Veterans (of all branches) In need.NOTE.: $ 5,000 $ 5,000 5,000 3 of 3 projects by All from the Heart Mayor Chuck Washington abstains from this recommendation. 5 ASSISTANCE LEAGUE OF TEMECULA VALLEY Complete a building improvement at ALTV's Temecula headquarters and public thrift store location. Flooring requires repair and renovation for safety and durability. $ 5,000 $ 5,440 5,000 APPLNO. 6 OF ORGANIZATION BIRTH CHOICE OF TEMECULA PROJECT PROJECT "Pregnancy Resource Services for Community" - Offer education, options counseling, material and practical support and support of pregnancy and post pregnancy to 2 years of age. Provide the families children with clothing, gas and food cards, charity car referrals, baby food and formula, baby clothing, baby nursery furnishings, etc. 2011-12 AWARD $ 5,000 2012-2013 REQUEST $ 5,000 Ad Hoc Subcommittee Recommendation 5,000 Comments 7 BOYS & GIRLS CLUB OF SOUTHWEST COUNTY "Old Town Air Conditioner" - Install a new air conditioning unit (current one is 18 years old). Flush and clean refrigerant lines and air filter grills to protect the new system. $ 5,000 $ 8,000 $ 5,000 8 BROADWAY STARZ - FAMILY THEATER ACADEMY "Microphones for Actors" Purchase microphones for the actors in productions in Temecula and Murrieta Valley. $ - $ 5,000 $ - 9 CAMP DEL CORAZON Residential summer camp for children living with heart disease. Purchase camp expenses ie., food, program materials, camp rental, water bottles, name badges, campt-shirts, boat/transportation expenses (also used for any emergency med-evacuation purposes) and medical safety supplies. $ - $ 5,000 $ - 10 CANINE SUPPORT TEAMS INC. "Paws for Wounded Vets" & "Southwest Juvenile Hall Program" Request funding be divided between a service dog for Juan Dominguez (currently approved, awaiting $6500 fee required to obtain service dog). We would apply $2500 of Award toward Juan's service dog. The remaining funding of $2500 applied to our Southwest Juvenile Hall Program for (7) dogs going thru the training program for 2013. $ - $ 5,000 $ - 11 CHAPARRAL HIGH SCHOOL - FOUNDATION GRAD NIGHT "Chaparral High School Grad Night" Pay for entertainment & activities at Grad Night event. Purchase door prizes and food and beverages for the entire evening for graduates. $ - $ 5,000 $ - APPL NO. NAME OF ORGANIZATION PROJECT 2011-12 2012-2013 Ad Hoc Subcommittee AWARD REQUEST Recommendation Comments 12 CITIZEN'S SCHOLARSHIP FOUNDATION OF TEMECULA VALLEY - TVHS Provide scholarships for graduating high school students who have met the academic requirement. $ 5,000 APDL NO. 13 NAME OF ORGANIZATION CITIZEN'S SCHOLARSHIP FOUNDATION OF TEMECULA VALLEY - RANCHO VISTA/SUSAN H. NELSON HS PROJECT Provide scholarships for graduating high school students who have met the academic requirement. 2011-12 AWARD $ - 2012-2013 REQUEST $ 5,440 Ad Hoc Subcommittee Recommendation $ - Comments 14 CITIZEN'S SCHOLARSHIP FOUNDATION OF TEMECULA VALLEY Operating expenses ie, software updates for our accounting purposes (Quicken), updated software for website utilization and management, computer to dedicate to Citizen's Scholarship Foundation. $ - $ 5,000 $ - 15 CITIZEN'S SCHOLARSHIP FOUNDATION OF TEMECULA VALLEY - GREAT OAK HS Provide scholarships for graduating high school students who have met the academic requirement. $ $ 5,000 $ - 16 CITIZEN'S SCHOLARSHIP FOUNDATION OF TEMECULA VALLEY - CHAPARRAL HS Provide scholarships for graduating high school students who have met the academic requirement. $ $ 5,000 - 17 DANCE THEATRE COLLECTIVE OF SOUTHERN CALIFORNIA "Avocado Dance Theatre" - Pay for use of the Old Town Temecula Community Theatre dance studio for its rehearsals, open company classes, workshops and master classes. $ - $ 5,000 $ - 18 GOD'S FAN CLUB DBA PROJECT TOUCH "Transitional Housing Program" Pay for the cost of one apartment unit and utilities that we provide as an emergency unit for families and single mothers with children. We use this unit as a triage when we get homeless situations involving children. $ 5,000 $ 5,000 $ - 19 GREAT OAK HS AFTER PARTY COMMITTEE /GOALS "GOHS Graduation After Party 2013/Grad Night" - Purchase "Graduation After Party" shirt, professional photograph, live music video, entertainment, food for entire evening, additional gifts. Raffle prizes ie computer, free dinners, etc. $ - $ 5,000 $ - APDL NO. 20 OF ORGANIZATION HABITAT FOR HUMANITY INLAND VALLEY PROJECT PROJECT "A Brush with Kindness" - Funding will be used to offset cost of home repair materials to low-income homeowners in Temecula. 2011-12 AWARD $ - 2012-2013 REQUEST $ 5,000 Ad Hoc Subcommittee Recommendation $ 5,000 Comments 21 HOSPICE OF THE VALLEYS "Senior Assistance Program" - Increase access to hospice care for those with limited or no funding source. Extend ability to pay for more patients to receive unreimbursed medications, durable medical equipment and medical supplies essential to provide highest quality comfort care. Benefits Temecula (and surrounding communities) $ 2,500 $ 5,000 5,000 APPL NO. 22 OF ORGANIZATION INTERNATIONAL CHRISTIAN ADOPTIONS DBA INSTITUTE FOR CHILDRENS AID PROJECT PROJECT Pay for the continued operations of the mobile Children's Peace Exhibit, which provides education and awareness regarding children's rights. 2011-12 AWARD $ - 2012-2013 REQUEST $ 1,500 Ad Hoc Subcommittee Recommendation $ - Comments 23 ME KE ALOHA FOUNDATION Purchase a music system, decorations for stage and authentic Hawaiian dance- costumes. $ $ 5,440 24 MICHELLE'S PLACE BREAST CANCER RESOURCE CENTER "Breast Health Assistance Program" Award will pay for a minimum of 60 women to receive diagnostic breast health services, navigation and support through our Patient Navigator. $ 5,000 $ 5,000 $ 5,000 25 OUR NICHOLAS FOUNDATION "Sports and Support Group" Purchase therapy tools, technology aides, sensory toys, printed resources guides and books. Pay for family outings including movie nights, Harvest Festival, Holiday Party, etc., tailor made for families with special needs. $ 5'400 $ 5'440 5,000 NOTE Council Member Naggar noted that he nor his rarnilyreceives services from this non-ptorit. 26 RIVERSIDE AREA RAPE CRISIS CENTER "Direct Services to Rape Victims/Rape Awareness and Prevention" Assist sexual assault victims and provide Child Abuse Prevention programs in the city of Temecula. $ - $ 5,000 $ - 27 SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA "Senior Citizens Service Center Food Bank" - Purchase food for over 13,000 low income seniors and families. Pay for cost of refrigeration, repairs and needed warehousing. Serves Temecula and surrounding communities $ 5,000 $ 5,000 $ 5,000 28 SPECIAL OLYMPICS TEMECULA VALLEY Funding will provide year-round sports training and competition programs to more than 200 individuals with intellectual disabilities. Purchase sports equipment, uniforms, transportation, facility rentals and game fees. $ $ 2,500 2,500 APPL NO. 29 OF ORGANIZATION THE SPIRIT OF GREAT OAK BAND PROJECT PROJECT "New Years Day Parade London 2013" Funding will assist with the costs of shipping marching band uniforms and instruments as well as classroom supplies. 2011-12 AWARD $ -, 2012-2013 REQUEST $ 5,000 Ad Hoc Subcommittee Recommendation $ - Comments 30 T.E.A.M. EVANGELICAL ASSISTANCE MINISTRIES DBA TEMECULA COMMUNITY PANTRY Pay for overhead ie, gas, electric, water and telephone. $ 5,000 $ 5,000 - 31 TEMECULA MOUNTAIN LIONS RUGBY CLUB "Mobile Community Trailer" - Purchase a cargo trailer to haul equipment to local functions including to local parks for free clinics on wellness and rugby throughout the year. $ - $ 3,968 $ - 32 TEMECULA SUNRISE ROTARY CLUB "Rotary Safety Town" Funding to support interactive safety awareness course for children. $ - $ 5,000 $ - 33 TEMECULA VALLEY ART LEAGUE "Season Events" free student memberships; promotes art education. $ $ 5,000 $ - 34 TEMECULA VALLEY GARDEN CLUB "Juan Dominguez Home Landscape" - Complete new home landscape accessible by wheel chair; design garden with waterwise low water requirement plants and low maintenance features, incorporate pathways easily maneuvered by wheel chair; add water features providing peace and tranquility. $ - $ 5,000 $ _ 35 TEMECULA VALLEY MUSEUM, INC. "Museum Field Trip Outreach Program" - Funding for busing elementary school students from surrounding, underserved school districts on field trips to the Temecula Valley Museum. $ $ 5,000 $ 5,000 APPL NO. 36 NAME OF ORGANIZATION TEMECULA VALLEY PEOPLE HELPING PEOPLE PROJECT "2012 Care to Share Holiday Programs" Christmas gifts for children, seniors and vets. Food for Thanksgiving and Christmas. Help those in need for the holidays, in the city of Temecula only. 2011-12 AWARD $ 5,000 2012-2013 REQUEST $ 5,000 Ad Hoc Subcommittee Recommendation $ 5,000 Comments 37 TEMECULA VALLEY ROSE SOCIETY "Rose Haven Heritage Garden" Purchase 2 additional tables and 6 benches for seating. $ $ 2,700 - 38 TEMECULA VALLEY YOUNG MARINES "Operation Citizen" - Funds to be used to send youngsters to attend "Young Marines National Summer Programs". These programs consist of Adventures, Challenges, Encampments and Schools. Schools consist of courses in leadership, US History, customs, courtesies, Marine Corps history, close order drill, first aid, physical training and nutrition. $ - $ 5,000 $ - APPL NO. 39 NAME OF ORGANIZATION VETERANS OF FOREIGN WARS POST 4089 PROJECT Actively assist veterans, POW/MIA's, active troops and their families who reside in Temecula Valley with monthly food boxes, newborn baby supplies, eligible medical & disability compensation, support of school programs promoting patriotism, troop supplies, supportive events, and holiday baskets. 2011-12 AWARD $ 5,000 2012-2013 REQUEST $ 5,000 Ad Hoc Subcommittee Recommendation 5,000 Comments 40 VNW-CIRCLE OF CARE, INC. "Food Distribution" Pay for operational expenses namely rent for facilities, office and warehouse space. $ 5,000 $ 5,000 $ 5,000 41 WHISPERING MEADOWS RANCH EQUINE RESCUE Assist in payment of building an area where students can groom and prepare horses for their lessons, out of the elements. Purchase of a hot walker, a tool that allows students to connect the horses to after their lessons for cooling down. Purchase of a wash rack for bathing horses, helmets, saddles, bridles, grooming equipment and carts for stall cleaning. $ - $ 5,000 $ - $ 62,500 $ 198,668 $ 67,500 City of Temecula 2012-13 CS Funding Program APPLICATION NO. 1 11 CITY OF TEMECU.TLA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000 Project Name: AARP Tax -Aide Project Start Date: All Year (Maximum allowable $5,000) Project End Date: Does Not End ORGANIZATION INFORMATION Name of Organization: AARP Foundation Tax -Aide CA -5 Contact Name: John Konen Title / Position: Technology Specialist Mailing Address: 46105 Via La Colorada, Temecula, CA 92592 Telephone Number: 951-303-0975 Year Organization Founded: 1968 Number of Paid Staff: None Number of Volunteers: All CA -5 = 823; Temecula Area = 53 Geographic Areas Served: Riverside, Orange, Imperial, San Diego & San Bernardino Counties Is this organization incorporated in California as a non-profit organization? Yes No x Effective Date: N/A if "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: Federal identification number: State identification number: 1f "no"; Name of sponsoring organization: AARP Foundation Federal identification number: 52-0794300 (See attached) State identification number: N/A This application has been authorized by the organization's: Executive Committee x Board of Directors Members -at -Large Application Page 1 032701 RSC Department of tho Treasury Internal Revenue Service P.O. Box 2508 Cincinnati OH 45201 AARP FOUNDATION TAX DEPARTMENT 601 E ST NW WASHINGTON DC 20049 In reply refer to: 0248119468 Aug. 06, 2008 LTR 4168C E0 52-0794300 000000 00 000 00018190 BODC: TE Employer Identification Number: 52-0794300 Person to Contact: Carol A. Kraft Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your request of July 28, 2008, regarding your tax-exempt status. Our records indicate that a determination letter was issued in May 1963, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. bur records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(I)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I FINANCIAL, STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit If available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. Introduction: AARP Tax -Aide is the nation's largest, free, volunteer run, tax preparation service. Jointly sponsored by the IRS and AAPR, it is administered by the AARP Foundation Tax -Aide, a charitable, nonpartisan, nonprofit, 501 c, 3, entity. Nationally, there are 31,000 unpaid tax preparer (tax counselor) volunteers who are trained, tested and certified annually by an IRS - AARP team. The free tax preparation service is provided to roughly 2,000,000 taxpayers. There are five sub -State divisions within California. The counties of Riverside, Orange, Imperial, San Diego and San Bernardino are serviced by the sub -State, CA -5. Between Feb 1 and April 15, 2012, CA -5 tax counselors prepared and e -filed 36,000 tax returns. This yielded $5,356,500 in refunds. In the city of Temecula, CA -5 prepares taxes at two sites; viz., the Mary Phillips Senior Center (since 1993) and the Grace Mellman Library (since 2010). During the 2012 tax season at these two sites; 425 returns were prepared and e -filed by a pool of 12 tax counselors and 5 client facilitators, resulting in $69,500 of tax refunds. This does not include the hundreds of clients who were helped by preparing returns that required paper filing and those that required no filing but the counselors completed IRS Form 9453. Mission: AARP Tax -Aide is dedicated to help prepare and electronically file the Federal and State Income Tax Returns free of any charge and in a timely and professional manner for individuals and families including home shut-ins and those who are facility bound. AARP Tax -Aide focuses primarily on taxpayers with low to modest income; that is, those least likely to afford paid service. While most of the effort occurs between February 1 and April 15, the service is available throughout the year. Criteria: AARP Foundation Tax -Aide CA -5 relies strictly on grants and donations. It is not permitted to solicit money from the people served. Funds for some operating expenses are provided by the IRS (tax preparation software) and AARP (printing) but funds for the greater expenses like computers and printers are rare. Actually these funds are no longer available because of the current state of the economy. Being partnered with the IRS, Tax -Aide has access to tax experts so those in need can be professionally served. Its reputation is AAA as verified by the attached letter from the Mary Phillips Senior Center. The grant should be made out to the AARP Foundation Tax -Aide CA -5 and sent to AARP in Washington DC. Monies spent by the local branch (CA -5) are closely monitored by the AARP Foundation. AARP Tax -Aide has been operating in Temecula for 20 years. It has a recruiting program to grow through new volunteers. Since AARP Tax -Aide operates under IRS guidelines it will not discriminate on the basis of race, religion, sex, national origin, etc. The success of the program can be measured in many ways such as number of returns filed, number of persons served, amount of refunds received, etc. These data can be verified by both the AARP Foundation and the IRS. Considering the activities, the professionalism of the unpaid volunteers and the impact on the community, AARP Foundation Tax -Aide CA -5 is one of the best, if not the best, "bang for the buck" possible. Application Page 2 August 13, 2012 City of Temecula Community Services Department 41000 Main Street • Temecula, CA 92590 Mailing Address: PO. Box 9033 • Temecula, CA 92589-9033 Phone (951) 694-6480 • Fax (951) 694-6488 • www.cityoftemecula.org To whom it may concern: Since 1993 AARP Foundation Tax Aide CA -5, a nonprofit organization, has offered free tax preparation services to the elderly and low income citizens at the Mary Phillips Senior Center, the Grace Mellman Library, and several other locations in South West Riverside County. Those who take advantage of the expertise of these volunteers are extremely grateful for this important service. They leave the sites with the assurance that their tax return was professionally prepared by an IRS trained and certified tax preparer. The volunteers not only provide free tax aide from February 1st until April 15th (or whenever the deadline is), but are available throughout the year for those who may have forgotten to file; those who have IRS or California State tax issues; or those who, for a variety of reasons, need to amend their tax returns. Because they are a nonprofit organization, and because of the need to continue and hopefully expand this service to many more in the community, the help of a grant will provide the funds necessary to purchase needed additional equipment . On behalf of the Mary Phillips Senior Center I ask that you support this program of the AARP Foundation by granting their request for assistance through a grant fund. This grant will help them to continue providing services to hundreds of Temecula residents who can't afford the cost of going to a paid tax professional. If you have any questions regarding this matter you can reach me at the number listed below. Thank you for your assistance! Sincerely, Candice Adkisson-Flohr Recreation Supervisor City of Temecula, Community Services Department 951-694-6464 Candice.Adkisson@cityoftemecula.org Printed on Recycled Paper PROJECT DESCRIPTION Haw well your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volirtteers involved, Be specific. Include equipment or services Mat would be purchased and why, Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of orle double-spaced typewritten page of information. (Please type or print legibly.) The grant will be used to purchase equipment, specifically up to 16 laptops, 2 wireless printers and 2 wireless routers. The equipment is used specifically for preparing taxes using the professional software supplied by the IRS. This wireless combination allows us to prepare and file taxes in the most secure way, as defined by the IRS, since no individual taxpayers data will reside on the computers, but on a remote server managed by the software supplier. As in the past, tax preparation will be done at The Mary Phillips Senior Center and the Grace Mel!man Library. Up to sixteen tax counselors will participate at those sites, many more during the training sessions. In addition to the tax counselors, up to five certified client facilitators assist the taxpayers with organizing their income information. Note: The equipment may also be used at times in the surrounding communities of Murrieta, Sun City, Perris, Lake Elsinore and Wildomar. The requested funding of $5,000 is insufficient to cover the needs, but it will go a long way in helping the program to continue. In the past we relied on volunteers using their own equipment but that practice cannot continue in that The AARP Foundation does not insure personal equipment. One final comment, due to the decreased earnings of many clients, this free of charge service is required more than ever. Application Page 3 PAST PROJECT BENEFITS If your arganizMlon received City of Temecula funding In the previous year, please explain and show tow Temecula residents benefited. AARP Foundation Tax -Aide CA -5 has never received City of Temecula funding. Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: John Konen Technology Specialist NAME and TITLE (Please Print or Type) PRESIDENT or AURTHORIZED OFFICER: SIGNATURE:, Sheridan Heidemann State Coordinator NAME and TITLE (Please Print or Type) ORGANIZATION NAME: AARP Foundation Tax -Aide CA -5 MAILING ADDRESS: AARP Foundation Tax -Aide 601 E Street NW, Washington DC, 20049, Attn: Kim Smith TELEPHONE: 1-800-424-2277 EMAIL ADDRESS: ksmith@aarp.orq DATED THIS 28TH of AUGUST , 2012 (Day) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mall Completed Applications to: City of Temecula Community Service Funding Program Attn: Eva Pharis ? City Manager's Office Post oft Bose 9033 Temocuia, CA 925139/033 Or Deliver in Person to: Ci1.y of 'Temecula Community Service Funding Program Alin: Eva Pnarls r City Manager's Office 41000 Mao Streel Temecula. CA 92590 Application Pa@ 5 City of Temecula 2012-13 CS Funding Program APPLICATION NO. 2 CITY OF TEXECIILA. FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ \ (')(91J") / (, 1 Project Name: �, Q n o r rOCIDC. Project Start Date (-gap_ Project End Date: (Maximum allowable $5,000) ,r2 C Do 1:D__ ORGANIZATION INFORMATION Name of Organization: fF / I J kC -,-1 Title/Position: PAR S (ler) r i Contact Name: Mailing Address: Telephone: 53.-j, 2 l �O Number of Paid Staff: Geographic Area(s) Served: Year Organizat *n Founded: 060d - Number UUd- Numbe\of Volunteers: Is this organization incorporated in California as a non-profit organizat Yes No Effective Date: 020d,,6 Yik bA-.) If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: \ 37530?9 Federal identification number: State identification number: If "no": Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors Application Page 1 Members -at -Large FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. t1M ha�ne ,boPN/1 hornir7��.e ed/a aveY/ f 1-)aP40 a 5. 17)6,1271, (kaiv/ OJf ex 2 e/Yr /g/7'v e e �c0 Ur), Oin ec- &kite tV/7A a})--)//,;�� Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) e Wig P /d •� \3Z) / -a/771/445- 6)1( )(1e-Af C ' - fl 2 &a/o - a/7/7 ua/ (,fid /, /7/ br J Ond i?vs7 oc�� m/ //P.r relutipAnD /f// 1 6/a 7Xe aJ79; s // Ca- 4(2{1)1 1‘/I; — C'l�C'c�h2s7(J2c UrGAzzi-e Aet o -to' ('»wr ///7)-' P7 -s --/D Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. G(16 f a (Jr) arr/ m/// 7—&2 Ce7" '/e_ A d//c?'c <<? a,:( a 14, pihkc! A (lit (me- yo,// oer 7a 7Xe , /4-)(U ( win -r Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. 0, der- ("‹i d T f L Tee, PREPARED SIGNATURE: PRESIDENT or yyr AUTHORIZED OFFICER: , �JiL,e Cr NAME and TITLE (Please Print or Type) AME an c( LE (PI as : Print or Type) SIGNATURE:l l/5/%� ORGANIZATION NAME: % Or%%') r/I6 /V/X/9"/€7 MAILING �/V� ADDRESS: X6l p ‘ (fe /�f/ WGA L-rel, cg _ 9 ���— TELEPHONE: ?57 9'�D 9D.j 7 EMAIL ADDRESS. DATED THIS (Date) of , 2012 BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 F E2 006222 IRS Department of the Treasury Irterwal Resetau Service OGDEN UT 84201-0038 ALL FROM THE HEART INC % KELLY M DANIELS 27475 YNEZ RD STE 215 TEMECULA CA 92591-4612759 Employer Identification Number: Advance Ruling Period Ends: Person to Contact: Toll Free Telephone Number: Dear Taxpayer: In reply refer to: 0437758652 Mar. 06, 2008 LTR 4180C E0 22-3953079 000000 00 000 00024588 BODC: TE 22-3953079 Dec. 31, 2010 K. Wardleigh 1-877-829-5500 This is in response to your Feb. 26, 2008, request for information regarding your tax-exempt status. Our records indicate that a determination letter was issued in July 2007, that recognized you as exempt from Federal income tax, and reflect that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records also indicate that you are classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Code until the advance ruling period ending date shown above. Within 90 days from the end of the advance ruling period, you must submit Form 8734, Support Schedule for Advance Ruling Period, to enable the IRS to determine whether you meet the applicable public charity support tests and make a final determination of your public charity status. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Grantors and contributors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within 90 days, grantors and contributors may continue to rely on the advance determination until the Service makes a final determination of your public charity status. I 0437758652 Mar. 06, 2008 LTR 4180C EO 22-3953079 000000 00 000 00024589 ALL FROM THE HEART INC X KELLY M DANIELS 27475 YNEZ RD STE 215 TEMECULA CA 92591-4612759 If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, cx,./4,_.a., 6.4,114,w_r Deborah Bingham Accounts Management I STATE OF CALIFORNIA FRANCHUSE TAX BOARD PO 30X 1286 RANCHO CORDOVA CA 95741-1286 August 3, 2009 ALL FROM THE HEART INC NC LESLIE A DOHERTY 29970 TECHNOLOGY DR STE 220-H MURRIETASA CA 92563-2650 Purpose : Code Section .• Form of Organization : Accounting Period Ending: Organization Number : CHARITABLE 23701d Corporation December 31 2898008 In reply refer to 755:AFF:ARJ EXEMPT ACKNOWLEDGEMENT LETTER This letter acknowledges that the Franchise Tax Board (FTB) has received your federal determination letter that shows exemption under Internal Revenue Code (IRC) Section 501(c)(3). Under California law, Revenue and Taxation Code (R&TC) Section 23701d(c)(1) provides that an organization is exempt from taxes imposed under Part 11 upon submission of the federal determination letter approving the organization's tax-exempt status pursuant to Section 501(c)(3) of the IRC. The effective date of your organization's California tax-exempt status is 06/26/2006. R&TC Section 23701d(c)(1) further provides that the effective date of an organization's California tax-exempt status is the same date as the federal tax-exempt status under IRC Section 501(c)(3). Under R&TC Section 23701d(c), any change to your organization's operation, character, or purpose that has occurred since the federal exemption was originally granted must be reported immediately to this office. Additionally, organizations are required to be organized and operating for August 3, 2009 ALL FROM THE HEART, INC.NC. ENTITY ID : 2898008 Page 2 nonprofit purposes to retain California tax-exempt status. For filing requirements, see FTB Pub. 1068, Exempt Organizations - Requirements for Filing Returns and Paying Filing Fees. Go to our website at ftb.ca.gov and search for 1068. Note: This exemption is for state franchise or income tax purposes only. For information regarding sales tax exemption, contact the State Board of Equalization at 800.400.7115, or go to their website at boe.ca.gov. A JENKINS EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) 845-4605 FAX NUMBER (916) 845-9029 RTF: All From The Heart, Inc Balance Sheet As of June 30, 2012 Jun 30, 12 ASSETS Current Assets CheckingiSavings Commerce Bank - Operating 19,366.40 Total Checking/Savings 19,366.40 Total Current Assets 19,366.40 TOTAL ASSETS 19,366.40 LIABILITIES & EQUITY Equity Unrestrlct (retained earnings) 29,740.15 Net Income -10,373.75 Total Equity 19,366.40 TOTAL LIABILITIES & EQUITY 19,366.40 Page 1 FOR MANAGEMENT PURPOSES ONLY City of Temecula 2012-13 CS Funding Program APPLICATION NO. 3 CITY OF TEMECULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ "5 a 0 l) , () () (Maximum allowable $5,000) Project Name: �,} l� ih � 0 !/, Ni 7 -Se -7/yo '„, . y � Project Start Date: ��ef� ' (9 0/ _Project End Date: 7 U ORGANIZATION INFORMATION Name of Organization: Contact Name: Mailing Address: Telephone: 95t "5.'2, 9k5/ Year Organization Founded: // /-1-rneT- Title/Position: (S ^l es Number of Paid Staff: Number of Volunteers: \3 0 y6 Geographic Area(s) Served: P%tee/3";& (2A )1)) Is this organization incorporated in California as a non-profit organization? Yes No Effective Date: ao()h If "yes” (Must provide a copy of your statement ofi non- profit status from the Sta e of California): \ Date of incorporation as a non-profi . //)Lci 024 (On 6 Federal identification number: - — 96 `� 0 7 State identification number: If "no": Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors Application Page 1 Members -at -Large FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. Wei hof- m I Pry fa/7v les 1/ 1/ /"ICI AQi 01 Atw ,6e&-) 7)0) 91Mo-7i-4? cgovi--C:40_// /UY /X f1{17- 6 7 7;4 a�-- 4),e cAoacii - Ai(e 127e"- ace 12-- !1' del- /741-,2e /rc/%0/.1"T��- r W0/41-1111 b-7 `-11e2 z'h':-- 4.- c-20/,_ ,hem >e/iK lti/ ,77 t// Q Application Page 2 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Application Page 4 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) ( L Gds'// d 1' t r> tc.)/72( Y -/-e 7&nee C a PLS - arse Af„ Au, I'e ` SS) -6?-) 11\e I71f/;7ce f{e; a afr d 6( Ey? aziK re Ccf/e-/-? 7f OU .2Xkc oll�� 40// " S. ID mss a)Y 7e/c7 deed /.f; f,c-r /i) /S /7)//,'i�to, )-� a (V/)(,,C/�--- Application Page 3 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: Siiand TIT E (Please Print or Type) A GSL' PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: AME a • TITL (PI = ase Print or Type) ORGANIZATION NAME: MAILING ADDRESS: 5i F-70'12 1/47i( TELEPHONE: eh?, ('». �p2� 9c/ n 4-/-4)) 9a57 EMAIL ADDRESStivZ/ k (A9/J42'c/i DATED THIS (Date) ( , 2012 �� (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 006222 IRSpepartmthe Trary I>•Ienul Rarttofere..e Serslce OGDEN UT 84201-0038 ALL FROM THE HEART INC % KELLY M DANIELS 27475 YNEZ RD STE 215 TEMECULA CA 92591-4612759 In reply refer to: 0437758652 Mar. 06, 2008 LTR 4180C EO 22-3953079 000000 00 000 00024588 BODC: TE Employer Identification Number: 22-3953079 Advance Ruling Period Ends: Dec. 31, 2010 Person to Contact: K. Wardleigh Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your Feb. 26, 2008, request for information regarding your tax-exempt status. Our records indicate that a determination letter was issued in July 2007, that recognized you as exempt from Federal income tax, and reflect that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records also indicate that you are classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Code until the advance ruling period ending date shown above. Within 90 days from the end of the advance ruling period, you must submit Form 8734, Support Schedule for Advance Ruling Period, to enable the IRS to determine whether you meet the applicable public charity support tests and make a final determination of your public charity status. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Grantors and contributors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within 90 days, grantors and contributors may continue to rely on the advance determination until the Service makes a final determination of your public charity status. e , • 0437758652 Mar. 06, 2008 LTR 4180C E0 22-3953079 000000 00 000 00024589 ALL FROM THE HEART INC X KELLY M DANIELS 27475 YNEZ RD STE 215 TEMECULA CA 92591-4612759 If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Ciall4"-641 414/-1114. Deborah Bingham Accounts Management I . I STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 1286 RANCHO CORDOVA CA 95741-1286 August 3, 2009 ALL FROM THE HEART INC NC LESLIE A DOHERTY 29970 TECHNOLOGY DR STE 220-H MURRIETASA CA 92563-2650 Purpose . Code Section . Form of Organization .• Accounting Period Ending: Organization Number : CHARITABLE 23701d Corporation December 31 2898008 In reply refer to 755:AFF:ARJ EXEMPT ACKNOWLEDGEMENT LETTER This letter acknowledges that the Franchise Tax Board (FTB) has received your federal determination letter that shows exemption under Internal Revenue Code (IRC) Section 501(c)(3). Under California law, Revenue and Taxation Code (R&TC) Section 23701d(c)(1) provides that an organization is exempt from taxes imposed under Part 11 upon submission of the federal determination letter approving the organization's tax-exempt status pursuant to Section 501(c)(3) of the IRC. The effective date of your organization's California tax-exempt status is 06/26/2006. R&TC Section 23701d(c)(1) further provides that the effective date of an organization's California tax-exempt status is the same date as the federal tax-exempt status under IRC Section 501(c)(3). Under R&TC Section 23701d(c), any change to your organization's operation, character, or purpose that has occurred since the federal exemption was originally granted must be reported immediately to this office. Additionally, organizations are required to be organized and operating for August 3, 2009 ALL FROM THE HEART, INC.NC. ENTITY ID : 2898008 Page 2 nonprofit purposes to retain California tax-exempt status. For filing requirements, see FTB Pub. 1068, Exempt Organizations - Requirements for Filing Returns and Paying Filing Fees. Go to our website at ftb.ca.gov and search for 1068. Note: This exemption is for state franchise or income tax purposes only. For information regarding sales tax exemption, contact the State Board of Equalization at 800.400.7115, or go to their website at boe.ca.gov. A JENKINS EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) 845-4605 FAX NUMBER (916) 845-9029 RTF: All From The Heart, Inc Balance Sheet As of June 30, 2012 Jun 30, 12 ASSETS Current Assets CheckinglSavings Commerce Bank - Operating 19,366.40 Total Checking/Savings 19,366.40 Total Current Assets 19,366.40 TOTAL ASSETS 19,366.40 LIABILITIES & EQUITY Equity Unrestrict (retained earnings) 29,740.15 Net Income -10.373.75 Total Equity 19,366.40 TOTAL LIABILITIES & EQUITY 19,366.40 Page 1 FOR MANAGEMENT PURPOSES ONLY City of Temecula 2012-13 CS Funding Program APPLICATION NO. 4 CITY OF TEME,C LA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ , 0 0d . 0 Project Name: �Ae el -5 -Por rs Project Start Date: ra / / 0 Project End Date: (Maximum allowable $5,000) ORGANIZATION INFORMATION Name of Organization: 14 /1 F2',--, Contact Name: Title/Position: Mailing Address: ) 6 V6 Cre e ttride 1 Telephone: yyt9, 9:057 Year Organi tion Founded: Number of Paid Staff:`---f�7 Geographic Area(s) Served: Number of Volunteers: /1S- (cfn Is this organization incorporated in California as a non-profit If "no": anization? Aar Yes No Effective Date: r9OCi (a If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: jc1 e a- b, J C (;2 Federal identification number: `\�j y6-30 '79 State identification number: 9 �ct ico 0 Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors Members -at -Large Application Page 1 7e et— FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. • le ,'jor AU_ /?7//1/t2 dm//es r _.(t (-a/761w ori CP. We Ad-pta Eo) horr17r7,,e., 0/0 c;20// Os p/i)/-7-7> 05z ale a ‘5- .12-2e17? Sida re- /9)eer- 0176 e a /72077-A Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) C ()Ter( 7) aier-- e tirc WV, re ark i-)t.c() 40a J7i-r- 'J VeleTr,f, 6/57-; .,7;/-?depery//2re ( -7Ve /-/-40 Lterail_JY /'k/ 2-)/-7? ).‘71/6( otr da-rr1-/bee/2 1 r (/t/;- hug Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. w2- 6,1 n°- ahk 7 6'k c_ o'er/t/C aurl2eC�-s7-Fr/ /--Adreie7cs- //7 r7ec e Y) C 4C) l Or)ehrPi/ i7i/h-a T(� �v/ &cA '7/?77& <J CV e %r l, •efa /to d ., • r Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: )6( NAME and TITLE (Please Print or Type) L PRESIDENT or AUTHORIZED OFFICER: \\ � / ((�M and ITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: MAILING ADDRESS: /9// Froy) TELEPHONE: I V$ (V, 90. 7 EMAIL ADDRESS: v DATED THIS of 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 006222 IRSDepartment of the Treasury Wentz. Revenue Service OGDEN UT 84201-0038 ALL FROM THE HEART INC X KELLY M DANIELS 27475 YNEZ RD STE 215 TEMECULA CA 92591-4612759 Employer Identification Number: Advance Ruling Period Ends: Person to Contact: Toll Free Telephone Number: Dear Taxpayer: In reply refer to: 0437758652 Mar. 06, 2008 LTR 4180C E0 22-3953079 000000 00 000 00024588 BODC: TE 22-3953079 Dec. 31, 2010 K. Wardleigh 1-877-829-5500 This is in response to your Feb. 26, 2008, request for information regarding your tax-exempt status. Our records indicate that a determination letter was issued in July 2007, that recognized you as exempt from Federal income tax, and reflect that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records also indicate that you are classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Code until the advance ruling period ending date shown above. Within 90 days from the end of the advance ruling period, you must submit Form 8734, Support Schedule for Advance Ruling Period, to enable the IRS to determine whether you Deet the applicable public charity support tests and make a final determination of your public charity status. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Grantors and contributors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within 90 days, grantors and contributors may continue to rely on the advance determination until the Service makes a final determination of your public charity status. I 0437758652 Mar. 06, 2008 LTR 4180C E0 22-3953079 000000 00 000 00024589 ALL FROM THE HEART INC X KELLY M DANIELS 27475 YNEZ RD STE 215 TEMECULA CA 92591-4612759 If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Deborah Bingham Accounts Management I STATE OF CALIFORNIA FRAME TAX BOARL PO BOX 1286 RANCHO CORDOVA CA 95741-1286 August 3, 2009 ALL FROM THE HEART INC NC LESLIE A DOHERTY 29970 TECHNOLOGY DR STE 220-H MURRIETASA CA 92563-2650 Purpose . Code Section . Form of Organization : Accounting Period Ending: Organization Number . CHARITABLE 23701d Corporation December 31 2898008 In reply refer to 755:AFF:ARJ EXEMPT ACKNOWLEDGEMENT LETTER This letter acknowledges that the Franchise Tax Board (FTB) has received your federal determination letter that shows exemption under Internal Revenue Code (IRC) Section 501(c)(3). Under California law, Revenue and Taxation Code (R&TC) Section 23701d(c)(1) provides that an organization is exempt from taxes imposed under Part 11 upon submission of the federal determination letter approving the organization's tax-exempt status pursuant to Section 501(c)(3) of the IRC. The effective date of your organization's California tax-exempt status is 06/26/2006. R&TC Section 23701d(c)(1) further provides that the effective date of an organization's California tax-exempt status is the same date as the federal tax-exempt status under IRC Section 501(c)(3). Under R&TC character, originally Section 23701d(c), any change to your organization's operation, or purpose that has occurred since the federal exemption was granted must be reported immediately to this office. Additionally, organizations are required to be organized and operating for August 3, 2009 ALL FROM THE HEART, INC.NC. ENTITY ID : 2898008 Page 2 nonprofit purposes to retain California tax-exempt status. For filing requirements, see FTB Pub. 1068, Exempt Organizations - Requirements for Filing Returns and Paying Filing Fees. Go to our website at ftb.ca.gov and search for 1068. Note: This exemption is for state franchise or income tax purposes only. For information regarding sales tax exemption, contact the State Board of Equalization at 800.400.7115, or go to their website at boe.ca.gov. A JENKINS EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) 845-4605 FAX NUMBER (916) 845-9029 RTF: All From The Heart, Inc Balance Sheet As of June 30, 2012 ASSETS Current Assets CheckinglSavings Commerce Bank - Operating Jun 30, 12 19,366.40 Total Checking/Savings 19,366.40 Total Current Assets 19,366.40 TOTAL ASSETS 19,366.40 LIABILITIES & EQUITY Equity Unrestrict (retained earnings) 29,740.15 Net Income -10,373.75 Total Equity 19,366.40 TOTAL LIABILITIES & EQUITY 19,366.40 Page 1 FOR MANAGEMENT PURPOSES ONLY City of Temecula 2012-13 CS Funding Program APPLICATION NO. 5 CITY OF r_PEIVIIECULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5 000.00 (Maximum allowable $5,000) Project Name: Thrift Store Floor Safety and Durability Improvements Project Start Date: 02 November, 2012 Project End Date: 18 November, 2012 ORGANIZATION INFORMATION Name of Organization: Assistance League of Temecula Valley (ALTV) Contact Name: Dorcas Shaktman Title/Position: President Mailing Address: 28720 Via Montezuma, Temecula, California, 92590-2510 Telephone: (951) 694-8018 Year Organization Founded: 1989 Number of Paid Staff: zero Number of Volunteers: 201 Geographic Area(s) Served: Temecula & Southwest Riverside County Economic Development Region Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: 15 June, 1989 If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: 15 June. 1989 Federal identification number: 33-0360419 If "no": State identification number: 1463456 Name of sponsoring organization: n/a Federal identification number: n/a State identification number: n/a This application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large Application Page 1 FINANCIAI. STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. ALTV provides human services to disadvantaged families in Temecula and the Southwest Riverside County Economic Development Region. All programs are operated & staffed by ALTV (member) & community volunteers. ALTV's Operation School Bell (OSB) program provides clothing to low-income schoolchildren within the service area. Since 1989. OSB has clothed nearly 22,000 children. ALTV's Operation Lend -A -Hand program employs volunteers to partner with existing community organizations to serve the basic needs of the hungry and homeless. A) ALTV is a 501(c)(31 nonprofit corporation headquartered in Temecula, California. B) ALTV offers essential basic services to any disadvantaged constituents within the local community. C) ALTV has operated continuously since 1989, grown its volunteer base and expanded its service offerings. D) ALTV is recognized in the community for its provision of services to disadvantaged persons, contributions to child welfare and education, and successful operation of its local thrift store. It has been publicly recognized by numerous local. regional and state organizations and governmental bodies each year for many years. E) ALTV engages rigorously in generally accepted accounting principles and prudent fiscal management. F) ALTV is well organized and endured for 24 years with an annually elected board of directors which governs, develops strategic plans and guides the organization and its programs forward within the scope of its mission. G) ALTV annually reports results related to the provision of its services within Temecula, other cities and within Riverside County. This is typically completed in relation to the CDBG grants funding for some ALTV programs. H) ALTV maintains and adheres to a comprehensive non-discrimination policy in all aspects of its efforts. I) ALTV does not require attendance or participation in any political, religious or social activity. J) Current financial statements are attached & independently audited financial statements are produced annually. K) Current annual budget demonstrating prudent use of financial resources is attached. L) ALTV provides services to all disadvantaged community members within the scope of its programs. M) ALTV continually assesses program efficiency, impact, outcome, and beneficiary satisfaction. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) If awarded, this amount will be used in full to complete a building improvement at ALTV's Temecula headquarters and public thrift store location. The improvement will enhance both safety and aesthetics. Currently, the existing 4,000 sq. ft. "furniture display room" within the thrift store building has flooring that requires repair and renovation. The concrete floor surface is uneven. improperly finished or damaged in particular locations and not ideally suited for continued use as a location for the sale of affordable goods to the local community. This short project will include the proper patching and evening of the concrete floor and the application of a colored epoxy finish that is both protective and well suited for high -traffic use. Written bids were obtained from regional businesses and individuals. A bid in the amount of $5,467.06 was selected and a contractor residing in the City of Temecula has been commissioned to complete this project for ALTV. In full disclosure, the contractor is also a volunteer for ALTV. This contractor is generously donating his efforts (80 hours) to this project. Additionally, ten (10) volunteers expending forty (40) hours of effort will be utilized to repeatedly move furniture within the work space. Financial costs are related to the acquisition of skilled labor (4 persons, 80 hours each) and materials (concrete, acid wash, tints, epoxy). The cost of this project, in excess of the $5,000.00 grant amount, will be funded by ALTV from monies garnered through thrift store sales. ALTV seeks the City of Temecula's financial assistance in completing this project. The project's completion will ensure that ALTV may continue to utilize this thrift store retail space to generate necessary income benefiting many of ALTV's philanthropic programs and disadvantaged persons throughout Temecula and surrounding areas. A complete PROJECT BUDGET, including all associated costs and volunteer efforts, and a SCHEDULE OF SIGNIFICANT EVENTS within the project timeline are attached to this application. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, ALTV received $5,000.00 in City of Temecula Community Service funding. This grant amount was utilized to reconfigure and enhance the use of office space and sales floor space within ALTV's Temecula headquarters and thrift store location. Operation School Bell (OSB). ALTV's largest philanthropic program, changed significantly in the year prior to the award of this grant. Because the majority of OSB operations related to clothing low-income children were relocated from the ALTV headquarters building to the store locations of local retailers. additional space became available within the ALTV building. The availability of floor space for new uses and simple economics dictated that freed space be re -purposed. The grant monies enabled the construction of necessary additional administrative/program office space and enabled the expansion of the adjacent "boutique" portion of the thrift store. Additionally. this permitted an modest expansion of thrift store floor space. Overall. these improvements increased thrift store floor- space and enhanced ALTV's ability to better serve the community by increasing the selection of affordable goods available for purchase. Additionally. increased floor space has enabled ALTV to increase sales which continue to fund its philanthropic programs serving Temecula and its entire service area. Finally, the much needed additions to office space have eased the burden of operating numerous philanthropic programs and administering thrift store operations from within limited physical space. Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Dan Somerston, Grant riter SIGNATURE: NA O v and TITL Please Print or Type) PRESIDENT or AUTHORIZED OFFICER: Dorcas Shaktman, President SIGNATURE: 44 NAME and TITLE (Please Print or Type) ORGANIZATION NAME: Assistance League of Temecula Valley MAILING ADDRESS: 28720 Via Montezuma Temecula, California 92590-2510 TELEPHONE: 951-694-8018 / 951-304-2605 EMAIL ADDRESS: altvgrantsAgmail.com DATED THIS 29th of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 STATE OF CALIFORNIA ' FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0540 Entity Status Letter Date: 8/24/2012 ESL ID: 2545865441 According to our records, the following entity information is true and accurate as of the date of this letter. Entity ID: 1463456 Entity Name: ASSISTANCE LEAGUE OF TEMECULA VALLEY El1. The entity is in good standing with the Franchise Tax Board. 0 2. The entity is not in good standing with the Franchise Tax Board. LTJ 3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701 d. 0 4. We do not have current information about the entity. The above information does not necessarily reflect: • The entity's status with any other agency of the State of California, or other government agency. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity did business in California at a time when it was not qualified or not registered to do business in California: o The status or voidability of any contracts made in California by the entity at a time when the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1). o For entities revived under R&TC Section 23305b, any time limitations on the revivor or limitation of the functions that can be performed by the entity. Internet and Telephone Assistance Website: ftb.ca.gov Telephone: 800.852.5711 from within the United States 916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons with hearing or speech impairments FTB 4263A WEB (NEW 02-2012) State of ifornia OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION A417175 1, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this Secretary of State Sec/ST*Te FORM CE -107 $6 40U1 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION 4417175 113 in The oli; a o: ';;K:.?,,<shry of State 71 the ;.`f.8te of c,.:I,form { APR 1 3 1992 LA DONNA JIMENEZ AND BETTY THOMPSON certify that: 1. They are the president and the secretary, respectively, of Assistance Guild of Temecula Valley, a California Nonprofit Public Benefit Corporation. 2. Article 1 NAME of the articles of incorporation of this corporation is amended to read as follows: The name of the corporation is ASSISTANCE LEAGUE OF TEMECULA VALLEY. 3. The foregoing amendment of articles of incorporation has been duly approved by the board of directors. 4. The foregoing amendment of articles of incorporation has been duly approved by the required vote of members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: April 8, 1992 LA DONNA JIM , BETT i'"THOMPSO,# Secretary President NONPROFIT State of Ca ifornia OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION 1, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. StcaSTATIt FOPS* CC. t 07 IN WITNESS WHEREOF, 1 execute this certificate and affix the Great Seal of the State of California this JUN 1 9 1989 Sectetard of State 'AA .lige VALLEY. 1463456 E.NC?oRSE.E i ED is ISe oifica of the Secre•c:i of 5 ARTICLES OF INCORPORATION Of ,hw srote of cofiiernio -OF- ASSISTANCE GUILD OF TEMECULA VALLEY J U Pd 1 5 1989 A California Nonprofit Public Benefit Corporation MARCH FONG EU, Secretary of I. NAME The name of the corporation is ASSISTANCE GUILD OF TEMECULA II. PURPOSES A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. B. The specific purpose of this corporation is to carry on a program of philantropic work in the community and to control and administer at least one major philanthropic project. III. INITIAL AGENT FOR SERVICE OF PROCESS The name and address in the State of California of this corporation's initial agent of the corporation for service of process is: MARJORIE B. BARNUM, 46569 El Viento Seco Drive, Temecula, CA. 92390 IV. LIMITATION ON CORPORATE ACTIVITIES A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code or the corresponding provisions of any future United States Internal Revenue Law. Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or 1 intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. v. DEDICATION AND DISSOLUTION The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue law). The organization shall. be National Assistance League, if it qualifies as a distributee under the provisions of this Article. IN WITNESS WHEREOF, the undersigned, being the Incorporator of ASSISTANCE GUILD OF TEMECULA VALLEY has executed these Articles of Incorporation this / day of June, 1989. Y CORPORATOR THOMAS S. HUNTINGTON I hereby declare that 1 am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. THOMAS S. H $ INGTON 2 Internal Revenue Service Department of the Treasury District Director o.t SEP 0 2 1992 ASSISTANCE LEAGUE OF TEMECULA VALLEY P.O. BOX 1212 TEMECULA, CA 92390-0014 — Dear Taxpayer: Employm.nt $dentNlcseon Humber. 33-0360419 P.reon to Com.ct Rose EOMF COORDINATOR Cont*x T.Nphon. Numbs: (213) 894-2339 gems. Coe s '.ctlom 501(c)(3 ) Avilez Thank you for stibmitting the information shown below or on the enclosure. We have made it a part of your file. The changes indicated do not adversely affect your exempt status and the exemption letter issued to you continues in effect. Please let us know about any future change in the character, purpose, method of operation, name or address of your organization. This is a requirement for retaining your Tempt status. Thank you for your cooperation. Item Chenaed (NAME) P.O. Box 2350, Los Angeles, CA 90053 Sincerely yours, Li P� �'.. . r From Assistance Guild of Temecula Valley To (SEE ABOVE) Letter 976(DO) (Rev. 1-87) 1 J Internal Revenue Service District Director Data: Jan. 8, 1990 Assistance Guild of Temecula Valley PO Box 1212 Temecula, CA 92390 Dear Applicant: Department of the Treasury �PloYar tdentMcation Humber. 33-0360419 Accounting Period Ending: May 31, Status Classification: Advance( Ruling Period Ends: May 31, 1994 Par to Contac.;: Julie Phelan Contact Tebphone Number. (213) 725-6619 Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supported _ organization described in section 509(a)(2) Accordingly, you will be treated as a publicly supported organization, and not as a private foundation, during an advance ruling period. This advance ruling period begins on the date of your inception and ends on the date show above. Within 90 days after the end of your advance ruling period, you must submit to us information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(x)(1) or 509(o)(2) organization as long as you continue to meet the requirements of the applicable support test. It you do not meet the public support requirements during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and 4940. Grantors and donors may rely on the determination that you are not a private foundation ,until 90 days after the end of your advance ruling period. If you submit the required information within the 90 days, grantors and donors may continue to rely on the advance determination until the Service makes a final determination of your -foundation status. However, if notice that you will no longer be treated as a section 509(a)(2) organization is published Bulletin, grantors and donors may not rely onthis determination rafter theedate of such publication. Also, a grantor or donor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted in your loss of section that the Internal Revenue Service had given) notice that you wouldor acquired ed from classification as.a section you be removed from 509�a)(2) organization. toys) P.O. Box 2350, Los Angeles, CA 90053 Letter 1045(D0) (Rev. 10-83' If your sources support, or your purposes, chat _er, or method of operation change, please let us know so we can consider the effect of the change on your 1 - exempt exempt status and foundation status. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). tiw Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in Section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable ••provisions of sections 2056, 2106, and, 2522 of the Code. You are required to file Form 990, Return of Organization Exempt from Income Tax, only if•your gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late, unless there is reasonable cause for the delay. You are not required to file Federal income tax returns unless you are subject_ to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of. your present or proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your'application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any *questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the.peraon whose name and telephone number are shown in the heading of this letter. ' Sincerely yours, n r. ;) .. District Director Letter 1045(DO) (Rey. 10-83 Assistance League of 1 emecula Valley Page 1 of 5 Approved Budget for Fiscal Year 2013 (June 2012 — May 2013) Ordinary Income/Expense Income 40000 • Income 40100 • Refunds/Credits 40200 • Snack Jar Income 40300 • Donation Jar Income Total 40000 • Income 1,000.00 200.00 300.00 1,500.00 41000 • Fundraising Revenue 41100 • Minor Event Fundraising 41101 • Car Donation 1,000.00 41100 • Minor Event Fundraising - Other 3,000.00 Total 41100 • Minor Event Fundraising 4,000.00 41400 • Assisteens Income 41404 • Assisteens Income Miscellaneous 550.00 Total 41400 • Assisteens Income 550.00 Total 41000 • Fundraising Revenue 4,550.00 43000 • Direct Public Support 43410 • Corporate Contributions 43450 • Individual Contributions 43470 Donations - Restricted 43480 • Grants - Restricted Total 43000 • Direct Public Support 43491 • Gifts in Kind - Goods 43497 • Gifts in kind - Salvation Army 43498 • Gifts In Kind - Meeting Room 43499 • Gifts In Kind - Thrift Store 43495 • Gifts In Kind - Miscellaneous Total 43491 • Gifts in Kind - Goods 45000 • Investments 45030 • Interest -Savings, Short-term CD Total 45000 • Investments 46400 • Other Types of Income 46410 • Thrift Shop Sales 46412 • Thrift Shop Sales - Assisteens 46430 • Miscellaneous Revenue Total 46400 • Other Types of Income 47200 Membership Income 47230 • Membership Dues 47235 • Active Member 47265 • Assisteens Member Total 47230 • Membership Dues 10,000.00 3,000.00 1,500.00 75,000.00 89,500.00 10,000.00 10,000.00 3,000.00 1,000.00 24,000.00 300.00 300.00 350,187.00 20,472.00 300.00 370,959.00 16,500.00 1,275.00 17,775.00 Assistance League of i emecula Valley Page 2 of 5 Approved Budget for Fiscal Year 2013 (June 2012 — May 2013) 47300 • December Luncheon 47310 • Xmas Party 47320 • May Luncheon 47330 • Luncheons/Parties/Outside Event Total 47200 • Membership Income Total Income Cost of Goods Sold 46500 • Cost of Goods Sold 46510 • Thrift Shop Sales Tax Total 46500 • Cost of Goods Sold 3,500.00 1,000.00 3,500.00 3,000.00 28.775.00 519,584.00 28,726.00 28,726.00 Total COGS 28,726.00 Gross Profit 490,858.00 Expense 60900 • Business Expenses 60915 • Bank Service Charge 60930 Safe Deposit Box 60940 • Fees & Permits Total 60900 • Business Expenses 61000 • Contract Services 61110 • Accounting Fees Total 61000 • Contract Services 62000 • Facilities and Equipment 62555 • Landscape Improvement 62210 • Snacks 62200 • Building Repairs & Maintenance 62205 • Chapter House Improvements 62220 • Supplies 62240 • Janitorial Services 62250 • Thrift Shop Equipment 62500 • Real Estate, Personal Prop Tax 62550 • Landscape Maintenance 62560 • Trash 62570 • Alarm System - Security 62580 HOA Dues 62590 • Truck 62600 Utilities 62610 • Electricity 62620 • Gas 62630 • Water Total 62600 • Utilities 150.00 90.00 150.00 390.00 12,000.00 12,000.00 3,000.00 100.00 12,500.00 2,000.00 400.00 10,600.00 2,500.00 12,000.00 1,000.00 3,500.00 1,600.00 3,600.00 2,000.00 22,000.00 300.00 3,000.00 25,300.00 Assistance League of _I emecula Valley Page 3 of 5 Approved Budget for Fiscal Year 2013 (June 2012 — May 2013) Total 62000 Facilities and Equipment 63000 • Administration 63700 • Outside Volunteers 63050 • Education/Orientation 63100 • Postage, Mailing Service 63200 • Printing 63201 Pamphlet Printing 63200 • Printing - Other Total 63200 • Printing 63300 • Supplies 63400 Telephone, Telecommunications 63500 • Web Site Maintenance 63600 • Copier Rental and Maintenance Total 63000 • Administration 64100 • Insurance 64120 Directors and Officers 64130 • Property Insurance 64140 • Gen Liability, Auto 64150 • Accident Insurance Total 64100 • Insurance 64200 • Membership 64201 • Newsletter 64202 • Postage Newsletter 64203 • Newsletter Design & Printing Total 64201 • Newsletter 64210 • National Organization Dues 64220 • Roster 64230 • Membership Development 64235 Member Recognition 64240 • Pins & Badges 64250 • Hospitality 64251 • Hospitality - Meetings, Etc 64252 • Hospitality Supplies Total 64250 • Hospitality 64260 • Historian 64270 • Miss Sunshine 64281 • December Luncheon 64282 Christmas Party Expense 64283 • May Luncheon 64284 • Parties/Luncheons/Events 66285 • Luncheon Complimentary Tickets Total 64200 • Membership 80,100.00 500.00 1,000.00 150.00 1,000.00 250.00 1,250.00 2,000.00 4,000.00 1,000.00 3,000.00 12,900.00 660.00 5,000.00 6,000.00 700.00 12,360.00 100.00 600.00 700.00 6,200.00 600.00 1,800.00 900.00 200.00 2,000.00 500.00 2,500.00 150.00 450.00 3,500.00 1,000.00 3,500.00 3,000.00 600.00 25,100.00 Assistance League of r emecula Valley Page 4 of 5 Approved Budget for Fiscal Year 2013 (June 2012 — May 2013) 64500 • Community Relations 64510 • Public Relations 64515 • Presidents Expenses 64520 Community Ambassadors Committee Total 64500 • Community Relations 65200 • Fundraising Expenses 65220 • Thrift Store Supplies 65240 • Bank Card Fees 65250 • TS - Conference Expense Total 65200 Fundraising Expenses 65300 • Resource Development Expenses 65400 • Minor Fundraiser 65410 • Grant Writing 65450 • RD - Conference Expense Total 65300 • Resource Development Expenses 66100 PROGRAM SERVICE EXPENSE 66105 • Operation School Bell 66110 • OSB Clothing 66111 • OSB - Chapters for Children 66112 • OSB - SOS Kits 66113 • OSB Supplies 66120 OSB Conference Expense Total 66105 • Operation School Bell 66130 • SMILE Program 66140 Scholarships 66150 • Kids On the Block 66160 • Heart and Hand 66175 Operation Bear Hug 66161 • Operation Helping Hand 66162 • Victims Support Program 66163 • Emancipation Program 66164 • Helping the Homeless 66165 • Community Outreach 66166 • Senior Help 66167 • Children's Support Programs Total 66161 • Operation Helping Hand 66170 • Operation Non -Profit Assistance 66172 • Gift In Kind - Salvation Army 66173 • Gift In Kind - Meeting Room 66176 • Gift In Kind - Thrift Shop 66174 • Gift In Kind - Miscellaneous Total 66170 • Operation Non -Profit Assistance 6,000.00 1,200.00 2,000.00 9,200.00 5,000.00 4,500.00 1,000.00 10,500.00 1,000.00 12,500.00 1,000.00 14;500.00 142,000.00 3,000.00 500.00 1,000.00 1,000.00 147,500.00 0.00 30,000.00 0.00 6,000.00 4,000.00 0.00 5,000.00 0.00 4,000.00 2,000.00 0.00 11,000.00 10,000.00 10,000.00 3,000.00 1,000.00 24,000.00 66190 • Phil Chair - Conference Expense 1,000.00 Assistance League of i emecula Valley Page 5 of 5 Approved Budget for Fiscal Year 2013 (June 2012 — May 2013) Total 66100 • PROGRAM SERVICE EXPENSE 223,500.00 66200 • Auxiliaries/Standing Committees 66220 • Assisteens Auxiliary 66221 • Administration Expenses 150.00 66223 • Fundraising Expenses 200.00 66224 Membership Expenses 1,675.00 66225 • National Workshops 1,600.00 66230 • Assisteens Program Service Exp 66244 • OSB Support 8,000.00 66231 • Operation Book Worm 1,500.00 66232 • Harvest Festival 1,000.00 66234 • Peter Rabbit 2,800.00 66235 • Chairman's Project 1,000.00 66239 • Rancho Damacitas 1,500.00 Total 66230 • Assisteens Program Service Exp 15,800.00 Total 66220 • Assisteens Auxiliary 19,425.00 Total 66200 Auxiliaries/Standing Committees 19,425.00 68300 • Travel and Meetings 68310 • Conference - Executive Board 68320 • National Workshops 68330 Chapter Circle Donation Total 68300 • Travel and Meetings 69800 • Reserve Replenishment Total Expense Net Ordinary Income Net Income 2,000.00 2,000.00 200.00 4,200.00 66,683.00 490,858.00 0.00 0.00 2:31 PM 08/01/12 Accrual Basis /Assistance League of Temecula Valley Balance Sheet As of May 31, 2012 ASSETS Current Assets Checking/Savings 10110 • CA Bank & Trust Checking Acct 10115 • CA Bank & Trust Savings Acct 10100 • Cash On Hand 10101 • Petty Cash Total Checking/Savings Other Current Assets 12000 • Inventory 12100 • Inventory - Thrift Store 12200 • Inventory -Operation School Bell Total 12000 • Inventory 12101 • Inventory Asset 13000 • Prepaid Expenses 13600 • Prepaid OSB Clothing Total 13000 • Prepaid Expenses May 31, 12 -1,895.64 126,262.42 400.00 250.00 125,016.78 64,040.00 6,834.00 70,874.00 63,284.60 2,477.99 2,477.99 Total Other Current Assets 136,636.59 Total Current Assets 261,653.37 Fixed Assets 15000 • Property and Equipment 15001 • Accumulated Depreciation -604,488.00 15100 • Land 140,196.46 15200 • Building 560,786.34 15201 • Building Improvements 287,577.68 15300 • Furniture & Equipment 67,224.58 15600 • Truck - Ford 2001 14,340.00 Total 15000 • Property and Equipment 465,637.06 Total Fixed Assets 465,637.06 TOTAL ASSETS 727,290.43 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 16000 • Accounts Payable -131.74 Total Accounts Payable -131.74 Credit Cards 16002 • Chase Credit Card 2,994.25 Total Credit Cards 2,994.25 Other Current Liabilities 17000 • Deferred Revenue 17200 • Deferred Membership Dues 14,548.00 Total 17000 • Deferred Revenue Total Other Current Liabilities Total Current Liabilities 14,548.00 14, 548.00 17,410.51 Total Liabilities 17,410.51 Equity 30000 • Opening Balance Equity 5,512.50 Page 1 2:31 PM 08/01/12 Accrual Basis 'Assistance League of Temecula Valley Balance Sheet As of May 31, 2012 32000 • Unrestricted Net Assets Net Income May 31, 12 640,024.73 64,342.69 Total Equity 709,879.92 TOTAL LIABILITIES & EQUITY 727,290.43 Page 2 2:32 PM 08/01/12 Accrual Basis Assistance League of Temecula Valley Profit & Loss June 2011 through May 2012 Ordinary Income/Expense Income 40000 • Income 40100 • Refunds/Credits 40200 • Snack Jar Income 40300 • Donation Jar Income Total 40000 • Income 41000 • Fundraising Revenue 41100 • Minor Event Fundraising 41101 • Car Donation 41100 • Minor Event Fundraising - Other Total 41100 • Minor Event Fundraising 41250 • Direct Mail Campaign 41400 • Assisteens Income 41405 • Assisteens Donations -Restricted 41403 • Assisteens Tea/Luncheon Income Jun '11 - May 12 950.00 201.60 370.10 1,521.70 2,742.00 70.50 2,812.50 2,865.00 500.00 355.00 Total 41400 • Assisteens Income 855.00 Total 41000 • Fundraising Revenue 6,532.50 43000 • Direct Public Support 43410 • Corporate Contributions 984.65 43450 • Individual Contributions 1,877.95 43470 • Donations - Restricted 10,418.88 43480 • Grants - Restricted 43,050.00 Total 43000 • Direct Public Support 43491 • Gifts in Kind - Goods 43493 • Gifts in Kind - Project TOUCH 43494 • Gifts in Kind-Fraleigh Ministry 43497 • Gifts in kind - Salvation Army 43498 • Gifts In Kind - Meeting Room 43495 • Gifts In Kind - Miscellaneous 56,331.48 1,349.46 4,026.18 6,400.00 21,562.50 4,541.27 Total 43491 • Gifts in Kind - Goods 37,879.41 45000 • Investments 45030 • Interest -Savings, Short-term CD 203.22 Total 45000 • Investments 203.22 46400 • Other Types of Income 46410 • Thrift Shop Sales 46412 • Thrift Shop Sales - Assisteens 46430 • Miscellaneous Revenue 295,350.46 26,493.15 10.93 Total 46400 • Other Types of Income 321,854.54 47200 • Membership Income 47230 • Membership Dues 47235 • Active Member 7,905.00 47241 • Community Member 900.00 47250 • Sustaining Member 3,750.00 47255 • Active On Limited Service 2,295.00 47260 • PALS Member 900.00 47265 • Assisteens Member 1,710.00 Total 47230 • Membership Dues 47300 • December Luncheon 47310 • Xmas Party 47320 • May Luncheon 47330 • Luncheons/Parties/Outside Event Total 47200 • Membership Income Total Income Gross Profit 17,460.00 3,796.20 913.02 2,930.00 3,570.87 28,670.09 452,992.94 452,992.94 Page 1 2:32 PM mssistance League of Temecula Valley Profit & Loss June 2011 through May 2012 08/01/12 Accrual Basis Expense 60900 • Business Expenses 60915 • Bank Service Charge 60920 • Business Registration Fees 60930 • Safe Deposit Box 60940 • Fees & Permits Jun '11 - May 12 127.00 10.00 90.00 200.00 Total 60900 • Business Expenses 427.00 61000 • Contract Services 61110 • Accounting Fees 11,312.50 Total 61000 • Contract Services 11,312.50 62000 • Facilities and Equipment 62555 • Landscape Improvement 62210 • Snacks 62200 • Building Repairs & Maintenance 62205 • Chapter House Improvements 62220 • Supplies 62240 • Janitorial Services 62250 • Thrift Shop Equipment 62500 • Real Estate, Personal Prop Tax 62550 • Landscape Maintenance 62560 • Trash 62570 • Alarm System - Security 62580 • HOA Dues 62590 • Truck 62600 • Utilities 62610 • Electricity 62620 • Gas 62630 • Water 5,839.00 95.84 13,007.55 534.21 1,530.05 10, 385.29 3,493.83 12,058.52 2,005.00 3,175.92 1,034.30 3,542.44 2,887.28 22,054.47 288.85 2,898.11 Total 62600 • Utilities 25,241.43 Total 62000 • Facilities and Equipment 84,830.66 63000 • Administration 63050 • Education/Orientation 638.82 63100 • Postage, Mailing Service 418.47 63200 • Printing 63202 • Printing and Copying 152.29 63201 • Pamphlet Printing 468.71 63200 • Printing - Other 509.81 Total 63200 • Printing 1,130.81 63300 • Supplies 1,072.96 63400 • Telephone, Telecommunications 4,183.37 63500 • Web Site Maintenance 1,370.00 63600 • Copier Rental and Maintenance 3,135.71 Total 63000 • Administration 11,950.14 64100 • Insurance 64160 • Insurance Interest 19.84 64120 • Directors and Officers 600.00 64130 • Property Insurance 3,904.00 64140 • Gen Liability, Auto 5,918.00 64150 • Accident Insurance 645.00 Total 64100 • Insurance 11,086.84 64200 • Membership 64201 • Newsletter 64202 • Postage Newsletter 64203 • Newsletter Design & Printing Total 64201 • Newsletter 127.59 715.35 842.94 Page 2 2:32 PM Assistance League of Temecula Valley Profit & Loss June 2011 through May 2012 08/01/12 Accrual Basis 64210 • National Organization Dues 64220 • Roster 64230 • Membership Development 64235 • Member Recognition 64240 • Pins & Badges 64241 • Snacks - Kitchen 64250 • Hospitality 64251 • Hospitality - Meetings, Etc 64252 • Hospitality Supplies Total 64250 • Hospitality 64260 • Historian 64270 • Miss Sunshine 64281 • December Luncheon 64282 • Christmas Party Expense 64283 • May Luncheon 64284 • Parties/Luncheons/Events 66285 • Luncheon Complimentary Tickets Total 64200 • Membership 64500 • Community Relations 64510 • Public Relations 64512 • PR Philanthropic Programs 64515 • Presidents Expenses 64520 • Community Ambassadors Committee Total 64500 • Community Relations 65200 • Fundraising Expenses 65210 • Thrift Store Manager 65220 • Thrift Store Supplies 65230 • Thrift Store Sales Tax Expense 65240 • Bank Card Fees 65250 • TS - Conference Expense Total 65200 • Fundraising Expenses 65300 • Resource Development Expenses 65400 • Minor Fundraiser 65405 • Direct Mail Campaign 65410 • Grant Writing 65450 • RD - Conference Expense Total 65300 • Resource Development Expenses 66100 • PROGRAM SERVICE EXPENSE 66105 • Operation School Bell 66110 • OSB Clothing 66111 • OSB - Chapters for Children 66112 • OSB - SOS Kits 66113 • OSB Supplies 66116 • OSB - After Season Dressing Total 66105 • Operation School Bell 66130 • SMILE Program 66140 • Scholarships 66160 • Heart and Hand 66175 • Operation Bear Hug 66161 • Operation Helping Hand 66162 • Victims Support Program 66163 • Emancipation Program 66164 • Helping the Homeless 66165 • Community Outreach 66166 • Senior Help 66167 • Children's Support Programs Jun '11 - May 12 6,370.00 436.59 1,505.75 971.83 341.35 45.72 2,382.96 755.31 3,138.27 3.96 269.55 3,572.23 1,223.16 3,473.75 4,087.64 69.20 26,351.94 7,716.58 685.04 1,655.29 2,069.83 12,126.74 -58,312.10 7,051.72 25,166.00 5,091.43 1,035.98 -19,966.97 142.85 3,156.94 3,886.13 940.54 8,126.46 113, 847.66 4,537.87 681.19 998.40 7,288.15 127,353.27 10,408.05 21, 840.94 5,602.26 4,930.78 1,000.00 4,499.48 4,530.62 1,120.26 1,147.65 2,134.94 Total 66161 • Operation Helping Hand 14,432.95 Page 3 2:32 PM "Assistance League of Temecula Valley 08/01/12 Accrual Basis Profit & Loss June 2011 through May 2012 66170 • Operation Non -Profit Assistance 66178 • Gifts in Kind - Project TOUCH 66177 • Gifts in Kind-Fraleigh Ministry 66172 • Gift In Kind - Salvation Army 66173 • Gift In Kind - Meeting Room 66174 • Gift In Kind - Miscellaneous Total 66170 • Operation Non -Profit Assistance 66190 • Phil Chair - Conference Expense Total 66100 • PROGRAM SERVICE EXPENSE 66200 • Auxiliaries/Standing Committees 66220 • Assisteens Auxiliary 66221 • Administration Expenses 66223 • Fundraising Expenses 66224 • Membership Expenses 66225 • National Workshops 66230 • Assisteens Program Service Exp 66231 • Operation Book Worm 66232 • Harvest Festival 66234 • Peter Rabbit 66235 • Chairman's Project 66236 • Children's Christmas Dinner 66237 • Grad Night 66238 • Teacher's Scholarships 66239 • Rancho Damacitas 66243 • Outreach Miscellaneous Total 66230 • Assisteens Program Service Exp Total 66220 • Assisteens Auxiliary Jun '11 - May 12 1,661.96 4,026.18 6,400.00 21,250.00 3,983.27 37,321.41 397.02 222,286.68 88.82 212.98 1,630.93 1,188.00 805.32 716.78 1,581.50 250.00 2,734.10 1,001.00 2,187.50 1,502.82 0.00 10,779.02 13,899.75 Total 66200 • Auxiliaries/Standing Committees 13,899.75 66900 • Reconciliation Discrepancies 68300 • Travel and Meetings 68310 • Conference - Executive Board 68311 • Conference-Mbrshp Registration 68320 • National Workshops 68330 • Chapter Circle Donation 68335 • Circle Program 68330 • Chapter Circle Donation - Other Total 68330 • Chapter Circle Donation 2,834.82 1,125.00 1,002.58 200.00 200.00 400.00 257.31 68300 • Travel and Meetings - Other 55.00 Total 68300 • Travel and Meetings 5,417.40 Total Expense 388,106.45 Net Ordinary Income 64,886.49 Other Income/Expense Other Expense 90000 • Transfers In/Out 543.80 Total Other Expense 543.80 Net Other Income -543.80 Net Income 64,342.69 Page 4 Assistance League of Temecula Valley Thrift Store Floor Safety and Durability Improvements PROJECT BUDGET PROJECT INCOME TOTAL INCOME PROPOSED z z LL a COMMITTED LJJ O u z tD 0 N 0 v Lf.;. t/} to t/. LD 7 LL O) a) In cu L >._ ) H O E U o CO 4- Z U CO O) C E f5 H- 4- 4- L.L. O a F -- U < N TOTAL INCOME PROJECT COSTS TOTAL COSTS PROJECTED N 1— t/) N 0 0 to 0 0 0 o rn o o O d' 4 co; m coN v L [) L Q) 4••, C U CO v-1 C = a) O IS) @J o ? u rn s in In (a H U L V1 L 0) m (d L O =O n O 11I- L O L M O g O L 0 0 O _ N X ,n O tNh O 0 L l --i b0 in in LA L L N O CO C OJ Q) d C 0 Q :Z O (5 = r-1 •-1 b0 to (0 �(20 i CO (2,- .� co L L L I o o 0 L X Li - 0 JO 0) 0 L L (B (B (0 a Q O a) J J Jp_ III (6 •- CA CD h0 C LL CA C C C to Q)>- L E o 0 ice-, 4-, u v Q O L/) N In < 0 LJJ LL '.o 0 LA TOTAL COSTS Revised: 28 -AUGUST -2012 a) >- v a > To o > a- m m E v, ca a 0 's N co f0 w 1 J Qj L u 0 C o u- � L (n 0 1- SCHEDULE OF EVENTS L L L L O O O O O O 0 w -c p c 4_ . O in `� to 4- a 0 N a 0 CO O O L O O L L 4— >, L L 4-- - 0 CO C a = 0 (a C a 7 o Y E" 0 Y E" o c (( (tea a) 4' i) CO N Q) 4-' L a N C = U L N Y4-, L 4, L..—O +- }' -O u O O u O O 4- Q a1) c L 4- Q ate) C L 0-0-0-0 0 0 0-o -0 O O C U U Q O y= C U U Q Q 4 .+ ca co ro 0) Q .-. }' (a CO CO a Q .., 0 c a >- >- a E o >- >- a E N as a(9 L o aaQlO L cu cc U Q Q Q cc) a cc U 4 Q 4 (n n. ri N M Cr ill 1.0 N CO Ol 0 ri N ti ri ri Revised: 28 -AUGUST -2012 assistance league* Temecula Valley 81st Chapter of National Assistance League Governing Board 2012-2013 Dorcas Shaktman President Bonnie Harrison Vice President Membership Debbie Valenzuela Vice President Philanthropic Programs Sumru Vance Vice President Resource Development Ginny Wetzel Treasurer/ Vice President Finance Sue Sampson Secretary Elective Standing Committees Leticia Plummer Assisteens Liaison Electra Demos Bylaws Kathy Laurin Chapter House Manager Diana Elizondo Education Mary A. Newport Public Relations Dorcas Shaktman Strategic Planning 28720 Via Montezuma Temecula, CA 92590-2510 Tel. (951) 694.8018 Fax (951) 694.8298 E-mail: altemecula@yahoo.com 29 August, 2012 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, California 92589-9033 Dear Ms. Pharis: 08-29-12 P01:15 IN Assistance League' of Temecula Valley (ALTV) herein submits its completed City of Temecula Community Service Funding Program grant application for the 2012-2013 fiscal year. Attached are ALTV's completed application document and the following supporting documents: • Entity Status Letter from the State of California, Tax Franchise Board (dated 24 August, 2012); • Filings with California's Secretary of State, Corporations Division (Articles of Incorporation filings of 15 June, 1989, and 22 April, 1992); • US IRS Certification of 501(e)(3) nonprofit status letters (dated 08 January, 1990, and 02 September, 1992, respectively); • ALTV Annual Budget (June, 2012 through May, 2013); • ALTV Balance Sheet as of 31 May, 2012; • ALTV Profit & Loss Statement (June, 2011 through May, 2012); • Project budget for the ALTV project for which funding is sought; and • A schedule of significant activities related to the proposed project. Audited ALTV financials are currently available for the earlier fiscal year of 2011-2012 and can be provided if desired. Thank you in advance for your consideration and generosity. Sincerely, Dan omerston Grant Writer Assistance League of Temecula Valley DS/ vwwv.temeculavalley.assistanceleague.org Caring and Commitment in Action City of Temecula 2012-13 CS Funding Program APPLICATION NO. 6 CITY OF TEMECULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION 1Phoacc Prenf nr Turval 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000) Project Name: Birth Choice of Temecula Pregnancy Resource Services for Community Project Start Date: November 2012 Project End Date: June 30, 2013 Application has been authorized by the organizations: Executive Committee Board of Directors X Members -at -Large ORGANIZATION INFORMATION Name of Organization: BIRTH CHOICE OF TEMECULA Contact Name: Jennifer Cartell Title/Position: Executive Director Mailing Address: 27488 Enterprise Circle West, #4, Temecula, CA 92590 Telephone: 951-699-9808 Ext. 105 or cellular 951-551-5428 Year Organization Founded: 1989 Number of Paid Staff: (4) Part time 2.75 FTE Number of Volunteers: 100) + with board; (1000 with event participants) Geographic Area(s) Served: All Temecula area residents Is this organization incorporated in California as a non-profit organization? If "yes": Yes X No Effective Date: 1990 Date of incorporation as a non-profit 1990 Federal identification number 33-0302353 State identification number = ./,(7M * Include a copy of your statement of non-profit status from the State of California. If "no": Name of sponsoring organization N/A Federal identification number FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. Please see attached for end year 2011 and to date. Please also see budget for 2012. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. Birth Choice of Temecula is a Pregnancy Resource Center that serves the community with life-saving alternatives including adoption referrals and pregnancy counseling and resources. We also provide extensive material support, as well as referrals to other organizations such as food pantries, homeless shelters, host homes and transitional facilities, drug and alcohol rehab, Safe Domestic Violence and legal support sources. We have an on-site Mommy and Baby Boutique that has provided maternity, nursery layette and small baby items for Moms, Dads and Grandparents in need at no cost to them. Our goal is to offer education, options counseling, material and practical support and support of pregnancy and post pregnancy to 2 years of age. We also help the entire family including small children with clothing, gas and food cards, charity car referrals, baby food and formula, baby clothing, baby nursery furnishings and other baby items that are useful to them. Our counseling allows families to keep and support their babies if they desire to. Our Mommy and Baby Boutique has been used by Moms, Dads, grandparents, custodial parents, especially families living at or near poverty level. Items such as maternity and baby clothing, nursery items, food and formula, diapers, breast feeding supplies, wipes and bottles, gas and food cards and hygiene items for Moms and babies are not always available from other organizations in a timely manner. A. Is the organization currently non-profit? Yes, Birth Choice of Temecula is currently a non-profit organization ID # 33-0302353 B. Does the organization provide a service to the overall community? Yes, Birth Choice of Temecula provides no -cost pregnancy counseling, material goods for Pregnant Moms and Dads and for their babies and small children. Also, referrals for all members of our community who need help. Is the size and make-up of the organization equipped to provide the program/service to the overall community? Yes, Birth Choice of Temecula is currently staffed by an Executive Director, Asst. Director and greater than (100) volunteers that provide no cost services to our clients. We are managed by a Board of Directors comprised of (10) Board Members from various backgrounds and educational levels. D. What is the public reaction to the group? The community has been very supportive of this ministry, having provided most of our support. Numerous individuals, churches and business supporters have been involved in this organization for greater than 20 years. As seen in our newsletters, our clients are young children in their home. We have prevented homelessness on numerous occasions in the past four years. E. Does the organization have a high quality level of fiscal management? Yes, Birth Choice employs a retired Naval Officer who holds a Master's Degree in Healthcare Administration as their Executive Director. Additionally, the Board of Directors provides monthly oversight with a Treasurer who has expertise in corporate accounting. Our part-time Accounting Secretary provides weekly oversight of the budget, tax receipts and preparation of financial documents for monthly Board Meetings. F. Is the group well organized to ensure longevity in the City of Temecula? Yes, Birth Choice of Temecula has been existence in Temecula for greater than 20 years and recently advanced the center to include increased services with an expanded volunteer staff of receptionists, counselors, volunteer mentors, RN's and community outreach volunteers. G. Is there evidence of satisfactory service provided to the City's citizens? Yes, Birth Choice of Temecula served greater than 2000 client families in 2011 and continues to see nearly 200 clients per month for counseling and material support and referrals. Numerous client testimonials attest to our outstanding and caring support to them. In 2011, we helped numerous families to find resources for their babies and young children and to prevent homelessness. They were provided gas and food cards, maternity and baby clothing, diapers and formula and hygiene items for their family when unemployment or their salaries were not enough to sustain them. This was done when all other agencies contacted had no available funds or services. Our networking with nearly 125 area churches, allowed us to provide via generous donations of time, materials and monies from our community. H. Is the organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Yes, Birth Choice of Temecula is non -denominational and provides equal access to services regardless of race, religion, creed, nationality, sex, marital status or political affiliation. Does the organization require attendance or participation in any political, religious or social activity? No, Birth Choice is non -denominational. J. Can the organization provide financial statements (prepared using an appropriate method of accounting) to demonstrate sound financial management? Yes, Birth Choice maintains monthly financial reports by an Accounting Secretary for review by the Executive Director and Board of Directors. Also, end year statements using Quick Books for Non -profits. Our 990 is filed yearly. K. Can the organization provide a budget for the fiscal year of request demonstrating cost-effectiveness? Yes, the center has established a budget for 2012 and cost controls. We have been continually improving our financial standing through fundraisers, grants, church missions support and community outreach. L. Does the organization make its services available to all? Yes, services are provided to all who seek our help at no cost to them. M.Does the organization possess ongoing program evaluation tools? Yes, Birth Choice of Temecula has established Strategic Goals and Measures of Effectiveness and the Executive Director reports on the achievement of those goals each month with a written report and an Annual Report PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served; area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this print legibly.) How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) If awarded this city grant funding, Birth Choice of Temecula will use the funding to purchase pregnancy support and educational supplies for community teens, women, men and families facing unplanned or financially difficult pregnancies. We will provide brochures, material goods and referrals in support of pregnancy, maternity and baby clothing and newborn layettes. We will also provide post- delivery nursery supplies and educational materials such as books, DVD's, pamphlets related to pregnancy and caring for new babies. All consumable supplies will help our pregnant clients with their pregnancy and post -pregnancy period, as well as help them to care for their child. Client families will benefit from our services on a daily basis. We will expand our operating hours by 10%. Objective One: To be available for all teens, women, men and families with pregnancy resource support through a 10% increase in center operating hours and days, an after-hours hotline and website and an increased community awareness and outreach program. Objective Two: To increase our clients and outreach contacts by 50% in 2012-2013 Objective Three: To ensure every baby born in this community and their mother has a safe bed, food and formula (preferably breast feeding) and proper clothing. (Collaboration with other organizations) Objective Four. To ensure all teens and women in this community are given educational resources regarding their options so they are not forced to give up their babies unless that is their choice. Objective Five: To reduce the number of unplanned pregnancies and STD's in our community through an Abstinence Education Program, Mentoring Program referrals to (2) mentoring organizations in the area, RN counseling and MD referrals for healthy babies and Moms. This is parts of the Riverside County Healthy Families goals. See budget for project: BUDGET PROPOSAL FOR CITY OF TEMECULA COMMUNITY SERVICE FUNDING FOR BIRTH CHOICE OF TEMECULA PREGNANCY RESOURCE CENTER Consumable Supplies: Quantity Cost Subtotal Total Cost Pregnancy brochures 25,000 .50 5000.00 12,500.00 Pregnancy 20 18.00 360.00 360.00 Educational videos/lending Material goods pregnancy and Baby (maternity, baby, food) 1,800 20.00 36000.00 36000.00 Newborn bassinets 60 100.00 6000.00 6000.00 Supplies to support client visits 2800 1.00 J800.00 2800.00 Prenatal Care educational mtls 1800 1.00 1800.00 1800.00 Grand Total Cost: $59, 460 1. Requested Amount: S5,000 2. Expected Program Expenses: $59,460 3. Other financial resources 530,000 estimated from fundraising events; S25,000 estimated from donors For more details on our services, please visit our website at www.birthchoicetemecula.com. Our Services PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. PAST PROJECT BENEFITS Application Page 5 If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Birth Choice of Temecula received a $5K grant from the City last year. With the addition of these monies, Birth Choice of Temecula was able to provide expanded pregnancy support services and hours to greater than 2000 client families in 2011 and nearly 200 clients per month in 2011/12. (Ninety -Eight (98) babies have been saved in the past 4 years through counseling and material support for those who wished to keep their babies or place them for adoption with a loving family, but needed help to do so. We have expanded our center days to include Monday -Thursday and expanded our hours by 25% as per our goal. We have further added more volunteers such as receptionists, counselors and boutique workers to ensure that our expanded (4) phone lines are answered timely to support nearly 200 client visits and numerous phone calls each day. We have a volunteer Nurse Manager, (6) volunteer RN's, 4 RDMS ultrasonographers and a volunteer MD OB/GYN providerto provide medical counseling and referrals for earlier prenatal care for healthier pregnancies, including healthy babies and Moms. We will continue to help all families until their babies are two years of age, while also helping them to make good choices for their lives and helping them to become self-sufficient. Referrals to complete high school diplomas, college courses, job training referrals are included where needed in counseling sessions. Additionally, parents are being given abstinence counseling for their teens to prevent unplanned pregnancy and life-threatening disease such as HIV/AIDS, Hepatitis and others. Greater than 5,000 people participated in Birth Choice events providing much needed community service and volunteer support to members of our community including the Walk for Life, Respect Life Banquet, Baby Bottle Boomerang, Community Health Fairs, Community Expo's, Temecula Chamber events, Middle School, High School and correctional Community Service Programs, numerous church health and Missions Fairs, abstinence education to students from numerous schools, Educational Work and internship experience for students and adults from Mount San Jacinto, University of California San Marcos, Azusa Pacific, UC Riverside, Calvary Bible College Murrieta and Adult Work Programs for the Disabled including Care Right and Toward Maximum Independence (TMI). Local area high schools, Riverside Courts and Job Corps call us for Community Service referrals, Study programs and as guest presenters for the schools. We have a mutually beneficial relationship with Neighborhood Health Clinics, WIC, the Social Service offices and many area doctors office, clinics and hospitals. Birth Choice has presented a loving approach to pregnancy resource support and we remain a source of help and hope for many who have none. Our clients say they didn't know where to start. With your support, we can help even more. Thank you for your support. [ SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By:_ Signature: Jennifer Cartel!, Executive Director_ NAME D ITLE (Please Print or Type) President or Authorized Officer: Mic President Board of Directors se Print or Type) Signature: Organization Name: BIRTH CHOICE OF TEMECULA Mailing Address of Organization: 27488 Enterprise Circle West, #4, Temecula, CA 92590 Telephone: Center: 951-699-9808 Ext 105; Cellular: 951-551-5428 DATED THIS 6th_ of _August, 2012. (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT TO: Mail Completed Applications to: City of Temecula Community Service Funding City Manager's Office Attn: Eva Pharis P.O. Box 9033 Temecula, CA 92589-9033 City of Temecula City Manager's Office Community Service Funding Attn; Eva Pharis 41000 Main Street Temecula, CA 92590 9:44 AM 02/10/12 Cash Basis Birth Choice of Temecula 2012 BUDGET January through December 2012 Jan - Dec 12 Ordinary Income/Expense Income Donations Baby Bottle Boomerang 25,000.00 Banquet 16,000.00 Christmas Card 5,000.00 Church Periodic 25,000.00 Coffee Cups 50.00 lndiv/Corp 35,000.00 Online Income 7,000.00 Walk For Life 13,000.00 Wash For Life 1,500.00 Total Donations 127,550.00 Grants Income City of Temecula Grant 5,000.00 Discretionary Grant 1,000.00 God's Gift 15,000.00 Lutheran Missionary Grant 10,000.00 Matching Grant 600.00 Mission Increase Grant 20,000.00 San Bernardo Diocese Grant 5,000.00 Total Grants Income 56,600.00 Newsletter 1,500.00 Total Income 185,650.00 Gross Profit 185,650.00 Expense A.Payroll Expenses Gross Payroll - Salaries 68,000.00 Payroll Service Fees 1,200.00 Payroll Taxes 6,500.00 Total A.Payroll Expenses 75,700.00 B.Other personnel expenses Misc Fees 192.47 Staff Christmas Gifts 75.00 Volunteer/Staff Appreciation 1,000.00 Workman's Comp 780.00 Total B.Other personnel expenses 2,047.47 C.Non-personnel expenses Bank Service Fee 50.00 Client Education Material 800.00 Client Supplies 750.00 Computer 350.00 Equip rental & maintenance 4,200.00 Mailing services 250.00 Office Supplies 1,500.00 Postage, shipping, delivery 2,500.00 Printing & copying 2,500.00 Returned check 7.00 C.Non-personnel expenses - Ot... 190.00 Total C.Non-personnel expenses 13,097.00 Church Outreach 5,000.00 9:44 AM 02/10/12 Cash Basis Birth Choice of Temecula 2012 BUDGET January through December 2012 Jan - Dec 12 D.Occupancy expenses Building/Maintenance 9,000.00 Electricity 1,600.00 Gas 460.00 Rent 17,000.00 Telephone & telecommunications 4,300.00 Total D.Occupancy expenses 32,360.00 E. Advertising 6,000.00 End Yr. Giving Campaign 300.00 F.Community Outreach 8,000.00 G. Insurance 2,900.00 H. Fund Raiser Expense Baby Bottle Boomerang 3,000.00 Baby Bottle Outreach Liaison 5,000.00 Banquet 10,000.00 Christmas 500.00 Newsletter 1,000.00 Walk for Life 5,000.00 Total H. Fund Raiser Expense 24,500.00 I. Miscellaneous Center Improvements 200.00 Interest expense - general 30.00 Membership dues - organization 400.00 Online Expense 1,500.00 Total I. Miscellaneous 2,130.00 J. Grant Expense Lutheran Women Missionary G... 5,000.00 San Bernardino Grant Expense 5,000.00 Total J. Grant Expense 10,000.00 Medical Exam Room Supplies 1,000.00 Insurance/Licenses 350.00 Medical Travel & Training 1,000.00 Total Medical 2,350.00 Medical -Other 100.00 Misc. Other 460.00 Travel & meetings expenses 250.00 Total Expense 185,194.47 Net Ordinary Income 455.53 Net Income 455.53 2:44 PM 01/23/12 Cash Basis Birth Choice of Temecula Balance Sheet As of December 31, 2011 ASSETS Current Assets Checking/Savings First Citizens Bank Pactrust Bank Pactruet Bank Savings Petty Cash S.B.Grant Petty Cash Total Checking/Savings Total Current Assets TOTAL ASSETS LIABILITIES & EQUITY Equity Opening Bal Equity Unrestrict (retained eamin... Net Income Total Equity Dec 31, 11 21,163.80 45,924.62 595.85 200.00 300.00 68,184.27 68,184.27 68,184.27 41,375.33 46,058.35 -19,249.41 68,184.27 TOTAL LIABILITIES & EQUITY 68,184.27 9:31 AM Birth Choice of Temecula 07/26/12 Profit & Loss Cash Basis January through December 2011 Jan - Dec 11 Ordinary Income/Expense Income Donations Baby Bottle Boomerang Blessed Teresa Church 439.02 Calvery Baptist Church 392.11 Community Church of The Valley 51.59 Community Service 1,339.32 Creeksid Center Church 37.42 Hope Aspengren 25.43 Linfield School 93.90 Mountain View Community Chu... 922.94 Murrieta Valley Church 239.15 New Century Baptist Church 148.50 Oakstone Community Church 82.10 Rancho Community Church 33.49 Simeteys, Dr. Paul 21.29 St. Catherine Catholic Church 197.35 St. Martha Catholic Church 10,005.91 Stone Creek Church 209.58 Baby Bottle Boomerang - Other 74.07 Total Baby Bottle Boomerang 14,313.17 Banquet 16,076.00 Christmas Card 7,710.00 Church Periodic Canyon Lake Community Church 3,300.00 Crossroads Church 336.54 Lighthouse Assembly of God 1,000.00 Oakstone Communtiy Church 1,350.00 Rancho Community Cburch 4,707.50 Southwest Christian Church 1,500.00 St. Martha Catholic Church 764.83 Stone Creek Bible Church 1,200.00 Temecula Hills Christian Church 1,925.00 Temecula United Methodist Wo... 200.00 Church Periodic - Other 730.00 Total Church Periodic 17,013.87 Coffee Cups 10.00 Indiv/Corp 30,969.29 Online Income 8,645.87 Walk For Life 10,007.46 Donations - Other 151.49 Total Donations 104,897.15 Grants Income City of Temecula Grant 10,000.00 Discretionary Grant 800.00 Fidelity Charitable Gift 20,000.00 God's Gift 26,350.00 Matching Grant 600.00 Total Grants Income 57,750.00 Interest Income 0.76 Miscellaneous Income 235.65 Newsletter 1,200.00 Total Income 164.083.56 Gross Profit 164,083.56 9:31 AM Birth Choice of Temecula 07/26/12 Profit & Loss Cash Basis January through December 2011 Expense A.Payroll Expenses Gross Payroll - Salaries Payroll Service Fees Payroll Taxes Special W2 Invoice Total A.Payroll Expenses B.Other personnel expenses Misc Fees Volunteer Expenses Volunteer/Staff Appreciation Workman's Comp B.Other personnel expenses - Oth... Total B.Other personnel expenses C.Non-personnel expenses Bank Service Fee Monthly Maintenance Bank Service Fee - Other Total Bank Service Fee Jan -Dec 11 67,670.00 1,138.10 6,471.45 77.75 75,357.30 192.47 75.00 1,597.90 777.61 0.00 2,642.98 35.00 48.62 83.62 Client Education Material 850.25 Client Supplies 744.30 Computer 671.76 Equip rental & maintenance 4,185.64 Mailing services 240.00 Office Supplies 1,710.85 Postage, shipping, delivery 2,798.62 Printing & copying 2,760.79 Returned check 7.00 C.Non-personnel expenses - Other -2,612.70 Total C.Non-personnel expenses 11,440.13 Church Outreach 2,450.92 D.Occupancy expenses Building/Maintenance 5,520.20 Electricity 1,602.10 Gas 459.37 Rent 16,740.00 Telephone & telecommunications 4,243.78 Total D.Occupancy expenses 28,565.45 E. Advertising 12,215.64 End Yr. Giving Campaign 362.00 F.Community Outreach 10,349.24 G. Insurance 2,836.29 H. Fund Raiser Expense Baby Bottle Boomerang 8,382.21 Banquet 11,799.73 Christmas 539.00 Newsletter 1,546.35 Race for Humanity Expense 684.00 Walk for Life 7.741.44 Total H. Fund Raiser Expense 30,692.73 I. Miscellaneous Center Improvements 252.61 Interest expense - general 29 14 Membership dues - organization 405.00 Online Expense 1,496 18 I. Miscellaneous - Other 403.37 Total I. Miscellaneous 2,586 30 9:31 AM 07/26/12 Cash Basis Birth Choice of Temecula Profit & Loss January through December 2011 J. Grant Expense Client Services Total J. Grant Expense Medical Exam Room Supplies Insurance/Licenses Medical Travel & Training Medical - Other Total Medical Reconciliation Discrepancies Travel & meetings expenses Total Expense Net Ordinary income Net income Jan - Dec 11 1, 309.00 1, 309.00 1,243.55 333.25 531.39 95.97 2,204.16 -9.00 261.70 183,264.84 -19,181.28 -19,181.28 Page 3 11:14 AM 06/17/12 Cash Basis Birth Choice of Temecula Balance Sheet As of May 31, 2012 May 31, ASSETS Current Assets Checking/Savings First Citizens Bank 11,237.82 Pactrust Bank 29,271.16 Pactrust Bank Savings 596.03 Petty Cash 200.00 S.B.Grant Petty Cash 300.00 Total Checking/Savings 41,605.01 Other Current Assets Undeposited Funds 255.00 Total Other Current Assets 255.00 Total Current Assets 41,860.01 TOTAL ASSETS 41,860.01 LIABILI1lES & EQUITY Equity Opening Bal Equity 41,375.33 Unrestrict (retained eamin... 26,882.38 Net Income -26,397.70 Total Equity 41,860.01 TOTAL LIABILITIES & EQUITY 41,860.01 Internal Revenue S ice apartment of the Treasury P 0 BOX 2350 ROOM 5127 ATTN: E.O. LOS ANGELES, CA 900532350 Date: In reply refer lo: Employer Identification Number: 33-0302353 Date: MAR. 20, 1989 Case Number: 959030023 BIRTHRIGHT OF TEMECULA Contact Person: .-+2$9e-AGENA-9TRffi- 28677 Front St. THORNTON, B. TEMECULA, CA 92390 P.O. Box 2129 Contact Telephone Number: Temecula, CA. (213) 894-4170 92390 Dear Applicant: Accounting Period Ending: December 31 Foundation Status Classification: see attached Advance Ruling Period Ends: Dec. 31, 1992 Caveat Applies: no Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supported organization described in sections 509(a)(1) and 170(b) (1) (A) (vi). Accordingly, you will be treated as a publicly supported organization, and not as a private' foundation, during an advance ruling period. This advance ruling period begins on the date of your inception and ends on the date shown above. Within 90 days after the end of your advance ruling period, you must submit to us information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and 4940. Grantors and donors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within the 90 days, grantors and donors I.eLE:er 1045(CG) -3 - BIRTHRIGHT OF TEMECULA Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If the heading of this letter indicates that a caveat applies, the caveat beloH or on the enclosure is an integral part of this letter. If you have any questions, please contact the person Whose name and telephone number are shown in the heading of this letter. Sincerely yours, -1-7-,LLa IC,C s /U Frederick C. Nielsen District Director Letter 1045(CG) i111111 11111 1111111111 11111 11111 11111 I I II I II II I 11{111 iI &f".:1\ Departrnent of the Treasury ��1,1 Internal Revenue Se e FRESNO, CA 93.5 Date of t' Taxpayer Form: otice: JULY 25, 1994 ntifying Number 33-0302353 Tax Period: For assistance you may call us at: 1-800—B29-1040 ST. BIRTH CHOICE OF TEMECULA INC PO BOX 2129 TEMECULA CA 92593-2129297 WE CHANGED YOUR NAME AND/0R ADDRESS THANK YOU FOR YOUR CORRESPONDENCE. AS YOU REQUESTED, WE'VE MADE THE FOLLOWING CHANGES TO YOUR NAME AND/0R ADDRESS: NAME AND ADDRESS PREVIOUSLY NAME AND ADDRESS NOW SHOWN ON YOUR ACCOUNT SHOWN ON YOUR ACCOUNT BIRTHRIGHT OF TEMECULA BIRTH CHOICE OF TEMECULA INC PO BOX 2129 PO BOX 2129 TEMECULA CA 92593-2129297 TEMECULA CA 92593-2129297 IF YOU DON'T AGREE WITH THIS CHANGE, PLEASE LET US KNOW. CERTIFICATE OF AMENDMEN OF ARTICLES OF INCORPORATION A44� �i 1 CNDOl_^,ri7 FILED {n th. office of tM Socr.tory of Stat, of the Stat, o{ CoGfomio ;JUL 1 8 1994 Arlene Siroky and Margaret A. Ustick certify that: TONY MILLER, Secretary of Stats 1. They are the Director and the Secretary, respectively of BIRTHRIGHT OF TEMECULA, INC. a California Corporation. 2. Article I of the articles of incorporation of this corporation is amended to read as follows: BIRTH CHOICE OF TEMECULA, INC. 3. The foregoing amendment of articles of incorporation has been duly approved by the Board of Directors. 4, The corporation has no members. We further declare under penalty of perjury under the laws of the State of Ca-lifornia that the matters set forth in this certificate are true and correct of our own knowledge. DATE: NONPROFIT ,G4-/-0,47;,/ �Crleen Siroky, Director Margaret J Ustick, Secretary State of California Secretary of State 1, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of 1 page(s) was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of J iN 1 Liu DEBRA BOWEN Secretary of State b�pl Ol lh ...a` State of California • Secretary of State *4t fro ss ` } 1 y 1 t il This Space for Filing Use Only Statement of Information (DomestiicNonprofit, Credit Union and Consumer Cooperative Corporations) Filing Fee: $20.00. If amendment, see instructions. IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. CORPORATE NAME Birth Choice of Temecula Due Date: Complete Principal Office Address (Do not abbreviate the name of the city. Item 2 cannot be a P.O. Box.) 2. STREET ADDRESS OF PRINCIPAL OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 27488 Enterprise Circle West #4 Temecula CA 92590 3. MAILING ADDRESS OF THE CORPORATION, IF REQUIRED CITY STATE ZIP CODE Same Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the spec officer may be added; however, the preprinted titles on this form must not be altered.) 4. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE Jennifer Cartell 40062 Cannes Court Temecula CA 92591 5. SECRETARY ADDRESS CITY STATE ZIP CODE Gerard Meyers 29402 Via La Plaza Murrieta CA 92563 6. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE Michael Klein 28344 Tierra Vista Road Temecula Ca 92592 Agent for Service of Process (If the agent is an individual, the agent must reside in California and Item 8 must be completed with a California stn address (a P.O. Box address is not acceptable). If the agent is another corporation, the agent must have on file with the California Secretary of State certificate pursuant to California Corporations Code section 1505 and Item 8 must be left blank.) 7. NAME OF AGENT FOR SERVICE OF PROCESS Jennifer Cartell 8. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 27488 Enterprise Circle West #4 Temecula CA 92590 Davis-Stirling Common Interest Development Act (California Civil Code section 1350, et seq.) development under the Davis-Stirling Common Inter( by Common Interest Development Associati on the reverse side of this form. g. Check here if the corporation is an association formed to manage a common interest Items 10, 11 12. Development Act and proceed to and NOTE: Corporations formed to manage a common interest development must also file a Statement (Form SI-CID) as required by California Civil Code section 1363.6. Please see instructions 10 ADDRESS OF BUSINESS OR CORPORATE OFFICE OF THE ASSOCIATION, IF ANY CITY STATE ZIP CODE 11 FRONT STREET AND NEAREST CROSS STREET FOR THE PHYSICAL LOCATION OF THE COMMON INTEREST DEVELOPMENT 9-DIGIT ZIP CODE (Complete if the business or corporate office is not on the site of the common interest development.) 12 NAME AND ADDRESS OF ASSOCIATION'S MANAGING AGENT. IF ANY CITY STATE ZIP CODE 13 THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT ...--i' /Q Z"./,,/,%/:/4/4,(IS6/_►ei 4_, be/2:.?..e..i77"VC An ;e, 0€ • ...-L-i-e ATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE if.' SIGNATURE 1 sAPPROVED -- — _ _ — -- — SI-100 (REV 10/2010) _a..�,. u -x_ __ _ _---.�-�. �_ •-�_ _.�... z _.•�., :.,-j-r-.—:�� ! . BY SECRETARY OF ST/ — —_..�-max.= — - „ City of Temecula 2012-13 CS Funding Program APPLICATION NO. 7 RPT'EIVED CITY OF TE1VIECULA FISCAL YEAR 2012-13 CITY MA GEk'S CE COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 8 , 000 Project Name: Old Town Air Conditioner (Maximum allowable $5,000) Project Start Date: 08/15/2012 Project End Date: 06/15/2013 ORGANIZATION INFORMATION Name of Organization: Boys & Girls Clubs of Southwest County Contact Name: Joel C. Monahan Title/Position: Director of Grants Mailing Address: 28790 Pujol St. Temecula CA 92590 Telephone: 951.699.1526 Year Organization Founded: 1990 Number of Paid Staff: 61 Number of Volunteers: 227 Geographic Area(s) Served: Southwest Riverside County Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: 11/22/2002 If "no": If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: November 22, 2002 Federal identification number: 33-0475756 State identification number: 33-0475756 Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The mission of the Boys & Girls Clubs of Southwest County is to inspire and enable all youth to realize their full potential as productive, responsible, and caring citizens by providing stimulating and challenging programs through interaction with dedicated caring people. Since the expansion of Boys & Girls Clubs of Southwest County into 4 permanent clubhouses in the cities of Temecula, Murrieta and Lake Elsinore the clubs have been providing impactful programs from 6:30am to 6:30pm and provides transportation to and from School. In addition, the Clubs provide summer camps, holiday camps, sport leagues, and classes ranging from archery to break dance. BGCSWC programs are designed to increase the self-esteem of youth participating at the club. These activities develop skills in problem solving, communications, goal setting, and decision making. They are designed to give young people the sense they can do something well, feel competent, and have individual worth. We believe the public holds our organization in very high regard as we provide not only a much needed service to the community but what we provide in return is immeasurable in terms of positive impact and effect on youth directly in the community. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) Boys & Girls Clubs of Southwest County Old Town Clubhouse air conditioner has not worked since May 2012. The unit is 18 years old and has served the club daily since that time. During the winter months the sheer numbers of children in the clubhouse mandate the air conditioner run daily. BGCSWC will use CSF funding to immediately install a new air condition unit, flush and clean refrigerant lines, and air filter grills to protect the new system. This unit will provide a comfortable and cool clubhouse and a positive, safe environment. As all are aware the summer months in Temecula are hot, and at times, unbearable. With the funds received, members will be able to focus on the outstanding programs and relationships they are creating, rather then the temperature of the clubhouse. We are respectively requesting $8,000 to cover the entire cost of this project with current bids ranging from 6 to 8 thousand dollars (see attached documents). Application Page 3 *amber PROPOSAL AND CONTRACT 29885 Second Street. Unit A&B • Lake Elsinote, CA 92532 • (951) 674-6974 • Fax (951) 674-7287 • 1-806-AMBi1, it•Ji • Z:•.);;; !.s.0!i1r0 10!!,,..),1a! 2.!p •-•,•• , • -1 ir;(..;•.,d:(1 1 By Otheis 1 slab 1 11 • •. 1."iryr-1 1 t'tt •ric1 Jot' (my Fax 1.1;;,1.- it 1.4 • :0 7 Bdr I Bar 1yoc SId• id 1 T Pii!CE • 111i.;:.1•Ii $ .4,1.s, • :34004 . . 1_:, t!! •': - ;:, ti • 1 ' ; • • •, .11 • •• •••• • 1 ,••tt•;it im so, oove• 111-.1(111 41 'Ai -10i `,1 •- t - '• • • • ' • • • • •• '; •• .1:. ' 11 •••:!'" 1t • ;It:: 1, Id.. » '0:11i• -j1 - t)C .•• ;A:•;:t. t'.0"t ! L'I'" .AN:•t IJ':,IANISAC;IION AI ANY I trvii_ /0-0`411.11-1 1.1 !111•ft Ar 1; ; • • • 1._1 t 1 TRANSACT -ON SEE .7r•IL ATTACtiED SI 1 OT -1 AN L X11 ' • • I • A?..`• •1 I, •••••;,:' c•ino -ne as s!a;e0 Kru...wv th,v ;•,„. he 1 t,t • •,3 • , • I •:•,: 1.•*( r a clIspnIe.. c,..n1c6r1 ,ig ..:gretri-A.eft : !s •••• " L.the* OK./.11r.-. 01 Ris.ces.:,:o....-ty. er.;;I 101.1). • :.-1,;••• • • F N!‘.1-11)ATE CONTRACTOR 5 STATE LICENSE NUMBER: 621742 - SIGNED • • "(-- 4 (44"•7'..f.- APPPOVELI 05/22/2012 10:16 7602949184 DATE: JOB NAME: LOCATION: ESTIMATOR: SCOPE: RM-MECH RICK M UIR MECHANICAL 1248 North Ave Escondido, Ca. 92026 760-294-9183 760-294-9184Fax LICENSE #609656 BID PROPOSAL May 22, 2012 Boys and Girls Club Temecula, Ca. Rick Muir Replace existing R22 5 ton Split System Heat Pump With new 5 ton York R41 Oa Split System Heat Pump TOTAL PRICE: $6,175.00 (Tax Included) INCLUSIONS: 1. Removal 86 disposal of existing units 2. New York 5 ton Fan Coil 3. New York 5 ton Condenser Heat Pump 4. Re -connect electrical, condensate and thermostat 5. Secondary pan 6. Start-up and 1 year warranty EXCLUSIONS: 1. Permits and fees Accepted By: Terms: 100% upon completion net 15 days ( Note 1% interest per month on overdue balance) Date: #1066 P. 002/002 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. In previous years Boys & Girls Clubs of Southwest County has been funded for projects known as Power Hour/Project Learn, a program designed for members ages 6-18 to achieve academic success by providing homework help,tutoring, and high yield learning activities and encourging members to become self-directed learners. Through this program BGCSWC served over 10,000 youth last year and responded admirably to the challenge faced by our youth with new study habits, tutoring, and disguising learning opportunities with fun. Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Joel C. Monahan, Director of Grants & Program Services NAME and TITLE (Please Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: Maryann Edwards, hief Executive Officer NAME and TITLE (Pleas Print or Type) SIGNATURE: ORGANIZATION NAME: & Girls Clubs of Southwest County MAILING ADDRESS: 28790 Pujol St. Temecula CA 92590 TELEPHONE: 951.699.1526 DATED THIS of (Date) O(Month) EMAIL ADDRESS: Maryanne@bgcswc . org , 2012 BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 Internal Revenue Service Date: November 22, 2002 Boys & Girls Club of Southwest County % Donald K. Engdahl 28790 Pujol Street Temecula, CA 92590-282.8 Dear Sir or Madam: Department of the Treasury P. 0. Box 2508 Cincinnati, OH 4520 Person to Contact: Stephanie Broach-Carnp 31-04022 Customer Service Specialist Toll Free Telephone Number: a:00 aan. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 33-0475756 This is in response to the amendment to your organization's Articles of Incorporation filed with The state on March 7, 2001. We have updated our records to reflect the name change as indicated above. Our records indicate that a determination letter issued in July 1996 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a privale foundation within the meaning of section 509(a) of the Code because: it is an organization descnbed in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th clay of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonablb cause for the delay. Ali exempt organizations (unless specifically excluded) are liable for taxes under the Federal insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate an gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. l oy s . G:r1s Cub of Southwest County 33-0475756 N'our organization is not required to file federal income tax returns unless it is subject to the tax on urxt,l<:te,;.; oirs ne.ss income under section 511 of the Coder If your organization is subject to this tax, it most Pito at: income tax return on they Form 990-T, Exempt Organ zatlon Business Inc.ome lax Return to tilts ityt:Or, 'r:,r are not determining whether any of your organization's present or proposed activities we unrelated trade or husness as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection withoat for thr43e years after the due date of the return. You are also required to nmke available for public :r'tspeot C:, a copy of your organization's exemption application, any supporting documents and the exemption letter to any Individual who requests such documents in person or in writing. You can charge only a rcas0nat_> e li c for reproduction and actual postage costs for the copied materials. The taw does not require yeti to .prov„ lr copies et public inspection documents that are widely available rascal as by posting them on the tnteroer (World Wide Web). You may be liable fora penalty of $20 a day for each day you do not makes those ci:arun:ent:a available for public inspection (up to a maximum of S10.000 in the case of an annual return). E r.rca use This Letter could help resolve any questions about your organization's exempt st::tus .'?!^i1 f( it.}i!: o st.,tU$, you sbou'd keep it with the organization's permanent records. t • If VOLJ have any questions. please cal us at the telephone number shown in the r,t?r e;ng of this 'trill! Tl'tiS letter :affirms your organization's exempt status. Sincerely, C ._. 57c/'"g. John E. 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City of Temecula 2012-13 CS Funding Program APPLICATION NO. 8 CITY OF TEMECULA RECEIVED FISCAL YEAR 2012-13 CITY MANAGER'S COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ / 000 Project Name: !T tC('OphObiP_S cor oc or (Maximum allowable $5,000) Project Start Date: NOJ- A01)-, Project End Date: NOV (01)-• ORGANIZATION INFORMATION Name of Organization: 8PDADW Ft "( 5-11V2. -- ( 3i i 1LY iHf-4-Te t - A A -be 11 Contact Name: LISA- nJ 06611T Title/Position: bikexz2 ( i 'CO'u'% T i-n.rr Mailing Address: (21D SSo AD/ ms A- • i N.412/Cle-- - 1 C.t gA5C9?-‘ Telephone: 451- 5q5—l(pI5 Year Organization Founded: olbote Number of Paid Staff: i Number of Volunteers: (— JicKI Es Geographic Area(s) Served: fel/neat onutai ETA - Is this organization incorporated in California as a non-profit organization? Yes No ✓ Effective Date: 601. leo I OI - If "yes" (Must provide a copy of your statement of non- profit status from the State of Californi ): Date of incorporation as a non-profit: fk,D -IaA'L/j7 00(P Federal identification number: D - i4 6 6GisdIS If "no": State identification number: C' r131 Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors Application Page 1 Members -at -Large FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. DL ti FCAJT Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) Fu Ds k /142- .() Wo-uu PjE 1,i6eo Towdez Puc2cb- s b m c c,QoPi47* e s 2 -rife- 4c -w_5 1 rq r} JAL P('o Bac ]Onus, (1JV,24AJT'L`% � we Spee\ /A- -niv ,tsir(fl Dou_A-1-s A- P 20 0 ucn a» 4-6 k Th + in vzo P I-o>\l's . we, C. ou LL PU'e-Glome ID 5E3 or `f ? (.t) t-hCC!-r (A) UULC) /?rt_LOL) k -1'b DEV L o P &7- n26 (7AA-615 `5uci-1 A 5Pe6m-t- n/er6b5 Lt)U(Z $MP3 fO2 C(-F(L.bfa wrn1- D(S/1-6(LiTcF5 'rte ear A- A i 6/woe,' ETA U ftu-6VS • Do No 7-- P P 0 PRO /2,e6rn A- T P es our Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. NO EUe J D S keC,E-WIt.) J 10-0 ,5 /E/4i5 Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: L15A- J sbl D(Uc-�2I4Cc ul -rf ,i NAME and TITLE (Please Print or Type) 6-eafEd- PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: C, -,t Pfh/- We/Tr f i 3 l7 -- NAME and TITLE (Please Print or Type) ORGANIZATION NAME: I30Dum-Y feeroen s -r 140 A. y MAILING/ ADDRESS: cA1p5 5D f f )5 f ') . fV uve. �-( �G ` (,/ — TELEPHONE: " 15 t- 5q6 -1(P I5 EMAIL ADDRESS: j )m 10 '' PIR.6t l c)fi'`I , Cei'yl DATED THIS A5 of b(,tST (Date) (Month) , 2012 BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 INTERNAL REVENUE SEK �E P. O. BOX 2508 CINCINNATI, OH 45201 Date: NOV 2 3 2010 BROADWAY STARZ-FAMILY PERFORMERS THEATRE ACADEMY PO BOX 2514 TEMECULA, CA 92583 . ARTMENT OF THE TREASURY Employer Identification Number: 20-4555625 DLN: 17053305310020 Contact Person: JEFFERY A CULLEN Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a) (2) Form 990 Required: Yes Effective Date of Exemption: April 17, 2006 Contribution Deductibility: Yes Addendum Applies: No ID# 31215 Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) BROADWAY STARZ-FAMILY PERFORMERS Enclosure: Publication 4221 -PC -2- Sincerely, • Robert Choi Director, Exempt Organizations Rulings and Agreements Letter 947 (DO/CG) 8:14 PM 08/29/12 Accrual Basis Broadway Starz -Family Performer's Theatre Academy Balance Sheet As of December 31, 2011 ASSETS Current Assets Checking/Savings Chase -Checking Dec 31,11 155.36 Total Checking/Savings 155.36 Total Current Assets 155.36 TOTAL ASSETS 155.36 LIABILITIES & EQUITY Equity Opening Balance Equity Unrestricted Net Assets Net Income 139.48 11,337.82 -11,321.94 Total Equity 155.36 TOTAL LIABILITIES & EQUITY 155.36 Page 1 8:13 PM Broadway Starz -Family Performer's Theatre Academy Profit & Loss January through December 2011 08/29/12 Accrual Basis Jan - Dec 11 Ordinary Income/Expense Income Investments 0.19 Program Income 112,383.29 Total Income 112,383.48 Expense Business Expenses 1,441.84 Contract Services 225.00 Facilities and Equipment 26,577.06 Operations 2,952.88 Program Expenses 92,027.46 Travel and Meetings 481.18 Total Expense 123,705.42 Net Ordinary Income -11,321.94 Net Income -11,321.94 Page 1 Broadway Starz -Family Performer's Theatre Academy 2012 Budget Total Program Income $ 85,000 Fundraising Income $ 10,000 Grants $ 7,500 Total Income $ 102,500 Business Expenses $ 1,261 Facilities & Equipment $ 24,000 Operations $ 3,000 Program Expenses $ 69,604 Total Expenses $ 97,865 Net Income $ 4,635 Our Mission Broadway Starz® - Family Performer's Theatre Academy serves the community as an educational resource dedicated to the promotion, development and celebration of creativity in the theatrical and performing arts. This is to be accomplished by providing experiences to our students through participation in quality theatrical productions. We strive to honor our mission by creating an environment that focuses on innovative and comprehensive theatre arts programs in which children, youth and adults can develop their creative potential along with experiencing the enjoyment of self-expression. Our Approach Encouraged by the families we serve, teachers and students our programs recognize the incredible and creative talent of the community in which we live. We strive to create opportunities for students from ages 7 years old to adult to express their unique realized and hidden talents. In many cases, our program replaces one that has been eliminated from an education venue. We help to build a new level of confidence and expression that will make a difference in everyone who participates. We build core theatrical and performing arts values of integrity, teamwork and excellence. Our goal is to develop and instil in every student, understanding and an appreciation of theatre by offering a variety of interesting and stimulating activities with a final spectacular magical performance on stage in front of a Iive audience. This decision grew out of a shared recognition that existing materials in theatre education seemed more concerned with reading about theatre, than with our passion for doing theatre. Our Organization Broadway Starz® - Family Performer's Theatre Academy is a 501 (c)(3) nonprofit educational organization that exists to provide quality, theatrical and performing arts entertainment for children, teens and adults throughout the Inland Valley and Southern California. Established in 2006, it is now serving many communities through a range of productions. Everyone who registers and completes workshop and rehearsals is assured an ensemble role on stage in our productions. Production casts can vary from 70 to 200 cast members ranging from 7 years old through teenager and adult. Our Program We have designed a program which reflects Broadway Starz® - Family Performer's Theatre Academy's philosophy which strives to make every student develop a greater self confidence with high quality creative learning experiences, as well as enhance skills in musical, dramatic, dance, and knowledge in the theatre and performing arts. We strive to build a team of dedicated individuals who make a commitment to act as one and to involve and include everyone. Workshops are based on the commitment to building each person's self confidence, voice and voice projection, dance and stage movement, singing and improvisation. By production time all these elements come together in a musical drama at a standard of unforgettable experience. Our program grows out of a desire to instruct in a nurturing and beneficial environment which often enhances a students' view of self and of his or her ability to relate effectively to others. It is based on a thorough understanding that unless you try to do something beyond what you have already mastered, you will never grow. So our program builds on the students vast natural abilities to use their imaginations, creative energies in a supportive group environment. City of Temecula 2012-13 CS Funding Program APPLICATION NO. 9 ci 'SL 1 C CITY OF TEMECULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPtiakfN (Please Print or Tvae) RECEIVED 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $5,000 Project Name: Camp del Corazon Project Start Date:August 2013 (Maximum allowable $5,000) Project End Date: September 2013 ORGANIZATION INFORMATION Name of Organization: Camp del Corazon Contact Name: Janene Hogan Title/Position: Board Member Mailing Address: 41833 Carleton Way - Temecula, CA 92591-2800 Telephone:951-265-9718 Year Organization Founded:1995 Number of Paid Staff: 5 part-time Number of Volunteers: 300+ Annually Geographic Area(s) Served:Primarily Southern California, Arizona and nationwide as needed Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: 1995 If "no": If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit:1995 Federal identification number: 95-4599670 State identification number:2192099 Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. Please see attached documents Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) Please see attached documents Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Please see attached documents Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY:Kristina Wallace, Director of Development NAME and TITLE (Please Print or Type) SIGNATURE: (70/4-----1 PRESIDENT or AUTHORIZED OFFICER: Lisa Knight, R.N. NAME and TITLE (Please Print or Type) SIGNATURE: • ORGANIZATION NAME: Camp del Corazon MAILING ADDRESS: 41833 Carleton Way Temecula, CA 92591-2800 TELEPHONE: (951) 265-9718 EMAIL ADDRESS: ' anene@rancon . com DATED THIS M, of ,i<< -ex= , 2012 (Date) (_J(Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 l City of Temecula - r --inp del Corazon Community Service " 'ding Program Request MISSION STATEMENT and DESCRIPTION Camp del Corazon is a non-profit organization that provides a free -of -charge, medically supervised, residential summer camp for children ages 7-17 who are living with heart disease. The children who qualify for our camp have had heart transplants, surgeries to repair defects in their hearts, or have otherwise been diagnosed with a heart condition. Our main camp is located on Catalina Island, 22 miles off the California coastline, and each year serves approximately 300-450 children. In 2012, we will be holding three camp sessions at Catalina with a minimum target of 100 campers per session, allowing as many as 350 children to experience camp, most for the first time in their lives. "My hope for the coming year is that the camp will be able to offer all they can dream. What has been done for the kids in growth I can't even begin to say. They come home changed each year. We cannot thank you enough." - Tiffany, Camper Mom (three campers) Need According to the American Heart Association, at least nine of every 1,000 infants born a year have a heart defect — that's approximately one to two percent of live-born infants. Every year in the United States alone about 40,000 babies are born with a heart defect. Sometimes the defect is so mild that there are no outward symptoms. In other cases, it's so severe that the newborn becomes ill soon after birth. Still, in other cases, signs and symptoms occur only in Iater childhood. Many of these children can be helped by surgery even if the defect is severe. Most people are unaware that up to 1.3 million Americans alive today have some form of congenital heart defect and about one-half of these individuals are less than 25 years of age. Yet funding for pediatric cancer research is five times higher than for children with congenital heart disease. Resources for these children are very scarce. The overwhelming amount of funds raised by prominent charities goes toward adults with coronary artery disease, heart attack and stroke, and of late, obesity and diabetes. In spite of the amount of attention paid to adults with heart disease, there is virtually nothing for children born with damaged hearts. There is no charge for those who attend our camp. The American Heart Association estimates that over $2.2 billion are spent on medical care for heart disease each year in the United States alone. The families that are affected by this disease already incur incredible financial burdens from medical bills and often have to seek private or home schooling due to numerous doctors' appointments and extended hospital stays. Oftentimes, these children need to see specialists far from home, so their parents also incur travel expenses in addition to overwhelming medical expenses. Aside from the inability to afford the sometimes exorbitant cost of summer camp, the children served by Camp del Corazon are typically not even eligible for the typical summer camping experience due to the fact that they require round-the-clock medical supervision and care. Outsiders often worry 'What if something happens while he/she is in my care?" Many of these children have had several open heart surgeries, pacemakers and/or heart transplants, and many face several more surgeries in their futures. These children and their families live every day knowing that they are at a high risk for mortality. We offer these children opportunities to be `normal', to forget their ailments and to connect with others who share similar experiences and scars. For most of these children, this is the only experience they have away from home, as they are often too sick to go on vacations or stay overnight at a friend's house, away from their parents, who have to monitor their health on a 24 hour basis. Parents of children with heart conditions are often fearful that activities enjoyed by `normal' kids could be harmful. There are very few camps with the ability or medically trained staff to provide for these special needs children. City of Temecula - C p del Corazon Community Service I ling Program Request "Keep camp going. This camp makes Ali feel like she fits in the world." - Megan, Camper Mom A 2008 study published by the American Heart Association states that depression is about three times more common in heart attack survivors and those hospitalized with heart problems than the general population. Depression has been linked with increased morbidity and mortality, poorer risk factor modification, lower rates of cardiac rehab, and reduced quality of life. Our camp gives these children an outlet to bond with others who understand and know what they are going through, thus helping decrease the onset of depression. The environment we provide establishes and maintains traditions while providing for the child of today — away from television and video games. Camp studies have proven that camp helps to strengthen the confidence and self-esteem of children. Your support will give these very special children life -affirming experiences that cannot be put into words. Most of our campers return year after year to relive the experiences they can't get anywhere else. This is a testimony to the impact our camp has on these young souls. Still, there are hundreds of children we are not yet able to serve. We hope that with increased support we can expand our scope so that we never have to turn a deserving camper away. Camp del Corazon enriches the lives of children living with heart disease. We are more than just a summer camp though. Not only do we provide a summer camp experience for children, but we also provide opportunities for growth, education and support through various programs custom designed for our population. As our camper population has matured, we have found that there are no specific programs designed for the 18-25 year olds whoare going through the transition phases into adulthood while living with their medical problems and issues. In response to this, we have created forums and weekend retreats through this program which provide additional self-esteem and personal growth programs, as well as continued support. PROJECT DESCRIPTION With the exception of a part-time office staff, Camp del Corazon is run entirely on a_volunteer basis. All monies that may be awarded will go (and have previously gone) to assist in direct camp expenses. All previous grant monies were leveraged with other donors' gifts to purchase and provide items and expenses necessary for campers to attend and to make camp happen, such as: water bottles, name badges, camp t - shirts, boat/transportation expenses (also used unfortunately for any emergency med-evacuation purposes), and medical and safety supplies. We are extremely modest and strive to be good stewards if our donations. It is an incredible undertaking for 300+ campers, 300+ volunteers and our medical team to attend our camp sessions. Most of our expenses are due in advance (boat fees, camp rental, food, program materials, medical supplies and medications), prior to geu.ing the children and our supplies out to the Catalina Island camp site. Your funding will directly assist in the entire camping program. City of Temecula _r 1p del Corazon Community Service ' ding Program Request PAST PROJECT BENEFITS Every year, we have several campers and counselors from Temecula who attend our camp. The cost to send one camper is approximately $1,200, and we provide this experience free of charge to all campers. We understand that the cost of having a child with heart disease can be very high due to vast, ongoing medical expenses. This camp is oftentimes their only opportunity to ever go to camp, or be away from their parents at all. Their medical needs are so great and so cumbersome, that staying away from their parents even for one night was an unattainable dream for many of these kids before Camp del Corazon. We provide a place for our kids to feel "normal," where they don't stand out or feel different, where they feel comfortable baring their scars when they go swimming, and talking about their surgeries or challenges. 2012 Temecula Area Campers: Mary Ilene Sutherland Madison Tranchitella Chloe Slayton Sabrina Agnew Maddy Wright Allison Von Zup Elsa Burnside Mark Tellez Isabella Pordock Jack Trude Madison Picotte Caleb Bennet Amanda Pinal Evan McDuffie CaMf dEL CoizoN A nonprofit organization providing year-round opportunities for children with heart disease. July 19, 2012 Camp Office 11615 Hesby Street N. Hollywood. CA 91.601 T (818) 754.0312 F (818) 754-0842 vnvw.campdelcorazon.org City of Temecula , ' • . Community Service Funding Program • ATTN: Judy McNabb Post Office Box 9033 Temecula, CA 92589-9033 Dear -Ms. McNabb, RECEIVED .JUL 2 .) CITY O11114114AGi,tFFICt We are so excited to submit this grant proposal for your review, and look forward to a wonderful relationship with the City of Temecula. Camp del Corazon was founded 17 years ago with the idea of creating a place for children who are living with heart disease to feel normal, not singled out from their peers, and to be able to participate in activities that they wouldn't otherwise have the opportunity to. We are a non-profit organization. that provides a medically supervised, residential summer camp for children ages 7-17 who were born with heart defects. Our camp is located on Catalina Island, 22 miles off the California coastline, and serves approximately 300 children per year, with over 300 volunteers. Our camping program is offered free -of -charge, as the families affected by this diseasealready incur incredible costs and financial burdens. It is estimated that nine in 1,000 children are born each year with a heart defect, yet they are among the most underserved pediatric populations in the nation in regard to funding and life-style programs. As the City of Temecula considers its Community Service Funding this year, we invite you to join us once again in making a difference in the lives of these extraordinary children. Enclosed you will find a funding application in the. amount of $5,000 to help fund camperships- for these deserving children; as well as more information about our organization and the children we serve. We hope that you will consider joining us in continuing to provide a life -changing experience for these very special children. We understand you receive requests for funding from many worthwhile organizations, and we thank you for your consideration once again this year. Should you need any additional information please feet free to contact me at 818-754-0312 or Kristina @campdelcorazon.org. Sincerely, , -Kristina Wallace, Director of Development Camp del Corazon INTERNAL REVENUE SERVICE , P. 0. :BOX '2508 CINCINNATI,•, OH : 45201 Date: FEB 13 2001. CAMP_DEL CORAZON 5655 HALBRENT AVE STE 10 LOS ANGELES, CA •91411 • DEPARTMENT OF THE TREASURY Employer Identification Humber 95-4599670 DLN: 17053027718031 Contact Person: ERIK FILIAULT Contact. Telephone Nuthber: (877) 829-5500 Our Letter Dated: •March.1997 Adcenduii' Applies : • ID# 31303 Dear Applicant: Thi modifies our letter of the above date 'in •w,hich;`.we stated that you •. would be treated as an organization. that isnot a private fouhdationuntil;.the expiration of your adivanceruling period: • Your exempt status under'aection 501(a) of the Internal Revenue: Code as an organization described in section 5,01(c)' (3): is,. still .n . effect Based:. onn the information. you submitted;•we have determined that: you are.;:not a `pravate foundation within the meaning;Qf section 509(a)of the Code; because you are an .organization." of ".the type described sn sect.on509 (:a) .(1) and. 170:(b) (1)• (A):(v.).: . Grantors. 'and contributors may rely on tha s determination unless the Internal Revenue Service:.pub1 .she's notice to the'; contrary. However, 'if you lose your section .509(a)(1).status, a grantor or Contributor may not .rely on this determination if' .he• or she was in..part' .responsible for` -or was aware of, the act or failure to act, or.'the substantial 'or material change• on the:part of ' the organization that resulted in your loaa.of..Such,status,.,,-or if he or she ' acquired knowledge that, the Internal Revenue Service had gi-reri�'rio'tice that you would no longer be ,classified as a section. 5:09 (a) (1) organization..:. • You are required to make..your•annual information return, .Form 990.'or: Form .990 -EZ, available, for public.inspectior for three years afterthe•later .of the due date, of the return- or, :the d#.e the return 'is: filed.' You are also required " to-'ima)ce•-evatlkAe•=for :p li'e 'inspection': your..e e n1 o-theseCsltiaXl, any aupporting.•documente, and your exemption letter. Copies. of these: 'documents are`also required to be provided to any.. individual upgri written or in person request.: without charge other than reasonable fees for copying and 'postage You may fulfill this requirement' me t qu y'placing'these:'documents.on the Internet. Penalties may be imposed for failure to comply with -these _requirements: Additional information is•available in. Publication 55:7., Tax-Exempt.1-Status .for .your Organization; :or you.may call our toll :free- number'shown:above. .If we -have indicated, in •the heading Of.. this. letter that an addendum applies, the :addendum enclosed; s 'an integral::partt:'.of. thfa. le.teer -2 - CAMP DEL. CORAZON --.Because this letter.could•.help resoive• •any questions about -foundation status,' please keep ,it in .your -permanent :records. .. Your private If you''have any gtiestions.,.;please. contact the•.person whose name. and telephone;number, are shown above,' • • Sincerely yours, Steven t. Miller - tirector-r-Exempt--prgantsza-tions- _..._ - Letter 1050 ' (DQ/CG) City of Temecula 2012-13 CS Funding Program APPLICATION NO. 10 T J CITY OF TEMEC ULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ Sao Project Name: PA -td V-61? I,(TCNU-)crib Y Fl A-tO5 57U'1 -r iUU ptl.c I `Yt-t- Project End Date: 3 ( (L ?rTh CY-2841 allowable $5,000) Project Start Date: 1 d c r ORGANIZATION INFORMATION Name of Organization: CA -A`'- E S QaPt3 01?- (ZUCE C -Rt -PE Mailing Address: T - O. !l Yin- I f t_ce i),A. c A- q2 $i - -b`�-- Telephone: -ISl ' bj ' U.) -c. Year Organization Founded: (9.'.7 Number of Paid Staff: S Number of Volunteers: 30 Contact Name: Title/Position: • Geographic Area(s) Served: Is this organization incorporated in California as a non-profit organization? Yes No Effective Date: •..\ll11 t ctlq 0 If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: Jig LAI (2 4 Federal identification number: 33 - 0 (1-3y If "no": State identification number: DI La) --i Name )-- Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors `� Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not S require a CPA's audit, but please submit if available.CLGe MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. st.& Application Page 2 NTL'ItNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANL.A CIRCLE MONTEREY PARK, CA 91755-7406 Date: APR 2 6 1995 CANINE SUPPORT TEAMS 80 E DAWES.SP 24 PERR.IS, CA 92571-3122 INC Dear Applicant: DEPARTmEr;T OF THE TREASURY Employer Identification Number: 33-0434821 Case Number: 955073044 Contact Person: LEON DEHAVEN Contact Telephone Number: (714) 738-1583 Our Letter Dated: May 13, 1991 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170(b) (w) (A) (vi) . Grantors and contributors may rely on this determination unless the Internal. Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this deterinjnation if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantia: or material -Change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that: the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. -If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any cNestions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose nage and telephone number are shown above. • Sincerely yours, Richard R. Orosco District Director Letter 1050 (DO/CG) Canine Support Teams, Inc. Balance Sheet As of July 31, 2012 ASSETS Current Assets Checking/Savings 1010 • Cash In bank - operating 1010-20 • Commerce - Grant Acct 1010-19 • Commerce Bank -Fundraising Acct 1010-12 • Commerce Bank - General Account Total 1010 • Cash in bank - operating Total Checking/Savings Other Current Assets 1170 • Misc. Receivable Total Other Current Assets Total Current Assets Fixed Assets 1600 • Fixed Assets 1630 • Building/Land Improvements 1631 • Drive Way 1640 • Furniture, fixtures, & equip 1650 • Vehicles 1600 • Fixed Assets - Other Total 1600 • Fixed Assets 1700 • Accumulated Depreciation 1725 • Accum depr - building 1736 • Accum amort -Building Improve. 1745 • Accum deprec- fum,fix,equlp 1755 • Accum deprec - vehicles 1700 • Accumulated Depreciation - Other Jul 31,12 3,080.08 369.01 12,704.54 16,153.63 16,153.63 2,291.07 2,291.07 18,444.70 189,736.08 2,500.00 34,896.18 50,200.00 3,720.00 281,052.26 (11,295.00) (6,596.00) (21,898.00) (46,580.00) (15,000.00) Total 1700 • Accumulated Depreciation (101,369.00) Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Long Tenn Liabilities 2730 • Mortgages payable Total Long Term Liabilities Total Liabilities Equity 3010 • Retalned Earnings Net Income Total Equity TOTAL LIABILITIES & EQUITY Page 1 FOR MANAGEMENT PURPOSES ONLY 179,683.26 198,127.98 165,007.97 165,007.97 165,007.97 51,593.61 (18,473.62) 33,119.99 198,127.96 Canine Support Teams, Inc. Profit & Loss July 2012 Ordinary Income/Expense Income 4 • Contributed support 4010 • Indly/business contribution Total 4 • Contributed support 5 • Earned revenues 5310 • Interest-savings/short-term Inv 6490 • Miscellaneous revenue Total 5 • Earned revenues Total Income Expense 7200 • Salaries & related expenses 7600 • Employee reimb 7201 • Payroll 7220 • Salaries & wages Total 7201 • Payroll 7223 • Independent Contractor 7244 • Health Insurance 7242 • Payroll Processing Fee 7250 • Payroll taxes Total 7200 • Salaries & related expenses 8100 • Direct Program Expenses 8101 • Team Training Expense 8110 • Dog Supplies 7221 • Dog Training Expense 8112 • Dog Food 8110 • Dog Supplies - Other Total 8110 • Dog Supplies 8501 • Veternarlan 8631 • AKC 8680 • PPP Total 8100 • Direct Program Expenses 8199 • Office Supply, Maint & Admin. 8111 • Office Supplies 8140 • Postage, shipping, delivery 8160 • Equip rental & maintenance 8170 • Printing & copying 8185 • Dues and Subscriptions Total 8199 • Office Supply, Maint & Admin. 8200 • Occupancy expenses 8233 • Alarm Service 8201 • Facility Cleaning 8220 • Utilities 8130 • Telephone & telecommunications 8225 • Telephone Expense Total 8130 • Telephone & telecommunications 8221 • Pedely Propane 8222 • Garbage 8223 • Exterminator Expense 8224 • Electricity Expense 8228 • Water Expense 8220 • Utilities - Other Total 8220 • Utilities 8232 • Facilty upkeep Total 8200 • Occupancy expenses Jul 12 Jan - Jul 12 % of Income 19,706.69 116, 036.30 100.0% 19,706.69 116,036.30 100.0% 3.12 33.64 0.0% 0.29 0.29 0.0% 3.41 33.93 0.0% 19,710.10 116,070.23 100.0% 0.00 3,839.79 0.0% 4,182.00 64,346.66 21.2% 4,182.00 64,346.66 21.2% 450.00 450.00 2.3% 0.00 1,000.00 0.0% 0.00 159.80 0.0% 365.83 8,397.93 1.9% 4,997.83 78,194.18 25.4% 53.36 53.36 0.3% 0.00 28.39 0.0% 0.00 335.60 0.0% 0.00 232.12 0.0% 0.00 596.11 0.0% 0.00 3,380.28 0.0% 30.00 30.00 0.2% 679.66 679.66 3.4% 763.02 4,739.41 3.9% 294.28 1,317.14 1.5% 64.55 587.55 0.3% 491.07 3,329.51 2.5% 580.14 1,819.85 2.9% 0.00 475.00 0.0% 1,430.04 7,529.05 7.3% 220.50 150.00 489.21 489.21 80.81 0.00 45.00 182.86 26.54 205.41 1,029.83 1,036.89 2,437.22 Page 1 FOR MANAGEMENT PURPOSES ONLY 469.50 1.1% 150.00 0.8% 4,362.28 4,362.28 1,180.01 187.56 180.00 719.82 614.08 205.41 7,449.16 2,029.05 10,097.71 2.5% 2.5% 0.4% 0.0% 0.2% 0.9% 0.1% 1.0% 5.2% 5.3% 12.4% Canine Support Teams, Inc. Profit & Loss July 2012 Jul 12 Jan -Jul 12 % of Income 8300 • Travel & meetings expenses 8310 • Travel 8320 • Conforonce,convention,moeting 8330 • Meals Total 8300 • Travel & meetings expenses 8302 • Vehicle Expense 8301 • Gas & Mileage Reimb 875.18 3,695.46 4A% Total 8302 • Vehicle Expense 875.18 3,695.46 4.4% 8350 • Professional Fees 7000 • Grant & contract expense 1,320.00 1,320.00 6.7% 7520 • Accounting fees 0.00 1,125.00 0.0% 7540 • Professional fees - other 500.00 4,169.80 2.5% Total 8350 • Professional Fees 1,820.00 6,614.80 9.2% 8500 • Misc expenses (11.41) 6,602.26 8590 • Other expenses 1,099.87 3,211.97 8600 • Taxes, Insurance & Interest 8215 • Bank Service Charges 0.00 63.59 0.0% 8592 • Credit Card Merchant Fees 219.16 525.62 1.1% 8230 • Real estate taxes 0.00 615.34 0.0% 8250 • Mortgage interest 0.00 5,617.06 0.0% 8520 • Insurance - non-employee 2,592.00 6,638.39 13.2% 8650 • Taxes - other 0.00 20.00 0.0% Total 8600 • Taxes, Insurance & Interest 2,811.16 13,480.00 14.3% 8701 • Fund Raising Expense-Misc. 8105 • Graduation Expense-Misc. 0.00 300.00 0.0% Total 8701 • Fund Raising Expense-Misc. 0.00 300.00 0.0% 9000 • Unclassified 0.00 (481.43) 0.0% Total Expense 16,420.47 134,543.85 83.3% Net Ordinary Income 3,289.63 (18,473.82) 16.7% Net Income 3,289.63 (18,473.62) 16.7% 0.00 128.80 30.00 30.00 167.56 401.64 197.56 560.44 0.0% 0.2% 0.9% 1.0% (0.1)% 5.6% Page 2 FOR MANAGEMENT PURPOSES ONLY CST 2012 annual budget Revenue grants 200000 other grants and donations 27300 fundraising events 0 client fees 119000 interest 100 Expense direct program personnel overhead personnel 346400 139900 93300 233200 direct program expense dog raising veterinarian services 10000 supplies 700 pet chip registrations 300 mileage reimbursement 3000 14000 dog training dog food & inspection mileage 7000 prison pup program training 400 urgent veterinarian services 6000 mileage 13400 client -dog selection & training 1000 annual volunteer appreciation 1600 30000 indirect expense marketing and presentations 1800 dues 600 grant writing 7200 mileage and travel 6000 office supplies, postage 3900 insurance 8700 accounting 2900 property taxes 1200 office equipment 4100 utilities 19000 mortgage 16200 depreciation 11600 83200 346400 Canine Support Teams, Inc. Application page 2 MISSION STATEMENT Founded in 1989, by Carol Roquemore, Canine Support Teams, Inc. is a 501c3 who's mission is to provide specially trained assistance or service dogs to people with disabilities to support their personal, social, and occupational independence. Our vision is to change the way the world thinks about disabilities, one dog at a time. Our organization provides services nationally. The organization is soundly equipped to serve any national geographical area. In particular, should any of the 951 retired Marines (July 2012 report from Camp Pendleton) residing in Temecula need assistance, we would be there to assist. This includes any of the current military serving in our Armed Forces (to which, we do not have substantiated numbers). Canine Support Teams (CST) delivers an average of thirty service dogs per year. These are well-trained dogs with skills specific for each recipient. They are trained to assist with little things we may not ever consider being an issue. Things like turning on and off lights and picking up dropped keys, opening and closing doors, pushing elevator buttons, untying shoes, pulling off socks, assisting with pulling off a sweater or coat and in some cases even helping with a pair of trousers. A person's service dog can assist with standing and walking by being there to steady them or to help them sit down in a chair and get back up. The assistance these dogs provide with such challenging tasks as transferring from a wheel chair to a bed or restroom gives their owner a sense of security, safety and accomplishment. Over the past 23 years, CST has placed over 300 dogs with disabled individuals. These dogs have already added, and continue to add, independence, companionship and unconditional love to their human partners. In fact, many of the CST teams are already pursuing more active lives. Some are choosing to further their education, and some have found strength to leave their homes and venture out into the communities in which they live. All this could not be possible without team dedication and continued evaluation and adjustment of our programs, as needed, to continually provide outstanding service to our clients. In addition to serving our Veterans, we are currently working with Southwest Juvenile Hall working with youth at risk in Southwest Riverside County. Presently, there are four youth and three shelter dogs in our program. Participating dogs are rescued from a local shelter. They are then matched with a team of two juveniles, a primary and secondary trainer. The juvenile boys commit to a twelve week Basic Obedience Dog Training Program. They learn to train dogs using positive reinforcement techniques and also learn about health care and grooming needs. This program has been extremely successful since its inception. Not only do the young men learn life skills and a trade, they also learn about love, working with each other as a team, patience, following directions and many more life changing skills. We have had continued support throughout the communities we serve. Having sound fiscal management at the helm, CST is well organized to ensure longevity in the City of Temecula and all the communities served. CST believes that all persons should be treated with dignity. Any conduct that fails to show appropriate respect to others violates CST's values. CST extends equal consideration and treatment to all persons regardless of race, color, national origin, religion, gender, sexual orientation, marital stats, age, or disability whatsoever. CST does not require attendance or participation in any political, religious or social activity. Canine Support Teams, Inc. Application page 3 PROJECT DESCRIPTION CST would like to divide funding between a service dog for Juan Dominguez, who has already been approved for a partner in the PAWZ for Veterans Program and is just awaiting the $6,500 fee that he must raise to obtain the dog. We would apply $2,500 toward his partner with the remaining being applied to our Southwest Juvenile Hall program. Our Southwest Juvenile Hall Program annual expenses are estimated, as follows for seven dogs going through the 2013 program. These are estimates, as we may get deals or discounts on some of the supplies. We would apply the remaining $2,500 to cover some of these expenses. Canine Support Teams Youth at Risk Shelter Dog Program Estimated Annual Expenses Equipment, Services and Supplies: • Veterinary services o spay/neuter X 7 @$100.00ea $700.00 o De-wormings Vaccines X 7 @ $40.00ea $280.00 o Heartguard/Frontline treatments @ $45.00ea $315.00 • Food: 20/40Ib bags @ $35.00 per bag $700.00 • Training Treats: 12/3.51b tubs $222.00 • Equipment: o treat bags 5@ $5.00ea o leashes, collars 7@ $20.00 o toys, shampoo, brushes, misc. $25.00 $140.00 $190.00 Other related expenses: • Books, training manuals, certificates, printing $246.00 • Graduation Ceremony (gift bags, cake, etc) $375.00 • Weekly Training Class 2 hrs Salaries $1,260.00 Mileage 1050 @ 0.555 $582.75 SWJH Total Annual Estimate $5,035.75 PAST PROTECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. VQ ?, ek_eda • r� le_LEN.ed or) a -o 4root Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: 514-0_013 I ( 5DAtE Pre -1) AA.; -14.13S NAME and TITLE (Pleas Print or Type) PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: Bue.6 CRAPE Co NAME and TITLE (Please Print br Type) 7 }41K: 44 ORGANIZATION NAME: A'1.Y1tJ1: 51Y P PSR- - (EA44 4JC ADDRESS: ?O• ti (o'1.'cC.0 LA , Ch S g 1 - 1L. 1' TELEPHONE: Q51. 3°1 • 3ba-5-' EMAIL ADDRESS: 141Q@ elkl3toeuv@o-P-i1-0µS.oP-46- DATED THIS 2 of /f9i f' (Date) (Month) , 2012 BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn:_Eva P_baris_.LCity_Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 City of Temecula 2012-13 CS Funding Program APPLICATION NO. 11 CITY OF TEMECULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000.00 or any amount Project Name: Chaparral High School Grad Night Project Start Date: 08/01/2012 Project End Date: 06/08/2013 (Maximum allowable $5,000) ORGANIZATION INFORMATION Name of Organization: Chaparral High Foundation Grad Night Contact Name: Teresa Boullain Title/Position: President Mailing Address: 40615 Chantemar Way, Temecula, Ca 92591 Telephone: 951-200-9223 Year Organization Founded: 1998 Number of Paid Staff: None Number of Volunteers: 200 Geographic Area(s) Served: Greater Temecula Valley Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: 05/15/1998 If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: May 18, 1998 Federal identification number: 33-0800705 If "no": State identification number: 2039208 Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee x Board of Directors x Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The Chaparral High School Grad Night Committee operates under the Chaparral High School Education Foundation, a non-profit organization. The committee's goal is to provide a safe, alcohol, and drug free, memorable celebration for the Chaparral High School (CHS) graduates after commencement exercises. The Grad Night Celebration begins at 9:00 pm and continues until 5:00 am. The evening provides CHS graduated Seniors a night to celebrate and remember this milestone in their lives. The graduates enjoy games, dancing, food, entertainment, and many exciting activities. This night is a much anticipated and climactic event for our seniors to share a fun and memorable evening. We do not discriminate based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation. We do not require attendance or participation in any political, religious or social activity. We cater to the needs of our seniors whether it be wheelchair accessibility or allergies to latex. Donations also help us provide free tickets for those students that cannot afford to attend the event. We continue to provide an opportunity for juniors to earn a free Grad Night ticket by helping with the clean up. Over the past ten years Grad Night has received overwhelming positive feedback from both graduates and parents. Many graduates return to help with Grad Night after they leave Chaparral. The planning for the 2012 Grad Night Celebration has already begun. The event requires hundreds of parents, faculty/staff, and community volunteers coming together for one common goal: saving the lives of our teenagers. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) At this time, the Class of 2013 is approximately 700 students. Of course, the more donations we receive, the more we pass on to the seniors. They may also enter drawings for door prizes such as a computer, free dinners, a compact refrigerator, bicycles and many more items. All of the activites, entertainment, and food are free for the entire evening. The cost of entertainment is the greatest expense we incur. Entertainment varies from year to year but may include a rock climbing wall; carnival games; hypnotist: magician; caricature artist: inflatable laser tag; casino games; and bungee trampoline. We will be holding fund-raisers and soliciting local businesses for donations due to the growth in Temecula and surrounding areas. This year we anticipate that acquiring donations will continue to be difficult due to recent state budget cuts, specifically in education. The event also provides a great sense of pride the volunteers feel for providing such a worthwhile and successful event. We also received help from individuals that responded to the local newspaper articles, which stated our need for volunteers. Our volunteers this year will be hosting the Mystery part of an undisclosed location until the night of the event, wham we then let the parentG know where we will he hit ing the kir]G to We check all the kids to make sure they have their permission slips signed, then off on a bus to the event. The students when they arrive are at awe as they enter a fun decorated venue full of fun, prizes, dancing, & food. After the night is over and the kids are getting back on the bus to head back to Temecula their eyes tired from being up all night they turn to us to thank us for a night they will never forget. That is when we know we have provided a safe fun night for our graduation Seniors the class of 2013. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. CHS students have attended the past eleven Grad Night celebrations and experienced a safe & sober evening. They created great memories of the last night of their high school career. Over two hundred graduates attended last years celebration. Grad Night keeps the young adults away from private parties and driving on our streets. Local reports show no accidents or arrest of CHS graduates_ We feel this can largely be attributed to the Grad Night celebration. We give them an exciting alternative that keeps them safe, sober, and drug free. Two years ago, we used the funds we generously received from the City of Temecula to purchase student gifts and supplies for decorating. Each student was given a duffle bag with CHS luggage tag, and an opportunity to spin the wheel for a prize. We also gave away 15 grand prizes ranging from cameras to laptops. Thank you for your time and consideration. Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Teresa Boullain President of CHS Grad Night NAME and TITLE (Please Print or Type) SIGNATUREL ,�{,/J�I c'.1CL , PRESIDENT or AUTHORIZED OFFICER: Teresa Boullain President of CHS Grad Night NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: Chaparral High School Foundation Grad Night MAILING ADDRESS: 40615 Chantemar Way Temecula, Ca 92591 TELEPHONE: 951-200-9223 EMAIL ADDRESS: tboullain@msn.com DATED THIS 1st of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 • 2039208 SECRETARY OF STATE. 1, BILL JONES, Secretary of State of -the State of California, hereby certify: That the attached transcript has been compared with the record on file in. this office, of which it purports to be.a copy, and that it is hill, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this ' MAY 1 5199 Secretary of State .,„flm.P.w••••• 2039208 ENDORSED • FILED b e olfte o1 the Secretary td State tfrt ARTICLES OF INCORPORATION State California OF MAY 15 1998 CHAPARRAL HIGH SCHOOL EDUCATION FOUNDATION B[il JONES, Secretary of State The name of this corporation is CHAPARRAL HIGH SCHOOL EDUCATION FOUNDATION. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes, - The specific purpose of this corporation is to promote and support excellence and innovation in education for students in the Temecula Valley Unified School District. The name and address in the State ofCalifornia of this _corporation's initial agent for service of process is John K. Ruffner, 27215 Nicolas Rd., Temecula, California, 92591-7324. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code. Notwithstanding any other provisions ofthese articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501 (c) (3) ofthe Internal Revenue Code or (b) by a corporation to which contributions are deductible under Section 170 (c) (2) of the Internal Revenue Code. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution ..of=sxatements) on -behalf of any candidateforpublic office. The property of this corporation is irrevocably dedicated to charitable purpose -s and no part of t -he rret income or assets of this corporation shall. ever inu'r'e-tp.the benefit. of.; any .director,: off ecribr• nernber thereof or to they benefit of any private person i-Up6h the'.; dissolution X r'w nding.tip- of the' orporatibit; its.assets rem-aining.afterpayrn€hl; dr.': - provisions f xr ayme'nt,'of all detifs: anti 1iabitities'-v this corporation stall be distributed, to a nonprofit id;rfouridauon'or cor radar ri which-ll7o'rganixed7 and- d .rale liOclusively • for chant I pui ctses'sni,.vvhich 1iss e-stablishe :its -tax exempt statuscuttder Section. 501 (c) (3) of*the rnal R #(eihie Code: .:: PAGE 1. Oft 2 City of Temecula 2012-13 CS Funding Program APPLICATION NO. 12 CITY OF TEMECULA RECtivED FISCAL YEAR 2012-13 CITY MANAGrifs,ER'S COMMUNITY SERVICE FUNDING PROGRAM APPLICAIFION (Please Print or Type) r 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000.00 for Temecula Valley High School Project Name: Scholarship funds for graduating seniors Project Start Date: September 2012 Project End Date: (Maximum allowable $5,000) May 2013 ORGANIZATION INFORMATION Name of Organization: Citizens' Scholarship Foundation of Temecula Valley Contact Name: Barbie Borgeson Title/Position: Chapter President Mailing Address: 31350 Rancho Vista Road, Temecula, CA 92592 Telephone: 951-694-1713 Year Organization Founded: 1987 Number of Paid Staff: o Number of Volunteers: 16 Geographic Area(s) Served: Temecula Valley Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: July 21, 1987 If "no": If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: July 21, 1987 Federal identification number: 06-1209452 State identification number: Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors Application Page 1 x Members -at -Large FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The mission of Citizens' Scholarship Foundation of Temecula Valley is to expand educational opportunities for resident high school students. CSF of Temecula Valley is a non protfic, tax exempt (501(c)3 status) organization chartered in 1987 with Scholarship America, Dollars for Scholars. Our purpose is to provide finacial aid the students of Chaparral, Temecula Valley, Great Oak and Rancho Vista/Susan H. Nelson High Schools, that aspire to high education, withour regard to race, creed, color, sex or national origin. The organization's membership is open to any person firm, corporation, or organization subscribing to the purpose of the foundation and making volunary contributions of funds. The funds are managed by the board of of trustees. All high school seniors with the minimum GPA of 3.0 are encouraged to apply for scholarships. By providing scholarships, students are encouraged to seek higher education. An educated community is something the City of Temecula should strive for to ensure our city's bright future. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) One hundred percent of the funds requested in this application will be used to provide scholarships for graduating high school students who have met the academic requirement. The funds are sent directly to the college, never to the individual students, upon reciept of proof of enrollment. The deadline for funding a scholarship April 1, 2013. The City of Temecula is welcome to set criteria for their scholarships beyond the requirements of Citizens' Scholarship Foundation, i.e. community, club or sport involvement. The persons seved are the high school students and their families of Temecula Valley High School. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, the City of Temecula was unable to donate to Citizens' Scholarship Foundation for the first time in many, many years. The City Council decided to support only non-profit organizations who office community -wide services such as food, shelter and medical care. As trustees of CSF we were disappointed to not recieve funds from the city last year, as citizens of the City of Temecula we admired the difficult decision that the council had to make. We hope that funds are available this year to continue the City of Temecula's support of our college bound youth. In the past, the City of Temecula has donated as much as $30,000 a year for scholarships. That amount has decreased substantially in the last few years due to budget and economic constraints. The students and families served by Citizens' Scholarship Foundation have felt the same economic constraints and also been hit by sky rocketing college tuition costs. Our community benifits financially by the city's scholarship dollars, but more importantly those students recognized by the city will benefit our community by coming back to Temecula with greater incentive to give back to their community! Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Barbie Borgeson Chapter President NAME and TITLE (Please Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: Barbie Borgeson Chapter President NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: Citizens' Scholarship Foundation of Temecula Valley MAILING ADDRESS: 31350 Rancho Vista Road, Temecula, CA 92592. TELEPHONE: 951-694-1713 EMAIL ADDRESS: brborgeson@verizon.net DATED THIS 25 of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 California Dollars for Scholars® 1%01 September 27, 2007 City of Temecula Finance Department Attention: Judy McNabb To Whom It May Concern: A program of Scholarship America• This letter is to provide evidence that the chapter CSF of Temecula (CA0246) is a chapter under the direction of Scholarship America. The EIN number for CSF of Temecula is 06-1209452. Vendors may be interested to know that Scholarship America, formerly Citizens' Scholarship Foundation of America, is a 501 (c) (3) organization recognized as income tax exempt by the I.R.S. and our exemption letter is attached. Yours truly, Ann Worley Executive Director California Dollars for Scholars RE: Temecula Valley High School Chaparral High School Great Oak High School 17581 Irvine Blvd., #120, Tustin, CA 92780 • Phone: 714.505.0561 or 800.335.4504 • Fax: 714.505.0562 e -moil: mail@califormiadollorsforscholors.org • www.coliforniodolarsforscholars.org Internal Revenue Service Date: March 1.2003 _ Scholarship America Inc Box 297 1505 Riverview RD ST Peter, MN 56082-1556 Dear Sir: Department of the Treasury P.O. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Dalton 31-07425 Customer Service Representative Toll Free Telephone Number: 8:00 A.M. to 6:30 P.M. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 04-2296967 This is in response to the amendment to your organization's Articles of Incorporation filed with the state on January 23, 2003. We have updated our records to reflect the name as indicated above. In April 1962 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information supplied, we recognized the subordinates named on the list your organization submitted as exempt from federal income tax under section 501(c)(3) of the Code. Additionally, we have classified the subordinates your organization operates, supervises, or controls, and which are covered by written notification to us, as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(2) of the Code. Donors may deduct contributions to your organization's subordinates as provided ins section 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization and its subordinates are required to file Form 990, Return of Organization Exempt from Income Tax, only if the gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Your organization and its subordinates are not required to file federal income tax retums unless subject to the tax on unrelated business income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization or its subordinates' present or proposed activities are unrelated trade or business as defined in section 513 of the Code. -2 - Scholarship America Inc 04-2296967 Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $1 00 or more paid to each of its employees during a calendar year. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please send the following items to the Internal Revenue Service Center at the address shown below: 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organization's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a. Changed names or addresses; b. Were deleted from the roster or c. Were added to the roster. 3. For subordinates to be added, attach: a. A statement that the information on which your organization's present group exemption letter is based applies to the new subordinates; b. A statement that each has given your organization written authorizationto add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of subordinates where the mailing address is a P.O. Box; and -3 - Scholarship America Inc 04-2296967 f. The information required by Revenue -Procedure 75-50, 1975-2 C.B. 587 for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 230. This is the same information required by Schedule A, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address: Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for pubiic inspection (up to a maximum of $10,000 in the case of an annual return). Your organization's Group Exemption Number is 1546. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, John E Ricketts, Director, TE/GE CustornerAccount Services City of Temecula 2012-13 CS Funding Program APPLICATION NO. 13 RECE!VE0 CITY OF TEMECULA FISCAL YEAR 2012-13 CITY MANAGER'S OFFICE COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000.00 for Rancho Vista/Susan H. Nelson HS (Maximum allowable $5,000) Project Name: Scholarship funds for graduating seniors Project Start Date: September 2012 Project End Date: May 2013 ORGANIZATION INFORMATION Name of Organization: Citizens' Scholarship Foundation of Temecula Valley Contact Name: Barbie Borgeson Title/Position: Chapter President Mailing Address: 31350 Rancho Vista Road, Temecula, CA 92592 Telephone: 951-694-1713 Year Organization Founded: 1987 Number of Paid Staff: 0 Number of Volunteers: 16 Geographic Area(s) Served: Temecula Valley Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: July 21, 1987 If "no": If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: July 21, 1987 Federal identification number: 06-1209452 State identification number: Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The mission of Citizens' Scholarship Foundation of Temecula Valley is to expand educational opportunities for resident high school students. CSF of Temecula Valley is a non protfic, tax exempt (501(c)3 status) organization chartered in 1987 with Scholarship America, Dollars for Scholars. Our purpose is to provide finacial aid the students of Chaparral, Temecula Valley, Great Oak and Rancho Vista/Susan H. Nelson High Schools, that aspire to high education, without regard to race, creed, color, sex or national origin. The organization's membership is open to any person firm, corporation, or organization subscribing to the purpose of the foundation and making volunary contributions of funds. The funds are managed by the board of of trustees. All high school seniors with the minimum GPA of 3.0 are encouraged to apply for scholarships. By providing scholarships, students are encouraged to seek higher education. An educated community is something the City of Temecula should strive for to ensure our city's bright future. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) One hundred percent of the funds requested in this application will be used to provide scholarships for graduating high school students who have met the academic requirement. The funds are sent directly to the college, never to the individual students, upon reciept of proof of enrollment. The deadline for funding a scholarship April 1, 2013. The City of Temecula is welcome to set criteria for their scholarships beyond the requirements of Citizens' Scholarship Foundation, i.e. community, club or sport involvement. The persons seved are the high school students and their families of Rancho Vista/ Susan H. Nelson High Schools. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, the City of Temecula was unable to donate to Citizens' Scholarship Foundation for the first time in many, many years. The City Council decided to support only non-profit organizations who office community -wide services such as food, shelter and medical care. As trustees of CSF we were disappointed to not recieve funds from the city last year, as citizens of the City of Temecula we admired the difficult decision that the council had to make. We hope that funds are available this year to continue the City of Temecula's support of our college bound youth. In the past, the City of Temecula has donated as much as $30,000 a year for scholarships. That amount has decreased substantially in the last few years due to budget and economic constraints. The students and families served by Citizens' Scholarship Foundation have felt the same economic constraints and also been hit by sky rocketing college tuition costs. Our community benifits financially by the city's scholarship dollars, but more importantly those students recognized by the city will benefit our community by coming back to Temecula with greater incentive to give back to their community! Application Page 4 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, the City of Temecula was unable to donate to Citizens' Scholarship Foundation for the first time in many, many years. The City Council decided to support only non-profit organizations who offer community -wide services such as food, shelter and medical care. As trustees of CSF we were disappointed to not recieve funds from the city last year, but as citizens of the City of Temecula we admired the difficult decision that the council had to make. We hope that funds are available this year to continue the City of Temecula's support of our college bound youth. In the past, the City of Temecula has donated as much as $30,000 a year for scholarships. That amount has decreased substantially in the last few years due to budget and economic constraints. The students and families served by Citizens' Scholarship Foundation have felt the same economic constraints and also have been hit by sky rocketing college tuition costs. Our community benefits financially by the city's scholarship dollars, but more importantly those students recognized by the city will benefit our community by coming back to Temecula highly educated and enthusiastic about giving back to their community! Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Barbie Borgeson Chapter President SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: NAME and TITLE (Please Print or Type) vak Barbie Borgeson Chapter President NAME and TITLE (Please Print or Type) eke ORGANIZATION NAME: Citizens' Scholarship Foundation of Temecula Valley MAILING ADDRESS: 31350 Rancho Vista Road, Temecula, CA 92592 TELEPHONE: 951-694-1713 EMAIL ADDRESS: brborgeson@verizon.net DATED THIS 25 of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 September 27, 2007 California 4teiDollars for Scholars® A%0 City of Temecula Finance Department Attention: Judy McNabb To Whom It May Concern: A program of Scholarship Americo This letter is to provide evidence that the chapter CSF of Temecula (CA0246) is a chapter under the direction of Scholarship America. The EIN number for CSF of Temecula is 06-1209452. Vendors may be interested to know that Scholarship America, formerly Citizens' Scholarship Foundation of America, is a 501 (c) (3) organization recognized as income tax exempt by the I.R.S. and our exemption letter is attached. Yours truly, Ann Worley Executive Director California Dollars for Scholars RE: Temecula Valley High School Chaparral High School Great Oak High School 17581 Irvine Blvd., #120, Tustin, CA 92780 • Phone: 714.505.0561 or 800.335.4504 • Fox: 714.505.0562 e-mail: mail@califormiadollarsforscholors.org • www.californiadollarsforscholors.org Internal Revenue Service Department of the Treasury P.O. Box 2508 Cincinnati, OH 45201 Date: March 1. 2003 Person to Contact: Ms. Dalton 31-07425 Customer Service Representative Scholarship America Inc Toll Free Telephone Number: Box 297 1505 Riverview RD 8:00 A.M. to 6:30 P.M. EST ST Peter, MN 56082-1556 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 04-2296967 Dear Sir: This is in response to the amendment to your organization's Articles of Incorporation filed with the state on January 23, 2003. We have updated our records to reflect the name as indicated above. In April 1962 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information supplied, we recognized the subordinates named on the list your organization submitted as exempt from federal income tax under section 501(c)(3) of the Code. Additionally, we have classified the subordinates your organization operates, supervises, or controls, and which are covered by written notification to us, as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(2) of the Code.(� ; i \1\,f Donors may deduct contributions to your organization's subordinates as provided in section Ll 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of tine Code. Your organization and its subordinates are required to file Form 990, Return of Organization Exempt from Income Tax, only if the gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Your organization and its subordinates are not required to file federal income tax returns unless subject to the tax on unrelated business income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization or its subordinates' present or proposed activities are unrelated trade or business as defined in section 513 of the Code. -2 - Scholarship America Inc 04-2296967 Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each of its employees during a calendar year. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please send the following items to the Internal Revenue Service Center at the address shown below: 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organizatioh's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a Changed names or addresses; b. Were deleted from the roster. or c. Were added to the roster. 3. For subordinates to be added, attach: G' a. A statement that the information on which your organization's present group exemption letter is based applies to the new subordinates; A statement that each has given your organization written authorizationto add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of subordinates where the mailing address is a P.O. Box; and -3 - Scholarship America Inc 04-2296967 f. The information required by Revenue -Procedure 75-50, 1975-2 C.B. 587 for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 230. This is the same information required by Schedule A, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address: Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Your organization's Group Exemption Number is 1546. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, John E Ricketts, Director, TE/GE CustornerAccount Services City of Temecula 2012-13 CS Funding Program APPLICATION NO. 14 RECEIVED CITY OF TEMECULA CITY MANAGER'S FISCAL YEAR 2012-13 oFFIc COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000) Project Name: Citizens' Scholarship Foundation operating expenses September 2012 Project Start Date: Project End Date: May 2013 ORGANIZATION INFORMATION Citizens' Scholarship Foundation of Temecula Valley Name of Organization: Contact Name: Barbic Borgcson Title/Position: Chapter President 31350 Rancho Vista Road, Temecula, CA 92592 Mailing Address: 951-694-1.713 Telephone: Year Organization Founded: 1987 Number of Paid Staff: 0 Number of Volunteers: 16 Geographic Area(s) Served: Temecula Valley Is this organization incorporated in California as a non-profit organization? If "no": Yes X No Effective Date: July 21, 1987 If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: July 21, 1987 Federal identification number: 06-1209452 State identification number: Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors x Members -at -Large _ Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The mission of Citizens' Scholarship Foundation of Temecula Valley is to expand educational opportunities for resident high school students. CSF of Temecula Valley is a non protfic, tax exempt (501(c)3 status) organization chartered in 1987 with Scholarship America, Dollars for Scholars. Our purpose is to provide finacial aid the students of Chaparral, Temecula Valley, Great Oak and Rancho Vista/Susan H. Nelson High Schools, that aspire to high education, without regard to race, creed, color, sex or national origin. The organization's membership is open to any person firm, corporation, or organization subscribing to the purpose of the foundation and making volunary contributions of funds. The funds are managed by the board of of trustees. All high school seniors with the minimum GPA of 3.0 are encouraged to apply for scholarships. By providing scholarships, students are encouraged to seek higher education. An educated community is something the City of Temecula should strive for to ensure our city's bright future. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) Citizens' Scholarship Foundation operates on funds raised through local fundraisers, i.e. garage sales, rummage sales and and interest accrued before scholarships are funded. We have a very small and limited budget for operating expenses which is often supplemented by personal donations from our board members. We are in need of a few bigger ticket items this year to keep us current in our accounting and website management. We need several software updates for our accounting purposes, including Quicken software. We also need updated software to use in our website utilization and management which will allow our applicants to submit applications online and allow us to manage the information our donors need to award their scholarships. We are also in need of a new computer to dedicate to Citizens' Scholarship Foundation. Currently, we use board member's personal computers, most of which have older operating systems which cannot support updated software. Any finacial help the City of Temecula can assists us in would be greatly appreciated and used to help our city's students reach their goal of high education. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, the City of Temecula was unable to donate to Citizens' Scholarship Foundation for the first time in many, many years. The City Council decided to support only non-profit organizations who offer community -wide services such as food, shelter and medical care. As trustees of CSF we were disappointed to not recieve funds from the city last year, but as citizens of the City of Temecula we admired the difficult decision that the council had to make. We hope that funds are available this year to continue the City of Temecula's support of our college bound youth. In the past, the City of Temecula has donated as much as $30,000 a year for scholarships. That amount has decreased substantially in the last few years due to budget and economic constraints. The students and families served by Citizens' Scholarship Foundation have felt the same economic constraints and also have been hit by sky rocketing college tuition costs. Our community benefits financially by the city's scholarship dollars, but more importantly those students recognized by the city will benefit our community by coming back to Temecula highly educated and enthusiastic about giving back to their community! Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED Barbie Borgeson Chapter President BY: NAME and TITLE (Please Print or Type) PRESIDENT or AUTHORIZED OFFICER: Barbie Borgeson Chapter President NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: Citizens' Scholarship Foundation of Temecula Valley MAILING ADDRESS: 31350 Rancho Vista Road, Temecula, CA 92592 TELEPHONE: 951-694-1713 EMAIL ADDRESS: brborgeson@verizon.net DATED THIS 25 of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 California 44kiDollars for Scholars® September 27, 2007 City of Temecula Finance Department Attention: Judy McNabb To Whom It May Concern: A program of Scholarship America' This letter is to provide evidence that the chapter CSF of Temecula (CA0246) is a chapter under the direction of Scholarship America. The EIN number for CSF of Temecula is 06-1209452. Vendors may be interested to know that Scholarship America, formerly Citizens' Scholarship Foundation of America, is a 501 (c) (3) organization recognized as income tax exempt by the I.R.S. and our exemption letter is attached. Yours truly, Ann Worley Executive Director California Dollars for Scholars RE: Temecula Valley High School Chaparral High School Great Oak High School 17581 Irvine Blvd., #120, Tustin, CA 92780 • Phone: 714.505.0561 or 800.335.4504 • Fox: 714.505.0562 e-mail: mail@califormiadollorsforscholors.org • www.californiodollarsforschofors.org Internal Revenue Service Department of the Treasury Date: March 1.2003 _ Scholarship America Inc Box 297 1505 Riverview RD ST Peter, MN 56082-1556 Dear Sir: P.O. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Dalton 31-07425 Customer Service Representative Toll Free Telephone Number: 8:00 A.M. to 6:30 P.M. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 04-2296967 This is in response to the amendment to your organization's Articles of Incorporation filed with the state on January 23, 2003. We have updated our records to reflect the name as indicated above. In April 1962 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information supplied, we recognized the subordinates named on the list your organization submitted as exempt from federal income tax under section 501(c)(3) of the Code. Additionally, we have classified the subordinates your organization operates, supervises, or controls, and which are covered by written notification to us, as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(2) of the Code. Donors may deduct contributions to your organization's subordinates as provided in section 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization and its subordinates are required to file Form 990, Return of Organization Exempt from Income Tax, only if the gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Your organization and its subordinates are not required to file federal income tax retums unless subject to the tax on unrelated business income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization or its subordinates' present or proposed activities are unrelated trade or business as defined in section 513 of the Code. -2 - Scholarship America Inc 04-2296967 Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $1 00 or more paid to each of its employees during a calendar year. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please send the following items to the Internal Revenue Service Center at the address shown below: 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organization's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a. Changed names or addresses; b. Were deleted from the roster: or c. Were added to the roster. 3. For subordinates to be added, attach: G a. A statementthat the information on which your organization's present group exemption letter is based applies to the new subordinates; b. A statement that each has given your organization written authorizationto add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of subordinates where the mailing address is a P.O. Box; and -3 - Scholarship America Inc 04-2296967 f. The information required by Revenue -Procedure 75-50, 1975-2 C.B. 587 for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2C.B. 230. This is the same information required by Schedule A, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address: Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for pubiic inspection (up to a maximum of $10,000 in the case of an annual retum). Your organization's Group Exemption Number is 1546. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, John E Ricketts, Director, TE/GE CustomerAccount Services City of Temecula 2012-13 CS Funding Program APPLICATION NO. 15 RECEIVED CITY OF TEMEC TLA CITY MANAGER'S FISCAL YEAR 2012-13 OFFICE COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5,000.00 for Great Oak High School. Project Name: Scholarship funds for graduating seniors September 2012 Project Start Date: Project End Date: (Maximum allowable $5,000) May 2013 ORGANIZATION INFORMATION Citizens' Scholarship Foundation of Temecula Valley Name of Organization: Contact Name: Barbie Borgeson Title/Position: Chapter President 31350 Rancho Vista Road, Temecula, CA 92592 Mailing Address: 951-694-1713 Telephone: Year Organization Founded: 1987 Number of Paid Staff: 0 Number of Volunteers: 16 Geographic Area(s) Served: Temecula Valley Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: July 21, 1987 If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: July 21, 1987 Federal identification number: 06-1209452 State identification number: If "no": Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The mission of Citizens' Scholarship Foundation of Temecula Valley is to expand educational opportunities for resident high school students. CSF of Temecula Valley is a non protfic, tax exempt (501(c)3 status) organization chartered in 1987 with Scholarship America, Dollars for Scholars. Our purpose is to provide finacial aid the students of Chaparral, Temecula Valley, Great Oak and Rancho Vista/Susan H. Nelson High Schools, that aspire to high education, without regard to race, creed, color, sex or national origin. The organization's membership is open to any person firm, corporation, or organization subscribing to the purpose of the foundation and making volunary contributions of funds. The funds are managed by the board of of trustees. All high school seniors with the minimum GPA of 3.0 are encouraged to apply for scholarships. By providing scholarships, students are encouraged to seek higher education. An educated community is something the City of Temecula should strive for to ensure our city's bright future. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) One hundred percent of the funds requested in this application will be used to provide scholarships for graduating high school students who have met the academic requirement. The funds are sent directly to the college, never to the individual students, upon reciept of proof of enrollment. The deadline for funding a scholarship April 1, 2013. The City of Temecula is welcome to set criteria for their scholarships beyond the requirements of Citizens' Scholarship Foundation, i.e. community, club or sport involvement. The persons seved are the high school students and their families of Great Oak High School. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, the City of Temecula was unable to donate to Citizens' Scholarship Foundation for the first time in many, many years. The City Council decided to support only non-profit organizations who offer community -wide services such as food, shelter and medical care. As trustees of CSF we were disappointed to not recieve funds from the city last year, but as citizens of the City of Temecula we admired the difficult decision that the council had to make. We hope that funds are available this year to continue the City of Temecula's support of our college bound youth. In the past, the City of Temecula has donated as much as $30,000 a year for scholarships. That amount has decreased substantially in the last few years due to budget and economic constraints. The students and families served by Citizens' Scholarship Foundation have felt the same economic constraints and also have been hit by sky rocketing college tuition costs. Our community benefits financially by the city's scholarship dollars, but more importantly those students recognized by the city will benefit our community by coming back to Temecula highly educated and enthusiastic about giving back to their community! Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Barbie Borgeson Chapter President ;-\‘ SIGNATURE: NAME and TITLE (Please Print or Type) l SIGNATURE: apro't ) PRESIDENT or AUTHORIZED OFFICER: Barbie Borgeson Chapter President NAME and TITLE (Please Print or Type) SIGNATURE: 6q611' ORGANIZATION NAME: Citizens' Scholarship Foundation of Temecula Valley MAILING ADDRESS: 31350 Rancho Vista Road, Temecula, CA 92592 TELEPHONE: 951-694-1713 EMAIL ADDRESS: brborgeson®verizon.net DATED THIS 25 of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 September 27, 2007 California ig5iDollars for Scholars® 1%0i City of Temecula Finance Department Attention: Judy McNabb To Whom It May Concern: A program of Scholarship America' This letter is to provide evidence that the chapter CSF of Temecula (CA0246) is a chapter under the direction of Scholarship America. The ETN number for CSF of Temecula is 06-1209452. Vendors may be interested to know that Scholarship America, formerly Citizens' Scholarship Foundation of America, is a 501 (c) (3) organization recognized as income tax exempt by the I.R.S. and our exemption letter is attached. Yours truly, Ann Worley Executive Director California Dollars for Scholars RE: Temecula Valley High School Chaparral High School Great Oak High School 17581 Irvine Blvd., #120, Tustin, CA 92780 • Phone: 714.505.0561 or 800.335.4504 • Fax: 714.505.0562 e-mail: mail@califormiadollarsforscholors.org • www. californiadollarsforscholors.org Internal Revenue Service Department of the Treasury Date: March 1. 2003 _ Scholarship America Inc Box 297 1505 Riverview RD ST Peter, MN 56082-1556 Dear Sir: P.O. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Dalton 31-07425 Customer Service Representative Toll Free Telephone Number: 8:00 A.M. to 6:30 P.M. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 04-2296967 This is in response to the amendment to your organization's Articles of Incorporation filed with the state on January 23, 2003. We have updated our records to reflect the name as indicated above. In April 1962 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information supplied, we recognized the subordinates named on the list your organization submitted as exempt from federal income tax under section 501(c)(3) of the Code. Additionally, we have classified the subordinates your organization operates, supervises, or controls, and which are covered by written notification to us, as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(2) of the Code. Donors may deduct contributions to your organization's subordinates as provided in section--� 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization and its subordinates are required to file Form 990, Return of Organization Exempt from Income Tax, only if the gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Your organization and its subordinates are not required to file federal income tax returns unless subject to the tax on unrelated business income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization or its subordinates' present or proposed activities are unrelated trade or business as defined in section 513 of the Code. -2 - Scholarship America Inc 04-2296967 Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $1 00 or more paid to each of its employees during a calendar year. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please send the following items to the Internal Revenue Service Center at the address shown below: 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organizatioh's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a. Changed names or addresses; b. Were deleted from the roster or c. Were added to the roster. 3. For subordinates to be added, attach: a. A statement that the information on which your organization's present group exemption letter is based applies to the new subordinates; b. A statement that each has given your organization written authorizationto add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501 (c)(3); e. The street address of subordinates where the mailing address is a P.O. Box; and -3 - Scholarship America Inc 04-2296967 f. The information required by Revenue -Procedure 75-50, 1975-2C.B. 587 for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2C.B. 230. This is the same information required by Schedule A, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address: Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). YoU may be liable for a penalty of $20 a day for each day you do not make these documents available for pubiic inspection (up to a maximum of $10,000 in the case of an annual retum). Your organization's Group Exemption Number is 1546. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, John E Ricketts, Director, TE/GE CustomerAccount Services City of Temecula 2012-13 CS Funding Program APPLICATION NO. 16 CITY OF TEMECULA FISCAL YEAR 2012-13 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5, 000.00 for Chaparral High School Project Name: Scholarship funds for graduating seniors Project Start Date: September 2012 (Maximum allowable $5,000) May 2013 Project End Date: ORGANIZATION INFORMATION Name of Organization: Citizens' Scholarship Foundation of Temecula Valley Contact Name: Barbie Borgeson Title/Position: Chapter President 31350 Rancho Vista Road, Temecula, CA 92592 Mailing Address: Telephone: 951-694-1713 Year Organization Founded: 1987 Number of Paid Staff: 0 Number of Volunteers: 16 Geographic Area(s) Served: Temecula Valley Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: July 21, 1987 If "yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: July 21, 1987 Federal identification number: 06-1209452 State identification number: If "no": Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. The mission of Citizens' Scholarship Foundation of Temecula Valley is to expand educational opportunities for resident high school students. CSF of Temecula Valley is a non protfic, tax exempt (501(c)3 status) organization chartered in 1987 with Scholarship America, Dollars for Scholars. Our purpose is to provide finacial aid the students of Chaparral, Temecula Valley, Great Oak and Rancho Vista/Susan H. Nelson High Schools, that aspire to high education, without regard to race, creed, color, sex or national origin. The organization's membership is open to any person firm, corporation, or organization subscribing to the purpose of the foundation and making volunary contributions of funds. The funds are managed by the board of of trustees. All high school seniors with the minimum GPA of 3.0 are encouraged to apply for scholarships. By providing scholarships, students are encouraged to seek higher education. An educated community is something the City of Temecula should strive for to ensure our city's bright future. Application Page 2 PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) One hundred percent of the funds requested in this application will be used to provide scholarships for graduating high school students who have met the academic requirement. The funds are sent directly to the college, never to the individual students, upon reciept of proof of enrollment. The deadline for funding a scholarship April 1, 2013. The City of Temecula is welcome to set criteria for their scholarships beyond the requirements of Citizens' Scholarship Foundation, i.e. community, club or sport involvement. The persons seved are the high school students and their families of Chaparral High School. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Last year, the City of Temecula was unable to donate to Citizens' Scholarship Foundation for the first time in many, many years. The City Council decided to support only non-profit organizations who offer community -wide services such as food, shelter and medical care. As trustees of CSF we were disappointed to not recieve funds from the city last year, but as citizens of the City of Temecula we admired the difficult decision that the council had to make. We hope that funds are available this year to continue the City of Temecula's support of our college bound youth. In the past, the City of Temecula has donated as much as $30,000 a year for scholarships. That amount has decreased substantially in the last few years due to budget and economic constraints. The students and families served by Citizens' Scholarship Foundation have felt the same economic constraints and also have been hit by sky rocketing college tuition costs. Our community benefits financially by the city's scholarship dollars, but more importantly those students recognized by the city will benefit our community by coming back to Temecula highly educated and enthusiastic about giving back to their community! Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Barbie Borgeson Chapter President SIGNATURE: 4, 1/ (ii PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: �f NAME and TITLE (Please Print or Type) Barbie Borgeson Chapter President NAME and TITLE (Please Print or Type) �t A! ; USG �� Citizens' chola l ORGANIZATION NAME: rship Foundation of Temecula Valley MAILING ADDRESS: 31350 Rancho Vista Road, Temecula, CA 92592 TELEPHONE: 951-694-1713 EMAIL ADDRESS: brborgeson@verizon.net DATED THIS 25 of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mall Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 California Dollars for Scholars® 1%01 September 27, 2007 City of Temecula Finance Department Attention: Judy McNabb To Whom It May Concern: A program of Scholarship America' This letter is to provide evidence that the chapter CSF of Temecula (CA0246) is a chapter under the direction of Scholarship America. The EIN number for CSF of Temecula is 06-1209452. Vendors may be interested to know that Scholarship America, formerly Citizens' Scholarship Foundation of America, is a 501 (c) (3) organization recognized as income tax exempt by the I.R.S. and our exemption letter is attached. c� Yours truly, Ann Worley Executive Director California Dollars for Scholars RE: Temecula Valley High School Chaparral High School Great Oak High School 17581 Irvine Blvd., #120, Tustin, CA 92780 • Phone: 714.505.0561 or 800.335.4504 • Fax: 714.505.0562 e -moil: mail@coliformiadollarsforscholors.org • www.coliforniadollarsforscholars.org Internal Revenue Service Date: March 1.2003 Scholarship America Inc Box 297 1505 Riverview R D ST Peter, MN 56082-1556 Dear Sir. Department of the Treasury P.O. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Dalton 31-07425 Customer Service Representative Toll Free Telephone Number: 8:00 A.M. to 6:30 P.M. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 04-2296967 This is in response to the amendment to your organization's Articles of Incorporation filed with the state on January 23, 2003. We have updated our records to reflect the name as indicated above. In April 1962 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information supplied, we recognized the subordinates named on the list your organization submitted as exempt from federal income tax under section 501(c)(3) of the Code. Additionally, we have classified the subordinates your organization operates, supervises, or controls, and which are covered by written notification to us, as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(2) of the Code. © P Donors may deduct contributions to your organization's subordinates as provided in sectio,u"( 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization and its subordinates are required to file Form 990, Return of Organization Exempt from Income Tax, only if the gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Your organization and its subordinates are not required to file federal income tax returns unless subject to the tax on unrelated business income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization or its subordinates' present or proposed activities are unrelated trade or business as defined in section 513 of the Code. -2 - Scholarship America Inc 04-2296967 Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each of its employees during a calendar year. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please send the following items to the Internal Revenue Service Center at the address shown below: 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organizatioh's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a. Changed names or addresses; b. Were deleted from the roster. or c. Were added to the roster. 3. Forsubordinatesto be added, attach: a. A statement that the information on which your organization's present group exemption letter is based applies to the new subordinates: b. A statement that each has given your organization written authorizationto add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of subordinates where the mailing address is a P.O. Box; and -3 - Scholarship America Inc 04-2296967 f. The information required by Revenue -Procedure 75-50, 1975-2 C.B. 587 for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2C.B. 230. This is the same information required by Schedule A, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address: Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for pubiic inspection (up to a maximum of $10,000 in the case of an annual return). Your organization's Group Exemption Number is 1546. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, 7L L John E Ricketts, Director, TE/GE CustornerAccount Services City of Temecula 2012-13 CS Funding Program APPLICATION NO. 17 RECEIVED CITY OF AUG CITY MANAGER'S FISCAL YEAR 2012-13 OFFICE COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012-13 Program Submission Deadline: Thursday, August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $ 5, 000 . 0 0 Project Name: Avocado Dance Theatre Project Start Date: January 5, 2013 (Maximum allowable $5,000) Project End Date: June 30, 2 013 ORGANIZATION INFORMATION Name of Organization: Dance Theatre Collective of Southern California Contact Name: Lori Craig Torok Title/Position: Artistic Director/President Mailing Address: PC) Box 89-3715 Temecula, CA 92589 Telephone: 951-551-2208 Year Organization Founded: 2012 Number of Paid Staff: 0 Number of Volunteers: 14+ Geographic Area(s) Served: Temecula Valley, Riverside County, Fallbrook(+) Is this organization incorporated in California as a non-profit organization? Yes X No Effective Date: March 2, 2012 If 'yes" (Must provide a copy of your statement of non- profit status from the State of California): Date of incorporation as a non-profit: March 2 , 2012 Federal identification number: 45-3060025 State identification number: 3462023 If "no"• Name of sponsoring organization: Federal identification number: State identification number: This application has been authorized by the organization's: Executive Committee Board of Directors x Members -at -Large Application Page 1 FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION AND FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides. Describe the ways your organization meets the criteria listed on page 2 of the CS Funding Policy. Dance Theatre Collective of Southern California is a 501(c)3 non-profit public benefit charity that creates, unites, supports, and enriches community through an ongoing exchange among professional artists, students, performers, and audiences. Dance Theatre Collective of Southern California works collaboratively, in both traditional and non-traditional settings to present original dance/theatre works - providing educational opportunities for students to enhance their artistic development and community audiences to promote meaningful engagement. Simply put, we are dancing the community together! Dance Theatre Collective of Southern California is presently engaged in three programs which serve our local community: Avocado Dance Theatre, danceXchange, and Inside the Dancer's Studio. These programs are organized, well-run, and supported by the local dance organizations, local businesses, and the overall community. (Public support may be found at danceXchange.net) Dance Theatre Collective of Southern California is founded on educational principles which support individuals in their exploration of the art and craft of dance; it presupposes the importance of art within a community, as a function of the community, and a model and metaphor for life within that community. The organization is flexible enough to meet the needs of the community, directly; as the needs of the community change, so too will DTC. The organization operates in a non- discriminatory manner, encouraging all people to participate in all engagement opportunities. No political, religious, or specific social requirements are involved in the work of this group. The Board of Directors engages in ongoing evaluation of the work and the effectiveness of the organization, in order to better fulfill the mission of the charity and to better serve the community. The current budget and financial statements are attached for your consideration. Application Page 2 PROJECT DESCRIPTION 1 How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) This funding award will allow Avocado Dance Theatre to use the Old Town Temecula Community Theater dance studio for its rehearsals, open company classes, workshops, and master classes. The regular rehearsals for the company culminate in the Avocado Dance Theatre dance concert, scheduled for the mainstage of the Old Town Temecula Community Theater on May 10th and 11th, as advertised in the brochure. This public performance is provided as a FREE add-on for dance subscription purchasers. The concert will serve an estimated 350 patrons/ community members who will attend. Avocado Dance Theatre will have approximately 10-12 student/community dancers. Local choreographers and musicians will also be engaged in creating new original work for our community, as well. As demonstrated in the past, this large collaborative project will be a professional model, not an amateur recital. Avocado Dance Theatre maintains a high level of artistry and expectation; this troupe is a calling card for Temecula, highlighting its high standards of excellence. Saturday mornings, Avocado Dance Theatre opens its doors (to the OTTCT dance studio) to invite dance students to participate in a low-cost ($7.00) open company class. These classes engage high school students, pre/post-college students, pre/post-professional dancers who wouldn't normally have a place to dance, at a price that is service to the public. The Old Town Temecula Community Theater dance studio charges a non-profit rate of $25.00 per hour, with a three-hour minimum. Presently, Avocado Dance Theatre rents that space twice a week for rehearsals and open company class. That comes to $150.00 per week; $600.00 per month. In order to run our program from January through June, we will pay $3,600.00 for the dance studio. In order to perform on stage, the theatre rental costs, with the use of the dance floor and the projector, totals $1400.00. Rental fees, alone, total $5,000.00. These are the funds we seek at this time. Please see the attached budget for specific details. Application Page 3 PAST PROJECT BENEFITS If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. Dance Theatre Collective of Southern California received funding from the City of Temecula in the form of a grant from the James Irvine Foundation/Innerstate Grant. This grant was used to create multiple levels of engagement opportunities for local dancers, choreographers, and emerging dance companies throughout the state. The general community of Temecula benefitted throughout the three years of the grant process. At the end of the grant, Bruce Beers and I discussed possible ways for the community to continue its exploration and support of modern/concert dance. Thus, the community-based modern dance company, Avocado Dance Theatre was born. Avocado Dance Theatre received financial support from the Innerstate Grant, through the City of Temecula (Jan 2012). This grant, which sunset in June 2012, allowed the dance company to rehearse in the Old Town Temecula Community Theater dance studio and open its doors to the community, at large, for open company classes every Saturday morning. As well, this grant funded the inaugural concert performance on stage at OTTCT, fully produced, and enthusiastically supported by the community --"Avocado Dance Theatre proved to be as fresh and vibrant as the fruit the company is named after" (Temecula Dance Examiner). In order for this community-based, and community -funded, dance company to continue, we respectfully seek a way for the City of Temecula to help us use its own facilities in support of this community service project. This grant allows several hundred community members to partake of fresh dance offerings (that are not dance studio/recital related). This grant will come back to the City of Temecula, not only in studio and theatre rental fees, but in community engagement, artistic development, and cultural enrichment which improves the well-being of the residents of Temecula. Many thanks for your kind consideration and support. Application Page 4 SIGNATURE PAGE We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED Lon Craig Torok, Artistic Director/President BY: NAME and TITLE (Please Printr Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFIO,R: S NAME and TI OWE 1 - ) EC_Re- 1:11/ se Print or type} 4 I�� SIGNATURE: ORGANIZAyON NA Dance Theatre Collective of outhern California MAILING ADDRESS: PO Box 89-3715 Temecula, CA 92589 TELEPHONE: 951-551-2208 DATED THIS 27 EMAIL ADDRESS: dancetheatrecoliective©gmail.com of August , 2012 (Date) (Month) BE SURE TO INCLUDE THE ORIGINAL PLUS ONE COPY AND SUBMIT BY AUGUST 30, 2012 TO: Mali Completed Applications to: Or Deliver In Person to: City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Attn: Eva Pharis / City Manager's Office 41000 Main Street Temecula, CA 92590 Application Page 5 Dance Theatre Collective of Southern California 2012-13 OPERATING BUDGET for AVOCADO DANCE THEATRE TODAY'S DATE 7/1/2012 , 2 Circle one: (Initial Projection Projection Revision Page: 1 of 3 rr 1 ITEM DESCRIPTION ANNUAL COST IN-KIND DONATION EXPENSES Insurance: NonProfits' Insurance Alliance of CA 7/1/2012-6/30/2013 $1,202.00 Rehearsals: OTTCT Studio Rental: Thursdays/Saturdays Jan 5 — June 29 $ 3,600.00 6 hours/week = $150; x 24 weeks Personnel: Choreographers, stipends $ 2,000.00 Artistic Director/Avocado Dance Theatre $ 25,000.00 Assistant Director/danceXchange $ 600.00 $ 1,000.00 Company Class, guest instructors $ 450.00 Dancers: $10,000 per year/per dancer $100,000.00 Composers $1,000.00 Lighting Designer $ 800.00 Set Designer $ 500.00 Video/Projection Designer $ 300.00 Costume Designer $ 300.00 Stage Manager $ 600.00 1 Production Expenses: Stagehands, $19/hr x 22 hrs x 2 $1,254.00 Theatre Rental, Performances Theatre Rental, Load-In/Tech Theatre Rental, Rehearsal $ 700.00 $ 200.00 $ 360.00 Costumes Music Royalties Props Publicity Printing $ 1,000.00 $ 800.00 $ 500.00 $ 1,000.00 $ 300.00 Dance Flooring $ 140.00 Equipment Rental Front of House TOTAL $ 100.00 $ 633.00 $ 18,339.00 INCOME Local Business Support: Box Office (May 10/11 OTTCT) Individual Donations Grants "Avocado Goes Green" Fundraiser August 8, 2012 Spring Fundraiser danceXchange Open Company Classes Strictly WorkoutWear Dr. Andrew Tibbits & Associates Wolfe PhotoArt Ryan Bros. Coffee $ 4,500.00 $ 1,500.00 $ 1,928.79 $ 1,500.00 $ 2,400.00 $ 400.00 $ 50.00 $ 500.00 $ 2,000.00 $ 60.00 2 Key of Z Music Temecula Presents Penny Pickle's Children's Museum Rustico Ristorante Pizzeria TOTAL $ 12,228.79 $ 300.00 $ 800.00 $ 75.00 $ 50.00 $129,835.00 Final Gain/Loss $ (6,110.21) NOTE: Highlighted areas represent specific funding request from City of Temecula, Community Service Funding Program 3 Balance Sheet Dance Theatre Collective of Southern California As of August 29, 2012 ASSETS Current Assets Cash $10,000.12 Accounts Receivable $740.00 Inventory, Avocado Dance Merchandise $450.00 Total Assets $11,190.12 LIABILITIES Accounts Payable OTTCT, studio rental July 2012 — October 2012 $2,400.00 Company Class Instructor fees, August $50.00 Insurance Premium, balance, through June 2013 $1,001.00 Prepaid Income/Receipts danceXchange, productions through June 2013 $4,000.00 Total Liabilities $7,451.00 Total Equity $3,739.12 INTERNAL REVENUE SERV1�.. P. O. BOX 2508 CINCINNATI, OH 45201 Date: JUN Z6 2012 DANCE THEATRE COLLECTIVE OF SOUTHERN CALIFORNIA C/O LORI CRAIG TOROK PO BOX 893715 TEMECULA, CA 92589-3715 DE.__<TMENT OF THE TREASURY Employer Identification Number: 45-3060025 DLN: 17053131329042 Contact Person: SHAWNDEA KREBS Contact Telephone Number: (877) 829-5500 Accounting Period Ending: June 30 Public Charity Status: 170(b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: March 2, 2012 Contribution Deductibility: Yes Addendum Applies: No ID# 31072 Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) DANCE THEATRE COLLECTIVE OF Enclosure: Publication 4221 -PC -2- Sincerely, coo stia•-•—• Lois G. Lerner Director, Exempt Organizations Letter 947 (DO/CG) • ENDORSED - FILED in the Office of the Secretary of State of the Slate of California ARTICLES OF INCORPORATION MAR 2012 OF DANCE THEATRE COLLECTIVE OF SOUTHERN CALIFORNIA ONE: The name of this corporation is DANCE THEATRE COLLECTIVE OF SOUTHERN CALIFORNIA. TWO: This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The specific purpose(s) for which this corporation is organized is to create, unite, support, and enrich the community through an ongoing exchange among professional artists, students, performers, and audiences. This is accomplished through community dance performances, festivals, lecture/demonstration series, showcases, summer dance camps, master classes, professional dance theatre symposia events, and other educational dance theatre activities dedicated to the development of dance and theatrical culture throughout the community. THREE: The name and address in the State of California of this corporation's initial agent for service of process is Lori Craig Torok, 30260 Churchill Court, Temecula, California 92591 FOUR: (a) This corporation is organized and operated exclusively for Non -Profit purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. (b) Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from federal income tax under Section 50 1(c)(3) of the Internal Revenue Code or (2) by a corporation contributions to which are deductible under Section 170(cX2) of the Internal Revenue Code. (c) No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of, or in opposition to, any candidate for public office. FIVE: The names and addresses of the persons appointed to act as the initial Directors of this corporation are: Name Address Lori Craig Torok 30260 Churchill Court, Temecula, California 92591 Tennille Lambert 4462 Ellenwood Drive, Los Angeles, California 90041 Shezwae Powell 31922 Cedarhill Lane, Lake Elsinore, California 92532 Christopher Kiser 20381 Bryant Street, Wildomar, California 92595 Winston Earle 13 Bella Aliza, Lake Elsinore, California 92532 SIX: The property of this corporation is irrevocably dedicated to Non -Profit of Dance Theatre Collective of Southern California and no part of the net income or assets of the organization shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. ARTICLES OF INCORPORATION DANCE THEATRE COLLECTIVE OF SOUTHERN CALIFORNIA SEVEN: On the dissolution or winding up of the corporation, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for non-profit purposes and which has established its tax- exempt status under Section 501(c)(3) of the Internal Revenue Code. We declare that we are the persons who executed the foregoing Articles of Incorporation which execution is our act and deed. Lori Craig To Director ARTICLES OF INCORPORATION DANCE THEATRE COLLECTIVE OF SOUTHERN CALIFORNIA Winston Earl I If for City of Temecula 2012-13 CS Funding Program APPLICATION NO. 18 RECEIVED CITY OF T +,MF,CUTJA CITY MANAGER'S FISCAL YEAR 2012-13 OFFICE COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2012.13 Program Submission Deadline: Thursday; August 30, 2012 (original, plus one) PROJECT INFORMATION Amount Requested: $�L�E ; . (Maximum allowable $5,000) 1'--C_cI� 44 Project Start Date: Le Project End Date: ORGANIZATION INFORMATION Name of Organization:) -`G'DO,LLT— 1�-� }� -k 63-e 2--t- --O. L).C__t Contact Name: I -kms% 4t4 icz4 -T Title/Position: Mailing Address: 2 , A.1 N"- CP, i A:)i.; ? -it L�� �✓l�-ll �L �5� Telephone: ���\� �o'�i—ICP�� Year Organization Founded: Number of Paid Staff: r Number of Volunteers:-�- Ci(1) Geographic Area(s) Served: Is this organization incorporatedinnCC Iifornia as a non-profit organiz-tion? Yes V No Effective Date: C - If "yes&quo