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Home My WebLink About061113 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 11, 2013 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) 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(d)(4) with respect to a matter of potential litigation and will discuss whether to initiate litigation against a certain defendant(s). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2) The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams; Special Labor Relations Counsel Jeff Freedman; City Attorney Peter Thorson, Director of Public Works Greg Butler, Sr. Management Analyst Heidi Schrader, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 13-06 Resolution: 13-30 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Shawn Fujioka Invocation: Reverend Al of Unity Church of Temecula Valley Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar 1 PRESENTATIONS/PROCLAMATIONS 100th Birthday Certificate to Bernice Sloblom Odyssey of the Mind World Finals Update — Abby Reinke Elementary School Bicycle Friendly Community Award Presentation National Small Business Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of May 28, 2013. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of April 30, 2013 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2013. 5 Financial Statements for the Nine Months Ended March 31, 2013 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2013; 5.2 Approve an appropriation of $22,000 in General Fund for Animal Control Services; 5.3 Approve a transfer of $39,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.164.602.5412; 5.4 Approve a transfer of $130,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.167.999.5419. 6 Agreement for Audit Services for the Fiscal Years Ended June 30, 2013, 2014, and 2015 RECOMMENDATION: 6.1 Approve a three-year Agreement with Vavrinek, Trine, Day & Co., LLP Certified Public Accountants, to serve as the City's auditors for the Fiscal Years ended June 30, 2013, 2014, and 2015 for an annual agreement amount of $44,880 each fiscal year for a total agreement amount of $134,640; 6.2 Authorize the City Manager to approve additional work up to 10% of the amount of the agreement as approved by City Council. 3 7 Approval of Employment Agreement with Aaron Adams RECOMMENDATION: 7.1 Approve the Employment Agreement for Aaron Adams. 8 Agreement for Consultant Services with Ellison Wilson Advocacy, LLC for State Lobbyist Services RECOMMENDATION: 8.1 Approve a two-year Agreement for state lobbyist services with Ellison Wilson Group, LLC, in an annual amount of $42,000. 9 Agreement for Consultant Services with David Turch and Associates for Federal Lobbyist Services RECOMMENDATION: 9.1 Approve a two-year Agreement for federal lobbyist services with David Turch and Associates in an annual amount of $42,000. 10 Voter Approved Measure C Annual Special Tax Levy RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2013-14 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 11 Fiscal Year 2013-14 Solid Waste and Recycling Fees RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYLING FEES FOR FISCAL YEAR 2013-14 4 12 Second Amendment to Agreement for Building Plan Review Services for Fiscal Year 2012-13 RECOMMENDATION: 12.1 Approve a Second Amendment to the Agreement for Building Plan Review Services with Esgil in the amount of $24,000. 13 Approval of the Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs for Fiscal Year 2013-14, PW13-05 RECOMMENDATION: 13.1 Approve the specifications, and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs for Fiscal Year 2013- 14, PW13-05. 14 Additional Construction Contingency and Notice of Completion for the Roripauqh Ranch Fire Station, PW03-01 RECOMMENDATION: 14.1 Approve an increase of $9,108.25 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc., and increase the administrative approval authority of the City Manager accordingly; 14.2 Accept the improvements constructed as part of this project as complete; 14.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 14.4 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 15 Approval of the Purchase and Sale Agreement and All -Inclusive Settlement Agreement for acquisition of Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210- 059 in connection with the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) 5 (PROJECT NUMBER PW04-08) AND APPROVING THAT CERTAIN AGREEMENT ENTITLED ALL-INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) 15.2 Accelerate the appropriation and funding in the amount of $629,434 from Fiscal Year 2013-14 to Fiscal Year 2012-13 in the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08; 15.3 Authorize the Finance Director to issue warrants for the sums of $4,265,615 and $230,819, plus escrow fees for deposit with Escrow Holder Lawyers Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 15.4 Authorize the Finance Director to issue a warrant in the sum of $1,103,000, plus escrow fees for deposit with the Escrow Holder Old Republic Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 15.5 Authorize the City Manager to approve and execute any necessary documents, including the Form of Lease Agreement attached as Exhibit "F" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitations, all escrow instructions. 16 Award of a Construction Contract for the Temecula Community Center Renovation, PW12-01 RECOMMENDATION: 16.1 Award the Construction Contract for the Temecula Community Center Renovation, PW12-01, to LDCO, Inc. in the amount of $1,520,814; 16.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $152,081, which is equal to 10% of the total contract amount; 16.3 Make a finding that the Temecula Community Center Renovation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 17 Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services RECOMMENDATION: 17.1 Approve an Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services in the amount of $84,303 for Fiscal Year 2013-14. 6 18 Purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment RECOMMENDATION: 18.1 Approve an Agreement with Theodore Robins Inc. d/b/a Theodore Robins Ford for the purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment for a total amount of $77,734. 19 Approve Encroachment Agreement for Assessor Parcel Numbers 922-033-005 and 922- 033-006 (located at 41958 Fifth Street, Temecula) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA)" ******************** 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 13-01 Resolution: No. CSD 13-03 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. 20 Action Minutes RECOMMENDATION: 20.1 Approve the action minutes of May 28, 2013. 21 Financial Statements for the Nine Months Ended March 31, 2013 RECOMMENDATION: 21.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2013. 8 22 Award of a Construction Contract for the Great Oak High School Tennis Court Lighting, PW12-03 RECOMMENDATION: 22.1 Award the Construction Contract for the Great Oak High School Tennis Court Lighting, PW12-03, to MDE Group, Inc. in the amount of $389,000; 22.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $38,900, which is equal to 10% of the total contract amount; 22.3 Make a finding that the Great Oak High School Tennis Court Lighting is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 23 Third Amendment with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal Year 2013-14 RECOMMENDATION: 23.1 Approve the Third Amendment to the Agreement with Excel Landscape, Inc. to provide continued landscape maintenance services, and the addition of new and supplemental landscape maintenance service areas, in the amount of $2,231,631.80 for Fiscal Year 2013-14; 23.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $223,163.18, which is equal to 10% of the amendment amount. CSD PUBLIC HEARING Any person may submit written comments to the Community Services District 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. 24 Adoption of the Fiscal Year 2013-14 TCSD Annual Operating Budget RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 9 25 Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2013-2014 RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2013-2014 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, June 25, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 10 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. SARDA 13-01 Resolution: No. SARDA 13-03 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, Roberts, Washington, Naggar SARDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 26 Action Minutes RECOMMENDATION: 26.1 Approve the action minutes of February 26, 2013. 27 Financial Statement for the Nine Months Ended March 31, 2013 RECOMMENDATION: 27.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2013. 11 SARDA BUSINESS 28 Adoption of the Fiscal Year 2013-14 SARDA Annual Operating Budget RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 29 Adoption of the Fiscal Years 2014-2018 Capital Improvement Program Budget for the Successor Agency to the Temecula Redevelopment Agency RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, June 25, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 12 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 13 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 30 Adoption of the Fiscal Year 2013-14 Annual Operating Budget RECOMMENDATION: 30.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 30.2 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 30.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2013-14 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY 30.4 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER 31 Adoption of the Fiscal Years 2014-2018 Capital Improvement Program Budget RECOMMENDATION: 31.1 Adopt a resolution entitled: 14 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, June 25, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orca — 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. 15 PRESENTATIONS The City of Temecula would like to wish Bern ice Sjoblom A Happy and Memorable 100th Birthday May 25, 1913 The City Council of the City of Temecula would like to wish you a very "Happy Birthday" on this memorable event. We hope you enjoyed your special day and wish you many more enjoyable years with your family and friends. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this eleventh day of June, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, every year since 1963, the President of the United States has issued a proclamation announcing "National Small Business Week," which recognizes the critical contributions of America's entrepreneurs and small business owners; and WHEREAS, more than half of Americans either own or work for a small business which creates two out of every three new jobs in the United States each year; and WHEREAS, as part of "National Small Business Week," the United States Small Business Administration takes the opportunity to highlight the impact of outstanding entrepreneurs, small business owners, and others from all 50 states, and United States territories; and WHEREAS, every day growth of small businesses create 21st Century jobs, drives innovation, and increases America's global competitiveness; and WHEREAS, National Small Business Week events will be held in multiple cities across the Nation including in Temecula, California; and WHEREAS, the City of Temecula, in partnership with the Temecula Valley Chamber of Commerce and the Inland Empire Small Business Development Center, provide resources and support to our local small businesses. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim June 17 through June 21, 2013, as "National Small Business Week" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eleventh day of June, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 28, 2013 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matter: 1) The Council will meet in closed session to consider an appointment to the position of City Manager pursuant to Government Code Section 54957 and to meet with its designated representatives, Mayor Naggar and City Attorney Peter Thorson, pursuant to Government Code Section 54957.6 to provide direction to the designated representatives concerning negotiation of salary, compensation and benefits for the unrepresented employee position of City Manager. The City Council will consider and discuss the salary, compensation and benefits and any proposed employment agreement for the position of City Manager in a public meeting before taking action concerning the approval of these matters. 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 Naggar 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 7:07 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Temecula Preparatory and Temecula Valley Unified School District Elementary School Beginning Bands Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula Valley Flag Salute: Shawn Nelson ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Temecula Valley Balloon & Wine Festival 30th Anniversary Proclamation Open House Day at Jacob's House Proclamation Certificate of Achievement to Devin Crookshank for attaining the rank of Eagle Scout Action Minutes 052813 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Paul Jacobs • Ed Elder • Edward Day • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR Paul Jacobs addressed the City Council regarding Consent Calendar Item 2. 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (4-0-1, with Council Member Roberts abstaining on 2.1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval and Council Member Roberts abstained on Item 2.1 as he did not attend the May 14, 2013 City Council meeting. RECOMMENDATION: 2.1 Approve the action minutes of May 14, 2013; 2.2 Approve the action minutes of May 22, 2013. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 052813 2 4 Sixth Amendment to the Agreement with Proactive Fire Design, Inc. — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve the Sixth Amendment to the Agreement with Proactive Fire Design, Inc. in the amount of $20,000 for a total contract amount of $269,000 for Fire Department Plan Review Service; 4.2 Approve Fire Department plan review revenues increase in the amount of $20,000; 4.3 Approve budget appropriation in the amount of $20,000 for additional plan review service for Fiscal Year 2012-13. 5 Award of a Construction Contract for the Old Town Temecula Community Theater Remediation Project, PW12-04 — Taken off calendar. RECOMMENDATION: 5.1 Award a Construction Contract for the Old Town Temecula Community Theater Remediation Project, PW12-04, to AMG & Associates, Inc. in the amount of $2,429,000; 5.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $242,900, which is equal to 10% of the contract amount; 5.3 Approve the acceleration of $2,084,175 from the Capital Improvement Budget for Fiscal Year 2013-14 to the current Fiscal Year 2012-13 for the Theater Remediation Project, PW12-04; 5.4 Approve the transfer and acceleration of $250,000 from the Capital Improvement Budget for Fiscal Year 2013-14 to the current Fiscal Year 2012-13 from the City Facilities Rehabilitation (210.165.701.5804) to the Theater Remediation Project, PW12-04; 5.5 Make a finding that the Old Town Temecula Community Theater Remediation Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes 052813 3 6 Award a Construction Contract for the Citywide Slurry Seal Fiscal Year 2012-13, PW -12-23 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Award a Construction Contract to American Asphalt South, Inc., in the amount of $424,041.40, for the Citywide Slurry Seal Fiscal Year 2012-13, PW12-23; 6.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $106,010.35, which is equal to 25% of the contract amount; 6.3 Make a finding that the Citywide Slurry Seal Fiscal Year 2012-13 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 7 Professional Services Agreement for Material Testing for Citywide Slurry Seal Fiscal Year 2012-13, PW12-23 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve a Professional Services Agreement with LaBelle Marvin, Inc. for material testing services in the amount of $57,400, for Citywide Slurry Seal Fiscal Year 2012-13, PW12-23; 7.2 Authorize the Interim City Manager to approve Extra Work Authorizations in the amount of $5,740, which is equal to 10% of the agreement amount. 8 Amendments to Annual Agreements for Various Services Required by the Public Works, Traffic Division — Fiscal Year 2013-14 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the following Amendments to Annual Agreements in the amounts stated for Fiscal Year 2013-14 for various Traffic Division operational needs: Altec Industries, Inc. — First Amendment $30,000 Counts Unlimited, Inc. — First Amendment $20,000 Southwest Traffic Systems, Inc. — Second Amendment $30,000 Willdan Engineering — Second Amendment $30,000 Action Minutes 052813 4 RECESS At 7:48 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:54 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. CITY COUNCIL BUSINESS 11 Proposed City Logo and Style Guide — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: Approve the City Logo and associated Style Guide as recommended by the Economic Development Subcommittee (Council Members Roberts and Washington) By way of a Power Point presentation, Economic Development Analyst I, Christine Damko presented the staff report as per agenda material. 12 Selection of Member to Serve on the Temecula Healthcare Ad Hoc Subcommittee — Appointed Council Member Washington to serve on the Temecula Healthcare Ad Hoc Subcommittee (5-0-1) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with Council Member Comerchero removing himself from the Chambers. Council Member Comerchero resigned from this committee and did not participate in the Council's discussion or the vote on this matter and was not present in the Council Chamber during the consideration of this matter. RECOMMENDATION: 12.1 Appoint a member of the City Council to serve on the Temecula Healthcare Ad Hoc Subcommittee. 13 A Resolution of the City Council of the City of Temecula Naming Wilder Hills (at the request of Council Member Comerchero) - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 13-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA NAMING WILDER HILLS Action Minutes 052813 5 DEPARTMENTAL REPORTS 14 Community Development Department Monthly Report 15 Police Department Monthly Report 16 City Council Travel/Conference Report — April 2013 17 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced the City Council unanimously approved and appointed Aaron Adams as permanent City Manager. City Council directed the City Attorney to prepare an employment agreement that will be on the agenda at the next meeting for consideration in open session. ADJOURNMENT At 8:22 P.M., the City Council meeting was formally adjourned to June 11, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in the Name of The Newspaper The Californian' *** Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 052813 6 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 11, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,441,666.59. 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 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/16/2013 TOTAL CHECK RUN $ 2,738,912.45 05/23/2013 TOTAL CHECK RUN 2,302,589.08 05/23/2013 TOTAL PAYROLL RUN: 400,165.06 TOTAL LIST OF DEMANDS FOR 06/11/2013 COUNCIL MEETING: $ 5,441,666.59 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 4,235,061.20 135 BUSINESS INCUBATOR RESOURCE 524.60 140 COMMUNITY DEV BLOCK GRANT 17,833.01 165 SARDA AFFORDABLE HOUSING 17,167.56 170 MEASUREA FUND 158,123.71 190 TEMECULA COMMUNITY SERVICES DISTRICT 195,715.92 192 TCSD SERVICE LEVEL B 77,671.28 194 TCSD SERVICE LEVEL D 1,762.01 196 TCSD SERVICE LEVEL "L"LAKE PARKMAINT. 9,244.02 197 TEMECULA LIBRARY FUND 5,361.74 210 CAPITAL IMPROVEMENT PROJECTS FUND 136,882.99 300 INSURANCE FUND 10,175.99 320 INFORMATION TECHNOLOGY 94,721.84 330 SUPPORT SERVICES 2,767.95 340 FACILITIES 19,045.70 375 SUMMER YOUTH EMPLOYMENT PROGRAM 66.58 380 SARDA DEBT SERVICE FUND 28,315.93 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 5,294.78 477 CFD- RORIPAUGH 3,134.77 501 SERVICE LEVEL'C'ZONE 1 SADDLEWOOD 794.98 502 SERVICE LEVEL'C'ZONE 2 WINCHESTER CREEK 756.25 503 SERVICE LEVEL'C'ZONE 3 RANCHO HIGHLANDS 126.73 504 SERVICE LEVEL'C'ZONE 4 THE VINEYARDS 197.14 505 SERVICE LEVEL'C'ZONE 5 SIGNET SERIES 1,253.35 506 SERVICE LEVEL'C'ZONE 6 WOODCREST COUNTRY 540.21 507 SERVICE LEVEL'C'ZONE 7 RIDGEVIEW 716.88 508 SERVICE LEVEL'C'ZONE 8 VILLAGE GROVE 3,593.04 509 SERVICE LEVEL'C'ZONE 9 RANCHO SOLANA 110.04 510 SERVICE LEVEL'C'ZONE 10 MARTINIQUE 482.35 511 SERVICE LEVEL'C'ZONE 11 MEADOWVIEW 95.03 512 SERVICE LEVEL'C'ZONE 12 VINTAGE HILLS 3,388.42 513 SERVICE LEVEL'C'ZONE 13 PRESLEY DEVELOP. 175.43 514 SERVICE LEVEL'C'ZONE 14 MORRISON HOMES 594.76 515 SERVICE LEVEL'C'ZONE 15 BARCLAY ESTATES 281.67 516 SERVICE LEVEL'C'ZONE 16 TRADEWINDS 712.86 517 SERVICE LEVEL'C'ZONE 17 MONTE VISTA 58.55 518 SERVICE LEVEL'C'ZONE 18 TEMEKU HILLS 1,548.26 519 SERVICE LEVEL'C'ZONE 19 CHANTEMAR 176.83 520 SERVICE LEVEL'C'ZONE 20 CROWNE HILL 3,953.63 521 SERVICE LEVEL'C'ZONE 21 VAIL RANCH 878.67 522 SERVICE LEVEL'C'ZONE 22 SUTTON PLACE 120.50 523 SERVICE LEVEL'C'ZONE 23 PHEASENT RUN 32.04 524 SERVICE LEVEL'C'ZONE 24 HARVESTON 152.06 525 SERVICE LEVEL'C'ZONE 25 SERENA HILLS 917.92 526 SERVICE LEVEL'C'ZONE 26 GALLERYTRADITION 60.75 527 SERVICE LEVEL'C'ZONE 27 AVONDALE 7.04 528 SERVICE LEVEL'C'ZONE 28 WOLF CREEK 771.18 529 SERVICE LEVEL'C'ZONE 29 GALLERY PORTRAIT 133.38 $ 5,041,501.53 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 257,779.48 140 COMMUNITY DEV BLOCK GRANT 1,029.80 165 SARDA AFFORDABLE HOUSING 7,038.97 190 TEMECULA COMMUNITY SERVICES DISTRICT 91,796.17 192 TCSD SERVICE LEVEL B 240.89 194 TCSD SERVICE LEVEL D 2,767.34 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 441.55 197 TEMECULA LIBRARY FUND 1,398.11 300 INSURANCE FUND 1,327.90 320 INFORMATION TECHNOLOGY 19,446.81 330 SUPPORT SERVICES 4,326.62 340 FACILITIES 9,740.70 375 SUMMER YOUTH EMPLOYMENT PROGRAM 547.79 501 SERVICE LEVEL'C'ZONE 1 SADDLEWOOD 83.82 502 SERVICE LEVEL'C'ZONE 2 WINCHESTER CREEK 56.23 503 SERVICE LEVEL'C'ZONE 3 RANCHO HIGHLANDS 66.82 504 SERVICE LEVEL'C'ZONE 4 THE VINEYARDS 12.17 505 SERVICE LEVEL'C'ZONE 5 SIGNET SERIES 135.51 506 SERVICE LEVEL'C'ZONE 6 WOODCREST COUNTRY 24.58 507 SERVICE LEVEL'C'ZONE 7 RIDGEVIEW 34.79 508 SERVICE LEVEL'C'ZONE 8 VILLAGE GROVE 229.92 509 SERVICE LEVEL'C'ZONE 9 RANCHO SOLANA 2.34 510 SERVICE LEVEL'C'ZONE 10 MARTINIQUE 10.39 511 SERVICE LEVEL'C'ZONE 11 MEADOWVIEW 7.04 512 SERVICE LEVEL'C'ZONE 12 VINTAGE HILLS 153.55 513 SERVICE LEVEL'C'ZONE 13 PRESLEY DEVELOP. 32.76 514 SERVICE LEVEL'C'ZONE 14 MORRISON HOMES 18.92 515 SERVICE LEVEL'C'ZONE 15 BARCLAY ESTATES 16.59 516 SERVICE LEVEL'C'ZONE 16 TRADEWINDS 38.18 517 SERVICE LEVEL'C'ZONE 17 MONTE VISTA 3.38 518 SERVICE LEVEL'C'ZONE 18 TEMEKU HILLS 142.19 519 SERVICE LEVEL'C'ZONE 19 CHANTEMAR 76.17 520 SERVICE LEVEL'C'ZONE 20 CROWNE HILL 206.28 521 SERVICE LEVEL'C'ZONE 21 VAIL RANCH 348.95 522 SERVICE LEVEL'C'ZONE 22 SUTTON PLACE 8.34 523 SERVICE LEVEL'C'ZONE 23 PHEASENT RUN 9.18 524 SERVICE LEVEL'C'ZONE 24 HARVESTON 196.28 525 SERVICE LEVEL'C'ZONE 25 SERENA HILLS 63.25 526 SERVICE LEVEL'C'ZONE 26 GALLERYTRADITION 2.92 527 SERVICE LEVEL'C'ZONE 27 AVONDALE 9.18 528 SERVICE LEVEL'C'ZONE 28 WOLF CREEK 289.32 529 SERVICE LEVEL'C'ZONE 29 GALLERY PORTRAIT 3.88 400,165.06 TOTAL BY FUND: $ 5,441,666.59 apChkLst Final Check List Page: 1 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2172 05/14/2013 000621 WESTERN RIVERSIDE Apr '13TUMF Payment COUNCIL OF 158212 05/16/2013 015859 ACTION AIR CONDITIONING, REFUND BALANCE:HVAC HEATING SOLAR CHGOUT:B13-0898 427,098.00 427,098.00 25.25 25.25 158213 05/16/2013 013367 ACTIVE MICRO INC misc tools & equip:pwtmffc div 503.68 503.68 158214 05/16/2013 005068 ADKISSON, CANDICE reimb:supplies:mother's day tea 5/11 172.95 172.95 158215 05/16/2013 004802 ADLERHORST INTERNATIONAL Apr Training:police K-9 unit 283.34 283.34 INC 158216 05/16/2013 015864 ALEXANDER, CAMILLE & REFUND:BAL ON ACCT:TCC 90.00 90.00 GREGORY 158217 05/16/2013 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:TH EATER 170.00 170.00 158218 05/16/2013 012943 ALPHA MECHANICAL SERVICE HVAC PREV MAINTENANCE SVCS: STN 58.00 INC 73 HVAC PREV MAINTENANCE SVCS: STN ! 292.00 HVAC PREV MAINTENANCE SVC:FOC 283.00 HVAC SRVCS:HARVESTON COMM SPOR 72.00 HVAC PREVENTATIVE MAINT:PBSP 133.00 HVAC PREV MAINT SVC:HARVESTON Cl 191.00 HVAC PREV MAINT SVS:HIST MUSEUM 150.00 HVAC PREV MAINTENANCE SVC:CHAPE 50.00 REPLACE HVAC MOTOR: CHILDREN'S M 547.24 repair hvac system: library 886.39 2,662.63 158219 05/16/2013 015871 ALPHA TECHNOLOGIES REFUND:ENG GRAD DEP:LD11-009GR 41,570.00 41,570.00 SERVICE INC 158220 05/16/2013 015267 AMCAL PUJOL FUND L.P. refund:Portola Terr: project complete 9,602.48 9,602.48 158221 05/16/2013 014235 AND ALL THAT JAZZ TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 227.50 455.00 91.00 500.50 1,274.00 Pagel apChkLst Final Check List Page: 2 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158222 05/16/2013 001323 ARROWHEAD WATER INC 158223 05/16/2013 011961 AT&T MOBILITY 158224 05/16/2013 015860 AUSTIN, KIMBERLE 158225 05/16/2013 015866 AVAXAT ELEMENTARY 158226 05/16/2013 015554 B BLUES ENTERTAINMENT 158227 05/16/2013 011954 BAKER &TAYLOR INC 158228 05/16/2013 004040 BIG FOOT GRAPHICS 158229 05/16/2013 008605 BONTERRA CONSULTING 158230 05/16/2013 006908 C C & COMPANY INC 158231 05/16/2013 001035 C R & R INC Description Amount Paid Check Total BOTTLED WATER SVC:CHILDREN'S 36.92 MUSEUM BOTTLED WATER SVC:TCC 16.97 BOTTLED WATER SVC: CRC 86.18 BOTTLED WATER SVC: PBSP 47.28 BOTTLED WATER SVC:SKATE PARK 647 BOTTLED WATER SVC:THEATER 4048 BOTTLED WATER SVC: HISTORY MUSEL 19.13 BOTTLED WATER SVC: LIBRARY 6840 BOTTLED WATER SVC: FOC 135.51 BOTTLED WATER SVC:TES POOL 647 BOTTLED WATER SVC: CHS/AQUATICS 6.47 BOTTLED WATER SVC: HARVESTON CEI 24.95 Bottled wtr svc: city council 38.91 Bottled wtr svc: TVE2 20.96 555.10 Apr Trip wire:gmfftti:Police 130.20 130.20 refund:sec dep:rm rental:Harveston 200.00 200.00 refund:refund balance:Pennypickles 24.00 24.00 Performance: Theater 6/7 1,100.00 1,100.00 LIBRARY- MISC. BOOKS, REFERENCE -22.76 MISC BOOKS, REFERENCE MATERIALS: 63.89 41.13 Design/artwork:recreation guide 2013 1,500.00 DESIGN/ARTVVORK:SUMMER'13 REC Gl 725.00 2,225.00 DEC -FEB FRENCH VLY PKWYI-15 24,122.50 INTERCHG 2/8-3/8/13 CNSLT:PECHANGA PKWY 5,636.52 29,759.02 HARPIST ENTERTAIN:MOTHER'S DAY 150.00 TEA 5/11 HARPIST ENTERTAIN:MOTHER'S DAY TE 150.00 300.00 MAY TRASH HAULING SERVICES 256.74 256.74 Page2 apChkLst Final Check List Page: 3 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158232 05/16/2013 003138 CAL MAT Description Amount Paid Check Total PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS PW PATCH TRUCK ASPHALT MATERIALS 158233 05/16/2013 000647 CALIF DEPT OF CONSUMER Eng lic renewal:Salazar, Jon AFFAIRS 158234 05/16/2013 005311 CERTIFIED POOL WATER SPCL. 913.87 397.44 398.87 947.74 477.86 761.45 895.24 525.62 336.72 319.39 5,974.20 115.00 115.00 APR MAINT SVCS:CRC &TES POOLS 900.00 WATER FOUNTAIN MAINT SVC: TOWN S( 175.00 fountain maint srvcs:civic ctr & town sq 500.00 158235 05/16/2013 009640 CERTIFION CORPORATION Online database subscription:police 158236 05/16/2013 000137 CHEVRON AND TEXACO City vehicles fuel:Police 158237 05/16/2013 015090 CLEARWATER SYSTEMS CORP HVAC WATER SYST MAINT SVCS: CIVIC CTR 158238 05/16/2013 013286 CONN EXON TELECOM INC Apr Enterprise 911 svc: IT 158239 05/16/2013 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: var parks DIST. 158240 05/16/2013 001264 COSTCO WHOLESALE 158241 05/16/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 158242 05/16/2013 015213 CYBER COMPUTERS, INC. misc electrical supplies:old town garage misc electrical supplies: var parks misc electrical supplies: var parks misc electrical supplies: var parks misc electrical supplies: var parks refreshments:every 15 min pgrm THEATER HOSPITALITY& OFC SUPPLIE: MISC SUPPLIES:SKIP EVENT MISC SUPPLIES:SKIP EVENT MISC SUPPLIES:SKIP EVENT& MBSHP L 150.00 2,147.00 1,575.00 150.00 2,147.00 550.00 550.00 500.00 500.00 110.16 103.68 194.40 233.28 59.40 42.12 304.37 63.38 157.92 85.47 361.88 743.04 973.02 nonskid surface: civ center city seal 3,500.00 PLUMBING REPAIR SRVCS: CRC 827.00 4,327.00 Samsung cloud displays:info tech 8,605.33 8,605.33 Pages apChkLst Final Check List Page: 4 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158243 05/16/2013 014410 D R HORTON REFUND:LANDSCAPE FEES:PA04-0492 250.00 250.00 158244 05/16/2013 001393 DATA TICKET, INC. Parking citation processing:police 1,302.73 1,302.73 158245 05/16/2013 002990 DAVID TURCH &ASSOCIATES May legislative cnslt svc: CM 3,500.00 3,500.00 158246 05/16/2013 015535 DEMARCO, ROSALIE TCSD Instructor Eamings 315.00 315.00 158247 05/16/2013 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 245.00 245.00 158248 05/16/2013 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:WESTERN 852.40 852.40 SRVCS DAYS2013 158249 05/16/2013 004192 DOWNS COMMERCIAL Fuel for Cityvehicles:TCSD, PW 2,808.04 FUELING INC Fuel for City vehicles:PW Maint Fuel for City vehicles:pw Fuel for City vehicles:pw traffic Fuel for City vehicles:code enf Fuel for City vehicles:B&S Fuel for City vehicles:TCSD FUEL FOR CITY VEHICLES:PW LND/NPD Fuel for City vehicles:Police 158250 05/16/2013 004829 ELLISON WILSON ADVOCACY May legislative cnslt svcs: CM LLC 158251 05/16/2013 015862 ENA, JOHNSON refund:sec dep:rm rental:Harveston 158252 05/16/2013 011203 ENVIRONMENTAL CLEANING APR JANITORIAL SRVCS: VAR PARK FACILITIE 1,813.98 269.84 614.96 217.70 358.91 67.85 83.91 71.56 6,306.75 3,500.00 3,500.00 100.00 100.00 5,265.00 5,265.00 158253 05/16/2013 011292 ENVIRONMENTAL SCIENCE SEP -OCT CONSULTING SVCS:EIR 35,570.67 ASSOC. BELLA LINDA FEB EIR:JEFFERSON CORRIDOR 27,115.93 158254 05/16/2013 001056 EXCEL LANDSCAPE backflow enclosure: butterfield park 776.95 62,686.60 776.95 158255 05/16/2013 015330 FAIR HOUSING COUNCIL CDBG sub-recipient:fair housing srvcs 819.42 CDBG SUB -RECIPIENT: FAIR HOUSING 818.93 1,638.35 158256 05/16/2013 012633 FAITH AUTO GLASS & TINTING replace windshield: pw street maint div 262.00 262.00 158257 05/16/2013 009953 FEDERAL CLEANING CONTRACTORS MAY JANITORIAL SVCS:POLICE MALL STOREFRO 751.50 751.50 Page4 apChkLst Final Check List Page: 5 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 158258 05/16/2013 015766 FIRE HOOKS UNLIMITED, INC. 158259 05/16/2013 003347 FIRST BANKCARD CENTER 007028 AMERICAN AIRLINES 007028 AMERICAN AIRLINES 009407 YAHOO!TRAVEL 158260 05/16/2013 014556 FOULK, ANDREW 158261 05/16/2013 015863 FRAIL EY, TANYA 158262 05/16/2013 000795 FRED PRYOR SEMINARS -CARE ERTRAC 158263 05/16/2013 000172 GAS B 158264 05/16/2013 010326 G E MOBILE WATER, INC 158265 05/16/2013 003946 GT ENTERTAINMENT 158266 05/16/2013 007279 GAIL MATERIALS INC 158267 05/16/2013 001937 GALLS INC 158268 05/16/2013 015861 GLOBALSCOPE LLC 158269 05/16/2013 014173 GOLDSTAR ASPHALT PRODUCTS 158270 05/16/2013 003792 GRAINGER (Continued) Description Amount Paid Check Total FIRE EQUIPMENT REPAIR: STA73 RR AIRFARE:NLC STEERING COMM MTG 6/26-29 JC AIRFARE:NLC STEERING COMM MTG 6/26-29 JC YAHOO! TRAVEL AIR BOOKING FEE Photo purch:Abbott science fair 4/20 refund:sec dep:rm rental:Harveston Microsoft access seminar:HS '13 GASB SUBSC: HENNESSY, JENNIFER washer supplies: Sta 73 washer supplies: Sta 73 WASHER SUPPLIES: STA73 DJ & sound srvcs:TCSD expo 4/20 LNDSCP MATERIALS:VARIOUS PARK BALLFIELDS uniforms:Police Volunteers uniforms:Police Volunteers uniforms:Police Volunteers uniforms:Police Volunteers uniforms:Police Volunteers refund:3 hr credit rental:MPSC asphalt products:hintergardt parking lot asphalt products:hintergardt parking lot asphalt products:hintergardt parking lot portable generator: Fire 158271 05/16/2013 012748 HARDY& HARPER INC asphalt paving imprvts: pala park 376.65 813.60 799.10 6.99 300.00 150.00 299.00 225.00 59.00 25.92 63.73 635.00 518.40 16.82 66.15 73.00 29.32 29.32 33.00 1,041.66 943.92 760.54 592.93 376.65 1,619.69 300.00 150.00 299.00 225.00 148.65 635.00 518.40 214.61 33.00 2,746.12 592.93 15,860.50 15,860.50 Pages apChkLst Final Check List Page: 6 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158272 05/16/2013 000520 HDL COREN & CONE INC Apr -Jun consulting srvcs:property tax 5,250.00 5,250.00 158273 05/16/2013 001517 HEALTH & HUMAN RESOURCE Employee assistance prgm 664.40 664.40 CTR 158274 05/16/2013 001135 HEALTHPOINTE MEDICAL Emp industrial care srvcs:HR 101.87 GROUP INC Emp industrial care srvcs:HR Emp industrial care srvcs:HR Emp industrial care srvcs:HR Emp industrial care srvcs:HR 158275 05/16/2013 014847 HOCK, NICOLE PERFORMANCE:WESTERN DAYS 5/18-19 158276 05/16/2013 013695 INLAND EMPIRE SHRED IT shred services:Police shred services: Records Div shred services: Records Div shred services: Records Div 158277 05/16/2013 011228 INLAND PLANNING AND MAR CNSLT: JEFFERSON CORRIDOR DESIGN INC 151.87 100.00 386.10 180.00 919.84 250.00 250.00 15.00 16.95 60.00 15.00 106.95 1,200.00 1,200.00 158278 05/16/2013 006914 INNOVATIVE DOCUMENT WIDE FORMAT INK 267.84 SOLUTIONS SUPPLIES:CENTRALSRVCS wide format ink supplies:central srvcs 34.56 302.40 158279 05/16/2013 001407 INTER VALLEY POOL SUPPLY MISC POOL SUPPLIES: VAR SITES 708.43 708.43 INC 158280 05/16/2013 015673 JDS VIDEO & MEDIA PRODUCTION SVCS:GOOD DAY 825.00 825.00 PRODUCTIONS TEMECULA 158281 05/16/2013 012285 JOHNSTONE SUPPLY PLUMBING EQUIP: CIVIC CENTER 158282 05/16/2013 015869 JONATHON, JONES refund:sec dep:rm rental:Harveston 158283 05/16/2013 000820 K R W &ASSOCIATES MAR -MAY ENG PLAN CK:PW LAND DEV 158284 05/16/2013 015867 KANAWI, BEVERLY refund:sec dep:conf ctr:TCSD 158285 05/16/2013 015358 KELLY PAPER COMPANY, INC. COPY PAPER:CENTRAL SERVICES 158286 05/16/2013 003726 LIFE ASSIST INC CPR/FIRSTAID CLASS SUPPLIES: MEDICS Emergency medical supplies: Medics 1,022.64 200.00 880.00 150.00 69.49 1,448.51 1,022.64 200.00 880.00 150.00 69.49 2,379.54 3,828.05 Pages apChkLst Final Check List Page: 7 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158287 05/16/2013 009263 LOWES HIW INC EQUIPMENT REPAIR & MAINT: STA73 158288 05/16/2013 004141 MAINTEX INC 158289 05/16/2013 011920 MASTER CONCEPTS LLC 158290 05/16/2013 009541 MEYER AND ASSOCIATES 158291 05/16/2013 015555 MINNEAPOLIS GUITAR QUARTET 158292 05/16/2013 015865 MOWER, ANNA 158293 05/16/2013 010168 MYERS & SONS HI -WAY SAFETY INC 158294 05/16/2013 015870 NAMA AUTOMOTIVE 158295 05/16/2013 000727 NATIONAL FIRE PROTECTION ASSN Dishwasher replacement: Sta 84 MISC JANITORIAL SUPPLIES:VAR SITES MISC JANITORIAL SUPPLIES: VAR SITES MISC CLEANING SUPPLIES: VAR LOCATI 616.42 700.90 1,000.08 351.00 1,695.60 1,317.32 3,046.68 TCSD Instructor Eamings 1,102.50 TCSD Instructor Eamings 1,102.50 TCSD Instructor Eamings 18.37 TCSD Instructor Eamings 294.00 TCSD Instructor Eamings 220.51 TCSD Instructor Eamings 1,176.00 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 588.00 TCSD Instructor Eamings 661.50 TCSD Instructor Eamings 1,102.50 TCSD Instructor Eamings 1,102.50 TCSD Instructor Eamings 1,029.00 TCSD Instructor Eamings 9.19 TCSD Instructor Eamings 1,029.00 TCSD Instructor Eamings 18.20 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 1,029.00 TCSD Instructor Eamings 1,680.00 TCSD Instructor Eamings 1,102.50 TCSD Instructor Eamings 1,102.50 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 1,029.00 TCSD Instructor Eamings 735.00 TCSD Instructor Eamings 1,102.50 18,777.77 Apr Theater remediation:PW CIP 21,412.00 21,412.00 Performance: Theater: 6/8 5,000.00 5,000.00 refund:sec dep:rm rental:Harveston 200.00 200.00 misc traffic contrl items:pw street 165.89 165.89 REFUND:DUPL PMT:BUS LIC 039278 36.00 36.00 2013 NFPA CODE BOOKS:FIRE PREV 4,718.07 4,718.07 Page:7 apChkLst Final Check List Page: 8 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158296 05/16/2013 015164 NATURES IMAGE, INC APR ENVIRO MITIGATION:FVP 1,452.95 1,452.95 OVERCROSSING 158297 05/16/2013 008820 NEIGHBORS NEWSPAPER Advertising:western days 2013 250.00 250.00 158298 05/16/2013 014786 NORTH, KATHERINE MAY exec staff photos:Finance, TCSD 170.00 170.00 158299 05/16/2013 003964 OFFICE DEPOT BUSINESS SVS credit:misc office supplies/theater -15.10 DIV Misc office supplies:old town pd office 184.52 169.42 158300 05/16/2013 004473 OLD TOWN TEMECULA Performance:Westem Days 5/18-19/13 1,800.00 1,800.00 GUNFIGHTERS 158301 05/16/2013 002105 OLD TOWN TIRE & SERVICE City vehicle maint srvcs:windstar 73.84 73.84 158302 05/16/2013 001171 ORIENTAL TRADING COMPANY Misc supplies:tiny tots program 141.99 141.99 INC 158303 05/16/2013 013910 PACIFIC RESTORATION Ldscp maint:caltrans Idscp improve 5,940.00 5,940.00 GROUP INC 158304 05/16/2013 013381 PEREZ, AARON TROY Dance Lesson: Theater 5/21/13 150.00 150.00 158305 05/16/2013 012904 PROACTIVE FIRE DESIGN Apr plan review consultant: Prevention 13,037.55 13,037.55 158306 05/16/2013 014379 PROFESSIONAL IMAGE STORAGE & MAINT:STREET BANNERS 139.10 139.10 ADVERTISING 158307 05/16/2013 005075 PRUDENTIAL OVERALL Apr floor mats & towel rentals:var 619.33 SUPPLY Apr fir mats/uniforms/NA rentals:var 938.76 1,558.09 158308 05/16/2013 001416 QUICK CRETE PRODUCTS INC picnic tables: various park sites 4,996.08 4,996.08 158309 05/16/2013 000262 RANCHO CALIF WATER DISTRICT 158310 05/16/2013 000947 RANCHO REPROGRAPHICS Apr water meter-comm:28640 Pujol St 8.04 Apr water meter-comm:41375 McCabe Reprographic srvcs:pave rehab Reprographic srvcs:pave rehab Reprographic srvcs:pave rehab Reprographic srvcs:theater Reprographic srvcs:tcc Reprographic srvcs:butterfield ext Reprographic srvcs:tennis courts 80.43 88.47 36.29 6.48 186.84 408.20 185.22 6.48 26.98 856.49 Pages apChkLst 05/16/2013 1:36:02PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 158311 05/16/2013 015843 RAPP, LAURA 158312 05/16/2013 000271 RBF CONSULTING 158313 05/16/2013 002412 RICHARDS WATSON & GERSHON 158314 05/16/2013 000406 RIVERSIDE CO SHERIFFS DEPT 158315 05/16/2013 000406 RIVERSIDE CO SHERIFFS DEPT 158316 05/16/2013 015868 ROJAS, IRMA 158317 05/16/2013 013579 ROPPE, DAWN 158318 05/16/2013 000278 SAN DIEGO UNION TRIBUNE 158319 05/16/2013 013582 SAN DIEGU ITO PUBLISHERS INC 158320 05/16/2013 009746 SIGNS BYTOMORROW 158321 05/16/2013 000645 SMART & FINAL INC 158322 05/16/2013 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total REFUND:FOOD ALLERGIES WKSHP 1015.201 Dsgn consulting srvcs:tennis ct lighting Oct EIR: temecula creek inn Feb EIR: temecula creek inn Mar EIR: temecula creek inn Aug EIR: temecula creek inn Mar 2013 legal services Credit:billing adj/Mar 2013 legal srvcs Guard & bailiff srvcs:youth court prgm 02/07/13-03/06/13:Iaw enforcement Auto/Ped/Bike Collision Invest.SK refund:sec dep:rm rental:TCC Gravestones:every 15 min pgrm Apr legal advertising:city clerk/pin/pw Apr advertising:theater Printing srvcs:recreation brochure Printing srvcs:recreation brochure Updating of banners:TCSD events Misc supplies:cultural event pgrms Misc supplies:cultural event pgrms MISC SUPPLIES:MPSC MISC SUPPLIES:MPSC Apr 2-29-974-7899:26953 Ynez LS -3 Apr 2-29-479-2981:31454 Tem pkwy TC -1 Apr 2-01-202-7603:vahous All -nice LS -1 Apr 2-01-202-7330:vahous All -nice LS -1 Apr 2-05-791-8807:31587 Tem pkwy LS3 Apr 2-25-350-5119 45602 Redhawk pkwy Apr 2-30-066-2889: 30051 rancho vista Apr 2-30-608-9384:28582 harveston Apr 2-33-777-1950:40135 village rd Apr 2-20-798-3248:42081 Main St Apr 2-02-351-5281:30875 rancho vista Apr 2-10-331-2153:28816 Pujol St 55.00 4,601.50 18,745.00 2,250.00 3,750.00 12,988.23 96,263.38 -696.00 331.02 1,493,151.48 154.00 400.00 449.90 1,405.44 567.00 16,738.49 1,339.06 171.50 54.33 254.43 244.19 327.43 142.56 98.10 24,625.79 77,518.13 11,319.40 26.15 25.18 456.12 458.89 958.46 3,536.89 1,435.03 55.00 42,334.73 95,567.38 1,493,482.50 154.00 400.00 449.90 1,972.44 18,077.55 171.50 880.38 120,600.70 Page9 apChkLst Final Check List Page: 10 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 158323 05/16/2013 002503 SOUTH COAST AIR QUALITY 158324 05/16/2013 000519 SOUTH COUNTY PEST CONTROL INC 158325 05/16/2013 015848 SOUTHCOAST KEYBOARDS, INC. 158326 05/16/2013 015706 SOUTHERN COMPUTER WAREHOUSE 158327 05/16/2013 005786 SPRINT 158328 05/16/2013 008337 STAPLES BUSINESS ADVANTAGE 158329 05/16/2013 003840 STRONGS PAINTING 158330 05/16/2013 000305 TARGET BANK BUS CARD SRVCS 158331 05/16/2013 012265 TEMECULA ACE HARDWARE C/O 158332 05/16/2013 000168 TEMECULA FLOWER CORRAL 158333 05/16/2013 011736 TEMECULA TROPHY INC 158334 05/16/2013 000515 TEMECULA VALLEY CHAMBER OF 158335 05/16/2013 000306 TEMECULA VALLEY PIPE& SUPPLY 158336 05/16/2013 003849 TERRYBERRY COMPANY (Continued) Description Amount Paid Check Total FY 12/13 AQMD fee:crc FY 12/13 AQMD fee:tve2 FY 12/13 AQMD fee:stn 84 pest control srvcs: stn 84 PEST CONTROL SRVCS: PBSP Piano purchase:Civic Center Computer purch:info tech/library MAR 26 - APR 25 CELLULAR USAGE/EQUIP Misc office supplies: Medics painting improvements: old town Credit:misc supplies/theater Hospitality supplies:theater Misc supplies:bicycle rodeo/camp o'rama Misc supplies:harveston center Misc supplies:mpsc pgrm Misc supplies:mpsc pgrm Misc hardware supplies: Sta 92 Misc supplies:cultural arts pgrm Volunteer name tags: theater '13 State of the City task force table irrigation/plumbing supplies:var parks irrigation/plumbing supplies:var parks SERVICE RECOGNITION PINS:HR 158337 05/16/2013 007824 THESSALONIKA FAMILY REFUND:SEC DEP:RM RENTAL:CONF SERVICES CTR A/B 116.61 116.61 116.61 80.00 70.00 3,500.00 54,138.78 5,072.49 312.40 7,500.00 -23.02 19.74 147.07 275.63 78.56 107.39 34.37 78.78 172.80 300.00 48.98 176.74 874.98 349.83 150.00 3,500.00 54,138.78 5,072.49 312.40 7,500.00 605.37 34.37 78.78 172.80 300.00 225.72 874.98 150.00 150.00 Page:10 apChkLst Final Check List Page: 11 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158338 05/16/2013 000319 TOMARK SPORTS INC 158339 05/16/2013 007433 TOVEY SHULTZ CONSTRUCTION INC 158340 05/16/2013 006192 TRISTAFF GROUP 158342 05/16/2013 002702 U S POSTAL SERVICE Description Amount Paid Check Total Sports equip winter -spring 2013 812.13 812.13 Release retention:Roripaugh Fire Stn 28,890.88 28,890.88 TEMP HELP W/E 04/21 LAULU, 220.80 220.80 POTOFOU Feb '13 postage meter deposit Mar '13 postage meter deposit Apr '13 postage meter deposit 158343 05/16/2013 014848 VALUTEC CARD SOLUTIONS, SHOWARE GIFT CARD SERVICE: LLC THEATER 158344 05/16/2013 004261 VERIZON 158345 05/16/2013 004789 VERIZON MAYXXX-2941 GENERAL USAGE:TVE2 3,069.68 2,665.92 5,397.25 11,132.85 39.16 39.16 405.04 405.04 APR INTERNET SVCS:THEATER 134.99 APR INTERNET SVCS: LIBRARY 158346 05/16/2013 004279 VERIZON CALIFORNIA INC. UTILITY RELOC SRVCS:FRENCH VLY PKWY 158347 05/16/2013 001342 WAXIE SANITARY SUPPLY INC MISC CLEANING SUPPLIES:CIVIC CENTER 0.08 135.07 18,633.72 18,633.72 73.35 73.35 158348 05/16/2013 008402 WESTERN RIVERSIDE Apr '13 MSHCP payment 72,108.00 72,108.00 COUNTY 158349 05/16/2013 009512 WURMS JANITORIAL upholstery cleaning srvcs: library 405.00 405.00 SERVICES, INC 999410 05/10/2013 015851 AKBAY, AHMET (JOHN) refund:sec dep:rm rental:harveston 200.00 200.00 999411 05/10/2013 015852 CAMANTIGUE, REGGIE refund:sec dep:rm rental:TCC 200.00 200.00 999412 05/10/2013 015853 FILES, FRANCA refund:Teen summer day camp 240.00 240.00 999413 05/10/2013 015854 HEIRES, BETH refund:sec dep:rm rental:harveston 200.00 200.00 999414 05/10/2013 015855 [CASHMERE, RENA refund:bal on acct:summer day camp 40.00 40.00 999415 05/10/2013 015856 ROMERO, BETH refund:sec dep:rm rental:harveston 200.00 200.00 Page:11 apChkLst Final Check List Page: 12 05/16/2013 1:36:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999416 05/10/2013 015857 SALAZAR, JACQUELINE refund:picnic rental:temeku hills park 999417 05/10/2013 015858 REED, MICHELLE refund:room rental:harveston ctr 43.00 43.00 272.00 272.00 Grand total for UNION BANK OF CALIFORNIA: 2,738,912.45 Page:12 apChkLst Final Check List Page: 13 05/16/2013 1:36:02PM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks. 2,738,912.45 Page:13 apChkLst Final Check List Page: 1 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2173 05/23/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 14,017.51 14,017.51 RETIREMENT) 2174 05/23/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 138,872.66 138,872.66 RETIREMENT) 2175 05/23/2013 000444 INSTATAX (EDD) State Disability Ins Payment 21,644.88 21,644.88 2176 05/23/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,900.23 75,900.23 2177 05/23/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 10,614.01 10,614.01 SOLUTION 2178 05/23/2013 010349 CALIF DEPT OF CHILD Support Payment 1,704.33 1,704.33 SUPPORT 2179 05/23/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,900.64 2,900.64 SOLUTION 2180 05/23/2013 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 4,620.88 4,620.88 303355 158350 05/23/2013 005068 ADKISSON, CANDICE reimb:high hopes showcase 158.70 158.70 158351 05/23/2013 015448 ALDRICH, JAMES reimb:refreshments:fre prey cnty mtg 62.62 62.62 158352 05/23/2013 014531 ALLEN EMBROIDERY SERVICE STAFF IDENTIFICATION 843.64 843.64 JACKETS:SPCL EVENTS 158353 05/23/2013 012943 ALPHA MECHANICAL SERVICE REPLACE SMOKE 534.68 534.68 INC DETECTOR:THEATER 158354 05/23/2013 013015 ALWAYS RELIABLE BACKFLOW TESTING SRVCS:VARIOUS 2,300.00 2,300.00 BACKFLOW SLOPES 158355 05/23/2013 004240 AMERICAN FORENSIC NURSES Mar -Apr DUI & drug testing:Police 423.80 (AFN) Mar -Apr DUI & drug testing:Police 466.18 889.98 158356 05/23/2013 014451 ARCHITECTURAL SIGN parking signs: old town garage 318.60 318.60 IDENTITY 158357 05/23/2013 013332 ARMSTRONG GARDEN PLANT CADDIES & SOIL FOR MUSEUM 500.00 500.00 CENTERS INC Pagel apChkLst Final Check List Page: 2 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158358 05/23/2013 015893 BARDO, TYRENI refund ticket:prod chg'd show:Theater 158359 05/23/2013 014284 BLAKELY'S TRUCK SERVICE 158360 05/23/2013 014299 BOOKS ON TAPE 158361 05/23/2013 003048 BOYS & GIRLS CLUB 158362 05/23/2013 015899 BURNS-MAPSTEAD, ERIN 158363 05/23/2013 000154 C S M F O 42.00 42.00 vehicle repairs: pw street maint div 128.00 vehicle repairs: pw street maint div 330.03 vehicle repairs: pw street maint div 153.99 misc vehicle repairs: pw street maint 181.13 vehicle repairs: pw street maint div 1,370.84 misc vehicle repairs: pw street maint 207.31 misc vehicle repairs: pw street maint 106.11 2,477.41 BOOKS ON TAPE:LIBRARY 20.25 20.25 FY 12/13 CDBG SUBRECIPIENT 11,069.00 11,069.00 refund: Product Sale: Spec Event 100.00 100.00 5/21-12/31/13 MBSHP:HENNESSY, 110.00 110.00 JENNIFER 158364 05/23/2013 003138 CAL MAT ASPHALT PURCH:CITYVVIDE STREET 142.95 REPAIRS ASPHALT PURCH:CITYVVIDE STREET RE 411.61 ASPHALT PURCH:CITYVVIDE STREET RE 1,378.37 ASPHALT PURCH:CITYVVIDE STREET RE 474.70 2,407.63 158365 05/23/2013 004248 CALIF DEPT OF APR DUI & DRUG SCREENS:POLICE 1,715.00 1,715.00 JUSTICE-ACCTING 158366 05/23/2013 004241 CALIF DEPT OF STATE certification renewal:Lankenau, Steve 500.00 500.00 ARCHITECT 158367 05/23/2013 015902 CALIFORNIA VIRTUAL refund: sec dep: TCC 200.00 200.00 ACADEMY 158368 05/23/2013 006114 CASEY, MARGIE reimb:refreshments:team pace act 221.10 221.10 158369 05/23/2013 014726 CHAPTER 13 STANDING Support Pmt Case # 6:10-bk-51657-MJ 182.77 182.77 TRUSTEE 158370 05/23/2013 004405 COMMUNITY HEALTH Community Health Charities Payment 44.00 44.00 CHARITIES 158371 05/23/2013 000442 COMPUTER ALERT SYSTEMS install alarm sys batteries:hist museum 86.29 86.29 158372 05/23/2013 015892 CORTEZ, JULIA refund:sec dep:CRC 200.00 200.00 Page2 apChkLst Final Check List Page: 3 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158373 05/23/2013 001264 COSTCO WHOLESALE 158374 05/23/2013 014501 COUNTYWIDE MECHANICAL SYSTEMS 158375 05/23/2013 013379 COUSSOU, CELINE 158376 05/23/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 158377 05/23/2013 003945 DIAMOND ENVIRONMENTAL SRVCS 158378 05/23/2013 002390 EASTERN MUNICIPAL WATER DIST Description Amount Paid Check Total misc supplies:father/daughter night 416.97 misc supplies:father/daughter night 418.28 MISC SUPPLIES:PW 139.70 974.95 HVAC srvcs:info tech 2,136.00 HVAC srvcs:info tech 2,038.90 4,174.90 TCSD Instructor Eamings 122.50 TCSD Instructor Eamings 94.50 TCSD Instructor Eamings 224.00 441.00 OLD TOWN/SOUND SYSTEM AC 5,892.60 REPAIRS PLUMBING REPAIR: STA 84 598.67 6,491.27 PORTABLE RESTROOM SRVCS:VAR 55.95 PARKS PORTABLE RESTROOM SRVCS:VAR PAI 55.95 PORTABLE RESTROOM SRVCS:VAR PAI 55.95 PORTABLE RESTROOM SRVCS:VAR PAI 55.95 PORTABLE RESTROOM SRVCS:VAR PAI 55.95 credit billing adj:riverton park -3.15 credit billing adj:long canyon park -3.15 credit billing adj:la serena way -3.15 credit billing adj:32965 harmony In -3.15 credit billing adj:32555 deerhollow way -3.15 264.00 May water meter:39656 Diego Dr 268.84 May water meter:Murr hot springs rd 29.18 May water meter:Murr hot springs rd 123.90 421.92 158379 05/23/2013 015900 ECALNIR, MARIA refund:Father/Daughter Soiree 4415.201 20.00 20.00 158380 05/23/2013 003665 EXCEL COMMERCIAL Apr long distance phone svcs 53.72 53.72 158381 05/23/2013 001056 EXCEL LANDSCAPE irrigation repairs: various slopes 267.88 IRRIG REPAIR: VAIL RANCH SLOPE 273.44 IRRIG REPAIR: VAIL RANCH SLOPE 210.46 IRRIG REPAIR: WOLF CREEK SLOPE 146.97 898.75 158382 05/23/2013 015901 FAMILY HOPE FOSTER FAMILY refund: sec dep: TCC 200.00 200.00 158383 05/23/2013 003747 FINE ARTS NETWORK Settlement:happy mother's day 5/12 1,318.17 1,318.17 Pages apChkLst Final Check List 05/23/2013 4:16:30PM CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 158384 05/23/2013 003347 015784 007050 FIRST BANKCARD CENTER PATIO-PARTS.COM CHILIS RESTAURANT 000515 TEMECULA VALLEY CHAMBER OF 013338 013851 006952 008567 APPLE STORE STORM SOURCE, LLC PAYPAL GODADDY.COM INC. 008337 STAPLES BUSINESS ADVANTAGE 011998 014583 000418 015247 007443 015804 001590 000515 YAHOO! FLICKR PALUMBO'S RISTORANTE, LLC RIVERSIDE CO CLERK & RECORDER FAMOUS DAVE'S AMPCO PARKING PANTHER PRIMITIVES, INC CALIF REDEVELOPMENT ASSN TEMECULA VALLEY CHAMBER OF 000515 TEMECULA VALLEY CHAMBER OF 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 012663 UNITED STATES TENNIS ASSN 007282 AMAZON.COM, INC 012881 006952 007282 015874 015904 008736 4IMPRINT INC PAYPAL AMAZON.COM, INC HANA SUSHI TEMECULA,. MO's EGG HOUSE SUBWAY (Continued) Description Amount Paid Check Total GB misc equip & supplies:C. Museum GB REFRESHMENTS:LABOR NEGOTIATION MTG4/ GB State of the city 2013:pw/traf comm MH comp equip & supplies:JH, KH,IT MH APPOINTMENT PLUS:INFO TECH MH Verisign pay0ow pro transaction MH DOMAIN WEB RENEWAL: INFO TECH MH misc office supplies:IT MH FLICKR PRO ACCT: INFO TECH SJ meal: closed council mtg 4/9 SJ reg agreemnt doc copies #34089162 SJ meal: closed council mtg 4/23 SJ prkg:CCAC annual conf 2013 SJ misc items:touch history childrens PR webinar:prop mgmt plans:LW PR State of the city 2013:ping comm PR State of the city2013:SF, LKL AA REFRESHMENTS:REG. TASK FORCE MTG 4/29 AA REFRESHMENTS:REG. TASK FORCE MTG 4/29 AA USTA Tourn. sanction fee AA REFRESHMENTS:REG. TASK FORCE MTG 4/29 AA promo items:Eco Dev AA Verisign payflow pro transaction AA BOOKS:LIBRARY SJ TOT tax appeal hearing 4/29 AA REFRESHMENTS:EDC MTG4/17 AA refreshments:class study mtg 4/24 -207.24 62.00 200.00 1,671.58 20.00 59.95 539.64 323.99 44.95 149.56 23.00 259.09 10.00 623.75 129.00 120.00 80.00 143.54 181.28 43.00 15.80 548.50 180.00 67.05 44.04 257.58 45.00 Page4 apChkLst Final Check List Page: 5 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 39.12 015363 76 TEMECULA FUELS CORP AA fuel: CM vehicle 54.00 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 59.69 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 45.85 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 142.14 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 36.14 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 32.14 009720 STARBUCKS CORPORATION AA REFRESHMENTS:REG. TASK 25.90 FORCE MTG 4/29 008668 WES FLOWERS SJ 20YR MEM. 107.97 DEDICATION:HINDERGARDT 5/9 008956 PANERA BREAD AA refreshments:city atty mtg 4/9 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 006952 PAYPAL AA VERISIGN PAYFLOW PRO TRANSACTION 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 008337 STAPLES BUSINESS AA BADGES FOR REGIONAL TASK ADVANTAGE FORCE 4/29 48.54 30.99 43.24 194.80 18.23 13.99 85.31 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 136.50 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 9.71 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 166.11 007282 AMAZON.COM, INC AA REFRESHMENTS:REG. TASK 250.97 FORCE MTG 4/29 007282 AMAZON.COM, INC AA REFRESHMENTS:REG. TASK 118.48 FORCE MTG 4/29 000515 TEMECULA VALLEY CHAMBER AA State of the city 2013:tcsd comm. OF 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 008956 PANERA BREAD AA refreshments:higher educ mtg 4/29 008956 PANERA BREAD AA refreshments:higher educ mtg 4/29 120.00 12.33 17.27 34.54 12.58 47.95 137.86 7,677.41 Pages apChkLst 05/23/2013 4:16:30PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 158385 05/23/2013 014393 FONSTAD, RONALD EUGENE 158386 05/23/2013 011145 FOSTER, JILL CHRISTINE 158387 05/23/2013 002982 FRANCHISE TAX BOARD 158388 05/23/2013 015430 GONZALES, SARAH JO 158389 05/23/2013 014402 GROEPPER, BROOKE ELIZABETH 158390 05/23/2013 013749 HELIXSTORM INC. 158391 05/23/2013 015897 HENNESSY, JENNIFER 158392 05/23/2013 009135 IMPACT MARKETING & DESIGN INC 158393 05/23/2013 014692 JOHNSON, BARBARA KATHLEEN 158394 05/23/2013 000548 KIPLINGER LETTER, THE 158395 05/23/2013 013797 LA JOLLA BOOKING AGENCY 158396 05/23/2013 014228 LSK, LLC 158397 05/23/2013 004813 M & J PAUL ENTERPRISES INC 158398 05/23/2013 014184 MALCOLM SMITH MOTORCYCLES, INC (Continued) Description Amount Paid Check Total AED SUPPLIES: MEDICS CPR/AED SUPPLIES: MEDICS TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Support Pmt Account # 562276013 APR -MAY HIGH HOPES INSTRUCTOR EARNINGS TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TECH CONSULTING SRVCS:INFO TECH reimb:phone accessory & supplies Uniforms: Theater TCSD Instructor Eamings TCSD Instructor Eamings Subscription:Hennessy, Jennifer Settlement:hotel california 5/15-16 JUNE '13 FACILITY LEASE PMT:HARVESTON INFLATABLE JUMP RENTAL:EASTER EGG HUNTS INFLATABLE JUMP RENTAL:EASTER EG VEH REPAIR & MAINT:PD HONDA MOTORS VEH REPAIR & MAINT:PD HONDA MOTO VEH REPAIR & MAINT:PD HONDA MOTO 2,748.09 2,984.11 1,241.33 849.33 2,195.20 2,103.74 135.00 465.00 235.20 478.80 235.20 3,145.80 4,527.60 1,646.40 9,000.00 97.18 219.70 268.80 268.80 38.00 7,657.30 4,853.88 174.00 174.00 1,027.85 344.29 5,732.20 6,389.60 135.00 465.00 10,269.00 9,000.00 97.18 219.70 537.60 38.00 7,657.30 4,853.88 348.00 1,354.84 2,726.98 Pages apChkLst Final Check List Page: 7 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158399 05/23/2013 004307 MARINE BIOCHEMISTS APR WATER MAINT SRVCS:HARV/DUCK POND 158400 05/23/2013 006571 MELODY'S AD WORKS INC. MARKETING & PROMO SVCS:OLD TOWN 158401 05/23/2013 004951 MIKES PRECISION WELDING EMERGENCY REPAIR: DUCK POND INC. STATUE 3,900.00 3,900.00 3,700.00 3,700.00 805.00 805.00 158402 05/23/2013 001214 MORNINGSTAR SOUND EQUIP & TECH:BLUEGRASS 5,300.00 PRODUCTIONS, LLC FESTIVAL 20 SOUND EQUIP & TECH:BLUEGRASS FE: 2,129.13 158403 05/23/2013 004490 MUSCO SPORTS LIGHTING INC LIGHTING CONTROL LINK FEES: VAR 3,200.00 PARKS 158404 05/23/2013 003964 OFFICE DEPOT BUSINESS SVS DIV 158405 05/23/2013 002105 OLD TOWN TIRE &SERVICE 158406 05/23/2013 002105 OLD TOWN TIRE &SERVICE 158407 05/23/2013 013198 ORTENZO-HAYES, KRISTINE 158408 05/23/2013 002800 PACIFIC STRIPING INC 158409 05/23/2013 015783 PACIFIC WEST FURNITURE MFG INC 158410 05/23/2013 015898 PEARSON, AMY MISC OFFICE SUPPLIES:PW CIP 90.71 Misc office supplies:tcc Misc office supplies:tcc MISC OFFICE SUPPLIES:PW DEPTS MISC OFFICE SUPPLIES:PW DEPTS MISC OFFICE SUPPLIES:PW DEPTS Business cards:temecula police City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:Parks Maint City Vehicle Maint Svcs:Parks Maint City Vehicle Maint Svcs:Parks Maint City Vehicle Maint Svcs:Parks Maint TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 156.31 178.35 22.66 109.92 5.16 143.42 1,977.92 79.55 380.10 2,177.21 96.70 36.35 260.96 518.70 319.20 319.20 638.40 672.00 637.00 7,429.13 3,200.00 706.53 4,614.78 394.01 3,104.50 ann'I restriping srvcs: city roadways 157,932.19 157,932.19 Mattress replacements: Sta 12 3,974.40 3,974.40 refund: lost mall: library 15.99 15.99 Page:7 apChkLst Final Check List Page: 8 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158411 05/23/2013 003663 PECHANGA BAND OF LUISENO Apr tribal monitoring:btrfld stage rd 158412 05/23/2013 000249 PETTY CASH 158413 05/23/2013 010338 POOL & ELECTRICAL PRODUCTS INC 158414 05/23/2013 015011 POPOVICH, JEAN 158415 05/23/2013 000262 RANCHO CALIF WATER DISTRICT 158416 05/23/2013 002654 RANCHO FORD LINCOLN MERCURY 158417 05/23/2013 009725 RAZAVI, MANDIS 158418 05/23/2013 015908 REBELES, MARY 158419 05/23/2013 015858 REED, MICHELLE 158420 05/23/2013 003591 RENES COMMERCIAL MANAGEMENT 158421 05/23/2013 000353 RIVERSIDE CO AUDITOR 158422 05/23/2013 010777 RIVERSIDE CO EXECUTIVE OFFICE 158423 05/23/2013 000268 RIVERSIDE CO HABITAT 3,013.38 3,013.38 Petty Cash Reimbursement 1,033.44 Petty Cash Reimbursement chemicals & supplies: park fountains refund:class cancel) Santa Rosa Plateau Apr comm water meter:Pauba Rd 174.61 1,208.05 142.71 142.71 20.00 20.00 16.07 Apr var water meters:P W 1,696.07 Apr var water meters:TCSD svc lev C 16,887.62 Apr var water meters:TCSD svc lev C 18,322.21 Apr comm water meter:30650 Pauba Rd 358.56 Apr water meter: 29119 Margarita Rd 36.20 Apr water meter: 29119 Margarita Rd 184.69 Apr water meter:41951 Moraga Rd 101.47 Apr 01-31-61237-2 Calle Elenita 63.55 Apr 01-15-83003-4 40135 Village Rd 327.32 Apr 01-15-83005-4 Landings Rd 17.22 Apr var water meter:30875 Rancho vista 444.61 38,455.59 Fire vehicle maint: Sta 84 447.38 447.38 TCSD Instructor Eamings 405.07 405.07 refund:class cancel) Santa Rosa Plateau 40.00 40.00 refund:sec dep: Harveston 200.00 200.00 weed abatemnt:city open right-of-ways 13,300.00 13,300.00 Apr '13 prkg citation assessments 3,766.50 3,766.50 MAY ANIMAL SHELTER SERVICES 11,600.13 11,600.13 Apr '13 K -Rat payment 9,130.00 9,130.00 Pages apChkLst Final Check List Page: 9 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158424 05/23/2013 000406 RIVERSIDE CO SHERIFFS DEPT 158425 05/23/2013 001365 RIVERSIDE COUNTY OF 158426 05/23/2013 001365 RIVERSIDE COUNTY OF 158427 05/23/2013 014593 RKR MARKETING & ADVERTISING 158428 05/23/2013 014311 RMSJ, INC. 158429 05/23/2013 000815 ROWLEY, CATHY 158430 05/23/2013 013911 SANTA ROSA PLATEAU ECOLOGICAL 158431 05/23/2013 011511 SCUBA CENTER TEMECULA Description Amount Paid Check Total 03/07/13-04/03/13 law enforcement 1,483,948.00 1,483,948.00 Jan -Mar '13 vector control srvcs 3,263.86 3,263.86 renew permit: TES pool 336.00 336.00 Engraved pens:council outreach pgrm 1,487.00 1,487.00 Repair water slide pump:crc pool 972.80 972.80 TCSD Instructor Eamings 392.00 392.00 Excusion:Summer Explorers Camp 7/11 42.00 42.00 TCSD Instructor Eamings TCSD Instructor Eamings 158432 05/23/2013 001919 SENIOR CITIZENS SERVICE 9/4/12-4/30/13 CDBG subrecipient CENTER 158433 05/23/2013 008529 SHERIFFS CIVIL DIV - Support Pmt LO File # 2013200703 CENTRAL 158434 05/23/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 05/16/13 Jazz © the Merc 5/9/13 158435 05/23/2013 009746 SIGNS BYTOMORROW APR PUBLIC NOTICE POSTINGS:PLANNING 158436 05/23/2013 000645 SMART & FINAL INC 158437 05/23/2013 000537 SO CALIF EDISON 84.00 588.00 4,560.00 672.00 4,560.00 300.00 300.00 516.00 577.00 1,093.00 4,098.19 4,098.19 Misc supplies:father/daughter night 553.87 Misc supplies:aquatics pgrm Apr 2-00-397-5059:33340 Camino piedra Apr 2-30-296-9522:31035 Rancho vista Apr 2-27-560-0625:32380 Deerhollow Apr 2-26-887-0789 various mtrs 2-29-223-9571 Murrieta Hot Sprngs Apr2-28-171-2620 Police Mall Stn Apr 2-31-693-9784:26036 Ynez TCI Apr 2-29-974-7568:26953 Ynez TCI Apr 2-33-237-4818:30499 Rancho cal Apr 2-31-419-2659:26706 Ynez TCI 184.92 738.79 10,291.02 269.40 2,649.22 1,616.36 27.69 754.34 293.85 135.33 106.00 149.33 16,292.54 Page9 apChkLst Final Check List Page: 10 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158438 05/23/2013 001212 SO CALIF GAS COMPANY 158439 05/23/2013 000519 SOUTH COUNTY PEST CONTROL INC 158440 05/23/2013 015731 SOUTHWEST RIVERSIDE INTERFAITH 158441 05/23/2013 015907 STEEN, JERRY 158442 05/23/2013 006145 STENO SOLUTIONS TRANSCRIPTION 158443 05/23/2013 013387 SWEEPING UNLIMITED INC 158444 05/23/2013 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Apr 055-475-6169-5:PHBSP 221.50 Apr 015-575-0195-2:32211 Wolf vly rd 115.53 337.03 pest control srvcs: pw street maint 94.00 pest control srvcs: various parks 94.00 Apr pest control srvcs: City facilities 838.00 Refund: security deposit/theater refund: Sec Dep: Harveston Apr transcription srvcs:Police May sweeping srvcs: of prkg garage MISC SUPPLIES:CHILDRENS MUSEUM MISC SUPPLIES:CHILDRENS MUSEUM MISC SUPPLIES:CHILDRENS MUSEUM MISC SUPPLIES:CHILDRENS MUSEUM Misc supplies:mpsc pgrm 158445 05/23/2013 010679 TEMECULA AUTO Vehicle maintenance: Medics REPAIR/RADIATOR 158446 05/23/2013 003677 TEMECULA MOTORSPORTS LLC 158447 05/23/2013 010046 TEMECULA VALLEY CONVENTION & 158448 05/23/2013 000306 TEMECULA VALLEY PIPE & SUPPLY 500.00 200.00 1,026.00 500.00 200.00 826.98 826.98 500.00 500.00 458.75 205.25 255.13 356.86 48.92 1,324.91 450.38 450.38 Motorcycle repair/maint:Tem.P.D. 176.12 Motorcycle repair/maint:Tem.P.D. 747.87 923.99 Mar '13 Bus. Impry District Asmnts 105,203.26 105,203.26 drinking fountains: loma linda park 3,602.88 3,602.88 158449 05/23/2013 004274 TEMECULA VALLEY SECURITY locksmith srvcs:various park sites CENTR locksmith srvcs:civic center 158450 05/23/2013 000919 TEMECULA VALLEY UNIFIED TVUSD field renovation fees SCHOOL 158451 05/23/2013 015891 THORNBURG, KIRSTEN refund: lost mall: library 158452 05/23/2013 010276 TIME WARNER CABLE 27.82 12.96 21,546.00 40.78 21,546.00 6.99 6.99 May high speed internet Stn 92 44.95 May high speed internet:32211 Wolfvly 103.54 148.49 Page:10 apChkLst Final Check List Page: 11 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158453 05/23/2013 013084 TRI STATE PUMP INC 158454 05/23/2013 014413 U.S. DEPARTMENT OF EDUCATION 158455 05/23/2013 000325 UNITED WAY 158456 05/23/2013 012549 UPODIUM 158457 05/23/2013 015906 UVALLE, CONNIE 158458 05/23/2013 004261 VERIZON 158459 05/23/2013 004789 VERIZON Description Amount Paid Check Total lake pump: harveston lake park Support Pmt Tracing # 1003448532 United Way Charities Payment Vehicle maint supplies: Sta 73 refund:class cancel) Santa Rosa Plateau Aprxxx-0073 gen usage May Internet svcs:Civic Center 3,574.88 3,574.88 251.10 251.10 25.00 25.00 299.87 299.87 40.00 40.00 107.48 107.48 289.99 289.99 158460 05/23/2013 004848 VERIZON SELECT SERVICES May long distance phone svcs 6.80 INC May long distance phone svcs 4.23 11.03 158461 05/23/2013 013647 VICAR OPERATING, INC. Veterinery srvcs: Police K-9 138.00 138.00 158462 05/23/2013 009101 VISION ONE INC Apr ShoWare ticketing srvcs: Theater 1,470.20 1,470.20 158463 05/23/2013 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:theater 92.59 MISC CLEANING SUPPLIES:CIVIC CENTE 494.05 586.64 158464 05/23/2013 005667 WILCOXEN, JANET refund:Sec Dep: Harveston 200.00 200.00 158465 05/23/2013 015772 WILSON, JAMES KEVIN Prizes:scooter challenge event 972.00 972.00 158466 05/23/2013 006290 WOODCREST VEHICLE VEH REPAIR & MAINT:POLICE 210.00 CENTER VEH REPAIR & MAINT:POLICE 6540 275.40 999418 05/17/2013 015877 CANAAN, CYNRA Refund:Summer Day Camp 0405.202/203 40.00 40.00 999419 05/17/2013 015878 DEAN, JAMIE refund:Sec Deposit:CRC 200.00 200.00 999420 05/17/2013 015880 DU, TAZ refund:Class Cancelled:MPSC kitchen 45.00 45.00 999421 05/17/2013 015881 HISCHIER, KIRSTEN refund:Lost Materials: Library 13.99 13.99 Pagel 1 apChkLst Final Check List Page: 12 05/23/2013 4:16:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999422 05/17/2013 015882 HUGHEY, SUSAN refund:Lost Materials:Library 46.95 46.95 999423 05/17/2013 015883 LARA, AGNES refund:Sec Dep:TCC 150.00 150.00 999424 05/17/2013 015884 PENA, PAUL refund:wrong class: TVFEE 146.00 146.00 999425 05/17/2013 015885 RAMIREZ, KELLY refund:incorrect activity:Swim 45.00 45.00 999426 05/17/2013 015858 REED, MICHELLE refund:Sec Dep:Harveston 150.00 150.00 999427 05/17/2013 015886 RIOS, DEBBIE refund:class refund:Swim 45.00 45.00 999428 05/17/2013 015887 SKAIFE, LISA refund:Class cancelled:Food Allergies 55.00 55.00 999429 05/17/2013 015888 SCHRAGER, VALERIE refund:The Little Mermaid Class 152.00 152.00 999430 05/17/2013 015889 SCHWEINSBERG, BRADLEY refund:sec dep: Harveston 200.00 200.00 999431 05/17/2013 015890 YANEZ, FATIMA refund:Class cancelled:Broadway Bound 55.00 55.00 Grand total for UNION BANK OF CALIFORNIA: 2,302,589.08 Page:12 apChkLst Final Check List Page: 13 05/23/2013 4:16:30PM CITY OF TEMECULA 139 checks in this report. Grand Total All Checks. 2,302,589.08 Page:13 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 11, 2013 SUBJECT: City Treasurer's Report as of April 30, 2013 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of April 30, 2013. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of April 30, 2013. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of April 30, 2013 Investments City of Temecula, California Portfolio Management Portfolio Summary April 30, 2013 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 45,731,065.93 45,731,065.93 45,731,065.93 41.72 1 1 0.134 0.136 Retention Escrow Account 5,690,036.85 5,690,036.85 5,690,036.85 5.19 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 33,185,715.93 33,216,980.62 33,185,715.93 30.28 1 1 0.260 0.264 Federal Agency Callable Securities 7,000,000.00 7,042,550.00 7,000,000.00 6.39 1,592 1,127 1.177 1.194 Federal Agency Bullet Securities 18,000,000.00 18,159,830.00 17,996,770.00 16.42 1,253 709 0.879 0.891 Investments 109,606,819.71 109,840,464.40 109,603,589.71 100.00% 308 189 0.354 0.359 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 860,138.53 860,138.53 860,138.53 1 1 0.000 0.000 110,466,958.24 110,700,602.93 110,463,728.24 308 189 0.354 0.359 Total Earnings April 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 33,846.93 115,897,498.38 0.36% Reporting period 04/01/2013-04/30/2013 Run Date: 05/28/2013 - 17:14 535,957.32 126,130,808.32 0.51% Portfolio TEME CP PM (PRF_PM1) 7.3,0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 1 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2012 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 SPTAXI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016.4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03.6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Run Date: 05128/2013 -1 7:14 Portfolio TEME CP PM (PRF PM2) 7,3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 2 Stated YTM YTM Days to Maturity 360 365 Maturity Date Market Value Book Value Rate Managed Pool Accounts 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 0.31 0.31 0.31 0.001 0.001 0.001 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 068 RES2 First American Treasury 202,128.39 202,128.39 202,128.39 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 209,659.68 209,659.68 209,659.68 0.020 0.020 0.020 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,154.45 1,104,154.45 1,104,154.45 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,986.94 1,263,986.94 1,263,986.94 0.020 0.020 0.020 1 136343008 RDA 10A CIP2 First American Treasury 19,948.81 19,948.81 19,948.81 0.020 0.020 0.020 1 136343001-2 RDA 10A-INT1 First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,469.87 1,186,469.87 1,186,469.87 0.020 0.020 0.020 1 136343000-1 RDA 10B-INT1 First American Treasury 07/01/2012 0.74 0.74 0.74 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 440,398.36 440,398.36 440,398.36 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 190,888.66 190,888.66 190,888.66 0.010 0.010 0.010 1 104348000-5 01-2 SPTAXI1 Federated Tax Free Obligations 292,968.69 292,968.69 292,968.69 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,143,491.02 2,143,491.02 2,143,491.02 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 799.68 799.68 799.68 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 147,769.65 147,769.65 147,769.65 0.010 0.010 0.010 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 237,245.70 237,245.70 237,245.70 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,495.72 936,495.72 936,495.72 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 388.79 388.79 388.79 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 535,399.37 535,399.37 535,399.37 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 776.19 776.19 776.19 0.010 0.010 0.010 1 Run Date: 05/28/2013 - 17:14 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2013 Average Purchase Investment # Issuer Balance Date Par Value Page 3 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 08/01/2012 351,062.63 351,062.63 351,062.63 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 03-1 bond fd Federated Tax Free Obligations 08/24/2012 0.51 0.51 0.51 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 424,189.79 424,189.79 424,189.79 0.010 0.010 0.010 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 1,097.51 1,097.51 1,097.51 0.010 0.010 0.010 1 793593016-5 03-2 LOCI Federated Tax Free Obligations 141,978.92 141,978.92 141,978.92 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.21 368.21 368.21 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 657,519.16 657,519.16 657,519.16 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.20 1,144.20 1,144.20 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 507.44 507.44 507.44 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 44,351.20 44,351.20 44,351.20 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,501.74 65,501.74 65,501.74 0.010 0.010 0.010 1 744727000-5 03SSPTAX11 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 1.78 1.78 1.78 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 1,308,992.52 1,308,992.52 1,308,992.52 0.010 0.010 0.010 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,268,929.84 11,268,929.84 11,268,929.84 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 18,908,002.80 18,908,002.80 18,908,002.80 0.264 0.260 0.264 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,644,298.38 3,644,298.38 3,644,298.38 0.264 0.260 0.264 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 Run Date: 05/28/2013 - 17:14 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2013 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 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 47,494,013.54 45,731,065.93 45,731,065.93 45,731,065.93 0.134 0.136 1 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,092.40 600,092.40 600,092.40 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 07/01/2012 4,000,000.00 4,000,000.00 4,000,000.00 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 9,682.45 9,682.45 9,682.45 0.000 0.000 1 39211000 Summerhouse Wells Fargo Bank 04/01/2013 1,080,262.00 1,080.262.00 1,080,262.00 0.000 0.000 1 Subtotal and Average 6,677,365.10 5,690,036.85 5,690,036.85 5,690,036.85 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 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 164741006-1 0303-1 RES CA Local Agency Investment Fun SYSCITY CITY CA Local Agency Investment Fun SYSRDA RDA CA Local Agency Investment Fun SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun Run Date: 05/28/2013 - 17:14 1.00 1.00 0.000 0.000 1 0.000 0.000 1 11/07/2012 765,904.06 765,904.06 765,904.06 0.264 0.260 0.264 1 11/07/2012 306,361.62 306,361.62 306,361.62 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 11/07/2012 1,419,675.76 1,419,675.76 1,419,675.76 0.264 0.260 0.264 1 19,146,277.53 19,165,779.93 19,146,277.53 0,264 0.260 0.264 1 1,742.73 1,744.51 1,742.73 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 0.00 0.00 0.00 0.264 0.260 0.264 1 Portfolio TEME CP PM (PRF_PM2) 7.3 0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2013 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun 11,545,754.23 11,557,514.74 11.545.754.23 0.264 0.260 0.264 1 Subtotal and Average 33,175,070.47 33,185,715.93 33,216,980.62 33,185,715.93 0.260 0.264 1 Federal Agency Callable Securities 3134G38V1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,014,730.00 1,000,000.00 1.400 1.381 1.400 1,318 12/09/2016 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,003,840.00 1,000,000.00 1.000 0.986 1.000 776 06/16/2015 3134G3PH7 01186 Federal Home Loan Mtg Corp 02/24/2012 1,000,000.00 1,004,840.00 1,000,000.00 1.000 0.986 1.000 1,211 08/24/2016 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,003,870.00 1,000,000.00 2.125 2.096 2.125 1,178 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,005,770.00 1,000,000.00 1.350 1.332 1.350 1,272 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,007,340.00 1,000,000.00 1.000 0.986 1.000 1,245 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,002,160.00 1,000,000.00 0.480 0.473 0.480 891 10/09/2015 Subtotal and Average 7,000,000.00 7,000,000.00 7,042,550.00 7,000,000.00 1.177 1.194 1,127 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,005,230.00 997,500.00 2.250 2.284 2.316 89 07/29/2013 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,009,530.00 1,000,000.00 1.375 1.356 1.375 285 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,008,610.00 1,000,000.00 0.875 0.863 0.875 457 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,027,710.00 1,000,000.00 1.300 1.282 1.300 1,254 10/06/2016 31331 KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,017,350.00 1,000,000.00 1.050 1.036 1.050 908 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,015,690.00 1,000,000.00 0.970 0.957 0.970 936 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,270.00 1,000,000.00 0.500 0.493 0.500 212 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,016,670.00 1,000,000.00 1.000 0.986 1.000 952 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,013,140.00 1,000,000.00 0.850 0.838 0.850 993 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,001,500.00 1,000,000.00 0.410 0.404 0.410 911 10/29/2015 313372UH5 01166 Federal Home Loan Bank 03/15/2011 1,000,000.00 1,003,720.00 1,000,000.00 1.125 1.110 1.125 135 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,011,010.00 1,000,000.00 1.000 0.986 1.000 509 09/22/2014 313376W7 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,004,610.00 1,000,000.00 0.520 0.513 0.520 632 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,002,480.00 1,000,000.00 0.400 0.395 0.400 653 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,004,140.00 1,000,000.00 0.500 0.493 0.500 751 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,014,650.00 1,000,000.00 0.900 0.888 0.900 1,062 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 1,000,280.00 1,000,000.00 0.550 0.542 0.550 1,336 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,002,240.00 999,270.00 0.375 0.399 0.404 684 03/16/2015 Run Date: 05/28/2013 - 17:14 Subtotal and Average 17,996,770.00 18,000,000.00 18,159,830.00 17,996,770.00 0.879 0.891 709 Portfolio TEME CP PM (PRF PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Run Date: 05128/2013 - 17:14 Total and Average 115,897,498.38 109,606,819.71 109,840,464.40 109,603,589.71 0.354 0.359 189 Portfolio TEME CP PM (PRF_PM2) 7 3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash April 30, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 03/01/2013 4,090.91 4,090.91 4,090.91 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 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of Califomia 07/01/2012 18,986.70 18,986.70 18,986.70 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of Califomia 827,423.92 827,423.92 827,423.92 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of Califomia 07/01/2012 6,527.00 6,527.00 6,527.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Run Date: 05128/2013 -1 7:14 115,897,498.38 110,466,958.24 110,700,602.93 110,463,728.24 0.354 0.359 189 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Fund # CITY OF TEMECULA CASH BALANCES AS OF APRIL 2013 Fund Name Fund Total 001 GENERAL FUND 100 STATE GAS TAX FUND 120 DEVELOPMENT IMPACT FUND 135 BUSINESS INCUBATOR RESOURCE 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 161 LARRY ROBINSON REWARD 165 AFFORDABLE HOUSING 166 SARDA HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 277 CFD-RORIPAUGH 300 INSURANCE FUND 310 VEHICLES AND EQUIPMENT FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 375 SUMMER YOUTH EMPLOYMENT PROGRAM 380 SARDA DEBT SERVICE FUND 381 REDEVELOPMEN PROPERTY TAX TRUST 395 2011 FINANCING LEASE 2001 & 2008 COPS 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES $ 27,611,901.00 347,638.41 5,162,090.84 131,618.36 143,115.26 304,417.24 5.01 24,998.56 3,870,432.14 15,917,684.95 5,409,442.64 590,560.21 252,702.66 10,544.86 242,108.55 198,301.77 8,708,090.99 2,143,635.51 936,495.72 19,334,434.30 397,355.59 1,311,661.50 1,058,041.56 431,911.89 337,829.60 6,107.08 2,596,206.83 1,039,540.14 1.19 86,534.14 1,003,695.90 1,176,367.74 115,448.04 2,290,316.29 765,884.14 5,808,676.49 21,607.22 36,950.66 27,188.27 3,644.35 5,450.73 16,573.54 4,434.34 19,030.92 15,681.08 6,750.57 1,540.59 15,097.48 4,635.54 1,563.70 55,361.74 832.55 17,857.02 57,734.64 159,411.82 68,524.43 1,115.06 12,291.17 69,781.67 33,935.25 1,862.51 1,332.90 235,883.41 5,450.59 33,282.08 Grand Total: $ 110,700,602.93 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 11, 2013 SUBJECT: Financial Statements for Nine Months Ended March 31, 2013 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: 1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2013; 2. Approve an appropriation of $22,000 in General Fund for Animal Control Services; 3. Approve a transfer of $39,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.164.602.5412; 4. Approve a transfer of $130,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.167.999.5419. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the Nine Months ended March 31, 2013. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various funds. The appropriation of $22,000 is needed for Animal Control Services. A mid -year reduction savings was taken but is needed to pay for operational services for the current year contract agreement. The transfer of $39,000 is needed in the Public Works department to purchase the necessary traffic equipment to repair, replace and upgrade certain emergency preemption equipment at several intersections. The additional transfer of $130,000 is needed for additional tree trimming, removal and maintenance of city maintained slopes to minimize and reduce potential hazards due to falling trees, limbs, branches and debris. FISCAL IMPACT: General Fund balances will be decreased by $22,000. ATTACHMENTS: 1. Combining Balance Sheet as of March 31, 2013 2. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the Nine Months Ended March 31, 2013 3. Combining Statement of Net Assets as of March 31, 2013 4. Combining Statement of Revenues, Expenses and Changes in Net Assets for the Nine Months Ended March 31, 2013 5. Statement of Net Assets - Fiduciary Fund as of March 31, 2013 6. Statement of Changes in Fiduciary Net Assets for the Nine Months Ended March 31, 2013 CITY OF TEMECULA COMBINING BALANCE SHEET as of March 31, 2013 Energy General Gas Tax DIF Fees Recovery Efficiency Fund Fund Fund JAG Fund Conserv. Grant Business Incubator Resource CDBG Fund ASSETS: Cash and Investments $ 28,945,099 $ - $ 4,461,816 $ - $ - $ 133,100 $ - Receivables 6,989,756 348,618 9,945 1,864 3,301 188 225,089 Due from Other Funds 431,522 - - - - - Advances to SARDA - - - - - Deposits 62,532 Inventory 3,058 Land Held for Resale - TOTAL ASSETS $ 36,431,967 $ 348,618 $ 4,471,761 $ 1,864 $ 3,301 $ 133,288 $ 225,089 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ - $ 348,618 $ - $ 1,864 $ 3,301 $ - $ 223,909 Other Current Liabilities 11,338,310 - 17,659 - - 1,982 1,180 Deferred Revenue 3,510,193 - TOTAL LIABILITIES 14,848,503 348,618 17,659 1,864 3,301 1,982 225,089 FUND BALANCES: Nonspendable: Advances to SARDA - - - Deposits 62,532 - Inventory 3,058 Land Held for Resale - Notes and Loans Prepaid Costs - - - Restricted For: Community Development Projects Capital Projects - - 4,454,102 - Debt Service - - - Business Incubator Project - - - - 131,306 Parks and Recreation Public Works Committed To: Contractual Obligation- Encumbrances bligation- Encumbrances 1,210,394 - - Economic Uncertainty 11,593,973 Assigned To: Capital Projects 2,583,088 - Comprehensive Annual Leave 1,495,548 - - Information Technology Software 500,000 Theater Reconstruction 2,879,175 Unrealized Gains 602,640 Unassigned 653,056 - - TOTAL FUND BALANCES 21,583,464 4,454,102 131,306 TOTAL LIABILITIES and FUND BALANCES $ 36,431,967 $ 348,618 $ 4,471,761 $ 1,864 $ 3,301 $ 133,288 $ 225,089 NOTE: Balances are unaudited 1 CITY OF TEMECULA COMBINING BALANCE SHEET as of March 31, 2013 AB2766 SLESF Measure A Fund Fund Fund Capital Project City Housing Fund Financing Lease 2001 and 2008 COPS Fund TOTAL ASSETS: Cash and Investments $ 306,016 $ $ 5,239,613 $ 10,412,979 $ 4,752,843 $ $ 54,251,466 Receivables 563 - 179,214 393,546 18,623,624 26,775,708 Due from Other Funds - 146,271 - 577,793 Advances to SARDA 5,250,954 5,250,954 Deposits - - 62,532 Inventory - - - 3,058 Land Held for Resale 4,400,388 4,400,388 TOTAL ASSETS $ 306,579 $ - $ 5,418,827 $ 10,952,796 $ 33,027,809 $ $ 91,321,899 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ - $ - $ - $ - $ - $ $ 577,692 Other Current Liabilities 2,298,052 4,887,079 18,544,262 Deferred Revenue - - - 18,112,001 21,622,194 TOTAL LIABILITIES - 2,298,052 22,999,080 40,744,148 FUND BALANCES: Nonspendable: Advances to SARDA - - 5,250,954 5,250,954 Deposits - - - 62,532 Inventory - 3,058 Land held for resale - - 4,400,388 4,400,388 Notes and Loans - - 347,700 347,700 Prepaid Costs - - Restricted For: Community Development Projects 29,687 29,687 Capital Projects 306,579 - 5,418,827 - - 10,179,508 Debt Service - - - - Business Incubator Project 131,306 Parks and Recreation - - - - - Public Works - - - - - Committed To: Contractual Obligation - Encumbrances - - - 1,210,394 Economic Uncertainty - - - 11,593,973 Assigned To: Capital Projects - 8,654,744 - 11,237,832 Comprehensive Annual Leave - - 1,495,548 Secondary Reserves 500,000 Theater Reconstruction - - 2,879,175 Unrealized Gains - - 602,640 Unassigned 653,056 TOTAL FUND BALANCES 306,579 5,418,827 8,654,744 10,028,729 50,577,751 TOTAL LIABILITIES and FUND BALANCES $ 306,579 $ - $ 5,418,827 $ 10,952,796 $ 33,027,809 $ - $ 91,321,899 NOTE: Balances are unaudited 2 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Nine Months Ended March 31, 2013 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Sales Tax - State $ 21,567,203 $ 13,494,648 63% (1) Sales Tax - Triple Flip 6,849,041 3,550,863 52% (2) Franchise Fees 3,557,570 2,329,876 65% (3) Motor Vehicle In Lieu - State 53,840 53,840 100% Motor Vehicle In Lieu - Triple Flip 5,991,022 2,995,511 50% (2) Property Tax 4,960,857 3,422,887 69% (2) Property Tax Relief (Homeowner) 78,015 64,338 82% Property Transfer Tax 551,754 482,228 87% (4) Transient Occupancy Tax 2,544,372 1,801,089 71% Vehicle Code Fines 599,560 474,449 79% Development Services: Building & Safety 1,687,114 1,257,122 75% Fire 732,327 654,160 89% (5) Land Development 611,318 948,716 155% (6) Planning 927,804 456,588 49% (7) Public Works - NPDES 6,696 3,067 46% Park Maintenance 1,908,692 962,612 50% (2) Police 506,842 346,513 68% Advertising 54,270 37,140 68% Bids and Proposals 10,350 5,550 54% Business Licenses 300,000 271,415 90% (8) GASB 31 Fair Market Value on Investment (120,000) (111,978) 93% Investment 130,000 113,608 87% Lease/Rentallncome 81,072 61,323 76% Miscellaneous 8,000 27,817 348% Operating Transfers In State Gas Tax 2,935,672 2,102,522 72% SLESF 165,775 0% (9) Reimbursements: Grants 16,301 Financing 119,000 104,250 88% (10) CIP 2,228,358 1,467,125 66% Other 91,639 216,026 236% (11) TOTAL REVENUES $ 59,138,163 $ 37,609,606 64% NOTES: (1) All receipts for the quarter ending March 31, 2013 are expected to be received no later than June 30, 2013. (2) Property taxes and "triple flip" revenues are scheduled to be received in January and May of this Fiscal Year. (3) The variance is due to Time Warner franchise fees, which are expected to be received by May 31, 2013. (4) The variance is due to higher than anticipated ownership transfers and property values during this Fiscal Year. (5) The variance is due to higher than anticipated tenant improvements for sprinkler and alarm systems. (6) The variance is due to fees received for the Hospital, Campanula Apartments, Belle Maison, Lennar Homes projects which occurred earlier than anticipated. (7) The variance is due to anticipated development projects have been delayed in submitting their project applications. (8) The variance is due to the annual business license renewal process completed in April 2013. (9) Supplemental Law Enforcement Services Fund (SLESF) revenues are not expected until June 2013. (10) The variance is due to administration reimbursements received related to the bond refinancing of three community facility districts. (11) The variance is due to Energy rebates received during this Fiscal Year to be used for future Asset Management. 3 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Nine Months Ended March 31, 2013 Annual Amended Budget EXPENDITURES: Year -to -Date Activity Year -to -Date Encumbrances Activity and Encumbrances Percentage of Budget City Council $ 442,676 $ 310,851 $ 12,800 $ 323,651 73% Community Support 87,500 70,275 - 70,275 80% City Manager 1,664,133 1,261,508 23,279 1,284,787 77% Economic Development 976,648 633,495 60,724 694,219 71% City Clerk 1,027,900 731,269 13,343 744,612 72% City Attorney 791,300 661,645 - 661,645 84% Strategic Budgeting Operations 1,007,760 641,188 19,556 660,744 66% Finance 1,306,899 922,584 3,909 926,493 71% Support Services 339,933 231,410 362 231,772 68% Human Resources 486,646 307,514 16,180 323,694 67% Planning 1,736,580 1,156,994 52,143 1,209,137 70% Building & Safety 2,017,886 1,347,142 41,570 1,388,712 69% Land Development 1,137,241 802,086 5,116 807,202 71% Public Works 5,555,037 3,663,022 308,071 3,971,093 71% CIPAdministration 2,228,358 1,559,820 3,028 1,562,848 70% Parks Maintenance 3,874,062 2,505,439 436,747 2,942,186 76% Police 22,330,045 16,539,749 127,393 16,667,142 75% Fire 4,790,394 3,472,035 46,101 3,518,136 73% Animal Control 443,000 357,390 40,072 397,462 90% (1) Non -Departmental 4,442,868 3,270,669 3,270,669 74% TOTAL EXPENDITURES (excluding transfers) 56,686,866 40,446,085 1,210,394 41,656,479 Revenues Over/(Under) Expenditures 2,451,297 (2,836,479) Other Financing Sources (Uses): Transfers Out (5,834,731) (5,300,932) Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (3,383,434) (8,137,411) Beginning Fund Balance as of 7/01/2012 29,720,875 29,720,875 Ending Fund Balance as of 3/31/2013 NOTES: $ 26,337,441 $ 21,583,464 (1) The valiance is due to encumbrances that are recorded for the entire Fiscal Year. 4 73% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: Section 2103 - 2107 Investment Interest GAS TAX FUND for the Nine Months Ended March 31, 2013 Annual Amended Budget $ 2,641,080 3,400 TOTAL REVENUES 2,644,480 Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 NOTES: Total Percentage of Activity Budget $ 1,757,778 67% (1) 3,395 100% 1,761,173 67% (3,005,672) (2,165,163) 72% (361,192) (403,990) 403,990 403,990 $ 42,798 $ (1) March revenues are expected to be received by the end of May 2013. 5 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FUND for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: Total Percentage of Activity Budget Open Space $ 311,861 $ 298,031 96% Investment Interest - 31,886 0% Quimby 293,859 102,254 35% Street Improvements 1,742,532 542,917 31% Traffic Signals 251,394 100,197 40% Parks 1,021,879 789,212 77% Corporate Facilities 139,358 154,254 111% Fire Protection 189,554 156,358 82% Library 227,197 278,522 123% Public Art 12,996 37,844 291% Police 226,367 187,577 83% TOTAL REVENUES 4,416,997 2,679,052 61% (1) Other Financing Sources (uses): Transfers Out (10,133,329) (3,941,282) 39% (2) Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 (5,716,332) (1,262,230) 5,716,332 5,716,332 $ $ 4,454,102 NOTES: (1) The variance in revenues is due to the timing of developers pulling permits. (2) Transfers for Capital Improvement Projects budgeted with this fund are completed when payment are made to vendors and as needed. The projects will be carry forward to Fiscal Year 2013-14. 6 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL RECOVERY ACT JAG FUNDING for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: Total Percentage Activity of Budget Grant Revenue $ 4,375 $ 4,375 100% (1) TOTAL REVENUES 4,375 4,375 100% EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 4,375 4,375 100% (1) 4,375 4,375 100% NOTES: (1) Revenues are based on reimbursements for qualifying grant project expenditures. 7 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ENERGY EFFICIENCY CONSERVATION GRANT for the Nine Months Ended March 31, 2013 Annual Amended Budget Total Percentage Activity of Budget REVENUES: Grant Revenue $ 290,604 $ 144,796 50% (1) TOTAL REVENUES 290,604 144,796 50% EXPENDITURES: Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 (290,604) (144,796) 50% (2) $ - $ NOTES: (1) Revenues are based on reimbursements for qualifying grant project expenditures. (2) The variance is due to construction bid for the Traffic Safety Bridge Light Retrofit project was much lower than anticipated. The Notice of Completion for this project was approved and accepted by CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUSINESS INCUBATOR RESOURCE for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: YTD Activity Encumbrances Total Percentage Activity of Budget Rental Income $ 16,850 $ 4,581 $ - $ 4,581 27% (1) Transfer In 150,000 150,000 $ 150,000 100% (2) Investment Interest 400 615 $ 615 154% TOTAL REVENUES 167,250 155,196 - 155,196 93% EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 65,000 23,890 7,551 31,441 65,000 23,890 7,551 31,441 102,250 131,306 $ 102,250 $ 131,306 37% 48% (1) NOTES: (1) The Business Incubator Resource opening day was on November 3, 2012. Rental Income and operating expenditures activities are expected by the end of this Fiscal Year. (2) The variance is due to the timing of the transfers for the Incubator resource center. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the Nine Months Ended March 31, 2013 REVENUES: Grant Revenue TOTAL REVENUES EXPENDITURES: Salaries and Wages Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 Annual Amended Budget YTD Activity Encumbrances Total Activity Percentage of Budget $ 1,553,854 $ 219,765 $ $ 219,765 14% (1) 1,553,854 219,765 - 219,765 14% 86,454 61,550 61,550 71% 67,400 17,791 49,606 67,397 100% (2) 153,854 79,341 49,606 128,947 52% 1,400,000 140,424 (1,400,000) (140,424) 10% (3) $ - $ NOTES: (1) The Five-year consolidated Plan and Annual Action Plan was approved and adopted by Council. Revenues are based on reimbursements as expenditures are incurred. (2) The variance is due to sub recipient encumbrances that are recorded for the entire Fiscal Year. (3) Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Temecula Community Center Renovation Project was approved by City Council on April 23, 2013. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: AB 2766 Investment Interest TOTAL REVENUES AB 2766 FUND for the Nine Months Ended March 31, 2013 Annual Amended YTD Activity Encumbrances Budget Total Percentage of Activity Budget $ 124,191 $ 59,691 $ $ 59,691 48% (1) 1,500 1,695 1,695 113% 125,691 61,386 61,386 49% EXPENDITURES: Other Outside Services 36,788 21,751 5,036 26,787 TOTAL EXPENDITURES 36,788 21,751 5,036 26,787 Revenues Over/(Under) Expenditures 88,903 39,635 73% 73% Other Financing Sources (uses): Transfers Out (159,413) 0% (2) Revenues Over/(Under) Other Financing Sources (uses) (70,510) 39,635 Beginning Fund Balance as of 7/01/2012 266,944 266,944 Ending Fund Balance as of 3/31/2013 $ 196,434 $ 306,579 NOTES: (1) The Third quarter revenue allocation for Air Quality is not expected until the end of May 2013. (2) The alignment study for the Santa Gertrudis Creek Pedestrian Bicycle Trail Extension and Interconnect has been completed. The consultant is working on plans, specifications and estimate. This project will be carry over to Fiscal Year 2013-14. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the Nine Months Ended March 31, 2013 Annual Amended Budget Total Percentage of Activity Budget REVENUES: AB 3229 - COPS $ 165,775 $ 3,616 2% (1) TOTAL REVENUES 165,775 3,616 2% Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 $ $ - NOTES: (1) Revenues from the County of Riverside are not expected to be received until June 2013. (165,775) (3,616) 2% (1) 12 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A for the Nine Months Ended March 31, 2013 REVENUES: Investment Interest Measure "A" TOTAL REVENUES EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 Annual Amended Budget YTD Activity Encumbrances Total Percentage Activity of Budget $ 32,000 $ 33,520 $ - $ 33,520 105% 2,420,905 1,610,538 1,610,538 67% (1) 2,452,905 1,644,058 - 1,644,058 67% 1,485,222 1,485,222 313,422 25,821 313,422 25,821 967,683 1,330,636 (5,475,580) (1,667,801) (4,507,897) (337,165) 5,755,992 5,755,992 $ 1,248,095 $ 5,418,827 339,243 23% (2) 339,243 23% NOTES: (1) March 2013 Measure "A" revenues are expected by end of May 2013. (2) The variance is due to several Citywide slurry seal, concrete repairs and maintenance that have not yet been awarded and approved during this quarter. 13 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the Nine Months Ended March 31, 2013 Account N umber REVENUE: Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity Percentage of Budget OperatingTransfers ln $ 47,047,738 $ 12,525,484 $ - $ 12,525,484 27% Grants 6,561,960 59,951 59,951 1% Reimbursements 173,808 174,686 - 174,686 101% Reimbursements - TUMF 35,617,719 7,651,672 7,651,672 21% Investment Interest - 38,741 - 38,741 0% TOTAL REVENUE 89,401,225 20,450,534 20,450,534 23% (1) EXPENDITURES: Open Space Acquisition Program Old Town Police Storefront Pechanga Parkway Environmental 165-509 510,863 265,000 - 265,000 52% 165-513 35,207 35,207 35,207 100% Mitigation 165-516 571,619 116,283 41,517 157,800 28% Traffic Safety Bridge Light Retrofit 165-520 281,373 174,677 174,677 62% Murrieta Creek Bridge / Overland Drive Extension to Diaz Road 165-602 6,111,133 1,639,330 87,651 1,726,981 28% Abbott Corporation Roadway Improvements 165-620 750,000 - - 0% Medians and Parkway Citywide 165-622 258,459 0% Old Town Infrastructure Projects - Civic Center 165-643 5,775 800 800 14% Old Town Infrastructure - Parking Structure, Office and Retail 165-644 32,271 28,721 28,721 89% Pavement Rehabilitation Program - Citywide 165-655 8,435,816 3,648,813 2,482,742 6,131,555 73% Western Bypass Bridge Over Murrieta Creek 165-660 108,277 22,801 29,134 51,935 48% Interstate -15 / State Route 79 South Ultimate Interchange 165-662 5,488,430 321,903 102,771 424,674 8% Flashing Beacons & Speed Advisory Signs 165-670 44,095 10,961 1,215 12,176 28% Temecula City Entry Monumentation 165-671 150,000 - - 0% Traffic Signal Equipment Replacement Program -Citywide 165-680 121,769 78,664 13,413 92,077 76% Signals- Rancho Cal Promenade Chardonnay 165-682 217,000 200,000 - 200,000 92% City Facilities Rehabilitation 165-701 500,000 139,210 31,577 170,787 34% Business Incubator Resource Center 165-702 135,000 114,492 10,229 124,721 92% Medians & Ornamental Pedestrian Barriers- Citywide 165-704 15,605 5,505 5,505 35% 14 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Nine Months Ended March 31, 2013 Account N umber Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity EXPENDITURES-contd: Citywide Storm Drain Improvements 165-715 299,114 11,944 8,583 20,527 Corporate Meeting Event Space 165-716 15,000 French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase I 165-719 21,989,071 9,354,363 10,833,944 20,188,307 92% Butterfield Stage Road Extension 165-723 23,046,684 3,794,572 7,706,092 11,500,664 50% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase 11 165-726 13,365,476 4,473,092 6,764,247 11,237,339 84% Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to CHS 165-738 115,000 44,787 14,400 59,187 51% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165-739 271,587 21,318 243,660 264,978 98% Fire Station Roripaugh Ranch Site 165-741 350,035 237,741 2,450 240,191 69% Main Street Bridge Over Murrieta Creek Replacement 165-743 6,754,107 134,115 5,484,377 5,618,492 83% Old Town Civic Center 165-751 236,113 23,152 212,967 236,119 100% TCC Renovation 165-754 1,574,040 218,938 32,763 251,701 16% Theater Remediation 165-756 795,000 212,251 113,071 325,322 41% Old Town Police Store Front Sign 165-758 50,000 7,254 - 7,254 15% Sixth Street Restrooms Renovation 165-760 50,000 1,679 1,679 3% Open Space Santa Margarita Plan 165-762 50,000 5,000 - 5,000 10% Old Town Public Art 190-121 191,900 0% Teen Young Adult Village 190-122 100,000 - - 0% Percentage of Budget 7% 0% Children's Museum Enhancement Project 190-125 114,000 29,733 29,733 26% Flood Control Channel Reconstruction and Repair 190-127 214,159 16,031 16,031 7% Tennis Court Lighting- Great Oak High School 190-128 440,791 44,381 4,866 49,247 11% Inclusive Play Structure at Patricia H Birdsall Sport Park 190-129 839,186 29,850 - 29,850 4% Parks Improvement Program 190-130 300,000 232,556 48,636 281,192 94% Sam Hicks Monument Parks Playground 190-132 158,300 1,074 - 1,074 1% Senior Citizen Outdoor Fitness Lot 190-133 86,600 826 826 1% YMCA Building 190-134 231,843 944 - 944 0% 15 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Nine Months Ended March 31, 2013 Account Number Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity Percentage of Budget EXPENDITURES - cont'd: CRC Energy Management Retrofit 190-152 9,231 2,260 - 2,260 24% Water Slide Replacement CRC Pool 190-156 175 - - - 0% Theater Energy Efficient Lighting 190-159 222,400 81,474 140,581 222,055 100% Old Town Gymnasium 190-186 66,514 - 66,514 66,514 100% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 134,260 13,237 93,353 106,590 79% TOTAL EXPENDITURES 95,843,278 25,714,980 $ 34,650,712 $ 60,365,692 63% (2) Revenues Over/(Under) Expenditures (6,442,053) (5,264,446) Revenues Over/(Under) Expenditures and Other Financing Sources(uses) (6,442,053) (5,264,446) Beginning Fund Balance as of 7/01/2012 13, 919,190 13,919,190 Ending Fund Balance as of 3/31/2013 NOTES: $ 7,477,137 $ 8,654,744 (1) The variance in revenues is primarily due to several funded Capital Improvement projects where reimbursement for eligible expenditures have not yet been made during this Fiscal Year. Transfers will be done as progress payments are made to vendors. (2) The variance in expenditures is primarily due to several major Capital Improvement projects that have not yet started. 16 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITY HOUSING FUND for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: YTD Activity Encumbrances Total Percentage Activity of Budget Property Tax Distribution $ 250,000 $ 125,000 $ - $ 125,000 50% (1) Loan Interest/Forgivable Loans 55,652 55,494 55,494 100% (2) Monitoring Fees 10,032 10,032 10,032 100% (3) Rental Income 161,000 161,000 161,000 100% (3) Bond Proceeds/ Investment Interest 19,000 8,252 8,252 43% Operating Transfers In 150,000 0% (4) TOTAL REVENUES EXPENDITURES: 645,684 359,778 359,778 56% OPERATING EXPENDITURES: Affordable Housing Project 150,000 0% Salaries & Benefits 363,452 264,080 264,080 73% Operating and Administrative Expenditures 261,526 149,000 27,310 176,310 67% TOTAL EXPENDITURES 774,978 413,080 27,310 440,390 57% Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 (129,294) (53,302) 10, 082,031 10,082, 031 $ 9,952,737 $ 10,028,729 NOTES: (1) Property Tax distribution is not expected to be received until January and May of this Fiscal Year. (2) The variance is due to early loan interest payoff received during this quarter. (3) The annual Monitoring fees and rental income are due by April of this Fiscal Year. (4) The variance is due to the timing of the operating transfers during this quarter. 17 REVENUES: Transfer In CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 FINANCING LEASE 2001 and 2008 CERTIFICATES OF PARTICIPATION for the Nine Months Ended March 31, 2013 TOTAL REVENUES EXPENDITURES: Debt Service Principal Debt Service Interest Annual Amended Budget $ 2,136,138 2,136,138 1,153,000 983,138 TOTAL EXPENDITURES 2,136,138 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 3/31/2013 Total Percentage of Activity Budget $ 1,602,339 1,602,339 861,000 741,344 75% 75% 75% 75% 1,602,344 75% (5) 5 5 $ 5 $ 18 CITY OF TEMECULA COMBINING STATEMENT OF NET ASSETS as of March 31, 2013 Insurance Fund ASSETS: Vehicles and Information Equipment Technology Fund Fund Support Facilities Services Fund Fund TOTAL Cash and Investments $ 349,079 $ 1,335,079 $ 1,215,468 $ 451,760 $ 413,042 $ 3,764,428 Receivables 1,211 2,462 6,683 1,550 2,286 14,192 Prepaid Assets 481,708 - - 481,708 Property, Plant, and Equipment (net of accumulated depreciation) 559,708 156,849 51,764 768,321 TOTAL ASSETS LIABILITIES AND NET ASSETS LIABILITIES: Current Liabilities Capital Leases Payable 831,998 1,897,249 1,379,000 505,074 415,328 5,028,649 110,004 23,755 134,234 14,968 96,180 379,141 87,811 - 87,811 TOTAL LIABILITIES NET ASSETS: TOTAL NET ASSETS NOTE: Balances are unaudited 110,004 23,755 134,234 102,779 96,180 466,952 $ 721,994 $ 1,873,494 $ 1,244,766 $ 402,295 $ 319,148 $ 4,561,697 19 CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET ASSETS INTERNAL SERVICE FUNDS for the Nine Months Ended March 31, 2013 Insurance Fund REVENUES: Vehicles and Information Equipment Technology Fund Fund Support Facilities Services Fund Fund TOTAL Investment Interest $ 3,489 $ 7,680 $ 3,722 $ 2,455 $ 1,399 $ 18,745 Charges for Services 564,579 129,640 1,346,980 240,535 892,541 3,174,275 Transfer In 66,256 500,000 - 566,256 TOTAL REVENUES 568,068 203,576 1,850,702 242,990 893,940 3,759,276 EXPENSES: Salaries and Wages 43,307 805,831 115,599 354,378 1,319,115 Operating Expenses 533,091 484,997 52,767 497,679 1,568,534 Interest - - 13,806 - 13,806 Depreciation 124,114 51,980 28,567 204,661 TOTAL EXPENSES Revenues Over/(Under) Expenses 576,398 124,114 1,342,808 210,739 852,057 3,106,116 (8,330) 79,462 Net Assets as of July 01, 2012 730,324 507,894 32,251 1,794,032 736,872 41,883 653,160 370,044 277,265 3,908,537 Net Assets as of March 31, 2013 $ 721,994 $ 1,873,494 $ 1,244,766 $ 402,295 $ 319,148 $ 4,561,697 20 CITY OF TEMECULA STATEMENT OF NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND as of March 31, 2013 CERBT FUND ASSETS: Cash and Investments $ 4,751,399 TOTAL ASSETS 4,751,399 LIABILITIES: Accounts Payable TOTAL LIABILITIES NET ASSETS: 4,751,399 Held in Trust for Retiree Benefits 4,751,399 TOTAL NET ASSETS NOTE: Balances are unaudited 21 $ 4,751,399 CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the Nine Months Ended March 31, 2013 ADDITIONS CONTRIBUTIONS: Employer Investment Earnings CERBT FUND $ 251,966 572,243 TOTAL CONTRIBUTIONS 824,209 DEDUCTIONS: Benefits 251,966 TOTAL DEDUCTIONS 251,966 TOTAL ADDITIONS Net Assets as of 7!1!2012 4,179,156 Net Assets as of 3/31/2013 $ 4,751,399 22 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 11, 2013 SUBJECT: Agreement for Audit Services for the Fiscal Years Ended June 30, 2013, 2014, and 2015 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: 1. Approve a three-year Agreement with Vavrinek, Trine, Day & Co., LLP, Certified Public Accountants, to serve as the City's auditors for the Fiscal Years ended June 30, 2013, 2014, and 2015 for an annual agreement amount of $44,880 each fiscal year for a total agreement amount of $134,640; 2. Authorize the City Manager to approve additional work up to 10% of the amount of the agreement as approved by City Council. BACKGROUND: On March 22, 2011, the City authorized an extension of two years to Lance, Soll & Lunghard, LLP, to serve as the City's auditors under a three-year agreement, ending June 30, 2010, bringing the total years of service to five years. In accordance with best practices, City staff completed a Request for Proposal process in order to ascertain whether the City is receiving market pricing for professional auditing services and to determine who the most qualified firm is in order to best meet the City's needs at this time. The City received seven responses to the Request for Proposal, and City staff interviewed three firms. While Lance, Soll & Lunghard, LLP, has been a valuable resource to the City by providing consistent, professional and reliable financial expertise, City staff believes that a change in auditors is appropriate at this time in order to have an independent review of the City's financial position with a "fresh" perspective. This will ensure the City's financial reporting requirements are accurately being met. City staff recommends Vavrinek, Trine, Day & Co., LLP, Certified Public Accountants, serve as the City's auditors for the next three years. The proposed audit fees have decreased slightly by 2.1 %, bringing the current fee of $45,860 to $44,880. This decrease is primarily due to a reduction in service needs as a result of the dissolution of the redevelopment agencies by the State of California. A breakdown of these fees includes: Engagement Service Fiscal Year Ending June 30, 2013 2014 2015 a. City Financial Statement Audit $38,840 $38,840 $38,840 b. State Controller Report (City) $1,700 $1,700 $1,700 c. Single Audit Report $2,640 $2,640 $2,640 d. GANN Limit $500 $500 $500 f. State Controller Report (TCSD) $1,200 $1,200 $1,200 Total All -Inclusive Price $44,880 $44,880 $44,880 FISCAL IMPACT: Funds for the audit services have been budgeted in the Finance Department proposed Fiscal Year 2013-14 Budget under the consulting services line item. ATTACHMENT: Agreement for Consultant Services with Vavrinek, Trine, Day & Co., LLP AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND VAVRINEK, TRINE, DAY & CO., LLP FINANCIAL AUDIT SERVICES THIS AGREEMENT is made and effective as of June 11, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Vavrinek, Trine, Day & Co., LLP, a Partnership (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 11, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2018. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A & C, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thirty Four Thousand Six Hundred and Forty Dollars and 00/100 ($134, 640.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof. by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. This ownership provision does not apply to Consultant's audit documentation and/or audit working papers. 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. This ownership provision does not apply to Consultant's audit documentation and/or audit working papers. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition. request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: 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: Vavrinek, Trine, Day & Co., LLP Roger Alfaro, Partner 6370 Magnolia Avenue, Suite 330 Riverside, California 92506 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.. In order to comply with the AICPA Clarified Standards and Government Auditing Standards, the City and Consultant agree that an annual engagement letter in the form of Exhibit C will be signed. All of the components of the annual engagement letter are incorporated by reference as an attachment to this Agreement. In the event of a conflict between the Agreement or Scope of Work (Exhibit A), on the one hand, and the terms of the annual engagement letter, on the other, the Agreement and/or Scope of Work shall take precedence 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Vavrinek, Trine, Day & Co., LLP (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Roger Alfaro, Partner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Vavrinek, Trine, Day & Co., LLP Roger Alfaro, Partner P.O. Box 20439, Riverside, CA 92516 (951) 367-3000 (951) 367-3010 ralfaro@vtdcpa.com PM Initials: n Q Date: J/ // EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: CITY OF TEMECULA PROFESSIONAL INDEPENDENT AUDITING SERVICES 11I. SCOPE OF SERVICES City of Temecula - The City of Temecula desires the auditor to express an opinion on the fair presentation of the City's financial statements in conformity with generally accepted accounting principles. The auditor is to provide a report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the general purpose financial statements. The auditor will prepare all financial statements, note disclosures, and supplementary schedules and preparation of the CAFR. The auditor should also be familiar with and be prepared to advise the City Staff on how best to implement both current and proposed GASB statements. Miscellaneous Reports - The City may choose to have the Auditor prepare any or all of the following reports: City State Controller Annual Report and Temecula Community Service District State Controller Annual Report. Management Report - The auditor shall communicate in a letter to management any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organizations ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non - reportable conditions discovered by the auditors shall be reported in a separate letter to management. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts of which they will become aware to the City Manager, City Council and City Attorney. A. Specific Requirements The selected independent auditors will be required to perform the following: 1. Issue an independent opinion on the fair presentation of the City's general purpose financial statements in conformity with generally accepted accounting principles. 2. Prepare a separate Single Audit Report, to include the following: a. Report on compliance and on internal control over financial reporting based on audit of financial statements performed in accordance with government auditing standards. b. Report on compliance with requirements applicable to each major program, internal control over compliance and on the schedule of expenditures of federal awards in accordance with OMB Circular A-133. c. Schedule of Expenditures of Federal Awards (draft prepared by City staff). d. Notes to Schedule of Expenditures of Federal Awards. e. Schedule of Findings and Questioned Costs. f. Any other required schedules or reports. 3. Prepare the Data Collection Form as required by OMB Circular A-133. 4. Issue the "agreed upon procedures" report on the City's Article XIIIB ("Gann Appropriations Limit") calculations. CITY OF TEMECULA PROFESSIONAL INDEPENDENT AUDITING SERVICES 5. Issue a report to the City Council regarding the following: a. The auditor's responsibility under generally accepted auditing standards. b. Significant accounting policies. c. Management judgments and accounting estimates. d. Significant audit adjustments. e. Other information in documents containing audited financial statements. f. Disagreements with management. g. Management consultation with other accountants. h. Major issues discussed with management prior to retention. i. Difficulties encountered in performing the audit. 6. Prepare a management letter to the City Manager containing comments and recommendations regarding the auditor's evaluation of the City's system of internal controls and accounting procedures. 7. Auditors shall be required to make an immediate report to the City Manager and Director of Finance of all indications of irregularities or illegal acts of which they become aware. 8. An entrance conference will be held between key audit team and Finance Department personnel. The purpose of this meeting will be to discuss the scheduling of fieldwork, new accounting or audit procedures that may impact the City, and to provide for the overall planning of the audit engagement. 9. An exit conference will be held between key audit team and Finance Department personnel. The purpose of this meeting will be to discuss the results of the fieldwork and to review significant findings. 10. Auditors shall provide technical assistance as needed in the preparation of the City's Comprehensive Annual Financial Report (CAFR). 11. Auditors shall be available throughout the year to provide general consultation regarding matters of accounting. 12. Auditors shall be available to provide assistance in special projects (at stated hourly rates). B. Background Financial Information For the fiscal year ended June 30, 2012, the total governmental revenues and governmental expenditures for the City were $93,821,597 and $115,126,304, respectively, as reported in the CAFR. The City of Temecula reported the following fund types in its CAFR: Number of Number With Individual Legally Adopted Fund Type/Account Group Funds Annual Budgets General Fund 1 1 Special Revenue Funds 12 12 Debt Service Funds 4 4 Capital Project Funds 5 2 Internal Service Funds 5 0 Agency Funds 1 0 Private Purpose Trust Fund 1 0 CITY OF TEMECULA PROFESSIONAL INDEPENDENT AUDITING SERVICES During the first fiscal year to be audited, the City of Temecula included the following federal financial assistance its fiscal year 2012-13 budget: Program Description Department of Housing and Urban Development-CDBG Programs Department of Transportation -Highway Bridge Program Estimated Amount $ 1,553,854 $ 6,250,510 The City of Temecula is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Boards Statement No. 14. Using this criterion, component units are included in and are to be audited as part of the City's financial statements. The following blended component units and were included in the City's financial statements for the fiscal year ended June 30, 2012: Temecula Redevelopment Agency Temecula Community Services District Temecula Public Financing Authority Industrial Development Authority of the City of Temecula (disclosures only - no financial data) Temecula Housing Authority (disclosures only - no financial data) The following Fiduciary Funds were also included in the City's financial statements for the fiscal year ended June 30, 2012: Agency Fund — Community Facility Districts Private Purpose Trust Fund - C. Time Requirements indicated: Successor Agency Trust for Assets of the Former Redevelopment Area Each of the following should be completed by the auditors no later than the dates 1. Entrance Conference/Interim Audit Work - The entrance conference shall be held no later than the first day of interim audit work. The interim audit work shall be completed no later than June 17th. A clearly defined audit plan and list of all schedules to be prepared by City staff shall be provided no later than June 1th 2. Year End Audit Fieldwork - The City anticipates that the year-end close of its financial records will be completed no later than August 31th. The year-end fieldwork could commence immediately thereafter. Fieldwork shall be completed by September 30th 3. Exit Conference - The exit conference shall be held on or about the final day of fieldwork. 4. Draft of CAFR Statements, Schedules, and Note Disclosures - The auditors will provide a draft to the City by October 31stfor review. 5. Review Draft of CAFR - The City will provide a draft of the CAFR, including Transmittal Letter, Management Discussion and Analysis, and Statistical Section, to the auditors by November 21St. Final review/approval by the auditors of the draft CAFR shall be completed no later than one week of the draft being provided to the auditors. CITY OF TEMECULA PROFESSIONAL INDEPENDENT AUDITING SERVICES 6 Draft Reports - Drafts of the various audit reports and recommendations to management shall be available as outlined below: Report Type Due Date Combined Report - City November 21St Gann Appropriation December 1st Single Audit December 15`h Management Letter December 15th Communication to Financial Oversight Body December 15th D. Working Paper Retention and Access To Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Temecula of the need to extend the retention period. The auditors will be required to make working papers available, upon request, to City staff as well as any third parties authorized by the City (including successor auditors). E. Assistance to be provided to the Auditors 1. Finance Department staff and responsible management personnel will be available during the audit to assist the auditors by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of City staff. 2. The Finance Department and Electronic Data Processing (EDP) personnel will be available to provide systems documentation and explanations. The auditors will be provided computer time and the use of the City of Temecula's computer hardware and software. The auditors will be allowed to analyze and review all subsystems. EDP testing of transactions will need to be coordinated between the City and the auditors. 3. City of Temecula staff will prepare the statements and schedules requested by the auditors at a date mutually agreed upon by both the auditors and City staff. 4. City of Temecula staff will provide the auditor with reasonable work space, desks, and chairs. The auditor will also be provided with access to telephones, photocopying facilities and fax machines. 5. The Auditor will prepare all financial statements, note disclosures, and supplementary schedules, and will be responsible for the preparation of the CAFR. EXHIBIT B Payment Rates and Schedule SEALED DOLLAR COST BID We are firmly committed to providing the City of Temecula with the superior level of professional services that the City expects from its independent auditors. We strive to provide exceptional staff, quality, and value at the lowest possible fees consistent with the expectations of the City. Our rates are competitive, even with our depth of experience and commitment to quality. However, we do not want fees alone to be an obstacle in the City's selection of Vavrinek, Trine, Day & Co., LLP. We would be happy to discuss and negotiate such fee issues and responsibilities with you. A. Cost Proposal (All Inclusive Maximum Price) Proposed Audit Fees Not to Exceed Amounts Description of Services 2012.2013 2013.2014 2014.2015 2015.2016 2016.2017 1. City Financial Statement Audit $ 38,840 $ 38,840 $ 38,840 $ 40,005 $ 41,205 2. City State Controllers (SCO) Annual Report 1,700 1,700 1,700 1,751 1,804 3. Single Audit Report (1) 2,640 2,640 2,640 2,719 2,801 4. GANN Limit 500 500 500 515 530 5. Temecula CSD SCO Report 1,200 1,200 1,200 1,236 1,273 Total for Fiscal Year (not -to -exceed) $ 44,880 $ 44,880 $ 44,880. $ _ 46,226 $ 47,613 1" Assumes one major program 1 SEALED DOLLAR COST BID C. Hourly Rates for Additional Services QUOTED HOURLY RATES OF THE FIRM'S PROFESSIONALS: 2012.2013 2013-2014 2014-2015 2015-2016 2016-2017 Partner $ 220 $ 220 $ 220 $ 227 $ 233 Manager 160 160 160 165 170 Supervisor 120 120 120 ;24 127 Senior 90 90 90 93 95 Staff 80 80 80 82 85 Paraprofessional 60 60 60 62 64 4 EXHIBIT C Engagement Letter Vaurinek, Trine, Day & Co., LLP Certified Public Accountants May 17, 2013 City of Temecula, California VALUE THE DIFFERENCE You have requested that we audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Temecula (the City), as of June 30, 2013, and for the year then ended, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. In addition, we will audit the entity's compliance over major federal award programs for the period ended June 30, 2013. Also, we will perform agreed-upon procedures with respect to the City's calculation of the GANN Limit. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audit will be conducted with the objective of our expressing an opinion on each opinion unit. Accounting principles generally accepted in the United States of America require that certain required supplementary information (RSI), such as management's discussion and analysis (MD&A) be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be audited: 1) Management's Discussion and Analysis Supplementary information other than RSI will accompany the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the foIIowing supplementary information in relation to the financial statements as a whole: 1) Combining and Individual Fund Statements and Schedules 2) Schedule of Expenditures of Federal Awards Schedule of Expenditures of Federal Awards We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole. Mailing Address: P. 0. Box 20439 Riverside, CA 92516 6370 Magnolia Avenue, Suite 330 Riverside, CA 92506 Tel: 951.367.3000 Fax: 951.367.3010 www.vidcpa.com FRESNO • LAGUNA HILLS • PALO ALTO • PLEASANTON • RANCHO CUCAMONGA • RIVERSIDE • SACRAMENTO City of Temecula, California 2013 Engagement Letter May 17, 2013 Page 2 of 6 Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements: 1) Introductory Section 2) Statistical Section In connection with our proposal for audit services, we have also agreed to prepare the State Controller's Report for the City of Temecula. At the option of the City, we may also be engaged to prepare the State Controller's Report for the CDS of the City. Audit of the Financial Statements We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS) and Government Auditing Standards of the Comptroller General of the United States of America; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133. In making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will issue a written report upon completion of our audit of the City's basic financial statements. Our report will be addressed to the governing body of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis - of -matter or other -matter paragraph(s), or withdraw from the engagement. In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. City of Temecula, California 2013 Engagement Letter May 17, 2013 Page 3 of 6 Audit of Major Program Compliance Our audit of the City's major federal award program(s) compliance will be made in accordance with the requirements of the Single Audit Act, as amended; and the provisions of U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations; and will include tests of accounting records, a determination of major programs in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of detennining major federal programs and performing the applicable procedures described in the U.S. Office of Management and Budget Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the entity's major programs. The purpose of those procedures will be to express an opinion on the entity's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to Circular A- 133. Also, as required by Circular A-133, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the entity's major federal award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the entity's major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management's Responsibilities Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements; 3. For safeguarding assets; 4. For identifying all federal awards expended during the period; 5. For identifying and ensuring that the entity complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs; and 6. To provide us with: a. Access to all information of which [management] is aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, and other matters; b. Additional information that we may request from [management] for the purpose of the audit; and c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. City of Temecula, California 2013 Engagement Letter May 17, 2013 Page 4 of 6 With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. In addition, as required by Circular A-133, it is management's responsibility to prepare the schedule of expenditures of federal awards in accordance with Circular A-133 requirements, follow up and take corrective action on reported audit findings from prior periods and to prepare a summary schedule of prior audit findings, and follow up on current year audit findings and prepare a corrective action plan for such findings. Management is also responsible for submitting the reporting package and data collection form to the appropriate parties. Management will also make the auditor aware of any significant vendor relationships where the vendor is responsible for program compliance. You agree that you will confirm your understanding of your responsibilities as defined in this letter to us in your management representation letter. As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit. We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Vavrinek, Trine, Day & Co., LLP has owners that are not licensed as certified public accountants as permitted under Section 5079 of the California Business and Professions Code. It is not anticipated that any of the non- licensee owners will be performing audit services for the City, except in connection with the preparation of the State Controller's Report. Fees and Timing The timing of our audit will be scheduled for performance and completion as follows: Document internal control and preliminary tests Mail confirmations Perform year-end audit procedures (onsite fieldwork to be completed in September) Issue audit reports Be in Comelete June 2013 Jul 2013 Jul 2013 September 2013 October 2013 November 2013 December 2013 City of Temecula, California 2013 Engagement Letter May 17, 2013 Page 5 of 6 Roger Alfaro is the engagement partner for the audit services specified in this letter. His responsibilities include supervising Vavrinek, Trine, Day & Co., LLP's services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. Our fees are based on the amount of time required at various levels of responsibility in accordance with our proposal and as included in Exhibit B of the Agreement. Additionally, the preparation of the State Controller's Report for the Temecula Community Services District is an optional service. Should the City exercise the option, a separate engagement letter will be provided. Invoices will be rendered each month as work progresses and are payable upon presentation. We will notify you immediately of any circumstances we encounter that could significantly affect our fee estimate. Whenever possible, we will attempt to use the City's personnel to assist in the preparation of schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate the timely conclusion of the audit. Other Matters During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. The audit documentation for this engagement is the property of Vavrinek, Trine, Day & Co., LLP and constitutes confidential information. However, we may be requested to make certain audit documentation available to a regulator or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of Vavrinek, Trine, Day & Co., LLP's personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least seven years from the date of our report. Further, we will be available during the year to consult with you on financial management and accounting matters of a routine nature. With respect to any nonattest services we perform, the City's management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities. During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. We agree to retain our audit documentation or work papers for a period of at least seven years from the date of our report. At the conclusion of our audit engagement, we will communicate to the Finance and Audit Committee the following significant findings from the audit: • Our view about the qualitative aspects of the entity's significant accounting practices; • Significant difficulties, if any, encountered during the audit; • Uncorrected misstatements, other than those we believe are trivial, if any; City of Temecula, California 2013 Engagement Letter May 17, 2013 Page 6 of 6 • Disagreements with management, if any; • Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; • Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; • Representations we requested from management; • Management's consultations with other accountants, if any; and • Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. In accordance with the requirements of Government Auditing Standards, we have attached a copy of our latest external peer review report of our firm for your consideration and files. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements compliance over major federal award programs including our respective responsibilities. We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff. Respectfully, Roger Alf ro Vavrinek, rine, Day & Co., LLP RA:gbl 130223 Attachment RESPONSE: This letter correctly sets forth our understanding. City of Temecula Acknowledged and agreed on behalf of City of Temecula By: Title: Date: YAlVAR WATSON V MCGAUGHE.LL RC. DALE M. YANARI (1947-2004) ♦ RANDY S. WATSON • G. LANCE MCGAUGHEY FINANCIAL CONSULTANTS/CERTIFIED PUBLIC ACCOUNTANTS System Review Report May 25, 2012 To the Partners of Vavrinek, Trine, Day & Co., LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Vavrinek, Trine, Day & Co., LLP (the firm) applicable to non -SEC issuers in effect for the year ended December 31, 2011. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and audits of employee benefit plans. In our opinion, the system of quality control for the accounting and auditing practice of Vavrinek, Trine, Day & Co., LLP applicable to non - SEC issuers in effect for the year ended December 31, 2011, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Vavrinek, Trine, Day & Co., LLP has received a peer review rating of pass. *m4 -g.4.4: Watt,. WI' at A G. anari Watson McGaughey 9250 EAST COSTILLA AVENUE, SUITE 450 GREENWOOD VILLAGE, COLORADO 80112-3647 (303) 792-3020 FAx (303) 792-5153 web site: www.ywmcpa.com Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Peter M. Thorson, City Attorney DATE: June 11, 2013 SUBJECT: Approval of Employment Agreement with Aaron Adams RECOMMENDATION: Approve the Employment Agreement for Aaron Adams. BACKGROUND: On May 28, 2013 the City Council appointed Aaron Adams as the City Manager. Council directed the City Attorney to prepare an Employment Agreement for Mr. Adams as the City Manager. The proposed Employment Agreement contains the following terms: 1) Term (Section 3): The term of the Agreement would be four years and one month from June 1, 2013 to June 30, 2017, unless sooner terminated by the City Council. Six months prior to the end of the term, the Council would need to decide whether to extend the Agreement or allow it to expire. 2) Salary (Section 4): Mr. Adams would receive a salary of $192,000 per year for the period of June 1, 2013 to October 31, 2013. This is the same salary Mr. Adams is now receiving as Interim City Manager. Beginning on November 1, 2013, Mr. Adams salary would increase according to the following schedule: Effective Date Annual Salary Monthly Equivalent 6/1/13 — 10/31/13 $192,000.00 $16,000.00 11/1/13 — 4/30/14 $200,000.00 $16,666.67 5/1/14 — 4/30/15 $210,000.00 $17,500.00 5/1/15 — 4/30/16 $215,000.00 $17,916.67 5/1/16 — 6/30/17 $225,000.00 $18,750.00 Mr. Adams would not be entitled to automatic cost of living raises. Any cost of living raise would need to be approved by the City Council at an open meeting of the City Council. Over the course of the term of the Agreement, Mr. Adams as City Manager would be the highest paid employee of the City; however, the City Council would be required to approve any salary adjustment that might be required by this term at an open meeting of the City Council. 3) Benefits (Section 5): Mr. Adams would be entitled to such retirement, insurance and other fringe benefits as are provided in the benefits package for employees in the City's Management Compensation Plan for employees in the Executive Management Group, except as otherwise provided in the Agreement. Such benefits would be subject to the terms and conditions of the applicable plan, policy or other controlling documents and would be paid on the same basis as paid for employees in the Executive Management Group. Future changes in the benefits package, however, would not automatically apply to Mr. Adams. The City Council would be required to approve any such change in benefits for Mr. Adams at an open meeting of the City Council. The only exception to this provision would be the implementation of a state or federal law that requires a change in benefits. Mr. Adams would be entitled to receive a City -paid contribution to an Internal Revenue Code Section 457(b) or 401(a) plan in accordance with the following schedule: Effective Date Annual Employer Contribution Paid 6/1/13 — 6/30/14 $0 $0 7/1/14 — 6/30/15 $0 $0 7/1/15 — 6/30/16 $6,000.00 Prorated Each Pay Period 7/1/16 — 6/30/17 $11,000.00 Prorated Each Pay Period Mr. Adams would not be entitled to the City -paid contribution to an Internal Revenue Code Section 457(b) or 401(a) plan if he resigns or is terminated. Mr. Adams would be entitled to Comprehensive Annual Leave (vacation and sick leave) on the same basis as other employees in the Executive Management Group of the Management Compensation Plan, except that Mr. Adams would be allowed to accumulate a maximum of 800 hours of Comprehensive Annual Leave and would be entitled to cash -out unused accumulated Comprehensive Annual Leave of up to 250 hours per year. Mr. Adams would also be entitled to such paid holidays and leaves as are provided to other employees in the Executive Management Group. 4) Termination and Severance Pay (Section 6): Mr. Adams would be an "at -will employee" serving at the pleasure of the City Council. City Council would be authorized to terminate the proposed Agreement and the employment of Mr. Adams at any time without notice and with or without cause. Termination would require the affirmative votes of three Council Members. In the event Mr. Adams is terminated by the City Council, City shall pay to Mr. Adams a lump sum severance benefit equal to six (6) months of his then -monthly salary (as of the final day of employment), or such time as is remaining on the term of this Agreement, whichever is less. If terminated, City would also provide to Mr. Adams, at no cost to Mr. Adams, health benefits provided the Agreement: (1) for six (6) months; (2) the remaining term of this Agreement; or (3) until Mr. Adams finds other employment, whichever occurs first. Mr. Adams would not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. These severance benefits would not apply if Mr. Adams resigns or if this Agreement expires without a written amendment extending it. City would not be obligated to provide these severance benefits: (1) Mr. Adams is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendre thereto); or (2) Mr. Adams has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. 5) Annual Performance Evaluations (Section 7): The City Council would review Mr. Adams' performance in November 2013 and then every year thereafter in June. 6) Automobile Allowance (Section 8): Mr. Adams would receive a $500 per month automobile allowance. He would be reimburse for mileage at the IRS rate for meetings outside of the City and would be entitled to use a City vehicle for travel in inclement weather, unusual road conditions or when necessary to transport larger groups of individuals. 7) Memberships (Section 9): City would pay for Mr. Adams' memberships in the International City/County Management Association and attendance at meetings of the League of California Cities. 8) General Expenses (Section 10): City would reimburse Mr. Adams for reasonable expenses that are not personal and are affiliated with his job. FISCAL IMPACT: If the proposed Employment Agreement is approved, there would be no increased of salary or insurance benefits for Mr. Adams in the period from June 1, 2013 to October 31, 2013. There after Mr. Adam's salary would increase according to the salary schedule in the Agreement described in Paragraph 2) of this Staff Report with commensurate increases in taxes, retirement, and insurance costs that are based on salary. If Mr. Adams does not take his entire CAL (vacation or sick days) the Agreement could result in the payment to him of 140 hours of accumulated leave over what he is currently entitled to. On July 1, 2015, the City would make a $6,000 contribution to an IRA 457 or 401 plan for Mr. Adams and on July 1, 2016 the City would make an $11,000 contribution to such plan. ATTACHMENT: Employment Agreement for Aaron Adams CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of June 1, 2013, by and between the CITY OF TEMECULA, a California Municipal Corporation ("City"), and Aaron Adams, an individual, ("Employee"). In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. Employee is currently employed by City as its Interim City Manager and previously served City as its Executive Director of Community Services. B. City desires to engage and retain the services of Employee, and Employee desires to accept employment as the regular City Manager of the City of Temecula. C. The City Council desires to encourage the highest standards of fidelity and public service on the part of Employee. D. The Parties desire to provide a reasonable degree of employment security during the term of this Agreement, while providing a just means for terminating Employee's services, should cause exist. E. The parties further desire to establish certain benefits and certain conditions of Employee's employment. 2. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in the Temecula Municipal Code and the California Government Code and to perform such other legally permissible and proper duties and functions as may be assigned from time to time. At the option of City, Employee shall also serve as Executive Director of or a representative to any authority or agency created by or staffed by City. Employee shall not consult or engage in other non -City connected business or consulting without the prior knowledge and express written approval of the City Council; provided however, Employee shall be permitted to instruct, write, teach and lecture on Employee's time off. 3. Term. A. The term of this Agreement shall commence on June 1, 2013 and shall terminate on June 30, 2017, unless sooner terminated as provided in Paragraph 6 of this Agreement. B. The term of this Agreement may be extended by mutual agreement of the parties in a written amendment to this Agreement or by a new written agreement, duly adopted by the City Council. Provided this Agreement is still in force, the City Council shall advise Employee on or before December 31, 2016 if the City Council intends to negotiate an extension of this Agreement. Employee shall remind the City Council during the month of November -1- Error! Unknown document property name. 2016 of the requirement for an indication of its intent. Should the parties decide to negotiate an extension, neither party is required to reach agreement. 4. Salary. A. Effective as of June 1, 2013, City shall pay Employee an annual salary as reflected in the table below. The parties acknowledge that Employee's salary at the inception of this Agreement continues his existing salary without change. The annual salary will be prorated and paid on City's normal paydays, subject to legally permissible or required withholding. Employee's salary is compensation for all hours worked and for all services under this Agreement, including those as an Executive Director or involving any other position, office or appointment associated with the City. Effective Date Annual Salary Monthly Equivalent 6/1/13 — 10/31/13 $192,000.00 $16,000.00 11/1/13 — 4/30/14 $200,000.00 $16,666.67 5/1/14 — 4/30/15 $210,000.00 $17,500.00 5/1/15 — 4/30/16 $215,000.00 $17,916.67 5/1/16 — 6/30/17 $225,000.00 $18,750.00 B. Employee shall not be entitled to cost of living increases in the salary as may otherwise be provided to general or Executive Management Group employees. C. Other provisions of this section notwithstanding and consistent with the City's Classification and Compensation plan, the Employee, as City Manager, shall be the highest paid employee of the City. Any change to the City Manager's salary in order to comply with this provision shall not be effective until adopted by the City Council during an open session of a duly noticed public meeting and included on a publically available pay schedule. Except as mutually agreed, such increase will be retroactive to the date of the increase for the next highest paid employee that required action under this Paragraph C. 5. Hours of Work, Retirement, Insurance, Leaves, and Holidays. A. Employee's duties may involve expenditures of time in excess of eight (8) hours per day, forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council and other meetings. Employee's salary is compensation for all hours worked and Employee shall be exempt from paid overtime compensation. B. Employee shall be entitled to such retirement, insurance and other fringe benefits as are provided in the benefits package for employees in the Executive Management Group, except as otherwise provided in this Agreement. Such fringe benefits shall be subject to the terms and conditions of the applicable plan, policy or other controlling documents and shall -2- Error! Unknown document property name. be paid on the same basis as paid for employees in the Executive Management Group. Except as otherwise required by law or by contract with any benefit provider, changes in such benefits shall not apply to Employee, unless and until so determined by action of the City Council. C. In addition to base salary and other benefits, City shall make an employer contribution as provided in the table below to an Internal Revenue Code section 457(b) or 401(a) plan maintained by City. In the event more than one plan is available, the plan to which contributions are made will be determined by Employee to the maximum extent permitted by law. Employer contributions will be prorated and paid each pay period and will also be prorated for partial years. Employee will not be eligible for employer contributions if he resigns or is terminated prior to the commencement of contributions, as listed below and Employee is not eligible for pro -rated contributions following termination. Effective Date Annual Employer Paid Contribution 6/1/13 — 6/30/14 $0 $0 7/1/14 — 6/30/15 $0 $0 7/1/15 — 6/30/16 $6,000.00 Prorated Each Pay Period 7/1/16 — 6/30/17 $11,000.00 Prorated Each Pay Period D. Employee shall be entitled to Comprehensive Annual Leave on the same terms, conditions, limitations, and restrictions as apply to employees in the Executive Management Group. Contrary terms notwithstanding, Employee's maximum accumulation shall be 800 hours of unused Comprehensive Annual Leave and Employee may cash out accumulated unused Comprehensive Annual Leave of not more than 250 hours annually at the same time as other employees. Once Employee reaches the maximum accumulation limit, Employee will stop earning additional Comprehensive Annual Leave until his balance falls below the limit. E. Employee shall be entitled to such paid holidays and leaves as are provided to employees in the Executive Management Group. F. This Agreement is intended to continue the employment of Employee without interruption. Employee's seniority, employment anniversary date and accumulated leaves shall remain in effect and shall not be terminated or modified by this Agreement notwithstanding the provisions of Paragraph 13.A. of this Agreement. 6. Termination and Resignation. A. Employee is an at -will employee serving at the pleasure of the City Council, subject to the terms of this Agreement. City Council may terminate this Agreement and the employment of Employee at any time without notice and with or without cause. Termination shall require the affirmative votes of three Council Members. -3- Error! Unknown document property name. B. In the event Employee is terminated by the City Council, City shall pay Employee a lump sum severance benefit equal to six (6) months of his then -monthly salary (as of the final day of employment), or such time as is remaining on the term of this Agreement, whichever is less, subject to the provisions of Section 6.C. of this Agreement. City shall also provide to Employee, at no cost to Employee, health benefits provided by Paragraph 5.B. of this Agreement: (1) for six (6) months, (2) the remaining term of this Agreement or (3) until Employee finds other employment, whichever occurs first. Employee shall not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. These severance benefits shall not apply if Employee resigns or if this Agreement expires without a written amendment extending it. C. City shall not be obligated to provide the severance benefits designated in Paragraphs 6.A. and 6.B in the event that: (1) Employee is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendre thereto); or (2) Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. In the event Employee is terminated by City following the filing of felony charge or charges, Employee shall be entitled to such severance benefits commencing at the time a final judgment is rendered or disposition of the charges is made establishing that Employee did not commit the acts for which he was charged unless it is otherwise established that Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. D. Upon termination, separation, or expiration of Employee's employment as City Manager, City shall pay to Employee the lump sum cash equivalent of all of the remaining leaves to which Employee is entitled under this Agreement. E. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing sixty (60) days prior written notice to the City or such shorter period as approved in writing by the City Council. F. Notwithstanding the above, it is also understood and agreed that Employee shall be retained a minimum of six (6) months following any municipal election at which a new councilmember is elected to the Council, thereby allowing the new City Council adequate time to assess the Employee's performance. If Employee is terminated at the end of this six month period following such an election, the provisions of this Section shall apply to such action. G. Any other term of this Agreement notwithstanding, the maximum severance and health benefits that Employee may receive under this Agreement as a result of termination shall not exceed the limitations provided in Government Code §§ 53260-53264. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 — 53243.4. -4- Error! Unknown document property name. 7. Performance Evaluation. A. The City Council shall review and evaluate the performance of Employee approximately six (6) months after commencement of this Agreement (approximately November 2013) and annually thereafter (approximately June 2014 and each year thereafter). Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Said criteria may be added to or deleted from as the City Council may from time to time determine after consultation with Employee. The Mayor shall provide Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for Employee to discuss his evaluation with the City Council. Employee will request and schedule such reviews, as appropriate pursuant to City agenda procedures or as otherwise directed by City Council. Nothing in this paragraph is intended to limit additional interim evaluations or review or to limit the normal communications process between the City Council and Employee. B. Annually, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budget appropriations provided. 8. Automobile. Employee's duties require that he shall have the exclusive and unrestricted use of a vehicle at all times during his employment with the City. In lieu of providing Employee with a City vehicle for his exclusive use, City shall provide an automobile allowance of five hundred dollars ($500.00) each month and shall reimburse Employee for mileage, only for attendance at required meetings outside of City limits, at the mileage rate allowed by the Internal Revenue Service for mileage reimbursement. In the event Employee must travel to meetings in inclement weather, unusual road conditions, or for the transport of larger groups of individuals in the course of his City duties, Employee shall be allowed business related use of a City fleet vehicle. No mileage reimbursement will be granted for Employee's use of City fleet vehicles. 9. Memberships. City agrees to pay Employee's membership dues in the International City/County Management Association and Employee shall have a reasonable right to attend meetings of such Association and of the League of California Cities at City expense. 10. General Expenses. City recognizes that certain extraordinary expenses of a non - personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted according to City's normal procedures, or such other procedure as may be designated by the City Council, and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. To be eligible for reimbursement, all expenses must be submitted by the last day of the month following the month in which they are incurred. -5- Error! Unknown document property name. 11. Bonds. City shall bear the full cost of any fidelity or other bonds required of Employee under any law, City ordinance or resolution by virtue of his employment with the City. 12. Other Terms and Conditions of Employment. The City may, from time to time, fix other terms and conditions of employment relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Temecula Municipal Code, or other applicable law. 13. General Provisions. A. This Agreement contains the entire understanding between the parties relating to the obligations and benefits of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, including all prior employment agreements, are merged into this Agreement and shall be of no further force or effect. No amendments to this Agreement may be made except by a writing signed and dated by City and Employee. B. 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. C. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial, tax and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement. D. Pursuant to Government Code Section 53245, Employee may file with the City a designation of a person who, notwithstanding any other provision of law, shall, on the death of Employee, be entitled to receive all warrants or checks that would have been payable to Employee had he survived. Employee may change the designation from time to time. Any person so designated shall claim such warrants or checks from the City. On sufficient proof of identity, the City shall deliver the warrants or checks to the claimant. A person who receives a warrant or check pursuant to this section is entitled to negotiate it as if he or she were the payee. E. All notices pertaining to this Agreement shall be sent to: EMPLOYEE: CITY: Aaron Adams At the most recent address on file in Employee's personnel file held by City's Human Resources Department City Clerk City of Temecula 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 -6- Error! Unknown document property name. Such notice shall be deemed made when personally delivered, transmitted by facsimile or, when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. F. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. G. To the extent the terms of this Agreement provide for payments or actions beyond the term of the Agreement, then such terms shall survive the expiration of the term of the Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA Michael S. Naggar Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney EMPLOYEE -7- Error! Unknown document property name. Aaron Adams Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Agreement for Consultant Services with Ellison Wilson Advocacy, LLC for State Lobbyist Services PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: Approve a two-year Agreement for state lobbyist services with Ellison Wilson Group, LLC, in an annual amount of $42,000. BACKGROUND: On June 28, 2011, the City Council approved a two-year agreement for state lobbyist services with Ellison Wilson Advocacy, LLC. At this time, based upon Ellison Wilson Advocacy's experience and understanding of State legislative concerns as they relate to the City of Temecula, and distinct influence and knowledge that preserves and represents the City's interests, it is the recommendation of staff that the City Council approve a new agreement for services with Ellison Wilson Advocacy, LLC, for two years in order to allow them to remain committed to lobbying efforts on behalf of the City of Temecula. The fee for lobbyist services will remain unchanged for a total amount not to exceed $42,000 annually for the life of the agreement. FISCAL IMPACT: Appropriate funding has been budgeted within the City Manager Department's Operating Budget in the amount of $42,000 for Fiscal Year 2013-14. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ELLISON WILSON ADVOCACY, LLC FOR CALIFORNIA STATE LOBBYIST SERVICES THIS AGREEMENT is made and effective as of June 11, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ellison Wilson Advocacy, LLC a Limited Liability Company (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 July 1, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag ree me nt. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Two Thousand Dollars and 001100 ($42,000.00) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. 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 riot be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, Taws 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 Consultant 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 Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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 riot 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 riot imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot 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: 14. ASSIGNMENT Ellison Wilson Advocacy, LLC Brooks Ellison, Legislative Advocate 1725 Capitol Avenue Sacramento, CA 95814 The Consultant shall riot assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during hisiher tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ellison Wilson Advocacy, 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: Michael S. Naggar, Mayor Brooks Ellison, Legislative Advocate ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ellison Wilson Advocacy, LLC Brooks Ellison, Legislative Advocate 1725 Capitol Avenue Sacramento, CA 95814 (916) 448-2187 Lobby(a�ellisonwilson.com PM Initials: D 131 Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Consultant shall perform all tasks as outlined in their proposal attached hereto and incorporated herein as though set forth in full. EXHIBIT B Payment Rates and Schedule Consultant will be paid $3,500 per month beginning July 1, 2013 through June 30, 2014. aL LJ BROOKS ELLISON Legislative Advocate Attorney at Law PATRICK WHALEN Legislative Advocate Attorney al Law May 15, 2013 SON WH4 ON ADVOCACY? LLC GOVERNMENTAL AFFAIRS - LEGISLATIVE ADVOCACY 1725 CAPITOL AVENUE SACRAMENTO, CALIFORNIA 95811 916-448-2187 - Fax 916-448-5346 lobby@ellisonwitson.com www.el lisonwi lson,com Aaron Adams Interim City Manager City of Temecula 41000 Main Street Temecula, California 92590 BOB WILSON Attorney at Law Member. California State Senate (ret.) Member, California State Assembly (ret.) KIRK BLACKBURN Legislative Advocate Attorney at Law RE: Contract Extension for Legislative Advocacy & Governmental Affairs Services Dear Aaron, It has been an honor and privilege to represent the City for over 12 years in a variety of capacities — both as legislative advocates for the City at the Capitol defending against costly legislation or proactively passing favorable legislation, as well as in other "governmental affairs" capacities, including assisting in the drafting and securing of grants and providing advice on legal and regulatory matters, amongst others. We agree to a new two year contract on the same terms and conditions as the current contract. We would provide these comprehensive governmental advocacy services for our current fee of $3500 per month. These fees have not changed since 2001, but due to the current economic conditions and our long association, we are willing to agree not to request an increase during the term of the proposed contract. Consistent with our existing contract, below we have included our scope of work: Ellison Wilson Advocacy, LLC (The FIRM) will develop strategies to successfully implement the City of Temecula's (CLIENT) legislative program. The FIRM will actively pursue grants and notify the CLIENT of other related opportunities with the potential to enhance revenues. The FIRM will maintain personal contact with committee chairs, Members and Legislative staff to anticipate legislation that could affect the CLIENT. The FIRM will represent the CLIENT in meetings or hearings with Senate or Assembly Members, the Governor's office, State Agencies, Boards, Commissions and other legislative bodies. The FIRM will research and provide information to the CLIENT on State laws or proposed legislation, legislative hearings, reports and testimony, State regulations and policies, funding 1 opportunities for proposed CLIENT projects and technical memoranda or reports impacting CLIENT operations. The FIRM will aggressively lobby on all issues directed by the CLIENT, including proactively searching for potential legislative vehicles relating to these issues and affecting the outcome of these matters. The FIRM will track all of the CLIENT'S legislation through policy and fiscal committees, on the floor of each house, in conference committee (if any), past enrollment and onto the Governor's desk. The FIRM will give the CLIENT advance notice, to the CLIENT'S satisfaction, of hearings or critical actions relating to those bills or issues in which the CLIENT has expressed an interest The FIRM will deliver letters, as directed by the CLIENT, to appropriate committees and members of the Legislature, as well as to executive departments and/or State officials. The FIRM will provide drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles to carry out the CLIENT'S legislative goals. The FIRM will file, during the term of this Agreement, the quarterly reports of lobbyist/employer with the Secretary of State of State's Office as required by the Fair Political Practices Commission. Please advise if you need anything further in order to finalize the new contract. We look forward to continuing to represent the City of Temecula at the Capitol. 2 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Agreement for Consultant Services with David Turch and Associates for Federal Lobbyist Services PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: Approve a two-year Agreement for federal lobbyist services with David Turch and Associates in an annual amount of $42,000. BACKGROUND: On June 28, 2011, the City Council approved a two-year agreement for federal lobbyist services with David Turch and Associates. At this time, based upon David Turch and Associates' experience and understanding of Federal legislative concerns as they relate to the City of Temecula, and distinct influence and knowledge that preserves and represents the City's interests, it is the recommendation of staff that the City Council approve a new agreement for services with David Turch and Associates for two years in order to allow them to remain committed to lobbying efforts on behalf of the City of Temecula. The fee for lobbyist services will remain unchanged for a total amount not to exceed $42,000 annually for the life of the agreement. FISCAL IMPACT: Appropriate funding has been budgeted within the City Manager Department's Operating Budget in the amount of $42,000 for Fiscal Year 2013-14. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DAVID TURCH AND ASSOCIATES FEDERAL LOBBYIST SERVICES THIS AGREEMENT is made and effective as of June 11, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Turch dba David Turch and Associates, a sole proprietor (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 July 1, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag ree me nt. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Two Thousand and 001100 ($42,000.00) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the District of Columbia 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the District of Columbia, 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does riot imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot 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: 14. ASSIGNMENT David Turch and Associates David Turch 517 2nd Street Northwest Washington DC 20002 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA David Turch 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: Michael S. Naggar, Mayor David Turch, Legislative Advocate ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT David Turch David Turch and Associates 517 2"d Street, Northwest Washington, DC 20002 Marilyn.campbell(a�davidturch.com PM Initials: D q Date: v EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Consultant shall perform all tasks as outlined in their proposal attached hereto and incorporated herein as though set forth in full. EXHIBIT B Payment Rates and Schedule Consultant will be paid $3,500 per month beginning July 1, 2013 through June 30, 2014. EXHIBIT A SCOPE OF WORK CONSULTANT shall perform the following services: • Advise and assist in the development and implementation of a strategic plan that meets the City's federal goals. • Advance the City's legislative interests and provide guidance through the complex federal legislative and regulatory processes. • Promote City programs and interests to the Congress and follow up with Members of Congress and their staffs on City's requests. • Plan, coordinate and execute legislative strategy to secure Congressional authorization and appropriations of funding that may become available. • Notify the City of Federal grant opportunities and troubleshoot with Federal agencies in the administration of grant awards. • Research and provide information and insight to the City on Federal laws or proposed legislation, committee hearings, reports and testimony, votes, and proposed regulations that may affect the City and its operations. • Plan, organize and staff any City lobbying trips to Washington, D.C. Item No. 10 Approvals City Attorney Finance Director City Manager Pi/re-r- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: June 11, 2013 SUBJECT: Voter Approved Measure C Annual Special Tax Levy PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2013-14 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-98, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services Special Tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks, recreational facilities; recreational and human services programs; landscaped median maintenance costs; and energy costs for arterial street lighting and traffic signals. The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bill for Fiscal Year2013-14. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit, $55.83 per multi -family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non- residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. For Fiscal Year 2013-14, the total proposed operating budget for parks; recreational and human services programs; recreational facilities; and landscaped medians is $11,734,929. As per the budget the anticipated revenue based on the assessed rate from all taxable parcels within the City for Fiscal Year 2013-14 is $3,707,597. The difference in operating costs over levy revenue is offset by recreational revenues, user fees, interest income, fund balance, and TCSD funding contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year. As a result, it is recommended that the amounts to be levied for Fiscal Year 2013-2014 shall be the maximum tax rate approved by voters within the following categories: $ 74.44 per single family residential dwelling unit $ 55.83 per multi -family residential dwelling unit $ 148.88 per acre of vacant property in a residential zone $ 297.76 per acre of vacant property in a non-residential zone $ 446.64 per acre of non residential improved property $ 148.88 per acre of golf course property $ 37.22 per acre of agricultural property This will be the eighteenth (18th) consecutive year that the General Fund has contributed to the funding of the parks, programs, facilities, and services provided by the TCSD. To make the City's levy of the special tax consistent with the County's application of ad valorem property taxes and with the City's historical administration of the special tax, City Staff further recommends that the tax rate be set at $0.00 for any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or occupants of the respective residential development in a manner incidental to residential occupancy or (iv) is zoned for use as open space. FISCAL IMPACT: The $3,707,597 in Special Tax revenue will fund park and recreational facilities maintenance, recreational, human services and cultural arts programs throughout the City. ATTACHMENTS: Resolution to Levy the Parks/Lighting Special Tax RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2013-2014 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96- 21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-1998. Section 2. The maximum amount of said special tax for each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83 per multi -family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property and $37.22 per acre for agricultural uses. Section 3. The City of Temecula has experienced a large amount of mixed use (both residential and commercial) development primarily within the Temecula Old Town area. As a result, all mixed use development assessment for the Special Tax will be calculated using the number and type of dwelling units and the per acre charge for non-residential improved property. Section 4. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amount of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 5. The City Council hereby determines that the maximum rates will be required in order to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for Fiscal Year 2013-2014: $ 74.44 per single-family residential dwelling unit $ 55.83 per multi -family residential dwelling unit $148.88 per acre of vacant property in a residential zone $297.76 per acre of vacant property in a non-residential zone $446.64 per acre of non-residential improved property $148.88 per acre of golf course property $ 37.22 per acre of agricultural property Section 6. Notwithstanding Section 5 of this Resolution the tax rate shall be $0.00 for any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or occupants of the respective residential development in a manner incidental to residential occupancy or (iv) is zoned for use as open space. Section 7. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall until paid, constitute a personal obligation of the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 8. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of operating, maintaining and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 9. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 10. The Director of Finance is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2013, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefore. Section 11. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owners' property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 2, 2013, pursuant to procedures established by the City. Section 12. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2013-2014 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 2, 2013, pursuant to the procedures established by the City, in order to be considered under the hardship appeal program. Section 13. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provision of this Resolution are declared to be serverable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 14. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: June 11, 2013 SUBJECT: Fiscal Year 2013-14 Solid Waste and Recycling Fees PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING FEES FOR FISCAL YEAR 2013-14 BACKGROUND: Pursuant to the existing solid waste franchise agreement with CR&R, Incorporated (CR&R), the rates charged for refuse collection and recycling for residential and commercial services within the City of Temecula are subject to annual review and modification, based upon changes in the Consumer Price Index (CPI) and the #2 Diesel Fuel Index, and changes to the Riverside County landfill tipping fees. The modification methodology is outlined in the franchise agreement and is based on the previous year's rate multiplied by the CPI and #2 Diesel Fuel Index. The landfill tipping fee increase or decrease is a pass-through component of the rates. For the FY2013-2014 CR&R rate, the annual average CPI as reported by the U.S. Department of Labor Bureau of Labor Statistics -Los Angeles -Riverside -Orange Counties for All Urban Consumers increased by 2.04%, compared to the annual average CPI in 2012. The annual average #2 Diesel Fuel Index increased by 3.04% compared to the annual average in 2012. The County of Riverside Waste Management Department increased their tipping fee for Fiscal Year 2013-14 by 1.89%. Based on a combination of a CPI, #2 Diesel Fuel Index, and landfill tipping fees, the solid waste rates will increase by approximately 2.1 %, from the current rate of $19.29 to $19.70 per month for residential customers. Commercial rates vary based on the amount of solid waste and frequency of collection but will also increase at an average of 1.9%. Two additional commercial rates are proposed for FY 2013-14. A proposed Food Waste Commercial Cart Rate for a food waste recycling program, and a Commercial Recycling Contamination Rate. In 2012, CR&R, in conjunction with Albertson's Supermarkets, started a pilot food waste recycling program at two stores in Temecula to collect operational data (volumes, material quality, material handling, material storage, routing, cost, etc.) to determine if such a program is feasible on a larger scale with other grocery stores and possibly restaurants. Through this pilot program, CR&R was able to divert 48 tons of food waste from the local landfills. CR&R would like to make this a permanent optional recycling program within the City of Temecula. Establishing the Food Waste Commercial Cart Rate will expand recycling opportunities within the community and help the City achieve greater waste diversion. All food waste would be collected in 60 gallon recycling carts. The proposed Food Waste Commercial Cart Rate is $28.50 per month and is an optional recycling program for businesses interested in reducing their waste stream. The second proposed rate, the Commercial Recycling Bin Contamination Rate, is critically important to ensure recycling bins stay free of regular trash. If a recycling bin is contaminated with wet or other organic waste, it could potentially contaminate the entire load of recyclables, rendering the recyclables un -valuable, in which case the load must be landfilled. In an effort to recover the additional landfill costs for a contaminated load, the rate would apply to a business that have a recycling bin, but continue to use it as a regular trash bin. The proposed, one-time contamination rate of $45.00 would be charged as a last resort, and only if outreach and education efforts are unsuccessful. The attached Exhibit D, from the franchise agreement between the City of Temecula and CR&R Inc., reflects the adjusted FY 2013-14 solid waste and recycling schedule of rates for collection services. If approved by the City Council, the adjusted rates will become effective July 1, 2013. FISCAL IMPACT: Solid waste and recycling services are paid for directly by the customers receiving the services. No additional costs will be incurred by the City of Temecula. ATTACHMENTS: 1. Resolution Exhibit D — Schedule of Rates 2. Consumer Price Index — Bureau of Labor Statistics 3. #2 Diesel Fuel Index — Bureau of Labor Statistics RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING FEES FOR FISCAL YEAR 2013-14 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula (the "City") and CR&R Incorporated (The "Grantee") entered into an exclusive agreement on May 28, 1991 for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City. The franchise agreement is renewed on an annual basis. A. The franchise agreement provides for periodic rate adjustments based on certain predefined criteria, specifically the annual average change in Consumer Price Index ("CPI"), the change in No. 2 Diesel Fuel Index, and changes to the Riverside County landfill tipping fees. B. The franchise agreement further provides that a formula be used to calculate the fee adjustments on an annual basis using the following factors: 1. The annual average CPI for the 2012 calendar year of 2.04% will be used for Fiscal Year 2013-14 rates. 2. The annual average #2 Diesel Fuel Index for the 2012 calendar year of 3.04% will be used for Fiscal Year 2013-14 rates. 3. The County of Riverside Waste Management Department landfill tipping fee of 1.89% will be used for Fiscal Year 2013-14. C. The franchise agreement provides that the solid waste fee adjustments are to be adopted by the City Council by Resolution. Section 2. In January 2012, AB 341 was adopted establishing Mandatory Commercial Recycling for business and multi -family residential dwelling units. Section 3. AB 341 requires the implementation of a program which includes education, outreach and monitoring, and requires the California Department of Conservation and Recycling (CalRecycle) identify strategies and recommendations to achieve a 75% diversion policy goal. Section 4. The City Council of the City of Temecula determines that the adoption of a Food Waste Recycling Program Rate is an effective means of achieving the 75% diversion policy goal of the State. Section 5. The City Council of the City of Temecula determines that the adoption of a Commercial Recycling Contamination Rate is reasonable and necessary for City's Franchise Waste Hauler to recover the associated disposal costs of contaminated recycling Toads. Section 6. That the City Council of the City of Temecula approve the solid waste and recycling fee adjustments as shown in Exhibit D for Fiscal Year 2013-14. Section 7. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2013) 1 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 19.70 2 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: $ 19.70 3 Mechanized single family detached residential additional refuse, and composting container grantee billing Monthly Rate: $ 8.57 4 Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 10.16 5 Commercial. industrial, and multi -family residential refuse monthly bin rates ( one 2 cubic yard bin) with the following pick ups per week: Compacted 2 Cubic Yard monthly rate: 1 x week $ 93.38 2 x week $ 185.90 3 x week $ 278.40 4 x week $ 370.90 5 x week $ 463.41 6 x week $ 555.91 7 x week $ 648.42 2.5 x monthly rate 6 Commercial, industrial, and multi -family residential refuse monthly bin rates (one 3 cubic yard bin ) with the following pick ups per week: Compacted 3 Cubic Yard monthly: 1 x week $ 107.41 2 x week $ 213.95 3 x week $ 320.48 4 x week $ 427.00 5 x week $ 533.53 6 x week $ 640.06 7 x week $ 746.60 2.5 x monthly rate 7 Commercial, industrial, and multi -family residential recycling monthly bin rates ( one 3 cubic yard bin) with the following pick ups per week: 1 x week $ 47.06 2 x week $ 94.13 3 x week $ 141.19 4 x week $ 188.25 5 x week $ 235.30 CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2013) 6 x week $ 282.36 7 x week $ 329.40 8 Commercial, industrial, and multi -family residential refuse monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: Compacted 4 Cubic Yard monthly rate: 1 x week $ 121.48 2 x week $ 242.09 3 x week $ 362.68 4 x week $ 483.29 5 x week $ 603.88 6 x week $ 724.49 7 x week $ 845.11 2.5 x monthly rate 9 Commercial, industrial, and multi -family residential recycling monthly bin rates ( one 4 cubic yard bin) with the following pick ups per week: 1 x week $ 62.30 2 x week $ 124.64 3 x week $ 186.94 4 x week $ 249.27 5 x week $ 311.59 6 x week $ 373.91 7 x week $ 436.21 10 Temporary 3 cubic yard bin rate: $ 94.43 11 Extra Temporary or Regular Service pick up: $ 50.77 per pick up (Includes all bin sizes 2, 3 and 4 yards) 12 Redeliver and reinstatement rate: $ 39.00 per occurrence 13 Roll -off Delivery Fee: $ 68.02 per bin 14 Roll -off disposal rate: $ 220.25 MRF/landfill fee 15 Roll -off recycling rate: $ 220.25 plus market value 16 Roll -off compactor rate: $ 306.66 MRF/landfill fee 17 Roll -off recycling compactor rate: $ 306.66 plus market value 18 Scheduled Extra Green Waste pick up (up to 10 bags): $ 10.00 per pick up CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2013) 19 Non -Scheduled Extra Green Waste pick up (up to 10 bags): $ 25.00 per pick up 20 E -Waste Pick up: no charge 21 "i -lard to service" vehicle usage rate: no charge 22 "Hard to service" bin moving rate: no charge 23 Special bin lids (locking/CBL) rate: no charge 24 Deodorizing / replacing bin rate: no charge 25 65 -gallon Comm Foodwaste Cart $ 28.50 Per month 26 Recycle Bin Contamination $ 45.00 Bureau of Labor Statistics Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUURA421SA0 Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84=100 Years: 2003 to 2013 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2003 185.2 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188.2 187.8 187.1 187.0 187.0 186.7 187.2 2004 188.5 190.1 191.5 191.9 193.3 193.7 193.4 193.1 194.5 196.3 196.9 195.2 193.2 191.5 194.9 2005 195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 205.6 203.9 201.8 199.2 204.5 2006 206.0 207.5 208.5 210.5 212.4 211.1 211.4 211.9 212.9 211.4 211.1 210.6 210.4 209.3 211.6 2007 212.584 214.760 216.500 217.845 218.596 217.273 217.454 217.330 217.697 218.696 219.943 219.373 217.338 216.260 218.416 2008 220.918 221.431 223.606 224.625 226.651 229.033 229.886 228.484 227.449 226.159 222.229 219.620 225.008 224.377 225.638 2009 220.719 221.439 221.376 221.693 222.522 223.906 224.010 224.507 225.226 225.264 224.317 223.643 223.219 221.943 224.495 2010 224.610 224.620 225.483 225.916 226.438 225.877 225.991 226.373 226.048 226.794 225.941 226.639 225.894 225.491 226.298 2011 228.652 229.729 232.241 233.319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.567 231.928 231.606 232.251 2012 233.441 234.537 236.941 236.866 237.032 236.025 235.776 237.222 238.104 240.111 237.675 236.042 236.648 235.807 237.488 2013 238.015 239.753 239.995 239.043 R:\Agenda Manager SIREICity Council Items1201310611131Solid Waste and Recyling Fees\CPI - 2013CPI - 2013 Bureau of Labor Statistics Producer Price Index -Commodities Original Data Value Series Id: W P U057303 Not Seasonally Adjusted Group: Fuels and related products and power Item: No. 2 diesel fuel Base Date: 198200 Years: 2003 to 2013 Year Jan Feb Mar A r May Jun Jul Aug Sep Oct Nov Dec Annual 2003 97.6 123.8 129.4 102.3 87.9 89.8 92.7 96.6 91.1 101.1 95.9 98.1 100.5 2004 109.3 103.7 109.7 119.9 121.0 114.2 123.0 135.1 140.9 166.6 159.7 135.3 128.2 2005 141.1 149.5 173.3 175.4 170.8 187.2 189.8 200.6 212.6 264.1 206.2 198.5 189.1 2006 197.1 196.2 206.5 230.4 239.6 246.9 237.5 250.2 201.3 197.5 197.2 203.0 216.9 2007 180.9 193.5 220.2 238.0 226.5 227.6 243.5 231.2 246.2 249.6 296.7 271.9 235.5 2008 278.2 287.5 353.7 365.1 398.2 421.0 431.9 346.7 342.3 281.8 224.1 168.0 324.9 2009 161.6 147.2 139.2 167.4 166.4 191.1 172.8 204.1 193.2 202.8 215.7 205.1 180.6 2010 229.4 206.9 225.5 240.0 235.8 221.8 218.5 231.1 227.7 243.7 255.3 259.2 232.9 2011 270.0 289.3 321.8 339.8 328.4 333.7 327.8 307.3 317.8 310.6 337.1 311.0 316.2 2012 322.0 329.2 344.3 339.4 325.8 295.4 298.7 324.1 342.4 351.0 323.8 317.4 326.1 2013 318.8 341.7 321.2 319.0 R:\Agenda Manager SIRE\City Council Items\2013\061113\Solid Waste and Recyling Fees\Diesel Fuel Index - 2013Diesel Fuel Index - 2013 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: June 11, 2013 SUBJECT: Second Amendment to Agreement for Building Plan Review Services for Fiscal Year 2012-13 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: Approve a Second Amendment to the Agreement for Building Plan Review Services with Esgil in the amount of $24,000. BACKGROUND: The City of Temecula Building and Safety Division has utilized outside plan review consulting services since inception to assist with the level of plan review services required. Plan review services include accurate code interpretation, review of construction plans for all applicable code disciplines, and identification of areas of noncompliance. On July 1, 2012, the City entered into an agreement titled "Plan Review Services" in the amount of $50,000. On February 26, 2013 the City entered into a First Amendment to increase that amount by $25,000 for additional Plan Review Services. Due to the increased volume of new construction, the City now desires to enter into a Second Amendment to increase that amount by an additional $24,000 for a total Agreement amount of $99,000. FISCAL IMPACT: Sufficient funds have been budgeted in the Building and Safety's 2012-13 Budget line item 001.162.999.5248, Consulting Services. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule. ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION PLAN REVIEW SERVICES THIS SECOND AMENDMENT is made and entered into as of June 11, 2013 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Esgil, 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 July 1, 2012, the City and Consultant entered into that certain Agreement entitled "Agreement for Plan Review Services", in the amount of $50,000. b. On February 26, 2013, the City and Consultant entered into the First Amendment Number to that certain Agreement entitled "Agreement for Plan Review Services," to increase the payment in the amount of $25,000. c. The parties now desire to increase the payment in the amount of $24,000, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Twenty -Four Thousand Dollars ($24,000), for additional Plan Review Services for a total Agreement amount of Ninety -Nine Thousand Dollars ($99,000). 3. 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 Esgil Corporation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Kurt Culver, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chuck Mendenhall, Vice President Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr., Suite 208 San Diego, CA 92123 858-560-1468 Phone 858-560-1576 Fax Esgil Corporation 2 PM Initials: D Date: // Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Approval of the Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs for Fiscal Year 2013-14, PW 13-05 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: Approve the specifications, and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs for Fiscal Year 2013-14, PW 13- 05. BACKGROUND: The Citywide Concrete Repairs is an annual project that repairs various concrete facilities maintained by the City. The Department of Public Works Maintenance Division has surveyed the City and compiled a list of existing improvements in need of repair. Under this project, damaged curb and gutter, sidewalk, driveway approaches, under sidewalk drains, and ADA ramps at various locations will be removed and replaced. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways, streets and gutters are Class 1 activities, which is exempt from CEQA. Project specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. FISCAL IMPACT: The Engineer's Construction Estimate for the project is $140,000. Adequate funds are available in the Department of Public Works Maintenance Division Fiscal Year 2013-2014 budget for routine street maintenance. ATTACHMENTS: Citywide Concrete Repairs List City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) Area 1 40090 Holden Circle Sidewalk R & R Sidewalk 27 6 162.00 40170 Holden Circle Sidewalk R & R Sidewalk 15 6 90.00 39333 Springtime Sidewalk R & R Sidewalk 12 6 72.00 39313 Springtime Sidewalk R & R Sidewalk 13 6 78.00 S/E c/o Springtime @ Rainbow Creek ADA Access Ramp R &RADA Access Ramp 9 10 90.00 39618 Rustic Glen (by catch basin) Curb & Gutter R & R Curb & Gutter 10 10.00 W/B Vail Ranch Parkway 100' before Johnson Drive Sidewalk R & R Sidewalk 5 6 30.00 31088 Lahontan Street Sidewalk R & R Sidewalk 5 6 30.00 29500 Mira Loma Drive Under Sidewalk Drain R & R Undersidewalk Drain 1 1.00 46291 Across from Sharon Street Sidewalk R & R Sidewalk 40 6 240.00 Regina Drive @ Valentino Way N/W Corner Sidewalk R & R Sidewalk 6 8 48.00 Regina Drive @ Valentino Way N/W Corner ADA Access Ramp R & R ADA Access Ramp 12 16 192.00 Across from 33210 Camino Rubano Sidewalk R & R Sidewalk 80 6 480.00 Across from 33230 Camino Rubano Sidewalk R & R Sidewalk 15 6 90.00 r:\cip division \projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF)Ramp Sidewalk or Ramp Panel ADA Access (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) Across from 33250 Camino Rubano Sidewalk R & R Sidewalk 20 6 120.00 E/S Camino Otilla 10' N/0 Calle Alfredo Sidewalk R & R Sidewalk 12 7 84.00 44560 Cayene Trail Sidewalk R & R Sidewalk 12 6 72.00 44560 Cayene Trail Drive Approach R & R Drive Approach 10 6 60.00 Across from 32736 Hislop Way Sidewalk R & R Sidewalk 30 6 180.00 32356 Hupp Drive Sidewalk R & R Sidewalk 15 6 90.00 44870 Corte Sevrina Sidewalk R & R Sidewalk 10 6 60.00 Across from 31586 Loma Linda Sidewalk R & R Sidewalk 45 6 270.00 Across from 31795 Loma Linda Sidewalk R & R Sidewalk 20 6 120.00 SUBTOTALS - AREA 1 10.00 2316.00 282.00 60.00 0.00 0.00 1.00 Area 2 30079 Campo Verde Sidewalk R & R Sidewalk 24 6 144.00 30134 Campo Verde Sidewalk R & R Sidewalk 45 6 270.00 30155 Campo Verde Sidewalk R & R Sidewalk 35 6 210.00 30025 Calle Halcon Sidewalk R & R Sidewalk 10 6 60.00 Across from 28500 Elinda Road Sidewalk R & R Sidewalk 40 6 240.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF)Ramp Sidewalk or Ramp Panel ADA Access (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) 41647 Across from Riesling Court Sidewalk R & R Sidewalk 100 6 600.00 41739 Zinfandel Avenue Sidewalk R & R Sidewalk 12 6 72.00 41598 Chenin Blanc Curb & Gutter R & R Curb & Gutter 12 12.00 31952 Sauvignon Circle Sidewalk R & R Sidewalk 10 6 60.00 31952 Sauvignon Circle Drive Approach R & R Drive Approach 12 6 72.00 31959 Vineyard Avenue Sidewalk R & R Sidewalk 20 6 120.00 Across from 31889 Vineyard Avenue Sidewalk R & R Sidewalk 10 6 60.00 41492 Cour Beaune Sidewalk R & R Sidewalk 12 6 72.00 41476 Cour Beaune Sidewalk R & R Sidewalk 24 6 144.00 Across from 41435 Cour Beaune Sidewalk R & R Sidewalk 40 6 240.00 41291 Rue Jedot Sidewalk R & R Sidewalk 15 6 90.00 41387 Rue Jedot Sidewalk R & R Sidewalk 12 6 72.00 Rancho California Road w/b 200' before Margarita Road Sidewalk R & R Sidewalk 15 5 75.00 W/B Rancho California Road 75' before Moraga Road Curb & Gutter R & R Curb & Gutter 20 20.00 S/E Corner of Rue Jedot @ Cour Meyney Sidewalk R & R Sidewalk 10 6 60.00 Across from 41304 Rue Jedot Sidewalk R & R Sidewalk 10 6 60.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF)Ramp Sidewalk or Ramp Panel ADA Access (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) 31727 Klarer Sidewalk R & R Sidewalk 25 6 150.00 40438 Yardley Court Sidewalk R & R Sidewalk 10 6 60.00 SUBTOTALS - AREA 2 32.00 2859.00 0.00 72.00 0.00 0.00 0.00 Area 3 32036 Calle Novelda Sidewalk R & R Sidewalk 18 6 108.00 Pauba Road 100 feet w/o Camino Merano Sidewalk R & R Sidewalk 10 6 60.00 33305 Via Chapparo Sidewalk R & R Sidewalk 8 6 48.00 33257 Via Chapparo Sidewalk R & R Sidewalk 10 6 60.00 N/W c/o Ynez Road @ Santiago Road Sidewalk R & R Sidewalk 10 6 60.00 Wolf Valley Road across from Camino Olite Sidewalk R & R Sidewalk 5 6 30.00 Camino Rosado @ Corte Carmello Sidewalk R & R Sidewalk 7 6 42.00 N/B Valentino Way 50 feet past Hupa Drive Sidewalk R & R Sidewalk 24 6 144.00 South end of Camino Carmargo Sidewalk R & R Sidewalk 15 6 90.00 Caminito Carmargo 50 feet SIO Aguila Court Sidewalk R & R Sidewalk 30 6 180.00 44698 Corte Gutierrez Drive Approach R & R Drive Approach 10 6 60.00 44698 Corte Gutierrez Sidewalk R & R Sidewalk 10 6 60.00 r:\cip division\projects\pw13\pwl3-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pwl 3 -05 -master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) 33466 Camino Hernandez Sidewalk R & R Sidewalk 6 6 36.00 44715 Calle Banuelos Sidewalk R & R Sidewalk 12 6 72.00 44715 Calle Banuelos Drive Approach R & R Drive Approach 8 6 48.00 44733 Calle Banuelos Sidewalk R & R Sidewalk 30 6 180.00 S/E c/o Chaote Street @ Nighthawk Pass Sidewalk R & R Sidewalk 3 6 18.00 Across from 44314 Nighthawk Pass Sidewalk R & R Sidewalk 20 6 120.00 44332 Nighthawk Pass Sidewalk R & R Sidewalk 10 6 60.00 W/B Channel Street 50 feet past Huntington Circle Sidewalk R & R Sidewalk 10 6 60.00 45002 Corte Zorita Sidewalk R & R Sidewalk 20 6 120.00 S/W c/o Via Alturas @ Pauba Road Sidewalk R & R Sidewalk 6 6 36.00 41375 McCabe Court Sidewalk R & R Sidewalk 30 6 180.00 SIB Madison Avenue 100 feet SIO of McCabe Court Sidewalk R & R Sidewalk 45 6 270.00 SUBTOTALS - AREA 3 0.00 2034.00 0.00 108.00 0.00 0.00 0.00 Area 4 32319 Corte Las Cruces Sidewalk R & R Sidewalk 15 6 90.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF)Ramp Sidewalk or Ramp Panel ADA Access (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) 32353 Corte Las Cruces Sidewalk R & R Sidewalk 20 6 120.00 Across from 32293 Corte Santa Catalina Sidewalk R & R Sidewalk 60 6 360.00 S/W c/o Calle Resaca @ Corte Chatada Sidewalk R & R Sidewalk 28 6 168.00 31913 Camino Marea Sidewalk R & R Sidewalk 10 6 60.00 41834 Camino De La Torre Sidewalk R & R Sidewalk 10 6 60.00 41823 Camino De La Torre Sidewalk R & R Sidewalk 20 6 120.00 41775 Camino De La Torre Sidewalk R & R Sidewalk 12 6 72.00 Across from 41847 Via Vasquez Sidewalk R & R Sidewalk 20 6 120.00 41895 Via Vasquez Sidewalk R & R Sidewalk 6 6 36.00 41827 Corte Lara Sidewalk R & R Sidewalk 24 6 144.00 41803 Corte Lara Sidewalk R & R Sidewalk 24 6 144.00 32373 Corte Palacio Sidewalk R & R Sidewalk 30 6 180.00 42281 Camino Merano Sidewalk R & R Sidewalk 10 6 60.00 32117 Camino Nunez Sidewalk R & R Sidewalk 10 6 60.00 32126 Camino Nunez Sidewalk R & R Sidewalk 10 6 60.00 32199 Camino Nunez Sidewalk R & R Sidewalk 10 6 60.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF)Ramp Sidewalk or Ramp Panel ADA Access (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) 32235 Camino Nunez Sidewalk R & R Sidewalk 25 5 125.00 32156 Calle Resaca Under Sidewalk Drain R & R Undersidewalk Drain 1 1.00 North General Kearny @ Salemor (S/E corner) Sidewalk R & R Sidewalk 12 10 120.00 North General Kearny @ Salemor (S/E corner) ADA Access Ramp R & R ADA Access Ramp 10 15 150.00 29581 North General Kearny Sidewalk R & R Sidewalk 15 6 120.00 29581 North General Kearny Handicap Ramp R mp Handicap 20 8 160.00 SUBTOTALS - AREA 4 0.00 2279.00 310.00 0.00 0.00 0.00 1.00 Area 5 43225 Business Park Drive Sidewalk R & R Sidewalk 36 6 216.00 Across the street from 43218 Business Park Drive Sidewalk R & R Sidewalk 10 6 60.00 Across the street from 43218 Business Park Drive Sidewalk R & R Sidewalk 10 6 60.00 Across the street from 43218 Business Park Drive Sidewalk R & R Sidewalk 30 6 180.00 International Rectifier -Business Park Drive 10' n/o employee entrance Sidewalk R & R Sidewalk 10 6 60.00 International Rectifier -Business Park Drive 100' s/o employee entrance Sidewalk R & R Sidewalk 10 6 60.00 International Rectifier -Business Park Drive 110' s/o employee entrance Sidewalk R & R Sidewalk 10 6 60.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) International Rectifier -Business Park Drive 120' slo employee entrance Sidewalk R & R Sidewalk 15 6 90.00 International Rectifier -Business Park Drive 130' s/o employee entrance Sidewalk R & R Sidewalk 10 6 60.00 International Rectifier -Business Park Drive 140' s/o employee entrance Sidewalk R & R Sidewalk 15 6 90.00 International Rectifier -Business Park Drive 300' s/o employee entrance Sidewalk R & R Sidewalk 10 6 60.00 International Rectifier -Business Park Drive 320' s/o employee entrance Sidewalk R & R Sidewalk 10 6 60.00 International Rectifier -Business Park Drive 400' slo employee entrance Sidewalk R & R Sidewalk 10 6 60.00 50' n/o 41915 Business Park Drive Sidewalk R & R Sidewalk 10 6 60.00 70' n/o 41915 Business Park Drive Sidewalk R & R Sidewalk 10 6 60.00 70' n/o 41915 Business Park Drive Drive Approach R & R Drive Approach 12 6 72.00 Across from 30145 Corte Plata Sidewalk R & R Sidewalk 12 5 60.00 Adian Court @ Milano Road Sidewalk R & R Sidewalk 15 8 120.00 Adian Court @ Milano Road Handicap Ramp Ra A Handicap 15 9 135.00 31658 Via San Carlos Sidewalk R & R Sidewalk 20 6 120.00 Across from 30476 Milano Road Sidewalk R & R Sidewalk 20 6 120.00 4137xx Pine Tree Circle Sidewalk R & R Sidewalk 15 6 90.00 41371 Pine Tree Circle Sidewalk R & R Sidewalk 15 6 90.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF)Ramp Sidewalk or Ramp Panel ADA Access (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) 41247 Pine Tree Circle Sidewalk R & R Sidewalk 15 6 90.00 41253 Pine Tree Circle Sidewalk R & R Sidewalk 15 6 90.00 W/B Congressional Drive 100' w/o Cog Hill Road Sidewalk R & R Sidewalk 15 6 90.00 31407 Britton Circle Sidewalk R & R Sidewalk 18 6 108.00 32218 Placier Belair Sidewalk R & R Sidewalk 20 6 120.00 S/E c/o Harveston Drive @ Pasadena Drive Sidewalk R & R Sidewalk 10 6 60.00 S/S Harveston Drive 100' e/o Lakeview Road Sidewalk R & R Sidewalk 25 6 150.00 S/s Harveston Drive @ Ann Arbor Place Sidewalk R & R Sidewalk 12 6 72.00 39331 Oak Cliff Drive Sidewalk R & R Sidewalk 12 6 72.00 39713 Creative Drive Sidewalk R & R Sidewalk 12 6 72.00 42343 Via Consuelo Sidewalk R & R Sidewalk 6 7 42.00 31238 Enfield Lane Curb & Gutter R & R Curb & Gutter 15 15.00 Margarita Park North Entrance Handicap Ramp Ra P Handicap 10 15 150.00 Meadows Parkway S/B 50' before Pauba Road Sidewalk R & R Sidewalk 10 6 60.00 Meadows Parkway S/B 50' before Pauba Road Sidewalk R & R Sidewalk 12 6 72.00 Meadows Parkway S/B 100' past Rancho Vista Sidewalk R & R Sidewalk 10 6 60.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm City of Temecula Department of Public Work FY 2013-2014 Concrete Repair List Project No. PW13-05 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Cross Gutter (SF) Spandrel (SF) Under Sidewalk Drain (EA) Meadows Parkway S/B 100' past Rancho Vista Sidewalk R & R Sidewalk 10 6 60.00 Pauba Road W/B 500' past Butterfield Stage Road Sidewalk R & R Sidewalk 15 6 90.00 42200 Pujol Street Sidewalk R & R Sidewalk 10 6 60.00 Jefferson Avenue S/B 100' before Rancho California Road Sidewalk R & R Sidewalk 15 6 90.00 E/B Date Street 200' E/o Lakewood Drive Sidewalk R & R Sidewalk 10 6 60.00 E/B Date Street @ Kingwood Road Sidewalk R & R Sidewalk 10 6 60.00 E/B Date Street 50' E/o Kingwood Road Sidewalk R & R Sidewalk 5 6 30.00 E/B Date Street 300' W/o Margarita Road Sidewalk R & R Sidewalk 10 6 60.00 E/B Date Street 250' W/o Margarita Road Sidewalk R & R Sidewalk 10 6 60.00 E/B Date Street 230' W/o Margarita Road Sidewalk R & R Sidewalk 10 6 60.00 S/B Margarita Road 200' S/o Date Street Sidewalk R & R Sidewalk 10 6 60.00 31103 Via Gilberto Sidewalk R & R Sidewalk 20 6 120.00 SUBTOTALS - AREA 5 15.00 3804.00 285.00 72.00 0.00 0.00 0.00 GRAND TOTALS 57.00 13292.00 877.00 312.00 0.00 0.00 2.00 r:\cip division\projects\pw13\pw13-05 citywide concrete repairs fy 2013-14\design files\iv.d.1 estimates\pw13-05-master list of areas and quantities-5-21-13.xlsm Item No. 14 City Attorney Finance Director CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Additional Construction Contingency and Notice of Completion for the Roripaugh Ranch Fire Station, PW03-01 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: 1. Approve an increase of $9,108.25 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc., and increase the administrative approval authority of the City Manager accordingly; 2. Accept the improvements constructed as part of this project as complete; 3. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 4. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The construction contract for this project was originally awarded by the City Council on October 26, 2004. The Fire Station was 90% complete in the spring of 2006, but the lack of mainline utilities, which were required of the adjacent development, rendered the facility unusable. On March 13, 2012, the City Council made an additional appropriation and increased the construction contingency 'to complete the Fire Station, which sat idle since 2006, in conjunction with the completion of the adjacent roadways and utilities undertaken in the first phase of the Roripaugh Ranch street improvements. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from October 25, 2012, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Roripaugh Ranch Fire Station, PW03-01, is identified in the City's Capital Improvement Program for Fiscal Years 2013-17. The project is funded by the Community Facilities District (CFD) for Roripaugh Ranch, Reimbursement from Riverside County, and Development Impact Fees (Fire). The original construction contract amount was $3,298,000. Multiple contract change orders totaling $622,843.25 have or will be issued for a total construction contract amount of $3,917,112.19. An increase contingency of $9,108.25 is necessary to close out this contract, and that amount is available within the existing project fund balance. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Tovey Shultz Construction, Inc., 18261 Collier Avenue Unit A, Lake Elsinore, CA 92530 to perform the following work of improvement: RORIPAUGH RANCH FIRE STATION, PW03-01 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on June 11, 2013. That upon said contract the XL Specialty Insurance Company, 25 Independence Boulevard, Warren, NJ 07059 was surety for the bond given by said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: RORIPAUGH RANCH FIRE STATION, PW03-01 6. The location of said property is: 32131 South Loop Road Temecula, CA 92591 Dated at Temecula, California, this 11th day of June 2013. City of Temecula Susan W. Jones, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of June 2013. City of Temecula Susan W. Jones, MMC, City Clerk Executed in Two Counterparts Bond No. 024051992 Premium: $2,647.00 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW03-01 INSERT TITLE OF WORK HERE KNOW ALL PERSONS BY THESE PRESENT THAT: Tovey / Shultz Construction, Inc. 18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) Liberty Mutual Insurance Company 500 North Brand Boulevard, Suite #500, Glendale, CA 91203 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Three Hundred Ninety Two Thousand Eighty Four DOLLARS and 33/100 CENTS ($ $392,084.33 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 26th day of October , 2004, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PWO3- 01, RORIPAUGH RANCH FIRE STATION. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on , 2013. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 pw03-01 bid docs The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 13th day of May , 2013. (Seal) SURETY By: Liberty Mutual Insurance Company gi:Na ramie) fi William Syrkin, AttorneyJa act (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attomey MAINTENANCE BOND PRINCIPAL By: Tovey / Shultz Construction, Inc. (Title) M-2 pw03-01 bid docs THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6048400 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Corinne Hernandez; Rebecca Haas -Bates; Richard Adair; Sergio Bechara; William Syrkin all of the city of Irvine , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of March , 2013 STATE OF WASHINGTON COUNTY OF KING On this 22nd day of March 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: Gregory . Davenport, Assistant Secretary By: 6b KD Riley , Not Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this SUI day of By: 20 14,,) I David M. Carey, Assistant Secretary LMS 12873 092012 51 of 100 >+ to rn .0 C ea 0 v� >' W d E C L O 0- aM O4 C o f a� 0s.0 r Q) O C O 6 a' >-c2 yQ C9 E w. M c o0 0o0 He— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 05/13/2013 Date before me, personally appeared William Syrkin } A. Wilkison, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) A. WILKISON Commission # 1866283 Notary Public - California Orange County My Comm. Expires Sep 26, 2013 Place Notary Seal Above z z D who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is/aye subscribed to the within instrument and acknowledged to me that he/eke/they executed the same in hisiheWtheir authorized capacity(ies), and that by his/her'4 eif signature(&} on the instrument the person(&-, or the entity upon behalf of which the person(&- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �• Signature Signature of No y Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond No. 024051992 Document Date: 05/13/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Individual 11 Corporate Officer — Title(s): Partner — E Limited Ei General • Attorney in Fact Trustee • Guardian or Conservator • Other: Signer Is Representing: _ Liberty Mutual Insurance Company RIGHT -THUMBPRINT of SIGNER Top of thumb here Number of Pages: Two (2) Signer's Name: Li Individual Corporate Officer — Title(s): Partner — 111 Limited E General _! Attorney in Fact LIJ Trustee Guardian or Conservator H Other: Signer Is Representing: Top of thumb here NV ©2007 National Notary Association• 9350 De Soto Ave.. 90. Box 2402 •Chatsworth, CA 91313-2402• www. NationalNotaryorg Item 45907 Reorrler:Call Toll -Free 1-800-876-6827 State of California County of Riverside ACKNOWLEDGMENT On May 13, 2013 before me, Kelly Roach, Notary Public (insert name and title of the officer) personally appeared Randy Shultz who proved to me on the basis of satisfactory evidence to be the persons}whose namc(s) is/afe subscribed to the within instrument and acknowledged to me that he/3he/they executed the same in his/hcr/thcir authorized capacity(ics), and that by his her/their signaturc(3) on the instrument the personfs}, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,Notary Public (Seal) KELLY ROACH Commission # 1902627 Notary Public - California Riverside County M Comm. Ex . fires Se . 3. 2014 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW03-01 RORIPAUGH RANCH FIRE STATION This is to certify that Tovey Shultz Construction, inc., (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW03-01, Roripaugh Ranch Fire Station, situated in the City of Temecula, State of California, more particularly described as follows: 32131 South Loop Road / Temecula, CA 92591 INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: QDescriiptio�nDollar Amount to Dispute � 4-O-'0v-c1 S' , `kz. C.o C, Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: S - ZZ -- l3 By:./i011101, CO► mow' Print Name a d Title RELEASE R pw03-01 bid docs Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Approval of the Purchase and Sale Agreement and All -Inclusive Settlement Agreement for acquisition of Assessor's Parcel Numbers 922-210-057, 922- 210-058, and 922-210-059 in connection with the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) AND APPROVING THAT CERTAIN AGREEMENT ENTITLED ALL- INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) 2. Accelerate the appropriation and funding in the amount of $629,434 from Fiscal Year 2013-14 to Fiscal Year 2012-13 in the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08; 3. Authorize the Finance Director to issue warrants for the sums of $4,265,615 and $230,819, plus escrow fees for deposit with Escrow Holder Lawyers Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 4. Authorize the Finance Director to issue a warrant in the sum of $1,103,000, plus escrow fees for deposit with the Escrow Holder Old Republic Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 5. Authorize the City Manager to approve and execute any necessary documents, including the Form of Lease Agreement attached as Exhibit "F" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitations, all escrow instructions. BACKGROUND: The City of Temecula and the California Department of Transportation (Caltrans) have worked cooperatively on the proposed Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08 (Proposed Project). The Proposed Project would modify the existing interchange to address operational deficiencies and accommodate anticipated local and regional traffic increases. Improvements include reconfiguration of the southbound ramps, widening of the northbound ramps, and widening of State Route 79 South. Caltrans approved the Proposed Project in 2009. A full acquisition of the subject properties is required to complete the Proposed Project. On May 11, 2012, the City extended a written offer to the property owner, Front St. — Service Station, LP, and began formal negotiations to acquire the subject property. Negotiations concluded with the owner accepting an offer extended by the City on April 26, 2013. The primary monetary terms of the agreements include $4,265,615 (Purchase Price), $230,819 (Additional Consideration), and $1,103,000 (Total Loss of Business Goodwill). The terms of the agreements also provide for the current owner to lease back the subject property at the rate of $16,600 per month under a Triple Net Lease. All monetary terms are based on independent, professional appraisals and studies. FISCAL IMPACT: The Interstate 15/State Route South Ultimate Interchange Project is identified in the City's Capital Improvement Program and is funded with various funding sources. With the acceleration of funds from Fiscal Year 2013-14 to Fiscal Year 2012-13, there will be sufficient funds available within the project account 210-165-662-5700 to cover the cost of the agreements, $5,599,434, plus the estimated escrow fees of $30,000 for a total amount of $5,629,434. The subject agreements are funded by Senate Bill 621. ATTACHMENTS: 1. Resolution No. 13- 2. Purchase and Sale Agreement and Joint Escrow Instructions 3. All -Inclusive Settlement Agreement and General Release 4. Project Description 5. Project Location RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) AND APPROVING THAT CERTAIN AGREEMENT ENTITLED ALL-INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula and the California Department of Transportation (Caltrans) have worked cooperatively on the proposed Interstate 15/State Route 79 South Ultimate Interchange Project — Project Number PW04-08 (Proposed Project). The Proposed Project would modify the existing interchange to address operational deficiencies and accommodate anticipated local and regional traffic increases. Improvements include reconfiguration of the southbound ramps, widening of the northbound ramps, and widening of State Route 79 South. B. In 2009, Caltrans approved the project through approval of the Project Report on October 8, 2009, approval of the Initial Study with Negative Declaration on June 10, 2009 in accordance with the California Environmental Quality Act, and approval of the Categorical Exclusion on June 10, 2009 in accordance with the National Environmental Policy Act. C. The Project Report and Environmental Documents include the real property commonly known as 44987 Old Town Front Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210- 059 (subject property) as impacted by partial acquisition and temporary construction easement. As part of subsequent, design -level evaluation it was determined that the project would necessitate a full acquisition of the subject property due to impacts on the highest and best use of which the subject property is currently operating. D. On May 11, 2012, the City extended a written offer to the property owner, Front St. — Service Station, LP, and began formal negotiations to acquire the subject property. Negotiations concluded with the owner accepting an offer extended by the City on April 26, 2013. The primary monetary terms of the agreements include $4,265,615.00 (Purchase Price), $230,819.00 (Additional Consideration), and $1,103,000.00 (Total Loss of Business Goodwill). The terms of the agreements also provide for the current owner to lease back the subject property at the rate of $16,600.00 per month under a Triple Net Lease. All monetary terms are based on independent, professional appraisals and studies. Section 2. Approval of Purchase and Sale Agreement and AII-Inclusive Settlement Agreement. The City Council of the City of Temecula herby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08)" and that certain agreement entitled "All -Inclusive Settlement Agreement and General Release Between the City of Temecula and Front St. — Service Station, L.P. (Interstate 15/State Route 79 South Ultimate Interchange Project) (Project Number PW04-08)", with such changes in the Agreements as may be mutually agreed upon by Front St. — Service Station, LP and the City Manager as are in substantial conformance with the form of such Agreements on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreements on behalf of the City. A copy of the final Agreements when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Agreement is not an announcement of the City's intent to acquire any other real property interest for the Proposed Project and does not commit the City to acquire any other real property interest for the Proposed Project. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreements, and to administer the City's obligations, responsibilities, and duties to be performed under the said Agreements, including but not limited to, approval and execution on behalf of the City of grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described by the Agreements or as necessary and convenient to implement the Agreements. The City Manager (or his designee) is also hereby authorized on behalf of the City to execute the Lease Agreement Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08), with such changes in the Lease as may be mutually agreed upon by Front St. — Service Station, LP and the City Manager, as are in substantial conformance with the form of the Lease attached as Exhibit "F" to the Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08). Section 3. Environmental Analysis. The environmental effects of the Project and the acquisition of property required for the Project were studied as an integral part of the Negative Declaration adopted for the proposed Project. The analysis covered the properties required for the Project as well as the properties surrounding the Project. The City Council finds that no further environmental review is required pursuant to 14 Cal. Admin. Code §§ 15162 and 15163 of the State CEQA Guidelines Sections because none of the conditions stated therein exist. The configuration of the ramps and components of the Project will not need to be modified as a result of the acquisition of the subject property rather than only a portion of it. The acquisition of the full parcel of the subject property rather than a portion of it is required by Code of Civil Procedure due to the impact on the subject property of a portion of it and was, therefore, contemplated by the environmental analysis of the Project. The City Council further finds that the acquisition of the subject property interests by itself will have no impact on the environment as it is simply the change in ownership of the property adjacent to the Project and no changes in the physical conditions described in 14 Cal. Admin. Code §§ 15162 and 15163 are found to exist. Thus, the City Council determines that pursuant to the provisions of CEQA, and specifically 14 Cal. Admin Code §§ 15162 and 15163, neither a subsequent nor a supplemental Environmental Impact Report is required for the Purchase Agreement. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) This Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08) ("Agreement") is dated and entered into as of , 2013 ("Effective Date") by and between FRONT ST. — SERVICE STATION, LP, a California Limited Partnership ("Seller" or "Front") and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes an agreement to purchase and sell real property between the Parties and the Parties' joint escrow instructions directed to Lawyers Title Company ("Escrow Holder"). The City and Seller are referred to below collectively as the Parties. RECITALS A. Seller is the record fee owner of that certain track of parcels located in the City of Temecula, County of Riverside, California commonly known as 44987 Old Town Front Street, Temecula, California 92590, and identified as Riverside County Assessor's Parcel Numbers 922- 210-057, 922-210-058, and 922-210-059, together with the buildings, structures and improvements pertaining to the realty on these parcels (referred to below collectively as the "Property"). The Property is more particularly described on Exhibit "A" and depicted on Exhibit "B", which exhibits are attached hereto and incorporated herein by this reference. The Property is approximately 1.194 acres in size and is improved with an approximate 2,990 square foot ARCO am/pm service station, including convenience market and an approximate 864 square foot self -serve car wash. The Property has six fuel pumps and 12 fueling positions under a single canopy that measures approximately 3,584 square feet. It has a total of 12 striped parking spaces on asphalt paving. Assessor's Parcel Number 922-210-058, which is approximately 2,629 square feet, is a non-contiguous remnant parcel located on the northwest corner of Temecula Parkway and Old Town Front Street that does not have any contributory value to the service station operated on Assessor's Parcel Numbers 922-210-057 and 922-210-059. B. On May 11, 2012, the City sent to Seller a written offer to purchase the Property in fee pursuant to Government Code section 7267.2 for a public use, namely for the City's Interstate 15 Interchange/State Route 79 South Ultimate Interchange (Project Number PW04-08) ("Project"). C. The City desires to buy from Seller and Seller desires to sell to the City the Property in fee, together with all improvements pertaining to the realty and non -moveable fixtures, and all of Seller's interest in any and all rights and appurtenances pertaining to the Property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights of way for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the Project. The Project would demolish the existing southbound Interstate 15 (I-15) exit and entrance ramps and construct a type L-8 configuration at the I- 15/State Route 79 South (SR -79S) interchange. A type L-8 intersection utilizes two quadrants in a cloverleaf configuration with direct on -ramps and loop off -ramps. The improvements to the I- 15/SR 79S interchange include the following: • Southbound 1-15 Ramps: The Project would demolish the existing southbound ramps at SR -79S and replace them with a new loop exit ramp paired with a new southbound entrance ramp, both of which would intersect SR -79S opposite the existing Front Street intersection. The Project would reconfigure the southbound exit providing a two (2) lane exit with 396.24 meters (1,300 feet) of auxiliary lane preceding the exit. The Project would construct a new bridge structure over SR -79S to accommodate the new southbound exit ramp configuration. • Northbound I-15 Ramps: The Project would widen the northbound exit ramp to provide four lanes at the ramp intersection. The Project would widen the northbound entrance ramp to provide three lanes at the ramp intersection and a three -lane ramp meter entrance to 1-15. • SR -79 South: The Project would eliminate sidewalk, curb and gutter and parkway on the south side of SR -79S through the interchange area and paving/restriping to provide three through lanes and two left -turn lanes in each direction of travel. The Project is the result of cooperation between the City of Temecula and the California Department of Transportation ("Caltrans"). Categorical Exemption (E.A. Number 432300) explains that the Project seeks to improve existing operational deficiencies at the subject interchange and to accommodate local and regional increases that will result from future development envisioned by the City's General Plan and other regional development. Forecast traffic conditions show that, without the improvements, the interchange will operate at Level of Service (LOS) F by the year 2030. Further, ramp queues will continue to exceed the available exit ramp storage and back up onto the I-15 mainline facility. The improvements would allow the interchange to continue to operate at LOS E or better for year 2030 forecast traffic conditions and eliminate the existing nonstandard intersection spacing. D. The Property is necessary for the construction of the Project. E. The Parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, section 19, California Government Code sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law). The Parties also acknowledge that the Project is a public use for which the City has the authority to exercise the power of eminent domain. The Parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended that the City Council consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council, however, has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of a resolution of necessity would require the City's compliance with applicable law, including the Eminent Domain Law. Seller is solely responsible for consulting its tax advisors or seeking a letter ruling -2- from the Internal Revenue Service regarding the applicability of 26 U.S.C. section 1033 to Seller's sale of the Property to the City. The City makes no express or implied representation regarding the applicability of 26 U.S.C. section 1033 to this transaction. F. Seller desires to sell, and the City desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, the City and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to the City, and the City agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five (5) business days after the Effective Date, the City shall open an escrow (the "Escrow") with Lawyers Title Company, 41000 Newport Place Drive, Suite 120, Newport Beach, California, 92660. Upon the Opening of Escrow, the City shall deposit a fully executed certified copy of this Agreement with Escrow Holder and this Agreement shall serve as the instructions to Escrow Holder for the consummation of the transactions contemplated under this Agreement. The City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement. In the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms of this Agreement shall control. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives the fully executed certified copy of this Agreement from the Parties. The Parties can execute the Agreement in counterparts as set forth in Section 26.f. below. Close of Escrow means the date on which the Grant Deed is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow or Closing will be on the date that is not later than the first business day occurring 30 calendar days after the expiration of the Due Diligence Period (as defined in Section 12) (the "Close of Escrow"). 3. Purchase Price and Additional Consideration. a. Purchase Price. The total purchase price that the City will pay for the Property, together with all improvements pertaining to the realty and non -moveable fixtures described on Exhibit "C-1", and all of Seller's interest in any and all rights and appurtenances pertaining to the Property, is the sum of $4,265,615.00 (Four Million Two Hundred Sixty-five Thousand Six Hundred Fifteen Dollars) (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. -3- i. Seller expressly acknowledges that the Purchase Price includes compensation in the amount of $24,615.00 for the fair market value of the moveable fixtures and equipment described on Exhibit "C-2" hereto that Seller has requested that the City purchase as part of this transaction. b. Additional Consideration. As additional consideration for Seller's sale of the Property to Buyer, Buyer agrees that within thirty days of the date that Seller vacates the Property, Buyer will pay the remaining balance owed by Seller on the two loans described below in Sections 3.b.i. and 3.b.ii. Seller and Buyer acknowledge that these loans would generally be paid at the Close of Escrow. Seller, however, has requested that the loans not be paid until Seller vacates the Property based on a forgiveness provision in each loan that would reduce the existing balance. Buyer has informed Seller that if Buyer continues to operate the business at the Property after the Close of Escrow, the Lender (BP West Coast Products) may continue to forgive the outstanding balance if Seller satisfies the requirements of the loans. Seller represents and warrants that the outstanding balance on both loans is not more than $230,819 as of the Effective Date of this Agreement. Seller further agrees and warrants that it will not further encumber the Property after the Effective Date of this Agreement. Seller will indemnify and hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, incurred by the City connection with said loans for any amount greater than $230,819. The two subject loans are described as follows: i. A Loan Agreement (Gasoline) entered into as of January 14, 2003 between 13P West Coast Products LLC (Lender) and 21st Century Oil — Front Company, a California Corporation (Borrower), a true and correct copy of which is attached as Exhibit "D" hereto, pertains to a Contract Dealer Gasoline Agreement dated December 3, 2012. The original amount of this loan was $343,000. The loan provides that if Borrower purchases the annual Guaranteed Volume from Lender during each Contract Year, the Lender will forgive a certain percentage of the then outstanding principal balance and interest that accrued under the Note for the Contract Year. ii. A Loan Agreement (am/pm Mini Market) entered into as of January 14, 2003 between BP West Coast Products LLC (Lender) and 21st Century Oil — Front Company, a California Corporation (Borrower), a true and correct copy of which is attached as Exhibit "E" hereto, pertains to a Mini Market Agreement dated December 3, 2012. Under Section 1.1 of this Mini Market loan, the Lender agreed to make available to Borrower the sum of $150,000 for the benefit of Borrower to fund costs and expenditures associated with improvements to and/or purchases of equipment for use at the am/pm convenience store operated on the Property. The loan provides that if Borrower has gross sales for the contract year of at least the annual guaranteed amount set forth in said Mini Market Agreement, Lender shall forgive a certain percentage of the then outstanding principal balance of the loan. Seller warrants that the original principal sum of this loan was $61,400 and that Borrower has not borrowed any additional sums authorized under said loan. 4. Lease Agreement. a. The City agrees to lease to Seller and Seller agrees to lease from the City the Property after the Close of Escrow subject to the terms of the Lease Agreement attached as -4- Exhibit "F" hereto ("Lease"), which is incorporated herein by this reference. Seller understands that the City expects to commence the construction of the Project in 2014. Seller may occupy the Property and operate the existing business on the Property on a month-to-month basis pursuant to the terms of the Lease until the City issues a 90 -day Notice to Vacate. Seller agrees to vacate the Property on the 90th day after the City issues the 90 -day Notice to Vacate. b. Seller warrants that it will not encumber the Property after the Effective Date or during the term of the Lease. c. Seller agrees to deliver to the City two original counterparts of the Lease duly executed by Seller on the day that it delivers the executed original counterparts of this Agreement. 5. Right of First Refusal. Subject to the City's compliance with applicable law, the City agrees that prior to consummating a proposed sale of the remainder of the Property that the City does not utilize in connection with the Project ("Remainder Property"), the City shall provide Front with a right to purchase the Remainder Property on and subject to the following terms and conditions: a. The City shall give written notice (the "Proposed Sale Notice") to Front setting forth the proposed purchase price and any other material economic terms of the proposed sale (collectively, the "Basic Sale Terms") of the Remainder Property. The proposed purchase price will be the market value of the Remainder Property as determined by a real estate appraiser of the City's choice. The appraisal of the Remainder Property will be based on a date of value at or near the date of the Proposed Sale Notice. b. Front shall have 15 calendar days (the "Election Period") from the date of the Proposed Sale Notice to elect to purchase the Remainder Property. Front shall provide written notice to the City within the Election Period of its election to purchase the Remainder Property or of its election not to purchase the Remainder Property. c. If Front fails to deliver written notice to the City of its election to purchase the Remainder Property within the Election Period, said failure to deliver to the City written notice of its election shall constitute an election by Front to not purchase the City -owned Property and Front's right of first refusal under this Section 5 shall terminate as of the end of the Election Period. d. If Front makes the election to purchase the Remainder Property, then such election shall be deemed to create a contract between the City and Front pursuant to which Front agrees to acquire the Remainder Property from the City on the Basic Sale Terms. The City and Front shall promptly and in good faith enter into a purchase and sale contract incorporating the terms of such sale. The Parties will cooperate together to promptly open escrow to effectuate the conveyance of the Remainder Property to Front and shall promptly execute and deliver any documentation reasonably required to effectuate the conveyance of the Remainder Property. If Front makes the election to purchase the Remainder Property but the closing fails to occur due to Front's default, then without limitation on the City's other rights and remedies (including specific performance and damages), Front's rights under this Section 5 will be permanently lost. -5- e. Front's right of first refusal contained in this Section 5 may not be assigned, sold or otherwise transferred by Front. f. Notwithstanding anything to the contrary contained herein, Front's right of first refusal contained in this Section 5 shall automatically terminate and be of no further force or effect 90 calendar days after the City files the Notice of Completion for the Project. 6. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to the City and Seller. Escrow Holder will insure the City's fee title to the Property, which is described above in Recital A and in Exhibits "A" and "B" to this Agreement, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if the City elects such coverage as provided below in Section 6.e.) in the amount of the Purchase Price (the "Policy"). The City will pay for the cost of the Policy. The Policy provided for pursuant to this Section will insure the City's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. Real property taxes for the current tax fiscal year that are not due and payable. b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property. c. Those non -monetary exceptions approved by the City within ten (10) business days after the date the City receives the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to the City (less the City's share of escrow cancellation charges), and this Agreement will have no further force or effect. If the City conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. d. At the Close of Escrow, the City's fee interest in the Property will be free and clear of all monetary encumbrances, except for the loans described below in Sections 3.b.i. and 3.b.ii. e. The City will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, the City will, at its expense, procure an ALTA survey. The City will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. -6- 7. Deposit of Funds in Escrow. a. Deposit of Purchase Price. The City covenants and agrees to deposit the Purchase Price with Escrow Holder within two business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. b. Deposit of S230,819.00. The City covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow the sum of $230,819.00, representing the maximum amount due on the loans described above in Sections 3.b.i and 3.b.ii. c. Deposit of Funds in Interest-bearing Account. Escrow Holder shall deposit the City's funds in an interest-bearing account. 8. Obligations Regarding BP West Coast Products Loans. Seller warrants that the outstanding balance that Seller owes to BP West Coast Products in connection on the two BP loans described in Section 3.b.i. and 3.b.ii. is not more than $230,819.00. Seller warrants that it will not further encumber the Property after the Effective Date. Seller will indemnify and hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, incurred by the City connection with the BP Loans for any amount greater than $230,819.00. Seller agrees to provide to the City the payoff amount and payoff instructions for the BP loans 15 calendar days before Seller vacates the Property. The City shall, within five business days of receiving the payoff instructions from Front, provide to Escrow Holder written instructions regarding the disbursement of the $230,819.00 in Escrow. Escrow Holder shall refund to the City the difference between the $230,819.00 plus interest and the payoff amount to BP West Coast Products. Seller is not entitled to any portion of the $230,819.00. 9. Deposits of Documents. a. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the Effective Date, the Grant Deed ("Grant Deed") duly executed and acknowledged by Seller, granting and conveying to the City the Property in fee. The form of the Grant Deed is attached as Exhibit "G" to this Agreement and is incorporated in this Agreement by this reference. The City will accept said executed Grant Deed prior to recording. b. Bill of Sale. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the Effective Date, the Bill of Sale ("Bill of Sale") duly executed and acknowledged by Seller, conveying, granting, selling, transferring, assigning and delivering to the City all right, title, and interest of Seller in and to the moveable items described on Exhibit "C-2". The form of the "Bill of Sale" is attached as Exhibit "H" to this Agreement and is incorporated in this Agreement by this reference. c. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow Holder a certification of Non -Foreign Status in accordance with I.R.C. section 1445, and a similar notice pursuant to California Revenue and Taxation Code sections 18805 and 26131, prior to the Close of Escrow. -7- d. Withholding Exemption Certificate. Seller agrees to deliver to Escrow Holder a Withholding Exemption Certificate Form 593-C as contemplated by California Revenue and Taxation Code section 18662 duly executed by Seller. e. Seller agrees to deliver to Escrow Holder such proof of Seller's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. 10. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of the City the Policy, showing the Property vested in the City subject only to the Permitted Title Exceptions. Except for the loans described above in Sections 8.a.i. and 8.a.ii., Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder shall disburse the outstanding amount owed on the BP loans as provided above in Section 8.c. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received the City's notice of approval or satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as provided for below in Section 17; and d. Seller will have deposited in Escrow the executed Grant Deed as required by Section 9. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 11. Escrow Charges and Prorations. a. The City will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at the City's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. The City will pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, the City will pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated for the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if the City were vested with fee title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be -8- charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and the City will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the Parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. c. All prorations will be determined on the basis of a 365 -day year. 12. Due Diligence Period; Access. During the period commencing on the Effective Date and ending forty-five (45) days thereafter (the "Due Diligence Period"), the City may inspect the Property as necessary to approve all zoning and land use matters relating to the Property and the physical condition of the Property, subject to the limitations set forth below. a. Within five (5) days after the Effective Date, Seller shall provide to the City, any and all of the following documents to the extent in Seller's possession or under Seller's control that relate to the Property or the business operated on the Property: environmental documents, soils and geological testings or reports, structural engineering reports, plans and specifications, utility contracts, service contracts, brokerage agreements, leases of space at the Property, rent roll, and property tax bills for each of the two (2) prior fiscal years. It is understood by the Parties hereto that Seller does not make any representation or warranty, express or implied, as to the accuracy or completeness of any information contained in Seller's files or in the documents produced by Seller, including without limitation, any environmental audit or report prepared by unaffiliated third -party consultant. To the extent permitted by law, the City shall keep all information provided by the Seller confidential and shall not disclose it to any third parties except its accountants, legal counsel, and other consultants employed in connection with its acquisition of the Property. In the event this Agreement is terminated, the City shall promptly return to Seller all such documentation and other information obtained from or otherwise provided by Seller. The City shall provide Seller with copies of all environmental reports, test results, surveys and other written materials obtained by the City in connection with its investigation of the Property promptly following the City's receipt thereof. The City, in its sole and absolute discretion, may terminate this Agreement for any reason, or for no reason whatsoever, by giving written notice to the Seller on any day prior to and including the final day of the Due Diligence Period, in which event, this Agreement shall become null and void and, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder, and the City shall be entitled to the immediate refund of the Deposit less any escrow cancellation charges. b. Subject to the City's compliance with the terms of this Section 12, the City and its employees, agents, attorneys, accountants, contractors and other representatives shall have the right, at the City's sole cost and expense, to enter upon the Property during the Due Diligence Period to make inspections and other examinations of the Property and the improvements thereon, including without limitation, the right to perform surveys, soil and geological tests of the Property and the right to perform environmental site assessments and -9- studies of the Property. The City shall conduct the physical inspection of the Property during normal business hours at times mutually acceptable to the City and Seller. The City shall give Seller at least 24 hours prior notice of any entry onto the Property and Seller shall have the right to be present during any such entry or inspections. No invasive testing or boring shall be done without the prior notification of Seller and Seller's written permission of the same, which permission may be withheld in Seller's sole and absolute discretion. The City shall promptly repair any damage to the Property caused by its inspections and investigations. To evidence the City's right of entry to the Property, the parties shall execute and deliver that certain Right of Entry Agreement attached hereto as Exhibit "I" within three (3) days following the Effective Date. 13. Warranties and Representations of Seller. Seller hereby represents and warrants to the City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the Effective Date. If Seller acquires additional knowledge regarding the matters that are the subject of the representations contained in this Section 13 that would cause any of the warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Seller shall give prompt written notice thereof to the City. Within seven (7) business days following receipt of such notice, the City may elect to cancel this Agreement. As of the Close of Escrow, the warranties and representations contained in this Section 13 shall be true and correct in all material respects, subject to any matters disclosed in writing by Seller to the City as provided herein. a. Hazardous Substances. i. To the best of Seller's knowledge, Seller has received no written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Environmental Law (as defined below in Section 18.b.) or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Materials (as defined below in Section 18.a.) on the Property or the potential violation of any Environmental Laws. ii. To the best of Seller's knowledge, except as described in Exhibit "J", no toxic or hazardous materials, chemicals, waste, or substances of any kind have ever been spilled, disposed of or stored on, under, or at the Property, whether by accident, burying, drainage, or storage in containers, tanks or holding areas, or by any other means. iii. To the best of Seller's knowledge, Seller has produced a list of all information, records, reports and studies maintained by Seller or under Seller's control in connection with the Property concerning Hazardous Substances and all existing orders and directives from or agreements with any governmental agency pertaining to the environmental condition of the Property and any requests for information, documents, access or investigation pertaining thereto. To the extent that certain documents contain confidential information, the City shall sign a confidentiality agreement as a condition to the City's review of such confidential documents. -10- iv. To the best of Seller's knowledge, all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations. b. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. c. Seller is the successor -in -interest to 21st Century Oil — Front Company, the party listed as a borrower under the BP loans described above in Sections 8.a.i. and 8.a.ii. and has received consent from BP West Coast Products LLC, if necessary, to assume the obligations of 21st Century Oil — Front Company under the BP loans. d. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. e. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the title to the Property to the City, violates or will violate any contract, partnership agreement, instrument, or any other agreement to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. f. Except as disclosed in the title commitment referred to in Section 6, there are no claims or liens presently claimed or that will be claimed against the Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. g. There are no written or oral leases, licenses, or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, damages, fees, including without limitation, actual reasonable attorneys' fees, and out- of-pocket losses, costs and expenses arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. h. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal that involves the Property, any part thereof, or the business operated on the Property. i. Seller has good and marketable title or license in all of the moveable items described on Exhibit "C-2" hereto and has complete and unqualified right to sell, assign and -11- deliver to the City the moveable items, free and clear of any lien or restriction or use. On the Close of Escrow, the City will have acquired good and marketable title or license to or in all of the moveable items, free and clear of any restriction on transfer or use and any lien created by Seller or any person. No person other than Seller has any right or interest in the moveable items, including the right to grant interests in the moveable items to third persons. Seller agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, damages, fees, including without limitation, actual reasonable attorneys' fees, and out-of-pocket losses, costs and expenses arising from or relating to any claims made by third persons asserting any rights or interest of any nature in and to the moveable items. j. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the moveable items to the City, violates or will violate any contract, partnership agreement, instrument, or any other agreement to which Seller is a party, or which affects these items, and the sale of these items herein contemplated does not require the consent of any party not a signatory hereto. 14. Representations and Warranties of the City. The City hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are true and correct in all material respects as of the Effective Date: a. The City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. The City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. 15. City's Full Payment of Purchase Price and Release by Seller. a. It is understood and agreed between Seller and the City that the City's payment to Seller of the Purchase Price set forth in this Agreement plus the Lease described above in Section 4, is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the land comprising the Property, all improvements pertaining to the realty and attached fixtures and equipment described on Exhibit "C-1 the moveable fixtures and equipment described on Exhibit "C-2", claims arising in connection with or out of the City's acquisition of the Property or the Project for which the City is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. Seller expressly acknowledges that the City has provided to Seller a copy of the following appraisals (i) Summary Appraisal Report Appraisal of Front Street Service Station Property prepared by Kevin Donahue, MAI of Overland, Pacific & Cutler, Inc. that used a date of value of January 21, 2012 ("Donahue real property appraisal") and (ii) Summary Appraisal Report of Improvements Pertaining to the Realty and Movable Fixtures and Equipment of Front Street Service Station, LP (Arco Facility Number 82498) -12- Located at 44987 Old Town Front Street, Temecula prepared by Hodges Lacey & Associates, LLC that used an effective date of value of January 20, 2012. Seller is the sole owner of the improvements pertaining to the realty. Seller acknowledges that the Purchase Price includes compensation for the fair market value of the Property, the moveable items described on Exhibit "C-2", and the improvements pertaining to the realty, except for the $9,000.00 fair market value of the security cameras that Seller shall retain. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases the City, its officials, counsel, employees, representatives and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of the City's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold the City harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. c. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expense that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code section 1542, or under any statute or common law or equitable principle of similar effect relating to the City's acquisition of the Property and the construction of the Project. California Civil Code section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: City's Initials: d. This Section will survive the Close of Escrow. 16. Relocation Assistance and Benefits and Loss of Goodwill. a. Relocation Assistance and Benefits. The Parties acknowledge that the City has provided to Seller information regarding Seller's rights to relocation assistance and benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.) ("Uniform Act"), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) ("California Relocation Law"). The Parties further acknowledge that Seller is a displaced -person under the Uniform Act and California Relocation Law because the City's acquisition of the Property for the Project will require that Seller relocate from the Property. Overland, Pacific & Cutler, the City's relocation consultant, has provided Seller information regarding relocation advisory services and benefits available to Seller as a displaced person. Seller acknowledges it may be eligible for relocation payments under the applicable relocation laws discussed above, including, but not limited to, moving and related expenses, business reestablishment expenses, and reasonable expenses in searching for a replacement business. Payments for relocation assistance are not included in the Purchase Price. Seller acknowledges that it has determined, in its sole -13- discretion, to close the business Seller operates at the Property and that it will not relocate its business after it vacates the Property pursuant to the terms of the Lease. Accordingly, Seller agrees and acknowledges that the City has satisfied its relocation obligations and that Seller is not owed any relocation assistance or benefits in connection with this transaction. b. Loss of Business Goodwill. The Parties acknowledge that the City has provided to Seller information regarding loss of business goodwill pursuant to Code of Civil Procedure section 1263.510 and that compensation for loss of goodwill is the subject of a Settlement Agreement and Release between the Parties. 17. The City's Contingencies. For the benefit of the City, the Closing of Escrow and the City's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or the City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Section 9. c. Title Company's commitment to issue in favor of the City, a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's fee interest in the Property subject only to the Permitted Title Exceptions. d. The City's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that the City might perform prior to the Close of Escrow. 18. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code section 2929.5(e)(2) or California Code of Civil Procedure section 736(0(3); and any other substance or material regulated by any Environmental Laws. -14- b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. section 7401 et seq.; the Clean Water Act, 33 U.S.C. section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.; the Noise Control Act, 42 U.S.C. section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 19. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $4,265,615.00 or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property or any part thereof in any eminent domain or other proceeding or litigation concerning the Property or any part thereof. 20. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice: BUYER: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Aaron Adams, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 SELLER: Front St. — Service Station, LP 224 S. Joy Street Corona, California 92879 Attention: Hagop Kofdarali, General Partner ESCROW Lawyers Title Company HOLDER: 41000 Newport Place Drive, Suite 120 Newport Beach, California 92660 Telephone No. (949) 724-3141 Fax No. (714) 459-7217 Attention: Grace Kim, Assistant Vice President Commercial Escrow Officer gukim@ltic.com 21. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 22. Bulk Sales Law. Seller and the City believe that the transactions contemplated by this Agreement do not constitute a "bulk sale" as defined in Division 6 of the California Commercial Code. The Parties, however, agree that if the bulk sale provisions of the California Commercial Code, as well as the provisions of any other law relating to bulk transfers, apply to the sale of the moveable items described on Exhibit "C-2", the City and Seller shall prepare and file all necessary notices. Seller covenants to indemnify and hold the City harmless from and against any and all claims, liabilities, actions or other assertions made against the City in connection with the bulk sale or the failure to comply with such bulk sale laws, including but not limited to California Commercial Code section 6101 et seq. 23. No Transfer of Liquor Assets. Seller is not transferring to the City any liquor assets or the right to operate under any existing liquor licenses in connection with the business operated on the Property pursuant to this transaction. Seller to retain ownership of its Off Sale "20" Beer & Wine license. 24. Brokers Commissions. No brokers represented the Parties in connection with this transaction. Seller shall be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Seller, if any, and Seller shall defend, indemnify and hold the City harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party shall defend, indemnify and hold the other party harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any other broker, finder or other person or entity (other than those described above) based upon such party's own acts. The provisions of this Section 24 shall survive the Close of Escrow. -16- 25. Acquisition by Stipulated Judgment in Lieu of Deed. In the event Seller is unable to deliver title to the Property in a reasonable time and in accordance with the terms of this Agreement, the City, in its sole discretion, may file an eminent domain proceeding to pursue the acquisition of the Property. Seller agrees to waive all claims and defenses in such proceeding, including, but not limited to, right to take objections and claims for greater compensation. Seller agrees that this Agreement shall constitute a stipulation that may be filed in such proceeding as final and conclusive evidence of just compensation for the acquisition of the Property, including all of the items provided in Code of Civil Procedure Section 1263.010 et seq. 26. Miscellaneous. a. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Seller regarding the City's purchase of the Property and the subject matter of this Agreement. The Parties acknowledge that loss of goodwill damages suffered by Seller in connection with the City's purchase of the Property is the subject of a Settlement Agreement and Release between the Parties and that Seller's occupancy of the Property as of the Close of Escrow is the subject of the Lease. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and the City acknowledge that no person has made, any representation, warranty, guaranty or promise regarding the subject matter of this Agreement except as set forth herein; and no agreement, statement, representation or promise made by any such person that is not contained herein will be valid or binding on Seller or the City. c. Amendments. Any amendments to this Agreement will be effective only when duly executed by both the City and Seller and deposited with Escrow Holder. d. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. e. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in Escrow Holder's general Escrow instructions. f. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will -17- constitute one and the same instrument. For purposes of this Agreement, facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. g. Remedies Not Exclusive and Waivers. Except as set forth in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. h. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. i. Destruction of Property Prior to Close of Escrow. Before the Close of Escrow, Seller shall solely bear all risk of loss and damage to the Property from any source whatsoever. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. j. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. k. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 1. Assignment. The City may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve the City of any of its obligations under this Agreement. Seller may not assign its rights under this Agreement or under the Lease without the express written consent of the City. 27. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 16 above, and the City and Seller release Escrow Holder from liability or obligation -18- as to that Section. IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER BUYER FRONT ST. — SERVICE CITY OF TEMECULA, STATION, LP a Municipal Corporation A California Limited Partnership Dated: By: Hagop Kofdarali General Partner Dated: By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney EXHIBIT "A" Legal Description of Property LEGAL DESCRIPTION EXHIBIT "A" A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL 89 OF DEED RECORDED SEPTEMBER 29, 1977 AS INSTRUMENT NO. 192314 AND FURTHER SHOWN AS "REMAINDER PARCEL" OF PARCEL MAP 10814 ON FILE IN BOOK 78 PAGE(S) 5 THROUGH 8, INCLUSIVE, OF PARCEL MAPS, ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY UNE OF SAID LOT 11 NORTH 15° 39' 27" WEST, A DISTANCE OF 128.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 59° 39' 01" EAST A DISTANCE OF 9.69 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 07° 42' 41" EAST, SAID CURVE BEING ALSO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50649 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 54' 49", AN ARC DISTANCE OF 51.64 FEET; THENCE LEAVING SAID SOUTHERLY UNE SOUTH 48° 19' 13" WEST A NON -TANGENT LINE, A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83° 21'12" WEST; THENCE SOUTHERLY ALONG SAID CURE THROUGH A CENTRAL ANGLE OF 18° 36' 09", AN ARC DISTANCE OF 149.68 FEET; THENCE ALONG A RADIAL UNE OF SAID CURVE SOUTH 78° 02' 39" WEST, A DISTANCE OF 78.00 FEET; THENCE SOUTH 82° 44' 46" WEST, A DISTANCE OF 214.20 FEET; THENCE NORTH 07° 15' 14" WEST, A DISTANCE OF 309.08 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 11; THENCE ALONG SAID NORTHERLY UNE NORTH 74° 20' 39" EAST, A DISTANCE OF 186.11 FEET TO THE NORTHWESTERLY CORNER OF PARCEL "C' DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50647 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL "C" AND PARCEL "A" OF SAID DEED TO THE CIT( OF TEMECULA SOUTH 01° 15' 21" EAST, A DISTANCE OF 122.87 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01° 15' 21" WEST, SAID POINT BEING ALSO THE SOUTHWESTERLY CORNER OF SAID PARCEL "A"; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 11' 43, AN ARC DISTANCE OF 108.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID POINT BEING ALSO ON SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY UNE SOUTH 15° 39' 27" EAST ON A NON -TANGENT UNE, A DISTANCE OF 6.44 TO THE TRUE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS ALSO SHOWN AS PARCEL "A" OF LOT UNE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-210-057-0, 922-210-058-1, 922-210-059-2 EXHIBIT "B" [Depiction of Property! 0 • • 20 3 922-21°'O� s v)0._v)0._31•: Q PV14 L A X01014/2000 Ag03 _ 014 / 2000 ' ASS WESTERNRRI D %86 \1 CO J mss,'! I ' • V'"` L ' �.. 92221 r'P•0•8. U DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 N59'39'01"E -- 9.69' 2 03'54'49" 756.00' 51.64' 3 S48'19'13"MI -- 40.01' 4 1836'09" 461.00' 149.68' 5 S15`39'27"E -- 6.44' 6 08'11'43" 756.00' 108.13' l � - 2° z 922_ 45343.Wit z• 3' co 21 • NR2' 44' 46'E 214 20 RCM t. h1 R P ARCU- IF;11111!::. iNSULT1NG AtiN . 6 • OE9i0.+ • COM5TUUCTiCN 5050 AVENIDA tNCNAS 9„f'G 260 A14 3AL) ALY-(* IA )2001 &MI5 160/7o 001 • cAA ?601769198 • wW'SF c11n 78 OP -E, Nj8' 02 �a627-1 �` NO 00 / 100~102 r 2 P M'a EXHIBIT "C -I" TO PURCHASE AND SALE AGREEMENT Improvements Pertaining to the Realty Hodges & Lacey FF&E Appraisal Item No. 4 Qty. Description Exterior and Throughout l Service station signage package, including, electrical, consisting of: 1 1 "AM/PM", channel letters, 2' to 3' high (estimate), with graphic, metal cabinet, plastic fascias, illuminated, at convenience store entrance 4' x 2.5', metal fascia, single sided, "24 hour car wash", (2) metal uprights, 6' high 1 Fuel canopy package, including, (2) signs, Arco logos, (1) lot of image wrap stripe (3 sides of canopy), illuminated 1 Fuel pricing sign, 48" x 62", 2 -sided plastic, illuminated, with softwood arch, concrete footing 1 Proposed new fuel pricing sign, 5'6" x 8'6", 2 -sided plastic, illuminated, with softwood arch, concrete footing, (appraised as proposed, not yet installed as of the effective date of value of this report, assumed to be completed as proposed, if other than as assumed herein, our opinions of value may be different) 1 Lot of interior miscellaneous graphics and signage 1 Lot of minor miscellaneous, throughout, including, car wash signage 5,395 Square feet (estimate) of concrete paving, with rebar, including, approximately 4,247 square feet of fueling station slab (under canopy), and approximately 1,148 square feet of underground fuel storage tank lid, including underground tank pads 2 1 Fueling canopy, 65' x 56', 16' high clearance (estimate), painted metal frame and (6) support columns, concrete footings, (20) high intensity discharge lights, electrical, (6) speakers, wiring 6 Fuel islands, 12' x 3', concrete 25 Bollards, painted metal, (8) horse shoes, at fueling station, 4" diameter, 4- 42" x 41" overall. 4- 24" x 34" overall, (2) 4' high, 6" x 6", concrete filled, (8) 3' high, 7" diameter, concrete filled, (6) 3' high, 4.5" diameter, concrete filled, (1) 51" high, 9" diameter, concrete filled I Fueling system, including (3) underground storage tanks, 1- 12,000 gallon capacity, 1- 20,000 gallon capacity, 1- 10,000 gallon capacity (two compartment), fiberglass, double - walled, man ways and fittings, submersible pumps, alarms, excavation, backfill, piping, vapor recovery system, (6) fuel dispensers, Wayne Pumps, double -sided, 3 product, Model: 3/V580D 1/GO/FK, Serials: 36721A through 36726A, (2) exterior point of sale (POS) podiums, 27" x 23" footprints, 8' high, metal, appraised with proposed new POS system (h', Fiscal, not yet installed as of the effective date of value of this report, assumed to be completed as proposed, if other than as assumed herein, our opinions of value may be different), (1) inventory management system, Veeder-Root, Model No.: TLS -350, (1) environmental monitoring system, Franklin Fueling Systems, Model: TS -EMS, including electrical and all components throughout Drive through car wash building, 54' x 17' footprint, single story, concrete block construction, exterior scored and painted plywood fascias, equipment room, lighting, electrical, and plumbing, including, clearance bar arch, in driveway, 14.5' wide x 8' high, painted tubular metal, 4" diameter, with upper sign, "Car Wash", foam letters, 18" high, plastic fascias 1 Drive through car wash equipment package, including, rollover wash and rinse trolley, Ryko, Softgloss XS System, 5 brushes, 24' travel, air dryer arch, POS pedestal unit, dispensing and mechanical package. electrical. plumbing EXHIBIT "C -l" TO PURCHASE AND SALE AGREEMENT Improvements Pertaining to the Realty Hodges & Lacey FF&E Appraisal Item No. Qty. Description Convenience Mart I 1 Scullery sink, 90" x 24", R.J. Fabricators, Incorporated, stainless steel, 3 -compartment, 2 end boards, single mixing faucet, with spray wand, finish plumbing 11 2 Air door, Mars, micro switches, electrical, consisting of: 1 Model: WA -72, 72" wide 1 Model: 42NCH-O, 42" wide I ; 1 Reach-in/walk-in refrigerator/freezer, National Cooler, insulated embossed galvanized panel construction, (2) walk-in doors, remote mechanical packages, (12) reach -in doors, Anthony, 30" x 73", lighting, electrical, plumbing, including, (1) refrigerated section, 29.5' x 8.75' x 9.75' overall, (2) 3 fan blower coil units, concrete floor, plastic strip traffic door, (I) freezer section, 3.5' x 8.75' x 9.75', galvanized metal floor, (1) 4 fan blower coil unit, metal product shelving I () I Walk-in freezer, National Cooler, 76" x 8'8" x 76", insulated embossed galvanized panel construction and floor, single door, remote mechanical package, lighting, electrical, plumbing, (1) 2 fan blower coil unit, plastic strip traffic door I 1 Installation of ice machine, including, water supply line, wall mounted water filtration system, EverPure, 6 stage, and roof mounted mechanical package 19 1 Lot of minor miscellaneous improvements and installations including, but not limited to, hooks and fasteners, (1) paper towel and soap dispensers, incidental shelving, floor bolts for 2 safes, (1) lot of miscellaneous wall mounted supply holders, (2) television ceiling brackets, (13) linear feet of metal wire wall shelving, (3) surveillance mirrors, 2- 2.5' diameter, 1- 1.5' diameter, (1) installation only of Muzak system EXHIBIT "C-2" TO PURCHASE AND SALE AGREEMENT Moveable Fixtures and Equipment Purchased by City of Temecula Hodges & Lacey FF&E Appraisal Item No. Qty. Description 20 Trash receptacles, concrete cylinder with cigarette sand rim, "AM/PM" logo 21 4 Trash receptacles, concrete, square, squeegees/paper towel pockets, "AM/PM" logo 22 1 Group of minor miscellaneous items, consisting of: 1 Trash barrel, 32 gallon, plastic 1 Landscape sign, 3' x 2', metal, ground stakes 1 Pedestal sign, 20" x 42" overall, plastic 1 Bagel slicer, plastic 3 Fire extinguishers, 5 lbs., dry chemical 1 Utility cart, Rubbermaid, 28" x 18", 3 -tier 1 Step ladder, Werner, 4', aluminum 1 Step ladder, Werner, 6', aluminum 1 Hand truck, 3 -post 1 Mop and bucket set, plastic 1 Pedestal fan, Lasko, 16", oscillating 1 Wall clock 2 Trash barrels, 32 gallon, with wheels and lid 1 Locker set, 5 -cube stack 2 File cabinets, vertical, 2 -drawer, with locks 1 File cabinet, 1 drawer, 2 file drawers, with lock 1 Folding chair, metal/plastic 2 Drawer units, plastic 1 Lot desk accessories I Desk telephone 1 Bulletin board, 3' x 2' I Fire extinguisher, 10 lbs., dry chemical 23 5 Gondola shelving units, 54" high, 16" deep, 2 -sided, 4' sections, 8 end caps, 3' 26 1 Toaster, Toastmaster, Model: TW24, Serial: 310103, 4 -slice 27 2 Condiment dispensers, Server, 3 -product, stainless steel, plastic press, 1 stainless steel spill trough 28 I Microwave, Sharp, Model: 1000 W/R-21JV, stainless steel 29 1 Pastry case, 2 -door glass, 45" x 81" x 44", laminate base 31 2 Spinner racks, (I) 70" high, (1) 62" high, for sunglasses 38 1 Condiment island, 7.5' x 3.5', cold insert pan section, laminate top and case work, sneeze hood. self contained 39 1 Coffee condiment island, 7.5' x 3' oval, laminate top and case work, 2 trash holes, includes condiment stand -�_; 13 Shelving units, Nexel, coated wire, consisting of: 2 48" x 74" x 18", 5 -tier 2 36" x 74" x 18", 5 -tier 2 36" x 85" x 18", 5 -tier 6 48" x 85" x 18". 5 -tier 1 60" x 74" x 18", 4 -tier EXHIBIT "C-2" TO PURCHASE AND SALE AGREEMENT Moveable Fixtures and Equipment Purchased by City of Temecula Hodges & Lacey FF&E Appraisal Item No. Qty. Description 44 1 Ice machine, Manitowoc, Model: QY1394N, Serial: 030461639, with bin. Serial: 021 121 1 16 - bin, 48" x 48" x 32" 45 1 Bread rack, wire, portable 46 1 Work table, 8' x 3', stainless steel, backsplash, under shelf, stainless steel 49 1 Refrigerator, True, Model: T-72, Serial: 1-3500077, 3 -door, stainless steel, casters 50 1 Storage cabinet, 3' x 6', metal 59 1 Swivel armchair, leatherette 61 1 Lot of small ware packages for food preparation, etc. 63 1 Safe, Blue Sky, Series X BSS 000612, 20" x 30" x 22" 64 1 Lot of miscellaneous in exterior storage, consisting of: 1 Table, plastic, 3 chairs 1 Storage cabinet, 4' x 6', 2 -door 1 Shelving unit, wood 1 Swivel armchair, leatherette 3 Safety cones EXHIBIT"D" Facility Number: 82498 Customer Account Number 0991851 LOAN AGREEMENT (Gasoline) This LOAN AGRFEMMEN F (this "Aereement") is made and entered into as of /&/03, t"Execution Date"). between BP WEST COAST PRODUCTS LLC, a Delaware limited liability company (hereinafter referred to as "Lender"). and 21" Century Vil - Front Company, a California corporation (the "Borrower"). Recitals 6;(A Borrower and Lender have entered into that certain Contract Dealer Gasoline Agreement darted 3/ tl2 (hereinafter referred to as the "CD Aereement") which provides the terms and conditions under which Borrower operates or will operate an ARCO gasoline station located at SWC of Front Street and the extension of the Western Bypass Corridor in the City of Temecula, Riverside County, California (the "Facility"). B. Lender and Borrower desire to provide for the terms and conditions upon which Lender will make available to Borrower a loan to fund the costs associated with certain pre -approved modifications and:or equipment and improvements to the Facility. Agreement In consideration of the mutual promises contained herein. Lender and Borrower agree as follows: DEFINITIONS: Alterations: The term "Alterations" means alterations or improvements to the Facility which are permitted under this Agreement. year Amortization Amount: The term "Amortization Amount" is defined in Section 1.4. Annual Guaranteed Volume: The term "Annual Guaranteed Volume means 3,600.000 gallons per Architect: The term 'Architect" is defined in Section 2.1(h). Business Open Date: the term "Business Open Date' means the first day on which the Facility is open for business to the general public, as determined by Lender. CD Agreement: The term "CD Agreement" is defined in Recital A above. Closing Date: The term "Closing Date" means the date of recordation of the Deed of Trust in the Official Records of the county in which the Property is located. Contract Year: The 12 month period beginning on the first day of the first complete month following the Business Open Date and each 12 month period thereafter. If the Business Open Date occurs on the first day of a calendar month. the Contract Year shall commence on such date. Contractor: The term "Contractor" is defined in Section 2.1(h). Deed of Trust: The term "Deed of Trust' means that certain Deed of Trust with Assignment of Rents. Security Agreement and Fixture Filing dated as of even date herewith. executed b)Borrower in favor of Lender. Default Rate: The term `Default Rate" shall have the meaning set forth in the Note Facility Number: 62498 Customer Account Number. 0991851 Disbursement: The tern "Disbursement" means a disbursement of Loan proceeds made by Lender to or for :he benefit of Borrower. Disbursement Agreement: The term "Disbursement Agreement" means that certain Disbursement Agreement (Owner and Cor,tr.ctorl in the form of Exhibit D attached hereto and made a part hereof, to be executed by Borrower and Lender substantially concurrently with the recordation of the Deed of Trust. EGI: The term "EGI" means Energy Global Investments (USA) Inc.. a Delaware corporation. Engineer: The term "Engineer" is defined in Section 2. [(h). Environmental Indemnity: The term "Environmental Indemnity" means that certain Environmental Indemnity dated as of even herewith, executed by Borrower in favor of Lender. Event of Default: The term "Event of Default" is defined in Section 5. Facility:The term "Facility" is defined in Recital A above. Fictitious Deed of Trust: The term "Fictitious Deed of Trust" is defined in the Deed of Trust. First Anniversary Date: The term "First Anniversary Date" is defined in Section l 4. Improvements: The term "Improvements" shall have the meaning set forth in the Fictitious Deed of Trust. Indemnified Costs: The term "Indemnified Costs" means all actual or threatened liabilities, claims, actions, causes of action, judgments. orders, damages (including foreseeable and unforeseeable consequential damages), costs. expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of Lender's counsel), but excluding such costs as may be attributable to the gross negligence or willful misconduct of the party seeking to be indemnified. Indemnified Parties: The term "Indemnified Parties" means, collectively, Lender, its parent, subsidiary and affiliated companies, assignees of any of Lender's interest in the Loan or the Loan Documents, owners of participation, syndication or other interests in the Loan or the Loan Documents, any purchasers of the Facility at any foreclosure sale or from Lender or any of its affiliates. and the officers, directors, employees and agents of each of them. Loan: The term "Loan" is defined in Section 1,1. Loan Documents: The term "Loan Documents" means the documents described in Exhibit "C" attached hereto, as the same may be amended, renewed or extended from time to time. Maturity Date: The term '`Maturity Date" is defined in Section 13. Note: The term "Note' means that certain Secured Promissory Note (Gas) of even date herewith. executed by Borrower to the order of Lender. which evidences the Loan. Obligations: The term "Obligations" is defined in Section 1.3. Pay Voucher: The term "Pay Voucher" shall have the meaning set forth in the Disbursement Agreement. Plans: The term "Plans' means detailed plans and specifications for the Alterations. Products: the term "Products" means all grades of gasoline and gasoline containing motor fuels (excluding diesel fuel) bearine the ARCO trademark and other identifying symbols and which are purchased directly from ARCO or Lender. Facility Number 82498 Customer Account Number' 0991851 Project Manager: The term "Project Manager" is defined in Ston3 I . Project Manager Contract: The terrn "Project Manager Contract" is defined in Section 3.1. Project Manager's Allowance: The term "Project Manager's Allowance" is defined in Section 3.2. Project Manager's Fee: The term "Project Manager's Fee" is detined in Section 3.2. Title Company: The term "Title Company" means Commonwealth Land 1 itle Company. Tide Policy: The term "Title Policy" is detined in Section 2.1(d). Transfer: The term "Transfer' is detined in Section 8. 1 Amount and Terms of the Loan. 1.1 Amount of Loan. Lender agrees to make available to the Borrower, upon the terms and conditions set forth in this Agreement, a loan in the maximum principal amount of 5343,000.00 (the "Loan") or so much thereof as is disbursed by Lender to or for the benefit of Borrower. 1.2 Purpose of the Loan. The proceeds of the Loan shall be used exclusively to fund (i) costs and expenditures associated with improvements to and/or purchases of equipment for use at the Facility as described in Exhibit A attached hereto. and (ii) at the election of Lender, payment of the processing fee set firth in Section 4.1 I below (collectively, the "Permitted Uses"), and for no other use or purpose whatsoever. 1.3 Term of Loan. If not sooner repaid, the outstanding principal amount of the Loan (less amounts forgiven pursuant to Section 1.5 below) and all other amounts owing under the Loan Documents (collectively, the "Obligations") shall be due and payable on the date which is fifteen (15) years following the Business Open Date ("Maturity Date"). Lender shall determine and confirm to Borrower in writing the Business Open Date. Borrower may prepay the Obligations m whole or in part without penalty, at any time. Lender may accept partial payments, whether or not marked "paid in full", without losing its rights under this Agreement. 1.4 Amortization and Interest Payments. Beginning on the last day of the first Contract Year ("First Anniversary Date") and continuing on each anniversary of the First Anniversary Date, Borrower shall make annual principal payments in the amount equal to six point sixty six percent (6.66%) of the outstanding principal balance of the Loan as of the First Anniversary Date (such annual amount shall be referred to herein as the "Amortization Amount"). Notwithstanding the immediately preceding sentence. in the event Lender disburses all or any portion of the Loan after the First Anniversary Date, Lender shall adjust the amount of annual principal reduction payments due on each ensuing anniversary of the First Anniversary Date so as to fully amortize the principal balance of the Loan by the Maturity Date. In addition to making annual payments of the Amortization Amount. Borrower shall pay to Lender on the First Anniversary Date and on each anniversary of the First Anniversary Date all accrued and unpaid interest on the Loan (at the rate set forth in Section 2 of the Note) for the prior twelve (12) month period, as determined by Lender. The amounts due pursuant to this Section 1.4 shall be paid by Borrower to Lender no later than sixty (60) days atter the end of each Contract Year. 1 5 Forgiveness of Debt. Notwithstanding anything to the contrary contained in Section 1.4 above. if during each Contract Year Borrower purchases at least the Annual Guaranteed Volume of the Products directly from Lender, then Lender shall forgive as of the last day of such Contract Year (i) fiften percent (15%) of the then outstanding principal balance of the Loan (subject to adjustment as provided in Section 1.4). and (ii) all interest which accrued under the Note during such Contract Year. For the first Contract Year only. Borrower shall he deemed to have met the requirement for forgiveness of indebtedness during the first Contract Year set Forth herein so long as Borrower purchases an amount of gasoline from Lender equal to ten -twelfths (10.12) of the Annual Guaranteed Volume. Borrower acknowledges and agrees that it has itself participated in the determination of Annual Guaranteed Volume, that such goal is reasonable and that Borrower's failure to purchase the Annual Guaranteed Volume from Lender each Contract Year will result in repayment obligations. Facility Number 82498 Customer Account Number 0991651 b No Waiver Lender's forgiveness of any of the Loan as set forth in Section 1.5 shall not operate as a waiter of Its right to collect or demand repayment ofthe Obligations upon the occurrence of an Event of Default I.7 Promissory Note. Die obligation of the Borrower to repay the Loan shall be evidenced by the Note. Lender shall record and endorse on the schedule forming a part of the Note appropriate notations to evidence (t) the date and amount of any Disbursement made by Lender. (iii the date and amount of each payment of principal by the Borrower. and (iii) the date and amount of any Loan forgiveness by Lender pursuant to Section 1.5; provided. however. that Lender's failure to record or endorse any such amount shall not affect the obligations of the Borrower under this Agreement or the other Loan Documents. 2. Conditions to Disbursement. Before Lender becomes obligated to make any Disbursement under this Agreement, all conditions to such Disbursement set forth below shall have been satisfied at Borrower's sole cost and expense in a manner acceptable to Lender in the exercise of its reasonable judgment. Borrower acknowledges that delays in Disbursements may result from the time necessary for Lender to verify satisfactory fulfillment of any and all conditions to a given Disbursement. Borrower consents to all such delays. No waiver of any condition to Disbursement shall be effective unless it is expressly made by Lender in writing. If Lender makes a Disbursement before fulfillment of one or more required conditions, that Disbursement alone shall not be a waiver of such conditions, and Lender reserves the right to require their fulfillment before making any subsequent Disbursements. 2. I Loan Closing and First Disbursement. Lender shall not be required to make the first Disbursement unless all of the following conditions are satisfied on or before November 27, 2002 (a) Borrower shall have complied with all conditions or requirements of Lender as set forth in that certain Commitment Letter dated September ?0, 20112 between Lender and Borrower, including without limitation (i) satisfaction of the conditions set forth in paragraphs (a) through (e) un Page I of the Commitment Letter. (ii) Lender's receipt of reimbursement from Borrower for all costs incurred by Lender in connection with the Loan. and (iii) Lender's receipt of all of the items set forth in Exhibit "B" to the Commitment Letter. (h) All Loan Documents shall have been duly executed by Borrower and any guarantor and received by Lender, including appropriate resolutions or certificates of authority. (c) Lender shall have received written confirmation from the Title Company that (i) the Deed of Trust and the other Loan Documents which are in recordable form shall have been duly recorded in the official records of the county where the Facility is located. and (ii) Title Company shall be in a position to deliver for filing with the California Secretary of State a UCC -I Financing Statement which perfects Lender's security interest in all personal property and fixtures covered by the Deed of Trust. (d) The Title Company shall have issued or cotnmitted to issue an LP -10 ALTA Lender's extended coverage loan policy of title insurance in a liability amount satisfactory to Lender ("Title Policy"). The Title Policy shall insure the Deed of Trust as a second priority lien on Borrower's leasehold estate in the Facility. subject only to exceptions consented to by Lender in writing, and shall contain such endorsements as Lender may require. No title matter may be insured over by any title company without the express written consent of Lender. (e) Borrower shall have provided to Lender evidence of commercial general liability insurance naming Lender as an additional insured, on an "occurrence.' basis against claims for "personal injury" liability_ including bodily injury, death or property damage liability. with a limit of not less than One Million Dollars (S1.000.000) Such insurance shall he primary and noncontributory with any other insurance carried by Lender. (f) If required by Lender. Borrower shalt have obtained performance and labor and material payment bonds in dual obligee form covering the performance of the Contractor and such principal subcontractors for the Alterations as Lender may designate. The terms of the bonds and the bonding company shall he acceptable to Lender, and all required bonds and the contracts which they cover shall have been duly recorded or tiled in accordance with applicable California law. Facility Number. 82493 Customer Account Number 0991851 (g) Lender shall have approved the Information set forth in Borrower's completed En'. ironmental Questionnaire. If Lender so requires, Lender shall also have receioed a report prepared by a iieensed or registered environmental engineer or other qualified party satisfactory to Lender stating that there are no Hazardous Substances, as defined in Section 1.5 of the Environmental Indemnity, present in, on. under or around the Facility. and that there is no condition or circumstance which warrants further investigation or analysis in the opinion of the hreparer of the report. (h) Lender shall have approved the architect ("Architect"), engineer (-Engineer"), general contractor ("Contractor") and principal subcontractors to be used in connection with the Alterations. (i) Lender shall have received and approved the Plans, together with (i) a detailed budget for the Alterations and the other Permitted Uses of Loan proceeds, and (ii) copies of building permits. (i) Lender shall have received and approved (i) all contracts entered in by Borrower with the Architect. Engineer and Contractor, respectively. (ii) an assigmnent of each such contract referred to clause (i) in favor of lender, in form and substance satisfactory to Lender, together with an assignment of the Plans, and (iii) consents to each such assignment executed by the Architect, Engineer and Contractor, respectively, in form and substance satisfactory to Lender. (k) Lender shall have received such financial statements and other financial information as it may require regarding the financial condition of Borrower, any guarantor or the Facility (1) Lender shall have received evidence of the due formation and good standing of Borrower and any guarantor, including such organizational documents (including partnership agreements, operating agreements, articles of organization and articles of incorporation) and certificates of status as Lender may require. Any Disbursement. In no event shall Lender he required to make any Disbursement if: (a) Borrower fails to observe any condition or temi set forth in the Disbursement Aereetnent; or (h) For any reason the Title Company fails or refuses at Lender's request to issue a CLTA Forst 122 endorsement or its equivalent: or (c) The Improvements are materially damaged and not repaired, unless Lender receives funds from Borrower or insurance proceeds sufficient to pay for all repairs in a timely manner; or (d) The Facility or any interest in it is affected by eminent domain or condemnation proceedings; or (e) Lender receives a bonded or unbonded stop notice, unless Borrower files a release bond satisfactory to Lender in its reasonable judgment; or (t) Under any of the Loan Documents, a default or Event of Default (as defined in that document) has occurred and is continuing. or an event has occurred that with notice or the passage of time could heLonte a default or Event of Default. (g) The Project Manager does nut corroborate Borrower's pay voucher submittal pursuant to the Disbursement Agreement, if requested to do so by Lender. 2.3 Disbursement Procedures. Disbursements for Alterations shall be made in accordance with the procedures set forth in the Disbursement Agreement, the terms of which are incorporated herein by this reference. Lender may delegate the disbursal and verification duties to a third party. in which case Lender will notify Borrower and Borrower will make disbursement requests to and submit documentation for disbursements to the third party. Disbursements of the Loan shall be made in the form of vouchers from Borrower to contractors and.or suppliers The contractors and or suppliers through the third part; funding company will redeem the vouchers ?or Facility Number: 82498 Customer Account Number 0991851 payment. Except as otherwise provided in the Disbursement Agreement, loan proceeds shall be available for disbursement as fellows: one-fourth of the loan amount at the time Borrower obtains permits for consu uction; one- fourth of :he loan amount when Lender verifies that the improvements are 25°•ri complete: one-fourth of the loan amount when 1 ender verifies that the improvements are 50°, .omplete and one-fourth of the loan amount after Lender verifies that the improvements are 75% complete. Lender reserves the right, prior to making any disbursement. to require original paid invoices supporting the expenditure of loan proceeds, releases of mechanics hens. and or additional security for the Loan as Lender may determine in its sole discretion. The third party fund control company fee. if any, will be paid by Lender. Proiect Manager. 3.1 Engagement. Borrower shall enter into a contract (the "Project Manager Contract') on terms approved by Lender, with a Project Manager (the "Project Manager') designated and approved by Lender, as Lender shall in its sole discretion determine, to orchestrate and oversee the design (including layout) and construction of the Alterations. as well as the procurement of permits and licenses required for the operation of the Facility. 3.2 Compensation of Project Manager. Lender will pay from its ow[t funds (and not from the proceeds of the Loan) up to $17,000 (the 'Project Manager's Allowance") of the total fees charged by the Project Manager pursuant to the Project Manager Contract (the "Project Manager's Fee"). The Project Manager's Allowance shall be disbursed by Lender either directly to the Project Manager upon receipt of an invoice from the Project Manager, or as reimbursement to Borrower for funds advanced by Borrower upon Borrower's submission to Lender of evidence of payment (re: invoice marked "paid", copy of cancelled check or other evidence of payment satisfactory to Lender). In addition, a portion of the proceeds of the Loan in the amount of Eighteen Thousand Dollars ($18.000) shall be allocated to pay for any Project Manager's Fee in excess of the Project Manager's Allowance and shall be disbursed to the Project Manager in accordance with the terms of the Project Manager Contract pursuant to Section 4 of this Agreement. Borrower acknowledges that the total Project Manager's Fee may he in excess of the amount paid by Lender and the amount allocated from the proceeds of the Loan. Borrower shall he responsible for any unpaid Project Manager's Fee. 4. Covenants of the Borrower. Borrower promises to keep each of the covenants set forth below, unless Lender has waived compliance in writing. 4.1 Commencement and Completion of Improvements. Borrower shall obtain building permits and commence construction of the Alterations no later than 15 days after the Closing Date. Borrower shall complete the construction of the Alterations and obtain a certificate of completion or a certificate of occupancy from the appropriate guvemrnental authority (as detemtined by Lender) by not tater than February 27, 2003 Borrower shall open for business by March 14, 2003. Borrower's failure to observe arty of the deadlines set forth in this Section 4.1 shall he an Event of Default and shall not be subject to the cure period set thrth in Section 5.9 below. 4.2 Permits, Licenses and Approvals. Borrower shall construct the Alterations in a good and workmanlike manner in accordance with sound building practices as well as the Plans and all applicable laws pertaining to such construction. Borrower shall properly obtain, comply with and keep in effect all permits, licenses and approvals which are required to be obtained from governmental bodies in order to construct and occupy the Alterations and operate the Facility. 4.3 Site Visits. (a) Lender, Project Manager and their respective agents and representatives shall have the right at any reasonable time to enter and visit the Facility for the purposes of performing an appraisal. observing the work of construction, examining all materials and determining whether such work conforms with the Plans approved by Lender. Lender shall also have the right to examine, copy and audit the books, records. accounting data and other documents of Borrower and its contractors which relate to the Facility or construction of the Alterations In each instance, Lender shall give Borrower reasonable notice before entering the Facility . Lender shall make reasonable etfons to avoid interfering with Borrower's Facility operations. Facility Number 82498 Customer Account Number 0991851 th I Lender is under no duty to visit the Facility or to supervise or observe construction or to examine any hooks or records. Any site .isit. observation or examination by Lender shall be solely for the purpose of protecting Lender's rights and interests. No site visit, observation or examination by Lender shall impose any liability. on Lender or result in a waiver of any default of Borrower. In no event shall any site visit. observation or examination by Lender be a representation that there has been or shall be compliance with the Plans, that the construction is free from defective materials or workmanship. or that the construction complies with any other applicable law. 4.4 Protection Against Lien Claims. Borrower shall promptly pay or otherwise discharge all claims and liens for labor done and materials and services furnished in connection with the construction of the Alterations. Borrower shall have the right to contest in good faith any claim or lien. provided that it does so diligently and without prejudice to Lender or delay in completing the Alterations 4.5 Payment of Expenses. Borrower shall pay Lender's costs and expenses incurred in connection with any revisions, extensions, renewals or "workouts" of the Loan, and in the exercise of any of l.ender's rights or remedies under this Agreement. 4.6 Financial Information. Borrower shall keep true and correct financial books and records cm a cash basis pertaining to the construction of any Alterations. Upon request of Lender from time to time. Borrower shall deliver balance sheets and income statements to Lender for itself and the Facility, together with a statement showing all changes in the financial condition of Borrower and the Facility which occurred during the preceding Contract Year. These financial statements may be Borrower prepared. Borrower shall also furnish to Lender upon request signed copies of any tax returns and such other information as Lender may reasonably request concerning its affairs and properties. 4.7 Notices. Borrower shall promptly notify Lender in writing of: (a) Any litigation affecting Borrower or any guarantor, where the amount claimed is Fifty Thousand Dollars ($50,000) or more; (b) Any communication, whether written or oral, that Borrower may receive from any governmental. judicial or legal authority, giving notice of any claim or assertion that the Facility or any Alterai ions fail in any respect to comply with any applicable governmental law; (c) Any default by the Project Manager, Contractor or any subcontractor. material supplier or surety; and (d) Any material adverse change in the physical condition of the Facility (including any damage suffered as a result of earthquakes or floods), or in Borrower's or any guarantor's business condition (financial or otherwise), operations, properties or prospects. 4.8 Indebtedness. Except as otherwise provided under the Loan Documents, Borrower will not create. incur or assume any indebtedness, commitment or other obligation for borrowed money without the express prior written consent of Lender. 4 9 Performance of Acts. Upon request by Lender. Borrower shalt pertbrm all aces which may be necessary or advisable to perfect any lien or security interest prow ided for in the Loan Documents or to carry out the intent of the Loan Documents. 4.10 Insurance. (a) Borrower shall provide, maintain and keep in force at all times prior to repayment of the loan. the insurance required by Section 2.1 above and by the Disbursement Agreement. Also at all such times. Borrower shall provide, maintain and keep in force any and all additional insurance that Lender in its reasonable judgment may from time to time require, against insurable hazards which at the time are commonly insured against in the .:ase of property similarly situated. Such additional insurance ma, include flood insurance as required by federal Facility Number 82498 Customer Account Number 099135' law and earthquake insurance as required by Lender At Lender's request. Borrower shall supply fender with an original of any policy or a certificate of coverage (b) All policies of insurance required under this Agreement and the Disbursement Agreement shall be issued by companies approved by Lender having a minimum A.M. Best's rating of A:IX. The limits, coverage. forms, deductibles, inception and expiration dates and cancellation provisions of all such policies shall be acceptable to [.ender. In addition, each required property insurance policy shall contain a Lender's Loss Payable Form (Form 43S BFU or equivalent) in favor of Lender, and shall provide that all proceeds be payable to Lender to the extent of its interest. An approval by Lender is not, and shall not be deemed to be. a representation of the solvency of any insurer or the sufficiency- of any amount of insurance. (c) Each policy of insurance required hereunder and under the Disbursement Agreement shall provide that it may not be modified or cancelled without at least thirty (30) days' prior written notice to Lender. When any required insurance policy expires, Borrower shall furnish Lender with proof acceptable to Lender that Care policy has been reinstated or a new policy issued, continuing in force the insurance covered by the policy which expired. Borrower shall also furnish Lender with evidence satisfactory to Lender that all premiums for such policy have been paid within thirty (30) days of renewal or issuance. If Lender fails to receive such proof and evidence, Lender shall have the right, but not the obligation, to obtain current coverage and advance funds to pay the premiums for it. Borrower shall repay Lender immediately on demand for any advance for such premiums, which shall be considered to be an additional loan to Borrower hearing interest at the Default Rate and secured by the Deed of Trust and which shall not be subject to forgiveness in accordance with Section 1.5 above. 4.11 Processing Fed. Borrower shall pay to Lender upon execution of this Agreement by Borrower a processing fee in the amount of 55,000.00 5. Events of Default. The occurrence of any of the following events shall constitute an "Event of Default" hereunder: 5.1 The Borrower assigns this Agreement or any of the other Loan Documents to a third party without the prior written consent of Lender: or of Lender; or 5./ The Borrower assigns the CD Agreement to a third party without the prior written consent 5.3 The Borrower fails to observe any of the deadlines set forth in Section 4. I above or, after commencing operations, there occurs a cessation of operations at the Facility for thirty (30) consecutive days: or stated term: or 5.4 There shall occur a `Transfer" (defined below) without Lender's prior written consent; or 5.5 The CD Agreement is terminated by either Lender or Borrower prior to the end of its 5.6 Borrower fails to enter into a Project Manager Contract (on terms approved by Lender) prior to commencing construction of the Alterations or Borrower fails to utilize the Project Manager for the duties described in Section 3.1. 5.7 There shall occur a default or" Event of Default" under the Project Manager Contract or any contract entered into by Borrower with the Architect. Engineer or Contractor; or 5.8 Borrower fails to make any payment due under the Loan Docutnents within five (5) business days after the date when due; or 5 9 Borrower fails to comply with any provision contained in this Agreement other than those provisions elsewhere referred to in this Section 5: and does not cure that failure within thirty (30) days after written notice from Lender: or Facility Number 82498 Customer Account Number 0991351 5 :0 Any representation o- warranty made by Borrower in the Loan Documents ur in any Pay Voucher, financial statement ur document delivered pursuant to this Agreement, or in connection with the making of any Disbursement. shall prove to have been incorrect, untrue or misleading in any material respect when made: 5 11 A default or 'Event of Default" shall have occurred under any of the other Loan Documents; or 5 i'_ Ihere shall occur a default or event of default under that certain Ground (ease dated January 3. 'rnt' and assignment of Tenants Interest Under Lease Together with Landlord Consent dated November 5.'_00_2 by and between Borrower and Great Western Mortgage, Inc. or 5.14 The Borrower shall fail to pay when due the principal of or interest on any other indebtedness secured by the Facility, or there shall occur any other event that would permit the holder of such indebtedness to accelerate the maturity thereof; 5.15 The Borrower shall become insolvent, or admit in writing its inability to pay its debts as they mature, or make an assignment for the benefit of creditors. or apply for or consent to the appointment of a receiver or trustee for it or a substantial part of its property or business. or such a receiver or trustee otherwise shall he appointed and shall not be discharged within 30 days after such appointment. or there shall be instituted by or against Borrower a bankruptcy, insolvency, reorganization or liquidation proceeding and such proceeding shall not be dismissed within 30 days ("Insolvency Proceeding"). or any order, judgment or decree shall be entered against the Borrower decreeing its dissolution, or the Borrower's existence shall otherwise be terminated. 6. Remedies. 6.1 Upon the occurrence of any Event of Default, Lender may. at its option. exercise all remedies and rights available to it under this Agreement, the other Loan Documents and under applicable law or in equity or by statute, including without limitation, the richt to (i) declare all or any part of the Obligations to he forthwith due and payable. without presentation. demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower; or (ii) terminate any obligation of Lender hereunder to make further Disbursements. All of Lender's rights and remedies shall be cumulative. No delay or failure of Lender in the exercise of any right or remedy provided for hereunder shall be deemed a waiver of that right by Lender, and no exercise or partial exercise or waiver of any right or remedy shall be deemed a waiver of any further exercise of such right or remedy or of any other right or remedy that Lender may have. 6.2 Also upon any Event of Default, Lender shall have the right in its sole discretion to enter and take possession of the Facility, whether in person, by agent or by court-appointed receiver. and to take any and all actions which Lender in its sole discretion may consider necessary to complete construction of the Alterations. including making changes in the Plans, work or materials and entering into, modifying or terminating any contractual arrangements, all subject to Lender's right at any time to discontinue any work without liability. if Lender chooses 10 complete the Alterations, it shall not assume any liability to Borrower or any other person for completing the Alterations or fur the manner or quality of construction of the Alterations, and Burrower expressly waives any such liability. If Lender exercises any of the rights or remedies provided in this subparagraph, that exercise shall not make Lender, or cause Lender to be deemed to he, a partner or joint venturer of Borrower. Lender in its sole discretion may choose to complete construction in its own name. Alt sums which are expended by Lender in completing construction shall be considered to be an additional loan to Borrower hearing interest at the Default Rate, secured by the Deed of Trust and not be subject to forgiveness in accordance with Section 1.5. 6.3 For purposes of determining the outstanding balance of the Loan a the rime an Event of Default occurs hereunder. forgiveness of principal and interest by Lender pursuant to Section 1.5 shall be calculated based upon the percentage of the Annual Guaranteed Volume achieved by Borrower through the last day of the calendar month immediately preceding the occurrence of the Event of Default. For example if the CD Agreement is terminated by Ltorrower on ~lav 15. 2003 and the current Contract Year expires December 31. 2003. Lender will calculate total Product purchases from Lender during the period January 1. 2003 through April 30. 2003 and cu• -par: such total to the Annual Civartnteed Volume. If total Product purchases during such period equal 33% of Facility Number: 82498 Customer Account Number. 0991851 the :Annual Guaranteed Volume. the outstanding principal balance of the Loan will be reduced by an amount equal to ;,'b of the annual principal reduction payment due for that Contract Year (detemtined in accordance with Section 1_5 above). 7. Interest and Late Char>;es. Borrower hereby acknowledges that late payment by Borrower to Lender of the payments due under this Agreement will cause Lender to incur costs not contemplated by this A ercement, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any payment due tom Borrower under this Aereement is not received within five (5) business days after the date on which such payment is due and payahle, then without any requirement for notice to Borrower, Borrower shall pay Lender a late charge equal to Eve percent (5%) of such overdue amount. Borrower and Lender hereby agree that such late charge represents a fair and reasonable estimate of the costs Lender will incur by reason of late payment by Borrower. Acceptance of such late charge by Lender shall in no event constitute a waiver of Borrower's default with respect to such overdue amount, or prevent Lender from exercising any of the rights and remedies granted hereunder. In addition to the foregoing, Borrower agrees to pay interest at the Default Rate on any and all sums due under this Agreement from the payment due date until the date fully paid by Borrower. 8. Transfers. Borrower agrees that, in the event of any "Transfer' (as defined below) without the prior written consent of Lender, Lender shall have the absolute right, at its option. without prior demand or notice. to declare the Obligations immediately due and payable. Consent to one such Transfer shall not be deemed to be a waiver of the right to require consent to future or successive Transfers. Lender may Brant or deny such consent in its sole discretion and. if consent should be given. any such Transfer shall be subject to all obligations of Borrower under the Loan Documents, and such transferee shall assume all obligations under the Loan Documents and agree to he bound by all provisions contained herein and therein. Such assumption shall not, however. release Borrower or any guarantor from any liability to Lender without the prior written consent of Lender. As used herein "Transfer" shall mean: (a) any sale, transfer, conveyance, hypothecation, encumbrance or lease of the Facility or any part thereof or interest therein to any person or entity, whether voluntary, involuntary, by operation of law, or otherwise (except for any deed of trust executed in favor of Fi TI in connection with the Citicorp Loan): (b) any change of control in Borrower if, within thirty (30) days after such change of control. Borrower has not paid in full all Obligations ("control" as used herein shall mean the ability to direct the day to day management of the affairs of Borrower); (c) any sale or transfer of greater than ten percent (10%) of the direct or indirect ownership interests in Borrower or any consolidation or merger of Borrower (whether voluntarily, involuntarily, by operation of law or uthenvise); or (d) any sale, lease or other disposal of all or substantially all of Borrower's assets. 9. Indemnity Reeardine Construction and Other Risks. Borrower indemnifies, defends and holds the Indemnified Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from construction of any improvements within the Facility, including any defective workmanship or materials. or any failure to satisfy any requirements of any- laws. regulations. recorded covenants, maps, permits or other entitlements that apply or pertain to the Facility: or breach of any representation or warranty made or given by Borrower to any of the Indemnified Parties or to any prospective or actual buyer. tenant or other occupant of all or any portion of the Facility: or any claim or cause of action of any kind by any party that any Indemnified Party is liable for any :act or omission of Borrower or any other person or entity in connectiun with the ownership, sale. operation or development of the Facility Phis indemnity shall survive repayment in full of the Obligations. Ifl. \1iscellaneous, 10.1 Amendments. This Agreement may only be amended by a written instrument duly executed by tender and Borrower Facility Number 82498 Customer Account Number 0991851 10.2 Notices. Any notice required or permitted to be given to any party under this Agreement shall he in writing and shall be given by (i) facsimile transmission, (ii) certified mail return receipt requested. or (iii) hand delivery', addressed as hollows: (al if to the Borrower: 21" Century Oil - Front Company 462 Stevens Avenue, Suite 105 Solana Beach. CA 92075 Attention: Mr. William J. Zures Facsimile No.: (858) 793-2707 (b) If to Lender BP West Coast Products LLC P. 0. Box 5077 Buena Park, California 90622-5077 Attention: Contract Dealer Loan Administration Facsimile No.: 714-670-5439 Such notices shall be deemed received (i) upon delivery, if delivered by hand or by facsimile transmission (with confirmation of receipt). or (ii) three days after having been deposited in the U.S. mail. postage prepaid, if mailed. Any party may change its address for notice hereunder by notice given as provided above. 103 Counterparts. This Agreement may be executed in two or more counterparts, each of V, hich shall be deemed an original, and all of which together shall constitute but one agreement. 10.4 Governing, Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10.5 Severability. If any provision of this Agreement is declared invalid, such decision shall not atfect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated. 10.6 Assignment, Binding Effect. The Loan is not assumable. Borrower may not assign this Agreement, nor delegate any of its duties hereunder, without the prior written consent of Lender, which consent may be granted or denied in Lender's sole discretion. Lender may assign all or any part of its rights and interests hereunder. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 10.7 Tax Consequences. Lender makes no representation regarding and assumes no responsibility for the tax consequences to Borrower of any term of this Agreement or the other Loan Documents. Borrower represents and warrants to Lender that it has had an opportunity to consult with tax counsel prior to executing the Loan Documents. 10.8 Entire Agreement. This Agreement and the other Loan Documents contain all of rhe agreements and understandings between the parties with respect to the subject matter of this Agreement. All prior oral or written promises. representations, agreements or understandings, express or implied. in connection with the subject matter of this Agreement are expressly merged herein and superseded hereby. 10.9 Attorney's Fees. If any lawsuit. reference or arbitration is commenced which arises out of or relates to this Agreement, the Note, the other Loan Documents or the Loan, the prevailing party shall be entitled to recover from the other party such sums as the court. referee or arbitrator may adjudge to be reasonable attorneys. fee; in such action. in addition to costs and expenses otherwise allowed by law. In all other situations, including any Insolvency Proceeding. Borrower agrees to pay all of Lender's costs and expenses. including attorneys' tees, which Faclity Number 82498 Customer Account Number 0991851 may he incurred in enforcing or protecting Lender's rights or interests. From the tenets) incurred until paid in full to Lender, all such sums shall bear interest at the Default Rate. IN WITNESS WHEREOF. the parties have executed this Agreement on the date tirst above written. 21'. Century Oil — Front Company. a California corporation By Name: William J. Lures Title: Chief Financial Officer BYC Name: Kevin J. Sullivan Title: President By r Name: Timothy O. Finnerty Title: Vice President BP WEST COAST PRODUCTS LLC, a Delaware limited liability company By Nance: Cary C. Simnin Title: Assistant Vice Presid Facility Number 82498 Customer Account Number. 0991851 EXHIBIT A Loans may only be used for gasoline -related image and equipment -based site improvements; the types of qualifying expenditures and the maximum amount permitted to be spent are noted below: Descrintion Trade dress Maximum Amount S15,000 Dispensers, installation charges. and associated vapor recovery equipment $100,000 Doublewall underground tanks. installation charges and associated vapor recovery equipment - Four 10 Mgal. tanks $175,000 Doublewall product piping, sinolewall vapor piping and electrical lines $75,000 Self Serve equipment and installation charges $35,000 PayPoint equipment and installation charges $12.000 Canopies and canopy work $65,000/canopy Yard paving $2.50/square foot Station lighting $7,000 Site preparation $50,000 Engineering and drawings $20.000 Landscaping S25,000 Interior and Exterior Painting 57,000 Building improvements and additions $50.000 Exhibit A — Page 1 OC 334v1 09/242002 OC 314v1 09/24/2002 Facility Number 32498 Customer Account Number 0991851 EXHIBIT B SECURED PROMISSORY NOTE [,attached Exn,hitt 5 - Page 1 Facility Number: 82498 Customer Account Number 0991351 EXHIBIT C SCHEDULE OF LOAN DOCUMENTS 1. Loan Agreement 3. Secured Promissory Note 3 Deed of frust with Assignment of Rents. Security Agreement and Fixture Filing 4. [iCC-I Financing Statement 5. Environmental Indemnity 6. Environmental Questionnair 7. Senior Lender's Consent to Encumbrance and Request for Notice of Default 8. Guaranty executed by William I. and Margaret A. Zures; Kevin 1 and Karen S. Sullivan: and Timothy 0. and Aneela 1 Finnerty 9. Memorandum of 1 ease 10. Memorandum of Contract Dealer Lias Agreement 11. Contract Dealer Gas Agreement OC 334v1 09i24/2002 Exhibit C — Page 1 • oC 334v 1 09/24/2002 Facility Number 82498 Customer Account Number: 0991851 EXHIBIT D FORM OF DISBURSEMENT AGREEMENT (Attached( Exhrbit D - Page 1 1 - SECURED PROMISSORY NOTE (Gas) FOR VALL5E RECEIVED. 21" Century Oil - Front Company, a C alifornia corporation, (hereinafter referred to as "Borrower") hereby promises to pay to BP WEST COAST PRODUCTS LLC, a Delaware limited liability company (hereinafter referred to as "Lender"), or order. on or before the pnncipal sum of Three Hundred Forty three and Nol100 Dollars ($343,000.00) (the "Maximum Loan Amount'). or so much of that sum as may be advanced under this promissory note ("Note"), plus interest as specified below. This Note evidences a loan ("Loan") from Lender to Bon -ower. 1 This Note is secured by a Deed of Trust with Assignment of Rents. Security Agreement and Fixture Filing ("Deed of Trust") covering certain real and personal property. as therein described (the "Property"). It may also be secured by other collateral. This Note and the Deed of Trust are two of several Loan Documents, as defined and designated in that certain Loan Agreement ("Loan Agreement") between Lender and Borrower. Some or all of the Loan Documents, including the Loan Agreement, contain provisions for the acceleration of the maturity of this Note. Capitalized terms used herein have the meanings assigned to them in the Loan Agreement, unless otherwise defined herein 2 The unpaid principal balance of this Note from day to day outstanding, which is not past due, shall bear interest at a fixed rate of interest equal to three point seventy tive percent (3.75%) per annum.' Interest will be payable in arrears on an annual basis beginning on the First Anniversary Date and on each successive anniversary of such date during the term of the Loan. Borrower shall also make annual principal reduction payments as provided in the Loan Agreement. Principal and interest are subject to annual forgiveness in accordance with the terms and conditions set forth in the Loan Agreement. 3 All payments of this Note shall be made in lawful money of the United States of America in immediately available funds at Lender's offices at 4 Centerpointe Drive, Suite 300, l.a Palma, California 90623-1066, Attention: Contract Dealer Loan Administration, or at such other place or to such account as the holder hereof shall have designated to Borrower in writing. 4 All principal and all accrued and unpaid interest shall be due and payable no later than the date which is fifteen (15) years following the Business Open Date ("Maturity Date"). 5. Lender shall not be required to make any advance if that would cause the outstanding principal of this Note to exceed the Maximum Loan Amount. 6. Lender is hereby authorized by Borrower to endorse on the schedule attached hereto or on an alternate schedule which will be provided to Borrower, (i) the amount ()leach Disbursement made to or for the benefit of Borrower pursuant to the Loan Agreement, (ii) the date such Disbursement is made, (iii) the amount of each repayment or prepayment of principal received by Lender, and (iv) the amount of any forgiveness of principal in accordance with the Loan Agreement; provided, however. that any failure by Lender to make any such endorsement shall not affect the obligations of Borrower hereunder or under the Loan Agreement. 7. Borrower may prepay the principal balance of this Note. in whole or in part. at any time without penalty. 8 if Lender has not received the full amount of any payment. other than the final principal payment, by the end of five (5) business days after the date when due. Borrower shall pay a late charge to Lender in the amount of five percent (5%) of the overdue payment. In addition to the foregoing. Borrower The interest rate currently approved for CD Loans is 5% per annum bur is subject to change. The BP tax department should be consulted prior to each loan closing to verify the current interest rate approved for BPWCP CD loans. agrees to pay interest on any and all scums due under this Note from the payment due. date until the date Filly paid by Borrower. such interest to accrue at a rate of interest equal to the "prime rate' (as reported by the Wall Street Journal) plus two percent (2%) per annum hut in no event greater than the maximum amount permitted by law i the "Default Rate"). 9 From and after maturity of this Note (whether upon the Maturity Date. by acceleration or otherwise). all aunts then due and payable under this Note, including all unpaid principal, accrued interest and any other sums outstanding hereunder, shall bear interest until paid in full at the Default Rate. Compounding of interest may result if outstanding interest hereunder accrues interest at the Default Rate. 10. If any of the following "Events of Default" occur, any obligation of the holder to make advances under this Note shall terminate, and at the holder's option, exercisable in its sole discretion, all ;urns of principal and interest under this Note shall become immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor. or other notices or demands of any kind or character: (a) Borrower fails to perform any obligation under this Note to pay principal, interest or other amounts due, and does not cure that failure within five (5) business days after the date when due; or (b) Under any of the Loan Documents, a default or "Event of Default.' (as defined in that document) occurs. (c) Borrower becomes the subject of any proceeding arising under II U S.C. ("insolvency Proceeding"). 11. If any lawsuit, reference or arbitration is commenced which arises mit of or relates to this Note, the Loan Documents or the Loan, the prevailing party shall be entitled to recover from each other party such sums as the court, referee or arbitrator may adjudge to be reasonable attorneys' fees in such action, in addition to costs and expenses otherwise allowed by law. In all other situations, including any insolvency Proceeding, Borrower agrees to pay all of Lender's costs and expenses. including attorneys' tees, which may be incurred in enforcing or protecting Lender's rights or interests. From the time(s) incurred until paid in full to Lender. all such sums shall bear interest at the Default Rate. 12. This Note is governed by the laws of the State of California. without regard to the choice of law rules of that State. 13. Borrower agrees that the holder of this Note may accept additional or substitute security for this Note. or release any security or any party liable for this Note. or extend or renew this Note, all without notice to Borrower and without affecting the liability of Borrower. 14. If Lender delays in exercising or fails to exercise any of its rights under this Note, that delay or failure shall not constitute a waiver of any of Lender's rights. or of any breach. default or failure of condition of or under this Note. No waiver by Lender of any of its rights, or of any such breach, default or failure of condition shall be effective, unless the waiver is expressly stated in a writing signed by Lender. Alt of Lender's remedies in connection with this Note or under applicable law shall be cumulative, and Lender's exercise of any one or more of those remedies shall not constitute an election of remedies. 15. This Note inures to and binds the heirs, legal representatives. successors and assigns of Borrower and Lender; provided. however, that Borrower may not assign this Note or any Loan funds, or assign or delegate any of its rights or obligations under the Loan Documents. without the prior written consent of Lender in each instance. Lender in its sole and absolute discretion may. at any time, sell, transfer. or assign this Note, the Deed of Trust and the other Loan Documents. 2 I6 If more than one person or entity are signing this Note as Borrower. their nhlivations under this Note shall be joint and several. IN WITNESS WHEREOF, this Note has been duly executed and delivered by Borrower as of the date set forth above. 21" Century Oil — Front Company. a California corporation BY 44 2( 0,11 Name: William .1. "Lures Title: Chief Financial Officer BY ((C'ia61 Name: Kevin J. Sullivan Title: President By e• Name: Tim ' v O. Finnerty Title: Vice President 3 PROMISSORY NOTE LOAN AND PAYMENT SCHEDULE Principal Amount of Loan 5343,000.00 DRAWDOWNS FORGIVENESSREPAYME`T PRFPAYNIF`T iF,it.P! LOAN RALANCF. (With Interests DATE AMOITNT DATE AMOUNT Y P E AMOUNT 1 1 S22.866.66 53_20,13 3.34 2 5222.866.66 5197,266.68 3 522.866.66 5274.400.02 4 4 522.866.66 5251,533.36 5 5 S22.866.66 5228,666.70 6 6 S 22.866.66 5205.800.04 7 7 522.866.66 5183 933.38 8 8 522.866.66 5160,066.72 9 IO ` 9 $22,866.66 S13',200 06 r 10 $22.866.66 5114,333.40 11 11 522.866.66 S 91,466.74 12 12 522.866.66 5 68,600.08 13 13 522.866.66 5 45.733.42 14 14 522.866.66 5 22.806.76 15 15 522.866.76 S 0.00 EXHIBIT "E" LOAN ACRE EMENT (am/pm Mini Market) Facility Number: 82498 Customer Account Number C991851 This LOAN AGREEMENT (this "Agreement") is made and entered into as of ///11/6a, by and between BP WEST COAST PRODUCTS LL.C, a Delaware limited liability company (hereinafter referred to as "Lender"). and 21" Century Oil– Front Company, a California corporation (the "Borrower"). Recitals Borrower and Lender have entered into that certain am"pm Mini Market Agreement dated Old - (hereinafter referred to as the "CD Store Agreement") which provides the terms and conditions under which Burrower operates or will operate an amipm Mini Market located at SWC of Front Street and the extension of the Western Bypass Corridor in the City of Temecula. Riverside County. California (the "Store"). The Store comprises a part of certain real property leaved by Borrower as more particularly described in Exhibit "A" to the Deed of Trust ("Property''). B. Lender and Borrower desire to provide for the terms and conditions upon which Lender will make available to Borrower a loan to fund the costs associated with pre -approved modifications and'or equipment and improvements to the Store. Agreement In consideration of the mutual promises contained herein, Lender and Borrower agree as follows; DEFINITIONS: Alterations: The term "'Aherations" means alterations or improvements to the Store which are permitted under this Agreement_ Amortization Amount: The term "Amortization Amount" is defined in Section 1.4. Annual Guaranteed Amount: The term "Annual Guaranteed Amount" means 5909,000/year. Architect: The term "Architect" is defined in Section 2.1(h). Business Open Date: The term "Business Open Date" means the first day un which the Store is open for business to the general public, as determined by Lender. CD Store Agreement: The term "CD Store Agreement" is defined in Recital A above. Closing Date: The term "Closing Date" means the date of recordation of the Deed of Trust in the Official Records of the county in which the Property is located. Contract Year: The 12 month period beginning on the first day of the first complete month following the Business Open Date and each 12 month period thereafter. if the Business Open Date occurs on the fust day of a c::lendar month, the Contract Year shall commence on such date. Contractor: The term "Contractor' is defined in Section 2.1(h). Deed of Trust: The term "Deed of Trust' means that certain Deed of Trust with Assignment of Rents. Security Agreement and Fixture Filing dated as of even date herewith. executed by Borrower in favor of Lender. Default Rate: The term "Default Rate" shall have the meaning set forth in the Note. 1 Facility Number 82498 Customer Account Number 0991851 Disbursement: The term "Disbursement" means a disbursement of Loan proceeds made by Lender to or for the benefit of Borrower. Disbursement Agreement: The term "Disbursement Agreement' means that certain Disbursement Agreement (Owner and Contractor) in the form of Exhibit D attached hereto and made a part hereof, to be executed by Borrower and Lender substantially concurrently with the recordation of the Deed of Trust EGI: The term "EGI" means Energy Global Investments (USA) Inc.. a Delaware corporation. Engineer: The term "Engineer' is defined in Section 2.1(h). Environmental Indemnity: The term "Environmental indemnity" means that certain Environmental Indemnity dated as of even herewith executed by Borrower in favor of Lender. Event of Default: The term "Event of Default' is defined in Section 5. Fictitious Deed of Trust: The term "Fictitious Deed of Trust" is defined in the Deed of Trust. First Anniversary Date: l'he term "First Anniversary Date" is defined in Section 1 A. Gross Sales: All Store sales as included in the definition of "Gross Sales" in Article 7.02(b) of the CD Store Agreement. improvements: fhe term "Improvements" shall have the meaning set forth in the Fictitious Deed of Trust. Indemnified Costs: The term "Indemnified Costs" means all actual or threatened liabilities, claims, actions. causes of action, judgments, orders, damages (including foreseeable and unforeseeable consequential damages). costs, expenses, tines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of Lender's counsel), but excluding such costs as may be attributable to the gross negligence or willful misconduct of the party seeking to be indemnified. Indemnified Parties: The terns "Indemnified Parties" means, collectively. Lender. its parent, subsidiary and affiliated companies. assignees of any of Lender's interest in the Loan or the Loan Documents, owners of participation, syndication or other interests in the Loan or the Loan Documents, any purchasers of the Property at any foreclosure sale or from Lender or any of its affiliates, and the officers, directors, employees and agents of each of them. Loan: The term "Loan" is defined in Section 1.1. Loan Documents: The term "Loan Documents" means the documents described in Exhibit "C" attached hereto, as the same may be amended. renewed or extended from time to time. Maturity Date: The term "Maturity Date" is defined in Section 1.3. Note: The term "Note" means that certain Secured Promissory Note (amipm Mini Market) of even date herewith. executed by Borrower to the order of Lender. which evidences the Loan. Obligations: The tern "Obligations" is defined in Section 1.3. Pay Voucher: The term "Pay Voucher" shall have the meaning set forth in the Disbursement Agreement. Plans: The term "Plans" means detailed plans and specifications for the Alterations. Project Manager: The term "Project Manager" is defined in Section 3.1. Project Manager Contract: The tern[ "Project Manager Contract" a defined in Sectiom 3.1 2 Facility Number 82498 Customer Account Number: 0991851 Project Manager's Allowance: The tern[ "Project Manager's Allowance" is defined in Section 3.2. Project Manager's Fee: The term "Project Manager's Fee" is defined in Section 3 2 Property: 1 he tem[ "Property" is defined to Recital A above. Store: The term "Store" is defined in Recital A above. Title Company: The term -"Title Company" means Commonwealth Land Title Company. Title Policy: The term "Title Policy" is defined in Section 2.1(d). Transfer: The term "Transfer" is defined in Section $. 1. Amount and Terms of the Loan. 1.1 Amount of Loan. Lender agrees to make available to the Borrower, upon the terms and conditions set forth in this Agreement. a loan in the maximum principal amount of 5150,000 (the "Loan") or so much thereof as is disbursed by Lender to or for the benefit of Borrower pursuant to this Agreement and the Disbursement Agreement. 1.2 Purpose of the Loan. The proceeds of the Loan shall be used exclusively to fund (i) costs and expenditures associated with improvements to and/or purchases of equipment for use at the Store as described in Exhibit A attached hereto, and (ii) at the election of Lender, payment of the processing fee set forth in Section 4.11 below (collectively, the "Permitted Uses"), and for no other use or purpose whatsoever. 1.3 Term of Loan. If not sooner repaid, the outstanding principal amount of the Loan (less amounts forgiven pursuant to Section 1_5 below) and all other amounts owing under the Loan Documents (collectively, the "Obligations") shall be due and payable on the date which is fifteen (15) years following the Business Open Date ("Maturity Date"). Lender shall determine and confirm to Borrower in writing the Business Open Date. Borrower may prepay the Obligations in whole or in part without penalty, at any time. Lender may accept partial payments, whether or not marked "paid in full", without waiving its rights or remedies under this Agreement. 1.4 Amortization and Interest Payments. Beginning on the last day of the first Contract Year ("First ,anniversary Date") and continuing on each anniversary of the First Anniversary Date, Borrower shall make annual principal payments in the amount equal to six point sixty six percent (6.66'!.0) of the outstanding principal balance of the Loan as of the First Anniversary Date (such annual amount shall he referred to herein as the "Amortization Amount"). Notwithstanding the immediately preceding sentence, in the event Lender disburses all or any portion of the Loan after the First Anniversary Date. Lender shall adjust the amount of annual principal reduction payments due on each ensuing anniversary of the First Anniversary Date so as to fully amortize the principal balance of the Loan by the Maturity Date. In addition to making annual payments of the Amortization Amount. Borrower shall pay to Lender on the First Anniversary Date and on each anniversary of the First Anniversary Date all accrued and unpaid interest on the Loan (at the rate set forth in Section 2 of the Note) for the prior twelve (12) month period. as determined by Lender. The amounts due pursuant to this Section 1.4 shall be paid by Borrower to Lender no later than sixty (60) days after the end of each Contract Year. L` Forgiveness of Debt. Notwithstanding anything to the contrary contained in Section 1.4 above. if during a given Contract Year Borrower has Gross Sales with respect to its Store of at least the Annual Guaranteed Amount. then Lender shall forgive as of the last day of such Contract Year (i) six point sixty six percent (6.66%) of the then outstanding principal balance of the Loan (subject to adjustment as provided in Section 1.4), and (11) all interest which accrued under the Note during such Contract Year. During the first Contract Year only. sorely for purposes of determining whether Borrower has met the Annual Guaranteed Amount for such Contract Year. the actual Gross Sales with respect to Borrower's Store during such Contract Year shall he grossed up by an amount equal to gone -twelfth of the Annual Guaranteed Amount. Borrower acknowledges and agre s that it has itself 3 Facility Number 82498 Customer Account Number: 0991851 participated in the determination of the Annual Guaranteed Amount. that such sales goal is reasonable and that i-orrower's failure to achieve Gross Sales of at least the Annual Guaranteed Amount each Contract Year will result in repayment obligations. [.6 No Waiver. Lender's forgiveness of a portion of the Loan as set forth in Section 1.5 shall not operate as a waiver of its right to collect or demand repayment of the Obligations upon the occurrence of an Esent of Default. 1.7 Promissory. Note. the obligation of the Borrower to repay the Loan shall he evidenced by the Note. Lender shall record and endorse on the schedule forming a part of the Note appropriate notations to evidence (i) the date and amount of any Disbursement made by Lender. (ii) the date and amount of each payment of principal by the Borrower. and (iii) the date and amount of any Loan forgiveness by Lender pursuant to Section 1.5: provided. however, that Lender's failure to record or endorse any such amount shall not affect the obligations of the Borrower under this Agreement or the other Loan Documents. 1.8 Audit Rights. So long as there are outstanding Obligations, Lender may, upon reasonable notice to Borrower, audit Borrower's books and records pertaining to Gross Saks. Borrower agrees to cooperate fully with such audit and, if such audit reveals an over -reporting of Gross Sales, Borrower shall immediately pay to Lender any amounts then owing to Lender on account of such over -reporting plus interest at the Default Rate. In addition, if Gross Sales have been overstated by more than five percent (5%), Borrower shall reimburse Lender upon demand for tender's actual out of pocket audit costs. ?. Conditions to Disbursement. Before Lender becomes obligated to make any Disbursement under this .Agreement. all conditions to such Disbursement set forth below shall have been satisfied at Borrower's sole cost and expense in a manner acceptable to Lender in the exercise of its reasonable judgment_ Borrower acknowledges that delays in Disbursements may result from the time necessary for Lender to verity satisfactory fulfillment of any and all conditions to a given Disbursetnent. Borrower consents to all such delays. No waiver of any condition to Disbursement shall be effective unless it is expressly made by Lender in writing. if Lender makes a Disbursement before tultilhment of one or more required conditions, that Disbursement alone shall not be a waiver of such conditions, and Lender reserves the right to require their fulfillment before making any subsequent Disbursements. 2.1 Loan Closing and First Disbursement. Lender shall not be required to make the first Disbursement unless all of the following conditions are satisfied on or before November 21, 2002. (a) Borrower shall have complied with all conditions or requirements of Lender as set forth in that certain Commitment Letter dated September ;0. 2002 between Lender and Borrower. including without limitation (i) satisfaction of the conditions set forth in paragraphs (a) through (e) on Page 1 of the Commitment Letter, f ii) Lender's receipt of reimbursement from Borrower for all costs incurred by Lender in connection with the Loan. and (iii) Lender's receipt of all of the items set forth in Exhibit "B" to the Commitment Letter (h) All Loan Documents shall have been duly executed by Borrower and any guarantor and received by Lender, including appropriate resolutions or certificates of authority. (c) Lender shall have received written confirmation from the Title Company that (i) the Deed of Trust and the other Loan Documents which are in recordable form shall have been duly recorded in the official records of the county where the Property is located. and (ii) Title Company shall he in a position to deliver for fling with the California Secretary of State a L1CC-1 Financing Statement v. hich perfects Lenders security interest in all personal property and fixtures covered by the Deed of Trust. (d) The Title Company shall have issued or committed to issue an LP -10 ALTA Lender's extended coverage loan policy of title insurance in a liability amount satisfactory to Lender ("Title Policy"). The Tit'e Policy shaft insure the Deed of Trust as a second priority lien on Borrower's leasehold estate in the Property. subtect only to exceptions consented to by Lender in writing. and shall contain such endorsements as Lender may require. No title matter may be insured over by the Title Company without the express written consent of Lender. 4 Facility Number. t'2498 Customer Account Number 0991351 (e) Borrower shall have provided to l ender evidence of commercial general liability :,:trance naming! ender as an additional insured, on an "occurrence" basis against claims for "personal injury- liability. n ury"liability. including bodily injury, death or property damage liability. with a !Unit of not less than One Million Dollars 131.000.000.00) Such insurance shall name Lender as an add::ional insured and shall be primary and non- contributory with any other insurance carried by Lender. (1) if required by Lender, Borrower shall have obtained performance and labor and material payment bonds in dual obligee form covering the performance of the Contractor and such principal subcontractors for the Alterations as Lender may designate. The terms of the bonds and the bonding, company shall be acceptable to Lender. and all required bonds and the contracts which they cover shall have been duly recorded or filed in accordance with applicable California law. (g) Lender shall have approved the information set forth in Borrower's completed Environmental Questionnaire. if Lender so requires, Lender shall also have received a report prepared by a licensed or registered environmental engineer or other qualified parry satisfactory to Lender stating that there are no Hazardous Substances, as defined in Section 1.5 of the Environmental Indemnity. present in, on, under or around the Property. and that there is no condition or circumstance which warrants further investigation or analysis in the opinion of the preparer of the report. (h) Lender shall have approved the architect ("Architect"). engineer ("Engineer'). general contractor ("Contractor") and principal subcontractors to be used in connection with the Alterations. (i) Lender shall have received and approved the Plans. together with (i) a detailed budget for the Alterations and the other Permitted Uses of Loan proceeds. and (ii) copies of building permits. (j) ).ender shall have received and approved (i) all contracts entered in by Borrower with the Architect, Engineer and Contractor, respectively, (ii) an assignment of each such contract referred to clause (1) in favor of Lender. in form and substance satisfactory to Lender, together with an assignment of the Plans, and (iii) consents to each such assignment executed by the Architect. Engineer and Contractor. respectively. in form and substance satisfactory to Lender. (k) Lender shall have received such financial statements and other financial information as it may require regarding the financial condition of Borrower, any guarantor. the Store or the Property. (1) Lender shall have received evidence of the due formation and good standing of Borrower and any guarantor, including such organizational documents (including partnership agreements, operating agreements, articles of organization or articles of incorporation) and certificates of status as Lender may require. 2 2 Anv Disbursement. In no event shall Lender he required to make any Disbursement if: (a) Borrower fails to observe any condition or term set forth in the Disbursement Agreement: or (b) For any reason the Title Company fails or refuses at Lender's request to issue a CLTA Form 122 endorsement or its equivalent: or (c) The Improvements are materially damaged and not repaired. unless Lender receives bunds from Burrower or insurance proceeds sufficient to pay for all repairs in a timer manner: or (d) The Property or any interest in it is affected by eminent domain or condemnation proceedings: or (e) Lender receives a bonded or unbonded stop notice. unless Borrower tiles a release bond satisfactory to Lender in its reasonable judgment: or 5 Facility Number: 82498 Customer Account Number 0951'351 ( t) Under any of the Loan Documents. a defat.It or Event of Default (as defined in that document) has occurred and is continuing, or an event has occurred that with notice or the passage of time could .•ecome a default or Event of Default. (g) The Project Manager does not corroborate Borrower's pay voucher submittal pursuant to he Disbursement Agreement. if requested to do so by Lender. 2.1 !Disbursement Procedures. Disbursements for Alterations shall be made in accordance with the procedures set forth in the Disbursement Agreement, the terms of which are incorporated herein by this reference. Lender may delegate the disbursal and verification duties to a third party, in which case Lender will notit Borrower and Borrower will make disbursement requests to and submit documentation for disbursements to the third party. Disbursements of the Loan shall be made in the form of vouchers from Borrower to contractors andor .nppliers The contractors andfor suppliers through the third party funding company will redeem the vouchers for payment. Except as otherwise provided in the Disbursement Agreement, loan proceeds shall be av ailablc for disbursement as follows: one-fourth of the loan amount at the time Borrower obtains permits for construction: one- fourth of the loan amount when Lender verities that the improvements are 25% complete; one-fourth of the loan amount when Lender verifies that the improvements are 50% complete and one-fourth of the loan amount atter Leader verities that the improvements are 75% complete. Lender reserves the right, prior to making any disbursement, to require original paid invoices supporting the expenditure of loan proceeds, releases of mechanics liens, anaUor additional security for the Loan as Lender may determine in its sole discretion. The third party fund control.company fee, if any, will he paid by Lender. Project Manaeer. 3.1 Eneagement. Borrower shall enter into a contract (the "Proiect Manager Contract") on terms approved by Lender, with a Project Manager (the "Project Manager") designated and approved by Lender. as Lender shall in its sole discretion determine, to orchestrate and oversee the design (including layout) and construction of the Alterations, as well as the procurement of permits and licenses required for the operation of the Facility. 32 Compensation of Protect Manaeer. Lender wilt pay from its own funds (and not from the proceeds of the Loan) up to 517,000 (the "Project Manager's Allowance") of the total fees charged by the Project Manager pursuant to the Project Manager Contract (the "Project Manager's Fee"). The Project Manager's Allowance shall be disbursed by Lender either directly to the Project Manager upon receipt of an invoice from the Project Manager. or as reimbursement to Borrower for funds advanced by Borrower upon Borrower's submission to Lender of evidence of payment (re: invoice marked "paid', copy of cancelled check or other evidence of payment satisfactory to Lender). In addition, a portion of the proceeds of the Loan in the amount of Eighteen Thousand Dollars (S18.000) shall be allocated to pay for any Project Manager's Fee in excess of the Project Manager's Allowance and shall be disbursed to the Project Manager in accordance with the teens of the Project Manager Contract. Borrower acknowledges that the total Project Manager's Fee may he in excess of the amount paid by Lender and the amount allocated from the proceeds of the Loan. Borrower shall be responsible for any unpaid Project Manager's Fee. 4. Covenants of the Borrower. Borrower promises to keep each of the covenants set forth below. unless Lender has waived compliance in writing. 4 1 Commencement and Completion of Improvements. Borrower shall obtain building. permits and commence construction of the Alterations no later than I ; days atter the Closing Date. Borrower shall complete the construction of the Alterations and obtain a certificate of completion or a certificate of occupancy from the appropriate governmental authority (as determined by Lender) by not later than . .. . . Borrower shall open for business by \ e _ •. Borrower's failure to observe any of the deadlines set forth in this Section 4.1 shall be an Event of Default and shall not be subject to the rare period set forth in Section 5.9 below. 4 2 Permits. 1.icenses and Approvals. Borrower shall construct the 'alterations in a good and workmanlike manner in accordance with sound building practices as well as the Plans and all applicable laws pertaining to such construction.. Borrower shall properly obtain. comply with and keep in effect all permits. licenses 6 Facility Number 82498 Customer Account Number 0991851 and approvals which are required to be obtained from governmental bodies in order to construct and occupy the .AIter,atons arid operate the Store. 4.3 Sire Visite (a) Lender, Project Manager and their respective agents and represen.tat:ves shall have rhe right at any reasonable time to enter and visit the Property for the purposes of performing an appraisal. observing the yvork of construction. examining all materials and determining whether such work conforms with the Plans approved by I ender bender shall also have the right to examine. copy and audit the hooks. records. accounting data and other docurttertts of Borrower and its contractors which relate to the Property or construction of the Alterations, In each instance. Lender shall give Borrower reasonable notice before entering the Property. Lender shall make reasonable efforts to avoid interfering with Borrower's Store operations. (b) Lender is under no duty to visit the Property or to supervise or observe construction or to examine any books or records. Any site visit, observation or examination by Lender shall be solely for the purpose of protecting Lender's rights and interests. No site visit. observation or examination by Lender shall impose anv liability on I.ender or result in a waiver of any default of Borrower. In no event shall any site visit, observation or examination by Lender be a representation that there has been or shall be compliance with the Plans, that the construction is free from defective materials or workmanship. or that the construction complies with anv other applicable law. 4.4 Protection Against Lien Claims. Borrower shall promptly pay or otherwise discharge all claims and liens for labor done and materials and services furnished in connection with the construction (lithe Alterations. Borrower shall have the right to contest in good faith any claim or lien, pro'. ided that it does so diligently and without prejudice to Lender or delay in completing the Alterations. 4.5 Payment of Expenses. Borrower shall pay Lender's costs and expenses incurred in connection with any revisions. extensions, renewals or"workouts" of the Loan, and in the exercise of any of Lender's rights or remedies under this Agreement. 4.6 Financial information. Borrower shall keep true and correct financial hooks and records lin a cash basis pertaining to Gross Sales and to the construction of any Alterations. Upon request of Lender front time to time, Borrower shall deliver balance sheets and income statements to Lender for itself and the Store, together with a statement showing all changes in the financial condition of Borrower and the Store which occurred during the preceding Contract Year. These financial statements may be Borrower prepared. Borrower shall also furnish to [.ender upon request signed copies of any tax returns and such other information as Lender may reasonably request concerning its affairs and properties. 4.7 Notices. Borrower shall promptly notify Lender in writing of: la) Any litigation affecting Borrower or any guarantor, where the amount claimed is Fifty Thousand Dollars (S50,000) or more: (b) Any communication. whether written or oral, that Borrower may receive From any governmental. judicial or legal authority, giving notice of any claim or assertion that the Store. the Property or .toy Ir;r trio!, fail in any respect to comply with any applicable governmental law_ (c) Any default by the Project Manager, Contractor or any subcontractor. material supplier or surety: and (d) Any material adverse change in the physical condition of the Property (including any damage suffered as a result of earthquakes or floods). or in Borrower's or any guarantor's business condition ( financial or otherwise I, operations, properties or prospects. 7 Facility Number 824M Customer Account Number 0991851 4 8 Indebtedness. Except as otherwise provided under the Loan Documents. Borrower not create. incur or assume any indebtedness, commitment or other obligation for borrowed money without the express prior written consent of Lender. 4.9 Performance of Acts. Upon request by Lender, Borrower shall perform ail acts which may be necessary or advisable to perfect any lien or security interest provided for in the Loan Documents or to carry out the intent of the loan Documents. 4.10 insurance. (a) Borrower shall provide, maintain and keep in force at ail times prior to repayment of the Loan. rhe insurance required by Section 2.1 above and by the Disbursement Agreement. Also at all such times, Borrower shall provide. maintain and keep in force any and all additional insurance that Lender in its reasonable iudgment may from time to time require, against insurable hazards which at the time are commonly insured against in the case of property similarly situated. Such additional insurance may include flood insurance as required by federal la:, and earthquake insurance as required by Lender. At Lender's request, Borrower shall supply Lender with an original of any policy or a certificate of coverage. (b) All policies of insurance required under this Agreement and the Disbursement Agreement shall he issued by companies approved by Lender having a minimum A.M. Best's rating of A:IX. The limits, coverage, forms, deductibles, inception and expiration dates and cancellation provisions of all such policies shall be acceptable to Lender. In addition. each required property insurance policy shall contain a Lender's Loss Payable Form (Form 438 BFU or equivalent) in favor of Lender, and shall provide that all proceeds he payable to Lender to the extent of its interest. An approval by Lender is not. and shall not be deemed to he, a representation of the solvency of any insurer or the sufficiency of any amount of insurance. (c) Each policy of insurance required hereunder and under the Disbursement Agreement shall provide that it may not be modified or cancelled without at least thirty (30) days' prior written notice to Lender. When any required insurance policy expires. Borrower shall furnish Lender with proof acceptable to Lender that the policy has been reinstated or a new policy issued, continuing in force the insurance covered by the policy which expired. Borrower shall also famish Lender with evidence satisfactory to Lender that all premiums for such policy have been paid within thirty (30) days of renewal or issuance. It Lender fails to receive such proof and evidence. Lender shall have the right, but not the obligation, to obtain current coverage and advance funds to pay the premiums fur it. Borrower shall repay Lender immediately on demand for any advance for such premiums. which shall be considered to be an additional loan to Borrower bearing interest at the Default Rate and secured by the Deed of Trust and which shall not be subject to forgiveness in accordance with Section 1.5 above. 4.11 Processing Fee. Borrower shall pay to Lender upon execution of this Agreement by Burrower a processing fee in the amount of 55.0011. 5. Events of Default. The occurrence of any of the following events shall constitute an "Event of Default" hereunder: 5.1 The Borrower assigns this .Agreement or any of the other Loan Documents to a third party w ithour the prior written consent of Lender: or 5.2 The Borrower assigns the CD Store Agreement to a third party without the prior wzitten consent of Lender; or 5.3 The Borrower fails to observe any of the deadlines set forth in Section 4.1 above or. after conunencinu operations, there occurs a cessation of operations at the Store for thirty (30) consecutive days; or There shall occur a "Transfer- (defined below1 without Lenders prior written consent; or 8 Facility Number: 82498 Customer Account Number 0991851 5.5 The CD Store Agreement is terminated by either Lender or Borrower prior to the end of Its sta:ed term; or 5.6 Borrower fails to enter into a Project Manager Contract on terms approved by Lender) prior to commencing construction of the Alterations or Borrower falls to utilize the Protect Manager for the duties de s,rihed ,n Section_ 1. 5.7 There shall occur a default or "Event of Default' under the Project Manager Contract or any contract entered into by Borrower with the Architect, Engineer ar Contractor; or 5.g Borrower fails to make any payment due under the Loan Documents within five t 5 ) business days atter the date when due; or i.9 Borrower fails to comply with any provision contained in this Agreement mbar than those provisions elsewhere referred to in this Section 5 and does not cure that failure within thirty (30) days atter written notice from Lender: or 5.10 Any representation or warranty made by Borrower in the Loan Documents or in any Pay Voucher. financial statement or document delivered pursuant to this Agreement, or in connection with the making of any Disbursement. shall prove to have been incorrect, untrue or misleading in any material respect when made; 5.11 A default or "Event of Default" shall have occurred under any of the other Loan Documents; or 5.12 [her:: shall occur a default or event or default under that certain klen urandurn or 1.ease dated .)anuarr t. 2001 and Asiiignment of Tenant's Inrere't L nder Lease 1 oacther with landlord Consent dated November 5, 22002 by and between Borrower and r.,reat W acro \1 rt aw; or 5.14 The Borrower shall fail to pay when due the principal of or interest on any other indebtedness secured by the Property, or there shall occur any other event that would permit the holder of such indebtedness to accelerate the maturity thereof: or 5.15 The Borrower shall become insolvent, or admit in writing its inability to pay its debts as they mature, or make an assignment for the benefit of creditors. or app[y for or consent to the appointment of a receiver or trustee for it or a substantial part of its property or business, or such a receiver or tnrstee otherwise shall be appointed and shall not be discharged within 30 days idler such appointment, or there shall he instituted by or against Borrower a bankruptcy, insolvency. reorganization or liquidation proceeding and such proceeding shall not he dismissed within 30 days ("Insolvency Proceeding"), or any order, judgment or decree shall be entered against the Borrower decreeing its dissolution, or the Borrower's existence shall otherwise be terminated. 6. Remedies. 6.1 Upon the occurrence of any Event of Default. Lender may, at its option, exercise all remedies and rights available to it under this Agreement, the other Loan Documents and under applicable law or in equity or by starute, including without limitation, the rieht to (i) declare all or any, part of the Obligations to be forthwith due and paable, without presentation, demand. protest or notice of any kind. all of which are hereby \pressly waived by the Borrower: or OF; terminate any obligation of Lender hereunder to make further Disbursements" All of Lender's rights and remedies shall be cumulative. No delay or failure of Lender in the exercise of any right or remedy provided for hereunder shall be deemed a waiver of that right by Lender, and no exercise or partial exercise or waiver of any right or remedy shall he deemed a waiver of any further exercise of such right or remedy or of any other right or remedy that Lender may have. 6.7 Also upon any Event of Default, Lender shall have the rieht in its sole discretion to enter and take possession of the Property, whether in person, by agent ur by court-appointed receiver. and to take any and all actions which Lender in it, ,ole discretion may consider necessary to complete construction of the Alterations. :nclu;,t1r1C making chanes in the Plans, work or materials and-_nterins into, modify ine or rerm,nanne any corertctua[ 9 Facility Number: 8298 Customer Account Number 0991851 arrangements_ all subject to Lender's right at any time to discontinue any work without liability. if Lender chooses to complete the Alterations. it shall not assume any liability to Borrower or any other person for completing the Alterations or for the manner or quality of construction of the Alterations. and Borrower expressly waives any such liability. If lender exercises any of the rights or remedies provided in this subparagraph, that exercise shall not rake Lender, or cause Lender to be deemed to be, a partner or Joint venturer of Borrower. Lender in its sole discretion may choose to complete construction in its own name. All sums which are expended by Lender in completing construction shall he considered to be an additional loan to Borrower bearing interest at the Default Rate, secured by the Deed of Trust and not be subject to forgiveness in accordance with Section l..5. 6.3 For purposes of determining the outstanding balance of the Loan at the time an Event of Default occurs hereunder, forgiveness of principal and interest by Lender pursuant to Section 1. shall be calculated based upon the percentage of the Annual Guaranteed Amount achieved by Borrower through the last day of the calendar month immediately preceding the occurrence of the Event of Default. For example if the CD Store Agreement is terminated by Borrower on May 15, 2003 and the current Contract Year expires December 31, 2003, Lender will calcAtte total Gross Sales during the period January 1, 2003 through April 30. 2003 and compare such total to the Annual Guaranteed Amount. If total Gross Sales during such period equal 33% of the Annual Guaranteed Amount, the outstanding principal balance of the Loan will be reduced by an amount equal to 33% of the annual principal reduction payment due for that Contract Year (determined in accordance with Section 1.5 above). 7. Interest and Late Charges. Borrower hereby acknowledges that late payment by Borrower to Lender of the payments due under this Agreement will cause Lender to incur costs not contemplated by this Agreement, the exact amount of which will he extremely difficult to ascertain. Accordingly, if any payment due from Borrower under this Agreement is not received within five (5) business days after the date on which such payment is due and payable, then without any requirement for notice to Borrower, Borrower shall pay Lender a late charge equal to five percent (5%) of such overdue amount. Borrower and Lender hereby agree that such kite charge represents a fair and reasonable estimate of the costs Lender will incur by reason of late payment by Borrower. Acceptance of such late charge by Lender shall in no event constitute a waiver of Borrower's default with respect to such overdue amount. or prevent tender from exercising any of the rights and remedies granted hereunder. In addition to the foregoing, Borrower agrees to pay interest at the Default Rate on any and all sums due under this Agreement from the payment due date until the date fully paid by Borrower. 8. Transfers. Borrower agrees that. in the event of any "Transfer" (as defined below) without the prior written consent of Lender. Lender shall have the absolute right, at its option.'.sithuut prior demand or notice, to declare the Obligations immediately due and payable. Consent to one such Transfer shall not he deemed to be a waiver of the right to require consent to future or successive Transfers. Lender may grant or deny such consent in its sole discretion and. if consent should be given, any such Transfer shall be subject to all obligations of Borrower under the Loan Documents. and such transferee shall assume all obligations under the Loan Documents and agree to be bound by all provisions contained herein and therein. Such assumption shall not, however, release Borrower or any guarantor from any liability to Lender without the prior written consent of Lender. As used herein, "Transfer' shall mean: tat any sale. transfer, conveyance, hypothecation. encumbrance or lease of the Property or am part thereof or interest therein to any person or entity. whether voluntary. involuntary. by operation of law, or otherwise (except for any deed of trust executed in tavor of F.GI in connection w ith the Citicorp 1 oan); tb) any change of control in Borrower if within rhtrty (30) days after such change of control, Borrower has not paid in full all Obligations ("control- as used herein shall mean the ability to direct the day to day management of the affairs of Borrower): (e) any sale or transfer of greater than ren percent (10°,0) of the direct or indirect ownership interests in BolTower or any consolidation or merger of Borrower (whether voluntarily, involuntarily. by operation of law or otherwise): or td) any sale. lease or other disposal of all or substantially all of Borrower's assets. 10 Facility Number 82498 Customer Account Number 0991851 9. Indemnity Reeardine Construction and Other Risks. Borrower indemnities. defends and holds the indemnified Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from construction of any improvements on the Property. including any defective .workmanship or materials; or any failure to satisfy any requirements of any taws, regulations, recorded covenants. maps. permits or other entitlements that apply or pertain to the Property. or breach of any representation or warranty made or given by Borrower to any of the Indemnified Parties or to any prospective or actual buyer, tenant or other occupant of all or any portion of the Property; or any claim or cause of action of any kind by any party that any Indemnified Party is liable for any act or omission of Borrower or any other person or entity in connection with the ownership. sale, operation or development of the Property. This indemnity shall survive repayment in full of the Obligations. 10. Miscellaneous. 10.1 Amendments. this Agreement may only be amended by a written instrument duly executed by Lender and Borrower. 10.2 Notices. Any notice required or permitted to be given to any party under this Agreement shall he in writing and shall be given by (i) facsimile transmission, (u) certified mail return receipt requested. or (iii) hand delivery, addressed as follows: (a) if to the Borrower: 21'1 Century Oil — Front Company 462 Stevens Avenue, Suite 105 Solaria Beach, CA 92075 Attention: Mr. William J. Zures Facsimile No.: (858) 793-2707 (b) If to Lender: BP West Coast Products LLC P. 0 Box 5077 Buena Park, California 90622-5077 Attention: Contract Dealer Loan Administration Facsimile No.: 714-670-5439 Such notices shall be deemed received (i) upon delivery. if delivered by hand or by facsimile transmission (with confirmation of receipt), or (ii) three days after having been deposited in the U.S. mail, postage prepaid, if mailed. Any party may change its address for notice hereunder by notice given as provided above. 10.3 Counterparts. This Agreement may be executed in two ur more counterpart. each of which shall he deemed an original. and all of which together shall constitute but one agreement. 10.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10.5 Swerability. If any provision of this Agreement is declared invalid. such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated. 10.6 Assignment, Binding Effect. The Loan is not assumable. Borrower may not assign this Agreement, nor delegate any of its duties hereunder. without the prior written consent of Lender. which consent may he emitted or denied in Lenders sole and absolute discretion. Lender may assign all or any part of its rights and interests hereunder. Sub;ect to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 11 Facility Number: 82-198 Customer Account Number 0991851 i0.7 Tax Consequences. Lender makes no representation regarding and assumes no responsibility for the tax consequences to Borrower of any term of this Agreement or the other Loan Documents. Borrower represents and warrants to Lender that it has had an opportunity- to consult with tax counsel prior to executing; the Loan Documents. 10.8 Entire Agreement. This Agreement and the other loan Documents contain all of the agreements and understandings between the parties with respect to the subject matter of this Agreement. All prior oral or written promises, representations. agreements or understandings, express or implied, in connection with the subject matter of this Agreement are expressly merged herein and superseded hereby. 10 9 Attorney's Fees. If any lawsuit reference or arbitration is commenced which arises out of or relates to this Agreement. the Note, the other Loan Documents or the Loan. the prevailing party shall be entitled to recover from the other party such sums as the court, referee or arbitrator may adjudge to be reasonable attorneys' fees in such action, in addition to costs and expenses otherwise allowed by law. In all other situations. including any Insolvency Proceeding, Borrower agrees to pay ail of Lender's costs and expenses, including attorneys' fees. which may be incurred in enforcing or protecting Lender's rights or interests. From the time(s) incurred until paid in toll to Lender, all such sums shall bear interest at the Default Rate. 12 Facility Number 82498 Customer Account Number 0991851 IN WITNESS WHEREOF. the parties h.o.e executed this Agreement on the date first above written. 21" Century Oil— Front Company. :i California corporation 1 Name: William. J. Zures BP WEST COAST PRODLCTS LLC. a Delaware limited liability company • Name: Gar C.Simn Title: Chief Financial Officer Title: Assistant By Name: Kevin .1. Sullivan Title: President Title: Vice President 13 Faculty Number 82498 Customer Account Number 9991951 EXHIBIT A .vans may only be used for am pm store -related ima_e and equipment -based improvements_ the types of qualifying expenditures and the maximum amount permitted to be loaned are noted below-: Description Maximum Amount She Iv ing Package $15.000 Coolers'Frcezers $ 30,000 Ciondolas,Salcs Modules (fast track) S15,000 Counters and Cabinets $40.000 Counter Merchandising System $ 4.400 Soffit Storage System S10.000 Interior Lighting $ 7.000 Store Front System $ 8.000 H VAC $ 35,000 Floor and tiling S 15.000 Plumbing S35,000 Electrical S50,000 OC 335v1 09/2412002 Exhibit A — Page 1 Facibty Number 824y8 Customer Account Number 0991351 EXHIBIT B SECURED PROMISSORY NOTE [Attached] Exhibit B — Page 1 OC 335v1 09/24/2002 Facility Number 82493 Customer Account Number' 0941851 EXHIBIT C SCHEDULE OF LOAN DOCUMENTS 1 I nan Agreement Secured Promissory Note 3. Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing 4. UCC -1 Financing Statement S. Environmental Indemnity 6. Environmental Questionnaire 7. Senior Lender's Consent to Encumbrance and Request for Notice of Default 8. Guaranty executed by William 1 and Margaret A. Lures; Kevin 1 and Karen S Si.iilivan; and Timothy 0. and Angela 1 Finnerty 9. !Memorandum of Lease 1 Memorandum of Contract Dealer Gasoline A_reement 1 I awpm Mini !s-larket Agreement Exhih t C — Page «C, ' ' 1 79'24r2CO2 335v1 X39/24/2002 Facility Number• 82498 Customer Account Number. 0991851 EXHIBIT D FORM OF DISBURSEMENT AGREEMENT lAttached1 Fxhihit D - Page 1 SECURED PROMISSORY NOTE (am/pm Mini Market) FOR VALUE RECEIVED, 21" Century Oil — Front Company, a California corporation. (hereinafter referred to as "Borrower") hereby promises to pay to BP WEST COAST PRODUCTS LLC, a Delaware limited liability company (hereinafter referred to as "Lender"), or order, on or before , the principal sum of One Hundred Fifty Thousand and No/100 Dollars ($150.000) fthe "Maximum Loan Amount"), or so much of that sum as may be advanced under this promissory note ("Note"), phis interest as specified below. This Note evidences a loan ("Loan") from Lender to Borrower. 1. This Note is secured by a Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing ("Deed of Trust") covering certain real and personal property, as therein described (the "Property"). It may also be secured by other collateral_ This Note and the Deed of Trust are two of several Loan Documents, as defined and designated in that certain Loan Agreement ("Loan Agreement") between Lender and Borrower. Some or all of the Loan Documents. including the Loan Agreement, contain provisions for the acceleration of the maturity of this Note. Capitalized terms used herein have the meanings assigned to them in the Loan Agreement, unless otherwise defined herein 2. The unpaid principal balance of this Note from day to day outstanding, which is not past due, shall bear interest at a fixed rate of interest equal to three point seventy five percent (3.75%) per annum.' Interest will be payable in arrears on an annual basis beginning on the First Anniversary Date and on each successive anniversary of such date during the term of the Loan. Borrower shall also make annual principal reduction payments as provided in the Loan Agreement. Principal and interest are subject to annual forgiveness in accordance with the terms and conditions set forth in the Loan Agreement. 3. All payments of this Note shall be made in lawful money of the United States of America in immediately available funds at Lender's offices at 4 Centerpointe Drive, Suite 300, La Palma, California 90623-1066, Attention: Contract Dealer Loan Administration, or at such other place or to such account as the holder hereof shall have designated to Borrower in writing. 4_ All principal and all accrued and unpaid interest shall be due and payable no later than the date which is fifteen (15) years following the Business Open Date ("Maturity Date"). 5. Lender shall not be required to make any advance if that would cause the outstanding principal of this Note to exceed the Maximum Loan Amount. 6. Lender is hereby authorized by Borrower to endorse on the schedule attached hereto or on an alternate schedule which will be provided to Borrower, (i) the amount of each Disbursement made to or for the benefit of Borrower pursuant to the Loan Agreement, (ii) the date such Disbursement is made, (iii) the amount of each repayment or prepayment of principal received by Lender, and (iv) the amount of any forgiveness of principal in accordance with the Loan Agreement; provided, however. that any failure by Lender to make any such endorsement shall not affect the obligations of Borrower hereunder or under the Loan Agreement. 7 Borrower may prepay the principal balance of this Note, in whole or in part, at any time without penalty. 8. if Lender has not received the full amount of any payment, other than the final principal payment, by the end of five (5) business days after the date when due. Borrower shall pay a late charge to Lender in the amount of five percent (5%) of the overdue payment. In addition to the foregoing, Borrower I'he interest rate currently approved for CD Loans is 5% per annum but is subject to change. The BP tax department should be consulted prior to each loan closing to verify the current interest rate approved for BPWCP CD loans. 1 agrees to pay interest on any and ail sums due under this Note from the payment due date until the date fully paid by Borrower, such interest to accrue at a rate of interest equal to the "prime rate" (as reported by the Wall Street Journal) plus two percent (2%) per annum but in no event greater than the maximum amount permitted by law (the "Default Rate"). 9. From and after maturity of this Note (whether upon the Maturity Date, by acceleration or otherwise), all sums then due and payable under this Note, including all unpaid principal. accrued interest and any other sums outstanding hereunder, shall bear interest until paid in full at the Default Rate. Compounding of interest may result if outstanding interest hereunder accrues interest at the Default Rate. 10. If any of the following "Events of Default" occur. any obligation of the ho:der to make advances under this Note shall terminate, and at the holder's option, exercisable in its sole discretion. all ;isms of principal and interest under this Note shall become immediately due and payable without notice of default. presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind or character: (a) Borrower fails to perform any obligation under this Note to pay principal. interest or other amounts due, and does not cure that failure within five (5) business days after the date when due: or (b) Under any of the Loan Documents, a default or "Event of Default" (as defined in that document) occurs. (c) Borrower becomes the subject of any proceeding arising under I I U.S.C. ('Insolvency Proceeding'). 1 1. If any lawsuit, reference or arbitration is commenced which arises out of or relates to this Note. the Loan Documents or the Loan. the prevailing party shall be entitled to recover from each other party such sums as the court, referee or arbitrator may adjudge to be reasonable attorneys' fees in such action, in addition to costs and expenses otherwise allowed by law. In all other situations, including any Insolvency Proceeding, Borrower agrees to pay all of Lender's costs and expenses, including attorneys' fees. which may be incurred in enforcing or protecting Lender's rights or interests. From the time(s) incurred until paid in full to Lender, all such sums shall bear interest at the Default Rate. 12. This Note is governed by the laws of the State of California, without regard to the choice of law rules of that State. 13. Borrower agrees that the holder of this Note may accept additional or substitute security for this Note, or release any security or any party liable fur this Note, or extend or renew this Note, all without notice to Borrower and without affecting the liability of Borrower. 14. If Lender delays in exercising or fails to exercise any of its rights under this Note, that delay or failure shall not constitute a waiver of any of Lender's rights. or of any breach. default or failure of condition of or under this Note. No waiver by Lender of any of its rights, or of any such breach, default or failure of condition shall be effective, unless the waiver is expressly stated in a writing siened by Lender. All of Lender's remedies in connection with this Note or under applicable law shall be cumulative. and Lender's exercise of any one or more of those remedies shall not constitute an election of remedies. 15. This Note inures to and binds the hears. legal representatives, successors and assigns of Borrower and Lender: provided, however, that Borrower may not assign this Note or any Loan funds, or assign or delegate any of its rights or obligations under the Loan Documents, without the prior written consent of Lender in each instance. Lender in its sole and absolute discretion may. at any time, sell. transfer, or assign this Note, the Deed of Trust and the other Loan Documents 16 If more than one person or entity are signing this Note as Borrower. their ohGeations under this Note shall be joint and several. IN WITNESS WHEREOF. this Note has been duly executed and delivered by Borrower as of the date set forth above. 21" Century. Oil - Front Cornpanv, a California corporation By la( Name: William 1 Zuree Title: Chief Financial Officer Name: Kevin 1 Sullivan Title: President By moi (.41[sr Name: Timor. Finnerty Title: Vice President 3 PROMISSORY NOTE LOAN ,AND PAYMENT SCHEDULE Principal Amount of Loan S150,000.011 DR .“S Dt)l4NC FORGIVENESS/REPAY \1EtiT PREPAYMENT (F, R, P) LOAN BALANCE; ( With Interest) DATE AMOUNT DATE AMOUNT T Y P E AMOUNT 1 1 SI 0.000.00 5140,00.00 2 2 S10.000.00 S130,000.00 3 $ 10.000.00 S ! 20,000.00 4 4 S 10,000.00 S ! 10.000 00 5 5 S 11).000.00 5100,000.00 6 6 10.000 00 S 00,000.00 7 7 510,000.00 5 80,000.00 8 S10,000.00 1 e SI 0,000.00 0.00 5 50,0011-011 10 1 I l 1 1 S 40.000.00 12 17 510,Ui11L00 5 30,000.00 13 13 14 14 S 10.000.00S- 510.000.00 � � S 0.00 15 15 4 EXHIBIT "F" Form of Lease Agreement LEASE AGREEMENT BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) This Lease Agreement ("Lease") Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04- 08) is dated and entered into as of , 2013 ("Effective Date") by and between the City of Temecula, a municipal corporation ("City" or "Landlord") and Front St. — Service Station, LP, a California Limited Partnership ("Tenant"). The City and Tenant are referred to below collectively as the Parties. Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises described below, subject to and in accordance with the terms and conditions set forth below. Section 1. Basic Lease Information. The Basic Lease Information, which is attached to this Lease as Exhibit "A" is incorporated into this Lease by this reference. Section 2. Premises. Landlord leases to Tenant and Tenant leases from Landlord on the terms and conditions contained in this Lease the Premises, which consists of that certain track of parcels located in the City of Temecula, County of Riverside, California commonly known as 44987 Old Town Front Street, Temecula, California 92590, and identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059, together with the buildings, structures and improvements pertaining to the realty on these parcels (referred to below collectively as the "Premises"). The Premises are described in the Basic Lease Information, a copy of which is attached as Exhibit "A-1" to this Lease and incorporated herein by this reference. The Premises include the Buildings/Structures described in the Basic Lease Information, the real property upon which the Building stands, common areas, driveways, walkways and other amenities appurtenant to or servicing the Building or Structures, and the improvements pertaining to the realty. A. Demise. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject in each case to: (a) all covenants, conditions, restrictions, easements and other matters of record and any other matters affecting title thereto (including matters visible upon inspection or that would be revealed by an ALTA survey), and (b) the terms and conditions hereinafter set forth. B. Condition of Premises. Tenant acknowledges that it has had full opportunity to investigate the Premises and has full knowledge of the condition of the Premises. Tenant accepts the Premises in its current "AS -IS" condition, with all faults, as of the execution of this Lease. Except as expressly provided herein, Tenant acknowledges that neither Landlord nor any official, agent, employee, attorney, or representative of Landlord has made any F-1 representation, express or implied, as to the condition of the Premises or the suitability of the same for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Premises and is not relying on any express or implied representations of Landlord, its officials, agents, employees, attorneys, representatives, or any broker with respect thereto. Section 3. Term, Holdover, and Surrender. A. Term. Landlord will lease to Tenant the Premises on a month-to-month basis commencing on the date of the Close of Escrow ("Commencement Date") as defined in the Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP ("Purchase and Sale Agreement"), which is incorporated herein by this reference. Pursuant to Section 4 of said Purchase and Sale Agreement, Tenant may continue to occupy the Premises from the date of the Close of Escrow until the City issues to Tenant a 90 -day written Notice to Vacate. The Termination Date is the 90th day after the City's issuance of the 90 -day Notice to Vacate. 1. The Premises will be deemed tendered to Tenant and acceptable for occupancy in the condition in which they exist as of the Commencement Date, and, except as otherwise expressly provided herein, the Landlord will have no obligation to undertake or complete any repair or construction of or modification thereto during the Term. Within ten (10) days after written request from Landlord, Tenant will execute and return to Landlord an acknowledgement of the Commencement Date of the term of this Lease. 2. Tenant may terminate this Lease at its option upon thirty (30) days prior written notice to Landlord. 3. Landlord may terminate this Lease upon the issuance of a 90 -day written Notice to Vacate. B. Holdover. If Tenant holds over, after the expiration or earlier termination of the Lease Term, or otherwise fails to comply with Section 3.A. above or Section 11 below, without the express written consent of Landlord, Tenant shall become a tenant at sufferance only. Acceptance by Landlord of rent or any other payment after such expiration or earlier termination of this Lease shall not constitute Landlord's consent to a holdover hereunder or result in a renewal. The provisions of this Section 3.B. shall not be deemed to limit or constitute a waiver of Landlord's right of re-entry or any rights of Landlord under this Lease or otherwise provided by law or equity. C. Surrender. At the expiration of the Term as discussed above in Section 3.A. or earlier termination of this Lease, Tenant shall, at its sole cost and expense, deliver the Premises to Landlord in similar or better condition and repair as Tenant received the Premises, ordinary wear and tear excepted. Tenant shall remove and dispose of all gasoline, and stored and used by the business operated on the Premises in accordance with applicable laws. Tenant shall deliver the Premises broom clean and shall remove all of the Tenant -Owned Property (as defined in Section 12.D.). Accordingly, Tenant agrees to vacate the Premises on the 90th day after the City's issuance of the 90 -day Notice to Vacate, unless Tenant F-2 terminates the Lease earlier as provided above. Tenant will vacate and deliver the Premises to the City in good order and condition immediately on the Termination Date and deliver the keys to the City of Temecula. Tenant will pay all closing utility bills up to, and including, the Termination Date. If Tenant fails to surrender the Premises or to otherwise comply with Section 11 hereof upon the expiration or earlier termination of this Lease without Landlord's express written consent, Tenant shall indemnify and hold Landlord harmless from all loss, liability, cost, damage and expense, including without limitation, actual and reasonable attorneys' fees and costs, arising from or relating to Tenant's failure to surrender or to otherwise comply with Section 11 hereof, including, without limitation, any and all costs relating to eviction proceedings, any claim made by any succeeding tenant, founded on or resulting from such failure to surrender. Section 4. Rent. A. Definition of Rent. Rent includes all monetary obligations of Tenant to Landlord under the terms of this Lease, including but not limited to Base Rent as defined below, late charges, interest, insurance premiums, and real estate taxes (collectively "Rent"). B. Base Rent. Tenant's Base Rent as of the Commencement Date is $16,600.00 (Sixteen Thousand Six Hundred Dollars) per month, without deduction, offset or abatement on the first business day of each calendar month during the term of this Lease, prorated for any partial calendar month at the commencement or end of the Lease Term. Section 5. Triple Net Lease. It is the purpose and intent of Landlord and Tenant that all Rent payable to Landlord under this Lease will be absolutely net of all costs and expenses to Landlord that relate in any way to the Premises, including, without limitation, any and all maintenance, repair, utility and operation costs and that Tenant will be solely responsible for such costs and expenses unless otherwise expressly provided in this Lease. Tenant will be solely responsible for arranging for the delivery and payment of all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises. Section 6. Use. Tenant will use the Premises only for those purposes for which Tenant used the Premises on the Commencement Date. This use includes the gasoline sales, am/pm convenience market and self -serve car wash. Section 7. No Material Change. From the Commencement Date to the Termination Date, Tenant shall (i) continue to conduct the business operated on the Premises in the ordinary course, customary to the normal operations and not take any action that would result in a material adverse change in the Premises or the moveable fixtures and equipment, or their respective value; (ii) inform Landlord of all material changes or circumstances affecting the business operated on the Premises or affecting the Premises or the moveable fixtures and equipment; and (iii) not enter into any material contracts or commitments to incur any indebtedness regarding the Premises or the moveable fixtures and equipment without Landlord's prior written approval. Section 8. Taxes and Impositions. Tenant will pay and discharge before the day when the same become delinquent, any and all taxes, assessments, rates, charges, license fees, F-3 municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature or kind which may now or hereafter be levied, assessed, charged or imposed against or which may become a lien or charge upon the Premises or any part thereof, or upon Tenant's estate hereby created or upon Landlord by reason of its ownership of the fee underlying this Lease (collectively, "Impositions"). Landlord will have no obligation to pay or discharge any Imposition or any penalties or interest resulting from late payment, except to the extent that Landlord did not provide Tenant sufficient information for the timely payment of any Imposition, penalty or interest not less than 30 calendar days prior to the date that such payment would become delinquent. A. Taxes on Business. Landlord will incur no liability with respect to, or on account of, and Tenant will retain all liabilities for, and on account of, any federal or state income taxes with respect to the business operated on the Premises. Tenant warrants that it has never been delinquent on any taxes, assessments or other government changes due to any Governmental Entity in connection with the business operated on the Premises or the Premises. 13. Proration of Taxes. All of the taxes, assessments, charges, imposts and levies of any nature whatsoever that will relate to a fiscal year during which the Lease Term (and Extension term, if applicable) will commence or terminate, will be prorated between Landlord and Tenant as of the commencement or termination date, as applicable. C. Evidence of Payment. Within fifteen (15) calendar days after written request of Landlord, Tenant will obtain and deliver to Landlord evidence of payment of all Impositions, including, without limitation, receipts or duplicate receipts. D. Duty to File Declarations. Tenant alone will make or file any declaration, statement or report which may be provided or required by law as the basis of or in connection with the determination, equalization, reduction or payment of any and every Imposition which is to be borne or paid or which may become payable by Tenant under the provisions of this Section 8, and Tenant will promptly give Landlord copies thereof. Landlord will not be or become responsible to Tenant therefore, nor for the contents of any such declaration, statement or report. E. Payment Through Landlord. In case any person or entity to whom any sum is directly payable by Tenant under this Section 8 will refuse to accept payment of such sum from Tenant, and Tenant knows or has reason to believe that its payment will be refused, Tenant will pay such sum directly to Landlord not less than 15 calendar days prior to its being due, and Landlord will thereupon pay such sum to such person or entity. Landlord will not be responsible for any late charge or penalty that may be assessed in connection therewith. F. Personal Property. Throughout the Lease Term, Tenant will pay and discharge, when and as the same become due, directly to the taxing authority, all taxes, assessments and other charges imposed or levied upon any personal property situated in, on or about the Premises. Tenant will use commercially reasonable efforts to cause such personal property taxes to be levied or assessed separately from the Premises. Section 9. No Nuisance. Tenant will not allow, suffer or permit the Premises or any F-4 use thereof to constitute a nuisance. Section 10. Compliance with Laws. During the term of this Lease, Tenant, at Tenant's sole expense, will comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises, the business operated on the Premises by Tenant, and Tenant's use or occupancy thereof, including, without limitation, all laws pertaining to employees of the Tenant, the law commonly known as the Americans With Disabilities Act, all applicable laws and permits for gasoline businesses, and Environmental Laws as defined in this Section. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. section 7401 et seq.; the Clean Water Act, 33 U.S.C. section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. section 1401 et seg.; the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.; the Noise Control Act, 42 U.S.C. section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. section 9601 et seq. as amended by the Superfiind Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. Section 11. Hazardous Materials. A. Except for the gasoline stored, delivered and sold in connection with the gasoline business operated by Tenant on the Premises, Tenant will not cause or suffer or permit any Hazardous Material, as defined below, to be brought upon, kept, used, in or about the Premises by Tenant or any of Tenant's agents. Tenant shall comply with all applicable laws and permits in connection with the gasoline, mini market and self -serve carwash business operated on the Premises. B. During the Term, Tenant shall not cause or suffer or permit any Hazardous Material, as defined below to be deposited, leaked or discharged on the Premises by Tenant or any of Tenant's agents. If Tenant breaches the obligations stated in this Section 11., or if the presence of any Hazardous Material on the Premises caused or suffered or permitted by Tenant or any of Tenant's agents results in contamination of the Premises during the Term, or if contamination of the Premises by any Hazardous Material otherwise occurs during the Term, then Tenant will indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Premises, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification will include, without F-5 limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises required by governmental authorities having jurisdiction with respect to such contamination. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls. Section 12. Alterations and Tenant Owned Property. A. Alterations. During the Term, Tenant will not make or cause to be made any material alterations, additions or improvements in or to the Premises (herein collectively called "Alterations") without first obtaining Landlord's written consent thereto. Landlord's consent may be withheld in Landlord's sole discretion if Alterations will affect the structure of the Building or its electrical, mechanical, heating, ventilating, air conditioning, life safety or plumbing systems (the "Building Systems"); otherwise, Landlord's consent will not be unreasonably withheld. Notwithstanding the foregoing, the Landlord's consent to Alterations of the Building Systems will not be unreasonably withheld if such Alterations are for the purpose of maintaining Tenant's existing business capabilities. B. Improvement Pertaining to the Realty. All Alterations to the Premises will become the property of Landlord, and will be surrendered to Landlord, upon the expiration or earlier termination of this Lease. Pursuant to the Purchase Agreement, Tenant has received compensation for the fair market value of the improvements pertaining to the realty described in the Summary Appraisal Report of Improvements Pertaining to the Realty and Movable Fixtures and Equipment of Front Street Service Station, LP (Arco Facility Number 82498) Located at 44987 Old Town Front Street, Temecula prepared by Hodges Lacey & Associates, LLC that used an effective date of value of January 20, 2012 ("Hodges & Lacey FF&F; appraisal"), except for the $9,000.00 fair market value of the security cameras identified in the Hodges & Lacey FF&E appraisal that Tenant shall retain. Except for these security cameras, Tenant shall not remove from the Premises any improvements pertaining to the realty described on Exhibit "B" hereto at the expiration or sooner termination of this Lease. C. Moveable Fixtures and Equipment. Pursuant to the Purchase Agreement, Tenant has received compensation for the $31,715.00 fair market value of the moveable fixtures and equipment described on Exhibit "C" hereto. Tenant conveyed these moveable fixtures and equipment to Landlord pursuant to a Bill of Sale. Accordingly, Tenant shall not remove from the Premises any of the moveable fixtures and equipment described on Exhibit "C" at the expiration or sooner termination of this Lease. D. Removal of Tenant Owned Property. Tenant shall remove the moveable fixtures and equipment and personal property that belong to Tenant (collectively "Tenant Owned Property") at the expiration or sooner termination of this Lease. Lease. E. Tenant's obligations under this Section will survive any termination of this F-6 Section 13. Repairs and Other Work. A. Tenant 's Obligations. Tenant will at all times during the Term of this Lease maintain the Premises and the moveable fixtures and equipment described on Exhibit "C" in the same condition in which they exist as of the Commencement Date, ordinary wear and tear and casualty excepted. Except as otherwise specifically set forth herein, Landlord will not be liable for, and there will be no abatement of rent, with respect to, any injury to or interference with Tenant's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, the moveable fixtures and equipment described on Exhibit "C" or in or to the fixtures, appurtenances and equipment therein. B. Conditions Applicable to Repairs and Other Work. All repairs, replacements, and reconstruction (including, without limitation, all Alterations) made by or on behalf of Tenant or any of Tenant's agents during the Term will be made and performed (a) at Tenant's cost and expense, (b) by reputable contractors or mechanics reasonably approved by Landlord, (c) in such manner as to be at least equal in quality of materials and workmanship to the original work or installation, (d) in accordance with such reasonable requirements as Landlord may impose with respect to insurance and bonds to be obtained by Tenant in connection with the proposed work, and (e) in compliance with such other requirements as Landlord may reasonably impose (including without limitation a requirement that Tenant furnish Landlord with as -built drawings upon completion of the work). Section 14. Liens. Tenant will keep the Premises, improvements pertaining to the realty and the moveable fixtures and equipment not owned by Tenant free from any liens during the term of the Lease, except to the extent caused by Landlord. In the event that Tenant will not, within 15 calendar days following notice of the imposition of any such lien, cause same to be released of record by payment or posting of a bond fully satisfactory to Landlord in form and substance, Landlord will have, in addition to all other remedies provided herein and by law, the right (but not the obligation) to cause the lien to be released by such means as Landlord will deem proper, including, without limitation, payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith will be considered rent and will be payable by Tenant within 30 days after demand. Landlord will have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or that Landlord will deem proper for the protection of Landlord, the Premises and any other party having an interest therein, from liens or claims of contractors, subcontractors, suppliers, engineers, architects, surveyors, or others that may have lien rights of work performed on the Property during the Term. In addition to all other requirements contained in this Lease, Tenant will give to Landlord at least five business days' prior written notice of commencement of any construction on the Premises. Section 15. Inability to Perform. Except to the extent expressly provided herein, if, by reason of acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or any other cause or event beyond Landlord's reasonable control, Landlord is unable to fulfill or is delayed in fulfilling any of Landlord's obligations under this Lease or any collateral instrument, no such inability or delay will (1) constitute an actual or constructive eviction, in whole or in part, (2) entitle Tenant to any abatement or diminution of rent, (3) relieve Tenant from any of its obligations under this Lease, or (4) impose any liability upon Landlord or F-7 its agents by reason of inconvenience or annoyance to Tenant or by reason of injury to or interruption of Tenant's business, or otherwise. Section 16. Damage and Destruction. A. Rights and Obligations. If the improvements now located on the Premises or any part of the Premises are damaged by fire or other casualty, Tenant will diligently restore said improvements to their condition prior to the damage, at Tenant's sole cost and expense. B. Non -Application of Certain Statutes. The provisions of this Lease constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, or any other portion of the Premises. Any statute or regulation of the State of California or any other governmental authority or body, including, without limitation, Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code, with respect to any rights or obligations concerning any such damage or destruction, will have no application to this Lease or any damage or destruction to all or any part of the Premises or any other portion of the Building and/or Structures. Section 17. Insurance. A. Insurance on Tenant's Property. Tenant will during the Term provide insurance coverage for all risks of physical loss or damage insuring the full replacement value of Tenant's trade fixtures, furnishings, equipment, inventory and all other items of personal property of Tenant. B. Tenant's Responsibility to Maintain Insurance on Premises. Tenant will maintain or cause to be maintained, at its sole cost and expense, the following insurance with respect to the Premises: 1. Liability Insurance. Comprehensive general liability insurance against any and all liability of the insured for personal injury, death, or property damage with respect to or arising out of the ownership, maintenance, use or occupancy of the Premises, and all operations incidental thereto including, but not limited to, structural alterations, new construction and demolition, including a broad form commercial general liability endorsement covering the insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set forth in this Lease, the insurance to have limits of not less than $5,000,000.00 (Five Million Dollars) for bodily injury, personal injury and property damage liability. 2. Worker's Compensation Insurance. Worker's Compensation insurance covering all persons employed by Tenant in the conduct of its business on the Premises, or as required by law from time to time. 3. Special Cause of Loss. "Special Cause of Loss" property insurance on the improvements in an amount not less than the full insurable value on a replacement cost basis of the improvements on the Land and Tenant's trade fixtures. During all construction periods, such policy will be written in the so-called `Builder's Risk Completed F-8 Value Non -Reporting Form" with no coinsurance requirement and will contain a provision granting the insured permission to complete. C. Policy Requirements. All insurance required under this Lease will: (a) have the City of Temecula, Successor Agency of the Temecula Redevelopment Agency and the Temecula Community Services District, their officers, officials, employees and volunteers named as additional insured; (b) state that the insurance afforded to each of the above-named insureds will be primary insurance and any other valid and collectible insurance available to either of the insureds will be excess insurance and under no circumstances will be considered contributory; (c) provide that coverage will not be revised, canceled or reduced until at least 30 calendar days written notice of such revision, cancellation or reduction has been given to Landlord (except in the event of cancellation for nonpayment of premium, which notice will be provided at least ten calendar days prior to cancellation); and (d) be issued by insurance companies which are qualified to do business in the State of California and having a rating of not less than A.M. Best Rating of A -:VII. D. Blanket Policy. Any or all insurance required under this Lease may be part of a blanket policy or policies of insurance maintained by Tenant covering the risks to be insured against under this Lease so long as the coverage required under this Lease is not diminished. E. Right of Landlord to Obtain Insurance. Prior to the Commencement Date, and thereafter not less than 30 calendar days prior to the expiration date of each policy theretofore furnished pursuant to this Section 17, Tenant will deliver to Landlord, in the manner required for notices, copies or certificates of all insurance policies required by this Lease or, alternatively, proof acceptable to Landlord that such insurance has been or will be obtained prior to the Commencement Date or the expiration date of such policies, as applicable. If Tenant fails or refuses to procure or to maintain insurance as required by this Lease, or fails or refuses to furnish Landlord with proof acceptable to Landlord that the insurance has been or will be procured within five business days following Landlord's demand for such proof, Landlord will have the right, at Landlord's election, to procure and maintain such insurance, in addition to all other rights and remedies Landlord may possess on account of such default. The premiums paid by Landlord in such event will be treated as rent due from Tenant to be paid on the first day of the next month following the date on which the premiums were paid, with interest at a rate equal to the Interest Rate from the time of payment until repayment. Landlord will give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers to whom such premiums were paid. F. Waiver of Subrogation. Landlord and Tenant each agree to have their respective insurance companies issuing insurance with respect to the Premises waive any rights of subrogation that such companies may have against Landlord or Tenant, as the case may be. Landlord and Tenant hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of such other party, for loss of or damage to such waiving party or its property or the property of others under its control, arising from any cause insured against under any insurance policies required to be carried by this Section 13 or under any other policy of insurance carried by such waiving party, to the full extent permitted by such policies. F-9 G. Compliance with Insurance Requirements. Tenant will not do anything, or suffer or permit anything to be done, in or about the Premises that will invalidate or be in conflict with the provisions of any fire or other insurance policies covering the Building or any property located therein. Tenant, at Tenant's expense, will comply with, and will cause all occupants of the Premises to comply with, all applicable customary rules, orders, regulations or requirements of any board of fire underwriters or other similar body. H. Building Services. The Landlord will have no liability for, or responsibility to provide or maintain, any safety or security devices or services in the Premises or the Building. The risk that any safety or security device, service or program may not be effective, or may malfunction or be circumvented, is assumed solely by Tenant with respect to Tenant's property and interests, and Tenant will obtain insurance coverage to the extent Tenant desires protection against criminal acts and other losses. Section 18. Possessory Interest Tax and Other Taxes. Landlord hereby gives Tenant notice, and Tenant acknowledges receipt of such notice, as required pursuant to California Revenue and Taxation Code Section 107.6, that the leasehold interest created by this Lease may result in a possessory interest tax being levied against the Premises, and that in such event Tenant will be obligated to pay such tax. In addition, Tenant will be solely responsible for the payment of all other taxes attributable to the Tenant's occupancy and use of the Premises. Section 19. No Assignment. Tenant agrees not to sublet or assign, directly or indirectly, voluntarily or by operation of law, sell, assign, encumber, pledge or otherwise transfer or hypothecate all or any part of the Premises or Tenant's leasehold interest hereunder (each such act is herein referred to as an "Assignment"), or sublet the Premises or any portion thereof or permit the Premises to be occupied by anyone other than Tenant. Section 20. Litigation. Tenant warrants that as of the Commencement Date, Tenant is not subject to any outstanding claim, injunction, judgment, order, decree, ruling or charge relating to the business operated on the Premises or to the Premises. Tenant will notify Landlord in writing within five business days of receipt by Tenant of any claim, litigation, judgment, order, decree, ruling or charge relating to the business operated on the Premises or to the Premises. Section 21. l)cfault. A. Events of Default. The occurrence of any one or more of the following events will constitute a default or breach of this Lease by Tenant: 1. Failure of Tenant to pay any rent when due, where such failure has not been cured within three days of written notice of such failure. 2. Failure of Tenant to perform any of the provisions of this Lease to be performed by Tenant, where such failure will continue for 30 calendar days after notice of such failure by Landlord to Tenant; provided however, that if the nature of Tenant's default is such that more than 30 calendar days are reasonably required for its cure, then Tenant will not be F-10 deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. 3. The filing by or against Tenant of any action or proceeding under any federal or state insolvency, reorganization, bankruptcy or other debtor relief statute now or hereafter existing, (unless in the case of such action taken against Tenant, the same is dismissed within 60 days); or the appointment of a trustee or receiver over or the attachment of Tenant's leasehold estate in the Premises or Tenant's assets at the Premises that is not dismissed within 30 days after the filing thereof. Section 22. Remedies. Upon the occurrence of a default by Tenant under this Lease that is not cured by Tenant within the grace periods specified in Section 22, Landlord will have the following rights and remedies, in addition to all other rights and remedies available to Landlord at law or in equity: A. Rights and Remedies. 1. The rights and remedies provided by California Civil Code Section 1951.2, including, but not limited to, the right to terminate Tenant's right to possession of the Premises and to recover the amounts specified in California Civil Code Subsections 1951.2(a)(1)-(4); 2. The rights and remedies provided by California Civil Code Section 1951.4, including, without limitation, the right to continue the Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due. Acts of maintenance or preservation, efforts to re -let the Premises or the appointment of a receiver upon Landlord's initiative to protect its interest under this Lease will not of themselves constitute a termination of Tenant's right to possession; 3. The right and power to enter the Premises and remove therefrom all persons and property, to store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant, and to sell such property and apply the proceeds therefrom pursuant to applicable California law; 4. The right to have a receiver appointed for Tenant, upon application by Landlord, to take possession of the Premises, and to apply any monies collected from the Premises; and 5. The right to specific performance of any or all of Tenant's obligations hereunder, and to damages for delay in or failure of such performance. B. Remedies Cumulative. The exercise of any remedy provided by law or the provisions of this Lease will not exclude any other remedies unless this Lease expressly excludes such remedies. Tenant hereby waives any right of redemption or relief from forfeiture following termination of, or exercise of any remedy by Landlord with respect to, this Lease. Section 23. Fees and Expenses; Indemnity; Payment. F-11 A. Landlord's Right to Remedy Defaults. If Tenant will default in the performance of any of its obligations under this Lease after notice and expiration of the applicable cure period, Landlord may remedy such default at Tenant's expense, without thereby waiving any other rights or remedies of Landlord with respect to such default. Notwithstanding the foregoing, Landlord will have the right to cure any failure by Tenant to perform any of its obligations under this Lease without notice to Tenant if such failure results in an immediate threat to life or safety of any person, or impairs the Building or its efficient operation. B. Indemnity. Except to the extent caused by the negligence or willful misconduct of Landlord, Tenant will indemnify Landlord, against and save Landlord harmless from and defend Landlord through attorneys of Landlord's choice from and against any and all claims, losses, costs, liabilities, damages and expenses including, without limitation, reasonable attorneys' fees, to the extent incurred in connection with or arising from (a) any default by Tenant in the observance or performance of any of the terms, covenants, conditions or other obligations of this Lease, or the failure of any representation made by Tenant in this Lease, (b) the use or occupancy or manner of use or occupancy of the Premises during the Term by Tenant or any person occupying the Premises, (c) the condition of the Premises during the Term or any occurrence or happening on the Premises between the Commencement Date and the time Landlord has accepted the surrender of the Premises after the expiration or termination of the Term, (d) any act of Tenant or any subtenant of the Premises or any of their respective employees or invitees while on the Premises, or (e) Landlord's inability to obtain access to any portion of the Premises with respect to which Landlord has not been furnished a key (if locked) or access has been otherwise restricted. C. Interest on Past Due Obligations. Unless otherwise specifically provided herein, any amount due from Tenant to Landlord under,this Lease which is not paid within five (5) days from the date when due will bear interest from the due date until paid at the lesser of the highest rate then permitted by law or a rate per annum which is equal to four percent (4%) plus the highest rate identified by Bank of America NT&SA as its "prime rate" between the date such amount was due and the date such payment was received. The payment of such interest will not alone excuse or cure any default under this Lease. Section 24. Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises, subject to Tenant's reasonable requirements for maintaining secure areas, at all reasonable times (upon reasonable telephonic notice) to inspect the Premises, to conduct any necessary studies or testing relating to the construction of the Interstate 15/State Route 79 South Ultimate Interchange (Project Number PW04-08), to supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees, beneficiaries or tenants, to post notices of non - responsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. In the event of an emergency, Landlord will have the right to enter the Premises at any time without notice. Landlord will have the right to use any and all means that Landlord may deem necessary or proper to open doors in an emergency, in order to obtain entry to any portion of the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of rent, or any other loss occasioned by Landlord's exercise of any of its rights under F-12 this Section 24. Tenant waives all rights to consequential damages (including, without limitation, damages for lost profits, loss of business, and lost opportunities) arising in connection with Landlord's exercise of its right under this Section 24. Section 25. Notices. Except as otherwise expressly provided in this Lease, any payment required to be made and any bills, statements, notices, demands, requests or other communications given or required to be given under this Lease will be effective only if rendered or given in writing, sent by personal delivery or registered or certified mail, return receipt requested, or by Federal Express or by facsimile transmission with a following copy by first class mail, addressed (a) to Tenant at the Premises, (b) to Landlord at the address set forth in the Basic Lease Information or (c) as may be amended by written notice to the other party. Notices will be considered given upon the earlier of (a) personal delivery, (b) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one business day following deposit with Federal Express. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice: Section 26. No Waiver. No provision of this Lease may be waived, and no breach thereof will be waived, except by a written instrument signed by the party against which the enforcement of the waiver is sought. No failure by Landlord to insist upon the strict performance of any obligation of Tenant under this Lease, no course of conduct between Landlord and Tenant, and no acceptance of the keys or to possession of the Premises before the termination of the Term by Landlord or any employee or representative of Landlord will constitute a waiver of any breach or a waiver or modification of any term, covenant or condition of this Lease. No payment by Tenant of a lesser amount than the aggregate of all rent then due under this Lease will be deemed to be other than on account of the first items of such rent then accruing or becoming due, unless Landlord elects otherwise. Section 27. Tenant's Certificates. Tenant, at any time and from time to time, within 10 calendar days after written request, will execute, acknowledge and deliver to Landlord, addressed (at Landlord's request) to any prospective purchaser, ground or underlying lessor or mortgagee or beneficiary of any part of the Premises, an estoppel certificate in form and substance reasonably designated by Landlord. Tenant's failure to do so within such 10 calendar day period will be conclusive upon Tenant that all facts set forth in Landlord's proposed certificate are true and correct. Section 28. Miscellaneous. A. Successors and Assigns. Except as otherwise provided in this Lease, the terms, covenants and conditions contained in this Lease will bind and inure to the benefit of Landlord and Tenant, and their respective personal representatives and successors and assigns. B. Governing Law. This Lease is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Lease F-13 shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. C. Amendments. Any amendments to this Lease will be effective only when duly executed by both Landlord and Tenant. No amendment to this Lease will be binding on any mortgagee or beneficiary of Landlord (or purchaser at any foreclosure sale) unless such mortgagee or beneficiary will have consented thereto in writing. D. Counterparts. This Lease may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Lease, facsimile or electronic signatures/counterparts to this Lease shall be effective as if the original signed counterpart were delivered. E. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Lease, they have each been represented by independent counsel of their own choosing and the Parties executed this agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Lease, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Lease. F. Attorneys' Fees. If Landlord becomes a party to any litigation not initiated by Tenant concerning this Lease or the Premises by reason of any act or omission of Tenant or its authorized representatives, and not by reason of its own act or omission or any act or omission of its authorized representatives, Tenant will be liable to Landlord for reasonable attorneys' fees and court costs incurred by Landlord in the litigation. If either of the Parties commences an action against the other party arising out of or in connection with this Lease, or institutes any proceeding in a bankruptcy or similar court which has jurisdiction over the other party or any or all of its property or assets, the prevailing party will be entitled to have and recover from the losing party reasonable attorneys' fees and court costs. The fees recoverable, as provided above, will include fees incurred on appeal and any other post judgment proceeding. G. .Severability. If any part, term or provision of this Lease is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Lease did not contain the particular part, term or provision held to be invalid. H. Assignment. Tenant may not assign its rights under this Lease without the express written consent of the City. The City has sole discretion to withhold its consent. I. Integration. The terms of this Lease (including, without limitation, the Exhibits hereto) are intended by the Parties as a final expression of their agreement with respect to such terms as are included in this Lease and may not be contradicted by evidence of any prior F-14 or contemporaneous agreement, arrangement, understanding or negotiation (whether oral or written). J. Quiet Enjoyment. Upon Tenant paying the rent and performing all of Tenant's obligations under this Lease, Tenant may peacefully and quietly enjoy the Premises during the Term as against all persons or entities claiming by or through Landlord. K. Time of Essence. Time is of the essence of each and every provision of this Lease. L. Broker 's Commissions. Each of the Parties represents and warrants to the other that it has not entered into any agreement or incurred or created any obligation which might require the other party to pay any broker's commission, finder's fee or other commission or fee relating to the leasing of the Premises. Each of the Parties will indemnify, defend and hold harmless the other party and its respective officials, agents, employees, attorneys, and representatives from and against all claims for any such commissions or fees made by anyone claiming by or through the indemnifying party. M. Recovery Against Landlord. Tenant will look solely to Landlord's interest in the Premises for the recovery as provided under applicable law of any judgment against Landlord. Landlord, its officials, agents, employees, attorneys, and representatives will never be personally liable for any such judgment. F-15 IN WITNESS WHEREOF, this Lease is effective as of the date first above written. TENANT FRONT ST. — SERVICE STATION, LP, a California Limited Partnership Dated: By: Hagop Kofdarali, General Partner LANDLORD CITY OF Temecula, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney By: Aaron Adams, City Manager F-16 Exhibit "A" to Lease BASIC LEASE INFORMATION Premises: The real property that is approximately 1.194 acres in size commonly known as 44987 Old Town Front Street, Temecula, California 92590, and identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059 Legal Description of Premises: All that certain real property situated in the County of Riverside, State of California, described as follows: A portion of Lot 11 in Block 32 of the Town of Temecula, in the City of Temecula, County of Riverside, State of California, as shown by Map on file in Book 15 Page(s) 726 of Maps, Records of San Diego County, California, together with a portion of Parcel 89 of Deed recorded September 29, 1977 as Instrument No. 192314 and further shown as "remainder parcel" of Parcel Map 10814 on file in Book 78, Page(s) 5 through 8, inclusive of Parcel Maps, all of Official Records of Riverside County, California, described as follows: Commencing at the Southeasterly corner of said Lot 11; Thence along the Easterly line of said Lot 11 North 15° 39' 27" West, a distance of 128.78 feet to the true point of beginning; Thence leaving said Easterly line North 59° 39' 01" East a distance of 9.69 feet to the beginning of a non -tangent curve concave Southerly, having a radius of 756.00 feet and to which a radial bears North 07° 42' 41" East, said curve being also the Southerly line of that certain parcel of land deeded to the City of Temecula and recorded February 14, 1997 as Instrument No. 50649 of Official Records of Riverside County, California; Thence Easterly along said curve through a central angle of 03° 54' 49", an arc distance of 51.64 feet; Thence leaving said Southerly line South 48° Exhibit "A" to Lease Exhibit "A" to Lease 19' 13" West a non -tangent line, a distance of 40.01 feet to the beginning of a non -tangent curve concave Easterly, having a radius of 461.00 feet and to which a radial bears North 83° 21' 12" West; Thence Southerly along said cure through a central angle of 18° 36' 09", an arc distance of 149.68 feet; Thence along a radial line to said curve South 78° 02' 39" West, a distance of 78.00 feet; Thence South 82° 44' 46" West, a distance of 214.20 feet; Thence North 07° 15' 14" West, a distance of 309.08 feet to a point on the Northerly line of said Lot 11; Thence along said Northerly line North 74° 20' 39" East, a distance of 186.11 feet to the Northwesterly comer of Parcel "C" deeded to the City of Temecula and recorded February 14, 1997 as Instrument No. 50647 of Official Records of Riverside County, California; Thence along the Westerly lines of said Parcel "C" and Parcel "A" of said deed to the City of Temecula South 01° 15' 21" East, a distance of 122.87 feet to the beginning of a non -tangent curve concave Southerly, having a radius of 756.00 feet and to which a radial bears North 01 15' 21" West, said point being also the Southwesterly corner of said Parcel "A"; Thence Easterly along said curve through a central angle of 08° 11' 43", an arc distance of 108.13 feet to the Southeasterly comer of said Parcel "A"; said point being also on said Easterly line of Lot 11; Thence along said Easterly line South 15° 39' 27" East on a non -tangent line, a distance of 6.44 to the true point of beginning. Said legal description is also shown as "Parcel "A" of Lot Line Adjustment No. PA98- 0331, recorded November 14, 2000 as Instrument No. 453433 of Official Records of Riverside County, California. Building, Structures & Improvements: An approximate 2,990 square foot ARCO am/pm service station, including convenience market and an approximate 864 square foot self - serve car wash. The improvements include six fuel pumps and 12 fueling positions under a Exhibit "A" to Lease Exhibit "A" to Lease single canopy that measures approximately 3,584 square feet. There are a total of 12 striped parking spaces on asphalt paving. Landlord's Address: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Greg Butler, Director of Public Works/City Engineer Tenant's Address: Front St. — Service Station, LP 224 S. Joy Street Corona, California 92879 Attention: Hagop Kofdarali, General Partner Commencement Date: Date of Close of Escrow pursuant to Purchase and Sale Agreement Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange (Project Number PW04-08) Termination Date: Upon City's Issuance of written 90-Day Notice to Vacate pursuant to Section 4 of Purchase and Sale Agreement Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange (Project Number PW04-08) Diagram of Premises: See Exhibit "A-1" to Basic Lease Information Tenant's Tax Share: 100% Tenant's Expense Share: 100% Use: See Section 6 of Lease Exhibit "A" to Lease Exhibit "A-1" to Basic Lease Information Diagram of Premises i N-4• 9- A' 166 g22"210 -4365 PCL "A "0m LLA NO. 1014/2000 z 4<. ,_ `� gYRP ASS \ 0 \ ti WESTERORRIDO 32 _ , K ��- -r 3� 1 `_' 10-p5 M6J l� ° ; 9 22-2 621 T.p,p•e. CU DATA TABLE v® BEARING/DELTA RADIUS LENGTH 1 N59'39'0'"E -- 9.69' 2 03'54'49" 756.00' 51.64' 3 548'19'13"W -- 40.01' 4 18'36'09" 461.00' 149.68' 5 515.39'27*E -- 6.44' 6 08'11'43" 756.00' 108.13' ?.° 10-09 g2?4 3z 20000 - az 39"E1 214.20 PM.B N a o 1 286Od-A02 PO 20� c. M82'44.46'E Rco o Nd°R P ARcc� CONSULTING "IANNeN6 • 14U'. • L'ONSTOUC,0N 5050 *VENDA SVCAAS 91-= 260 AR_9121A0 '.4i. IA WWI 4.11116 7150476aW • cAR 760A789.6 • A#,eFcern Exhibit "B" List of Improvements Pertaining to the Realty for Which Tenant Received Compensation Pursuant to Purchase Agreement EXHIBIT "B" TO LEASE AGREEMENT Improvements Pertaining to the Realty Hodges & Lacey FF&E Appraisal Item No. 4 Qty. Description Exterior and Throughout I Service station signage package, including, electrical, consisting of: 1 "AM/PM", channel letters, 2' to 3' high (estimate), with graphic, metal cabinet, plastic fascias, illuminated, at convenience store entrance 4' x 2.5', metal fascia, single sided. "24 hour car wash", (2) metal uprights, 6' high 1 Fuel canopy package, including, (2) signs, Arco logos. (1) lot of image wrap stripe (3 sides of canopy), illuminated 1 Fuel pricing sign, 48" x 62", 2 -sided plastic, illuminated, with softwood arch, concrete footing Proposed new fuel pricing sign, 5'6" x 8'6", 2 -sided plastic, illuminated. with softwood arch, concrete footing, (appraised as proposed, not yet installed as of the effective date of value of this report, assumed to be completed as proposed, if other than as assumed herein, our opinions of value may be different) 1 Lot of interior miscellaneous graphics and signage 1 Lot of minor miscellaneous, throughout, including, car wash signage 5,395 Square feet (estimate) of concrete paving, with rebar, including, approximately 4,247 square feet of fueling station slab (under canopy), and approximately 1,148 square feet of underground fuel storage tank lid, including underground tank pads 2 1 Fueling canopy, 65' x 56', 16' high clearance (estimate), painted metal frame and (6) support columns, concrete footings, (20) high intensity discharge lights, electrical, (6) speakers. wiring 6 Fuel islands, 12' x 3', concrete 25 Bollards, painted metal, (8) horse shoes, at fueling station, 4" diameter, 4- 42" x 41" overall, 4- 24" x 34" overall, (2) 4' high, 6" x 6", concrete filled, (8) 3' high, 7" diameter, concrete filled, (6) 3' high, 4.5" diameter, concrete filled, (1) 51" high, 9" diameter, concrete filled 1 Fueling system, including (3) underground storage tanks, 1- 12,000 gallon capacit\. 1- 20,000 gallon capacity, 1- 10,000 gallon capacity (two compartment), fiberglass, double - walled, man ways and fittings, submersible pumps, alarms, excavation, backfill, piping, vapor recovery system, (6) fuel dispensers, Wayne Pumps, double -sided, 3 product, Model: 3N580D1/GO/FK, Serials: 36721A through 36726A, (2) exterior point of sale (POS) podiums, 27" x 23" footprints, 8' high, metal, appraised with proposed new POS system (b� Fiscal, not yet installed as of the effective date of value of this report, assumed to be completed as proposed, if other than as assumed herein, our opinions of value may be different), (l) inventory management system, Veeder-Root, Model No.: TLS -350, (1) environmental monitoring system, Franklin Fueling Systems, Model: TS -EMS, including electrical and all components throughout l Drive through car wash building, 54' x 17' footprint, single story, concrete block construction. exterior scored and painted plywood fascias, equipment room, lighting, electrical, and plumbing, including, clearance bar arch, in driveway, 14.5' wide x 8' high, painted tubular metal, 4" diameter, with upper sign, "Car Wash", foam letters, 18" high, plastic fascias Drive through car wash equipment package, including, rollover wash and rinse trolley, Ryko, Softgloss XS System, 5 brushes, 24' travel, air dryer arch, POS pedestal unit, dispensing and mechanical package, electrical, plumbing EXHIBIT "B" TO LEASE AGREEMENT Improvements Pertaining to the Realty Hodges & Lacey FF&E Appraisal Item No. Qty, Description Convenience Mart I 1 Scullery sink, 90" x 24", R.J. Fabricators, incorporated, stainless steel, 3 -compartment, 2 end boards, single mixing faucet, with spray wand, finish plumbing 1 4 2 Air door, Mars, micro switches, electrical, consisting of: I Model: WA -72, 72" wide I Model: 42NCH-O, 42" wide is I Reach-in/walk-in refrigerator/freezer, National Cooler, insulated embossed galvanized panel construction, (2) walk-in doors, remote mechanical packages, (12) reach -in doors, Anthony. 30" x 73", lighting, electrical, plumbing, including, (1) refrigerated section, 29.5' x 8.75' x 9.75' overall, (2) 3 fan blower coil units, concrete floor, plastic strip traffic door, (1) freezer section, 3.5' x 8.75' x 9.75', galvanized metal floor, (1) 4 fan blower coil unit. metal product shelving I c, 1 Walk-in freezer, National Cooler, 76" x 8'8" x 76", insulated embossed galvanized panel construction and floor, single door, remote mechanical package, lighting, electrical. plumbing, (1) 2 fan blower coil unit, plastic strip traffic door I 1 Installation of ice machine, including, water supply line, wall mounted water filtration system, EverPure, 6 stage, and roof mounted mechanical package 1,) I Lot of minor miscellaneous improvements and installations including, but not limited to, hooks and fasteners, (1) paper towel and soap dispensers, incidental shelving, floor bolts for 2 safes, (I) lot of miscellaneous wall mounted supply holders, (2) television ceiling brackets, (13) linear feet of metal wire wall shelving, (3) surveillance mirrors, 2- 2.5' diameter, 1- 1.5' diameter, (1) installation only of Muzak system Exhibit "C" List of Moveable Fixtures & Equipment for Which Tenant Received Compensation Pursuant to Purchase Agreement & Transferred to Landlord by Bill of Sale EXHIBIT "C" TO LEASE AGREEMENT Moveable Fixtures and Equipment Purchased by City of Temecula Hodges & Lacey FF&E Appraisal Item No. (.)t . Description 20 2 Trash receptacles, concrete cylinder with cigarette sand rim, "AM/PM" logo 21 4 Trash receptacles, concrete, square, squeegees/paper towel pockets, "AM/PM" logo 22 1 Group of minor miscellaneous items, consisting of: 1 Trash barrel, 32 gallon, plastic 1 Landscape sign, 3' x 2', metal, ground stakes 1 Pedestal sign, 20" x 42" overall, plastic 1 Bagel slicer, plastic 3 Fire extinguishers, 5 lbs., dry chemical 1 Utility cart, Rubbermaid, 28" x 18", 3 -tier 1 Step ladder, Werner, 4', aluminum 1 Step ladder, Werner, 6', aluminum 1 Hand truck, 3 -post 1 Mop and bucket set, plastic 1 Pedestal fan, Lasko, 16", oscillating 1 Wall clock 2 Trash barrels, 32 gallon, with wheels and lid 1 Locker set, 5-cubc stack 2 File cabinets, vertical, 2 -drawer, with locks 1 File cabinet, 1 drawer, 2 file drawers, with lock 1 Folding chair, metal/plastic 2 Drawer units, plastic 1 Lot desk accessories 1 Desk telephone 1 Bulletin board, 3' x 2' 1 Fire extinguisher, 10 lbs., dry chemical 5 Gondola shelving units, 54" high, 16" deep, 2 -sided, 4' sections, 8 end caps, 3' 26 1 Toaster, Toastmaster, Model: TW24, Serial: 310103, 4 -slice 27 2 Condiment dispensers, Server, 3 -product, stainless steel, plastic press, 1 stainless steel spill trough 28 1 Microwave, Sharp, Model: 1000 W/R-21JV, stainless steel 29 1 Pastry case, 2 -door glass, 45" x 81" x 44", laminate base 31 2 Spinner racks, (1) 70" high, (1) 62" high, for sunglasses 38 1 Condiment island, 7.5' x 3.5', cold insert pan section, laminate top and case work, sneeze hood, self contained 39 1 Coffee condiment island, 7.5' x 3' oval, laminate top and case work, 2 trash holes, includes condiment stand 43 13 Shelving units, Nexel, coated wire, consisting of: 2 48" x 74" x 18", 5 -tier 2 36" x 74" x 18", 5 -tier 2 36" x 85" x 18", 5 -tier 6 48" x 85" x 18". 5 -tier 1 60" x 74" x 18", 4 -tier EXHIBIT "C" TO LEASE AGREEMENT Moveable Fixtures and Equipment Purchased by City of Temecula Hodges & Lacey FF&E Appraisal Item No. Qty. Description 44 I Ice machine, Manitowoc, Model: QY1394N, Serial: 030461639, with bin, Serial: 021121116- bin, 21121116- bin, 48" x 48" x 32" 45 1 Bread rack, wire, portable 46 1 Work table, 8' x 3', stainless steel, backsplash, under shelf, stainless steel 49 1 Refrigerator, True, Model: T-72, Serial: 1-3500077, 3 -door, stainless steel, casters 50 1 Storage cabinet, 3' x 6', metal 59 1 Swivel armchair, leatherette 61 1 Lot of small ware packages for food preparation, etc. 63 1 Safe, Blue Sky, Series X BSS 000612, 20" x 30" x 22" 64 1 Lot of miscellaneous in exterior storage, consisting of: 1 Table, plastic, 3 chairs 1 Storage cabinet, 4' x 6', 2 -door 1 Shelving unit, wood 1 Swivel armchair, leatherette 3 Safety cones EXHIBIT "G" Form of Grant Deed RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: Office of the City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 [SPACE ABOVE FOR RECORDER'S USE ONLY] [X] All of Assessor's Parcel Numbers 922-210-057, 922-210-058 and 922-210-059 Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT DEED The undersigned Grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Front St. — Service Station, LP, a California Limited Partnership hereby grants in fee to the City of Temecula, a municipal corporation, that track of parcels located in the City of Temecula, County of Riverside, California commonly known as 44987 Old Town Front Street, Temecula, California 92590, and identified as Riverside County Tax Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059 (referred to below collectively as the "Property"), together with the buildings, structures and improvements pertaining to the realty on these parcels and all of Grantor's interest in any and all rights and appurtenances pertaining to the Property. The Property is more particularly described on Exhibit "A" and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Grant Deed on , 2013. GRANTOR: Front St. — Service Station, LP, a California Limited Partnership By: Its: ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) SIGNATURE OF NOTARY Executed on , 2013, at , California. Signature G-3 EXHIBIT "A" Legal Description of Property LEGAL DESCRIPTION EXHIBIT "A" A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL 89 OF DEED RECORDED SEPTEMBER 29, 1977 AS INSTRUMENT NO. 192314 AND FURTHER SHOWN AS "REMAINDER PARCEL" OF PARCEL MAP 10814 ON FILE IN BOOK 78 PAGE(S) 5 THROUGH 8, INCLUSIVE, OF PARCEL MAPS, ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15° 39' 27" WEST, A DISTANCE OF 128.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 59° 39' 01" EAST A DISTANCE OF 9.69 FEET TO THE BEGINNING CF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 07° 42' 41" EAST, SAID CURVE BEING ALSO THE SOUTHERLY UNE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50649 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 54' 49", AN ARC DISTANCE OF 51.64 FEET; THENCE LEAVING SAID SOUTHERLY UNE SOUTH 48° 19' 13" WEST A NON -TANGENT LINE, A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83° 21'12" WEST; THENCE SOUTHERLY ALONG SAID CURE THROUGH A CENTRAL ANGLE OF 18° 36' 09", AN ARC DISTANCE OF 149.68 FEET; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH 78° 02' 39" WEST, A DISTANCE OF 78.00 FEET; THENCE SOUTH 82° 44' 46" WEST, A DISTANCE OF 214.20 FEET; THENCE NORTH 07° 15' 14" WEST, A DISTANCE OF 309.08 FEETTO A POINT ON THE NORTHERLY LINE OF SAID LOT 11; THENCE ALONG SAID NORTHERLY LINE NORTH 74°20' 39" EAST, A DISTANCE OF 186.11 FEET TO THE NORTHWESTERLY CORNER OF PARCEL "C" DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50647 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESIERLY LINES OF SAID PARCEL "C" AND PARCEL "A" OF SAID DEED TO THE CITY OF TEMECULA SOUTH 01° 15' 21" EAST, A DISTANCE OF 122.87 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01° 15' 21" WEST, SAID POINT BEING ALSO THE SOUTHWESIIRLY CORNER OF SAID PARCEL "A"; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 11' 43, AN ARC DISTANCE OF 108.13 FEET TO THE SOUTHEAS ItRLY CORNER OF SAID PARCEL "A", SAID POINT BEING ALSO ON SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE SOUTH 15° 39' 27" EAST ON A NON -TANGENT LINE, A DISTANCE OF 6.44 TO THE TRUE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS ALSO SHOWN AS PARCEL "A" OF LOT UNE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-210-057-0, 922-210-058-1, 922-210-059-2 EXHIBIT "B" [DEPICTION OF PROPERTY] :.0?; 11. I 92,0 PCL LLI\ NO PA98_0331 �' /14/2000 z 14/2000 ,. 11 WESTERN BYPASS CORRIDOR N • N79'34'47 -E (R) U DATA TABLE @ BEARING/DELTA RADIUS LENGTH 1 N59'39'01"E -- 9.69' 2 03`54'49" 756.00' 51.64' 3 548'19'13"W -- 40.01' 4 1836'09" 461.00' 149.68' 5 S15'39'27`E -- 6.44' 6 08611'43" 756.00' 108.13' N82'44'46"E RE° "\lp° P kRCEL 1711111PF 2.0NSULTING PLAN NTNG • UE3.6N ■ CONSTRUC 'oh 5050 A1ENIDA &rows 9.rE 2260 :0.14_91360 Ci1LF01•6* 9000/-QIN neGa3 • =Ax MO 476 SIM • wurPEIFcam 0 g22-- 3: ? 0 - ' _ N7 g' "78. 02 00 39E 2x627-1 200 / 100-102 214.20 PM t\10 PM.8 CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (44987 Old Town Front Street — Assessor's Parcel Numbers 922-210-057, -058 & -059) This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula that track of parcels located in the City of Temecula, County of Riverside, California commonly known as 44987 OM Town Front Street, Temecula, California 92590, and identified as Riverside County Tax Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059, is hereby accepted under the authority of the City Council of the City of Temecula and the City of Temecula consents to the recordation thereof by its duly authorized officer. Dated: , 2013 CITY OF IEMECULA, a municipal corporation By: Aaron Adams City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Exhibit "H" to Purchase and Sale Agreement BILL OF SALE For good and valuable consideration, the receipt of which is hereby acknowledged, Front St. — Service Station, LP, a California Limited Partnership ("Seller"), does hereby sell, transfer and convey to the City of Temecula, a municipal corporation ("City"), all of Seller's right, title and interest in and to the Moveable Fixtures and Equipment described on Exhibit "A" attached hereto ("Moveable Items") owned by Seller and used exclusively in connection with the operation of the business operated on that certain real property commonly known as 44987 Old Town Front Street, Temecula, California, and identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059. This Bill of Sale may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. IN WITNESS WHEREOF, Seller and the City have executed this Bill of Sale as of this day of , 2013. SELLER BUYER FRONT ST. — SERVICE CITY OF TEMECULA, STATION, LP a Municipal Corporation A California Limited Partnership Dated: By: Hagop Kofdarali General Partner Dated: By: Aaron Adams, City Manager ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney EXHIBIT "A" TO BILL OF SALE Moveable Fixtures and Equipment Purchased by City of Temecula Hodges & Lacey FF&E Appraisal Item No. Qty. Description 20 2 Trash receptacles, concrete cylinder with cigarette sand rim, "AM/PM" logo 21 4 Trash receptacles, concrete, square, squeegees/paper towel pockets, "AM/PM" logo 22 1 Group of minor miscellaneous items, consisting of: 1 Trash barrel, 32 gallon, plastic 1 Landscape sign, 3' x 2', metal, ground stakes 1 Pedestal sign, 20" x 42" overall, plastic 1 Bagel slicer, plastic 3 Fire extinguishers, 5 lbs., dry chemical 1 Utility cart, Rubbermaid, 28" x 18", 3 -tier 1 Step ladder, Werner, 4', aluminum 1 Step ladder, Werner, 6', aluminum 1 Hand truck, 3 -post 1 Mop and bucket set, plastic 1 Pedestal fan, Lasko, 16", oscillating 1 Wall clock 2 Trash barrels, 32 gallon, with wheels and lid 1 Locker set, 5 -cube stack 2 File cabinets, vertical, 2 -drawer, with locks 1 File cabinet, 1 drawer, 2 file drawers, with lock 1 Folding chair, metal/plastic 2 Drawer units, plastic 1 Lot desk accessories 1 Desk telephone 1 Bulletin board, 3' x 2' 1 Fire extinguisher, 10 lbs., dry chemical 23 5 Gondola shelving units, 54" high, 16" deep, 2 -sided, 4' sections, 8 end caps, 3' 26 1 Toaster, Toastmaster, Model: TW24, Serial: 310103, 4 -slice 27 2 Condiment dispensers, Server, 3 -product, stainless steel, plastic press, 1 stainless steel spill trough 28 1 Microwave, Sharp, Model: 1000 W/R-21JV, stainless steel 29 1 Pastry case, 2 -door glass, 45" x 81" x 44", laminate base 31 2 Spinner racks, (1) 70" high, (1) 62" high, for sunglasses 38 1 Condiment island, 7.5' x 3.5', cold insert pan section, laminate top and case work, sneeze hood. self contained 39 1 Coffee condiment island, 7.5' x 3' oval, laminate top and case work, 2 trash holes, includes condiment stand 43 13 Shelving units, Nexel, coated wire, consisting of: 2 48" x 74" x 18", 5 -tier 2 36" x 74" x 18", 5 -tier 2 36" x 85" x 18", 5 -tier 6 48" x 85" x 18". 5 -tier 1 60" x 74" x 18", 4 -tier EXHIBIT "A" TO BILL OF SALE Moveable Fixtures and Equipment Purchased by City of Temecula Hodges & Lacey FF&E Appraisal Item No. O1.% . Description 44 1 Ice machine, Manitowoc, Model: QY1394N, Serial: 030461639, with bin, Serial: 021121116- bin, 21121116- bin, 48" x 48" x 32" 45 1 Bread rack, wire, portable 46 1 Work table, 8' x 3', stainless steel, backsplash, under shelf, stainless steel 49 1 Refrigerator, True, Model: T-72, Serial: 1-3500077, 3 -door, stainless steel, casters 50 1 Storage cabinet, 3' x 6', metal 59 1 Swivel armchair, leatherette 61 1 Lot of small ware packages for food preparation, etc. 63 1 Safe, Blue Sky, Series X BSS 000612, 20" x 30" x 22" 64 1 Lot of miscellaneous in exterior storage, consisting of: 1 Table, plastic, 3 chairs 1 Storage cabinet, 4' x 6', 2 -door 1 Shelving unit, wood 1 Swivel armchair, leatherette 3 Safety cones EXHIBIT "I" Form of Right of Entry and Access Agreement RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of , 2013 (the "Effective Date"), by Front St. — Service Station, LP, a California Limited Partnership (herein called "Grantor"), and the City of Temecula, a municipal corporation (herein called "City" or "Grantee"). RECITALS 1. Grantor is the record fee owner of that certain track of parcels located in the City of Temecula, County of Riverside, California commonly known as 44987 Old Town Front Street, Temecula, California 92590, and identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059 ("Property"), which is more particularly described on Exhibit "A" and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated herein by this reference. 2. Grantor and Grantee have entered into a Purchase and Sale Agreement and Joint Escrow Instructions related to the Property (the "Purchase Agreement"). 3. Grantee has requested the right of entry upon and access to the Property for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition by Grantee of the Property under the Purchase Agreement. 4. Grantor has agreed to grant to Grantee, and Grantee has agreed to accept from Grantor, a non-exclusive, revocable license to enter upon the Property to perform the Due Diligence Activities in accordance with the terms and provisions of this Agreement. 5. Grantor and Grantee desire to execute and enter into this Agreement for the purpose of setting forth their agreement with respect to the Due Diligence Activities and Grantee's entry upon the Property. NOW, THEREFORE, for and in consideration of the above Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee do hereby covenant and agree as follows: 1. Access by Grantee. a. Subject to Grantee's compliance with the terms and provisions of this Agreement, until the earlier of the following: 45 calendar days from the Effective Date of this Agreement, or (ii) the earlier termination of this Agreement, Grantee and Grantee's agents, employees, contractors, representatives and other designees (herein collectively called "Grantee's Designees") shall have the right to enter upon the Property for the purpose of conducting the Due Diligence Activities. b. Grantee expressly agrees that: (i) any activities by or on behalf of Grantee, including, without limitation, the entry by Grantee or Grantee's Designees onto the Property in connection with the Due Diligence Activities shall not damage the Property in any manner whatsoever or disturb or interfere with the rights or possession of any tenant on the Property; (ii) in the event the Property is altered or disturbed in any manner in connection with the Due Diligence Activities, Grantee shall immediately return the Property to as close to its pre - Due Diligence Condition; and (iii) Grantee, to the maximum extent allowed by law, shall indemnify, defend and hold Grantor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by Grantor as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Grantee or Grantee's Designees onto the Property. Grantee shall provide to Grantor a written work plan that describes any necessary invasive activities or environmental testing that Grantor plans to undertake on the Property. If Grantor does not reject any work plan within five business days of Grantee's delivery of the written work plan proposal to Grantor pursuant to the notice provisions of this Agreement, then Grantor shall be deemed to have approved the submitted work plan and Grantee may proceed with such testing. If Grantor rejects such proposed work plan in whole or in part, then this Agreement shall become null and void at the sole option of Grantee. If Grantee terminates this Agreement under the foregoing provision, then neither party shall have any further rights, duties and obligations. 2. Lien Indemnification. To the extent permitted by law, Grantee hereby indemnifies Grantor from and against all claims and demands for payment, or liens or lien claims made against Grantor or the Property by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights as a result of the City's use of the Property for the Due Diligence Activities. 3. Insurance. Prior to entry onto the Property, Grantee shall, and shall cause all of Grantee's Designees performing the Due Diligence Activities to, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor covering each of the Due Diligence Activities with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000.00, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Grantor has been named as an additional insured thereunder with respect to the Due Diligence Activities. Such insurance shall be maintained in force throughout the term of this Agreement. 4. Successors. To the extent any rights or obligations under this Agreement remain in effect, this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 5. Limitations. Grantor does not hereby convey to Grantee any right, title or interest in or to the Property, but merely grants the specific rights and privileges hereinabove set forth. I-2 6. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice: GRANTEE: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Aaron Adams, City Manager Telephone: 951-694-6444 COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 Telephone: 213-626-8484 GRANTOR: Front St. — Service Station, LP 224 S. Joy Street Corona, California 92879 Attention: Hagop Kofdarali, General Partner 7. Assignment. This Agreement may not be assigned by Grantee. 8. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 9. Termination. This Agreement can be terminated by Grantor at any time and for any reason, or no reason, upon written notice from Grantor to Grantee. 10. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. I-3 IN WITNESS WHEREOF, this Right of Entry and Access Agreement is effective on the day and year first written above. GRANTOR Front St. — Service Station, LP, A California Limited Partnership Dated: By: GRANTEE City of Temecula, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney Title: By: Aaron Adams, City Manager I-4 Exhibit "A" Legal Description of Property LEGAL DESCRIPTION EXHIBIT "A" A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL 89 OF DEED RECORDED SEPTEMBER 29, 1977 AS INS I RUMENT NO. 192314 AND FURTHER SHOWN AS "REMAINDER PARCEL" OF PARCEL MAP 10814 ON FILE IN BOOK 78 PAGE(S) 5 THROUGH 8, INCLUSIVE, OF PARCEL MAPS, ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15° 39' 27" WEST, A DISTANCE OF 128.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 59° 39' 01" EAST A DISTANCE OF 9.69 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 07° 42' 41" EAST, SAID CURVE BEING ALSO THE SOUTHERLY UNE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50649 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 54' 49", AN ARC DISTANCE OF 51.64 FEET; THENCE LEAVING SAID SOUTHERLY UNE SOUTH 48° 19' 13" WEST A NON -TANGENT LINE, A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83° 21'12" WEST; THENCE SOUTHERLY ALONG SAID CURE THROUGH A CENTRAL ANGLE OF 18° 36' 09", AN ARC DISTANCE OF 149.68 FEET; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH 78° 02' 39" WEST, A DISTANCE OF 78.00 FEET; THENCE SOUTH 82° 44' 46" WEST, A DISTANCE OF 214.20 FEET; THENCE NORTH 07° 15' 14" WEST, A DISTANCE OF 309.08 FEETTO A POINT ON THE NORTHERLY LINE OF SAID LOT 11; THENCE ALONG SAID NORTHERLY UNE NORTH 74° 20' 39" EAST, A DISTANCE OF 186.11 FEET TO THE NORTHWESTERLY CORNER OF PARCEL "C" DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50647 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL "C" AND PARCEL "A" OF SAID DEED TO THE CITY OF TEMECULA SOUTH 01° 15' 21" EAST, A DISTANCE OF 122.87 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01° 15' 21" WEST, SAID POINT BEING ALSO THE SOUTHWESTERLY CORNER OF SAID PARCEL "A"; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 11' 43, AN ARC DISTANCE OF 108.13 FEET TO THE SOUTHEAS I LRLY CORNER OF SAID PARCEL "A", SAID POINT BEING ALSO ON SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE SOUTH 15° 39' 27" EAST ON A NON -TANGENT LINE, A DISTANCE OF 6.44 TO THE TRUE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS ALSO SHOWN AS PARCEL "A" OF LOT UNE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-210-057-0, 922-210-058-1, 922-210-059-2 Exhibit "B" [Depiction of Property) RPF CUNSUITIN 3 tom' 2'210� e2� N f� Ppb- A0331 A N0 P /20p0 z l� RSC - 1104/2000 � � BYp pSS WESTERN • nI •• T.p 0.8. DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 N59`39'01"E -- 9.69' 2 03'54'49" 756.00' 51.64' 3 S48`19'13"W -- 40.01' 4 18'36'09" 461.001. 149.68' 5 S15'39'27"E -- 6.44' 6 08.11'43" 756.00' 108.13' 922_24 3 z I,. j', J` 1482'44'46"E RcoNINO P IAN N' ■ OEC ON • CON •0N 5050 AMt:P DA & lP .S 94.rE 2.60 ^AR®AA-ALFOfMA 920011-4J1* TOO 476 OM • cM 7604769'9 • Imo Pelfcam 214 20 0‘ z s I— �6 CC F- 03- ; CD ®Cr "1 LL `s, 9 .p .0 0.R. 78.00g'f Nob 02 28623- PM 200 / 100-1C P M.6 EXHIBIT "J" List of Hazardous Materials on Property Chemical Names Some Components 1. ARCO Gasoline Premium Unleaded 91 Benzene, Cyclohexane, Ethyl benzene, Hexane, Toluene 2. ARCO Gasoline Regular Unleaded 87 Benzene, Cyclohexane, Ethyl benzene, Hexane, Toluene 3. Carbon Dioxide CO2 Carbon Dioxide 4. Waste Absorbant Waste Absorbant 5. Liquefied Propane Gas Air with Propane 6. Ryko Red Foam Detergent Concentrate Concentrated blend of Surfactants and Emulsifiers in Aqueous Media 7. Ryko Blue Foam Detergent Concentrate Concentrated blend of Surfactants and Emulsifiers in Aqueous Media 8. Ryko White Foam Detergent Concentrate Concentrated blend of Surfactants and Emulsifiers in Aqueous Media 9. Ryko Wax Luster R Contains Solvents, Petroleum distillates and quaternary ammines Gas Dispensers Type: MPD's (Multi -Product Dispenser) Number of UL (unleaded) Dispensers: 6 Number of Gas Dispensers: 6 Number of UL+ Dispensers: 6 Number of Super Dispensers: 6 Tank Configuration Number of Diesel Dispensers: 0 Number of Tanks: 3 Total Tank Capacity: 42,000 gallons Size UL Tank: 20,000 gallons Size UL Tank: 10,000 gallons (was meant for diesel but we don't have diesel so it is a secondary UL tank) Size UL+ (Midgrade): 12,000 gallons (blends from Super and both UL tanks) Size Diesel: N/A ALL-INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/SR-79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) This All -Inclusive Settlement Agreement and General Release ("Settlement Agreement") is entered into as of , 2013 ("Effective Date") by and between the City of Temecula, a municipal corporation ("City"), and Front St. — Service Station, L.P., a California Limited Partnership ("Front") (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08) . The City and Front are referred to below collectively as the Parties. RECITALS A. Front is the record fee owner of that certain track of parcels located in the City of Temecula, County of Riverside, California commonly known as 44987 Old Town Front Street, Temecula, California 92590, and identified as Riverside County Assessor's Parcel Numbers 922- 210-057, 922-210-058, and 922-210-059, together with the buildings, structures and improvements on these parcels (referred to below collectively as the "Property"). The Property is more particularly described on Exhibit "A" and depicted on Exhibit "B", which exhibits are attached hereto and incorporated herein by this reference. The Property is approximately 1.194 acres in size and is improved with an approximate 2,990 square foot ARCO am/pm service station, including convenience market and an approximate 864 square foot self -serve car wash. The Property has six fuel pumps and 12 fueling positions under a single canopy that measures approximately 3,584 square feet. It has a total of 12 striped parking spaces on asphalt paving. Assessor's Parcel Number 922-210-058, which is approximately 2,629 square feet, is a non- contiguous remnant parcel located on the northwest corner of Temecula Parkway and Old Town Front Street that does not have any contributory value to the service station operated on Assessor's Parcel Numbers 922-210-057 and 922-210-059. B. On May 11, 2012, the City sent to Front a written offer to purchase the Property in fee pursuant to Government Code section 7267.2 for a public use, namely for the City's Interstate 15/State Route 79 South Ultimate Interchange (Project Number PW04-08) ("Project"). C. The Parties have entered into that certain Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08) ("Purchase Agreement"), which is incorporated herein by this reference. D. Front operates a gas station and mini market on the Property and will continue to operate the gas station when the City acquires the Property in fee under the terms of that certain Lease Agreement Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08) ("Lease"). The Project would require that Front vacate the Property at such time as the City requires the Property to construct the Project. E. The City paid to Front the Purchase Price set forth in the Purchase Agreement as the full and complete consideration and payment of just compensation for the City's acquisition 1 of all real property interests pertaining to the Property, including, but is not limited to, just compensation for the land comprising the Property, all improvements pertaining to the realty except for the $9,000.00 fair market value of the security cameras that Front desires to retain, attached fixtures and equipment on the Property, the moveable fixtures and equipment described on Exhibit "C-2" to the Purchase Agreement, claims arising in connection with or out of the City's acquisition of the Property or the Project for which the City is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by Front by reason of the City's acquisition of the Property or the Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. The Purchase Agreement did not include compensation for loss of business goodwill damages under Code of Civil Procedure section 1263.510. F. The City and Front desire to enter into this Settlement Agreement to settle any and all claims relating to the loss of business goodwill suffered by Front arising from or related to the acquisition by the City of the Property for the Project, the City's construction of the Project, and Front's closing of the business after it vacates the Property, which claims could be made or asserted by Front in any court proceeding as a business owner impacted by the City's acquisition of the Property for the Project. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, the mutual covenants and promises herein, and for other valuable consideration, the receipt of which is hereby acknowledged, the City and Front agree to the following: 1. All-inclusive Settlement. This Settlement Agreement is an all-inclusive settlement of all claims of Front relating to loss of goodwill damages under Code of Civil Procedure section 1263.510 arising from or related to the acquisition by the City of the Property for the Project, the City's construction of the Project, and Front's closing of the business after it vacates the Property, which claims could be made or asserted by Front in any court proceeding as a business owner impacted by the City's acquisition of the Property for the Project. a. The Parties acknowledge that Front, as the owner of the existing business operating on the Property, must prove the following to obtain compensation for loss of goodwill under Code of Civil Procedure section 1263.510: "(a) The owner of a business conducted on the property taken, or on the reminder if such property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot be prevented by a relocation of the business or by taking steps and adopting 2 procedures that a reasonably prudent person would take and adopt in preserving goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, `goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage." b. The City's purchase of the Property for the Project will require that Front either relocate the business or close the business that it currently operates on the Property. Front represents and warrants to the City that Front is unable to relocate the business and thus cannot mitigate the loss of goodwill by relocating the business or taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving goodwill. Accordingly, Front will close the business when it vacates the Property pursuant to the terms of the Lease and will suffer a total loss of business goodwill as a result of the City's acquisition of the Property for the Project. 2. Total Compensation for Loss of Goodwill. The City and Front agrcc that the City shall pay the total sum of $1,103,000.00 (One Million One Hundred Three Thousand Dollars) (referred to below as "Total Compensation") to Front in full and final satisfaction of any and all loss of business goodwill claims under Code of Civil Procedure section 1263.510 arising from or related to the acquisition by the City of the Property for the Project, the City's construction of the Project, and Front's closing of the business after it vacates the Property, which claims could be made or asserted by Front in any court proceeding as a business owner impacted by the City's acquisition of the Property in connection with the Project. The Total Compensation is based on an analysis of the goodwill of the business in the before condition prepared in 2012 by Donna Desmond Associates. The City shall pay the Total Compensation as follows: a. No later than the Close of Escrow (as defined in the Purchase Agreement), the City shall issue a check in the amount of $1,103,000.00 payable to Front St. — Service Station, LP and deposit the check with Old Republic Title Company, 101 North Brand Boulevard, 14th Floor, Glendale, California 91203, Attention: NoRhett Walls, Senior Account Executive ("Escrow Holder"). Escrow Holder will release the check to Front when Escrow Holder (i) receives from the City written confirmation that the Close of Escrow has occurred, and (ii) receives from Front an executed Acknowledgement of Receipt of the Total Compensation in the form acceptable to the City. The City will provide to Escrow Holder written notice of the Close of Escrow as soon as the City receives confirmation that the Close of Escrow has occurred. 3 Escrow Holder will transmit the executed Acknowledgement of Receipt of Just Compensation to the City by mailing it to the City at the address shown below. 3. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express. The Parties will address such notices as provided below or as may be amended by written notice: City: Copy to: Front: Escrow Holder: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Greg Butler, Director of Public Works/ City Engineer Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Front St. — Service Station, LP 224 S. Joy Street Corona, California 92879 Attention: Hagop Kofdarali, General Partner Old Republic Title Company 101 North Brand Boulevard, 14th Floor Glendale, California 92103 Attn: NoRhett Walls, Senior Account Executive 4. Further Documents. Each party will execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, as may reasonably be necessary in order to carry out the intent and purpose of this Settlement Agreement. 5. Waiver and Release. Except for any breach of terms or conditions contained in this Settlement Agreement, Front waives and forever releases the City, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on the City's behalf, of and from any and all claims, demands, actions or causes of action, liabilities or claims for further compensation, known or unknown, losses, damages, including, but not limited to loss of goodwill damages under Code of Civil Procedure section 1263.510 arising in connection with the City's acquisition of the Property for the Project, the construction of the Project, Front's displacement from the Property, and Front's closing of the business operated on the Property. Front acknowledges that it may have sustained damage, loss, costs or expenses which are 4 presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Front hereby acknowledges that this Settlement Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Front may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect as these may apply to the scope of the releases described in this Section 5. California Civil Code Section 1542 reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Initials of Front 6. Miscellaneous. a. Governing Law. This Settlement Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Settlement Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California b. Authority to Bind. The Parties represent and warrant to one another that the person executing this Settlement Agreement on its behalf is a representative duly authorized to bind it, and is empowered to enter into the Settlement Agreement on its behalf. c. Entire Agreement. This Settlement Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Front on the subject matter of this Settlement Agreement. No person is authorized to make, and by execution hereof the City and Front acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise not contained in this Settlement Agreement will be valid or binding on the City or Front. d. Amendments. Any amendments to this Settlement Agreement will be 'effective only by a writing executed by all Parties to this Settlement Agreement. e. Successors and Assigns. This Settlement Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. 5 f. Counterparts, Facsimile and Electronic Signatures. This Settlement Agreement may be executed in whole or in counterparts, which together shall constitute the entire Settlement Agreement. Facsimile or electronic signatures/counterparts to this Settlement Agreement shall be effective as if the original signed counterpart were delivered. g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Settlement Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. lh. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Settlement Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Settlement Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Settlement Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Settlement Agreement. i. Attorneys' Fees. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Settlement Agreement or because of a breach of this Settlement Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. j. Severability. If any part, term or provision of this Settlement Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Settlement Agreement did not contain the particular part, term or provision held to be invalid. IN WITNESS WHEREOF, this All -Inclusive Settlement Agreement and General Release is effective as of the day and year first written above. Front St. — Service Station, LP, a California Limited Partnership Dated: By: Hagop Kofdarali, General Partner 6 CITY OF TEMECULA, a Municipal Corporation Dated: By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney DB 7 EXHIBIT "A" Legal Description of Property LEGAL DESCRIPTION EXHIBIT "A" A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL 89 OF DEED RECORDED SEPTEMBER 29, 1977 AS INSTRUMENT NO. 192314 AND FURTHER SHOWN AS "REMAINDER PARCEL" OF PARCEL MAP 10814 ON FILE IN BOOK 78 PAGE(S) 5 THROUGH 8, INCLUSIVE, OF PARCEL MAPS, ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY UNE OF SAID LOT 11 NORTH 15° 39' 2T WEST, A DISTANCE OF 128.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 59° 39' 01" EAST A DISTANCE OF 9.69 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 07° 42' 41" EAST, SAID CURVE BEING ALSO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50649 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 54' 49", AN ARC DISTANCE OF 51.64 FEET; THENCE LEAVING SAID SOUTHERLY UNE SOUTH 48° 19' 13" WEST A NON -TANGENT LINE, A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83° 21'12" WEST; THENCE SOUTHERLY ALONG SAID CURE THROUGH A CENTRAL ANGLE OF 18° 36' 09", AN ARC DISTANCE OF 149.68 FEET; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH 78° 02' 39" WEST, A DISTANCE OF 78.00 FEET; THENCE SOUTH 82° 44' 46" WEST, A DISTANCE OF 214.20 FEET; THENCE NORTH 07° 15' 14" WEST, A DISTANCE OF 309.08 FEET TO A POINT ON THE NORTHERLY UNE OF SAID LOT 11; THENCE ALONG SAID NORTHERLY UNE NORTH 74° 20' 39" EAST, A DISTANCE OF 186.11 FEET TO THE NORTHWESTERLY CORNER OF PARCEL "C' DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50647 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL "C' AND PARCEL "A" OF SAID DEED TO THE CITY OF TEMECULA SOUTH 01° 15' 21" EAST, A DISTANCE OF 122.87 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01° 15' 21" WEST, SAID POINT BEING ALSO THE SOUTHWESTERLY CORNER OF SAID PARCEL "A"; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 11' 43, AN ARC DISTANCE OF 108.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID POINT BEING ALSO ON SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY UNE SOUTH 15° 39' 27" EAST ON A NON -TANGENT UNE, A DISTANCE OF 6.44 TO THE TRUE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS ALSO SHOWN AS PARCEL "A" OF LOT UNE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-210-057-0, 922-210-058-1, 922-210-059-2 EXHIBIT "B" [Depiction of Property' s74' t86 " 922,210-0`� et FCL A 8a�31 :"N p P.g �W' ;1114/2000 V 1 WESTERN BYR ASS HORRID_ ;7r, 1 '.i -8 N l 922 2V0"0 l)/ T•P•4.B. DATA TABLE @ BEARING/DELTA RADIUS LENGTH 1 N59.39'01 -E -- 9.69' 2 03'54'49" 756.00' 51.64' 3 S48'19'13"W -- 40.01' 4 1836'09" 461.00' 149.68' 5 S15s39'27"E -- 6.44' 6 08.11'4r 756.00' 108.13' • cri Z1 PpC p • 92241 4534 2()° T 02 3"E MEi2' 44 46'E 214.20' N78• RE-MPIND�R P AROYL CUNSuLT1NG i OE9 Ow • CCNSTet.0 OI.. 5050 AYEIQA El+CGMS 51J'e 260 =AILSEiAO '--ALFORNA 920071-1796 '60 476 3197 • CAA 760 476900 • 41MrFEF care 2B627" PM X10 • 200 / 100 Au. • M.8 CLT Gt� C/nL'L7U CALIFORNIA INTERSTATE -151 STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project 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: Project Cost: Actuals to Date Future Total Project 2012-13 2013-14 2014-15 2015-16 2016-17 Years Cost Administration $ 334,532 $ 165,000 $ 325,000 $ 129,450 $ 953,982 Acquisition $ 7,413,992 $ 5,000,000 $ 1,600,000 $ 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 Engineering $ 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 $10,8835,871 $ 5,549,256 $11,084,000 t $17,820,209 $ - $ - $ -- $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 (Crowne Hill) Reimbursement/Other (Morgan Hill) $ 502,211 $ 1,190,582 $ 502,211 $ 1,190,582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $ 4,691,078 $ 5,549,256 $ 4,162,195 $ 76,725 $14,479,254 TUMF (FccTGCETA90) $ 4,452,000 $ 4,452,000 TUMF (RCTGR gion)(2) $ 97,285 $ 97,285 TUMF (RCTGR gion)(3) $ 5,321,805 $ 7,804,918 $ 13,126,723 Unspecified(4) $ 9,841,281 $ 9,841,281 Total Funding: $10,835,871 $ 5,549,256 $11,084,000 $17,820,209 $ - $ - $ - $45,289,336 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 $ 6,242 $ 6,000 1 $ 6,1201 2016-17 $ 6,367 $ 6,495 (1) TUMF (RCTCICETAP) - Funding is pursuant to ROTC Agreement No. 11-72-041-00 ($5,400,000 to date) (2) TUMF (RCTCIRegion) - Funding is pursuant to ROTC Agreement No. 06-72-506 ($4,452,000) (3) TUMF (RCTCIRegion) - Supplemental funding will provide the required additional funds based on received construction bids. (4) Project cannot be constructed until a funding source is identified. 59 INTERSTATE -15 / HIGHWAY 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2010 54 Feet 0 255 530 1 060 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Award of a Construction Contract for the Temecula Community Center Renovation, PW12-01 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: 1. Award the Construction Contract for the Temecula Community Center Renovation, PW12-01, to LDCO, Inc. in the amount of $1,520,814; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $152,081, which is equal to 10% of the total contract amount; 3. Make a finding that the Temecula Community Center Renovation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On April 23, 2013, the City Council approved the plans and specifications for the Temecula Community Center Renovation, and authorized staff to solicit construction bids. The purpose of this project is to seismically retrofit the structure to current Building Codes, make the facility more energy efficient, replace the parking lot, replace the roofing and siding, construct a new entry, and construct tenant improvements to make the facility more functional and aesthetically pleasing. On May 28, 2013, a total of 12 bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Base Bid 1. LDCO, Inc. $1,520,814 2. Keeton Construction Company, Inc. $1,667,000 3. Hugo Alonso Inc. $1,838,000 4. ACR Builders $1,999,683 5. G2K Construction, Inc. $2,349,000 CA Construction non-responsive National Construction and Maintenance non-responsive Dalke and Sons, Inc. non-responsive AMG and Associates, Inc. non-responsive Young Contractors Inc. non-responsive . MDE Group, Inc. non-responsive Woodcliff Corporation non-responsive LDCO, Inc. was found to be the lowest responsible bidder. LDCO, Inc. has experience in completing similar projects in Southern California and their references all reported very good to excellent results on past work. Staff has deemed the bids submitted by CA Construction, National Construction and Maintenance, Dalke and Sons, Inc., AMG and Associates, Inc., Young Contractors Inc., MDE Group, Inc., and Woodcliff Corporations as non-responsive because the City did not receive the original bid bond within the 24-hour period as required by the project specifications, Notice Inviting Bids - Section 7, Instructions to Bidders - Section 2, and Proposal - Item No. i. The Engineer's estimate for the project was $1,800,000. The specifications allow for a construction duration of 200 working days or approximately ten months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves, and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Temecula Community Center Renovation project involves renovation of an existing building and improvments to an existing developed parcel and, therefore, it is exempt from MSHCP fees. FISCAL IMPACT: The Temecula Community Center Renovation is included in the City's Fiscal Years 2013-17 Capital Improvement Program, and is funded with Community Development Block Grant (CDBG) funds and Development Impact Fees (Parks and Recreation). With the approval of the Capital Improvement Program for Fiscal Years 2014-18, sufficient funds will be available for the construction contract amount of $1,520,814, and the 10% contingency of $152,081, for a total obligation of $1,672,895. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR TEMECULA COMMUNITY CENTER RENOVATION PROJECT NO. PWI2-01 THIS CONTRACT, made and entered into the 11th day of June 2013 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and LDCO, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled TEMECULA COMMUNITY CENTER RENOVATION, PROJECT NO. PW12-01, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for TEMECULA COMMUNITY CENTER RENOVATION, PROJECT NO. PW12-01, Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications TEMECULA COMMUNITY CENTER RENOVATION, PROJECT NO. PW12-01, In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: TEMECULA COMMUNITY CENTER RENOVATION, PROJECT NO. PW12-01 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION FIVE HUNDRED TWENTY THOUSAND EIGHT HUNDRED FOURTEEN DOLLARS AND NO CENTS ($1,520,814.00) the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Two Hundred (200) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety-five percent (95%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend the CITY OF TEMECULA, and/or the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the DISTRICT who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. Contractor and Owner do hereby acknowledge that this Contract will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to The County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least five (5) years after the expiration of the term of this Agreement. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The CITY and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula, DISTRICT or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula, CITY has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, CITY, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR LDCO, Inc. 3180 University Ave., Suite 430 San Diego, CA 92104 619-654-3043 By: Luan Dauti CEO / President By: Maria Ruiz CFO / Treasurer DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 0 B Cth /;(- eptecii,4 CALIFORNIA TEMECULA COMMUNITY CENTER RENOVATION Infrastructure I Other Project Project Description: This project will include the design and construction of the renovation of the 6,230 square foot Temecula Community Center, including seismic upgrades, energy efficient HVAC systems, windows, and other tenant improvements. Benefit 1 Core Value: This project will upgrade the building to current building codes and standards and make it more energy efficient. In addition, this project satisfies the City's Core Value of Healthy and Livable City. Project Status!: This project is in design development and is estimated to be completed by fiscal year 2012-13. Department: Public Works—Account No. 210.165.754 Level: 1 Project Cost: Actuals to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Administration $ 270,400 $ 270,400 Construction $ 1,100,000 $ 1,100,000 Construction $ 390,400 $ 390,400 Engineering $ - $ 50,000 $ - $ - $ - $ - $ - $ 50,000 Design $ 150,000 $ 150,000 Fixtures/Fum/Equip $ 10,000 $ 10,000 Utilities $ 10,000 $ 10,000 Totals $ - $ 1,590,400 $ - $ - $ - i $ - $ - $ 1,590,400 Actuals Source of Funds: to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost CDBG $ 1,200,000 $ 1,200,000 DIF (Parks & Recreation) $ 390,400 $ 390,400 Total Funding: $ - $ 1,590,400 $ - $ - $ - $ - $ - $ 1,590,400 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 2016-17 1 $ 3,000 $ 3,300 $ 3,6001 $ 3,900 119 TEMECULA COMMUNITY CENTER RENOVATION Infrastructure / Other Project Location Aerial Data - March 2010 0 125 250 Feet 500 118 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve an Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services in the amount of $84,303 for Fiscal Year 2013-14. BACKGROUND: On April 17, 2013, the Public Works Department posted on the City of Temecula's website a Request for Proposals (RFP) for heating and air conditioning (HVAC) maintenance and repair services. The Public Works Department received six proposals. A review panel was formed to provide a fair and thorough evaluation of the six proposals that were submitted. After a thorough evaluation and rating process, it was determined that Alpha Mechanical Service & Engineering, Inc. was the best qualified firm with the most cost effective proposal. As a result, staff is recommending the approval of the Alpha Mechanical Service & Engineering, Inc. agreement for Heating and Air Conditioning Maintenance Services. FISCAL IMPACT: The amount of $39,303.00 is being requested for HVAC maintenance and repair services. An additional estimated $45,000.00 is being requested for non-scheduled repairs and supplemental services. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2013-14. ATTACHMENTS: Agreement for Minor Maintenance with Alpha Mechanical, Inc. AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND ALPHA MECHANICAL, INC. HEATING VENTILATION AND AIR CONDITIONING MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of July 1, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Alpha Mechanical, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year terms. In no event shall the agreement be extended beyond June 30, 2018. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor 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 Eighty Four Thousand Three Hundred Three Dollars and No Cents ($84,303.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor 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. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor 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 Contractor's fees, it shall give written notice to Contractor 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, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Ag ree me nt. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor 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. Contractor 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. Contractor 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, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor 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 Contractor 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. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Contractor 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 Contractor, 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor 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. 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, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor'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 Contractor 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. Contractor 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 Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor 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 Contractor 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 Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: 23. ASSIGNMENT Alpha Mechanical, Inc. Contact Person: James Egon 4885 Greencraig Lane San Diego, CA 92123 The Contractor 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, Contractor'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 Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this 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. 26. 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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 ALPHA MECHANICAL, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Mark Swearingen, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: James Egan, Vice President Peter M. Thorson, City Attorney CONTRACTOR Alpha Mechanical, Inc. Contact Person: James Egan 4885 Greencraig Lane, San Diego, CA 92123 Phone Number: (866) 939-0888 Fax Number: (858) 279-1300 PM Initials: 01 Date: EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the future repairs, and maintenance of HVAC at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. All work shall be in accordance with all provisions of RFP No. 190 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager when the work can be performed in accordance with the provisions of RFO No. 190; but under no circumstance shall exceed 20 working days without approval of the City Manager. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement and provisions of RFP No. 190 with each cycle of preventative maintenance being completed within twenty (20) working days. SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Agreement Documents to construct, furnish and install complete and in place (1) maintenance services to the twenty one (21) facilities listed below three (3) times annually, and (2) scheduled or on-call emergency repair or service work requested by the City at any of the facilities listed below. 1. Old City Hall (TVE2 Resource Center) 2. Maintenance Facility (West Wing) 3. Community Recreation Center 4. Temecula Community Center 5. Mary Phillips Senior Center 6. Temecula Valley Museum 7. Chapel of Memories 8. Temecula Children's Museum 9. Fire Station 84 10. Fire Station 92 11. Fire Station 73 43200 Business Park Drive 43210 Business Park Drive 30875 Rancho Vista Road 28816 Pujol Street 41845 6th Street 28314 Mercedes Street 28300 Mercedes Street 42081 Main Street 30650 Pauba Road 32211 Wolf Valley Road 27415 Enterprise Circle Wes 12. Fire Station — Overland 13. Harveston Community Park 14. Old Town Temecula Community Theater 15. Temecula Valley Library 16. Patricia H. Birdsall Sports Park 17. Field Operations Center (FOC) 18. Temecula Civic Center 19. Parking Garage 20. Harveston Center 21. Food Pantry TIME OF COMPLETION 32364 Overland Trail 28582 Harveston Drive 42051 Main Street 30600 Pauba Road 31621 Deer Hollow Way 43230 Business Park Drive 41000 Main Street 41000 Main Street 40135 Village Road 28922 Pujol Street The Contractor shall complete of maintenance services, three times a year, starting in March, July and November. Upon starting a maintenance cycle, the work shall continue without interruption and be completed within 20 working days. FACILITY PREVENTIVE MAINTENANCE Work under this section consists of furnishing all necessary material, labor, tools, equipment, appurtenances for preventative maintenance, as outlined below, of all heating, ventilation and air conditioning (HVAC) and boiler systems for twenty one (21) City facilities. All work shall be meet or exceed the industry standards, the standards of the Manufacturer of each system, the provisions of this RFP and that of the Construction Specification Institute (CSI). The preventative maintenance service program involves two components (1) a minimum list of items to be undertaken three times per year [March, July and November], and (2) a minimum list of items to be undertaken once per year [November] in addition to the work of the first component. The Contractor shall complete a "Preventative Maintenance Program" form to be provided by the City for each facility and each system within each facility during each schedule preventative maintenance cycle. Any repair items, beyond the scope of the preventative program, that are discovered during the tune-up will be reported to the Engineer with a cost to repair the problem as outlined within the provisions of scheduled or emergency repair or service section of these Special Provisions. The Contractor shall develop, subject to review and approval of the City, an alphanumeric identification system for each separate HVAC unit (e.g., air handler and compressor) at each facility. Each unit shall be labeled and thermostats for each unit shall similarly identified. This identification system shall be applied during the first scheduled preventative maintenance event. All work and deliverables shall have a minimum 12 month warranty for labor and parts (manufacturer's warranty may be longer). Contractor agrees that any out -sourced work or jobs will carry the same warranty. The Contractor shall also warrant that any failure of materials or services within the warranty period that is traceable to materials or labor supplied during the service, shall be replaced or repaired at no additional charge to the City. The Contractor shall coordinate/schedule their work for each facility to minimize interruption/impact to each facility receiving maintenance service. This will include setting/scheduling appointments with facility staff at each location. An equipment inventory list for of all HVAC units is attached to the RFP as Appendix "A". Minimum Preventative Maintenance Items — Three Times a Year (March, July and November Preventative HVAC Maintenance (all Facilities) Test and observe heating/cooling operation of all equipment. Furnish and replace all air filters in accordance with manufacturer's specifications. Note that filters are located in standard locations for each unit except for units at the Civic Center were most of the filters were relocated from the air handling units to the return air registers. * Check refrigerant systems for proper charge. If incorrect, determine location(s) of leak(s). * Inspect and clean condensate pans, drains, and drain lines. * Inspect all electrical contacts & relays for wear and lubricate as needed. * Clean equipment of excessive grease and oil. * Secure all panels, covers, guards, etc. * Inspect drive belts for tension, wear, alignment and replace if needed. * Inspect condition of shaft & bearings and lubricate as needed. * Inspect fan blades & blowers wheels for balance, condition and cracks. * Inspect and adjust (as needed) equipment operation and safety controls. * Where filters are located at the return grill, the return shall be brushed and cleaned. * Observe air distribution devices for restrictions and adjust as needed. * Check thermostat & time clock system settings and operation. Adjust as directed by Maintenance Supervisor. * Notify Maintenance Supervisor of any needed repairs. * Check belts and lubricate all exhaust fans including exhaust fans for kitchen hoods. Note that the inventory of equipment (Appendix "A") may not show all kitchen hood and bathroom exhaust fan units. Additional Preventative Maintenance HVAC and Boiler (Civic Center Only) — in addition the above The Civic Center HVAC system is a hybrid Munters system consisting of direct (direct expansion) and indirect (evaporative) cooling within five air handling units (labeled AH1 through AH -5). In addition, the Civic Center has a boiler utilized in heating the facility (Raypak XTHERM/MVB). Munters Systems Rotate wheel to ensure bearings are properly lubricated and lubricate as needed. Inspect unit for its general condition. Any evidence of rust must be cleaned, treated with a rust converter and painted to ensure adequate protection of the metal. Clean and remove accumulations of leaves, dirt and debris form the weather hoods, unit interior, coils and condenser unit. Inspect for damaged or deteriorated components, hardware, wiring, or control mechanisms to ensure proper unit operation. * Inspect all air filters for excessive accumulation of dirt or debris. Replace filters, as required, above, 3 times a year. * Inspect unit for unusual noises or vibrations. Pay particular attention to fan & bearing condition. If excessive vibration is detected contact the Maintenance Superintended immediately. * Inspect motor and fan sheave alignment and setscrew torque. Belt groove centerlines must be in line with each other. Inspect fan belt condition and tension. Belts must be tight enough to prevent slippage while the fan is operating at full speed. Belt slippage during fan start up is normal. Any attempt to tension the belt to prevent start up slippage may over tension the belt and cause premature bearing failure. Inspect fan shaft for evidence of wear or damage, and check bearing locking collars for looseness. Retighten locking collars as needed. Inspect dampers to ensure operation is smooth, dampers shall move freely through entire range, and ensure seals are in good condition. Caution: Improper adjustment of damper(s) may cause poor performance. Consult the Munters Service Department if in doubt as to proper damper operation. Lubricate damper pivot points, side seals (if equipped) and linkage. Spray liberally with WD - 40 to clean moving parts. Spray again to lubricate. Lubricate fan bearings. Add just enough grease to cause a slight purging at the seals. Use good quality grease conforming to NLGI Grade 2 consistency. Confirm smoke detector and CO2 detectors (if equipped) operate properly. Lubricate motor. Add grease until new grease appears at motor shaft opening in endplate or purge outlet plug. Check supply/return/exhaust fan(s) motor amperage and compare with motor nameplate. * Check condenser fan(s) motor amperage and compare with nameplate. Check bearings for wear. * Check refrigerant pressures/temperatures. Clean Sumps on Both Direct & Indirect Evaporative. Boiler System Boiler * Check for proper combustion * Check pilot * Check all limit controls * Check pilot safety device * Check gas valve operation * Check thermocouple * Check all control settings * Check automatic water feed * Check low water cutoff safety Burner Section * Check for proper flame * Inspect burner orifice * Check and adjust primary air Check pilot orifice and igniters Flue Pipe * Inspect for soot, corrosion and leaks * Inspect vent cap Boiler Piping (water and gas) * Check for leaks * Check all valves for complete shutoff * Check strainers * Check make up water pressure regulation * Check relief valve Minimum Preventative Maintenance Items — Once a Year (November) Preventative HVAC Maintenance (all Facilities) * Check for correct amperage draw on unit components. * Inspect/adjust furnace burners, ignition equipment, heat exchangers and gas valves. * Check all electrical connectors for condition/tightness. * Clean evaporator and condenser coils. Additional Annual Preventative Maintenance Boiler (Civic Center Only) Boiler Piping (water) Replace acid neutralizer Burner Compartment * Remove and replace hot surface igniters * Remove and replace remote flame sensors Real Header * Visually inspect header Low Water Cut Off * Remove and clean low water cut off probe Flow Switch * Remove and check flow switch paddle Thermostat and Safeties * Cycle limit safeties to verify are within factory specifications * Verify limit safeties are set to correct temperatures * Cycle thermostat to verify the control in within factory specifications * Verify thermostat is set to the correct temperature Cabinet Pressure * Adjust cabinet air pressure to factory recommending settings Gas Pressure * Monitor supply gas pressure to heater at full fire to verify minimum gas pressure requirements are maintained * Check and adjust manifold pressures as need to be within factory required settings Lime Chips * Replace lime chips in neutralization tank Air Filter * Leave 12 air filters Startup * Perform combustion test * Supply City with detailed report of work performed EXHIBIT "B" PAYMENT RATES AND SCHEDULE SCHEDULED OR ON-CALL EMERGENCY REPAIR OR SERVICE SCHEDULE OF PRICES - PREVENTATIVE MAINTENANCE (BASE PRICE) ITEMQUANTITY NO. L_ �,I `i1 cii' ESTIMATED (per year) UNIT UNIT PRICE EXTENDED AMOUNT A HVAC PREVENTATIVE MAINTENANCE PROGRAM 1 a Old City Hall/TVE2 (three times / year) 3 LS $1,075.00 $3,225.00 1 b Old City Hall/TVE2 (one time / year) 1 LS $1,075.00 $1,075.00 2a Maintenance Facility (three times / year) 3 LS $262.00 $786.00 2b Maintenance Facility (one time /year) 1 LS $262.00 $262.00 3a Community Recreation Center (CRC) (three times /year) 3 LS $800.00 $2,400.00 3b Community Recreation Center (CRC) (one time / year) 1 LS $800.00 $800.00 4a Temecula Community Center (TCC) (three times / year) 3 LS $120.00 $360.00 4b Temecula Community Center (TCC) (one time /year) 1 LS $120.00 $120.00 5a Senior Center (three times /year) 3 LS $235.00 $705.00 5b Senior Center (one time /year) 1 LS $235.00 $235.00 6a Temecula Valley Museum (three times / year) 3 LS $150.00 $450.00 6b Temecula Valley Museum (one time / year) 1 LS $150.00 $150.00 7a Chapel of Memories (three times / year) 3 LS $50.00 $150.00 7b Chapel of Memories (one time /year) 1 LS $50.00 $50.00 8a Children's Museum (three times /year) 3 LS $201.00 $603.00 8b Children's Museum (one time /year) 1 LS $201.00 $201.00 9a Fire Station 84 (three times /year) 3 LS $211.00 $633.00 9b Fire Station 84 (onetime/year) 1 LS $211.00 $211.00 10a Fire Station 92 (three times /year) 3 LS $292.00 $876.00 10b Fire Station 92 (onetime/year) 1 LS $292.00 $292.00 11 a Fire Station 73 (three times /year) 3 LS $58.00 $174.00 �' DESCRIPTION ESTIMATED QUANTITY (per year) UNIT UNIT PRICE EXTENDED AMOUNT 11 b Fire Station 73 (one time /year) 1 LS $58.00 $58.00 12a Fire Station - Overland (three times / year) 3 LS $58.00 $174.00 12b Fire Station - Overland (one time / year) 1 LS $58.00 $58.00 13a Harveston Community Park (three times / year) 3 LS $72.00 $216.00 13b Harveston Community Park (one time / year) 1 LS $72.00 $72.00 14a Community Theater (three times /year) 3 LS $299.00 $897.00 14b Community Theater (one time /year) 1 LS $299.00 $289.00 15a Library (three times /year) 3 LS $729.00 $2,187.00 15b Library (one time /year) 1 LS $729.00 $729.00 16a Birdsall Sports Park (three times / year) 3 LS $133.00 $399.00 16b Birdsall Sports Park (onetime/year) 1 LS $133.00 $133.00 17a Field Operations Center (three times / year) 3 LS $283.00 $849.00 17b Field Operations Center (one time / year) 1 LS $283.00 $283.00 18a Civic Center (three times /year) 3 LS $4,372.00 $13,116.00 18b Civic Center (one time /year) 1 LS $4,372.00 $4,372.00 19a Parking Garage (three times /year) 3 LS $305.00 $915.00 19b Parking Garage (one time /year) 1 LS $305.00 $305.00 20b Harveston Center (three times /year) 3 LS $191.00 $573.00 20b Harveston Center (one time / year) 1 LS $191.00 $191.00 21a Food Pantry (three times /year) 3 LS $29.00 $87.00 21 b Food Pantry (one time /year) 1 LS $29.00 $29.00 TOTAL AMOUNT OF PREVENTATIVE MAINTENANCE BASE PRICE: Thirty Nine Thousand Three Hundred Three Dollars and No Cents ($39,303.00) Percentage Markups Labor % Markup Material 15 % Equipment Rental 15% Other Items and Expenditures 15% Subcontracted Work (up to $5,000) 10% (amount over $5,000) 5 % Indicate all prevailing wage classification(s) to be used for workers involved scheduled or on-call emergency work: Service Repair (Plumb/HVAC Filters), Laborer Gr 1 Sheetmetal Worker, Sheetmetal Technician, Utility Worker Provide total hourly standard wage and all overtime wage rates (time and one-half, double time, & other) & when/how they apply for the aforementioned workers (inclusive of all benefits, markups, overhead, and equipment utilized by the employee including transportation). Service Repair (Plumbing!HVAC Filter) Sheetmetal Worker Sheetmetal Technician Utility Worker Laborer Group 1 Standard Rates Overtime Rates $59.65 $54.74 $33.24 $13.62 $43.27 $79.01 $71.88 $46.11 $17.62 $56.34 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve an Agreement with Theodore Robins Inc. d/b/a Theodore Robins Ford for the purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment for a total amount of $77,734. BACKGROUND: On April 30, 2013, the Public Works Department posted on the City of Temecula's website a Request for Quotes (RFQ) for the purchase of a Ford F-550 Super Duty Chassis Cab and Utility Bed with Equipment. Five quotes were received on or before the May 14, 2013 submission deadline. The solicitation included the City's local preference program; however, it did not impact the award of this purchase as there were no local vendors within 5% of the lowest responsive submission. Final rankings are as follows: 1. Theodore Robins Inc. $77,734.00 2. Fairview Ford Sales, Inc. $77,767.26 3. Frontier Ford $79,679.16 4. Raceway Ford $80,453.52 5. Rancho Ford (Local Vendor) $88,799.00 Pursuant to the City's purchasing policy, staff recommends authorization of the purchase of a Ford F-550 Super Duty Chassis Cab and Utility Bed with Equipment from Theodore Robins Inc. d/b/a Theodore Robins Ford. FISCAL IMPACT: State Gas Tax revenue funds will be utilized for this purchase which will necessitate that it be used exclusively for City street and road purposes including, asphalt repairs, concrete repairs, etc. The purchase amount of the new equipment is included in the Fiscal Year 2012-13 Annual Operating Budget. ATTACHMENTS: Agreement with Theodore Robins Inc. d/b/a Theodore Robins Ford AGREEMENT FOR PURCHASE OF EQUIPMENT BETWEEN CITY OF TEMECULA AND THEODORE ROBINS INC. D/B/A THEODORE ROBINS FORD FORD F 550 XL SUPER DUTY CHASSIS CAB AND UTILITY BED WITH EQUIPMENT THIS AGREEMENT is made and effective as of June 11, 2013, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Theodore Robins Inc. dibia Theodore Robins Ford 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 June 11, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 1, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment, as more particularly described in Exhibit A, Description of Equipment 1 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 Seventy Seven Thousand Seven Hundred Thirty Four Dollars and No Cents ($77,734.00). The Purchase Price is final and shall be paid by City to Vendor in accordance with the following schedule: 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. 1 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. Vendor is aware that City is purchasing the Equipment for use 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 shall be on or before December 1, 2013. 6. PLACE OF DELIVERY The Equipment shall be delivered to the following location: City of Temecula, Field Operations Center (FOC) 43230 Business Park Drive, Temecula, CA 92590. (Contact Person: Rodney Tidwell) 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 2 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is riot required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 11. MAINTENANCE Vendor shall maintain the Equipment in accordance with the terms of the maintenance schedule attached hereto as Exhibit D, and incorporated herein by this reference as though set forth in full. In performing the maintenance of the Equipment, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its maintenance obligations under this Agreement. 12. 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. 13. 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 Proposal (RFP)), attached hereto as Exhibit A • Response/Quotation to the Request for Proposal (RFP), attached hereto as Exhibit B • Copy of Agreement, attached hereto as Exhibit C • Maintenance Schedule, attached hereto as Exhibit D 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. 3 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Vendor or Vendor's sub -Contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 4 20. 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. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Theodore Robins Ford, Inc Contact Person: Greg Place 2060 Harbor Blvd. Costa Mesa, CA 92627 22. EFFECTS OF HEADINGS 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. 23. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 5 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Theodore Robins, Inc., d/b/a Theodore Robins Ford (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor James Robins, Secretary ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR: David Robins, Treasurer Theodore Robins, Inc. Contact Person: Greg Place 2060 Harbor Blvd. Costa Mesa, CA 92627 Phone Number: (714) 655-7992 fordbids@gmail.con 7 PM Initials: n B Date: 1/ EXHIBIT A GENERAL SPECIFICATIONS FOR: ONE (1) FORD F550 XL SUPER DUTY CHASSIS CAB and ONE (1) UTILITY BED WITH EQUIPMENT EXHIBIT "13" SPECIFICATIONS FOR ONE (1) FORD F 550 XL SUPER DUTY CHASSIS CAB • NUMBER/ITEM.• DESCRIPTION SPECIFICATION INCLUDED (YES/NO) COMMENTS 1. G.V.W.R. Approx. 19,500 lbs. Yes 2. PAYLOAD CAPACITY 12,666 lbs. Yes 3. ENGINES 6.8 L 3 -Valve Triton Gas V 10. Axle Ratio - 4.88 Yes 4. BODIES Regular Cab. Yes 5. TRIM /DRIVELINES F- 550 XL -4X2, 19.5" Argent -Painted Steel 225/70x19.5G all -season BSW tires 40/20/40 split front seat steel HD vinyl Yes 6.TRANSMISSION To gShift 5 -speed automatic transmission Yee 7. ALTERNATOR 176 -amp heavy duty Ye s 8. DIMENSIONS & WEIGHTS F-550 drw 4X2: wheelbase 164.8" cab to axle 84" top of cab to ground 80.7" top of frame to ground 33.4" axle clearance 8.4" front track 74.8" rear tire outside width 93.9" overall length 250.5" Max. GVWR 19,500 (lbs) Max. payload 12,666 (lbs) Yes 9. COLOR Oxford White Yes 10. PACKAGES High -Capacity Trailer Package No Req Del AM/FM stereo with digital clock and 2 s eakers Yes 8 SPECIFICATIONS FOR ONE (1) FORD F-550 XL SUPER DUTY CHASSIS CAB • NUMBER/ITEM DESCRIPTION SPECIFICATION INCLUDED (YES/NO) COMMENTS' 11. INTERIOR Climate Controls - Manual Door locks - Manual Flooring - Black vinyl Mirror - Manual day/night rearview Steering column - Manual-tilt/•lelescoping Steering wheel - Black urethane with 3- button message center control Visors with passenger mirror Window - Rear, fixed Windows -- Manual (POWER OPTIONAL) Yea 12. MASAGE CENTER Multifunction with trip computer includes odometer trip odometer engine -hour meter distance to empty average fuel economy oil -life monitor warning messages system check language selection Ice Blue Lighting Yes 13. EXTERIOR Bumper - Black - painted front with grained top cover Door handles - Black Glass - Solar -tinted Grille - Black bar -style Mirror - Manually telescoping trailer tow 2 - way fold and manual glass Yes 14. WARRANTY Factory/dealer warranties will be furnished with vehicle upon delivery. Yes 15. OWNERS MANUAL Operators Manual will be furnished with Vehicle upon delivery. Yes 16. REGISTRATION Exempt - Dealer to process all necessary DMV registration papers (No Charge for Exempt Registration), Yea 17. FUEL TANK 28- US Gallon Yea 18. TIRES 225/70x19.5G all -season 8SW tires, Yes 9 SPECIFICATIONS FOR ONE (1) FORD f 550 XL SUPER DUTY CHASSIS CAB NUMBER/ITEM DESCRIPTION SPECIFICATIONINCLUDED (YESJNO) COMMENTS 19. KEYS 5 Sets of Vehicle Keys Yen 20. AIR CONDITIONING Factory Installed Yes 21. FUEL Gasoline Standard Yes 22. BRAKES Power Brakers Yes SPECIFICATIONS FOR ONE (1) UTILITY BED WITH EQUIPMENT SPECIFICATIONS FOR ONE (1) UTILITY BED WITH EQUIPMENT NUMBERIITEM DESCRIPTION SPECIFICATION INCLUDED ' (YES/NO) COMMENTS 1. SERVICE BODY DRW 84CA-132" long, 94" wide, 49" floor 1 EA width, 38" tall vertical closed top Compartments configuration; 1" compartment shall be 24" In lieu of 34" 216 compartrnent shall be 34" in lieu of 24" 1 ea - front SIS 24" front work deck with access door tea - VS and C/S 34" compartments shall have split double doors lea - C/S front 24'W compartment 4ea - Celli roll put drawers, 250# capacity, from bottom up (1) 6", (1)4", (1)3" with no drivers and (1)3" with drivers and cross dividers, installed in C/S 24' wide compartment. lea - rope lights on 3 sides of each compartment with Cole hersee contact switchers wired 10 labeled master switch in cab. Light shelf be wired constant hot, lea- full height hand rail of minimum W' Yea Dia. Rod mounted on inner margin of C/S real end panel. lea - Arrow Board mounting bracket on front for SSI brand, Model # SY3983672L Arrow Board with #SY3900100 bracket. 2ea - Scelzl beacon mounts, model # SE091021, one each side of Arrow Board mounting bracket. 2ea--Amber L.E.D. strobe lights, Ecco model # 6675A installed one each side on beacon mounts on side of Arrow Board bracket, both lights wired to labeled switch in cab. Lights shall be wired constant hot. lea - Arrow Board, SSI brand model #SY3983672L, 38"X72" I.e.d. Arrow Board with 561 brand 100 degree power lift bracket model #5Y3899105. Arrow Boards need has 12 Arrow Modes, 5 Flash Modes ans 7 Sequential Modes. SPECIFICATIONS FOR ONE (1) UTILITY BED WITH EQUIPMENT 4ea - Amber strobe lights, SSI brand model #SY367000-A, installed at front grill, (1) each side and (2) at the rear end of panels, installed high and outboard, (1) each side, light wired to labeled switch in cag. Light shall be wired constant hot. lea - Second bulkhead behind front work deck. lea - Champion air compressor model # HGR-3K, Kohler gasoline engine, 29.5 CFM®175 PSI air delivery, mounted at front S/S work deok with start/stop controls remote mounted in SIS 3©, 34" compartment at top right hand side. lea - NAPA #90-7960 filter/oller/regulatar mounted CIS rear compartment plumbed between compressor and hose reel. lea - National Spencer #1458R, 3/8" Dia. X 50' long air hose reel located in C/S real compartment with fair lead on rear end panel and hose exiting end panel with shelf above hose reel. lea- In bed electro hydraulically powered dump body, begin behind 2'''' bulkhead, 9' long dump body with 3 each %" Dia. Rope hooks each side evenly spaced and along top, inner rim of body. lea - Front cone holder, model yes #SE110116, installed on C/S. lea - Honda gas power generator, model # EU3000IS, 3KW mounted on 250# pull out tray installed in C/S #2 34"W compartment with shalt above and with one each 120•Volt, GFI duplex receptacle on C/S rear end panel. 2ea - Rom brand # KR -9B-2004/2 extendable aluminum poles with(2) Maxxima SP #MWL005, L.E.D. work lights, (1) each pole mounted C/S front end panel and (1) each pole mounted C/S rear end. Both lights wired to labeled switch in cab. Lights shall be wired constant hot. 2ea - Custom Box, 108'1 x 22"W x 18"11 with double hinged, Hasp locking lid designed to access from cargo bed installed on top of S/S compartment. lea - Bumperetts model # SE -10200812 2. BUMPER - in lieu of standard bumper. BUMPERETTES 2ea- L.E.D. 4" red round stop/tum/tail lights. Yes SPECIFICATIONS FOR ONE (1) UTILITY BED WITH EQUIPMENT 2ea — L.E.Q. 4"round dear back up lights. 5ea — L.E.D. 2 1/5" red round clearance lights. lea — Vise Mount, Model # LVSR With 8"x 8" x .250" plate installed on S1S rear bumper. 1 ea — 3/8" thick buck plate with BH -82000 pintle hitch, D -rings and class IV receiver tube mounted below pintle hitch. lea •-6-prong trailer connector, Cole Yes Hersee Model # 1235. 1 ea — Preco Back Up Alarm, Model #240. 1 ea — MWD Fee, Hazardous Waste Disposal Fee. lea — Weight Certificate, Weight Certificate of Completed Unit. lea — Transportation, 2 -Way Transportation, Delivered to City of Temecula. CA. EXHIBIT "B" VENDOR: Theodore Robins Ford 2060 Harbor. Blvd Costa Mesa Ca 92627-2673 ADDRESS: PHONE/FAX; 949-610-0586 949-515-1325 AUTHORI'ZED REPRESENTATIVE: SIGNATURE: Greg Place FORD 550 XL SUPER DUTY CHASSIS CAB MAKE: Ford MODEL: F550 YEAR: 2014 COLOR: White UTILITY BED MAKE: Pacific COLOR: White VEHICLE PRICE: EQUIPMENT PRICE: SALES TAX: TOTAL PRICE: MODEL: 132" $71,966.20 $10.50 Tire Tax $5,757.30 $77,734.00 YEAR: 2014 COSTS STATED WITHIN THE UNIT SALES PRICE ARE ALL-INCLUSIVE FOR SPECIFICATIONS LISTED. SIGNING THIS PROPOSAL GUARANTEES DELIVERY WITHIN 60-90 DAYS OF RECEIPT OF PURCHASE ORDER. Delivery 90-180 14 EXHIBIT B RESPONSE/QUOTATION TO THE REQUEST FOR QUOTES (RFQ) Final rankings are as follows: 1 Theodore Robins Ford $77,734.00 2. Fairview Ford Sales, Inc $77,767.26 3. Frontier Ford $79,679.16 4. Raceway Ford $80,453.52 5. Rancho Ford (Local Vendor) $88,799.00 15 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Approve Encroachment Agreement for Assessor Parcel Numbers 922-033-005 and 922-033-006 (located at 41958 Fifth Street, Temecula) PREPARED BY: Mayra De La Torre, Senior Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA)" BACKGROUND: The properties associated with the assessor parcels shown are located at 41958 Fifth Street and are being developed for a full service restaurant use, to be known as the Black Bird Tavern. While processing the necessary Building and Safety Permits for the improvements needed to support this enhanced use, Eastern Municipal Water District (EMWD) informed the restaurant ownership of the need to upgrade to a larger capacity grease interceptor pursuant to recently updated regulations. Unfortunately there is not an appropriate location outside of the public right-of-way to install this larger underground tank. To facilitate this, an Encroachment Agreement is necessary to allow the private improvement to occupy the right-of-way beneath the sidewalk, with private access manholes at the sidewalk surface. The agreement will require the private property owner to maintain the grease interceptor and the surrounding right-of-way as well as provide the City right-of-way improvements and the necessary protections and indemnifications associated with a private improvement within the public right-of-way. FISCAL IMPACT: None ATTACHMENTS: Agreement for Encroachment RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA)" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council finds, determines and declares that: A. As part of the land use entitlements for the remodeling of the building currently on the Property located at 41958 Fifth Street, Temecula, California 92590, Owner is required to comply with all requirements of Eastern Municipal Water District ("EMWD"). EMWD has required Owner to install a "grease interceptor" as a condition of the issuance of its sewer connection permit for the Property and which shall comply with the plans and specifications approved by EMWD. The grease interceptor required by EMWD is a large structure that must be buried below grade so as to facilitate access to the EMWD sewer lines ("Improvements"). Due to the age of the building and its configuration on the Property, the only feasible location for the grease interceptor is on the public right of way owned by the City. B. The Owner and City have agreed that it is in their mutual interests for Owner to install and construct the grease interceptor required by EMWD for the Property within the City right of way. C. The Improvements within the City right of way shall be constructed in such a manner so that it will not interfere with the use of the City right of way. The Improvements are consistent with the provisions of the City's Old Town Specific Plan encouraging the adaptive reuse of buildings in the Old Town Area as the location of the Improvements is the only one feasible for the building on the Property. D. The Owner has agreed to be responsible for all maintenance or replacement of the Improvements in accordance with the terms of this Agreement. Section 2: The City Council of the City of Temecula hereby approves that certain "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 5TH STREET, TEMECULA)" with such changes in such document as may be mutually agreed upon by the Owner and City Manager as are necessary or convenient to effectuate the purposes of the Agreement. The Mayor is hereby authorized to execute Agreement on behalf of the City. A copy of the final Agreement when executed by the Mayor and Owner shall be placed on file in the Office of the City Clerk. Section 3: 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 and related documents, including, but not limited to, the approval and execution on behalf of the City of certificates of completion, title reports, certifications, and such other implementing agreements and documents as contemplated or described in the Amendment or as may be necessary or convenient for the implementation of the Agreement. Section 4: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day June of 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, 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 AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees pursuant to Govt. Code Sec. 27383 AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA) THIS AGREEMENT is made and entered into in Temecula, California, as of June 11, 2013, by and between Donald P. and Katharyn I. Egizi Trust ("Owner"), and the City of Temecula, a municipal corporation, located in the County of Riverside, State of California ("City"). In consideration of the mutual promises contained herein and the purposes hereof, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts that the parties agree are true and correct: A. The Owner owns real property ("Property") located at 41958 Fifth Street, in the City of Temecula, County of Riverside, State of California, Assessor Parcel Numbers 933-033- 005 and 922-033-006, and is more specifically described and depicted on Exhibit A which is attached hereto and incorporated herein by this reference. B. As part of the land use entitlements for the remodeling of the building currently on the Property, Owner is required to comply with all requirements of Eastern Municipal Water District ("EMWD"). EMWD has required Owner to install a "grease interceptor" as a condition of the issuance of its sewer connection permit for the Property and which shall comply with the plans and specifications approved by EMWD. According to the December 2011 "Sewer Management Plan" of EMWD, a grease interceptor is designed to intercept fats, oils, grease and other substances that contribute to the obstruction of sewer pipes. The grease interceptor required by EMWD is a large structure that must be buried below grade so as to facilitate access to the EMWD sewer lines. Due to the age of the building and its configuration on the Property, the only feasible location for the grease interceptor is on the public right-of-way controlled by the City. -1- C. The Owner and City have agreed that it is in their mutual interests for Owner to install and construct the grease interceptor required by EMWD for the Property within the City right of way. The description of the grease interceptor and its location on the City right-of-way are specifically described and depicted on Exhibit B which is attached hereto and incorporated herein by this reference ("Improvements"). D. The Improvements within the City right of way shall be constructed in such a manner so that it will riot interfere with the use of the City right-of-way. The Improvements are consistent with the provisions of the City's Old Town Specific Plan encouraging the adaptive reuse of buildings in the Old Town Area as the location of the Improvements is the only one feasible for the building on the Property. E. The Owner has agreed to be responsible for all maintenance or replacement of the Improvements in accordance with the terms of this Agreement. 2. Right to Encroach onto and within City Right of Way. Owner is hereby granted the right to construct, install and maintain the Improvements on, within and under the public right of way controlled by the City at the location also described in Exhibit C to this Agreement ("City Right -of -Way"), subject to the terms of this Agreement. A. All construction and maintenance of the Improvements shall comply with all City, state, and federal laws, regulations and ordinances in effect at the time such construction or maintenance of the Improvements occurs, including without limitation, EMWD's ordinances and regulations. B. All construction and maintenance of the Improvements shall be at the sole cost and expense of the Owner. C. All construction related to the Improvements shall require permits from the City and EMWD and other applicable agencies. D. Owner shall comply with all applicable conditions of approval and permit requirements with respect to the land use approvals for the project and EMWD's approval of the Improvements. E. In further consideration of the City's approval of the encroachment on the public right of way of the Improvements, Owner agrees that within six (6) months from the date of this Agreement, Owner shall construct and install sidewalk, curb and gutter adjacent to the Property on Fifth Street and any paving necessary between the gutter and existing pavement. Owner shall post a performance bond and a labor and materials bond for the work described under this Subparagraph in the estimated amount of the work and on a form acceptable to the City Attorney. The Director of Public Works may extend the time for completion of the work described under this Subparagraph in his sole discretion. Owner shall obtain and comply with all permits required by the City or other applicable governmental entities for the work described in this Subparagraph. 3. Maintenance and Replacement of Improvements. Owner shall maintain and replace, at its sole cost and expense, all Improvements in accordance with the applicable requirements of EMWD for the grease interceptor and the City of Temecula's public improvement maintenance and replacement standards for the surface of the Improvements, which standards now exist or may be hereafter enacted or amended. Owner shall maintain and replace all Improvements in a mariner assuring public access at all times. -2- A. City hereby grants to the Owner, or Owner's designee, permission to maintain or replace the Improvements and to access to the Improvements upon notice to the Director of Public Works. B. Notice shall be not less than five (5) business days for maintenance or for replacement of an Improvement, provided, however, that if maintenance or replacement is required for public health and safety as a result of an accident or unforeseen event, the Owner shall notify the Director of Public Works as soon as possible following the event of the nature of the event and the proposed maintenance or replacement. C. Owner shall minimize or avoid interference with City's use of the Property and provide public with access to the Improvements or alternate. The Owner and Director of Public Works shall cooperate in the preparation of a schedule of maintenance and replacement. D. In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance or fails to commence and diligently pursue replacement as contemplated by this Agreement within five (5) business days of being given written notice by the City, except when maintenance or replacement is required for public health and safety as a result of an accident or unforeseen event, the City is hereby authorized to cause any maintenance or replacement necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs, attorney's fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full. E. In the event that Owner fails to maintain the Improvements as required by this Agreement and the cure period provided by this Agreement has expired, City shall have the right to perform the necessary maintenance work as the abatement of a public nuisance and the City's actual costs of performing such work shall constitute a lien on the Property which may be assessed pursuant to Chapter 8.12 of the Temecula Municipal Code. 4. Relocation of Improvements. In the event that the City changes the grade, improves or otherwise modifies the street, gutters, curb, sidewalk or other portions of the City right of way in or around the Improvements, Owner shall be responsible for the costs of relocating the Improvements to accommodate such modifications. Additionally, Owner understands and agrees that its rights to construct and maintain the Improvements pursuant to this Agreement may be subject to the rights of utilities in the street and understands and agrees that it may be required to relocate the Improvements in order to accommodate changes, improvements or other modifications of the utilizes. 5. Indemnification. Owner agrees to defend, indemnify, protect and hold harmless the City, Temecula Community Services District, or Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers ("Indemnitees") from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the Indemnitees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising from the Improvements or arising out of and to the extent of acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement by Owner, or use of the Property including without limit damages arising from or attributable to any operations, repair, clean-up or detoxification, or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste (as defined by state and federal law) released from the Improvements. This indemnity afforded Indemnitees, shall only be limited to exclude coverage for intentional -3- wrongful acts and negligence of Indemnitees. The foregoing indemnity is intended to operate as an agreement pursuant to Section 42 USC. §9607(e) of CERCLA and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify Indemnitees from liability. 6. Insurance. In addition to the provisions of Paragraph 5, Indemnification, Owner shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the Improvements and the performance or non-performance of the work by the Owner, its agents, contractors, representatives, or employees pursuant to this Agreement. Owner shall also require its contractors working on the Improvements to procure and maintain such insurance while so working. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. B. Minimum Limits of Insurance. Owner shall maintain limits no less than: General Liability: $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 the Improvements and the work pursuant to this Agreement or the general aggregate limit shall be twice the required occurrence limit. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion. D. Other Insurance Provisions. The general liability policies shall 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 Owner; products and completed operations of the Owner; premises owned, occupied or used by the Owner; or automobiles owned, leased, hired or borrowed by the Owner. 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 Owner'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 Owner's insurance and shall not contribute with it. -4- 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Owner'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) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 6) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days' prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits. 7) Within one (1) business day following receipt by Owner of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Owner shall notify City of such action or proposed action. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A -:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverage. Owner shall furnish the City with a certificate of insurance executed by a person authorized by that insurer to bind coverage on its behalf. G. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section. Every five (5) years from the date of this Agreement, City Manager shall review the insurance provisions and limits and may reasonably increase the policy limits or reasonably modify the insurance provisions. 7. Defaults and Remedies A. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party specifying the acts or failures to act complained of. B. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non -defaulting party resulting from the default or during the period of default. -5- C. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. Any failures delays by either party in asserting any of its rights and remedies as to any default shall riot operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce an such rights or remedies. E. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other part for any damages caused by such default, and the non -defaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. F. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the non -defaulting party at its option may thereafter (but riot before) commence an action for specific performance of terms of this Agreement. The City and Owner agree that damages would not be an adequate remedy if the Owner fails to carry out its obligations under this Agreement and that City shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement due to the fact that the City is required to comply with the specific requirements of Federal, State and local laws and protect the health, safety and general welfare of the community. G. If a default under this Agreement is not fully cured by the Owner as provided in this Paragraph, the City at its option may thereafter (but not before) terminate this Agreement or terminate the Certificate of Occupancy for the Property. H. In the event 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. 8. Covenant Running with the Land. This Agreement shall be a covenant running with the land and shall be binding upon the Property and any future owners of the Property or successors in interest of Owner or future owners, and shall run to the benefit of the City, until this Covenant is released or modified by the City. This Covenant shall run with the land and shall be a burden upon the Property and shall be for the benefit of all real property owned or controlled by the City which is located in the City of Temecula, County of Riverside, State of California, including but not limited to the street and public rights of way surrounding the Improvements. This instrument is intended to be a covenant running with the land and such intention shall be liberally construed in favor of the City. The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor. -b- 9. Recordation of Agreement. This agreement shall be recorded in the Office of the Recorder of Riverside County, California, at the expense of the Owner, and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. The parties agree that recordation is proper as a conveyance restriction under Government Code §27281.5. 10. General Provisions. A. Time is of the essence in this Agreement. B. Each person executing this agreement warrants and represents to the parties that the party on whose behalf they are signing has approved this Agreement pursuant to all applicable laws and corporate authorities and that they are duly authorized to execute this Agreement on behalf of the party. C. This Agreement shall not be effective and shall not be recorded until such time as Owner has duly executed this Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attached hereto as Exhibit D. and incorporated herein as though set forth in full, which shall be recorded as an exhibit to this Agreement. D. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. If notice is by personal service, notice shall be deemed effective upon personal service at the address listed below. If notice is sent by mail, notice(s) shall be deemed effective upon receipt, or two (2) business days after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. IF TO CITY: IF TO OWNER: City of Temecula 41000 Main Street Temecula, CA 92590-9033 Attention City Manager Donald P. and Katharyn I. Egizi Trust P.O. Box 890463 Temecula, CA 92589 -7- IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF TEMECULA Mike Naggar Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney DB Donald P. and Katharyn I. Egizi Trust By: Name: Donald P. Egizi Title: Owner By: Name: Katharyn I. Egizi Title: Ower A notary acknowledgement is required for recordation -8- State of California County of ) ) On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within AN AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA) instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -9- State of California County of ) ) On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA) instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -10- EXHIBT A LEGAL DESCRIPTION OF PROPERTY Lots 25 and 27, Block 21 of Town of Temecula map, on file in Book 15, Page 726, Records of Riverside County, California. -11- EXHIBIT B DESCRIPTION AND LOCATION OF IMPROVEMENTS A 6 foot wide by 8 foot long, 750 gallon concrete grease interceptor box within the Fifth Street public right-of-way. -12- EXHIBIT C DESCRIPTION AND DEPICTION OF CITY RIGHT OF WAY IN WHICH IMPROVEMENTS WILL BE CONSTRUCTED -13- EXHIBIT D LENDERS CONSENT LENDER'S CONSENT AND SUBORDINATION TO AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA) ("Lender") holds a security interest in a portion of the Property described in the attached "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA)" by and between Donald P. and Katharyn I. Egizi Trust ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City") (the "Agreement"). 1. Lender acknowledges that the Agreement is an integral part of the Owner's land use entitlements for the Property and will provide significant benefits to the Owner and to the Property. 2. In consideration of the rights and benefits conferred upon the Owner by the terms of the Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Agreement and its recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Agreement. 3. The City agrees to provide notice of any default to Lender pursuant to the Agreement at the following address: -14- IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of , 2013. Lender: Name: Title: Name: Title: [Two notarized signatures of authorized officers/members required.] -15- State of California County of ) ) On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within LENDER'S CONSENT AND SUBORDINATION TO AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA) instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -16- State of California County of ) ) On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within LENDER'S CONSENT AND SUBORDINATION TO AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA) instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -17- EXHIBIT "B" un ,inon 41958 5th Street TEMECULA �.j VNT-Ym..sn..ygnnain Black Bird Tavern - ilk1 ill,__ / / - .- /�.. - . /z6 R (_ NrE EPrOR // / / / t f / ! Q " 0� 15,-...-, \ -2440" 43:-\ .. Legend a City Aerial 2012 Transparent 0 Parcels M Scale: 1:530 0 50 100 150 ft. Map center: 6287275, 2124917 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current. or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. EXHIBIT "B" EXHIBIT "C" ,--" I nr , FIN ,JI ►TE,MF,CULa Black Bird Tavern - 41958 5th Street 1111011:acill / -;•`‘' IIIP mor.. - t'. / 8,... :: ° F: r / H / rr / a . az 'VA _ \ .. w \ y V\ Legend city Aerial 2012 Transparent o Parcels 0 50 100 150 ft.Scale: Map 6287275, 2124917 1:530 center: This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. EXHIBIT "C" TEMECULA COMMUNITY SERVICES DISTRICT Item No. 20 ACTION MINUTES of May 28, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:48 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Paul Jacobs CSD CONSENT CALENDAR 9 Action Minutes — Approved staff recommendation (4-0-1, Director Roberts abstained) Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected approval with Director Roberts abstaining as he did not attend the May 14, 2013 City Council meeting. RECOMMENDATION: 9.1 Approve the action minutes of May 14, 2013. 10 Amendments to Annual Agreements for various services required by the Parks and Facility Maintenance Division for Fiscal Year 2013-14 — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the following Amendments to Annual Agreements in the amounts stated for Fiscal Year 2013-14 for routine and emergency services for various Parks and Facility Maintenance Division needs: General Maintenance Contract Services: West Coast Arborists, Inc. — First Amendment $435,000 Craftsmen Plumbing, Heating & Cooling, Inc. — Third Amendment $200,000 Del Rio Enterprise, Inc. — Third Amendment $100,000 Witcher Electric — Third Amendment $100,000 Environmental Cleaning Solutions — Second Amendment $78,180 Strong's Painting — Third Amendment $75,000 Moore Fence Company, Inc. — Third Amendment $50,000 CSD Action Minutes 052813 Power Distributors, Inc. — Third Amendment $50,000 Musco Sports Lighting, LLC — Third Amendment $50,000 Clear Image Window Cleaning — Third Amendment $30,000 ThyssenKrupp Elevator — Third Amendment $26,800 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:54 P.M., the Community Services District was formally adjourned to Tuesday, June 11, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 CSD Action Minutes 052813 Jeff Comerchero, President Item No. 21 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: June 11, 2013 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2013 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Nine Months Ended March 31, 2013. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the Nine months ended March 31, 2013. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of March 31, 2013 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Nine months ended March 31, 2013 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2013 Parks & Service Service Level Service Level Recreation Level B C D ASSETS: Cash and Investments $ 464,716 $ 43 $ 1,056,431 $ 262,047 Receivables 57,561 97 7,322 2,100 Due from Other Funds 12,591 - - - Deposit 4,994 - - - TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: $ 539,862 $ 140 $ 1,063,753 $ 264,147 Other Current Liabilities $ 398,272 $ 12,927 $ 95,014 $ 2,232 TOTAL LIABILITIES 398,272 12,927 95,014 2,232 FUND BALANCES: Nonspendable: Deposits 4,994 Restricted For: Community Services 136,596 Unassigned - (12,787) 968,739 261,915 TOTAL FUND BALANCES 141,590 (12,787) 968,739 261,915 TOTAL LIABILTIES and FUND BALANCES $ 539,862 $ 140 $ 1,063,753 $ 264,147 NOTE: Balances are unaudited 1 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2013 Service Service Level R Level L ASSETS: Summer Library Youth Program Total Cash and Investments $ 10,542 $ 256,173 $ 211,155 $ 9,701 $ 2,270,808 Receivables 21 595 784 1 68,481 Due from Other Funds - - 12,591 Deposit 4,994 TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: $ 10,563 $ 256,768 $ 211,939 $ 9,702 $ 2,356,874 Other Current Liabilities $ $ 15,320 $ 17,089 $ 206 $ 541,060 TOTAL LIABILITIES 15,320 17,089 206 541,060 FUND BALANCES: Nonspendable: Deposits - - 4,994 Restricted For: Community Services Unassigned TOTAL FUND BALANCES TOTAL LIABILTIES and FUND BALANCES NOTE: Balances are unaudited 10,563 241,448 194,850 9,496 1,823,607 (12,787) 10,563 241,448 194,850 9,496 1,815,814 $ 10,563 $ 256,768 $ 211,939 $ 9,702 $ 2,356,874 2 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: Year to Date Activity Encumbrances Total Percentage Activity of Budget Special Tax (Measure C) $ 1,853,798 $ 1,046,902 $ - $ 1,046,902 56% (1) Recreation Funding 3,141,080 2,355,751 - 2,355,751 75% Recreation Program 2,344,477 1,491,534 - 1,491,534 64% Investment Interest 2,000 - - 0% Development Services 11,447 - - 0% TOTAL REVENUES EXPENDITURES: 7,352,802 4,894,187 4,894,187 67% Parks, Medians, &Arterial Street Lighting 1,604,657 1,105,323 15,392 1,120,715 70% Seniors 394,456 275,278 8,101 283,379 72% Community Recreation Center(CRC) 696,307 504,587 21,193 525,780 76% Recreation Programs 907,859 591,162 33,702 624,864 69% Temecula Community Center (TCC) 272,260 208,131 6,264 214,395 79% Museum 282,459 184,518 10,371 194,889 69% Aquatics 671,119 446,947 26,437 473,384 71% Sports 449,599 276,389 17,592 293,981 65% Children's Museum 340,969 238,816 10,867 249,683 73% Community Theater 1,194,257 821,805 71,689 893,494 75% Cultural Arts 441,775 342,366 37,185 379,551 86% Harveston Center 373,669 288,631 13,244 301,875 81% Conference Center 52,085 35,692 663 36,355 70% Human Services 168,922 107,347 2,367 109,714 65% YMCA 19,385 10,245 750 10,995 57% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of March 31, 2013 7,869,778 5,437,237 275,817 5,713,054 73% (516,976) (543,050) 684,640 684,640 $ 167,664 $ 141,590 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. 3 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: Year to Date Total Percentage of Activity Activity Budget Assessments $ 641,384 $ 332,588 $ 332,588 52% (1) Recreation Funding 293,365 293,365 293,365 100% (2) Investment Interest 38 192 192 505% TOTAL REVENUES EXPENDITURES: Salaries and Wages Street Lighting Fees Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of March 31, 2013 934,787 626,145 626,145 67% 10,355 7,962 7,962 77% 945,185 695,421 695,421 74% 13,015 13,015 13,015 100% (3) 968,555 716,398 716,398 74% (33,768) (90,253) 77,466 77,466 $ 43,698 $ (12,787) (4) NOTES: (1) Special assessment taxes are primarily received in January and May each Fiscal Year. (2) Contribution is funded based on operational needs of Service Level B. (3) Property Tax Admin Fees are deducted from first tax settlement in January. (4) The second portion of assessments taxes are expected by the end of May 2013. 4 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the Nine Months Ended March 31, 2013 Annual Amended Budget REVENUES: Year to Date Activity Encumbrances Total Percentage Activity of Budget Assessments $ 1,583,693 $ 835,462 $ 835,462 Investment Interest 5,638 6,818 6,818 TOTAL REVENUES 1,589,331 EXPENDITURES: 842,280 - 842,280 53% 121% (1) Salaries and Wages 114,926 83,933 - 83,933 73% Landscape Maintenance 1,105,048 722,332 188,140 910,472 82% Rehabilitation 284,925 44,850 280 45,130 16% (2) Operating Expenditures 531,414 294,194 5,812 300,006 56% (2) TOTAL EXPENDITURES 2,036,313 1,145,309 194,232 1,339,541 66% Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1,2012 (446,982) (303,029) 1,271,768 1,271,768 Ending Fund Balance as of March 31, 2013 $ 824,786 $ 968,739 NOTES: (1) Special assessment taxes are primarily received in January and May each Fiscal Year. (2) The variance is due to less rehabilitation services needed during this quarter. 5 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the Nine Months Ended March 31, 2013 Annual Year to Date Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: Assessments $ 6,482,964 $ 3,267,262 $ - $ 3,267,262 50% (1) Recycling Program 5,000 5,000 5,000 100% (2) Investment Interest 800 3,646 3,646 456% TOTAL REVENUES 6,488,764 EXPENDITURES: Salaries and Wages Refuse Hauling Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of March 31, 2013 3,275,908 3,275,908 121,970 89,255 89,255 73% 6,268,710 3,161,670 3,161,670 50% (3) 122,038 21,397 1,518 22,915 19% (4) 6,512,718 3,272,322 1,518 3,273,840 (23,954) 3,586 258,329 258,329 $ 234,375 $ 261,915 NOTES: (1) Special assessment taxes are primarily received in January and May each Fiscal Year. (2) The annual recycling program revenue has been received as of March 31, 2013. (3) The second payment to CR&R for refuse services is expected to be paid by June 2013. (4) The variance is due to timing of the recycling program operating expenditures during this quarter. 6 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the Nine Months Ended March 31, 2013 REVENUES: Assessments Investment Interest TOTAL REVENUES EXPENDITURES: Annual Amended Budget Total YTD Percentage Activity of Budget $ 5,532 $ 3,400 61% (1) 50 62 5,582 3,462 Emergency Street Maintenance 10,000 1,640 16% (2) Property Tax Admin Fees 150 132 88% (3) TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of March 31, 2013 10,150 1,772 (4,568) 1,690 8,873 8,873 $ 4,305 $ 10,563 NOTES: (1) Special assessment taxes are primarily received in January and May each Fiscal Year. (2) No emergency Street maintenance expenditures needed to be completed during this quarter. (3) Property Tax Admin Fees are deducted from first tax settlement in January. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the Nine Months Ended March 31, 2013 Annual Year to Date Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: Assessments $ 227,852 $ 118,215 $ $ 118,215 52% (1) Harveston Lake Boat Fees 3,600 1,736 1,736 48% (2) Investment Interest 1,300 1,495 1,495 115% TOTAL REVENUES 232,752 121,446 121,446 EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1,2012 20,544 16,383 - 16,383 80% 217,900 119,932 28,392 148,324 68% 238,444 136,315 28,392 164,707 69% (5,692) (14,869) 256,317 256,317 Ending Fund Balance as of March 31, 2013 $ 250,625 $ 241,448 NOTES: (1) Special assessment taxes are primarily received in January and May each Fiscal Year. (2) Quarterly boat fees revenues are expected to be received by May 31, 2013. 8 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: Library Services Recreation Funding Investment Interest TOTAL REVENUES EXPENDITURES: TEMECULA LIBRARY for the Nine Months Ended March 31, 2013 Annual Amended Budget Year to Date Activity Encumbrances $ 139,855 $ 106,482 $ 604,253 302,127 1,500 1,652 745,608 410,261 Total Percentage Activity of Budget $ 106,482 76% 302,127 50% (1) 1,652 110% 410,261 55% Salaries and Wages 53,473 35,860 35,860 67% County Contract 167,845 83,720 83,720 167,440 100% (2) Operating Expenditures 635,842 334,840 37,094 371,934 58% (3) TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 857,160 454,420 (111,552) (44,159) 239,009 239,009 Ending Fund Balance as of March 31, 2013 $ 127,457 $ 194,850 120,814 575,234 67% NOTES: (1) Contribution is funded based on operational needs of Library services. (2) The variance is due to encumbrances that are recorded for entire fiscal year for Library services. The second payment to Riverside County for Library contract services is due by June 2013. (3) The variance is due to less than anticipated operating activities during this quarter. 9 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MAYOR SUMMER YOUTH PROGRAM for the Nine Months Ended March 31, 2013 REVENUES: Operating Transfers In TOTAL REVENUES EXPEN DITU RES: Salaries and Wages TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of March 31, 2013 NOTES: Annual Amended Budget Year to Date Total Percentage of Activity Activity Budget $ 5,000 $ 5,000 $ 5,000 100% (1) 5,000 5,000 22,980 13,501 22,980 13,501 (8,501) 17,997 17,997 $ 17,997 $ 9,496 5,000 100% 13,501 59% (2) 13,501 59% (1) The variance is due to the timing of the operating transfer that was approved during midyear for this program. (2) The variance in salaries and wages is due to the activities for this program that occur mostly during summer months. 10 Item No. 22 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Award of a Construction Contract for the Great Oak High School Tennis Court Lighting, PW12-03 PREPARED BY: Avlin Odviar, Senior Engineer — CIP William Becerra, Associate Engineer — CIP RECOMMENDATION: 1. Award the Construction Contract for the Great Oak High School Tennis Court Lighting, PW12-03, to MDE Group, Inc. in the amount of $389,000; 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $38,900, which is equal to 10% of the total contract amount; 3. Make a finding that the Great Oak High School Tennis Court Lighting is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On October 16, 2012, the Temecula Community Services District (TCSD) entered into an agreement with Temecula Valley Unified School District (TVUSD) for the joint use of TVUSD tennis courts. As part of this agreement, TCSD and TVUSD agreed to jointly develop a portion of schools, including Great Oak High School, for park, recreational, and educational purposes. On February 12, 2013, the Board approved the plans and specifications for the Great Oak High School Tennis Court Lighting project, and authorized staff to solicit construction bids. The Great Oak High School Tennis Court Lighting project will provide a total of 12 new light poles to illuminate the existing eight tennis courts with low intensity lighting. The project will include all necessary controls and electrical hardware to allow the courts to be programed on after school hours. On May 28, 2013, ten bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Base Bid 1. MDE Group, Inc. $389,000.00 2. Ace Electric, Inc. $421,500.00 3. Flatiron Electric Group $437,867.00 4. Malibu Pacific Tennis $469,000.00 5. Native Electrical $477,000.00 6. F.E.C. Electric, Inc. $507,000.00 Control Systems non-responsive ATOM Engineering non-responsive Pacific Winds Building non-responsive Sean Malek Engineering & Construction non-responsive Staff has reviewed the bid proposals and found MDE Group, Inc. to be the lowest responsible bidder. MDE Group, Inc. has public contracting experience and has completed similar projects for other agencies as well as school districts. Staff has deemed the bids submitted by Control Systems, ATOM Engineering, Pacific Winds Building, and Sean Malek Engineering & Construction as non-responsive because the City did riot receive the original bid bond within the 24-hour period as required by the project specifications, Notice Inviting Bids - Section 7, Instructions to Bidders - Section 2, and Proposal - Item No. i. The Engineer's Estimate for the Great Oak High School Tennis Court Lighting project is $530,000.00. The specifications allow for a schedule of 50 working days. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves, and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Great Oak High School Tennis Court Lighting project involves modification of an existing facility; therefore, the project is exempt from the MSHCP fees. FISCAL IMPACT: The Great Oak High School Tennis Court Lighting project is budgeted within the City's Capital Improvement Program Fiscal Years 2013-17, and is funded with Development Impact Fees (Parks & Recreation). With the approval of the Capital Improvement Program for Fiscal Years 2014-18, sufficient funds will be available for the construction contract amount of $389,000, and 10% contingency in the amount of $38,900, for a total obligation of $427,900. ATTACHMENTS: 1. Contract 2. Joint Use Agreement with TVUSD 3. Project Description 4. Project Location Map TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR GREAT OAK HIGH SCHOOL TENNIS COURT LIGHTING PROJECT NO. PW12-03 THIS CONTRACT, made and entered into the 11th day of June 2013, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and MDE Group, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled GREAT OAK HIGH SCHOOL TENNIS COURT LIGHTING, PROJECT NO.PW12-03, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for GREAT OAK HIGH SCHOOL TENNIS COURT LIGHTING, PROJECT NO.PW12-03. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for GREAT OAK HIGH SCHOOL TENNIS COURT LIGHTING, PROJECT NO.PW12-03. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: GREAT OAK HIGH SCHOOL TENNIS COURT LIGHTING, PROJECT NO.PW12-03 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED EIGHTY NINE THOUSAND DOLLARS and NO CENTS ($389,000.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Fifty (50) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the mariner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to DISTRICT. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to DISTRICT. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against DISTRICT. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend TEMECULA COMMUNITY SERVICES DISTRICT, CITY OF TEMECULA, and/or SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the DISTRICT who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any DISTRICT officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the DISTRICT. 17. INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The DISTRICT and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR MDE Group, Inc. 3410 La Sierra Ave. #F515 Riverside, CA 92503 (951) 343-3700 By: Dimitri Bupte President DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Comerchero, President ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney DB AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF SCHOOL TENNIS COURTS THIS AGREEMENT is made and entered into as of October 16, 2012 by and between the Temecula Community Services District, a community services district ("TCSD"), and the Temecula Valley Unified School District ("District"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. District is the owner of certain real properties within the City of Temecula known as Great Oak High School, Temecula Valley High School, Erle Stanley Gardner Middle School, Temecula Middle School, Vail Ranch Middle School, and James Day Middle School (collectively, the "Schools"). b. Title I, Division 1, Part 7, Chapter 10, commencing with Section 10900 of the Education Code, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives. The governing body of any school district is authorized by these provisions to use the buildings, grounds, and equipment of the district, or any of them, to carry out the recreational and educational objectives, or may grant the use of any building, grounds, or equipment of the district to any other public authority for such purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Accordingly, the District and TCSD are authorized to enter into this Agreement. c. District and TCSD desire to jointly develop and utilize a portion of the Schools for park, recreational and education purposes benefiting the people of Temecula as specifically provided in this Agreement. d. The portions of the Schools to be developed for these joint purposes consist of the tennis courts located on the Schools' properties, and are depicted in Exhibits A, B, C, D, E, and F, which are all attached hereto and incorporated herein by this reference (collectively, the "Properties"). -1- 11086-0007\ 1470496v4.doc 2. Use of Properties as Parks. a. District hereby grants to TCSD a license to (1) use the Utilized Properties, as defined in Section 4, as public parks within designated time frames and for the designated uses, (2) use the designated parking lot areas within the Schools as parking for users of the Utilized Properties, (3) use designated walkways within the Schools for access to the Utilized Properties, and (4) use four hundred (400), square feet of temporary office space at Temecula Valley High School as depicted on Exhibit B, all in accordance with the terms and restrictions as set forth in this Agreement. b. TCSD may schedule the tennis courts on the Utilized Properties, as defined in Section 4, for public play, youth and adult tennis programs and tournaments. c. Use of the Utilized Properties, as defined in Section 4, shall be subject to such park rules and regulations for the use of the parks as the TCSD may enact. 3. Term of Agreement. The term of the license granted by this Agreement shall be for a period of twenty (20) years from October 1, 2012, unless terminated or extended as provided in this Agreement. TCSD shall have an option to extend the term for one five (5) year period. TCSD shall exercise the rights of the option prior to six (6) months of the end of the first twenty (20) year period. 4. Apportionment of Use of Properties by TCSD and District. a. TCSD may use the portions of Great Oak High School, Temecula Valley High School and Earle Stanley Gardner Middle School to be developed for joint purposes, as depicted in Exhibits A and B, and C (the "Utilized Properties"). The hours of use for Great Oak High School and Temecula Valley High School are from 5:30 p.m. to 10:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 10:00 p.m. on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school activities. Earle Stanley Gardner's hours will be from 5:30 p.m. until dusk Mondays through Fridays and from 8:00 a.m. until dusk on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school events. TCSD shall be entitled to use four hundred (400) square feet of land anywhere on the parking lot at Temecula Valley High School for the placement of a trailer for operation of a pro shop. b. TCSD shall have the right annually to increase or decrease the number of Utilized Properties used for the designated purpose by sending written notice to the District by July 1St of each year. Additional sites available include the portions of Temecula Middle School, Vail Ranch Middle School, and James Day Middle School to be developed for joint purposes, as depicted in Exhibits D, E, and F, from 5:30 p.m. to dusk on Mondays through Fridays and from 8:00 a.m. to dusk on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school activities. c. District Holidays shall be defined as those days or portion of days when the Schools are not in session, including the summer when the Schools are not in session. On or before August 1st of each year, the District shall notify the TCSD of the dates of scheduled -2- 11086-0007\1470496v4.doc school activities that will restrict the TCSD's use of the Utilized Properties and the dates of District Holidays that the TCSD may use the Utilized Properties. d. TCSD may use restroom facilities at the Utilized Properties upon written notice to the District listing the particular sites and restrooms to use (the "Restroom Request"). The District shall send an approval or rejection of the Restroom Request to TCSD within thirty (30) days. TCSD may send a new Restroom Request for approval by May 1st of each year. 5. District Maintenance Responsibilities. During the term of this Agreement, the District shall, at its sole cost and expense, unless otherwise provided herein, perform the following maintenance on the Utilized Properties and the improvements which currently exist upon the Utilized Properties or which are to be constructed upon the Utilized Properties pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: a. District shall maintain the walkways leading to the Utilized Properties and parking for the Utilized Properties in a neat and clean condition, including, but not limited to, daily removal of trash and debris; and b. District to open gates at Great Oak High School and Earle Stanley Gardner Middle School at 5:30 pm Monday through Friday; and c. Provide access to the Utilized Properties and parking areas for the public during public use hours; and d. Maintain and pay utilities for the office space at Temecula Valley High School; and e. Provide keys to the TCSD personnel for restroom facilities approved in the Restroom Request, tennis court facilities, and parking lot gates, as necessary, to permit access to those facilities. 6. TCSD Maintenance Responsibilities. During the term of this Agreement, the TCSD shall, at its sole cost and expense, perform the following maintenance on the Utilized Properties and the improvements which currently exist upon the Utilized Properties or which are to be constructed upon the Utilized Properties pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: a. Resurface the tennis courts as necessary to be determined by the TCSD; b. Maintain tennis court surfaces and lines in good condition at all times; c. Maintain the lights on the tennis courts in accordance with manufacturers standards including, but not limited to, replacement of bulbs, at applicable locations; d. Pay all electric utility costs necessary for lighting the tennis courts; -3- 11086-0007\1470496v4.doc e. Maintain the tennis court area in a neat and clean condition, including removal of trash and debris; f. Power wash the courts as necessary to be determined by TCSD; g• Restroom Request; TCSD use; Unlock and lock, as well as clean, those restrooms approved in the h. Maintain tennis courts consistent with City park standards during times of i. Maintain the windscreens and replace windscreens as necessary, as determined by TCSD; and j. Maintain nets in good condition at all times and replace nets as necessary as determined by TCSD. 7. Indemnification a. TCSD agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, 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 TCSD's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence or wrongful conduct of the District. b. District agrees to defend, indemnify, protect and hold harmless the TCSD, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the TCSD, 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 District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Properties, excepting only liability arising out of the negligence or wrongful conduct of the TCSD. 8. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party specifying complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses -4- 11086-0007\ 1 470496v4.doc (including attorney fees) or damages incurred by the non -defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failures delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce an such rights or remedies. e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other part for any damages caused by such default, and the non -defaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the non -defaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event 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. Termination of Agreement. Either party may terminate this Agreement for any reason upon written notice of one year to the other party. 10. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or TCSD is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 11. Notice to Parties. Written notices, demands and communications among the District and TCSD, shall be sufficiently given by 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: -5- 11086-0007\ 1470496v4.doc District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, California 92592 Attention: Superintendent TCSD: Temecula Community Services District 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: General Manager 12. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 13. Assignment. Neither Party shall assignor transfer this Agreement or any portion thereof without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided however that TCSD may assign this Agreement to the City of Temecula without consent of the District. 14. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and TCSD respecting the joint use of the Properties for school and park purposes. Any agreements or representations, either oral or written, respecting any matter discussed in this Agreement not expressly set forth in this Agreement are null and void. 15. Time of Essence. Time is expressly declared to be of the essence in this Agreement. 16. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 17. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. -6- 11086-0007\ 1470496v4.doc IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT 02:7\--6.9 President of Governing Board Attest: Secretary to the Governing Board -7- 11086-0007\ 1470496v4.doc TEMECULA COMMUNITY SERVICES DISTRICT omerchero G" esident Attest: Susan W. Janes, M Approved as to form: Peter M. Thorson City Attorney DB 11086-0007\1470496v4.doc EXHIBIT A MAP OF GREAT OAK HIGH SCHOOL 11086-0007\ 1470496v4.doc Q • 0 ..:� 11I11f111TfIIIIIIlTfI1111fflillllTlll41:.:. .L T_ Q ',Arndt Eis; LEGEND AP Assistant Principal Bk Bike Rack BR Book Room BW Ball Wall C Conference CC Child Core EE Electrical Enclosure K Kitchen L Lounge MPR Multi—Purpose Room H Nurse p Principal Ps Psychologist B.G Bays/Girls Rest Room M.W Mens/Womens Rest Room Sp Speech 59 Storage Building SC Storage Container T Trash WR Work Room • Electrical Main Valve Oaa Fire Hydrant ® Gas Main Valve Hazardous Materials O Generator A Irrigation Valve Q Water Main Valve [WA Relos County Owned Classrooms Landscaping 1-1 Wood Chips ( Decomposed Granite --H-- Chain Unk Fence --o --0— Decorative Fence ----I- Block Wall BoefeI YOAWA Pumrau Aaloaen/ AM ARO101 R/01. 00 vvvvw+.or!MEW • sant 1119 AteRlde 11001•.•1 Balt. 109 carl•614. c•Ilrer•la 110.1-4111 Tde:lnnmann 'CC (MI n•.11100 �. 1• I ins DEER HOLLOW ROAD ilfffllfll111Tllflfl i flllifffT1111Tf(Iilll �.>}db6idfll IIfiI1Irii Tlilffffl :•'"' illi 'fllTllllffff '� '90P.i 920 1 1,11.1 Ert:f DI _ 11ro do Li'l JI 0188 Gymnasuim Bulking IMP ■6 807 .si 001 80 ©100' 00 ►1111111f111711111II111111 f I1liIill1111 rk m 70 714 716 _:._I769�716 7(+ 11)71711'51'°61"41 `'Bu Iden ,i.:11111111111111111111111111111111111111![:' 1 111 ?11111III111,11111.1111111111111{11}1111' • '11T111111111111';',;;ill.: 111111: "`•11 h illl.IIIIIII. Fir :.1.1 PUBU 11111 1119 .4gridr Elei a ■. .lr. 1 a Building 900' 018 614 1112 e16 e„ 6W 616 6n 8 Gam.:: • ,..1. . Building. TOT' (.9I+I [60116021 608 Junior Baseball 201 2133 Building '20 oe 618 COO rt r; PRIMROSE STREET lei GREAT OAK HiGH SCHOOL 32555 Deer Hollow Way Temecula, CA 92591 (951) 294-6450 614 1 Lunch] Built '40Cri IJ4014411031 14'444'14'14'14°814'1 1%. 02 20 214 301 405414 SGS m�1 1 Varsity Baseball 303 812' 811, 31 cm fling '30 Junior Vars Softb•• Vars' Softball TEMECULA VALLEY Unified School District Site Plan 0 55 110' 220' SCALE 1=220' EXHIBIT B MAP OF TEMECULA VALLEY HIGH SCHOOL, INCLUDING TEMPORARY OFFICE SPACE FOR USE 11086-0007\ 1470496v4.doc LEGEND AP Assistant Principal 8k Bike Rack BR Book Room BW Ball Wall C Conference CC Child Care EE Electrical Enclosure K Kitchen L Lounge MPR Multi—Purpose Room N Nurse P Principal ps Psychologist B,G Boys/Girls Rest Room M.W Mens/Womens Rest Room Sp Speech SB Storage Building SC Storage Container T Trash WR Work Room til Electrical Main Valve saa fire Hydrant p Gas Main Valve ® Hazardous Materials O Generator A Irrigation Valve O Water Main Valve Relos County Owned Classrooms Landscaping Wood Chips Decomposed Granite * Chain Unk Fence e o Decorative Fence – t— Block Wall '1 . 2 -Story Wet float. . T 5w TEMECULA VALLEY Unified School District SND[Nt PAeIOHG GYMNASIUM ■Y.ee l O e.eiA PD..ITeel A..oa11Tf1 AH AR.HIT..TYIVL TTCH Imam III Anel....eecn, Wee 100 ....o CUe.6.., Call? w0011-4100 TOM Ma)I)F1 IN rac MO)1514101 Playfield AA er4rireo.47.,-; >c x x TEMECULA VALLEY HIGH SCHOOL 31555 Rancho Vista Rd. Temecula,CA 92592 (951) 69-73000 35' 70' 140' Site Plan SCALE 1'140' NORTH EXHIBIT C MAP OF ERLE STANLEY GARDNER MIDDLE SCHOOL 11086-0007\ 1470496v4.doc Playfield hloason Gummi Puom...A.110110Tel MGM. Aw AR0MO151:111.1•141. 00000tay,00nom 3315. Ar UUUUU 1001180, 20110 100 C•rltba0, C011143010 02001-4111 Ton V001104300 0010 (310)030-1504 TEMECULA VALLEY Unified School District ERLE STANLEY GARDNER MIDDLE SCHOOL 45125 Via Del Coronado Temecula, CA 92592 (951) 699-0080 LEGEND AP Assistant Principal Bk Bike Rook BR Book Roam BW Ball Wall C Conference 00 Child Care EE Electrical Enclosure K Kitchen L Lounge MPR Maki—Purpose Room N Nurse p Principal Ps Psychologist B,G Boys/Girls Rest Room M,W Mens/Womens Rest Room Sp Speech SB Storage Building SC Storage Container T Trash WR Work Room Electrical Main Valve Me Fire Hydrant ® Gas Main Valve Hazardous Maleriols O Generator A Irrigation Valve L Water Main Valve Reios County Owned Classrooms Landscaping I-1 Wood Chips Decomposed Granite Chain Link Fence 5 0 Decorative Fence Block Wail Ea tifo1"1! (g) Site Plan NORTH 0 30' 60' 120' SCALE 1'=120' EXHIBIT D MAP OF TEMECULA MIDDLE SCHOOL 11086-0007\ 1470496v4.doc LEGEND AP Assistant Principe( 8k Blke Rack BR Book Room BW Ball Wall C Conference CC Child Care EE Electrical Enclosure K Kitchen L Lounge MPR Multi—Purpose Room N Nurse P Principal Ps Psychologist B,G Boys/Girls Rest Room M,W Mens/Womens Rest Room Sp Speech SB Storage Building SC Storage Container T Trash WR Work Room O Electrical Main Volvo $1 Fire Hydrant p Gas Main Valve O Hazardous Materials O Generator ® Irrigation Valve L Water Main Valve ® Relos County Owned Classrooms Landscaping Wood Chips Decomposed Granite s Chain Unk Fence 0 o Decorative Fence Block Wall Courts-- - %S% —X--X—X Site Plan 0 25' 50' 100' SCALE 1•=100' Playfield TEMECULA VALLEY Unified School District TEMECULA MIDDLE SCHOOL 42075 Meadows Pkwy Temecula, CA 92592 (951) 302-5151 MoNs.xl gauoe Puxstru U. A1soc1An9 " ARON!T.:OT O NAa OONrORATION merra Immo 5It9 Auuuld. rebel..., sole. 510 C.nroexls 12001-1109 Toll (790192-1000 YIN (710(109.1001 505 504 503 1I502 501 606 Playfield TEMECULA VALLEY Unified School District TEMECULA MIDDLE SCHOOL 42075 Meadows Pkwy Temecula, CA 92592 (951) 302-5151 MoNs.xl gauoe Puxstru U. A1soc1An9 " ARON!T.:OT O NAa OONrORATION merra Immo 5It9 Auuuld. rebel..., sole. 510 C.nroexls 12001-1109 Toll (790192-1000 YIN (710(109.1001 EXHIBIT E MAP OF VAIL RANCH MIDDLE SCHOOL 11086-0007\1470496v4.doc LEGEND AP 8k BR BW C CC EE IC L MPR N P Ps 13,0 M,W Sp SB SC T WR Assistant Principal Blke Rock Book Room Ball Wall Conference Child Care Electrical Enclosure Kitchen Lounge Mulfl—Purpose Room Nurse Principal Psychologist Boys/Girls Rest Room Mens/Womens Rest Room Speech Storage Building Storage Container Trash Work Room Electrical Main Valve eao Fire Hydrant p Gas Main Valve O Hazardous Materials 1 Generator A Irrigation Valve a Water MoIn Valve ® Relos County Owned Classrooms Landscaping r---1 Woad Chips l_i-] Decomposed Granite F— Chain Link Fence —0-0-- Decorative Fence —I Block Wall Marquee �MORUM CAMI PIEDRA ROJO TEMECULA VALLEY Unified School District MOMISM 0040* evaf1NLL A000CYTY AI Aw *woMITCCTeowa. 00000/uT/6N mama gill II Aa4*10a Ia010a1, lana 60O O C4aia000, C61110 all 616011-4161 TOS 1706) 6011100 lam 171018114 006 tiigg VAIL RANCH MIDDLE SCHOOL 33340 Camino Piedra RoJo Temecula, CA 92592 (951) 302-5188 Site Plan 0 25' 50' 100' SCALE r=100' EXHIBIT F MAP OF JAMES DAY MIDDLE SCHOOL 11086-0007\ 1470496v4.doc LEGEND AP Bk 8R BW c. CC EE K L MPR N p Ps 13,0 M,W Sp SC T WR 0 G A Assistant Principal Bike Rock Book Room Ball Wall Conference Child Care Electrical Enclosure Kitchen Lounge Multl—Purpose Roons Nurse Principal Psychologist Boys/Girls Rest Room Mens/Womens Rest Room Speech Storage Building Storage Container Trash Work Room Electrical Main Valve Fire Hydrant Gas Main Valve Hazardous Materiols Generator Irrigation Valve Water Main Valve • Relos County Owned Classrooms CD Landscaping 0 Wood Chips ▪ Decomposed Granite 1 Chain Unk Fence Decorative Fence --1— Block Wall Playfield CAMPOS VERDES TEMECULA VALLEY Unified School District oHSCNI0WILOAPIIILIIPOLLAISOCIATZ3 IMPA A00111T00TirwAL 500IVERId 5313 lor•olda toile 500 C•rimbad, California 1706.1•4011t Telei (7110)9194500 FM (76010094006 JAMES L DAY MIDDLE SCHOOL 40775 Camino Campos Verdes Temecula, CA 92591 (951) 699-8138 wri NORTH Site Plan 0 25' 50' 100' SCALE 1'.100 CALIFORNIA TENNIS COURT LIGHTING -GREAT OAK HIGH SCHOOL Parks and Recreation Project Protect Description: This project includes the installation of a lighting system on all eight tennis courts at Great Oak High School. Through a joint use agreement with Temecula Valley Unified School District (TVUSD), these courts can be used by the public on weekends, holidays, and after school hours. Benefit 1 Core Value: This project provides eight additional tennis courts for public use. In addition, this project satisfies the City's Core Value of Healthy and Livable City. Project Status: This project is in the planning phase and is estimated to be completed by end of fiscal year 2012-13. Department: Temecula Community Services—Account No. 210.190.128 Level: II Project Cost: Actuals to Date 2012-13 2013-14 201415 2015-16 2016-17 Future Total Years Protect Cost Acquisition $ 48,000 $ 48,000 Construction $ - $357,500 $ - $ - $ - $ - $ - $ 357,500 Construction Engineering $ 39,000 $ 39,000 Fixtures/FumlEquip $ 5,000 $ 5,000 Totals $ - $449,500 $ - $ - $ - $ - $ - $ 449,500 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Protect Cost DIF (Parks & Recreation) $449,500 $ 449,500 Total Funding: $ - $449,500 $ - $ - $ - $ - $ - $ 449,500 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 $ 6,120 I $ 6,242 I $ 6,367 147 2016-17 $ 6,495 $ 6,624 TENNIS COURT LIGHTING - GREAT OAK HIGH SCHOOL Parks and Recreation Project Location • .07 1• - LIVE OAK RANCH RD ss .414 w 4 Y wi �wx, xw 17-„I Aerial Data - March 2010 Feet 0 125 250 500 146 Item No. 23 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 11, 2013 SUBJECT: Third Amendment with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal Year 2013-14 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: 1. Approve a Third Amendment to the Agreement with Excel Landscape, Inc. to provide continued landscape maintenance services, and the addition of new and supplemental landscape maintenance service areas, in the amount of $2,231,631.80 for Fiscal Year 2013-14; 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $223,163.18, which is equal to 10% of the amendment amount. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) to provide landscape maintenance services on March 22, 2010. A three-year contract, with the option of three one-year extensions, was awarded to Excel Landscape, Inc. in the amount of $2,121,224, plus $212,122.40 which is equal to 10% contingency, for Fiscal Year 2010-11. The First Amendment was approved on June 14, 2011 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $2,147,624, plus $214,762.40 which is equal to 10% contingency, for Fiscal Year 2011-12. The Second Amendment was approved on June 12, 2012 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $2,182,123.49, plus $218,212.35 which is equal to 10% contingency, for Fiscal Year 2012-13. The Third Amendment is now requested to approve the fourth year of the contract as permitted pursuant to the original contract. The cost to provide landscape maintenance services for Fiscal Year 2013-14 is $2,231,631.80, plus $223,163.18 which is equal to 10% contingency. This additional year of service will increase the total contract amount to $9,550,863.62. FISCAL IMPACT: The amount to provide landscape maintenance services is $2,231,631.80, plus $223,163.18 which is equal to 10% contingency. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2013-14. ATTACHMENTS: Third Amendment to Agreement with Excel Landscape, Inc. THIRD AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES THIS THIRD AMENDMENT is made and entered into as of June 11, 2013, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Excel Landscape, Inc., a Corporation (hereinafter referred to as "Contractor"). 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 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Landscape Maintenance Services", in the amount of $2,121,224, plus contingency in the amount of $212,122.40. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Landscape Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $2,147,624, and to increase the contingency in the amount of $214,762.40. c. On June 12, 2012, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Landscape Maintenance Services," to add scope of work, extend the term of the agreement to June 30, 2013, increase the payment in the amount of $2,182,123.49, and increase the contingency in the amount of $218,212.35. d. 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 $2,231,631.80, increase the contingency in the amount of $223,163.18, 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 3 of the Agreement entitled "PAYMENT" at paragraph is hereby amended to read as follows: The City agrees to pay Contractor 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 Third Amendment amount shall not exceed Two 1 Million Two Hundred Thirty One Thousand Six Hundred Thirty One Dollars and Eighty Cents ($2,231,631.80), plus 10% Contingency of Two Hundred Twenty Three Thousand One Hundred Sixty Three Dollars and Eighteen Cents ($223,163.18) for additional Landscape Maintenance Services, for a total Agreement amount of Eight Million Six Hundred Eighty Two Thousand Six Hundred Three Dollars and Twenty Nine Cents ($8,682,603.29), plus contingency in the amount of Eight Hundred Sixty Eight Thousand Two Hundred Sixty Dollars and Thirty Three Cents ($868,260.33), for a total of Nine Million Five Hundred Fifty Thousand Eight Hundred Sixty Three Dollars and Sixty Two Cents ($9,550,863.62). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Services Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. 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. TEMECULA COMMUNITY SERVICES Excel Landscape, Inc. 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: Jeff Comerchero, TCSD President Jose Alfaro, President ATTEST: By: By: Susan W. Jones, MMC, City Josie C. Alfaro, Secretary/Treasurer Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape, Inc. Contact Person: Jose Alfaro 710 Rimpau Av. Corona, CA 92879 Phone Number: (951) 735-9650 Fax Number: (951) 735-0469 3 PM Initials: D p Q Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services NEIGHBORHOOD PARK SERVICE AREAS Site # Site Name P-01 Veterans Park P-02 Sam Hicks Monument Park P-03 Calle Aragon Park P-04 Bahia Vista Park P-05 Loma Linda Park P-06 Riverton Park P-07 John Magee Park P-09 Voorburg Park P-10 Nicolas Road Park P-11 Butterfield Stage Park P-12 Temecula Duck Pond P-13 Rotary Park P-14 Nakayama Park P-15 Winchester Creek park P-16 Long Canyon Creek Park P-17 Vail Ranch Park P-18 Stephen Michael Jr. Linen Park P-19 Pablo Apis Park P-20 Crowne Hill Park P-21 Meadows Park P-22 Pauba Ridge Park P-23 Serena Hills Park P-24 Harveston Lake Park P-25 Sunset Park P-26 Paseo Gallante Park P-27 Temecula Creek Trail Park P-28 Redhawk Community Park P-29 Wolf Creek Trail Park P-30 Wolf Creek Park *P-31 Skyview Park SS -01 Via Eduardo Streetscape SS -02 La Serena Way Streetscape SS -03 Margarita Road R.O.W. FC -01 Nada Lane T-01 Santa Gertrudis Trail T-02 Temecula Creek Village Trail T-03 Murrieta Creek Trail *Supplemental Service Monthly Price Annual Price $1,693.55 $1,459.38 $281.01 $281.01 $1,094.07 $1,823.75 $477.72 $374.68 $1,094.07 $1,094.07 $2,553.44 $318.48 $337.21 $1,459.38 $1,412.54 $5,835.64 $729.69 $729.69 $1,313.25 $1,823.75 $1,823.75 $1,184.93 $3,304.68 $598.55 $661.31 $1,681.38 $5,360.73 $2,607.77 $2,203.12 $1,600.00 $224.81 $210.76 $700.00 $182.66 $384.05 $187.34 $1,022.88 $50,125.10 $20,322.60 $17,512.56 $3,372.12 $3,372.12 $13,128.84 $21,885.00 $5,732.64 $4,496.16 $13,128.84 $13,128.84 $30,641.28 $3,821.76 $4,046.52 $17,512.56 $16,950.48 $70,027.68 $8,756.28 $8,756.28 $15,759.00 $21,885.00 $21,885.00 $14,219.16 $39,656.16 $7,182.60 $7,935.72 $20,176.56 $64,328.76 $31,293.24 $26,437.44 $19,200.00 $2,697.72 $2,529.12 $8,400.00 $2,191.92 $4,608.60 $2,248.08 $12,274.56 $601,150.20 Authorized Signature 4 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services MEDIANS SERVICE AREAS Site # Site Name Monthly Price M-01 Rancho Cal. Rd. Medians M-02 Ynez Rd. Medians M-03 Butterfield Stage Medians M -03A Butterfield Stage Medians M-04 Margarita Rd. Medians (North) M-05 Margarita Rd. Medians (South) M-06 Winchester Rd. Medians M-07 Pechanga Parkway Medians M-08 Meadows Parkway (North) M-09 Paseo Del Sol Medians M-10 Harveston Medians (Date/Marg) M-11 Jefferson Ave. Medians M-13 Redhawk Medians M-14 Temecula Parkway Medians M-15 Wolf Valley Rd. Medians M-16 Diaz Rd. Medians/Parkway M-17 Meadows Parkway (North) M -17A Meadows Parkway (South) M-18 Murrieta Hot Springs Rd. Medians FW -01 1-15 ON/OFF Ramps $936.70 $936.70 $585.44 $600.00 $662.25 $141.44 $2,341.44 $1,405.05 $663.18 $663.18 $2,256.51 $140.51 $936.70 $1,798.46 $46.84 $515.19 $154.56 $475.00 $450.00 $2,285.55 $17,994.70 Annual Price $11,240.40 $11,240.40 $7,025.28 $7,200.00 $7,947.00 $1,697.28 $28,097.28 $16,860.60 $7,958.16 $7,958.16 $27,078.12 $1,686.12 $11,240.40 $21,581.52 $562.08 $6,182.28 $1,854.72 $5,700.00 $5,400.00 $27,426.60 $215,936.40 Authorized Signature 5 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services SPORTS PARKS/SCHOOL SITE SERVICE AREAS Site # Site Name Monthly Price SP -01 Ronald Reagan Sports Park SP -02 Paloma Del Sol Park SP -03 Pala Community Park SP -04 Kent Hintergardt Park SP -05 Margarita Community Park SP -06 Temeku Hills Park SP -07 Harveston Community Park SP -08 Patricia H. Birdsall Sports Park SC -01 Temecula Middle School SC -03 James L. Day Middle School SC -04 TVHS Tennis Court SC -06 Vail Ranch Middle School SC -07 Paloma Elementary School SC -08 Pauba Valley Elementary School SC -09 Great Oak High School Tennis Court SC -10 Erle Stanley Gardner Middle School Tennis Court $9,543.90 $4,153.89 $2,585.95 $3,934.09 $3,732.98 $4,162.79 $7,288.88 $11,568.25 $405.78 $484.09 $553.92 $806.22 $806.22 $404.00 $533.92 $430.00 $51,394.88 6 Annual Price $114,418.80 $49,846.68 $31,031.40 $47,209.08 $44,795.76 $49,953.48 $87,466.56 $138,819.00 $4,869.36 $5,809.08 $6,407.04 $9,674.64 $9,674.64 $4,848.00 $6,407.04 $5,160.00 $616,738.56 Authorized Signature ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services COMMUNITY FACILITIES SERVICE AREAS Site # Site Name Monthly Price Annual Price F-01 Community Recreation Center F-02 Mary Phillips Senior Center F-03 City Hall F-04 Temecula Community Center F-05 Pauba Fire Station # 84 F-06 Old Town Temecula F-10 Temecula Children's Museum F-12 Temecula Community Theater F-13 Temecula Public Library F-15 Wolf Creek Fire Station # 92 F-17 Civic Center/Town Square/Parking F-18 Harveston Center F-19 Roripaugh Fire Station # 93 F-20 Overland Training Center F-22 Enterprise Fire Station # 73 *F -30A27495 Enterprise Cir. West *F -30B 27498 Enterprise Cir. We *F -30C 41375 McCabe Ct. *Temporary Services $1,634.54 $19,614.48 $548.91 $6,586.92 $1,124.04 $13,488.48 $351.26 $4,215.12 $538.60 $6,463.20 $2,023.27 $24,279.24 $288.50 $3,462.00 $74.94 $899.28 $1,041.61 $12,499.32 $383.11 $4,597.32 $772.78 $9,273.36 $300.00 $3,600.00 $450.00 $5,400.00 $176.10 $2,113.20 $185.47 $2,225.64 $100.00 $1,200.00 $100.00 $1,200.00 $200.00 $2,400.00 $10,293.13 $123,517.56 7 Authorized Signature ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services SLOPE SERVICE AREAS (NORTH) Site # Site Name S-01 Saddlewood!Pavilion Point S-02 Winchester Creek 1 and 2 S-04 The Vineyards S-05 Signet Series S-06 Woodcrest Country S-07 Ridgeview S-09 Rancho Solana S-10 Martinique S-11 Meadowview Estates S-14 Mirada/Morrison Homes S-15 Barclay Estates S-17 Monte Vista S-18 Temeku Hills S-19 Chantemar/Campos Verdes S-22 Sutton Place S-24 Harveston S-25 Serena Hills S-27 Avondale Monthly Price Annual Price $1,267.00 $15,204.00 $1,376.95 $16,523.40 $193.00 $2,316.00 $1,237.33 $14,847.96 $721.26 $8,655.12 $540.00 $6,480.00 $51.52 $618.24 $257.59 $3,091.08 $37.00 $444.00 $421.00 $5,052.00 $470.00 $5,640.00 $51.00 $612.00 $3,602.00 $43,224.00 $1,864.97 $22,379.64 $162.00 $1,944.00 $5,533.09 $66,397.08 $1,669.20 $20,030.40 $295.06 $3,540.72 $19,749.97 $236,999.64 8 Authorized Signature ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services SLOPE SERVICE AREAS (SOUTH) Site # Site Name S-03 Rancho Highlands S-08 Village Grove S-12 Vintage Hills S-13 Presley (Veranda, Country Glen) S-16 Tradewinds S-20 Crowne Hill S-21 Vail Ranch S-23 Pheasant Run S-26 Gallery Homes Tradition S-28 Wolf Creek S-29 Gallery Homes Portraits Monthly Price $1,395.31 $5,133.63 $3,126.10 $1,076.74 $812.45 $5,576.78 $9,532.23 $250.05 $52.50 $7,791.66 $97.42 $34,844.87 9 Annual Price $16,743.72 $61,603.56 $37,513.20 $12,920.88 $9,749.40 $66,921.36 $114,386.76 $3,000.60 $630.00 $93,499.92 $1,169.04 $418,138.44 Authorized Signature ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services NEW LANDSCAPE MAINTENANCE SERVICE AREAS Maintenance Service Areas Sports Park Service Area (includes ballfield prep) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon-Fri Includes trash removal) Ballfield Preparation (Single field/Sat. and Sun. Includes trash removal) 1. Up to three fields for same amount. 10 Price per SQ. FT. Monthly .0125 .0100 .0075 .0200 .0200 .0070 $975.00 Annually .15 .12 .09 .2400 .2400 .0840 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. $11,700.00 per fld. $930.00 $11,160.00 per fld. Authorized Signature ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services LANDSCAPE MAINTENANCE EXTRA WORK PRICE SHEET Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .002 .05 .10 .002 n/a 20.00 35.00 .001 20.00% II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18") 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) III. Plant Material (Installed all areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One Gallon 4. Five Gallon 5. Fifteen Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch 11 .15 .02 .04 40.00 25.00 45.00 .003 .02 20.00% 1.50 20.00 8.00 20.00 85.00 225.00 .15 1.25 .10 .20 .15 40.00 sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up each flat each each each each sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. cu. Yd. ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT A Pricing Sheet for Landscape Maintenance Services LANDSCAPE MAINTENANCE EXTRA WORK PRICE SHEET CONTINUE IV. Irrigation System Maintenance Unit Cost 1. Inspection $ 45.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 45.00 per hr. 3. Parts 20.00% mark-up V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material 12 200.00 each 65.00 each 35.00 each 20.00% mark-up Authorized Signature TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING Item No. 24 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Adoption of the Fiscal Year 2013-14 TCSD Annual Operating Budget PREPARED BY: Jennifer Hennessy, Director of Finance Heidi Schrader, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS BACKGROUND: The proposed Fiscal Year 2013-14 Temecula Community Services District (TCSD) Annual Operating Budget includes the operation and maintenance of district -wide parks and recreation facilities. Rates and charges are also established for residential street lighting, slope maintenance, recycling and refuse collection, and emergency road maintenance. On May 22, 2013, the Board of Directors and City Council held a workshop to review and discuss the proposed TCSD operating budgets. At that time, the Board of Directors and City Council did not request any fiscal modifications to the budget. TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) BUDGET OVERVIEW: TCSD Revenues: Overall, a $797,045, or4.6% increase in revenues is projected forTCSD. The Fiscal Year2013-14 revenue estimate forTCSD is $18,146,671 and includes: Citywide Operations: Revenue estimates include a decrease of $134,560 in recreation fee revenue for the TCC due to the planned closure in order to perform the rehabilitation of that facility. There is also a net increase of $986,145 in Community Services District Funding from the General Fund (formerly called REST) due to utilizing TCSD fund balance in the prior Fiscal Year. There is $7,996,456 in revenue projected for Citywide Operations. Service Level B — Residential Street Lighting: This service level includes operational, administrative, maintenance and utility costs of residential street lights. Service Level B includes only those parcels within residential subdivisions that receive residential street lighting services. The proposed rate of $25.68 annually per property owner has not been increased from last Fiscal Year. Of the total Service Level B revenue, $330,000 consists of funding from the General Fund (formerly called R.E.S.T.). There is a $36,597 revenue increase due to additional funding from the General Fund to offset increased expenditures due to an anticipated rise in electricity rates. There is $971,384 in revenue projected for Service Level B. Service Level C — Landscape/Slope Maintenance: This service level includes operational, administrative, maintenance and utility costs for all perimeter landscaping and slope maintenance areas. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance, and are separated into 32 zones. The rate levels for Zones 6, 29, 31 and 32 are subject to a Consumer Price Index — Urban Consumers (CPI -U) annual inflator of 2.2% while all other rate levels will not increase from last Fiscal Year. The property owners for Zone 30 have elected to keep the landscaping responsibilities with the Homeowner's Association (HOA). Zones 31 and 32 will not be assessed during Fiscal Year 2013-14 due to construction delays. There is a reduction in revenue of $2,272, which is primarily due to a reduction in investment interest. There is $1,587,059 in revenue projected for Service Level C. Service Level D — Refuse and Recycling: These service levels includes operational and administrative costs of the recycling and refuse collection services for all residential households. For Fiscal Year 2013-14 the rate will be $238.04 which is a $0.76 annual increase from last Fiscal Year. The increase is due to a Consumer Price Index -Urban Consumers (CPI -U for Los Angeles - Riverside -Orange County, annual average percentage change from 2011 to 2012) increase of 2.04% and a Diesel Fuel Component Index (DFCI) increase of 3.04% and a land -fill tipping fee increase of $0.55. Per our Franchise Agreement the CPI, DFCI, and changes to the land -fill tipping fee will cause our Service Level D rate and charge to change. This, plus an increase in the number of parcels to be levied, as well as anticipated grant funding, has led to a projected increase of $59,768. There is $6,548,532 in revenue projected for Service Level D. Service Level R — Emergency Unpaved Road Maintenance: This service level includes operational, administrative, construction and maintenance costs for certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26, and for an unimproved parcel is $57.62. For Fiscal Year 2013-2014 the maximum assessment will be charged in order to provide the services as needed. There is a slight decrease in revenues of $50 due to a reduction in anticipated investment interest. There is $5,532 in revenue projected for Service Level R. Service Level L — Harveston Lake Park Maintenance: This service level includes operational, administrative, and maintenance costs for the Lake Park in the Harveston Development. There is a slight increase of $1,678 due to an increase in the numbers of parcels to be assessed. There is $234,430 in revenue projected for Service Level L. Library: There is a $57,670 increase in revenue due to additional funding from the General Fund as well as an anticipated $20,000 in new contracted classes revenue. The total Fiscal Year 2013-14 Library Funding from the General Fund is $644,253. The total projected revenue for the Library Fund is $803,278. Intern Fellowship Program: In previous years, this program was funded with a Federal Grant administered by the County of Riverside. The City did not receive a grant this year, but has transferred $12,000 from the General Fund to hire participants and maintain this valuable program. TCSD Expenditures: The proposed budget for all Community Services District programs reflects a $385,084, or 2.1 %, increase in total expenditures from the current year budget. Below is a summary of significant items: City -Wide Operations: A net increase in expenditures of $178,363 due to moving two Park Rangers from the Planning Department to TCSD and replacing two Project positions with Full Time Benefitted positions. There is a proposed $8,048,141 in expenditures in Citywide Operations. Service Level B: A net $43,170 increase is due to an anticipated increase in electricity costs, of which the General Fund will absorb $36,597. There is a proposed $1,011,725 in expenditures in Service Level B. Service Level C: There is excess fund balance of approximately $516,126 which is programmed to be used for rehabilitation and tree trimming within the respective zones. This is $66,872 more than in previous years. There is a proposed $2,103,185 in expenditures in Service Level C. Service Level D: There is an anticipated increase of $202,267 in waste hauling costs from CR&R offset partially by reprogramming a portion of the cost of an Associate Planner to the General Fund. There is a proposed $6,655,696 in expenditures in Service Level D. Service Level R: There is a slight decrease of $500 due to a projected decrease in anticipated repair costs for unpaved roads. There is a proposed $9,650 in expenditures in Service Level R. Service Level L: There is a slight increase of $588 due to higher personnel costs. There is a proposed $239,032 in expenditures in Service Level L. Library: There is a $35,407 decrease due to the cost of replacing the patron computers at the Library facility programmed in Fiscal Year 2012-13. Intern Fellowship Program: The City will be using $12,000 to hire a few participants and maintain this valuable program. There is $12,000 of expenditures projected for the Intern Fellowship Program. TCSD Fund Balance: Available fund balance has been used over the past several Fiscal Years to fund ongoing operations and maintenance costs. The proposed Fiscal Year 2013-14 budget continues to utilize surplus fund balance in the following amounts: • Citywide Operations $ 51,685 • Service Level "B" $ 40,341 • Service Level "C" $ 516,126 • Service Level "D" $ 107,164 • Service Level "R" $ 4,118 • Service Level "L" $ 4,602 • Library $ 18,475 FISCAL IMPACT: The services provided by the District are funded by the special tax that was approved by the voters as Measure C on March 1997, the contribution from the City's General Fund, user fees and the rates and charges assessed to property owners are to be approved during a Public Hearing held on June 11, 2013. ATTACHMENTS: Resolution No. CSD 13 - Fiscal Year 2013-14 Proposed Annual Operating Budget - TCSD RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the Fiscal Year 2013-14 Temecula Community Services District (TCSD) operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part-time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Board of Directors action. F. The General Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to the project contingency established by the Board. G. Pursuant to Section 3.28.130 of the Municipal Code, the Executive Director may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require City Council action, except that the Executive Director may approve change orders on purchases of supplies and equipment approved by the Board in amounts up to the contingency established by Board. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. I. Appropriations and Revenue Estimates for grant funded programs for Fiscal Year 2012-13 which have not been expended or encumbered, are hereby carried over for the applicable grant program to the Fiscal Year 2013-14. Section 3. The Finance Director is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. Section 4. Outstanding encumbrances shown on the District books at June 30, 2013, are hereby appropriated for such contracts or obligations for fiscal year 2013-14. Section 5. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the District; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Temecula Community Services District of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Finance Director. Section 6. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 11th day of June, 2013. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 13- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Temecula Community Services District 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues by Fund: Citywide Operations 11,268,144 7,352,802 7,996,456 643,654 8.8% Service Level B 938,087 934,787 971,384 36,597 3.9% Service Level C 1,619,604 1,589,331 1,587,059 (2,272) -0.1% Service Level D 6,025,778 6,488,764 6,548,532 59,768 0.9% Service Level R 5,651 5,582 5,532 (50) -0.9% Service Level L 243,074 232,752 234,430 1,678 0.7% Library 372,284 745,608 803,278 57,670 7.7% Summer Youth Employment 2 - - 0.0% Debt Service (2) 0.0% Total Revenues 20,472,622 17,349,626 18,146,671 797,045 4.6% Total Expenditures by Fund: Citywide Operations 11,176,005 7,869,778 8,048,141 178,363 2.3% Service Level B 952,589 968,555 1,011,725 43,170 4.5% Service Level C 1,490,919 2,036,313 2,103,185 66,872 3.3% Service Level D 6,073,306 6,512,718 6,655,696 142,978 2.2% Service Level R 1,811 10,150 9,650 (500) -4.9% Service Level L 225,998 238,444 239,032 588 0.2% Library 681,580 857,160 821,753 (35,407) -4.1% Summer Youth Employment 3,926 22,980 12,000 (10,980) -47.8% Debt Service 4,332,145 - 0.0% Total Expenditures 24,938,279 18,516,098 18,901,182 385,084 2.1% Excess of Revenues Over (Under) Expenditures Operating Transfers In (Out): General Fund/lntem Fellowship Citywide Operations / Debt Service Citywide Operations /Summer Youth Citywide Operations /Capital Improvement Intern Fellowship /Citywide Operations Debt Service /Citywide Operations Debt Service/2011 Financing Lease (4,465,657) (1,166,472) (754,511) 411,961 -35.3% (401,980) (4,000) (192,000) 4,000 401,980 3,929,990 5,000 12,000 7,000 140.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Operating Transfers: 3,737,990 5,000 12,000 7,000 140.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (727,667) (1,161,472) (742,511) 418,961 -36.1% Fund Balances, Beg. of Year 3,542,066 2,814,399 1,652,927 Fund Balances, End of Year 2,814,399 1,652,927 910,416 150 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Citywide Operations Total Revenues by Department General Operations Senior Center Community Recreation Center Recreation Temecula Community Center Temecula History Museum Aquatics Sports Temecula Children's Museum Comm unity Theater Cultural Arts Harveston Center Civic Center Conference Center Human Services Total Expenditures by Department General Operations Senior Center Community Recreation Center Recreation Temecula Community Center Temecula History Museum Aquatics Sports Temecula Children's Museum Community Theater Cultural Arts Old Town Maintenance Harveston Center Civic Center Conference Center Human Services YMCA Facility Excess of Revenues Over (Under) Expenditures Operating Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balance, Beg. of Year 2011-12 Audited Actuals 2012-13 Revised Budget 2013-14 Proposed Budget Proposed Increase (Decrease) o% Increase (Decrease) 9,054,002 3,602,243 4,505,956 903,713 25.1% 18,511 188,240 182,898 (5,342) -2.8% 54,050 351,044 355,534 4,490 1.3% 739,636 796,442 646,247 (150,195) -18.9% 53,018 221,807 87,247 (134,560) -60.7% 11,916 85,377 96,507 11,130 13.0% 183,758 356,797 366,805 10,008 2.8% 327,142 312,530 391,550 79,020 25.3% 133,358 226,125 216,735 (9,390) -4.2% 371,690 687,016 687,296 280 0.0% 3,776 131,573 130,473 (1,100) -0.8% 301,320 327,975 257,975 (70,000) -21.3% 15,967 20,000 26,000 6,000 30.0% - 45,633 45 233 (400) -0.9% 11 268144 6,146,721 283,305 487,204 859,398 147,783 181,753 623,958 326,631 327,554 1,075,647 319,275 119,110 248,713 28,953 11,176,005 7 352 802 7 996 456 643 654 8.8% 1,661,190 394,456 682,774 910,314 272,260 282,459 671,119 449,599 338,514 1,194,257 441,775 330,669 52,085 168,922 19 385 7,869,778 1,994,346 333,156 20.1% 368,718 (25,738) -6.5% 671,811 (10,963) -1.6% 937,216 26,902 3.0% 127,816 (144,444) -53.1% 280,873 (1,586) -0.6% 682,565 11,446 1.7% 497,999 48,400 10.8% 228,080 (110,434) -32.6% 1,193,132 (1,125) -0.1% 447,302 5,527 1.3% 0.0% 372,290 41,621 12.6% 50,320 (1,765) -3.4% 185,673 16,751 9.9% 10 000 (9 385) -48.4% 8,048,141 178,363 2.3% 92,139 (516,976) (51,685) (597,980) - (505,841) (516,976) (51,685) 1,190,481 684,640 167,664 Fund Balance, End of Year 684,640 167.664 151 115.979 465,291 -90.0% 0.0% 465.291 -90.0% City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES SERVICE LEVEL B—Street Lighting 2011-12 2012-13 2013-14 Proposed Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 938,087 934,787 971,384 36,597 3.9% Total Expenditures 952,589 968,555 1,011,725 43,170 4.5% Excess of Revenues Over (Under) Expenditures (14,502) (33,768) (40,341) (6,573) 19.5% Fund Balance, Beg. of Year 91,968 77,466 43,698 Fund Balance, End of Year 77,466 43,698 3,357 SERVICE LEVEL C—Landscape / Slope Maintenance 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 1,619,604 1,589,331 1,587,059 (2,272) -0.1% Total Expenditures 1,490,919 2,036,313 2,103,185 66,872 3.3% Excess of Revenues Over (Under) Expenditures 128,685 (446,982) (516,126) (69,144) 15.5% Fund Balance, Beg. of Year 1,143,082 1,271,767 824,785 Fund Balance, End of Year 1,271,767 824,785 308,659 152 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES SERVICE LEVEL D—Refuse and Recycling 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 6,025,778 6,488764 6,548532 59,768 0.9% Total Expenditures 6,073,306 6,512718 6,655596 142,978 2.2% Excess of Revenues Over (Under) Egenditures (47,528) (23,954) (107,164) (83,210) 347.4% Fund Balance, Beg. of Year 305,857 258,329 234,375 Fund Balance, End of Year 258,329 234,375 127,211 SERVICE LEVEL R—Street / Road Maintenance Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 5,651 5,582 5,532 (50) -0.9% 1,811 10,150 9,650 (500) -4.9% 3,840 (4,568) (4,118) 450 -9.9% Fund Balance, Beg. of Year 5,033 8,873 4,305 Fund Balance, End of Year 8,873 4,305 187 153 Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES SERVICE LEVEL L—Harveston Lake Park Maintenance 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 243,074 232,752 234,430 1,678 0.7% Total Expenditures 225,998 238,444 239,032 588 0.2% Excess of Revenues Over (Under) Expenditures 17,076 (5,692) (4,602) 1,090 -19.1% Fund Balance, Beg. of Year 239,241 256,317 250,625 Fund Balance, End of Year 256,317 250,625 246,023 LIBRARY 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 372,284 745,608 803,278 57,670 7.7% Total Expenditures 681,580 857,160 821,753 (35,407) -4.1% Excess of Revenues Over (Under) Expenditures (309,296) (111,552) (18,475) 93,077 -83.4% Fund Balance, Beg. of Year 548,305 239,009 127,457 Fund Balance, End of Year 239,009 127,457 108,982 154 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES INTERN FELLOWSHIP PROGRAM 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 2 0.0% Total Expenditures 3,926 22,980 12,000 (10,980) -47.8% Excess of Revenues Over (Under) Expenditures (3,924) (22,980) (12,000) 10,980 -47.8% Operating Transfer In TCSD Citywide 4,000 General Fund - 5,000 12,000 7,000 140.0% Excess of Revenues Over (Under) Expenditures and Operating Transfer In 76 (17,980) - 17,980 -100.0% Fund Balance, Beg. of Year 17,922 17,998 18 Fund Balance, End of Year 17,998 18 18 155 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES TCSD 2001 COPS DEBT SERVICE FUND Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) (2) 4,332,145 0.0% 0.0% (4,332,147) 0.0% Operating Transfer In TCSD Citywide 401,980 2011 Financing Lease 3,929,990 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfer In (177) 0.0% Fund Balance, Beg. of Year 177 Fund Balance, End of Year 156 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUE DETAIL Temecula Community Services District Citywide Fund Acct # 190 TCSD FUND 4004 Various 4062 Various 4073 4076 4077 4084 4119 4151 4257 4284 4291 4360 4390 FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Actuals Budget Budget $ CHANGE % CHANGE 180 Parks and RediElM -Special Tax (Measure C) 3,761,190 447,716 447,716 0.00% - Miscellaneous Non Taxable 20,654 - 0.00% -Recovery of Prior Year Expense 2,500 - (2,500) -100.00% - Investment Interest 8,323 2,000 400 (1,600) -80.00% -Recreation Funding from General Fund 5,190,227 3,141,080 4,050,590 909,510 28.96% - Reimbursements 223 447 - (447) -100.00% -Lease Income 44,557 0.00% - Reimbursements (CI P) 3,107 5,000 1,500 (3,500) -70.00% -Development Plan 712 0.00% - Parcel Map Check 684 3,500 5,000 1,500 42.86% -Administrative Citations 750 750 0.00% - Median/Park Plan Check 2,202 - 0.00% -Inspection Fees -Contract 21,000 0.00% - Improvement Plan Ck Off -Site 443 - 0.00% -Street Lighting Fees 680 - 0.00% TOTAL Parks and Recreation 9,054,002 3,602,243 4,505,956 903,713 25.09% I EPTI81 Senior Centiii 4004 -Special Tax (Measure C) 101,178 101,178 - 0.00% 4051 -Donations 400 480 80 20.00% 4062 -Recovery of Prior Year Expense 156 - (156) -100.00% 4070 -Cash Over & Short 12 - - 0.00% 4980 -Classes/Activities 566 1,200 634 112.01% 4982 -Contract Classes 6,586 66,500 60,000 (6,500) -9.77% 4983 -Transportation 1,895 1,675 1,675 0.00% 4986 -Excursions 2,823 3,000 3,600 600 20.00% 4990 -Indoor Rentals 7,195 14,765 14,765 0.00% TOTAL Senior Center 18,511 188,240 182,898 (5,342) -2.84% 182 Community Recreation Center 4004 -Special Tax (Measure C) 183,182 183,182 0.00% 4966 -Open Gym Non Resident 3,300 3,300 - 0.00% 4980 -Classes/Activities 14,224 11,540 10,440 (1,100) -9.53% 4982 -Contract Classes 12,677 133,000 135,500 2,500 1.88% 4990 -Indoor Rentals 27,149 20,022 23,112 3,090 15.43% TOTAL Community Recreation Center 54,050 351,044 355,534 4,490 1.28% MIT 183 Recreation ' 4004 -Special Tax (Measure C) - 232,702 232,702 0.00% 4070 -Cash Over & Short 309 0.00% 4982 -Contracted Classes 563,214 332,500 250,000 (82,500) -24.81% 4984 -Day Camp 125,994 180,230 109,480 (70,750) -39.26% 4989 -Picnic Shelter Rentals 11,116 7,860 10,200 2,340 29.77% 4992 -Special Events 33,755 35,150 35,865 715 2.03% 4995 -High Hopes 587 - - - 0.00% 4998 -Skate Park 4,661 8,000 8,000 - 0.00% TOTAL Recreation 739,636 796,442 646,247 (150,195) -18.86% 157 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUE DETAIL Temecula Community Services District Citywide Fund FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Acct# 190 TCSD FUND Actuals Budget Budget $ CHANGE % CHANGE EalEMIMITemecula Community Centeill 4004 -Special Tax (Measure C) 77,247 77,247 0.00% 4977 -After School Program 17,288 - 0.00% 4980 -Classes/Activities 10 0.00% 4982 -Contracted Classes 21,914 133,000 10,000 (123,000) -92.48% 4990 -Indoor Rentals 13,806 11,560 (11,560) -100.00% TOTAL Temecula Community Center 53,018 221,807 87,247 (134,560) -60.67% k3EPAMISIdistory Museum 4004 -Special Tax (Measure C) 70,552 70,552 0.00% 4980 -Classes/Activities - 370 375 5 1.35% 4984 -Day Camp 2,990 3,055 4,080 1,025 33.55% 4990 -Indoor Rentals 982 1,200 1,500 300 25.00% 4991 -Museum Admissions 7,944 10,200 20,000 9,800 96.08% TOTAL History Museum 11,916 85,377 96,507 11,130 13.04% DEPT 186 Aquatics 4004 -Special Tax (Measure C) 170,904 170,904 - 0.00% 4970 -Swim Lessons 107,303 100,325 100,325 0.00% 4971 -Lap Swim 10,102 11,550 11,550 - 0.00% 4972 -Public Swim 22,429 20,000 20,000 0.00% 4973 -Family Night Swim 817 1,000 1,000 - 0.00% 4974 -Pool Rentals 34,119 40,018 40,026 8 0.02% 4976 -Non-resident Swim 8,988 13,000 13,000 - 0.00% 4982 -Contracted Classes 10,000 10,000 0.00% TOTAL Aquatics 183,758 356,797 366,805 10,008 2.80% ■ 4960 -Adult Softball 76,000 80,000 80,000 0.00% 4963 -Tournaments 113,255 94,000 94,000 - 0.00% 4964 -Adult Leagues (non-resident) 5,940 6,250 6,250 0.00% 4965 -Youth Leagues (non-resident) 15,230 17,000 17,000 - 0.00% 4966 -Open Gym 2,511 - - 0.00% 4982 -Contracted Classes - 65,900 65,900 0.00% 4988 -Field Rentals/Lights 105,816 103,000 115,000 12,000 11.65% 4994 -Tennis 2,400 2,400 - 0.00% 4997 -Sports Concessions 8,390 9,880 11,000 1,120 11.34% TOTAL Sports 327,142 312,530 391,550 79,020 25.28% I EPT 188 Children's Museum 4004 -Special Tax (Measure C) 94,445 94,445 0.00% 4070 -Cash Over & Short (34) - 0.00% 4967 -Friday Night Events 160 - (160) -100.00% 4991 -Museum Admissions 133,392 130,100 122,290 (7,810) -6.00% 4999 -Birthday Parties 1,420 (1,420) -100.00% TOTAL Children's Museum 133,358 226,125 216,735 (9,390) -4.15% 158 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUE DETAIL Temecula Community Services District Citywide Fund FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Acct # 190 TCSD FUND Actuals Budget Budget $ CHANGE % CHANGE Ellpity Theater 4004 -Special Tax (Measure C) 310,466 310,466 - 0.00% 4025 -Interstate Dance Grant 10,000 (10,000) -100.00% 4051 -Donations 500 1,000 1,000 - 0.00% 4070 -Cash Over & Short 10 0.00% 4990 -Theater Security 635 - 0.00% 4901 -Theater Ushers 10,439 12,000 13,175 1,175 9.79% 4906 -Theater - Stagehand Labor Reimb 98,073 94,500 102,285 7,785 8.24% 4907 -Theater - Ticket Services Reimb 50,613 49,625 49,625 - 0.00% 4910 -Theater - Temecula Presents 77,669 79,920 79,920 - 0.00% 4990 -Theater Rentals 75,023 77,305 78,625 1,320 1.71% 4991 -Theater Admissions 38,123 41,000 41,000 - 0.00% 4997 -Concessions 1,200 1,200 1,200 0.00% 4999 -Theater-Equipment Rentals 19,405 10,000 10,000 - 0.00% TOTAL Community Theater 371,690 687,016 687,296 280 0.04% 1 4004 -Special Tax (Measure C) 121,573 121,573 0.00% 4992 -Special Events 3,776 10,000 8,900 (1,100) -11.00% TOTAL Cultural Arts 3,776 131,573 130,473 (1,100) -0.84% ,DEPT 192 Harveston Center 4070 -Cash Over & Short 1 - 0.00% 4982 -Contracted Classes 257,467 270,000 200,000 (70,000) -25.93% 4990 -Indoor Rentals 43,852 57,975 57,975 - 0.00% TOTAL Harveston Center 301,320 327,975 257,975 (70,000) -21.34% DEPT 193 Civic Center Conference Room 4990 -Indoor Rentals 15,967 20,000 26,000 6,000 30.00% TOTAL Civic Center Conference Room 15,967 20,000 26,000 6,000 30.00% IDE man Services 4004 -Special Tax (Measure C) 43,833 43,833 - 0.00% 4980 -Classes/Activities 390 500 110 28.21% 4986 -Excursions 300 200 (100) -33.33% 4987 -Indoor Rentals 60 - (60) -100.00% 4995 -High Hopes 1,050 700 (350) -33.33% TOTAL Human Services 45,633 45,233 (400) -0.88% TOTAL TCSD 11,268,144 7,352,802 7,996,456 643,654 8.75% 159 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUE DETAIL Service Level Funds Acct # 192 SERVICE LEVEL B FUND 4005 -Assessments 4065+4545 -Investment Interest 4073 -Service Level B Funding From General Fund TOTAL SERVICE LEVEL B FUND Acct # SERVICE LEVEL C FUNDS 500-530 4005 -Assessments 4065+4545 -Investment Interest 4371 -Slope Inspection Fees TOTAL SERVICE LEVEL "C" FUNDS Acct # 194 SERVICE LEVEL D FUND 4005 -Assessments 4025 -Grants 4065+4545 -Investment Interest 4096 -Recycling Program TOTAL SERVICE LEVEL D FUND Acct # 195 SERVICE LEVEL R FUND 4005 -Assessments 4065+4545 -Investment Interest TOTAL SERVICE LEVEL R FUND Acct # 196 SERVICE LEVEL L FUND 4005 -Assessments 4007-Harveston Lake Boat Revenue 4065+4545 -Investment Interest TOTAL SERVICE LEVEL L FUND FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Actuals Budget Budget 644,042 641,384 641,384 680 38 - 293,365 293,365 330,000 938,087 934,787 971,384 $ CHANGE % CHANGE 0.00% (38) -100.00% 36,635 12.49% 36,597 3.92% FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Actuals Budget Budget $ CHANGE % CHANGE 1,607,987 1,583,693 1,584,196 503 0.03% 9,672 5,638 2,863 (2,775) -49.22% 1,945 - 0.00% 1,619,604 1,589,331 1,587,059 (2,272) -0.14% FY 2011-12 FY 2012-13 Audited Revised Actuals Budget 5,982,020 6,482,964 27,685 10,542 800 5,531 5,000 FY 2013-14 Proposed Budget $ CHANGE % CHANGE 6,515,833 32,869 0.51 % 26,999 26,999 0.00% 700 (100) -12.50% 5,000 - 0.00% 6,025,778 6,488,764 6,548,532 59,768 0.92% FY 2011-12 FY 2012-13 Audited Revised Actuals Budget 5,590 5,532 61 50 FY 2013-14 Proposed Budget $ CHANGE % CHANGE 5,532 - 0.00% (50) -100.00% 5,651 5,582 5,532 (50) -0.90% FY 2011-12 FY 2012-13 Audited Revised Actuals Budget 236,481 227,852 4,606 3,600 1,987 1,300 FY 2013-14 Proposed Budget $ CHANGE % CHANGE 230,130 2,278 1.00% 3,600 - 0.00% 700 (600) -46.15% 243,074 232,752 234,430 1,678 0.72% 160 Annual Operating Budget Fiscal Year 2013-14 REVENUE DETAIL LIBRARY FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Acct# 197 LIBRARY FUND Actuals Budget Budget $ CHANGE %CHANGE 4051 -Library Donations 26 - 0.00% 4065+4545 -Investment Interest 3,485 1,500 1,000 (500) -33.33% 4070 -Cash Over & Short (20) - 0.00% 4073 -Library Funding From General Fund 223,511 604,253 644,253 40,000 6.62% 4271 -Fines & Fees 96,204 90,000 90,000 - 0.00% 4272 -Lost Damaged Materials 3,826 4,400 3,650 (750) -17.05% 4273 -Printing & Copies 28,561 26,000 26,000 - 0.00% 4274 -Facilities Rentals 16,691 19,455 18,375 (1,080) -5.55% 4982 -Contracted Classes - - 20,000 20,000 0.00% TOTAL LIBRARY FUND 372,284 745,608 803,278 57,670 7.73% TERN FELLOWSHIP PROGRAM FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Acct # 375 INTERN FELLOWSHIP PROGRAM Actuals Budget Budget $ CHANGE % CHANGE 4065 -Investment Interest 2 - 0.00% 4090 -Operating Transfer In 4,000 5,000 12,000 7,000 140.00% TOTAL INTERN FELLOWSHIP PROGRAM 4,002 5,000 12,000 7,000 140.00% TCSD 2001 COPS DEBT SERVICE FUND FY 2011-12 FY 2012-13 FY 2013-14 Audited Revised Proposed Acct# 390 DEBT SERVICE FUND Actuals Budget Budget $ CHANGE % CHANGE 4065 -Investment Interest (2) 0.00% 4090 -Operating Transfer In 4,331,970 - 0.00% TOTAL DEBT SERVICE FUND 4,331,968 - - - 0.00% 161 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Temecula Community Services District CITYWIDE OPERATIONS Proposed Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Taxes and Franchises Special Tax $ 3,761,190 $ 1,853,798 $ 1,853,798 $ - 0.00% Licenses, Permits and Service Charges Service Charges 2,239,065 2,336,421 2,088,688 (247,733) -11.86% Community Services Funding /General Fund 5,190,227 3,141,080 4,050,590 909,510 28.96% Use of Money and Property Investment Interest 8,323 2000 400 (1,600) -80.00% Lease Income 44,557 - 0.00% Intergovernmental Revenues Interstate Dance Grant 10,000 (10,000) -100.00% Reimbursement From Capital Improvement Program 3,107 5,000 1,500 (3,500) -70.00% Other 223 447 (447) -100.00% Miscellaneous Revenue 21,452 4,056 1,480 (2,576) -63.51% Total Revenues and Other Sources $11,268,144 $ 7,352,802 $ 7,996,456 $ 643,654 8.75% SERVICE LEVEL B—Street Lighting Proposed Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Assessments $ 644,042 $ 641,384 $ 641,384 $ Service Level B Funding / General Fund 293,365 293,365 330,000 36,635 Use of Money and Property Investment Interest 0.00% 12.49% 680 38 - (38) -100.00% Total Revenues and Other Sources $ 938,087 $ 934,787 $ 971,384 $ 36,597 3.92% 162 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Temecula Community Services District SERVICE LEVEL C—Landscape / Slope Maintenance Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Assessments $ 1,607,987 $ 1,583,693 $ 1,584,196 $ 503 0.03% Slope Inspection Fees 1,945 - - 0.00% Use of Money and Property Investment Interest Total Revenues and Other Sources 9,672 5,638 2,863 (2,775) -49.22% $ 1,619,604 $ 1,589,331 $ 1,587,059 $ (2,272) -0.14% SERVICE LEVEL D—Refuse and Recycling Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Assessments $ 5,982,020 $ 6,482,964 $ 6,515,833 $ 32,869 0.51% Recycling Program 5,531 5,000 5,000 0.00% Use of Money and Property Investment Interest 10,542 800 700 (100) -12.50% Intergovernmental Revenues Grants 27,685 26,999 26,999 0.00% Total Revenues and Other Sources $ 6,025,778 $ 6,488,764 $ 6,548,532 $ 59,768 0.92% SERVICE LEVEL R—Street / Road Maintenance Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Assessments $ 5,590 $ 5,532 $ 5,532 $ 0.00% Use of Money and Property Investment Interest Total Revenues and Other Sources 61 50 (50) -100.00% $ 5,651 $ 5,582 $ 5,532 $ (50) -0.90% 163 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Temecula Community Services District SERVICE LEVEL L-Harveston Lake Park Maintenance Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Assessments $ 236,481 $ 227,852 $ 230,130 $ 2,278 1.00% Harveston Lake Boat Rental 4,606 3,600 3,600 - 0.00% Use of Money and Property Investment Interest Total Revenues and Other Sources 1,987 1,300 700 (600) -46.15% $ 243,074 $ 232,752 $ 234,430 $ 1,678 0.72% LIBRARY FUND Proposed yo Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Library Funding / General Fund $ 223,511 $ 604,253 $ 644,253 $ 40,000 6.62% Printing/Copies 28,561 26,000 26,000 0.00% Facilities Rentals 16,691 19,455 18,375 (1,080) -5.55% Contracted Classes - - 20,000 20,000 0.00% Fines and Forfeitures 100,030 94,400 93,650 (750) -0.79% Use of Money and Property Investment Interest 3,485 1,500 1,000 (500) -33.33% Miscellaneous 6 - - - 0.00% Total Revenues and Other Sources $ 372,284 $ 745,608 $ 803,278 $ 57,670 7.73% 164 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Temecula Community Services District INTERN FELLOWSHIP PROGRAM Use of Money and Property Investment Interest Operating Transfers In Total Revenues and Other Sources I Proposed °!o Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ 2 $ - $ - $ 0.00% 4,000 5,000 12,000 7,000 140.00% $ 4,002 $ 5,000 $ 12,000 $ 7,000 140.00% TCSD 2001 COPS DEBT SERVICE FUND Use of Money and Property Investment Interest Operating Transfers In Total Revenues and Other Sources Proposed °!o Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ (2) $ - $ - $ 4,331,970 $ 4,331,968 $ $ $ 165 0.00% 0.00% 0.00% City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENDITURE SUMMARY BY CATEGORY Temecula Community Services District Operations and Fund Personnel Maintenance Total Citywide Operations Citywide Recreation $ 933,806 $ 1,060,540 $ 1,994,346 Senior Center 249,898 118,820 368,718 Community Recreation Center 412,699 259,112 671,811 Recreation 516,197 421,019 937,216 Temecula Community Center 93,566 34,250 127,816 Temecula History Museum 213,975 66,898 280,873 Aquatics 458,765 223,800 682,565 Sports 378,246 119,753 497,999 Temecula Children's Museum 153,740 74,340 228,080 Community Theater 778,811 414,321 1,193,132 Cultural Arts 124,702 322,600 447,302 Harveston Community Center 142,096 230,194 372,290 Conference Center 42,070 8,250 50,320 Human Services 152,870 32,803 185,673 YMCA Facility 10,000 10,000 Total 4,651,441 3,396,700 8,048,141 Service Levels Service Level B 10,625 1,001,100 1,011,725 Service Level C 118,018 1,985,167 2,103,185 Service Level D 93,408 6,562,288 6,655,696 Service Level R 9,650 9,650 Service Level L 21,132 217,900 239,032 Library 55,313 766,440 821,753 Summer Youth Employment 12,000 12,000 Total $ 4,961,937 $ 13,939,245 $ 18,901,182 166 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT MISSION Provide a variety of programs that educate, entertain and enrich the community, provide the exceptional special events that help bring the "small town feel" to our residents, and provide services and programs that is needed by those with special needs, teens and seniors. ORGANIZATIONAL CHART DIRECTOR OF TEMECULA COMMUNITY SERVICES DISTRICT Kevin Hawkins CITYWIDE EVENTS ATHLETICS Old Town Events Signature Events Community Events Public Art / Cultural Art Events Youth Sports Adult Sports Tournaments / Field Rentals COMMUNITY SERVICES Recreation Programming Contract Classes Library Services Park Development Sister City Facility Rentals Park Rangers 167 COMMUNITY THEATER Theater / Merc Performances Theater Rental / Marketing MUSEUMS HUMAN SERVICES Children's Museum Teens History Museum Special Needs Seniors and Active Adults ■ City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT EXPENDITURES BY CATEGORY Program: Community Services Funding Source: Special Tax Benefit Assessments General Fund CITYWIDE OPERATIONS Actual Actual Budgeted Requested % Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 4,769,295 $ 4,661,663 $ 4,210,870 $ 4,651,441 $ 440,571 10.5% Operations & Maintenance 6,022,228 6,514,343 3,658,908 3,396,700 (262,208) -7.2% Operating Transfer Out 489,653 597,980 - - 0.0% Capital Outlay 0.0% $ 11,281,176 $ 11,773,986 $ 7,869,778 $ 8,048,141 $ 178,363 2.3% SERVICE LEVEL B Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 7,999 $ 18,917 $ 10,355 $ 10,625 $ 270 2.6% Operations & Maintenance 940,790 933,672 958,200 1,001,100 42,900 4.5% Capital Outlay - - - - 0.0% $ 948,789 $ 952,589 $ 968,555 $ 1,011,725 $ 43,170 4.5% SERVICE LEVEL C Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 139,438 $ 107,213 $ 114,926 $ 118,018 $ 3,092 2.7% Operations & Maintenance 1,017,939 1,383,706 1,921,387 1,985,167 63,780 3.3% Capital Outlay - - - - - 0.0% $ 1,157,377 $ 1,490,919 $ 2,036,313 $ 2,103,185 $ 66,872 3.3% SERVICE LEVEL D Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 46,418 $ 71,869 $ 121,970 $ 93,408 $ (28,562) -23.4% Operations & Maintenance 5,797,913 6,001,437 6,390,748 6,562,288 171,540 2.7% Capital Outlay - - - 0.0% SERVICE LEVEL R Expenditure Summary Operations & Maintenance Capital Outlay $ 5,844,331 $ 6,073,306 $ 6,512,718 $ 6,655,696 $ 142,978 2.2% Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ 6,325 $ 1,811 $ 10,150 $ 9,650 $ (500) -4.9% $ - - - 0.0% $ 6,325 $ 1,811 $ 10,150 $ 9,650 $ (500) -4.9% 168 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT EXPENDITURES BY CATEGORY (continued) SERVICE LEVEL L Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 49,442 $ 46,082 $ 20,544 $ 21,132 $ 588 2.9% Operations & Maintenance 178,446 179,916 217,900 217,900 - 0.0% Capital Outlay - - - - 0.0% $ 227,888 $ 225,998 $ 238,444 $ 239,032 $ 588 0.2% LIBRARY Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 13,746 $ 50,007 $ 53,473 $ 55,313 $ 1,840 3.4% Operations & Maintenance 621,032 631,573 803,687 766,440 (37,247) -4.6% Capital Outlay - - - - 0.0% $ 634,778 $ 681,580 $ 857,160 $ 821,753 $ (35,407) -4.1% INTERN FELLOWSHIP PROGRAM Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 185,819 $ 3,926 $ 22,980 $ 12,000 $ (10,980) -47.8% Operations & Maintenance 9,470 - - 0.0% Capital Outlay 0.0% $ 195,289 $ 3,926 $ 22,980 $ 12,000 $ (10,980) -47.8% 169 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT PERSONNEL ALLOCATION CITYWIDE OPERATIONS Authorized Proposed 2012-13 Changes 2013-14 Unfunded Administrative Assistant 1.00 0.00 1.00 0.00 Aquatics Supervisor 1.00 0.00 1.00 0.00 Custodian 1.00 0.00 1.00 0.00 Director of Community Services 1.00 0.00 1.00 0.00 Lead Maintenance Worker 1.00 0.00 1.00 0.00 Maintenance Superintendent 0.35 0.00 0.35 0.00 Maintenance Worker 1.35 0.00 1.35 0.00 Museum Services Manager 0.00 1.00 1.00 0.00 Office Specialist 2.00 0.00 2.00 0.00 Office Specialist - YMCA 1.00 0.00 1.00 1.00 Park Ranger 0.00 2.00 2.00 0.00 Patron Services Coordinator 1.00 0.00 1.00 0.00 Recreation Coordinator 1.00 0.00 1.00 0.00 Recreation Superintendent 1.00 0.00 1.00 0.00 Recreation Supervisor 5.00 0.00 5.00 0.00 Recreation Supervisor - YMCA 1.00 0.00 1.00 1.00 Senior Management Analyst 2.00 0.00 2.00 0.00 Senior Recreation Coordinator 2.00 1.00 3.00 0.00 Theater Manager 1.00 0.00 1.00 0.00 Theater Technical Coordinator 1.00 0.00 1.00 0.00 Theater Technical Supervisor 1.00 0.00 1.00 0.00 Total 25.70 4.00 29.70 2.00 Authorized SERVICE LEVEL B 2012-13 Changes Office Specialist 0.15 0.00 Total SERVICE LEVEL C Landscape lnspector Maintenance Manager Office Specialist Parks/Landscape Maintenance Supervisor Senior Landscape Inspector Total 0.15 0.00 0.25 0.05 0.15 0.25 0.35 0.00 0.00 0.00 0.00 0.00 1.05 0.00 Proposed 2013-14 Unfunded 0.15 0.00 0.15 0.00 0.25 0.05 0.15 0.25 0.35 0.00 0.00 0.00 0.00 0.00 1.05 0.00 SERVICE LEVEL D Associate Planner 1.00 (0.25) 0.75 0.00 Total 1.00 (0.25) 0.75 0.00 SERVICE LEVEL L Maintenance Worker Park/Landscape Maintenance Supervisor Senior Landscape Inspector Total LIBRARY Maintenance Superintendent Maintenance Worker 0.10 0.05 0.05 0.00 0.00 0.00 0.20 0.00 0.10 0.00 0.35 0.00 0.10 0.05 0.05 0.00 0.00 0.00 0.20 0.00 0.10 0.00 0.35 0.00 Total 0.45 0.00 0.45 0.00 Department Total 28.55 3.75 170 32.30 2.00 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: CITYWIDE EVENTS SERVICES • Organize signature City events such as the Easter Egg Hunt, 4th of July Parade and Fireworks Program, Santa's Electric Light Parade and Winterfest Events in Old Town with the seasonal Ice Rink. • Provide free family activities during the summer, including FAM, summer movie and concert series, Hot Summer Nights and Aglow in the Park. • Implementation of regional events, including Bluegrass Festival, Western Days, Street Painting Festival, Outdoor Ice Rink and New Year's Eve Grape Drop. • Provide co-sponsorship of funds or in-kind services to special events including the Temecula Rod Run, Susan G. Komen Race for the Cure, Taste of Temecula and Reality Rally. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Planned and implemented a Veteran's Day event that included the dedication of the military banners which hang in Town Square Park and Quad area. • Reviewed and revised to streamline the Special Event Permit Application and process. • Incorporated the "First Night" program into our New Year's Eve Grape Drop celebration. • Planned and implemented a new Memorial Day event which included a small procession up Main Street to a celebration in the Civic Quad. • Prepared and processed RFPs for the Ice Rink and Rod Run Special event. • Expanded the number of art openings at The Merc and added a music element to make this an extra special event. 171 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: CITYWIDE EVENTS OBJECTIVES(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Light Up the Civic Center in October (Pink) for Breast Cancer Awareness Month to educate the community about this important health issue October 31, 2013 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities Collaborate with a new promoter to continue to provide the signature event of the Temecula Rod Run March 31, 2014 Healthy and Livable City: Provide signature special events and cultural opportunities Conduct Facebook contests for prizes (e.g. VIP passes for the 41" of July Parade) to promote City activities and to obtain more community participation June 30, 2014 Safe and Prepared Community: Utilize social media to keep the community informed and involved Market the City's Corporate Sponsorship Program to local businesses to provide the city with additional funding while promoting local businesses June 30, 2014 Accountable and Responsive City Government: Promote community involvement PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Utilize Social Media to keep the community informed and involved Number of Facebook Contests to promote City activities and to obtain more community participation N/A N/A 4 10 15 (avg.) Provide signature special events and cultural opportunities Plan and implement new special events and/or cultural events 2 3 4 2 13 (avg.) 172 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: ATHLETICS SERVICES ■ Provide a variety of recreational and competitive sporting opportunities City-wide. ■ Provide an all-inclusive year-round aquatics program. ■ Program, reserve and maintain the sports fields, pools and courts for recreation and competitive leagues and tournaments. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Maximized the number of tournaments possible for the fields available. ■ Joint youth efforts with Our Nicolas Foundation to increase the number of participants in the Kick with Nick program. ■ Implemented the joint use agreement with TVUSD for field use. Recruited and hired two Park Monitors. ■ Recruited and hired a Tennis Monitor as required by the joint -use agreement with TVUSD that has provided the City with additional tennis courts. ■ Staff researched, designed and obtaining outside consultants to train aquatics staff to provide special needs swim lessons. ■ Promoted water safety by providing swimming lessons, world's largest swim lesson event, family swim nights, special needs family swim nights, private swim lessons, adult/teen swim lessons, junior lifeguarding and lifeguard training. ■ Implemented a successful pilot water polo program. ■ Hosted a Scooter Competition to help promote scooters being allowed inside the skate park. 173 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: ATHLETICS OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Provide additional tennis court rental opportunities and tennis programs June 2014 Healthy and Livable City. Promote high quality parks and recreation programs and cultural services Continue to provide reduced cost water safety programs for residents to increase safety awareness June 2014 Health and Livable City: Maintain a safe and family orientated environment Expand water polo instructional program to include an intermediate level September 2013 Healthy and Livable City: Promote high quality parks and recreation programs and cultural services Expand the adult/teen swim lesson opportunities November 2013 Health and Livable City: Maintain a safe and family orientated environment Incorporate a Special Needs element into the F.I.T. (Fitness In Temecula) Program July 2013 Health and Livable City: Maintain a safe and family orientated environment PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Encourage community participation in public safety and emergency preparedness. Increase the number of special needs participants provided with swim lessons and water safety programs. 10 10 25 150 250 (avg.) Promote high quality parks and recreation programs and cultural services Increase monthly Teen Gym attendance at the CRC. 100 90 125 175 300 (avg.) Promote high quality parks and recreation programs and cultural services Increase monthly skater attendance at the skate park. 175 130 200 250 350 (avg.) 174 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: COMMUNITY SERVICES SERVICES • Provide library collections that include books, periodicals, DVDs, CD's and resource data bases geared for adults, teens, and children. • Provide resources such as homework center and tutoring via a partnership between the Temecula Valley Unified School District and Law Library Services via a partnership with the Riverside County Law Library. • Plan, program and implement a wide variety of leisure services and contract classes for residents of all ages and abilities. • Participate in the Capital Improvement Program projects that include new or improving parks and recreational facilities. • Reserve and program numerous facilities, including the Community Recreation Center, Temecula Community Center, Temecula Skate Park, Harveston Center, Harveston Community Park Room, Patricia H. Birdsall Sports Park and citywide park shelters. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Developed a marketing strategy for the Harveston Center which resulted in a 25% increase this fiscal year. • Ambassador to Japan to promote cultural understanding and peace through people. • Assisted with the Temecula Community Center rehabilitation design to ensure the new design meets the necessary needs of our community. • Increased the number of hours that the Law Librarian is at the Temecula Public Library from 16 hours to 24 hours per week. This provides the community with additional assistance with legal matters and research. • Applied for a grant through the California State Library which was funded to provide a Healthy Living addition to the existing play and learn island. • Successfully launched and implemented Polaris software system for circulation and cataloging functions. 175 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: COMMUNITY SERVICES OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Plan and implement the 20th Anniversary celebration of the Sister City relationship with the Netherlands. September 2013 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities Design a facility marketing rental program which includes a simplified insurance process, a master vendor list, and enhance City's website to provide improved customer service December 2013 Economic Prosperity: Continue to promote the Temecula Valley as a destination Refurbish the signage on the Time Walk path in the parking lot of the Temecula Public Library. June 2014 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Foster an "educated community" through a wide variety of opportunities Collaborate with Riverside County Law Library to offer law-related classes to the public 0 0 3 5 14 (avg.) Foster an "educated community" through a wide variety of opportunities Provide computer classes in the technology homework center at the Temecula Public Library 0 0 10 50 60 (avg.) Promote high quality parks and recreation programs and cultural services Increase monthly teen room attendance at the Community Recreation Center 100 125 175 200 275 (avg.) 176 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: COMMUNITY THEATER SERVICES • Enrich, educate, and entertain the community by providing cultural experiences through theater, the arts, and music. • Partner with local schools to offer enhanced artistic and cultural experiences to youth. • Provide support of City -sponsored special events through quality programming, management, operations, and marketing. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Consolidated marking and promotion efforts for Temecula Presents and resident theater companies to produce a unified Theater Season Brochure. • Earned the 5th Award of Excellence in Marketing and Communications by the California Parks and Recreation Society (CPRS) for the Old Town Temecula Community Theater Season Brochure. • Achieved the all-time best average monthly attendance per performance in the Theater (52%) and The Merc (76%). • Received a $10,000 grant from the New England Foundation for the Arts' National Dance Project which helped fund the Brian Brooks Moving Company's performance from their "Big City" tour (from New York). • Developed, launched and marketed "Cabaret at The Merc" as a co -promotion with producers that bring current and former Broadway performers on a monthly basis. • Developed and implemented a sponsorship program that resulted in a Pano-Central sponsorship that funded the launch of the Theater facilities virtual tour on Google. • Implemented the fifth year of Arts Connection offering free Theater experiences to 4,000 TVUSD students annually. Offered four Master Dance Classes to local and regional dancers and presented four free music open rehearsals for the general public. • Temecula Present produced two sold -out performances by Delfeayo Marsalis Sextet in The Merc and piano duo Anderson & Roe in the Theater. • Negotiated joint -use agreement with TVUSD for the use of the Temecula Valley High School Performing Arts Theater while the Old Town Theater goes dark for the remediation work. 177 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: COMMUNITY THEATER OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Successfully transplant all Theater and Merc operations to alternative locations (Temecula Valley High School Theater and Civic Center Conference Center) during the Summer of 2013. September 2013 Healthy and Livable City. Promote high quality parks and recreation programs and cultural services Install and implement new Theater energy- efficient LED lighting and programming. September 2013 Accountable and Responsive City Government: Build and maintain highly functional and sustainable City facilities and infrastructure Recruit, train, recognize and retain Theater volunteers once per year. May 2014 Accountable and Responsive City Government: Promote community involvement PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Continue to promote the Temecula Valley as a destination Contract with local vendors to enhance patron Theater experience in Old Town with pre- and post - performance audience engagement techniques. 9 10 13 15 70 (avg.) Utilize social media to keep the community informed and involved Utilize social media to engage with the community (tweets, friends, etc.). 500 1000 2000 2500 3900 (avg.) 178 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: MUSEUMS SERVICES • Enrich, educate, and entertain the community by providing experiences in historical preservation and children's science -based learning experiences. • Supplement public education through use of traveling exhibits, historical walking tours, museum tours, and history writing contests. • Educate and entertain children with science -based activities and interactive exhibits at Pennypickle's Workshop, the Temecula Children's Museum. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Doubled the attendance at the History Museum from last year through additional marketing, signage and new programs and special events. • Enhanced the sound effects and added sound to existing historical exhibits. • Upgraded electronic exhibits and included more electronic exhibits to temporary History Museum exhibits. • Redesigned and replaced signage to create a new brand at the History Museum. • Increased the number of volunteers at the History Museum by 10% by offering more interesting programs and attending outside organizations like the Woman's Club to solicit additional volunteers. • Recruited, hired and trained new staff at Pennypickle's Workshop in order to keep functional and safe staffing levels. 179 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: MUSEUMS OBJECTIVES(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal "hands Develop and install on" engaging exhibits to capture a younger and expanded History Museum audience June 2014 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities Facilitate the design and development of a new Pennypickle feather exhibit June 2014 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities Develop a plan to incorporate and promote the History Museum and Pennypickle's Workshop with Old Town special events June 2014 Healthy and Livable City: Promote high quality parks and recreation programs and cultural services Plan and implement programs for teens and "adult only' nights at Pennypickle's Workshop. Provide field trips from Mary Phillips Senior Center/or senior housing facilities to Pennypickle's Workshop for a senior program February 2014 Healthy and Livable City Promote high quality parks and recreation programs and cultural services Continue to review and enhance the look of the History Museum to provide a new experience to residents June 2014 Healthy and Livable City: Promote high quality parks and recreation programs and cultural services 180 1 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: MUSEUMS PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Promote high quality parks and recreation programs and cultural services Increase attendance at the Pennypickle's Workshop, by planning, programming and implanting additional programs 0 0 3 4 7 (avg.) Promote community involvement Increase the number of active volunteers at the Temecula History Museum 16 21 25 30 50 (avg.) Promote community involvement Increase the number of active volunteers at Pennypickle's Workshop 0 10 15 20 30 (avg.) 181 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: HUMAN SERVICES SERVICES ■ Focus on the enrichment, education, employment and resources for youth, young adults, special needs and seniors. ■ Establish opportunities to better engage youth in student -based advisory boards which promote community and civic involvement. ■ Provide leadership development and training for youth and young adults. ■ Offer health and wellness education and social programs for seniors. ■ Provide resources, education and programs for all human services issues including families with special needs and seniors. ■ Build new and expand current partnerships to improve the overall quality and coordination of services and programs. ■ Provide training among city staff and local key constituencies that serve or engage youth with special needs. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Received City Council approval for the Autism Playbook and Resource Guide to be used as a resource for local families and the community. ■ Provided a teen excursion to local 4 -year colleges to introduce students to the school's educational programs, extra -curricular activities and building locations. ■ Implemented an educational series for parents/caregivers of at -risk youth, special needs and military families. ■ Provided a year around inclusive internship program which hires individuals with special needs and places them in various departments within the city. ■ Doubled the number of vendors at the Health and Wellness Fair, which doubled the number of participants from 300 to 600. Solicited and received a sponsorship donation in the amount of $1,500. ■ Implemented a Special Needs Resource and Wellness Fair that provide resources/services to children and families affected by special needs. ■ Partnered with local area organizations like Towards Maximum Independence, Our Nicholas Foundation, Autism Society Inland Empire, Novell & Novell, Temecula Unified School District and many more to provide workshops and seminars to the community. ■ City of Temecula, Mayor received the CPRS Award for Champion of the Community for the Cities special needs efforts. 182 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: HUMAN SERVICES ACCOMPLISHMENTS for Fiscal Year 2012-13 (CONTINUED) • Chosen to work with University of Southern California on a graduate project program to research and formulate a special needs summer camp. • Implemented an Inclusive Youth Job Development program that equips youth with job training, job readiness and interviewing skills. • Implemented a new Middle School Youth Advisory Council. • Built a multigenerational volunteer base for adults in the community interested in service opportunities. • Drafted a Comprehensive Human Services Resource Guide that includes the existing Special Needs guide as well as a Senior Services Section and all other human services related resources. • Consult with neighboring cities on Human Services Best Practices which resulted in the City of Murrieta and County of Riverside Board of Supervisors to adopt the Autism Community Playbook and the Special Needs Resource Guide into their city and county. • Offer new recreational program, LEAP (Learning Enriched Autism Program), for middle and high school aged youth. • Met with local assembly women and congressman to address issues as they relate to Autism. • Raise Autism Awareness in commemoration of Autism Awareness Day and month by "Lighting it Up" Blue at City Hall. 183 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: HUMAN SERVICES OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Light Up the Civic Center in April (Blue) for Autism Awareness Month to educate the community about this important health issues April 30, 2014 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities Combine Special Needs Resource & Wellness Fair with TCSD Heath & Wellness Fair and add a safety component to the fair September 2013 Healthy and Livable City: Promote high quality parks and recreation programs and cultural services Plan and implement a special 20th Anniversary celebration of the Mary Phillips Senior Center September 2013 Economic Prosperity: Continue to pursue high quality employment opportunities for Temecula residents Obtain City Council approval on the release of the Human Services Resource Guide June, 2014 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities Expand existing Educational Workshops to address issues derived from the new Youth, Family and Health Task Force June, 2014 Healthy and Livable City: Foster an "educated community" through a wide variety of opportunities 184 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 TEMECULA COMMUNITY SERVICES DISTRICT Division/Program: HUMAN SERVICES PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Foster an "educated community" through a wide variety of opportunities Add new Human Services workshops for parents and youth facing a wide variety of social issues 6 6 8 10 26 (avg.) Foster an "educated community" through a wide variety of opportunities Increase the Resource Guide to include as many local and regional services to meet the unique needs of our community 0 0 1 2 4 (avg.) 185 186 Item No. 25 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: June 11, 2013 SUBJECT: Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2013-2014 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2013-2014 BACKGROUND: The purpose of the Temecula Community Services District (TCSD) Rates and Charges are to provide necessary services to property owners within the City of Temecula. The TCSD operates under the authority of Community Services District Law and its boundaries are the same as those of the City of Temecula. Property owners pay only for the TCSD services used or made available to their property through separate rates and charges on their property tax bill. The Community Services, Parks and Recreation and Service Level A Rates and Charges previously levied by the TCSD were replaced by the City's Parks/Lighting Services Special Tax, approved by the voters as Measure C on March 4, 1997. Although the TCSD continues to operate and maintain the parks and recreational facilities through a cooperative agreement with the City, the actual levy budget for the special tax is scheduled to be considered and approved by the City Council on June 11, 2013. As a result, the TCSD is currently comprised of the following four (4) remaining service levels: 1. Service Level B - Residential Street Lighting. Operational, administrative, maintenance and utility costs of residential street lights within the TCSD maintenance system. 2. Service Level C - Perimeter Landscaping. Operational, administrative, maintenance and utility costs for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D- Recycling and Refuse Collection. Operational and administrative costs of the recycling and refuse collection services for residential households. 4. Service Level R - Emergency Unpaved Road Maintenance. Operational, administrative, construction and maintenance costs for certain unpaved roads in the City. Service Level B includes only those parcels within residential subdivisions that receive residential street lighting services. The proposed rate of $25.68 per year per property owner has not been increased from last fiscal year. Service Level C includes only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance. The zones and rates are identified as follows: Zone # 1 Zone # 2 Zone # 3 Zone # 4 Zone # 5 Zone # 6 Zone # 7 Zone # 8 Zone # 9 Zone # 10 Zone # 11 Zone # 12 Zone # 13 Zone # 14 Zone # 15 Zone # 16 $116.00 $89.00 $116.00 $46.00 $175.00 $102.12 $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 $46.00 $89.00 $175.00 $175.00 Zone # 17 Zone # 18 Zone # 19 Zone # 20 Zone # 21 Zone # 22 Zone # 23 Zone # 24 Zone # 25 Zone # 26 Zone # 27 Zone # 28 Zone # 29 Zone # 30 Zone # 31 Zone # 32 $46.00 $70.00 $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 $200.00 $270.00 $70.00 $129.00 $364.48 $0.00 $30.08 $688.00 The rate levels for Zones 6, 29, 31 and 32 are subject to a Consumer Price Index -Urban Consumers (CPI -U for Los Angeles -Riverside -Orange County, percentage change from December 2011 to December 2012) annual inflator of 1.9% while all other rate levels will not increase from last fiscal year. Zone 30 will not be assessed in the future. The property owners for Zone 30 have elected to keep the landscaping responsibilities with the Homeowner's Association (HOA). Zones 31 and 32 will not be assessed during the 2013-2014 fiscal year due to construction delays. Service Level D provides recycling and refuse services to all developed households in the City of Temecula. For Fiscal Year 2013-2014 the rate will be $238.04 which is a $0.76 annual increase from last fiscal year. The increase is due to a Consumer Price Index -Urban Consumers (CPI -U for Los Angeles -Riverside -Orange County, percentage change annual average percentage change from 2011 to 2012) increase of 2.04% and a Diesel Fuel Component Index (DFCI) increase of 3.04% and a land -fill tipping fee increase of $0.55. Per our Franchise Agreement the CPI, DFCI, and changes to the land -fill tipping fee will cause our Service Level D rate and charge to change. Service Level R includes only those parcels which receive maintenance services of certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26, and for an unimproved parcel is $57.62. For Fiscal Year 2013-2014 the maximum assessment will be charged in order to provide the services as needed. As per Proposition 218 all property owners are required to be noticed as to the rates and charges that the TCSD will be assessing at least 45 days prior to the public hearing. Notices were mailed on April 19, 2013 calling for a June 11, 2012 public hearing. On April 23, 2013 the TCSD Board of Directors approved a Resolution of Intention that called for the public hearing to be held on June 11, 2013. The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California Public Resources Code and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing services within the TCSD. The total revenue for all service levels as written in the attached 2013/14 Engineer's Annual Levy Report is $8,762,216 which varies slightly from the Annual Operating Budget due to timing differences in the production of the two documents. The revisions did not result in any rate increases. This item went before the Community Services Commission meeting on May 13, 2013 as a "receive and file" item. The Community Services Commission is aware of these rates and charges and any proposed changes. FISCAL IMPACT: The $8,762,216 in revenue generated from the TCSD Rates and Charges will fund residential streetlights, perimeter landscaping; recycling and refuse collection services and emergency unpaved road maintenance in the City of Temecula. This number is consistent with the 2013/14 Engineer's Annual Levy Report and Annual Operating Budget. ATTACHMENTS: 1. Resolution - Service Levels B, C, D and R 2. Engineer's Annual Levy Report RESOLUTION NO. CSD 2013- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD SERVICES FOR FISCAL YEAR 2013-2014 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes within the TCSD in the manner prescribed by Government Code Section 61115. By previous resolution, the TCSD proposed to continue such rates and charges for the operation, maintenance, service and administration of residential street lighting, perimeter landscaping, recycling and refuse collection and emergency unpaved road maintenance services for Fiscal Year 2013- 2014. Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2013-2014. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided, including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed on April 19, 2013 calling for a public hearing on June 11, 2013. Notice was published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. At the public hearing on June 11, 2013, the Board of Directors heard and considered all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2013-2014. Section 7. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges for residential street lighting, perimeter landscaping, recycling and refuse collection and emergency unpaved road maintenance services for Fiscal Year 2013-2014 as set out on Exhibit A. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien or a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2013-2014, or claims that an error has been made with respect to the implantation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 2, 2013, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2013-2014 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 2, 2013, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2013, the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt there from; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such rates and charges as shown on that roll and to perform any and all duties necessary therefore. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 11th day of June, 2013. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 13- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVELS B, C AND D On January 1, 2013, Willdan Financial Services was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2013-2014. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level, as follows: 1. Service Level B - Residential Street Lighting. Operational, administrative, maintenance and utility costs of residential street lights within the TCSD maintenance system. 2. Service Level C - Perimeter Landscaping. Operational, administrative, maintenance and utility costs for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Services. Operational and administrative costs of the recycling and refuse collection services for residential households. 4. Service Level R — Emergency Unpaved Road Maintenance. Operational, administrative, construction and maintenance costs of certain unpaved roads in the City. The Financial Analysis contained herein includes Service Levels B, C, D and R with their total levy budgets for Fiscal Year 2013-2014 to be as follows: SERVICE LEVEL BUDGET PARCEL RATE LEVEL CHARGE Service Level B $ 641,384 N/A $ 25.68 Service Level C $ 37,932 Zone 1 $116.00 $ 42,542 Zone 2 $ 89.00 $ 47,238 Zone 3 $116.00 $ 6,394 Zone 4 $ 46.00 $ 39,025 Zone 5 $175.00 $ 23,385 Zone 6 $102.12 (1) $ 16,732 Zone 7 $ 89.00 $ 137,025 Zone 8 $175.00 $ 5,106 Zone 9 $ 46.00 $ 9,744 Zone 10 $116.00 $ 2,450 Zone 11 $175.00 $ 96,396 Zone 12 $116.00 $ 34,224 Zone 13 $ 46.00 $ 14,774 Zone 14 $ 89.00 $ 9,800 Zone 15 $175.00 $ 37,800 Zone 16 $175.00 $ 2,116 Zone 17 $ 46.00 $ 94,010 Zone 18 $ 70.00 $ 54,450 Zone 19 $225.00 $ 177,975 Zone 20 $175.00 $ 228,201 Zone 21 $129.00 $ 4,408 Zone 22 $116.00 $ 8,400 Zone 23 $ 20.00 $ 162,100 Zone 24 $100.00 $ 44,000 Zone 25 $200.00 $ 2,160 Zone 26 $270.00 $ 9,100 Zone 27 $ 70.00 $ 232,974 Zone 28 $129.00 $ 3,645 Zone 29 $364.48 (1) $ 0.00 Zone 30 $ 0.00 (3) $ 0.00 Zone 31 $ 30.08 (1), (2) $ 0.00 Zone 32 $688.00 (1), (2) $ 1,584,196 Service Level C Total (1) This rate increased by 1.9% CPI -U. (2) These zones will not be assessed for FY 2013-2014 due to delay in construction and/or completion of project. (3) This Zone has been eliminated, HOA has taken over landscaping responsibilities. Service Level D $6,531,103 N/A $237.28 Service Level R $ 5,532 Improved Parcel Vacant Parcel $115.26 $ 57.62 TOTAL TCSD LEVY BUDGET FOR SERVICE LEVELS B, C, D and R: $ 8,762,216 27368 Via Industria Suite 110 Temecula, CA 92590 T 951.587.3500 1 800.755.6864 F 951.587.3510 www.willdan.com/financial City of Temecula Temecula Community Services District (TCSD Levels B, C, D and R) 2013/2014 ENGINEER'S ANNUAL LEVY REPORT Intent Meeting: April 23, 2013 Public Hearing: June 11, 2013 */WILLDAN Financial Services ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Rates and Charges for the: Temecula Community Services District (TCSD) City of Temecula Riverside County, State of California This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Dated this O �`l day of `` , 2013. Willdan Financial Services District Engineer On Behalf of the City of Temecula and The Temecula Community Services District By: Iiy Susana Medina, Project Manager District Administration Services By: Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS 1. OVERVIEW 1 11. PLANS AND SPECIFICATIONS 2 A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES 2 B. BUDGET AND LEVY SUMMARY 3 C. DISTRICT SERVICES AND CHARGES 5 111. CHANGES TO THE DISTRICT 10 A. NOTABLE MODIFICATIONS TO THE DISTRICT 11 B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2013/2014 11 IV. DISTRICT BUDGETS 13 V. METHOD OF APPORTIONMENT 14 APPENDIX A - 2013/2014 COLLECTION ROLL 17 WW1LLOAN Financial Services 1. OVERVIEW Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("District") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors ("Board") for the District. The District collects property -related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"). Each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed and approved by the Board. This Report describes the District, any changes to the District and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties charged for District services. The Charges contained in the Report are based on the historical and estimated cost to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as unpaved road improvement and maintenance within specified areas of the District. Pursuant to Government Code Section 61115 the District has prescribed, revised and collected rates and charges for residential street lighting ("Service Level B"), perimeter landscaping ("Service Level C"), refuse/recycling ("Service Level D"), and unpaved road maintenance ("Service Level R") services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115. 2013/2014 TCSD B, C, D and R Page 1 of 17 WFinancial Services l W[LLDAN Pursuant to Government Code Section 61115, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level D and Service Level R rates and charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2013/2014. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2013/2014. 11. PLANS AND SPECIFICATIONS A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES The boundary of the District is coterminous with the City boundary, and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are spread among all properties within that Service Level to which the service is provided in accordance with the Rate and Method of Apportionment of the specific service level. Services and improvements provided throughout the District include residential street lighting; perimeter landscape maintenance and slope protection; a refuse and recycling collection program; and unpaved road improvement construction and maintenance. The Service Levels are identified as follows: • Service Level B - Residential Street Lighting • Service Level C - Perimeter Landscaping • Service Level D - Refuse/Recycling • Service Level R — Unpaved Road Maintenance 2013/2014 TCSD B, C, D and R Page 2 of 17 WWILLDAN Financial Services B. BUDGET AND LEVY SUMMARY The budgets for each Service Level are shown in detail in Section IV of this report. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included at each of the Service Levels. The "Total Levy Units" and the resulting "Charge Per Levy Unit" (shown in Table I), reflect a method of apportionment that most fairly spreads the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and D is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit ("PDU"), which is similar to a per parcel count, but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the "Total Levy Units" used for each Service Level, please refer to (Section V), Method of Apportionment. 2013/2014 TCSD B, C, D and R Page 3 of 17 WWI LLDAN Financial Services The following Table provides levy information for the various Service Levels within the District, comparing the Budget for Fiscal Year 2013/2014 to the previous fiscal year. TABLET (1) Beginning Fiscal Year 2007/2008 for Zones #29 and #31, and beginning Fiscal Year 2009/10 for Zones #6 and #32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. Beginning Fiscal Year 2010/2011, Zone #30 has elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2013/2014. (3) The project areas in Zones #31 and #32 for Service Level C are under construction. Maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD and will not be levied for Fiscal Year 2013/2014. Note: Due to rounding, the Total Levy Units (shown in this table) multiplied by the Charge Per Unit maybe different from the Total Levy Budget. 2013/2014 TCSD B, C, D and R Page 4 of 17 2072/2073 IMI T 2073/2074 ri 7 Proposed 1 Total Proposed Charge NetChange Total Total Levy Charge per Total Levy Parcels Total Levy Per Levy Per Levy Total Levy Parcels Service Levels District Statistics Applied Levy Unit Units Charged Budget Unit U nit Units Charged Service Lead 6 (Residential Street Lighting) 9nge Family Residential Urits $632052 925.68 24,636.00 24,636 8632052 92588 000% 2403600 24,636 Condominium Units 68,731 $25.68 340.00 680 88,731 92588 000% 34000 680 Service Lew! 6 -Total $641384 24,976.00. 25,316 $641384 2407600 25,316 Service Letel C (Local Landscaping and Sopes) Zone#1 $37032 9116.00 327.00 327 837,932 9116.00 000% 327.00 327 Zone#2 42542 889.00 478.00 478 42542 889.00 000% 478.00 478 Zone#3 47,328 9116.00 408.00 408 47,328 9116.00 000% 408.00 408 Zone#4 6,394 846.00 139.00 139 6,39' $46.00 000% 139.00 139 Zone#5 39)325 9175.00 223.00 223 39)325 9175.00 000% 223.00 223 Zone#6 22050 $100.22 229.00 229 23,385 $102.12 120% 229.00 229 Zone#7 16732 889.00 188.00 188 16732 889.00 000% 188.00 188 Zone #8 137025 9175.00 783.00 783 137)325 9175.00 000% 783.00 783 Zone AG 5,106 846.00 111.00 111 5,106 $46.00 000% 111.00 111 Zone #10 9744 9116.00 8400 8' 9,7" $116.00 000% 84.00 84 Zone #11 2,450 9175.00 1400 1' 2,450 $175.00 000% 14.00 14 Zone #12 96,396 9116.00 831.00 831 96,396 9116.00 000% 831.00 831 Zone #13 34224 946.00 744.00 7" 3422' 846.00 000% 744.00 744 Zone #14 14774 989.00 166.00 166 1477' 889.00 000% 166.00 166 Zone #15 9000 9175.00 56.00 56 9000 $175.00 000% 56.00 56 Zone #16 37000 9175.00 216.00 216 37000 9175.00 000% 216.00 216 Zone #17 2,116 946.00 46.00 46 2,116 $46.00 000% 46.00 46 Zone #18 94010 970.00 1,343.00 1343 94010 970.00 000% 1,343.00 1,343 Zone #19 54,450 9225.00 242.00 242 54,450 9225.00 000% 242.00 242 Zone68O 177075 9175.00 1,017.00 1017 177075 9175.00 000% 1,017.00 1)317 Zone k21 228201 9129.00 1,769.00 1769 228201 8129.00 000% 1,769.00 1769 Zone 682 4,408 9116.00 38.00 38 4,408 $116.00 000% 38.00 38 Zone 833 8,400 920.00 420.00 420 8,400 $20.00 000% 420.00 420 Zone 684 162,100 9100.00 1,621.00 1621 162,100 9100.00 000% 1,621.00 1021 Zone 925 44000 9200.00 220.00 220 44000 9200.00 000% 220.00 220 Zone 526 2,160 9270.00 8.00 8 2,160 $270.00 000% 8.00 8 Zone 687 9,100 970.00 130.00 130 9,100 $70.00 000% 130.00 130 Zone 688 232074 9129.00 1,806.00 1806 23207' 9129.00 000% 1,806.00 1006 Zone 529 3577 $357.70 10.00 10 3045 $364.48 120% 10.00 10 Zone 931 N/' N/' 0.00 0 N/' N!' IV, 0.00 0 Zone 930 N/' N/' 0.00 0 N/' N!' IV, 0.00 0 Zone 932 N/' N/' 0.00 IV, N!' IV, 0.00 0 Sertice Letd C -Total 1 $1583093 13,667.00L 13,667 $1584,19fi1 1 1306700 13,66/1 Service Lerd 0 (Citywide Recycling and Refuse $6,482)3 5 $237.28. 27,318.3 L 27,318. $6531,1031 $23804�$L 2743700 27,43 Service Le\d 5 (Reeds) hate Leel #1 (R.1) 55532 $11526 4 ;i iri 55 5532 511526 CIA r 48.00 55 Sertice Leer R -Total $5532 Fi 48.00r 55 $5532 4800 551 (1) Beginning Fiscal Year 2007/2008 for Zones #29 and #31, and beginning Fiscal Year 2009/10 for Zones #6 and #32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. Beginning Fiscal Year 2010/2011, Zone #30 has elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2013/2014. (3) The project areas in Zones #31 and #32 for Service Level C are under construction. Maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD and will not be levied for Fiscal Year 2013/2014. Note: Due to rounding, the Total Levy Units (shown in this table) multiplied by the Charge Per Unit maybe different from the Total Levy Budget. 2013/2014 TCSD B, C, D and R Page 4 of 17 1 WWI LLDAN l Financial Services C. DISTRICT SERVICES AND CHARGES Service Level B, Residential Street Lighting — includes all developed single family residential parcels, condominium and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans), and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2013/2014. Service Level B Tracts 04153-00 20079-03 21340-04 22716-04 23100-05 23267-01 24182-02 28510-03 30264-13 04188-00 20130-00 21340-05 22761-00 23100-06 23267-02 24182-03 28526-00 30264-14 04457-00 20130-01 21340-06 22762-00 23100-07 23267-03 24182-04 28553-00 30264-15 06559-00 20130-02 21340-07 22786-00 23100-08 23267-04 24183-00 28553-01 30667-00 07401-00 20130-03 21430-01 22915-00 23101-01 23371-00 24183-01 28810-00 30667-01 07402-00 20130-04 21561-00 22915-01 23101-02 23371-01 24184-00 28980-00 30667-02 08369-00 20130-05 21672-01 22915-02 23101-03 23371-02 24184-01 29033-00 30667-03 08369-01 20130-06 21672-02 22915-03 23101-04 23371-03 24185-00 29036-00 30668-00 08369-02 20153-00 21672-03 22916-00 23101-05 23371-04 24185-01 29133-00 30668-01 11087-01 20154-00 21672-04 22916-01 23101-06 23371-05 24185-02 29203-00 30668-02 11087-02 20319-00 21673-00 22916-02 23125-00 23371-06 24186-00 29286-00 30669-00 12189-01 20643-00 21673-01 22916-03 23125-01 23371-07 24186-01 29734-00 30669-01 12189-02 20644-00 21673-02 22962-00 23125-02 23371-08 24186-02 29798-00 30669-02 12189-03 20703-01 21673-03 23063-01 23125-03 23371-09 24186-03 29798-01 31053-00 12189-04 20703-02 21674-00 23063-02 23126-00 23371-10 24187-00 29798-02 31053-01 12189-05 20703-03 21674-01 23063-03 23128-00 23371-11 24187-01 29798-03 31053-02 12189-06 20735-01 21674-02 23063-04 23142-00 23371-14 24187-02 29798-04 31053-03 12189-07 20735-02 21674-03 23063-05 23143-00 23483-00 24188-00 29798-05 31276-00 13060-01 20735-03 21675-00 23063-06 23143-01 24131-00 24188-01 29798-06 31344-00 13060-02 20735-04 21675-01 23063-07 23143-02 24131-01 24188-02 29798-07 32104-00 13060-03 20735-05 21675-02 23063-08 23143-03 24131-02 24188-03 29798-08 31898-00 13060-04 20735-06 21675-03 23064-00 23143-04 24131-03 24232-00 29798-09 32169-00 13060-05 20735-07 21675-04 23064-01 23143-06 24132-00 25004-00 29798-10 32170-00 13060-06 20735-08 21675-05 23064-02 23143-07 24132-01 25004-01 29928-00 32319-00 13060-07 20735-09 21675-06 23064-03 23143-08 24133-00 25892-00 29928-01 32436-00 13060-08 20848-00 21760-00 23065-00 23143-09 24133-01 26488-00 29928-02 32436-01 18518-00 20879-00 21765-00 23065-01 23143-10 24133-02 26828-00 29928-03 32437-00 18518-01 20879-01 22148-00 23065-03 23143-11 24133-03 26828-01 29929-00 32437-01 18518-02 20882-00 22203-00 23065-04 23173-00 24133-04 26828-02 29929-01 32437-02 18518-03 20882-01 22204-00 23065-05 23173-01 24133-05 27827-00 30088-00 32437-03 18583-00 20882-02 22208-00 23066-01 23173-02 24134-00 27827-01 30264-00 33124-00 19872-00 20882-03 22593-00 23066-02 23173-03 24134-01 27827-02 30264-01 33125-00 19872-01 20987-00 22593-01 23066-03 23173-04 24134-02 27827-03 30264-02 34698-00 19872-02 21067-00 22593-02 23066-04 23174-01 24134-03 28309-00 30264-03 OId Town 19872-03 21082-00 22627-00 23066-05 23174-02 24135-00 28480-00 30264-04 PM 24387 19872-04 21082-01 22627-01 23067-02 23174-03 24135-01 28482-00 30264-05 PM 26488 19872-05 21082-02 22715-00 23067-03 23174-04 24135-02 28482-01 30264-06 PM 27493 19939-00 21082-03 22715-01 23067-04 23174-05 24135-03 28482-02 30264-07 PM 28122 19939-01 21082-04 22715-02 23067-05 23174-06 24136-00 28482-03 30264-08 19939-02 21340-00 22716-00 23100-01 23177-00 24136-01 28503-00 30264-09 20079-00 21340-01 22716-01 23100-02 23209-00 24136-02 28510-00 30264-10 20079-01 21340-02 22716-02 23100-03 23220-00 24136-03 28510-01 30264-11 '0079-02 21340-03 22716-03 23100-04 23267-00 24182-01 28510-02 3026^ 1' 2013/2014 TCSD B, C, D and R Page 5 of 17 111 • • - ll •ii u 1 1 • • • - • 1 1 I jWI LLDAN l Financial Services Service Level C, Perimeter Landscaping — includes all developed single family and condominium residential parcels and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required within these tracts and subdivisions vary depending on operating costs. Thirty-two (32) Zones and their corresponding rates have been established within Service Level C. The current rate and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2013/2014. Service Level C Tracts 1I - Tract Name Saddlewood ll ..••• a :. 11 • . 11 EE 18518-00 18518-01 18518-02 18518-03 Tract Name Tract Numbers Winchester Creek 20130-00 20130-01 20130-02 20130-03 20130-04 20130-05 20130-06 21340-00 21340-01 21340-02 21340-03 21340-04 21340-05 21340-06 21340-07 Tract Name Tract Numbers 'a-a-ananma""a.m" The Vineyards 20879-00 20879-01 Tract Name Rancho Highlands Tract Numbers 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Zone #5 Maximum Rate: $175.00 Pro •osed Rate: $175.00 Tract Name Signet Series Tract Numbers 20882-00 20882-01 20882-02 20882-03 :rrs:x_ =csr- ••... -csr-stir• Tract Name Woodcrest Country Tract Numbers 21561-00 22208-00 Zone #7 Maximum Rate: $89.00 Pro •osed Rate: $89.00 Tract Name Ridgeview Tract Numbers 20735-07 20735-08 20735-09 20881-00 21764-00 2013/2014 TCSD B, C, D and R Page 6 of 17 WwI LWAN Financial Services Zone #8 Maximum Rate: 175.00 Pro •osed Rate: 175.00 Tract Name Village Grove Tract Numbers 21672-01 21672-02 21672-03 21672-04 21673-00 21637-01 21637-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 Zone #9 Maximum Rate: 46.00 Pro • osed Rate: 46.00 Tract Name Rancho Solana Tract Numbers 22593-00 22593-01 22593-02 Zone #10 Maximum Rate: $116.00 Pro •osed Rate: $116.00 Tract Name Martinique Tract Numbers 23128-00 l l . _ • • 1 *so_ -6Z Z. Tract Name Meadow View Tract Numbers 21675-00 •• ll_. . u- a-:. .--1-1 •-•-• --6 ` • .11 Tract Name Vintage Hills Tract Numbers 22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03 22716-04 22915-00 22915-01 22915-02 22915-03 22916-00 22916-01 22916-02 22916-03 •- ll. •• •• 4.11 ••• -• Tract Name Presley Development Tract Numbers 23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 Zone #14 Maximum Rate: $89.00 Pro •osed Rate: $89.00 Tract Name Morrison Homes Tract Numbers 22148-00 11 _ .. .. - 11 • a .. - • 11 Tract Name Barclay Estates Zone #16 Tract Name Tradewinds Tract Numbers 25004-01 Maximum Rate: $175.00 Pro •osed Rate: $175.00 Tract Numbers 23125-00 23125-01 23125-02 23125-03 Arrr.• ::. A ..iar.■_ssr. .. 1 • Tract Name Monte Vista Tract Numbers 28309-00 2013/2014 TCSD B, C, D and R Page 7 of 17 WwI LWAN Financial Services Zone #18 Maximum Rate: $70.00 Pro •osed Rate: $70.00 Tract Name Temeku Hills Tract Numbers 23371-00 23371-01 23371-02 23371-03 23771-04 23771-05 23371-06 23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 28482-00 28482-01 28482-02 28482-03 28526-00 29033-00 Zone #19 Maximum Rate: $225.00 Pro •osed Rate: $225.00 Tract Name Chantemar Tract Numbers 28510-00 28510-01 28510-02 28510-03 1 1 11 1 1 1 Zone #20 Maximum Rate: '175.00 Pro • osed Rate: '175.00 Tract Name Crowne Hill Tract Numbers 23143-00 23143-02 23413-03 23413-04 23413-01 23413-03 23413-04 23413-06 23413-07 23413-08 23413-09 23413-10 23413-11 • • : 11 ._ u u :. -- • 1 1 .. • - . Z • 1 1 Tract Name Vail Ranch Gated Community Vail Ranch Residential • • Tract Numbers 28832-00 23173-00 23173-01 23173-02 23174-03 23174-04 23174-05 ll._• a :. 23173-03 23173-04 23174-01 23174-02 23174-06 28480-00 . 11 • ••• -• . 11 Tract Name Sutton Place •• Tract Name Pheasant Run Tract Numbers 29286-00 Tract Numbers 19872 19872-01 19872-02 19872-03 19872-04 19872-05 Zone #24 Maximum Rate: $100.00 Pro •osed Rate: $100.00 Tract Name Harveston Harveston Ashville I Harveston Ashville II Harveston Condos Tract Numbers 29928 29928-01 29928-02 29928-03 29929 29929-01 30088 30667 30667-01 30667-02 30667-03 30668 30668-01 30668-02 30669 30669-01 30669-02 31053 31053-01 31053-02 31053-03 32436 32436-01 32437 32437-01 32437-02 32437-03 34698 31276 32104 32169 32170 :�':r-s-ar1. fit,GS7'1T77T::7 r No No •17:. . .. r No No Tract Name Serena Hills Tract Numbers 23209 1 - - • 1 1 1 1 1 • Tract Name Tract Numbers Traditions/Gallery Homes 29133 2013/2014 TCSD B, C, D and R Page 8 of 17 29798 29798-01 29798-02 29798-03 29798-03 29798-04 29798-05 29798-06 29798-07 29798-08 29798-09 30264 30264-01 30264-02 30264-03 30264-04 30264-05 30264-06 30264-07 30264-08 30264-09 30264-10 30264-11 30264-12 30264-13 30264-14 30264-15 31898 33125 32319 33124 WWILLDAN Financial Services Zone #27 Maximum Rate: '.70.00 Pro s osed Rate: .70. e Tract Name Avondale Tract Numbers 26828 26828-01 26828-02 Zone #28 Maximum Rate: 129.00 Pro s osed Rate: 129.00 i Tract Name Wolf Creek Tract Numbers Tract Name Gallery Portraits Tract Numbers 31344-00 a) Beginning Fiscal Year 2006/2007, the base rate for Zone 29 is $315.00. Each year thereafter, beginning Fiscal Year 2007/2008 for Zone 29, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2013/2014 the adjustment is 1.9%, the percentage increase in the CPI. •-• - -1 (1) (2) l l . • u- _ a—` ..--•—'-- • -1-1 •-•-•- -•` . - 1- 1I Tract Name Tract Numbers Valdemosa 25004 (1) The maximum rate for Zone #30 is $129.00, but will not be levied for fiscal year 201312014. (2) Beginning Fiscal Year 201012011, Zone #30 has elected to maintain its own perimeter landscaping under the existing Homeowner's Association ('HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2013/2014. • - { 1) (2 ) 11. 'u _u 1 1: • •••-• 1 Tract Name Roripaugh Ranch Tract Numbers TBD a) Beginning Fiscal Year 2006/2007, the base rate for Zone 31 is$26.00. Each year thereafter, beginning Fiscal Year 2007/2008 for Zone 31, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2013/2014 the adjustment is 1.9%, the percentage increase in the CPI. (2) The maximum rate for Zone #31 is $30.08, but will not be levied forfiscal year 2013/2014. The project area is currently under construction and maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD. • • 11 . • u - u r :: 1 1 • • •• -• ,1 11 Tract Name Vinyard View Tract Numbers 23103-2 a) Beginning Fiscal Year 2008/09, the base rate for Zone 32 is $640.00. Each year thereafter, beginning Fiscal Year 2009/2010 for Zone 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. For Fiscal Year 2013/2014 the adjustment is 1.9%, the percentage increase in the CPI. (2) The maximum rate for Zone #32 is $688.00, but will not be levied for fiscal year 201312014. The project area is currently under construction and maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD. 2013/2014 TCSD B, C, D and R Page 9 of 17 WWI LLDAN Fnancial Services Service Level D, Refuse/Recycling Collection — provides for the operation and administration of the refuse collection program including recycling services for all developed residential homes (or "household") within the District. The rate and charges for Fiscal Year 2013/2014 Service Level D is $238.04 per Household and will be applied to all parcels that have been identified as developed residential homes. Service Level R, Road Maintenance — provides funding for construction, improvement, service and maintenance of unpaved public streets and roads within specific areas of the District. The services provided may include, but are not limited to: renovation or restoration due to damage; flood and drainage control; repairs and re- grading; and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided. The costs associated with the services are spread among all parcels within various areas ("rate levels") of Service Level R in accordance with the Rate and Method of Apportionment for the service level. Service Level R currently has one (1) active rate level. The area for Rate Level R-2 has been fully paved and therefore an assessment is currently not required. Only the parcels within each of the two (2) boundary areas will be charged for the costs associated with servicing and maintaining the roads and streets in the area. • Rate Level R-1 —This rate level consists of fifty-five (55) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of: Kimberly Lane; Greenwood Lane; Liefer Road; Gatlin Road; and Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. The current maximum rates and charges R-1 are $115.26 per single family residential lot and $57.62 per vacant residential lot, and shall be applied at the maximum rates for developed and undeveloped residential parcels within R-1 for Fiscal Year 2013/2014. • Rate Level R-2 — This rate level consists of forty (40) assessable parcels that have direct access to Santiago Road. This area has been fully paved and no longer requires service under this District. !!L CHANGES TO THE DISTRICT Changes or modifications to the District structure, if any, could include, but are not limited to: changes or expansion in the existing improvements or in the types of services provided; addition of new services or Service Levels; restructuring of the current Service Levels; inclusion of parcels into the District or Service Levels; or revisions in the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. 2013/2014 TCSD B, C, D and R Page 10 of 17 WWI LLDAN l Financial Services A. NOTABLE MODIFICATIONS TO THE DISTRICT On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. • Community Services, Parks, and Recreation - that provided for the maintenance, service and operation of all public parks and recreation services within the City. • Service Level A, Arterial Street Lighting and Medians - that provided servicing, operation, and maintenance of traffic signals, street lighting and landscaped medians along arterial streets. Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced by the Special Tax and are no longer charged through the District. Service Level R • Rate Level R-2 - As of Fiscal Year 2008/2009 the streets have been fully paved and there is no longer any need to assess for unpaved road maintenance. B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 201312014 The most notable modification to the District for Fiscal Year 2013/2014 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in Service Level D when a new single family residential unit is identified and service is ordered. Service Level B There were no additional inclusions or modifications to Service Level B for Fiscal Year 2013/2014. 2013/2014 TCSD B, C, D and R Page 11 of 17 WWI LLDAN l Financial Services Service Level C There are no new inclusions to Service Level C (Perimeter Landscaping), proposed for the current fiscal year. Service Level D A total of 120 newly developed residential parcels have been identified and added to Service Level D (Refuse/Recycling) for Fiscal Year 2013/2014. These new residential parcels are identified each year and included in Service Level D based upon the waste hauler's updated service records. The rate for Fiscal Year 2013/2014 for Service Level D (Refuse Collection/Recycling) is $238.04 per residential parcel. For Fiscal Year 2012/2013, the rate and charge for this Service Level was $237.28. For more information, please refer to the section titled "District Budgets." The costs for the District represent actual service costs, as provided in the City's franchise agreement with CR&R. Service Level R There are no new inclusions to Service Level R (Road Maintenance), proposed for the current fiscal year. 2013/2014 TCSD B, C, D and R Page 12 of 17 WWI LLDAN l Financial Services IV. DISTRICT BUDGETS Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2014 Account Bud, et Items Number Level B Level C 193 Level D 194 Level R 195 ota District t'r 192 PersonnelServlces $17,762 $113503 $94209 $0 $225,474 Subtotal $17,762 $113,503 $94,209 $0 $225,474 Operations Maintenance Repair&Maintenance Facilities 5212 $0 $45,400 $0 $0 $451300 Office Supplies 5220 0 0 0 0 0 Printing 5222 0 0 0 0 0 Election Costs (OffsetbyDeveloperDeposits) 5225 0 0 0 0 0 Dues and Memberships 5226 0 0 5,410 0 5,410 Postage and Packaging 5230 0 0 0 0 0 Property TaxMministrativeFees 5231 13500 7500 151300 150 36,150 Utilities 5240 0 4531339 0 0 4531339 Small Tools and Equipment 5242 0 503 52 556 0 531359 Consulting Services 5248 0 0 0 0 0 Other Outside Services 5250 0 0 2595 0 2595 Public Notices 5256 31325 151300 0 181325 StaffTraining/Education 5261 0 0 500 0 500 Mleage 5262 0 0 250 0 250 Recognition Program 5265 0 0 0 0 0 Subtotal(5200s) $13,500 $510,267 $91,311 $150 $615,228 Operations Maintenance Waste Hauling 5315 $0 $0 $6,486,107 $0 $606,107 Street Lighting 5319 9871300 0 0 0 9871300 Subtotal (5300s) $987,600 $0 $6,486,107 $0 $7,473,707 EmergencyRoadMaintenance 5402 $0 $0 $0 $14382 $14382 Landscape Maintenance 5415 0 1 ,1051348 0 0 1 ,1051348 Landscape Rehabilitation 5416 0 133978 0 0 133978 Subtotal (5400s) $0 $1,239,026 $0 $14,382 $1,253,409 Recycling Programs $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 Subtotal (5300s,5400s, Recycling, Capital Outlay) $987,600 $1239,026 $6,486,107 $14,382 $8,727,116 TOTAL DIRECT DISTRICT COSTS $1,018,862 $1,862,796 $6,671,627 $14,532 $9,567,818 EXPENDITURES/REVENUES Contingency Reserve $0 $0 $0 $0 $0 Total Direct District Costs 11318562 r 1562796 F 61371 1327 14532 9567518 TOTALEXPENDITURES/REVENUES $1,018,862 $1,862,796 $6,671,627 $14,532 $9,567,818 CONTRIBUTIONS Contributions from Grants $0 $0 $26999 $0 $26999 Operation Income 0 0 0 0 0 Other Contributions 0 31300 61300 0 91300 Fund Balance Contributions' 377,478 2751300 F 107,416 91300 768894 TOTAL CONTRIBUTIONS $377,478 $278,600 $140,415 $9,000 $805,493 BALANCE TO LEVY BUDGETED 1 84 196 2013/2014 (1) Slight variances due to rounding TCSD B, C, D and R Page 13 of 17 jWI LLDAN l Financial Services V. METHOD OF APPORTIONMENT The cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting): The following is the formula used to calculate each property's Service Level B charges by the per parcel/unit (residential "lot/unit") method. Total Balance to Levy (Budgeted) /(Total Residential Lots + Assigned Condominium Units) = Parcel Charge Service Level C (Perimeter Landscaping and Slopes); and Service Level D (Refuse/Recycling): The following is the formula used to calculate each property's District charges by the per parcel (residential "lot") method. Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The Charge Per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy 1 Total Parcel PDU (in rate Level) = Parcel Charge 2013/2014 TCSD B, C, D and R Page 14 of 17 jWI LLDAN l Financial Services The following tables reflect the levy calculations for each Service Level. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B Pro•ert T se Charge per Parcel /Unit Parcel/Unit X Parcel/Unit = Chars e Multi s lier Single Family Residential Lot Vacant Residential Lot Assianed Condominium Units* 1.00 1.00 0.50 $25.68 $25.68 $25.68 $25.68 $25.68 $12.84 Per Parcel Per Parcel Per Parcel/Unit * Defined as Assigned Condominium Units in Service Level B for which the interior streetlights are privately maintained, however, the Assigned Condominium Units benefit from perimeter or collector street lighting funded by Service Level B. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C • •- •- 1 • • 1 - Residential Lot Zone #1 Residential Lot Zone #2 Residential Lot Zone #3 Residential Lot Zone #4 Residential Lot Zone #5 Residential Lot Zone #60) Residential Lot Zone #7 Residential Lot Zone #8 Residential Lot Zone #9 Residential Lot Zone #10 Residential Lot Zone #11 Residential Lot Zone #12 Residential Lot Zone #13 Residential Lot Zone #14 Residential Lot Zone #15 Residential Lot Zone #16 Residential Lot Zone #17 Residential Lot Zone #18 Residential Lot Zone #19 Residential Lot Zone #20 Residential Lot Zone #21 Residential Lot Zone #22 Residential Lot Zone #23 Residential Lot Zone #24 Residential Lot Zone #25 Residential Lot Zone #26 Residential Lot Zone #27 Residential Lot Zone #28 Residential Lot Zone #290 Residential Lot Zone #30(2) Residential Lot Zone #310)(3) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 ti Charge Parcel �- - = $116.00 $89.00 $116.00 $46.00 $175.00 $102.12 $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 $46.00 $89.00 $175.00 $175.00 $46.00 $70.00 $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 $200.00 $270.00 $70.00 $129.00 $364.48 $129.00 $30.08 =RR flrl $116.00 $89.00 $116.00 $46.00 $175.00 $102.12 $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 $46.00 $89.00 $175.00 $175.00 $46.00 $70.00 $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 $200.00 $270.00 $70.00 $129.00 $364.48 $129.00 $30.08 ctRQQ nn l l s Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Parcel Per Unit Per Parcel Per Parcel Per Parcel Residential Lot Zone #320„ (3) 1.00 Per Parcel (1) Beginning Fiscal Year 2007/2008 for Zones #29 and #31, and beginning Fiscal Year 2009/10 for Zones #6 and #32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles -Riverside -Orange County Area, for the previous calendar year or 5%. (2) Beginning Fiscal Year 2010/2011, Zone #30 has elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result the Zone will not be levied under Service Level C for Fiscal Year 2013/2014. 2013/2014 TCSD B, C, D and R Page 15 of 17 WWILLDAN Financial services (') The project areas in Zones #31 and #32 for Service Level C are under construction. Maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD and will not be levied for Fiscal Year 2013/2014. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL D Prose T •e* Charge per Parcel P. rcel/Unit X P. rcel = Ch. r. - u ' • Single Family Residential Lot 1.00 $238.04 $238.04 Per Parcel * Developed residential parcel identified by CR&R for which refuse collections are available. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL R ••-s .•• •• • Charge Parcel •- •' _ •. •- ll • Single Family Residential Lot R-1 Vacant Residential Lot R-1 1.00 0.50 $115.26 $115.26 $115.26 Per Parcel $57.64 Per Parcel 2013/2014 TCSD B, C, D and R Page 16 of 17 WWI LLDAN l Financial Services Appendix A — 201312014 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's map for the year in which this report is prepared. A listing of parcels within this District, along with the charges, has been submitted to the City Clerk and, by reference, is made part of this report. 2013/2014 TCSD B, C, D and R Page 17 of 17 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Item No. 26 ACTION MINUTES of February 26, 2013 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 8:05 P.M. CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, Roberts, Washington, Naggar SARDA PUBLIC COMMENTS • Ernie White SARDA CONSENT CALENDAR 17 Action Minutes - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve the action minutes of February 12, 2013. 18 Recognized Obligation Payment Schedules for the period of July 1, 2013 through December 31, 2013 (ROPS13-14A) - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2013 THROUGH DECEMBER 31, 2013 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA Action Minutes 022613 1 SARDA ADJOURNMENT At 8:08 P.M., the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 12, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] SARDA Action Minutes 022613 2 SARDA Action Minutes 022613 3 Item No. 27 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: June 11, 2013 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2013 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Receive and file the Financial Statements for the Nine Months Ended March 31, 2013. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the Nine months ended March 31, 2013. Please see the attached Financial Statements for analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Statement of Fiduciary Net Assets as of March 31, 2013 2. Statement of Changes in Fiduciary Net Assets -for the Nine Months Ended March 31, 2013 SARDA STATEMENT OF FIDUCIARY NET ASSETS As of March 31, 2013 Successor Agency to the Former RDA ASSETS: Cash and Investments $ 19,552,478 Receivables 223,521 Bond Deferred Charges and Discount 1,309,676 Land Held for Resale 98,484 Land 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 33,047,321 TOTAL ASSETS $ 58,050,588 LIABILITIES: Accounts Payable Advances from City-SERAF Accrued Interest Payable Bonds Payable and Discount TOTAL LIABILITIES NET ASSETS: TOTAL NET ASSETS Note: Balances are unaudited 1 $ 20,000 5,250,954 953,998 88,039,932 94,264,884 (36,214,296) SARDA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS for the Nine Months Ended March 31, 2013 Successor Agency to the Former RDA ADDITIONS: Investment Earnings $ 17,310 Reimbursement 344,372 Property Tax Distribution 3,188,701 TOTAL ADDITIONS 3,550,383 DEDUCTIONS: Abbott 0 P 159,716 Affordable Housing Obligations 305,000 CSUSM Tenant Improvement 136,960 Debt Service - Interest 3,831,889 Depreciation 911,995 Operations 33,866 Contribution to City Housing Fund 125,000 TOTAL DEDUCTIONS 5,504,426 Change in Net Assets Net Assets as of July 1, 2012 Net Assets as of March 31, 2013 2 (1,954,043) (34,260,253) $ (36,214,296) SUCCESSOR AGENCY BUSINESS Item No. 28 Approvals City Attorney Finance Director City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Adoption of the Fiscal Year 2013-14 SARDA Annual Operating Budget PREPARED BY: Jennifer Hennessy, Finance Director Heidi Schrader, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS BACKGROUND: In June 2011, the Governor of California signed ABx1 26, which dissolved redevelopment agencies, including the Temecula Redevelopment Agency, effective February 1, 2012 and provided for the designation of successor agencies to oversee the completion of previously obligated redevelopment activities. As a result, all assets of the redevelopment agency were transferred to the Successor Agency of the Redevelopment Agency (SARDA) on February 1, 2012 and the City Council began serving as the successor agency. SARDA Revenues: Revenue includes an allocation of Property Tax equal to the outstanding obligations related to bonds and Owner Participation Agreements (OPAs) which total approximately $7,915,947 for the year. SARDA Expenditures: Expenditures have been reduced to administering previously obligated redevelopment projects and debt service principal and interest payments on RDA bonds. Affordable Housing debt service costs are now included in this fund as well. FISCAL IMPACT: The proposed SARDA operating budget reflects a spending plan that is balanced within projected revenues, and will be used to wrap up Redevelopment Agency obligations. ATTACHMENTS: 1. Resolution No. SARDA 13- 2. Fiscal Year 2013-14 Proposed Annual Operating Budget - SARDA RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the fiscal year 2013-14 SARDA operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. C. The Agency Board must authorize transfers (appropriations) of funds from the Undesignated Fund Balance and transfers between departmental budget accounts. D. The Agency Board must authorize any increase in regular personnel positions above the level indicated in the final budget. The Executive Director may authorize the hiring of temporary or part-time staff as necessary within the limits imposed by the controls listed above. E. The Executive Director may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Agency Board action. F. The Executive Director may authorize Public Works contracts in amounts up to $30,000. Any expenditure of Public Works funds in excess of $30,000 require Agency Member action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Board in amounts up to the project contingency established by the Agency Board. G. Pursuant to Section 3.28.130 of the Municipal Code, the Executive Director may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require Agency Board action, except that the Executive Director may approve change orders on purchases of supplies and equipment approved by the Agency Board in amounts up to the contingency established by Agency Board. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. I. Appropriations and Revenue Estimates for grant funded programs for Fiscal Year 2012-13 which have not been expended or encumbered, are hereby carried over for the applicable grant program to the Fiscal Year 2013-14. Section 3. The Finance Director is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. Section 4. Outstanding encumbrances shown on the Agency books at June 30, 2013, are hereby appropriated for such contracts or obligations for Fiscal Year 2013-14. Section 5. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the Agency; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Accounting and Purchasing Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Finance Director. Section 6. The Agency Secretary shall certify adoption of the resolution PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 11th day of June, 2013. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 13- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Successor Agency to the Temecula Redevelopment Agency (SARDA) Debt Service Fund 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 4,160,897 8,849,518 7,915,947 (933,571) -10.5% Total Expenditures 6,314,231 8,849,518 7,915,947 (933,571) -10.5% Excess of Revenues Over (Under) E>penditures (2,153,334) - - 0.0% Extraordinary Loss (32,100,918) Excess of Revenues Over (Under) Expenditures and Extraordinary Loss 0.0% (34,254,252) - - 0.0% Net Assets, Beg. of Year"" (34,254,252) (34,254,252) Net Assets, End of Year (34,254,252) (34,254,252) (34,254,252) 187 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Successor Agency to the Temecula Redevelopment Agency (SARDA) Debt Service Fund Projected % Actual Budgeted Projected Increase Increase 2011-12 2012-13 2013-14 (Decrease) (Decrease) Taxes and Franchises Redevelopment Property Tax Fund Dist. $ 3,920,383 $ 8,849,518 $ 7,915,947 $ (933,571) -10.55% Use of Money and Property Investment Interest 21,834 0.00% Reimbursements 218,680 - 0.00% Total Revenues and Other Sources $ 4,160,897 $ 8,849,518 $ 7,915,947 $ (933,571) -10.55% 188 Item No. 29 SUCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Adoption of the Fiscal Years 2014-2018 Capital Improvement Program Budget for the Successor Agency to the Temecula Redevelopment Agency PREPARED BY: Jennifer Hennessy, Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 BACKGROUND: The CIP is the City of Temecula's plan for providing public improvements which exceed $30,000 in cost, have long-term life spans, and are non-recurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. A component of the City's plan includes the integration of the budget with the Quality of Life Master Plan (QLMP). All projects presented in the CIP are carefully programmed considering the City's QMLP to ensure the community's capital improvement needs are met both now and in the future. The framework for the CIP is further defined in the City's CIP fiscal policy to provide a structure within which fiscal decisions can be made and to optimize all available resources toward the accomplishment of the City's Core Values as defined in the QLMP. CIP Development: The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads and streets, bridges, public buildings, parks and recreation facilities, and housing projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long-term vision of the City as developed by the City Council. At the Public and Traffic Safety Commission meeting on May 23, 2013, the Circulation portions of the document were reviewed and the proposed projects were approved. The Community Services Commission, at their June 10, 2013 meeting, reviewed the Parks and Recreation portion of the document and approved the proposed projects. Also on June 5, 2013, the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. On May 22, 2013, the City Council held a workshop to review and discuss the proposed CIP. At this workshop, an overview of the Capital Improvement Program Budget was presented to the City Council. City Council Members and staff discussed, in detail, several projects within the CIP. SARDA / HOUSING PROJECTS There is one (1) SARDA/Housing project with estimated costs totaling approximately $12,600,000. The project is of significant interest and aligns with the City's Core Value of Economic Prosperity • Affordable Housing Total funding for Affordable Housing projects in the coming fiscal year is $12,625,551 which is being carried over from the current Fiscal Year and is fully funded with 2010 and 2011 Housing Tax Allocation Bonds (TABS) and Community Development Block Grant (CDBG). Only $1.2 Million of the 2010 TABS is currently available to fund this project. The remaining 2011 TABs funding is subject to State Approval. There is pending legislation that would allow the Successor Agency to spend these funds. FISCAL IMPACT: The adoption of the Fiscal Year 2014-18 Five -Year Capital Improvement Program establishes the project appropriations for fiscal year 2013-14 in an amount of $12,625,551. ATTACHMENTS: 1. Resolution No. SARDA 13- 2. Proposed Capital Improvement Program Budget Fiscal Years 2014-2018 RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated there under (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as an Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On June 5, 2013, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby finds and declares that the requirements of Government Code Section 65402(a) shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisition, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. Section 4. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby finds that the acquisition of land necessary for the City of Temecula Capital Improvement Program Fiscal Years 2014-18 is consistent with the General Plan. Section 5. That a certain document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program Fiscal Years 2014- 18" include herein appropriations for Fiscal Years 2013-14, is hereby adopted. The CIP appropriations for the Fiscal Year 2012-13 which have not been completed, encumbered, nor included in the Fiscal Years 2014-18 CIP, are hereby carried over for each applicable project to the Fiscal Year 2013-14. Section 6. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires Board of Directors action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $30,000, if sufficient appropriated funds are available. D. The City Manager may authorize transfers up to $30,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 7.B. above, pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 7. Certification: The Secretary shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 11th day of June, 2013. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 13- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Capital Improvement Program Fiscal Year 2014-18 SARDA / HOUSING Table of Contents Affordable Housing 155 153 AFFORDABLE HOUSING Successor Agency to the Temecula Redevelopment Agency (SARDA) / Housing Project Location Aerial Data - March 2010 Feet 0 250 500 1,000 154 2014-15 $ 10,506 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 AFFORDABLE HOUSING Successor Agency to the Temecula Redevelopment Agency (SARDA) / Housing Project Project Description: This project involves working with development partners to develop affordable housing projects in Old Town and the Pujol neighborhood which meet the State Planning and Redevelopment mandates. Benefit / Core Value: This project provides housing for all income types, encourages mixed-use infill development along major transportation corridors, and works towards the appropriate jobs and housing balance. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Economic Prosperity. Project Status: SARDA continues to pursue quality affordable housing development partners for the construction and management of affordable housing developments within the City. Three funding agreements are anticipated to be entered into for the development of affordable housing during fiscal year 2012-13. Department: SARDA—Account No. 166.800.815 Level: I Project Cost: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Apprpriation 2014-15 Projected 2015-16 Projected 2016-17 Projected 2017-18 Total Project Projected Cost Acquisition $ 1,859,667 $ 6,537,954 $ 3,397,621 Construction $ 6,842,789 $ 6,037,597 $12,930,336 Totals $ 8,702,456 $12,625,551 $ - $ - $ - $ - $ - $21,323,007 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted 2014-15 2015-16 Appropriation Projected Projected 2016-17 Projected Future Years Total Project Cost CDBG SARDA Housing $ 150,000 $ 150,000 Tax Increment $ 2,342,790 $ 2,842,790 SARDA Housing (2010 TABS) $ 4,000,000 $ 1,206,427 $ 5,206,427 SARDA Housing (2011 TABS) $ 1,859,666 $11,269,124 $13,123,790 Total Funding: $ 8,702,456 $12,625,551 $ - $ - $ - $ - $ - $21,326,007 Future Operation & Maintenance Costs: 2013-14 $ 10,300 '155 2015-16 $ 10,716 2016-17 $ 10,930 2017-18 $ 11,149 156 COUNCIL BUSINESS Item No. 30 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Adoption of the Fiscal Year 2013-14 Annual Operating Budget PREPARED BY: Jennifer Hennessy, Finance Director Heidi Schrader, Senior Management Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 2. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 3. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2013-14 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY 4. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER BACKGROUND: Attached for your review is the Proposed Fiscal Year 2013-14 Annual Operating Budget. The budget includes revenue projections and expenditure requests for the General Fund, Gas Tax Fund, Recovery Act Justice Assistance Grant Fund, Energy Efficiency Conservation Block Grant Fund, Business Incubator Resource Fund, Community Development Block Grant Fund, AB 2766 Motor Vehicle Subvention Fund, Supplemental Law Enforcement Services Fund, Larry Robinson Reward Fund, Affordable Housing Fund, Measure A Fund, Debt Service — 2008 Civic Center Certificates of Participation Fund, 2011 Financing Lease Fund, and Internal Services Funds. On May 22, 2013, the City Council held a workshop to review and discuss the proposed operating budgets. At that time, the City Council reviewed the preliminary line item budgets and made no recommended changes. Current Condition/State of California May Revision Budget California appears to be slowly recovering from the economic recession. According to the California Association of Economic Development, California rates number six nationwide in job growth increase. This equals 2.1% growth between March 2012 and March 2013. Riverside/San Bernardino/Ontario area ranks in the top half of counties in terms of job growth in California at 2.1% growth. Arts, Entertainment and Recreation are the largest California industry sector with a growth of 9.6%, compared to 1.5% nationwide. On Tuesday, May 14, 2013, the Governor presented his May Budget Revision to the proposed budget released in January of this year. The May Revision proposes a multiyear plan that is balanced, maintains $1.1 billion reserve, and pays down budgetary debt. It proposes an affordable and sustainable path for a state -based expansion of health care coverage and a commensurate shift in some responsibilities to counties. It preserves the state's safety net and encourages job growth. With the passage of Proposition 30, the 2012-13 and 2013-14 budgets will reinvest in education funding. For K-12 schools, funding levels will increase by $2,754 per student through 2016-17. Funding for higher education will increase by between $1,503 and $2,491 per student through 2016-17. The pace of the economic and revenue recovery, however, is still uncertain. The national economic outlook has dimmed since the Governor's budget. Actions taken by the federal government to address its own fiscal challenges could further strain the state budget — such as shifting program costs from the federal government to states or reducing overall federal spending in California. Current Condition — General Fund Despite current economic conditions, the City of Temecula remains in a healthy financial condition, able to meet operating expenditures without any reductions in City public service levels and without dipping into reserves. Recent population information for 2012 released by the Census Bureau and incorporated into the population data released by the California Department of Finance, estimates Temecula population as of January 1, 2013, as 104,879. This is an increase from the prior year population estimate of 103,092. Based upon the Finance Department's revised estimate of revenues and expenditures for the current Fiscal Year , it appears that most revenue estimates will be met or exceeded, and that actual expenditures will be less than the budgeted appropriation amounts. General Fund Revenues The projected General Fund revenues are $60.3 million for Fiscal Year 2013-14, which reflects a $1,199,947, or 2.0%, increase from Fiscal Year 2012-13 revenue estimates. General Fund revenues have increased primarily as a result of anticipated increases in sales tax as a result of the opening of two new car dealerships and an increase Property Taxes due to continued economic recovery. In addition, the City will be receiving a reimbursement over the next two fiscal years from the County of Riverside for the overpayment of three years of property tax administration fees. The most significant revenue increases are identified below: • $202,807 in Property Tax revenues • $81,738 in Franchise Fees • $948,103 in Sales Tax • $149,776 in Motor Vehicle in Lieu Triple Flip • $232,837 in Reimbursements The increases were offset by revenue reductions in other categories primarily due to grant programs which expected to be completed in Fiscal Year 12-13, by the State reducing certain revenues to local governments, by a one-time use of fund balance in Fiscal Year 2012-13, by the maturation of higher interest bearing investments that had been reinvested at lower, market interest rates, as well as a reduction in staff recovery costs for financing district administration. Some of the significant decreases are identified below: • $114,513 in Planning and Police grant programs • $53,840 in Motor Vehicle in Lieu • $65,000 in Investment Interest • $158,206 Operating Transfer In — Gas Tax • $65,775 Operating Transfer In — Law Enforcement Fund • $79,000 Financing Reimbursement General Fund Expenditures The Proposed Budget of $60.1 million reflects an increase in General Fund expenditures of $1,301,582, or 2.2%, from the Fiscal Year 2012-13 budget. The primary increases contributing to this include: 1) additional Police costs to maintain the police officer ratio of one officer per thousand residents as well as an anticipated 3% rate increase; 2) additional Fire costs to maintain four firefighters per engine; 3) approximately $282,600 for a full year of $150 a month per employee increase to the cafeteria benefit for all full time benefitted employees. The authorized Full Time Equivalent (FTE) positions are proposed to increase from the prior year total of 157 authorized to 160 authorized positions. Two project positions are proposed to be eliminated and/or replaced by new positions. These new positions include: Department Proposed Position Position Eliminated Human Resources Office Specialist (Confidential) New Community Services Senior Recreation Coordinator — Project Inclusion Specialist Human Services Community Services Museum Services Manager Project Museum Manager In addition, there are three (3) proposed position modifications which include: Department Proposed Position Human Resources Public Works Information Technology Office Specialist (Confidential) Senior Management Analyst IT Administrator Current Position Human Resources Analyst Management Analyst GIS Analyst The City has continued to focus on reorganizing department structures in an effort to streamline processes and enhance efficiencies without reducing essential public services to the community. This has resulted in consolidating the Strategic Budgeting and Operations Department, which is responsible for the preparation of the budget, with the Finance Department. In addition, Support Services is now a part of Information Technology, with their budget allocated as part of the Central Services Internal Services Fund. The following is a summary of significant items by department in the proposed Preliminary Annual Operating Budget for Fiscal Year 2012-13: City Council: Increased $30,000 for a Citizen Opinion Survey. Community Support: Increased Community Support funding by $10,000. City Manager: Salary savings due to reorganization of personnel. Economic Development: Increased sponsorship costs by budgeting $30,000 in support of the Balloon and Wine Festival. City Clerk: Decrease in records storage costs and reduction due to election costs in prior year. City Attorney: Decrease due to the completion of litigation in Fiscal Year 2012-13. Finance: Consolidated Strategic Budgeting and Operations department with the Finance Department. Moved the Fiscal Services Manager position to the Human Resources Department in order to manage Risk and Emergency Operations. Budgeted the personnel costs for that position in the Insurance Internal Services Fund due to work product benefitting all City departments. Human Resources: Slight increase due to a personnel reorganization, which includes associated Fiscal Services Manager expenditures as a result of moving the position from Finance to Human Resources in order to manage Risk and Emergency Operations. Planning: Increase due to the reallocation of staff costs from Affordable Housing and Service Level D to reflect the actual functional allocation. Building and Safety: Decrease due to moving Park Rangers to Community Services District. Public Works: Decrease due to reduction in NPDES compliance costs. Police: Increase based on an anticipated 3% rate increase. Fire: Increase based on anticipated contract cost increases. Non -Departmental: 1) The Community Services funding contribution (formerly called R.E.S.T.) is proposed to increase by $986,145 due to costs being offset in Fiscal Year 2012-13 with TCSD Fund Balance; 2) there is a one-time reimbursement for fees paid as part of the Mercedes Benz dealership construction project in the amount of $231,008. Operating Transfers Out: Debt Service for the 2011 Financing Lease has been moved "above the line" and included as part of the total operating expenditure budget in order to ensure that the City meets all operational obligations prior to utilizing fund balance for capital projects. There will be a transfer to pay Debt Service of $2,138,272 for the 2011 Financing Lease, which consolidated the 2001 and 2008 Certificates of Participation. There is an anticipated transfer of $1,529,270 from the General Fund to pay for Capital Improvement Projects and a contribution of $1,919,842 from the General Fund to pay for a portion of the pavement management projects throughout the City. The City and Parks Facility Rehabilitation is programmed for $750,000. $2,084,175 is anticipated for the Theater remediation, which is funded by a litigation settlement received in a prior Fiscal Year . $25,409 in anticipated energy savings is being transferred to a new fund which is being set up to offset energy efficiency projects. $12,000 is being transferred to the Intern Fellowship program to fund internships throughout City Hall. "Gann" Appropriations Limit In accordance with Government Section 7910, the City Council is required, on an annual basis, to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit creates a restriction on the amount of revenue that can be appropriated in any Fiscal Year . The Limit is adjusted each year based on the change in population and the change in California per capita income. Using population and per capita personal income data provided by the State Department of Finance, the City's Appropriations Limit for Fiscal Year 2013-14 has been computed to be $215,974,875. Appropriations subject to the Limit in the proposed Fiscal Year 2013-14 budget total $41,088,116, which is $174,886,759 less than the computed limit. Additional appropriations to the budget are funded by non -tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the Appropriations Limit, however, any supplemental appropriations funded through increased tax sources could not exceed the $174,886,759 variance indicated above. Further, any overall actual receipts from tax sources greater than $174,886,759 from the budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years, or voter approval to increase the City's Appropriations Limit. FISCAL IMPACT: The proposed Fiscal Year 2013-14 annual operating budget provides for an excess of operating revenues over operating expenditures of $213,524 before the operating transfers for capital projects and one time payments. The designation for economic uncertainty is $12,024,917, an amount equal to 20% of General Fund Operating Appropriations for Fiscal Year 2013-14. The combination of this designation, as well as an additional $7,949,344 in Reservations and Designations, equal a total fund balance of $19.97 Million. ATTACHMENTS: 1. Resolution No. 13- 2. Resolution No. 13- 3. Resolution No. 13- 4. Resolution No. 13- 5. Proposed Annual Operating Budget Fiscal Year 2013-14 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Annual Operating Budget Fiscal Year 2013-14" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The City Council must authorize any changes to the Schedule of Authorized Positions. E. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. F. Pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditure of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to the project contingency established by Council. G. Pursuant to Section 3.28.130 of the Municipal Code, the City Manager may authorize purchases of supplies and equipment in amounts up to $30,000. Any purchases of supplies and equipment in excess of $30,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require City Council action, except that the City Manager may approve change orders on purchases of supplies and equipment approved by the Council in amounts up to the contingency established by Council. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $30,000 or Tess, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. I. Appropriations and Revenue estimates for grant funded programs for Fiscal Year 2012-13 which have not been expended, encumbered or received, are hereby carried over for the applicable grant program to the Fiscal Year 2013-14. Section 3. The Finance Director, in consultation with the City Manager, is delegated the authority to determine and define the amounts of those components of fund balance that are classified as "Assigned Fund Balance". Section 4. The Finance Director is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. Section 5. Outstanding encumbrances shown on the City books at June 30, 2013, are hereby appropriated for such contracts or obligations for Fiscal Year 2013-14. Section 6. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the City; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the City Council of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Director of Finance. Section 7. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Schedule of Authorized Positions, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective July 1, 2013, and may be, thereafter, amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk City of Temecula FY 13/14 SCHEDULE OF AUTHORIZED POSITIONS CITY COUNCIL Councilmember FY 13/14 Exempt/ Non - Minimum Maximum Exempt 5.0 I 860 E City Council Subtotal; 5,0 CITY MANAGER Advisor to City Manager City Manager Assistant City Manager Executive Assistant Senior Management Analyst 1.0 1.0 1.0 1.0 1.0 24,298 E 17,917 E 11,490 16,179 E 4,735 6,668 E 6,330 8,915 E City Manager Subtotal; 5,0 ECONOMIC DEVELOPMENT Economic Development Analyst I Administrative Assistant (Confidential) 3.0 5,388 7,588 E 1.0 3,584 4,587 NE Economic Development Subtotal: 4,0 CITY CLERK Administrative Assistant (Confidential) City Clerk Office Specialist Records Manager City Clerk Subtotal; 1.0 1.0 3.0 1.0 6,0 3,584 4,587 NE 8,494 11,959 E 2,703 3,460 NE 4,682 6,634 E HUMAN RESOURCES Office Specialist (Confidential) Senior Human Resources Analyst Fiscal Services Manager Human Resources Subtotal; 2.0 1.0 1.0 4,0 2,703 3,805 NE 5,731 8,072 E 7,072 9,958 E FINANCE Finance Director Administrative Assistant Revenue Manager Senior Management Analyst Accountant (Confidential) Accounting Assistant Accounting Manager Accounting Specialist Accounting Specialist- Payroll (Confidential) Business License Spec/Cashier Purchasing Coordinator II Senior Debt Analyst 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 10,143 14,281 E 3,584 4,587 NE 6,330 8,915 E 6,330 8,915 E 4,613 6,496 NE 2,983 3,818 NE 6,330 8,915 E 3,451 4,415 NE 3,451 4,856 NE 3,084 3,948 NE 3,790 4,882 NE 6,330 8,915 E Finance Subtotal; 13.0 INFORMATION TECHNOLOGY Administrative Assistant Deputy Director Information Technology Information Technology Administrator IT Specialist Senior IT Specialist Central Services Deputy Director Support Services Office Specialist- AM Office Specialist- PM Central Services Coordinator Central Services Supervisor Information Technology Subtotal; 1.0 1.0 2.0 1.0 4.0 1.0 0.5 0.5 1.0 1.0 13.0 3,584 4,587 NE 6,837 9,627 E 5,854 8,240 E 4,794 6,137 NE 5,258 6,729 NE 6,531 9,198 E 2,703 3,459 NE 2,703 3,459 NE 3,075 3,935 NE 3,602 4,640 NE 1 of 3 City of Temecula FY 13/14 SCHEDULE OF AUTHORIZED POSITIONS COMMUNITY DEVELOPMENT Administrative Assistant Community Development Director Senior Management Analyst SARDA/CDBG Associate Planner Senior Planner Planning Assistant Planner Associate Planner Community Development Tech Development Proc. Coordinator Senior Planner Building and Safety/Code Enforcement Building Inspector II Building Official Code Enforcement Officer Code Enforcement Officer II Office Specialist FY 13114 1.0 1.0 1.0 1.0 1.0 1.0 3.0 3.0 1.0 1.0 4.0 1.0 2.0 1.0 2.0 Minimum Exe m ptl N on - Maximum Exempt 3,584 4,587 NE 10,143 14,281 E 6,330 8,915 E 5,259 6,730 NE 6,642 9,352 E 4,637 5,937 NE 5,259 6,730 NE 3,735 4,783 NE 4,765 6,099 NE 6,642 9,352 E 4,518 5,783 NE 8,089 11,462 E 4,329 5,542 NE 4,763 6,097 NE 2,703 3,460 NE Community Development Subtotal: 24.0 PUBLIC WORKS Administrative Assistant Maintenance Manager Public Works Director Land Development Associate Engineer Junior Engineer Office Specialist Senior Engineer Senior Public Works Inspector Special Projects Engineer Street Maintenance Lead Maintenance Worker Maintenance Superintendent- PW Maintenance Worker Traffic Engineering Assistant Engineer Assistant Signal Technician Associate Engineer Senior Signal Technician Parks Maintenance Office Specialist Landscape Inspector Lead Maintenance Worker Maintenance Worker Park/Landscape Maintenance Supervisor Senior Landscape Inspector Facility Maintenance Custodian Facility Services Manager Lead Maintenance Worker Maintenance Superintendent- PW Maintenance Worker 1.0 1.0 1.0 3.0 1.0 1.0 1.0 1.0 1.0 4.0 1.0 5.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 1.0 1.0 3.0 1.0 2.0 1.0 2.0 2 of 3 3,584 4,587 NE 6,501 9,921 E 10,553 14,858 E 6,095 7,802 E 4,029 5,157 NE 2,703 3,460 NE 7,187 10,120 E 5,237 6,729 NE 6,095 7,802 E 3,756 4,806 NE 6,460 9,095 E 3,190 4,084 NE 5,183 6,637 NE 3,756 4,806 NE 6,095 7,802 E 5,258 6,729 NE 2,703 3,460 NE 3,806 4,870 NE 3,756 4,806 NE 3,190 4,084 NE 5,258 7,403 E 4,374 5,599 NE 2,683 3,434 NE 4,565 5,846 NE 3,756 4,806 NE 6,460 9,095 E 3,190 4,084 NE City of Temecula FY 13/14 SCHEDULE OF AUTHORIZED POSITIONS CIF) Administration Assistant Engineer Associate Engineer Construction Manager Senior Management Analyst Office Specialist Principal Engineer Public Works Inspector Senior CIP Specialist Senior Engineer Senior Office Specialist Senior Public Works Inspector FY 13114 1.0 3.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 2.0 Minimum Exempt! N on - Maximum Exempt 5,183 6,637 NE 6,095 7,802 E 6,203 8,210 E 6,330 8,915 E 2,703 3,460 NE 8,186 11,526 E 4,555 5,831 NE 4,527 5,795 NE 7,187 10,120 E 3,084 3,948 NE 5,238 6,705 NE Public Works Subtotal: 57A9 FIRE Administrative Assistant Building Inspector II Senior Office Specialist Fire Subtotal; 1.0 1.0 1.0 3,0 3,584 4,587 NE 4,518 5,783 NE 3,084 3,948 NE COMMUNITY SERVICES Administrative Assistant Aquatics Supervisor Community Services Director Museum Services Manager Office Specialist Office Specialist - YMCA Park Ranger Patron Services Coordinator Recreation Coordinator Recreation Superintendent Recreation Supervisor Recreation Supervisor- YMCA Senior Management Analyst Senior Recreation Coordinator Theater Manager Theater Technical Coordinator Theater Technical Supervisor 1.0 1.0 1.0 1.0 2.0 1.0 2.0 1.0 1.0 1.0 5.0 1.0 2.0 3.0 1.0 1.0 1.0 3,584 4,441 10,143 4,565 2,703 2,703 3,849 3,806 3,806 6,817 4,441 4,441 6,330 3,990 5,506 3,806 3,990 4,587 5,685 14,281 5,846 3,460 3,460 4,927 4,870 4,870 9,601 5,685 5,685 8,915 5,106 7,753 4,870 5,106 NE NE E NE NE NE NE NE NE E NE NE E NE E NE NE This Schedule of Authorized Positions assumes maximum compensation allowed for all exempt and non-exempt positions. 3 of 3 Community Services Subtotal: 26.0 Totals: City Council 5.0 City Manager 5.0 Economic Development 4.0 City Clerk 6.0 Human Resources 4.0 Finance 13.0 Information Technology 13.0 Community Development 24.0 Public Works 57.0 Fire 3.0 Community Services 26.0 Tota! of Authorized Positions: 160.0 This Schedule of Authorized Positions assumes maximum compensation allowed for all exempt and non-exempt positions. 3 of 3 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2013-14 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Appropriations Limit will be calculated based on the changes in City population and California per capita personal income. Section 2. The Appropriations Limit for the City of Temecula for Fiscal Year 2013-14, attached hereto, is hereby adopted. Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk GANN APPROPRIATIONS LIMIT' Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Garin Limit, was approved by California voters in November 1979, and placed limits on the amount of proceeds of taxes that state and local government agencies can receive and spend each year. For cities that incorporated after 1978-79 (such as the City of Temecula), the voters set the initial appropriations limit at the time of incorporation. Proposition 111 was approved by California voters in June 1990, which provided new adjustment formulas which make the appropriations limit more responsive to local growth issues. Each year the City Council must adopt by resolution the appropriations limit for the following year. Following is the calculation of the City's Gann Appropriations Limit for fiscal year 2013-14: Fiscal Year 2012-13 Appropriations Limits $202,565,067 City Population Growth 1.43% Per Capita Personal Income Change 5.12% Fiscal Year 2013-14 Appropriations Limit $215,974,875 Appropriations subject to the limit in the fiscal year 2013-14 budget total $41,088,116 which is $174,886,759 less than the computed limit. Additional appropriations to the budget funded by non -tax sources such as service charges, restricted revenues from other agencies, grants or beginning fund balances would be unaffected by the appropriations limit. However, any supplemental appropriations funded through increased tax sources would be subject to the appropriations limit and could not exceed the $174,886,759 variance indicated. Further, any overall actual receipts from tax sources greater than $174,886,759 from budget estimates will result in proceeds from taxes in excess of the City's appropriations limit, requiring refunds of the excess within the next two fiscal years or voter approval of an increase in the City's appropriations limit. Voter approval for an increase in the City's appropriations limit is riot anticipated in the future due to the margin between the limit and tax revenue. $250,000,000 $225,000,000 $200,000,000 $175,000,000 $150,000,000 $125,000,000 $100,000,000 $75,000,000 $50,000,000 $25,000,000 $0 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 • Appropriations Subject to Limit • Legal Limit RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby repeal Resolution No. 89-3, Resolution No. 90-72 and Resolution No. 04-86 Appointing the City Treasurer. Section 2. The City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California. Section 3. Government Code Section 36501 states that there must be an office of City Treasurer. Section 4. The office of City Treasurer was made appointive versus elective, as per Government Code Section 36511, in the incorporation papers of the City, per Resolution No. 89-589 of the Board of Supervisors of the County of Riverside, State of California, November 28, 1989. Section 5. Temecula Municipal Code Chapter 2.20 creates the office of City Treasurer, gives the authority of appointing the City Treasurer to the City Council, and requires the City Treasurer to obtain a corporate surety bond. Section 6. It is necessary that a City Treasurer be appointed immediately in order that the affairs of the City may be properly administered. Section 7. Jennifer Hennessy is hereby appointed City Treasurer of the City of Temecula to serve at the pleasure of the City Council. Section 8. Government Code Section 53607 allows the City Council to delegate the duties of investing or reinvesting funds of the City, or to sell or exchange securities to purchased, to the City Treasurer until the delegation of authority is revoked or expires. Section 9. The City Treasurer shall follow the provisions of Temecula Municipal Code Chapter 3.04 and appropriate California State Code sections as they relate to the performance of his duties as City Treasurer. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES General Fund Total Revenues 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 55,881,347 59,138,163 60,338,110 1,199,947 2.0% Expenditures by Dept: City Council 413,549 442,676 479,679 37,003 8.4% Community Support 134,629 87,500 95,000 7,500 8.6% City Manager 1,521,961 1,664,133 1,501,030 (163,103) -9.8% Economic Development 596,285 976,648 1,041,648 65,000 6.7% City Clerk 1,124,073 1,027,900 1,022,430 (5,470) -0.5% City Attorney 581,297 791,300 741,300 (50,000) -6.3% Strategic Budgeting and Operations - 1,007,760 - (1,007,760) -100.0% Finance 2,188,993 1,306,899 2,268,311 961,412 73.6% Support Services - 339,933 (339,933) -100.0% Human Resources 575,356 486,646 506,272 19,626 4.0% Planning 1,835,633 1,734,080 1,959,764 225,684 13.0% Building &Safety 1,820,930 2,020,386 1,777,576 (242,810) -12.0% Land Development 1,123,807 1,137,241 1,207,816 70,575 6.2% Public Works 5,099,429 5,555,037 5,156,504 (398,533) -7.2% CIP Admin 2,238,299 2,228,358 2,292,539 64,181 2.9% Parks Maintenance - 3,874,062 3,686,788 (187,274) -4.8% Police 21,193,529 22,330,045 23,289,729 959,684 4.3% Fire 4,437,049 4,790,394 5,037,220 246,826 5.2% Animal Control 295,031 443,000 472,581 29,581 6.7% Non -Departmental: Property Tax Admin 212,278 67,291 68,973 1,682 2.5% Recreation Funding 5,707,103 4,038,698 5,024,843 986,145 24.4% Retiree Medical Contribution 314,575 336,879 356,311 19,432 5.8% Debt Service - Civic Center COPs 1,019,099 - - - 0.0% 2011 Financing Lease- 2001 & 2008 COPs 686,902 2,136,138 2,138,272 2,134 0.1% Total Expenditures 53,119,807 58,823,004 60,124,586 1,301,582 2.2% Excess of Revenues Over (Under) Expenditures 2,761,540 315,159 213,524 (101,635) Operating Transfers Out and One Time Payments: Mercedes Benz Fee Reimbursement - (231,008) (231,008) Intern Fellowship Program (5,000) (12,000) (7,000) T.E.A.M. Savings Fund (25,409) (25,409) Larry Robinson Reward Fund - (25,000) 25,000 Information Technology Fund (500,000) 500,000 Business Incubator - (150,000) 150,000 Pavement Management Program (3,326,126) (883,745) (1,919,842) (1,036,097) City and Parks Facility Improvements (750,000) (750,000) (750,000) Theater Remediation - (795,000) (2,084,175) (1,289,175) Transfer to Capital Improvement Fund (574,653) (614,848) (1,529,270) (914,422) Total CIP Transfers (4,650,779) (3,723,593) (6,551,704) (2,597,103) Excess of Revenues Over (Under) Expenditures and Operating Transfers Out / One Time Payments (1,889,239) (3,408,434) (6,338,180) (2,929,746) 19 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES General Fund 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Fund Balance, Beg. of Year 32,078,313 29,720,875 26,312,441 (3,408,434) -11.5% Revenues 55,881,347 59,138,163 60,338,110 1,199,947 2.0% Expenditures (53,119,807) (58,823,004) (60,124,586) (1,301,582) 2.2% Operating Transfers Out / One Time Payments: Mercedes Benz Fee Reimbursement (231,008) (231,008) 0.0% Intern Fellowship Program (5,000) (12,000) (7,000) 140.0% T.E.A.M. Savings Fund (25,409) (25,409) 0.0% Larry Robinson Reward Fund (25,000) - 25,000 -100.0% Information Technology Fund (500,000) 500,000 -100.0% Business Incubator (150,000) 150,000 Pavement Management Program (3,326,126) (883,745) (1,919,842) (1,036,097) 117.2% City and Parks Facility Rehabilitation (750,000) (750,000) (750,000) 0.0% Theatre Remediation - (795,000) (2,084,175) (1,289,175) 162.2% Transfer to Capital Improvement Fund (574,653) (614,848) (1,529,270) (914,422) 148.7% ExtraordinaryLoss(RDA Dissolution) (468,199) - 0.0% Fund Balance, End of Year 29,720,875 26,312,441 19,974,261 (6,338,180) -24.1% Detail of Fund Balance: N onspendable: Inventory 3,058 3,058 3,058 - 0.0% Prepaid Costs - 1,325 1,325 - 0.0% Deposits 62,532 - 0.0% Restricted for: Dutch Villages 150,000 0.0% Committed to: Contractual Obligations 487,004 - 0.0% Economic Uncertainty 11,593,973 11,764,601 12,024,917 260,316 2.2% Assigned to: 0.0% Capital Projects 4,534,779 1,529,270 306,350 (1,222,920) -80.0% Information Technology Fund 500,000 - - 0.0% Pavement Management 2,623,197 1,919,842 3,780,394 1,860,552 96.9% Theatre Remediation 2,879,175 2,084,175 - (2,084,175) -100.0% City and Park Facilities Improvements 750,000 - 700,000 700,000 0.0% Comprehensive Annual Leave 1,495,548 1,363,160 1,363,160 - 0.0% Unrealized Gains 302,640 248,570 248,570 - 0.0% Unassigned: 4,338,969 7,398,441 1,546,487 (5,851,953) -79.1% 29,720,875 26,312,441 19,974,261 (6,338,180) -24.1% 20 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Gas Tax Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 2,896,091 2,644,480 2,777,466 132,986 5.0% Total Expenditures 0.0% Excess of Revenues Over (Under) Expenditures 2,896,091 2,644,480 2,777,466 132,986 5.0% Operating Transfers Out: To Vehicle and Equipment Fund (113,260) (70,000) 70,000 -100.0% To General Fund (3 390 491) (2 935 672) (2 777 466) 158 206 -5.4% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (607,660) (361,192) 361,192 -100.0% Fund Balance, Beg. of Year 1,011,650 403,990 42,798 Fund Balance, End of Year 403,990 42,798 42,798 21 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Recovery Act Justice Assistance Grant Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 68,845 4,375 (4,375) -100.0% Total Expenditures 68,845 4,375 (4,375) -100.0% Excess of Revenues Over (Under) Expenditures Fund Balances, Beg. of Year Fund Balances, End of Year 0.0% Energy Efficiency Conservation Block Grant Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 452,878 290,604 (290,604) -100.0% Total Expenditures 10,804 - - - 0.0% Excess of Revenues Over (Under) Expenditures 442,074 290,604 (290,604) -100.0% Operating Transfers Out: CIP Fund (442,074) (290,604) - 290,604 -100.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year 22 0.0% City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Business Incubator Resource Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues - 17,250 33,652 16,402 95.1% Total Expenditures - 65,000 109,965 44,965 69.2% Excess of Revenues Over (Under) Expenditures (47,750) (76,313) (28,563) 59.8% Operating Transfers In: General Fund 150,000 (150,000) -100.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers In 102,250 (76,313) (178,563) -174.6% Fund Balances, Beg. of Year - 102,250 Fund Balances, End of Year 102,250 25,937 23 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Community Development Block Grant Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 136,980 1,553,854 1,783,462 229,608 14.8% Total Expenditures 45,310 153,854 154,248 394 0.3% Excess of Revenues Over (Under) Expenditures 91,670 1,400,000 1,629,214 229,214 16.4% Operating Transfers Out: CIP Fund (91,670) (1,400,000) (1,629,214) (229,214) 16.4% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year 24 0.0% City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds AB2766 Motor Vehicle Subvention Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 131,264 125,314 125,707 393 0.3% Total Expenditures 26,361 36,788 36,361 (427) -1.2% Excess of Revenues Over (Under) Expenditures 104,903 88,526 89,346 820 0.9% Operating Transfers Out: To CIP Fund (478,698) (159,413) (88,665) 70,748 -44.4% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (373,795) (70,887) 681 71,568 -101.0% Fund Balances, Beg. of Year 640,740 266,945 196,058 Fund Balances, End of Year 266,945 196,058 196,739 25 Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Supplemental Law Enforcement Services Fund 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 206,181 165,775 100,000 (65,775) -39.7% Total Expenditures 0.0% Excess of Revenues Over (Under) Expenditures 206,181 165,775 100,000 (65,775) -39.7% Operating Transfers Out: To General Fund (206,181) (165,775) (100,000) 65,775 -39.7% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. ofYear Fund Balances, End of Year 26 0.0% City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Larry Robinson Reward Fund Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers In General Fund Excess of Revenues Over (Under) Expenditures and Operating Transfers In 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 25,000 0.0% 0.0% 0.0% (25,000) -100.0% 25,000 Fund Balances, Beg. of Year 25,000 Fund Balances, End of Year 25,000 25,000 27 (25,000) -100.0% City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Affordable Housing Fund 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 367,770 495,684 462,262 (33,422) -43.7% Total Expenditures 444,130 624,978 572,446 (52,532) 0.0% Excess of Revenues Over (Under) Expenditures (76,360) (129,294) (110,184) 19,110 -43.7% CIP Affordable Housing Projects (150,000) Operating Transfers In - CDBG 150,000 (150,000) -100.0% Extraordinary Gain 10,158,392 0.0% Excess of Revenues Over (Under) Expenditures, Operating Transfers In, and Extraordinary Gain 10,082,032 (129,294) (110,184) 19,110 -14.8% Fund Balances, Beg. of Year 10,082,032 10,132,738 Fund Balances, End of Year 10,082,032 10,132,738 * 10,022,554 Detail of Fund Balance: N onspendable: Land Held for Resale 4,400,388 4,400,388 4,400,388 0.0% Notes and Loans 352,166 352,166 352,166 0.0% Advances to Successor Agency 5,250,954 5,250,954 5,250,954 0.0% Restricted for: 0.0% Community Development Projects 78,524 129,230 19,046 (110,184) -85.3% 10,082,032 10,132,738 10,022,554 (110,184) -1.1% *Fiscal Year 12/13 Ending FB Increased by $180,000 due to unanticipated revenues late in the year 28 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds Measure A Fund 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 2,306,221 2,452,905 2,476,353 23,448 1.0% Total Expenditures 635,861 1,485,222 1,462,218 (23,004) -1.5% Excess of Revenues Over (Under) Expenditures 1,670,360 967,683 1,014,135 46,452 4.8% Operating Transfers Out: (4,724,369) (5,475,580) (1,014,135) 4,461,445 -81.5% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (3,054,009) (4,507,897) 4,507,897 -100.0% Fund Balances, Beg. of Year 8,810,001 5,755,992 1,248,095 Fund Balances, End of Year 5,755,992 1,248,095 1,248,095 29 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds DEBT SERVICE -2008 CIVIC CENTER COPS 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 1,262 0.0% Total Expenditures 24,513,062 0.0% Excess of Revenues Over (Under) Expenditures (24,511,800) 0.0% Operating Transfers In/(Out): General Fund 1,019,099 0.0% 2011 Financing Lease (395) 22,696,231 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers In and Out (796,470) 0.0% Fund Balances, Beg. of Year 796,470 Fund Balances, End of Year 30 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Special Revenue and Debt Service Funds 2011 Financing Lease for 2001 & 2008 COPS 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 26,835,008 - - 0.0% Total Expenditures 895,684 2,136,138 2,138,272 2,134 0.1% Excess of Revenues Over (Under) Expenditures 25,939,324 (2,136,138) (2,138,272) (2,134) 0.1% Operating Transfers In/(Out): From General Fund 686,902 2,136,138 2,138,272 2,134 0.1% To 2001 COPs (TCSD) (3,929,990) - 0.0% To 2008 COPs (City) (22,696,231) - 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers In and Out 5 0.0% Fund Balances, Beg. of Year 5 5 Fund Balances, End of Year 5 5 5 31 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Internal Services Funds Insurance Fund 2011-12 2012-13 2013-14 Proposed Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues 861,733 913,017 867,670 (45,347) -5.0% Total Expenses 711,669 914,467 1,050,710 136,243 14.9% Excess of Revenues Over (Under) Expenses 150,064 (1,450) (183,040) (181,590) 12523.4% Net Assets, Beg. of Year 580,260 730,324 728,874 Net Assets, End of Year 730,324 728,874 545,834 Vehicles and Equipment Fund Total Revenues Total Expenses Excess of Revenues Over (Under) Expenses Operating Transfers In (Out): Gas Tax Fund 2011-12 2012-13 2013-14 Proposed Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 213,771 172,662 165,522 (7,140) -4.1% 192,500 186,967 150,477 (36,490) -19.5% 21,271 (14,305) 15,045 29,350 -205.2% 113,260 70,000 (70,000) -100.0% Excess of Revenues and Operating Transfers Over (Under) Expenditures 134,531 55,695 15,045 (40,650) -73.0% Net Assets, Beg. of Year 1,659,500 1794,031 1,849,726 Net Assets, End of Year 1,794,031 1,849,726 1,864,771 32 .1•1 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Internal Services Funds Information Technology Fund Total Revenues Total Expenses Excess of Revenues Over (Under) Expenses Operating Transfers In (Out): General Fund Excess of Revenues and Operating Transfers Over (Under) Expenses 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 1,901,645 2,214,036 2,422,191 208,155 9.4% 1,898,893 2259,636 2,408,818 149,182 6.6% 2,752 (45,600) 13,373 58,973 -129.3% 500,000 (500,000) -100.0% 2,752 454,400 13,373 (441,027) -97.1% Net Assets, Beg. of Year 734,120 Net Assets, End of Year 736,872 1,191,272 736,872 1,191,272 1,204,645 Central Services Fund Total Revenues Total Expenses Excess of Revenues Over (Under) Expenses Net Assets, Beg. of Year 2011-12 2012-13 2013-14 Proposed % Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 422,353 344,163 519,362 175,199 50.9% 386,893 327,574 494,630 167,056 51.0% 35,460 16,589 24,732 8,143 49.1% 334,585 370,045 386,634 Net Assets, End of Year 370,045 386,634 411,366 33 City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES Internal Services Funds Facilities Fund Total Revenues Total Expenses Excess of Revenues Over (Under) Expenses Net Assets, Beg. of Year Net Assets, End of Year 2011-12 2012-13 2013-14 Proposed cyo Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) 1,185,407 1,325,775 1,355,454 29,679 2.2% 1,131,697 1,274,791 1,298,126 23,335 1.8% 53,710 50,984 57,328 6,344 12.4% 223,555 277,265 328,249 277,265 328,249 385,577 34 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUE DETAIL General Fund Acct # 161 Planning 001 GENERAL FUND FY 2011-12 FY 2012-13 FY 2013-14 Revenue Budgeted Adopted $ CHANGE % CHANGE -Various -Grants 162 Building & Safety -Various 163 Land Development -Various 164 Public Works 554,076 860,496 734,058 (126,438) -14.69% 180,892 67,308 (67,308) -100.00% 1,285,533 1,687,114 1,693,344 6,230 0.37% 910,674 611,318 538,889 (72,429) -11.85% 4283+4-NPDES Permit Fee 3,168 3,276 3,506 230 7.02% 4390 -Street Lighting Fees 3,420 - (3,420) -100.00% 167 Parks & Facilities Maintenance 4004 -Special Tax (Measure C) - 1,853,799 1,853,799 - 0.00% 4077 -Lease Income - 44,893 47,319 2,426 5.40% 4290 -Inspection Fees - 10,000 2,000 (8,000) -80.00% 170 Police 4055 -Citations and Bookings 89,196 99,462 93,798 (5,664) -5.69% 4044+4 -Miscellaneous 90,068 95,675 95,800 125 0.13% 4067 -Vehicle Impound Fees 115,281 122,000 124,000 2,000 1.64% 4076 -Reimbursements 150,312 142,500 142,500 - 0.00% 4083+4 -Grants 60,686 47,205 - (47,205) -100.00% 171 Fire -Various 804,193 721,526 908,552 187,026 25.92% 4083 -Grants 12,238 10,801 15,100 4,299 39.80% 199 Non -Departmental 4010 -Property Tax 4,663,030 4,667,693 4,784,385 116,692 2.50% 4012-PropertyTax(Unsecured) 250,414 251,024 257,300 6,276 2.50% 4013 -Supplemental Tax- AB 2345 88,859 42,140 42,140 - 0.00% 4016 -Property Transfer Tax 462,837 551,754 631,593 79,839 14.47% 4018 -Franchise Fees 3,393,439 3,557,570 3,639,308 81,738 2.30% 4020 -Transient Occupancy Tax 2,400,048 2,544,372 2,544,996 624 0.02% 4023 -Sales and Use Tax - Triple Flip 6,459,653 6,849,041 7,379,864 530,823 7.75% 4024 -Sales and Use Tax - State of Calif 20,266,397 21,567,203 21,984,483 417,280 1.93% 4025 -FEMA Grants 28,406 - - 0.00% 4028 -Homeowner Property Tax Relief 77,937 78,015 79,965 1,950 2.50% 4043 -Motor Vehicle in Lieu - Triple Flip 5,955,163 5,991,022 6,140,798 149,776 2.50% 4046 -Motor Vehicle in Lieu - State of Calif 51,960 53,840 - (53,840) -100.00% 4047 -Vehicle Code Fines 625,398 599,560 636,235 36,675 6.12% 4053 -Bids & Proposals 10,850 10,350 5,550 (4,800) -46.38% 4056 -Business Licenses 292,590 300,000 300,000 - 0.00% 4059 -Right of Way Advertising 64,200 54,270 30,960 (23,310) -42.95% Various -Miscellaneous 24,875 21,260 15,060 (6,200) -29.16% 4065 -Investment Interest 172,074 130,000 65,000 (65,000) -50.00% 4075 -Rental lncome 65,007 67,812 77,508 9,696 14.30% 4076 -Reimbursements-Miscellaneous 188,162 91,639 260,120 168,481 183.85% 4082 -Reimbursements - Redevelopment Agency 64,167 - - 0.00% 4083 -Reimbursements-Capital Imprvmnt Prgrm 2,133,771 2,228,358 2,292,714 64,356 2.89% 4090 Operating Transfer In -Gas Tax 3,390,491 2,935,672 2,777,466 (158,206) -5.39% 4090 Operating Transfer In -Law Enforcement Fund 206,181 165,775 100,000 (65,775) -39.68% 4090 Operating Transfer In -Other 259,516 - 0.00% 4400 -Financing Reimbursement 163,000 119,000 40,000 (79,000) -66.39% 4545 -Change in Fair Value of Investments (133,395) (120,000) 120,000 -100.00% TOTAL GENERAL FUND 55,881,347 59,138,163 60,338,110 1,199,947 2.03% 35 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE General Fund Projected Actual Budgeted Projected Increase Increase 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Taxes and Franchises Property Tax $ 5,543,077 $ 5,590,626 $ 5,795,383 $ 204,757 3.66% Sales and Use Tax 26,726,050 28,416,244 29,364,347 948,103 3.34% Franchise Fees 3,393,439 3,557,570 3,639,308 81,738 2.30% Transient Occupancy Tax 2,400,048 2,544,372 2,544,996 624 0.02% Special Tax (Measure C) - 1,853,799 1,853,799 0.00% Licenses, Permits and Service Charges Business Licenses 292,590 300,000 300,000 0.00% Land Development 910,674 611,318 538,889 (72,429) -11.85% Public Works 3,168 6,696 3,506 (3,190) -47.64% Parks & Facilities Maintenance 10,000 2,000 (8,000) 0.00% Building 1,285,533 1,687,114 1,693,344 6,230 0.37% Planning 554,076 860,496 734,058 (126,438) -14.69% Fire 804,193 721,526 908,552 187,026 25.92% Bids and Proposals 10,850 10,350 5,550 (4,800) -46.38% Fines and Forfeitures 829,875 821,022 854,033 33,011 4.02% Use of Money and Property Investment Interest Lease/Rental Income 38,679 10,000 65,000 55,000 550.00% 65,007 112,705 124,827 12,122 0.00% Intergovernmental Revenues Motor Vehicle In Lieu - Triple Flip 5,955,163 5,991,022 6,140,798 149,776 2.50% Motor Vehicle In Lieu - State of California 51,960 53,840 - (53,840) -100.00% Grants 282,222 125,314 15,100 (110,214) -87.95% Reimbursement From Capital Improvement Program 2,133,771 2,228,358 2,292,714 64,356 2.89% Redevelopment Agency 64,167 - - 0.00% Other 501,474 353,139 442,620 89,481 25.34% Operating Transfers In 3,856,188 3,101,447 2,877,466 (223,981) -7.22% Miscellaneous Revenue 179,143 171,205 141,820 (29,385) -17.16% Total Revenues and Other Sources $ 55,881,347 $ 59,138,163 $ 60,338,110 1,199,947 2.03% 36 Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Special Revenue and Debt Service Funds Gas Tax Fund Use of Money and Property Investment Interest Taxes and Franchises Gas Tax Total Revenues and Other Sources Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ 11,165 $ 3,400 $ 1,400 $ (2,000) 0.00% 2,884,926 2,641,080 2,776,066 134,986 5.11% $ 2,896,091 $ 2,644,480 $ 2,777,466 $ 132,986 5.03% Recovery Act Justice Assistance Grant Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Intergovernmental Revenues Justice Assistance Grant $ 68,845 $ 4,375 $ - $ (4,375) -100.00% Total Revenues and Other Sources $ 68,845 $ 4,375 $ - $ (4,375) -100.00% 'orgy Efficiency Conservation Block Grant Fund Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Intergovernmental Revenues Energy Efficiency Conservation Block Grant $ 452,878 $ 290,604 $ $ (290,604) -100.00% Total Revenues and Other Sources $ 452,878 $ 290,604 $ $ (290,604) -100.00% 37 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Special Revenue and Debt Service Funds Business Incubator Resource Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Use of Money and Property Investment Interest $ - $ 400 $ 400 $ - 0.00% Rental Income - 16,850 33,252 16,402 97.34% Operating Transfers In General Fund - 150,000 - (150,000) -100.00% Total Revenues and Other Sources $ $ 167,250 $ 33,652 $ (133,598) -79.88% Community Development Block Grant Fund Intergovernmental Revenues Community Development Block Grant Total Revenues and Other Sources Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ 136,980 $ 1,553,854 $ 1,783,462 $ 229,608 14.78% $ 136,980 $ 1,553,854 $ 1,783,462 $ 229,608 14.78% AB2766 Motor Vehicle Subvention Fund Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Intergovernmental Revenues AB 2766 $ 127,507 $ 123,814 $ 124,807 $ 993 0.80% Use of Money and Property Investment Interest 3,757 1,500 900 (600) -40.00% Total Revenues and Other Sources $ 131,264 $ 125,314 $ 125,707 $ 393 0.31% 38 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Special Revenue and Debt Service Funds Supplemental Law Enforcement Services Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Intergovernmental Revenues Supplemental Law Enforcement Services $ 206,184 $ 165,775 $ 100,000 $ (65,775) -39.68% Use of Money and Property Investment Interest Total Revenues and Other Sources (3) 0.00% $ 206,181 $ 165,775 $ 100,000 $ (65,775) -39.68% Larry Robinson Reward Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Operating Transfers In General Fund $ $ 25,000 $ - $ (25,000) -100.00% Total Revenues and Other Sources $ $ 25,000 $ - $ (25,000) -100.00% Affordable Housing Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Intergovernmental Revenues Property Tax Distribution $ 125,000 $ 250,000 $ 250,000 $ 0.00% Licenses, Permits and Service Charges Monitoring Fees 10,032 10,032 10,032 0.00% Use of Money and Property Investment Interest 58,675 19,000 (19,000) -100.00% Rental Income - 161,000 167,000 6,000 3.73% Residual Receipt Distribution - 34,455 34,455 0.00% Loan Interest - 55,652 775 (54,877) -98.61% Forgivable Loan Repayment 1,877 - 0.00% Reimbursement From Other 172,186 - - 0.00% Operating Transfers In CDBG 150,000 (150,000) -100.00% Total Revenues and Other Sources $ 367,770 $ 645,684 $ 462,262 $ (183,422) -28.41% 39 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Special Revenue and Debt Service Funds Measure A Fund Intergovernmental Revenues Measure A Use of Money and Property Investment Interest Total Revenues and Other Sources Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ 2,244,165 $ 2,420,905 $ 2,457,353 $ 36,448 1.51% 62,056 32000 19,000 (13,000) -40.63% $ 2,306,221 $ 2,452,905 $ 2,476,353 $ 23,448 0.96% DEBT SERVICE -2008 CIVIC CENTER COPS Use of Money and Property Investment Interest Operating Transfers In Total Revenues and Other Sources Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ 1,262 $ - $ $ 0.00% 23,715,330 $ 0.00% $ 23,716,592 $ $ $ 0.00% 2011 Financing Lease for 2001 & 2008 COPS Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Use of Money and Property Financing Proceeds $ 26,835,000 $ - $ - $ 0.00% Investment Interest 8 - - 0.00% Operating Transfers In 686,902 2,136,138 2,138,272 2,134 0.10% Total Revenues and Other Sources $ 27,521,910 $ 2,136,138 $ 2,138,272 $ 2,134 0.10% 40 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Internal Services Funds Insurance Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Charges for Services $ 844,882 $ 910,017 $ 865,270 $ (44,747) -4.92% Special Event Insurance Fees 2,025 - 0.00% Claims Recovery 10,000 0.00% Use of Money and Property Investment Interest 4,826 3,000 2,400 (600) -20.00% Total Revenues and Other Sources $ 861,733 $ 913,017 $ 867,670 $ (45,347) -4.97% Vehicles and Equipment Fund Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Charges for Services $ 204,359 $ 165,662 $ 160,922 $ (4,740) -2.86% Use of Money and Property Investment Interest 9,412 7,000 4,600 (2,400) -34.29% Operating Transfers In Gas Tax Fund 113,260 70,000 (70,000) 0.00% Total Revenues and Other Sources $ 327,031 $ 242,662 $ 165,522 $ (77,140) -31.79% 41 City of Temecula Annual Operating Budget Fiscal Year 2013-14 REVENUES BY SOURCE Internal Services Funds Information Technology Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Charges for Services $ 1,896,969 $ 2,211,536 $ 2,420,491 $ 208,955 9.45% Use of Money and Property Investment Interest 4,676 2,500 1,700 (800) -32.00% Operating Transfers In General Fund 500,000 (500,000) 0.00% Total Revenues and Other Sources $ 1,901,645 $ 2,714,036 $ 2,422,191 $ (291,845) -10.75% Central Services Fund Projected Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Charges for Services $ 419,190 $ 342,163 $ 517,962 $ 175,799 51.38% Use of Money and Property Investment Interest Total Revenues and Other Sources 3,163 2,000 1,400 (600) -30.00% $ 422,353 $ 344,163 $ 519,362 $ 175,199 50.91% Facilities Fund Projected % Actual Budgeted Projected Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Licenses, Permits and Service Charges Charges for Services $ 1,183,646 $ 1,324,775 $ 1,354,554 $ 29,779 2.25% Use of Money and Property Investment Interest 1,761 1,000 900 (100) -10.00% Total Revenues and Other Sources $ 1,185,407 $ 1,325,775 $ 1,355,454 $ 29,679 2.24% 42 City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENDITURE SUMMARY BY CATEGORY General Fund Department Personnel Operations & Maintenance Total City Council City Council $ 142,690 $ 336,989 $ 479,679 Community Support - 95,000 95,000 City Manager: City Manager 1,196, 226 304,804 1,501, 030 Economic Development 541,528 500,120 1,041,648 Human Resources 308,053 198,219 506,272 City Clerk 701,091 321,339 1,022,430 City Attorney - 741,300 741,300 Finance: Finance: 1,690, 250 578,061 2,268, 311 Animal Control - 472,581 472,581 Community Development: Planning 1,337, 773 621,991 1,959, 764 Building & Safety 1,268,072 509,504 1,777,576 Public Works: Land Development 916,584 291,232 1,207,816 Public Works 2,166,600 2,989,904 5,156,504 CIP Administration 1,913,843 378,696 2,292,539 Parks Maintenance 957,011 2,729,777 3,686,788 Police 154,616 23,135,113 23,289,729 Fire 296,252 4,740,968 5,037,220 * Non Departmental 5,450,127 5,450,127 2011 Financing Lease - 2001 & 2008 - 2,138,272 2,138,272 Total $ 13, 590, 589 $ 46, 533,997 $ 60,124, 586 Operating Transfers Out and One Time Payments: Mercedes Benz Fee Reimbursement $ 231,008 Transfer to T.E.A.M. Savings Fund 25,409 Pavement Management Program 1,919,842 City and Parks Facility Rehabilitation 750,000 Theater Rehabilitation 2,084,175 Transfer to Capital Improvement Fund 1,529,270 Transfer to Intern Fellowship Program 12,000 Total $ 66,676,290 * Fire Total is Net of a Projected $6,495,150 Fire Tax Credit 43 City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENDITURE SUMMARY BY CATEGORY Special Revenue and Debt Service Funds Gas Tax Fund Proposed Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operating Transfers Out $ 3,503,751 $ 3,005,672 $ 2,777,466 $ (228,206) -7.59% Total Expenditures and Other Financing Uses $ 3,503,751 $ 3,005,672 $ 2,777,466 $ (228,206) -7.59% Recovery Act Justice Assistance Grant Fund Proposed Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ 68,845 $ 4,375 $ $ (4,375) -100.00% Total Expenditures and Other Financing Uses $ 68,845 $ 4,375 $ $ (4,375) -100.00% Energy Efficiency Conservation Block Grant Fund Proposed Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ 10,804 $ - $ $ - 0.00% Operating Transfers Out - CIP 442,074 290,604 (290,604) -100.00% Total Expenditures and Other Financing Uses $ 452,878 $ 290,604 $ $ (290,604) -100.00% Business Incubator Resource Fund Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ $ 65,000 $ 109,965 $ 44,965 69.18% Total Expenditures and Other Financing Uses $ - $ 65,000 $ 109,965 $ 44,965 69.18% 44 City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENDITURE SUMMARY BY CATEGORY Special Revenue and Debt Service Funds Community Development Block Grant Fund Expenditure Summary Personnel Operations and Maintenance Operating Transfers Out - CIP Proposed Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) $ $ 86,456 $ 87,181 $ 725 0.00% 45,310 67,398 67,067 (331) -0.49% 91,670 1,400,000 1,629,214 229,214 16.37% Total Expenditures and Other Financing Uses $ 136,980 $ 1,553,854 $ 1,783,462 $ 229,608 14.78% AB2766 Motor Vehicle Subvention Fund Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ 26,361 $ 36,788 $ 36,361 $ (427) -1.16% Operating Transfers Out 478,698 159,413 88,665 (70,748) -44.38% Total Expenditures and Other Financing Uses $ 505,059 $ 196,201 $ 125,026 $ (71,175) -36.28% Supplemental Law Enforcement Services Fund Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operating Transfers Out $ 206,181 $ 165,775 $ 100,000 $ (65,775) -39.68% Total Expenditures and Other Financing Uses $ 206,181 $ 165,775 $ 100,000 $ (65,775) -39.68% 45 City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENDITURE SUMMARY BY CATEGORY Special Revenue and Debt Service Funds Larry Robinson Reward Fund Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance Total Expenditures and Other Financing Uses $ 0.00% 0.00% Affordable Housing Fund Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Personnel $ $ 363,452 $ 324,258 $ (39,194) 0.00% Operations and rVl3intenance 444,130 261,526 248,188 (13,338) -5.10% Contribution to Successor Agency - - - 0.00% Extraordinary Gain on Dissolution of RDA 10,158,392 Capital Projects 150,000 0.00% Total Expenditures and Other Financing Uses $ 10,602,522 $ 774,978 $ 572,446 $ (202,532) -26.13% Measure A Fund Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ 635,861 $ 1,485,222 $ 1,462,218 $ (23,004) -1.55% Operating Transfers Out - CIP 4,724,369 5,475,580 1,014,135 (4,461,445) -81.48% Total Expenditures and Other Financing Uses $ 5,360,230 $ 6,960,802 $ 2,476,353 $ (4,484,449) -64.42% 46 City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENDITURE SUMMARY BY CATEGORY Special Revenue and Debt Service Funds DEBT SERVICE -2008 CIVIC CENTER COPS Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ 2,500 $ $ $ 0.00% Debt Service - Interest 563,919 - - - 0.00% Debt Service - Principal 455,000 0.00% Redemption Costs 23,491,643 - - - 0.00% Total Expenditures and Other Financing Uses $ 24,513,062 $ - $ $ 0.00% 2011 Financing Lease for 2001 & 2008 COPS Proposed % Actual Budgeted Proposed Increase Increase FY 2011-12 FY 2012-13 FY 2013-14 (Decrease) (Decrease) Expenditure Summary Operations and Maintenance $ 207,243 $ - $ - $ 0.00% Debt Service - Interest 499,441 983,138 939,272 (43,866) -4.46% Debt Service- Principal 189,000 1,153,000 1,199,000 46,000 3.99% Operating Transfers Out 26,626,221 - - - 0.00% Total Expenditures and Other Financing Uses $27,521,905 $ 2,136,138 $ 2,138,272 $ 2,134 0.10% 47 City of Temecula Annual Operating Budget Fiscal Year 2013-14 EXPENSES SUMMARY BY CATEGORY Internal Services Funds 2011-12 2012-13 2013-14 Proposed ok Audited Revised Proposed Increase Increase Actuals Budget Budget (Decrease) (Decrease) Total Revenues by Fund: Insurance 861,733 913,017 867,670 (45,347) -5.0% Vehicles and Equipment 213,771 172,662 165,522 (7,140) -4.1% Information Technology 1,901,645 2,214,036 2,422,191 208,155 9.4% Central Services 422,353 344,163 519,362 175,199 50.9% Facilities 1,185,407 1,325,775 1,355,454 29,679 2.2% Total Revenues 4,584,909 4,969,653 5,330,199 360,546 7.3% Total Expenses by Fund: Insurance 711,669 914,467 1,050,710 136,243 14.9% Vehicles and Equipment 192,500 186,967 150,477 (36,490) -19.5% Information Technology 1,898,893 2,259,636 2,408,818 149,182 6.6% Central Services 386,894 327,574 494,630 167,056 51.0% Facilities 1,131,697 1,274,791 1,298,126 23,335 1.8% Total Expenses 4,321,653 4,963,435 5,402,761 439,326 8.9% Excess of Revenues Over (Under) Expenses 263,256 6,218 (72,562) (78,780) -1267.0% Operating Transfers In (Out): General Fund (Information Technology) - 500,000 - (500,000) Gas Tax Fund (Vehicles and Equipment) 113,260 70,000 (70,000) Excess of Revenues and Operating Transfers Over (Under) Expenses Net Assets, Beg. of Year 376,516 576,218 (72,562) (648,780) 3,532,020 3,908,536 4,484,754 Net Assets, End of Year 3,908,536 4,484,754 4,412,192 48 -100.0% -100.0% City of Temecula Annual Operating Budget Fiscal Year 2013-14 SUMMARY OF BUDGETED POSITIONS Department City Council City Manager: City Manager FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 5.00 5.00 5.00 5.00 4.50 4.50 4.00 5.00 Human Resources 2.50 2.50 2.00 2.75 Economic Development 3.00 1.00 4.00 4.00 City Clerk 7.00 7.00 6.00 6.00 Finance Strategic Budgeting and Operations 0.00 0.00 4.00 0.00 Finance 13.50 13.00 9.00 12.50 Community Development Planning 4.90 9.15 9.00 9.75 Building & Safety 15.90 13.00 13.25 10.75 Public Works: Land Development 7.95 6.60 6.70 6.70 Public Works 19.60 18.60 18.90 18.90 CIP Administration 13.25 13.60 13.05 13.05 Parks Maintenance 0.00 0.00 8.00 8.00 Police 0.50 0.50 0.50 0.50 Fire 3.00 3.00 2.50 3.00 Community Services 33.15 32.05 26.55 30.30 Community Development Block Grant 0.00 0.00 0.70 0.70 Successor to the Redevelopment Agency 0.00 4.25 0.00 0.00 Affordable Housing 0.00 0.00 2.55 2.05 Redevelopment Agency 6.45 0.00 0.00 0.00 Internal Services Funds Insurance 0.50 0.50 0.50 1.25 Information Technology 10.00 9.00 9.00 9.50 Central Services 3.00 3.00 2.00 3.50 Support Services 0.00 0.00 2.00 0.00 Facilities 4.30 5.75 4.80 4.80 Total Budgeted Positions 158.00 152.00 154.00 158.00 Unfunded Positions 39.00 43.00 3.00 2.00 Total Authorized Positions 197.00 195.00 157.00 160.00 49 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL MISSION The City Council is elected by the citizens of Temecula to adopt Taws and set overall policy decisions for the City of Temecula. The City Council gives direction to the City Manager to ensure effective and efficient operation of the City and to identify the types and levels of programs and services that will maintain and enhance Temecula's high quality of life consistent with the City's adopted Quality of Life Master Plan (QLMP) Core Values as follows: (1) A Healthy and Livable City; (2) Economic Prosperity; (3) A Safe and Prepared Community; (4) A Sustainable City; (5) Transportation, Mobility and Connectivity; and (6) An Accountable and Responsive City Government. ORGANIZATIONAL CHART CITIZENS OF TEMECULA MIKE NAGGAR Mayor MARYANN EDWARDS Mayor Pro Tempore CHUCK WASHINGTON Council Member 50 JEFF COMERCHERO Council Member RONALD ROBERTS Council Member ■ City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL EXPENDITURES BY CATEGORY Program: City Council Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 128,036 $ 132,564 $ 133,289 $ 142,690 $ 9,401 7.1% Operations & Maintenance 267,369 280,985 309,387 336,989 27,602 8.9% Capital Outlay - - - - - 0.0% Total $ 395,405 $ 413,549 $ 442,676 $ 479,679 $ 37,003 8.4% Program: Community Support Funding Source: General Fund Actual Actual Budgeted Requested % Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Operations & Maintenance $ 129,878 $ 134,629 $ 87,500 $ 95,000 $ 7,500 8.6% Capital Outlay - - - - - 0.0% Total $ 129,878 $ 134,629 $ 87,500 $ 95,000 $ 7,500 8.6% PERSONNEL ALLOCATION Personnel Allocation Authorized 2012-13 Changes Proposed 2013-14 Unfunded CITY COUNCIL Council Members 5.00 0.00 5.00 0.00 Total 5.00 0.00 5.00 0.00 51 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL Division/Program: CITY COUNCIL SERVICES ■ Serve as a five -member voice on behalf of the City of Temecula as elected by the citizens. ■ Adopt laws and regulations that govern Temecula. ■ Set City fiscal policy and provide direction to the City Manager to balance a high quality of life with fiscally sustainable decisions. ■ Represent the interests of the City of Temecula in local, regional, state, federal, tribal and international affairs in addition to serving as members (or commissioners) for related agencies or organizations for the benefit of the City of Temecula. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Set policies and direction which allowed the City to maintain adequate General Fund Reserves while also providing high-quality services to the community and maintaining a balanced budget. ■ Set direction to continue to fund special events and community service/nonprofit organization support in order to preserve family -friendly atmosphere throughout the City. ■ Supported business and job growth by the opening of a business incubator and resource center facility to foster new business formation and provide resources to new and existing business. ■ Supported the protection of Temecula's western escarpment by purchasing two prominent developable parcels for the preservation of open space. ■ Expanded government communications including implementation of semi-annual newsletters mailed to all residents and businesses in Temecula. ■ Presented the State of the City Address to the Community in order to showcase the City's accomplishments and highlight upcoming projects and programs. ■ Proclaimed a City Holiday, November 151h, as "Pechanga Pu'eska Mountain Day" in gratitude and commemoration to the Pechanga Band of Luiseno Indians for the purchase of Pu'eska Mountain, and to the community at large that worked together with Pechanga, the City, Save our Southwest Hills and San Diego State University in coordinated efforts to protect the Temecula's high quality of life. ■ Hosted a National League of Cities Conference of Elected Officials from approximately 40 cities nationwide. ■ Negotiated with Employee Union to update Memorandum of Understanding and finalize Employee Classification Study. 52 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL Division/Program: CITY COUNCIL OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Complete community -wide citizen survey of City services and programs June 2014 Accountable and Responsive City Government: Promote community in volvemen t Create and implement a Regional Task Force to address modern-day influences that impact our youth, families and health June 2014 Healthy and Livable City: Maintain a safe and family-oriented environment Create higher educational opportunities (e.g. biology field trips, etc.) within the Roripaugh Preserve June 2014 Healthy and Livable City: Foster an "educated community" through a variety of opportunities Protect the City's financial strength with fiscal policies and a balanced budget June 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies Support policy decisions that improve traffic congestion including plans for Overland Bridge extension, Phase 1 of French Valley and completion of Highway 79 South Interchange, and completion of the Main Street Bridge June 2014 Transportation Mobility and Connectivity: Connect major commercial districts through circulation improvements Increase public outreach to citizens with community -wide citizen newsletters mailed twice annually June 2014 Accountable and Responsive City Government: Promote community involvement 53 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL Division/Program: CITY COUNCIL PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Promote community involvement Number of completed Citizen Surveys 1 1 N/A 1 3 Promote community involvement Number of newsletters sent community -wide N/A N/A 86,000 86,000 215,000 Foster an "educated community" through a variety of opportunities Amount of acreage of open space set aside for educational purposes N/A N/A N/A 200 200 Maintain a safe and family- oriented environment Number of Regional Family Youth & Health Task Force meetings held N/A N/A N/A 5 12 54 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL Division/Program: COMMUNITY SUPPORT SERVICES ■ Review annual funding requests from nonprofit organizations that provide services or programs to Temecula residents. ■ Enter into agreements to disburse financial assistance up to $5,000 for each selected nonprofit organization in return for services that benefit the residents of Temecula. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Continued support of various nonprofit community -wide service programs with an emphasis on food, clothing, shelter, and medical care for the benefit of Temecula residents in the amount of $67,500. ■ Continued support to provide an additional funding resource for nonprofit organizations and programs that provided various services for the benefit of Temecula residents in the amount of $25,000. 55 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY COUNCIL Division/Program: COMMUNITY SUPPORT OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Provide financial assistance to nonprofit agencies for community programs that benefit citizens of Temecula, in the total amount of $95,000 June 2014 Healthy and Livable City: Maintain a safe and family oriented environment Update Community Service Funding Program Application September 2013 Accountable and Responsive City Government: Maintain overall sound fiscal policies PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Maintain a safe and family oriented environment Number of nonprofit organizations funded through the Community Service Funding and the City Council Grant Program 20 23 20 20-25 80-100 Maintain a safe and family oriented environment Total funding provided to support nonprofit programs through the Community Service Funding Program and City Council Grant Program $85,000 $87,500 $85,000 $95,000 $475,000 56 ■ City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER MISSION The City Manager Department serves as the City's executive office responsible to the City Council; for implementing their priorities and objectives; to effectively deliver exceptional services, projects and programs to the citizens of Temecula; providing timely and accurate dissemination of City news and information to the community; and serve as the City's primary public liaison to all community stakeholders as well as intergovernmental relations with local, regional, state, federal, tribal and international governments. The City Manager Department provides organizational leadership to City staff and operations, oversees the preparation and administration of a balanced annual budget, and implements all City Council policies, as guided by the Quality of Life Master Plan (QLMP). ORGANIZATIONAL CHART CITY MANAGER Aaron Adams GENERAL ADMINISTRATION Intergovernmental QLMP Legislation Community Funding Special Projects ECONOMIC DEVELOPMENT Business Attraction Business Retention Marketing Workforce Youth Employment Business Ombudsm an Tourism Temecula Valley Entrepreneur's Exchange 57 HUMAN RESOURCES Benefits Employment Training Employee Relations Insurance Claims Administration Emergency Preparedness Emergency Operations Center Emergency Coordination and Training City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER EXPENDITURES BY CATEGORY Program: City Manager Expenditure Summary Personnel Operations & Maintenance Capital Outlay Program: Economic Development Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Program: Human Resources Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Funding Source: Actual FY 2010-11 $ 1,023,716 260,359 General Fund Actual Budgeted Requested % FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change $ 1,242,237 $ 1,369,769 $ 1,196,226 $ (173,543) -12.7% 279,724 294,364 304,804 10,440 3.5% - - - 0.0% $ 1,664,133 $ 1,501,030 $ (163,103) -9.8% $ 1,284,075 $ 1,521,961 Funding Source: Actual FY 2010-11 $ 378,098 470,973 $ 849,071 Genera! Fund Actual FY 2011-12 $ 218,092 378,193 Budgeted FY 2012-13 $ 529,309 447,339 Requested FY 2013-14 $ 541,528 500,120 $ Change Change $ 12,219 2.3% 52,781 11.8% $ 596,285 $ 976,648 $ 1,041,648 $ 65,000 6.7% Funding Source: Genera! Fund Actual FY 2010-11 $ 387,015 120,351 $ 507,366 Actual FY 2011-12 $ 409,442 165,914 Budgeted Requested FY 2012-13 $ 277,276 209,370 FY 2013-14 $ Change Change $ 308,053 $ 30,777 198,219 (11,151) 11.1% -5.3% 0.0% $ 575,356 $ 486,646 $ 506,272 $ 19,626 4.0% PERSONNEL ALLOCATION Personnel Allocation CITY MANAGER Assistant City Manager City Manager City Manager Advisor Executive Assistant Senior Management Analyst Total ECONOMIC DEVELOPMENT Administrative Assistant (Confidential) Economic Development Analyst I Total HUMAN RESOURCES Human Resources Analyst Office Specialist (Confidential) Senior Human Resources Analyst Total Grand Total Authorized 2012-13 1.00 1.00 1.00 1.00 1.00 5.00 1.00 3.00 4.00 1.00 0.00 1.00 Proposed Changes 2013-14 0.00 1.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 5.00 0.00 0.00 0.00 -1.00 1.75 0.00 1.00 3.00 4.00 0.00 1.75 1.00 2.00 0.75 2.75 11.00 0.75 11.75 58 Unfunded 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER Division/Program: GENERAL ADMINISTRATION SERVICES ■ Ensure the QLMP goals and citizen priorities adopted by the City Council are achieved through City-wide strategic planning, policy implementation and budget development. ■ Keep the City Council informed about City operations and important community issues that impact the City. ■ Responsible for implementing City Council's long term and short term directives. ■ Provide prudent leadership and clear policy direction to City Executives concerning organizational decisions in order to efficiently provide the highest quality of public services and maintain the Core Values of the QLMP. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Presented a balanced budget to City Council while providing high quality services for the community. ■ Integrated the Quality of Life Master Plan objectives into the structure of the City's Operating and Capital Improvement Budgets. ■ Restructured staffing operations in order to efficiently provide the highest quality of public services to the citizens of Temecula. ■ Increased communications with citizens by producing semi-annual communitywide newsletter, updating City of Temecula promotional literature and media, and increasing the use of social media and e -blasts to disseminate city information. ■ Negotiated leased office space for Congressman Duncan Hunter within the Civic Center to provide Federal legislative access at Temecula City Hall. ■ Negotiated monthly meeting space for Assembly Member Marie Waldron within the Civic Center to provide State legislative access at Temecula City Hall. 59 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER Division/Program: GENERAL ADMINISTRATION OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Coordinate the production of a communitywide citizen survey in order to gather feedback on current services and policies and to determine future service offerings June 2014 Accountable and Responsive City Government: Promote community involvement Coordinate efforts to support the Regional Family Youth and Health Task Force for community awareness and solutions of modern day influences that impact youth, families and health June 2014 Healthy and Livable City: Maintain a safe and family-oriented environment Plan communitywide one-year Pechanga Pu'eska Mountain Day to celebrate this day as a City holiday November 2014 Accountable and Responsive City Government: Promote community involvement PERFORMANCE MEASURE(S) for Fiscal Year 2012-13 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Number Promote community involvement of community newsletters published N/A N/A 2 2 10 Promote community involvement Percentage of overall citizen satisfaction from Citizen Survey greater than average N/A 96% N/A 90% 90% Maintain overall sound fiscal policies Number of operational policies updated citywide N/A N/A N/A 10 50 Maintain a safe and family- oriented environment Create a Youth Family and Health Task Force Resource Guide N/A N/A N/A 1 1 60 City of Temecula Annual Operating Budget Fiscal Year 201 3-1 4 CITY MANAGER Division/Program: ECONOMIC DEVELOPMENT SERVICES • Support existing businesses and encourage their continued prosperity and growth. • Manage an ongoing marketing/branding program to attract commercial and industrial development. • Manage an ongoing marketing/branding program to attract entrepreneurs and innovative startups. • Administer the business incubator and resource center facility to foster new business formation and provide resources to new and existing business. • Work to attract new industries that bring an enhanced tax base, quality jobs, and new capital into the community. • Maintain strong relationships with educational, business, and community leaders to continue to maximize opportunities. • Facilitate smooth processing and problem solving for local businesses and business looking to relocate to Temecula. • Provide enrich ment, education, employment, recreation opportunities, and resources for youth and young adults. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Expanded Internship Program to 35 interns throughout the City of Temecula. • Created three business marketing brochures (Just the Facts, Old Town and Temecula Magazine) to aid the City in business attraction efforts. • Opened the Temecula Valley Entrepreneur's Exchange (TVEE) and exceeded Business Plan projections of four tenants within the first year (five innovative companies currently occupy TVEE). • Provided workshops and educational seminars to reach over 700 attendees. • In collaboration with our partner organizations, provided over 125 one-on-one business consultations to assist start-up and small business owners. 61 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER Division/Program: ECONOMIC DEVELOPMENT OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Dale QLMP Core Value Five Year Long Term Goal Increase College Fair booths to 175 schools September 2013 Healthy and Livable City Fosteran educated community" Expand the City's current internship program to include placement with local businesses June 2014 Healthy and Livable City Fosteran `educated community" Provide 2 Community Outreach (business attraction/retention, etc.) events June 2014 Healthy and Livable City Foster an educated community" Foster business relationships by visiting 2 local business site visits per month June 2014 Economic Prosperity Retention and Expansion of Existing Businesses Continue quarterly "New Business Welcome" events to welcome new local businesses, provide City updates, and introduce businesses to key City staff June 2014 Economic Prosperity Create a business friendly environment Increase TVEE business incubator companies to 8 June 2014 Economic Prosperity Retention and Expansion of Existing Businesses Provide 24 business workshops at TVEE resource center June 2014 Healthy and Livable City Foster an `educated community" Provide TVEE signature events Annual Open House, Demo Day, & Youth Innovation Conference June 2014 Economic Prosperity Retention and Expansion of Existing Businesses Expand educational opportunities and partnerships to provide classroom space on the 2ndfloor of the TVEE June 2014 Healthy and Livable City Foster an "educated community" 62 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER Division/Program: ECONOMIC DEVELOPMENT PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Create a business friendly regulatory environment Number of local business site visits (to foster business relationships) NA 12 10 24 100 Foster an "Educated Community" through a wide variety of opportunities Number of Colleges at College Fair 120 150 160 175 180 (avg.) Foster an "Educated Community" through a wide variety of opportunities Number of City interns NA NA 15 30 150 Pursue High Quality Employment Opportunities for Residents Number of Trade Shoves/Business Attraction Events NA 3 3 4 12 Retention and Expansion of Existing Businesses Number of TVEE incubator companies NA NA 4 8 15 (avg.) Retention and Expansion of Existing Businesses Number of graduated TVEE incubator companies NA NA NA NA 5 Retention and Expansion of Existing Businesses Number of media, networking events, speaking events, tradeshows NA NA NA 10 15 (avg.) Diversify the city's revenue base to ensure stability in any economic climate Pursue Corporate Sponsorship Opportunities NA NA 2 4 6 (avg.) 63 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER Division/Program: HUMAN RESOURCES SERVICES • Benefits —Assist employees in utilizing employer-provided benefits to enhance their health, wellness, and quality of life. • Employment — Establish and maintain equitable systems of classification and compensation, recruitment and selection, training, and performance management. • Risk Management — Establish and maintain a safe and healthy work envir onment by maintaining: open lines of communication throughout the organization; compliance with established federal, state and local regulations; and, best practices in preventing safety and legal risk. • Labor & Employee Relations — Facilitate a collaborative, professional working environment with all represented and unrepresented staff. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Maintained quality service levels in all programs, including Recruitment, Employment, Benefits, and Workers' Compensation functions, through a 100% turnover transition in the Human Resources Department, and unprecedented employee relations and recruitment demands. • Maintained effective labor relations through a successful re -opener negotiation, and during successor MOU negotiations. • Stabilized organizational effectiveness and employee morale with extraordinary employee relations efforts. • Continued progress toward completion of a Citywide Classification and Compensation Study. • Continued progress toward a comprehensive update of City Personnel Policies and Administrative Guidelines. • Implemented an Administrative Guideline to establish and maintain Employment Eligibility Lists following recruitment and selection processes, which effectively created uniform process for hiring all employees (e.g., Regular, Project, etc.). • Initiated training and implementation of NeoGOV for recruitment management. 64 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY MANAGER Division/Program: HUMAN RESOURCES OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year LongTerm Goal Increase operational efficiency by fully implementing NeoGOV to manage recruitment & selection, and performance management 6/30/14 Accountable and Responsive City Government: Maintain overall sound fiscal policies Update personnel policies by preparing centralized personnel rules for City Council adoption 6/30/14 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Implement the updated Classification Plan, which is anticipated to be prepared by June 30, 2013 6/30/14 Accountable and Responsive City Government: Foster an organizational structure that matches activity to demand PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Foster an organizational structure that matches activity to demand Number of management staff trained on the use of NeoGov (to manage recruitment & selection, and performance management) N/A N/A 25% 75% N/A Provide transparency to the public for all government transactions Present comprehensive personnel rules for adoption by City Council N/A N/A N/A 100% N/A Foster an organizational structure that matches activity to demand Work with City Council, the City Manager, and represented and unrepresented labor groups to establish an implementation schedule for the updated classification plan N/A N/A N/A 100% N/A 65 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY CLERK MISSION The mission of the City Clerk's Department is to serve as the Clerk to the Temecula City Council by managing, disseminating and maintaining the public records of the City Council; maintaining custody of the City Seal; authenticating official papers and instruments requiring certification; providing technical and clerical services for meetings; keeping all ordinances, resolutions, rules, and regulations for all City agencies; and conducting all elections for the City of Temecula in accordance with the City Municipal Code and the laws of the State. ORGANIZATIONAL CHART CITY CLERK Susan W. Jones MEETINGS AND ELECTIONS Council / Commission Support Elections and Fair Political Practices Commission (FPPC) Filings Legislative History Agenda Process Contracts / Agreements Process 66 RECORDS MANAGEMENT Archival, Retrieval and Research Public Records Requests Document Destruction Document Scanning City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY CLERK EXPENDITURES BY CATEGORY Program: City Clerk Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 732,852 $ 791,130 $ 665,470 $ 701,091 $ 35,621 5.4% Operations & Maintenance 258,045 $ 332,943 362,430 321,339 (41,091) -11.3° Capital Outlay - - - - 0.0% Total $ 990,897 $ 1,124,073 $ 1,027,900 $ 1,022,430 $ (5,470) -0.5% PERSONNEL ALLOCATION Authori zed Proposed Personnel Allocation 2012-13 Changes 2013-14 Unfunded CITY CLERK Administrative Assistant (Confidential) 1.00 0.00 1.00 0.00 City Clerk 1.00 0.00 1.00 0.00 Office Specialist 3.00 0.00 3.00 0.00 Records Manager 1.00 0.00 1.00 0.00 Total 6.00 0.00 6.00 0.00 67 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY CLERK Division/Program: MEETINGS AND ELECTIONS SERVICES • Provide City Council support by writing proclamations and presentations, manage City-wide electronic City Council agenda process and meeting noticing requirements, maintain legislative history, manage the filing of contracts and agreements, resolutions, ordinances, minutes, document recordings, and provide information to the public. • Conduct all municipal elections, including Measures for Initiative (or Referendum Petitions), and participate and initiate voter outreach programs, as well as collect, review, and manage all campaign filing forms. • Provide City Commission support by filling commission positions and advertising for openings. • Regularly update the City of Temecula Municipal Code and ensure it is available to all citizens through the City's website. • Work with the Fair Political Practices Commission to ensure all City Council members, employees, committee members, and candidates, are in compliance with reporting requirements. ACCOMPLISHMENTS for Fiscal Year 2013-14 • Accepted and made available all Statements of Economic Interests and Campaign Finance disclosure forms, including all disclosures required of the City Council Members. • Developed comprehensive written policies, procedures, and guidelines to address operational requirements. • Converted ordinance resolution, and minute binders into a more environmentally sustainable and cost-effective media within the restraints of the law. • Modified and improved Youth in Government Program for 2012-13 Fiscal Year, providing the community and its youth with a better working knowledge of local government. 68 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY CLERK Division/Program: MEETING AND ELECTIONS OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Develop written procedures and guidelines for recognizing community groups, non- profit organizations, and individual citizens for their contributions to the City Nov. 2014 Accountable and Responsive City Government: Promote community involvement Fully implement technology for more efficient digital distribution of agenda and agenda materials for City Council, staff, and the public Jan. 2014 A Sustainable City: Continue to reduce solid waste diversion to landfill PERFORMANCE MEASURE(S) for Fiscal Year 2012-13 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Foster an organizational structure that matches activity to demand Fully deploy new technology to increase efficiency and reduce staff time regarding delivery of electronic agenda to City Council and Staff N/A N/A N/A 80% 100% (avg.) Foster an organizational structure that matches activity to demand Approve all minutes at regularly scheduled City Council meetings with a 98% accuracy level (no amendments) 90% 95% 95% 95% 99% (avg.) Foster an organizational structure that matches activity to demand Deliver and post all City Council Agendas 96 hours prior to meeting (72 hours required by law) 90% 95% 95% 95% 99% (avg.) 69 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY CLERK Division/Program: RECORDS MANAGEMENT SERVICES • Provide open access to complete and accurate public documents for both internal and external customers. • Manage and track all public records requests, as well as provide archiving, retrieval and researching of all city records. • Manage and update the City Council adopted City Records Retention Policy and the City- wide Temecula Unified Function Filing System (TUMF). • Manage the Records Retention Schedule to ensure the scheduled destruction of records that have reached their destruction date, thus reducing storage costs. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Identified and purchased Records Request Tracking Software to better maintain an audit trail of activities of and provide search abilities on frequent and previous requests. • Developed comprehensive written policies, procedures, and guidelines to address operational requirements. • Replaced large -format scanner and software to more efficiently manage electronic records. OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Relocate City's record storage to City- owned facility 12/31/13 Accountable and Responsive City Government: Maintain overall sound fiscal policies Replace two desk -top scanners to improve scanning efficiency 6/30/14 A Sustainable City: Continue to reduce solid waste diversion to landfills 70 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY CLERK Division/Program: RECORDS MANAGEMENT PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Maintain overall sound fiscal policies Scan and quality check 250 boxes of backlogged records in order to reduce costs by eliminating the need for an off-site facility 200 175 200 250 300 (avg.) Provide transparency to the public for all government transactions Respond with the legal 10- day Public Records Act deadline to all Records Requests Within 9 days 10 days 9 days 9 days 9 days (avg.) 71 ■ City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY ATTORNEY MISSION The mission of the City Attorney's Office is to provide quality, timely, and cost-effective legal analysis, opinion, and advice to the City's elected officials, departments, appointed commissions and boards on a broad range of legal, administrative, legislative, and procedural matters, including application of constitutional, statutory, administrative, and local government law. The City Attorney's Office strives to effectively provide timely research, analysis, evaluation, and drafting of legal and other documents necessary to the accomplishment of the City's municipal functions and goals. The City Attorney's mission includes representation of the City in judicial, administrative, and appellate proceedings in an efficient and cost-effective manner. ORGANIZATIONAL CHART CITY COUNCIL CITY ATTORNEY Peter M. Thorson CITY MANAGER Aaron Adams 72 ■ City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY ATTORNEY EXPENDITURES BY CATEGORY Program: City Attorney Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Operations & Maintenance $ 628,892 $ 581,297 $ 791,300 $ 741,300 $ (50,000) -6.3% Capital Outlay - - - - - 0.0% Total $ 628,892 $ 581,297 $ 791,300 $ 741,300 $ (50,000) -6.3% 73 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY ATTORNEY Division/Program: CITY ATTORNEY SERVICES • Serves as legal advisor to the City Council, City Manager, and the various City Departments, Commissions, Committees, and Boards. • Prepares and approves the majority of proposed City ordinances, resolutions, contracts, and other legal documents. • Represents the City in all litigation. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Provided sound legal counsel to the City Council, City Manager, City Staff, Commissions, Committees, and Boards on matters concerning the City and administration of City policy. • Rendered legal advice to City Council and City Staff on City matters in a mariner that permitted timely and appropriate action. • Reviewed and advised City Staff on court decisions and laws that affect City operations. • Advised and represented the City on litigation matters. • Reviewed ordinances, resolutions, contracts and agreements. 74 City of Temecula Annual Operating Budget Fiscal Year 2013-14 CITY ATTORNEY Division/Program: CITY ATTORNEY OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value: Long Term Goal Provide legal to the City sound counsel Council, City Manager, City Staff, Commissions, Committees, and Boards on matters concerning the City and administration of City policy June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Render legal advice to City Council and City Staff on City matters in a manner that permits timely and appropriate action June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Review and advise City Staff on court decisions and laws that affect City operations June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Advise and represent the City on litigation matters June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Review ordinances, resolutions, contracts and agreements. June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Develop comprehensive written policies, procedures, and guidelines to address operational requirements. June 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies 75 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE MISSION The Primary responsibilities of the Finance Department include cash and investment management, financial reporting, preparation of the Annual Operating Budget, internal audit, payroll, accounts receivable, financial oversight, business licensing, purchasing and contracting, risk management, financial management of Police and Fire contracts, and administration of all City funds and accounts. ORGANIZATIONAL CHART FINANCE DIRECTOR Jennifer Hennessy FINANCE SUPPORT SERVICES Procurement Debt Administration BUDGETING Operating Five Year Forecasting Animal Control Contract Administration Police and Fire Contract Administration 76 FINANCIAL REPORTING Accounts Payable Accounts Receivable General Ledger Maintenance Annual Reports Payroll REVENUE MANAGEMENT Cash and Investments Business License and Cashier Grants City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE EXPENDITURES BY CATEGORY Program: Strategic Budgeting and Operations Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ - $ - $ 779,364 $ - $ (779,364) 0.0% Operations & Maintenance - - 228,396 - (228,396) 0.0% Capital Outlay - - - - - 0.0% Total $ $ - $ 1,007,760 $ - $ (1,007,760) 0.0% Program: Finance Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 1,534,095 $ 1,646,095 $ 968,422 $ 1,690,250 $ 721,828 74.5% Operations & Maintenance 445,946 542,897 338,477 578,061 239,584 70.8% Capital Outlay - - - - - 0.0% Total $ 1,980,041 $ 2,188,992 $ 1,306,899 $ 2,268,311 $ 961,412 73.6% Program: Animal Control Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Operations & Maintenance $ 156,000 $ 295,031 $ 443,000 $ 472,581 $ 29,581 6.7% Capital Outlay - - - - - 0.0% Total $ 156,000 $ 295,031 $ 443,000 $ 472,581 $ 29,581 6.7% 77 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE PERSONNEL ALLOCATION Authorized Personnel Allocation 2012-13 Changes Proposed 2013-14 Unfunded STRATEGIC BUDGETING AND OPERATIONS Administrative Assistant 0.75 -0.75 0.00 0.00 Finance Director 1.00 -1.00 0.00 0.00 Fiscal Services Manager 0.75 -0.75 0.00 0.00 Revenue Manager 1.00 -1.00 0.00 0.00 Senior Management Analyst 0.50 -0.50 0.00 0.00 Total 4.00 -4.00 0.00 0.00 FINANCE Administrative Assistant Accountant (Confidential) Accounting Assistant Accounting Manager Accounting Specialist Accounting Specialist - Payroll Business License Specialist /Cashier Finance Director Purchasing Coordinator II Revenue Manager Senior Debt Analyst Senior Management Analyst Total Grand Total 0.00 1.00 1.00 1.00 2.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 9.00 13.00 78 1.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 1.00 0.00 0.50 3.50 -0.50 1.00 1.00 1.00 1.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 0.50 12.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.50 0.00 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: FINANCE SUPPORT SERVICES SERVICES ■ Review all City contracts and insurance certificates to ensure compliance with Public Contract Code and City Municipal Code. ■ Enhance online purchasing City wide through training and educating staff. ■ Review and pay all debt service invoices for all outstanding debt obligations. ■ Reimburse the City and Developers for all costs related to eligible CFD funded projects. ■ Complete all levy and disclosure reporting as required by the bond covenants. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Increased the number of online Request for Quotations used to purchase goods and equipment in order to reduce expenses. ■ Automated the purchase order change order process. ■ Implemented the Local Vendor Preference Program and completed a study to pursue future improvements to the program. ■ Refinanced three City Community Facilities Districts with a total principal balance of over $25,000,000 saving the property owners over 10% on their City Mello Roos taxes. ■ Continued to enhance the City's debt webpage to provide important tax and debt related information to residents. 79 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: FINANCE SUPPORT SERVICES OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Finalize the plan for the implementation of the Procurement Card ("P -Card") system in order to streamline the competitive purchase of commodities and supplies December 2013 Accountable and Responsive City Government: Maintain overall sound fiscal policies Apply for City's First Achievement of Excellence in Purchasing Award May 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies Review all debt issuances outstanding for possible refinancing opportunities June 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies Perform bond calls to reduce future special taxes in CFD's September 2013 Accountable and Responsive City Government: Maintain overall sound fiscal policies PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Maintain overall sound fiscal policies Purchase Orders Processed 2,600 2,072 2,200 2,000 1800 Maintain overall sound fiscal policies Bids Processed Online 50 51 60 75 80 Maintain overall sound fiscal policies Purchase Orders processed within 2 days 100% 100% 100% 100% 100% Maintain overall sound fiscal policies Number of Bond Draw Requests 15 24 28 25 24 80 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: BUDGETING SERVICES • Annual Operating Budget, Capital Improvement Program, and Five Year Forecast Budgets. • Review all contract charges by Police, Fire and Animal Control contract entities. • Prepare Fire, Police and Animal Control Operating Budgets. • Coordinate the documentation of all Performance Measures and Objectives throughout City Departments. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Prepared a grant application on behalf of the Police Department and received funding for DUI Enforcement operations. • Coordinated with all City departments to prepare a balanced budget, Capital Improvement Program, and five year projection. • Prepared comprehensive CIP and Annual Operating Budget documents and presentations that addressed all California Society of Municipal Finance Officers (CSMFO) and Government Finance Officers' Association (GFOA) ranking criteria. • Received awards from the GFOA and CSMFO for Excellence in Budgeting and Distinguished Budget Presentation. • Created and implemented a personnel cost projection database in Microsoft Access that accurately projects salary and benefits for all staff, greatly streamlining the process. 81 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: BUDGETING OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Coordinate with all City departments to prepare a balanced budget and five year budget projection. June 2014 Accountable and Responsive City Government Provide Transparency to the Public for All Government Transactions Research an integrated performance measures process that will provide accountability with minimal administrative burden. December 2013 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies Add additional functional reports and modules to the cost projection database to include contract cost tracking and reports for Human Resources November 2013 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies Further streamline the performance measurement budget section in order to receive Special Performance Measure recognition by the GFOA. June 2014 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Maintain Overall Sound Fiscal Policies CSMFO Award Winning Annual Operating Budget and Capital Improvement Program Budgets 2 2 2 2 2 Maintain Overall Sound Fiscal Policies GFOA Award Winning Annual Operating Budget 1 1 1 1 1 82 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: FINANCIAL REPORTING SERVICES ■ Prepare Annual Comprehensive Annual Financial Report, State Reports and Quarterly Financials. ■ Process Biweekly Payroll and yearly W-2 reporting. ■ Prepare weekly checks for vendor payments and yearly 1099 Filing. ■ Maintain and update general ledger accounts for budget preparation and financial reports. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Received the Certificate of Achievement for Excellence in Financial Reporting on the City's fiscal year 2010-11 Comprehensive Annual Financial Report. ■ Submitted the Comprehensive Annual Financial Reporting (CAFR) for fiscal year ending June 30, 2012 to Government Finance Officers Association (GFOA) for participation in its Awards Program. ■ Prepared various annual required State reports such as the Annual State Controller's Report for the City of Temecula, Temecula Community District (TCSD), and the Annual Street Report. ■ Facilitated numerous annual audits such as the City's Annual Audit, the Riverside County Transportation Commission (RCTC) Measure A Audit, The Western Riverside Council of Governments (VVRCOG) Transportation Uniform Mitigation Fee (TUMF) Audit, and the State Gas Tax Audit to ensure transparency and responsible use of City funds. ■ Prepared internal Quarterly Financial Statements for ongoing oversight and review by City management. ■ Completed Payroll training with all departments. 83 7 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: FINANCIAL REPORTING OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Research Automating Electronic Timesheets December 2013 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies Research Automating Accounts Payable Invoices June 2014 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies Research Automating Financial Reports June 2014 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies Complete Eden training to Users as needed June 2014 Accountable and Responsive City Government Maintain Overall Sound Fiscal Policies PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Provide Transparency to the Public for All Government Transactions GFOA Award Winning CAFR documents prepared with Unqualified Opinions 1 1 1 1 1 Provide Transparency to the Public for All Government Transactions State Reports Prepared 6 6 6 6 6 Provide Transparency to the Public for All Government Transactions Internal Financial Statements Prepared 12 12 12 12 12 84 City of Temecula Preliminary Annual Operating Budget Fiscal Year 201 3-1 4 FINANCE Division/Program: REVENUE MANAGEMENT SERVICES ■ Manage and develop annual and five year revenue estimates for City funds and programs, provide oversight of City's internal controls and manage annual audit requirements. ■ Manage the issuance and renewal of business licenses for businesses operating in the City. ■ In accordance with Investment Policy, manage cash and investments focusing on safety and liquidity, as well as return on investment. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Adopted annual investment policy which focuses on safety and liquidity, as well as return on investment. ■ Completed the annual business license renewal program and implemented Senate Bill 1186 which required an additional $1 fee added onto the business license fee as enacted and mandated by the State of California. ■ Managed Due Diligence Reviews and Agreed Upon Procedures as a result of the State's dissolution of the City of Temecula's Redevelopment Agency. 85 7 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 FINANCE Division/Program: REVENUE MANAGEMENT OBJECTIVE(S) for Fiscal Year 2013-14 7 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Implement a Business License verification process to ensure all vendors doing business with the City obtain a valid business license June 2014 Accountable and Responsive City Government Provide Transparency for the Public for All Government Transactions Implement a new cashiering and business license system July 2014 Accountable and Responsive City Government Provide Transparency for the Public for All Government Transactions PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal 6. Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target mrikOMI Year Target Accountable and Responsive City Government Provide Transparency to the Public for All Government Transactions Number of business licenses issued 8,500 8,000 8,500 8,500 8,500 Accountable and Responsive City Government Provide Transparency to the Public for All Government Transactions Number of on-line business license renewals 1,800 1,100 1,800 1,800 1,800 Accountable and Responsive City Government Provide Transparency to the Public for All Government Transactions Monthly Treasurer's Reports completed and distributed within 30 days of month end 100% 100% 100% 100% 100% 86 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT MISSION Community Development is a multi -disciplinary department providing a range of planning, development services, and affordable housing and related programs to citizens, elected officials, appointed boards, commissions, and City Departments. The department ensures that all development is consistent with the Municipal and Building Codes, the goals of the community, life safety, and neighborhood preservation. This includes adequate affordable housing and providing social service programs. ORGANIZATIONAL CHART DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT Patrick Richardson CURRENT AND LONG RANGE PLANNING AND PERMIT CENTER CURRENT PLANNING Development Review Public Information CEQA Management PERMIT CENTER Plan Processing Permit Issuance Public Information LONG RANGE PLANNING General Plan Ordinance Development CEQA Management Agency Review 87 BUILDING & SAFETY Plan Review and Processing Inspection Services Code Enforcement Public Information Permit Issuance HOUSING Affordable Housing Compliance Processing and Monitoring Land Acquisition Affordable Housing Project Development Capital Projects Community Development Block Grant (CDBG) City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT EXPENDITURES BY CATEGORY Program: Planning Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 1,190,935 $ 953,415 $ 1,061,937 $ 1,337,773 $ 275,836 26.0% Operations & Maintenance 830,193 882,218 674,643 621,991 (52,652) -7.8% Capital Outlay - 0.0% Total $ 2,021,128 $ 1,835,633 $ 1,736,580 $ 1,959,764 $ 223,184 12.9% Program: Building and Safety Funding Source: General Fund Actual Actual Budgeted Requested % Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 1,640,073 $ 1,347,532 $ 1,411,495 $ 1,268,072 $ (143,423) -10.2% Operations & Maintenance 537,390 473,398 606,391 509,504 (96,887) -16.0% Capital Outlay - - - - - 0.0% Total $ 2,177,463 $ 1,820,930 $ 2,017,886 $ 1,777,576 $ (240,310) -11.9% PERSONNEL ALLOCATION Authorized Proposed Personnel Allocation 2012-13 Changes 2013-14 Unfunded PLANNING Administrative Assistant 0.50 0.00 0.50 0.00 Assistant Planner 0.75 0.25 1.00 0.00 Associate Planner 1.00 0.50 1.50 0.00 Community Development Director 0.50 0.00 0.50 0.00 Community Development Technician 3.00 0.00 3.00 0.00 Development Processing Coordinator 1.00 0.00 1.00 0.00 Senior Management Analyst 1.00 0.00 1.00 0.00 Senior Planner 1.25 0.00 1.25 0.00 Total 9.00 0.75 9.75 0.00 BUILDING AND SAFETY Administrative Assistant 0.50 Building Inspector II 4.50 Building Official 1.00 Code Enforcement Officer I 2.00 Code Enforcement Officer 11 1.00 Community Development Director 0.25 Office Specialist 2.00 Park Ranger 2.00 0.00 -0.50 0.00 0.00 0.00 0.00 0.00 -2.00 0.50 4.00 1.00 2.00 1.00 0.25 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 13.25 -2.50 10.75 0.00 Grand Total 22.25 -1.75 88 20.50 0.00 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: CURRENT PLANNING AND PERMIT CENTER SERVICES • Provide development and environmental review services for development projects. • Provide planning related analysis and recommendations to Planning Commission and City Council for issues related to development applications. • Process building permits, including initial application, plan check, issuance, and records retention. • Guide and educate customers on building permit requirements, and residential development code to ensure code compliance and a seamless permitting process for the applicants. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Successfully processed and issued over 2,500 building permits including the Campanula Apartments at Paseo Del Sol, Emery II at Harveston, Portola Terraces, a mixed use development at 3rd and Front Street, and several new restaurants. • Processed all final building permits and plans for records retention within 30 days of completion. • Processed and issued permits for the expansion of the Hines Mazda Subaru Dealership to be completed in July 2013. • Processed and issued grading and building permits for the construction of a new Mercedes Benz Dealership. • Initiated an update the Multi -Use Trails and Bikeways Master Plan and held community workshops to promote the project and educate the public. • Prepared and submitted an application for the City of Temecula to be recognized as a Bicycle Friendly Community. (Announcement pending) • Successfully processed permits for the opening of five new restaurants in the Promenade Mall Area including Famous Dave's, The Broken Yolk, My Big Fat Greek Restaurant, Karl Strauss, and Cellars 47. 89 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: CURRENT PLANNING AND PERMIT CENTER OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Work with the Information Technology department to refine permit processing for the implementation of EnerGov permitting software June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Continue to work with the Information Technology department to update the Permit Center Website to include all handouts for the public December 2013 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Create an online process for selected permits in conjunction with EnerGov permitting software March 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Provide project management during construction and opening of the new Mercedes Benz Dealership April 2014 Economic Prosperity: Continue to pursue high quality employment opportunities for Temecula Residents; Fill gaps in market sectors that increase sales tax revenue Collaborate with Building and Safety to conduct training to educate the Permit Technicians on over the counter plan check for room additions under 500 square feet and garage conversion permits June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Stripe 7 miles of bike lanes throughout the City December 2013 Transportation Mobility and Connectivity: Connect the City through a series of trails and walkways Update Multi -Use Trails and Bikeways Master Plan March 2014 Transportation Mobility and Connectivity: Connect the City through a series of trails and walkways Process and issue up to 400 building permits for single family residential units in the Roripaugh panhandle March 2014 Economic Prosperity: Promote a jobs/housing balance Train all department employees on new EnerGov permitting software June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions 90 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: CURRENT PLANNING AND PERMIT CENTER PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Accountable and Responsive City Government: Provide transparency to the public for all government transactions Run all monthly reports for external agencies by the 10th of the following month NA NA NA 100% 100% (avg.) Accountable and Responsive City Government: Provide transparency to the public for all government transactions Percentage of all customer requests responded to within 24 hours NA NA NA 100% 100% (avg.) Accountable and Responsive City Government: Provide transparency to the public for all government transactions Percentage of updated Permit Center handouts NA NA NA 100% 100% (avg.) Transportation Mobility and Connectivity: Connect the City through a series of trails and walkways Number of miles of bike lanes striped in the City NA NA NA 7 20 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Issue all comment letters within 30 days of receipt of application NA NA NA 100% 100% (avg.) 91 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: LONG RANGE PLANNING SERVICES ■ Provide environmental review services for future development projects. ■ Conduct legislative analysis and implementation to maintain compliance with all applicable state and federal laws. ■ Provide planning related analysis and recommendations to community, City staff, and City Council for issues related to current and future development. ■ Engage in all planning processes regarding future development of the City and region. ■ Administer solid waste agreement to ensure efficient solid waste removal and recycling. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Completed initial visioning workshops for Jefferson Avenue Specific Plan (Envision Jefferson) and commenced public stakeholder meetings. ■ Initiated the draft of the Jefferson Avenue Specific Plan (form based code) and Program Environmental Impact Report (EIR). ■ Completed the 2014-2021 Housing Element Update. ■ Completed the Housing Element Housing Programs Annual Progress Report (APR). ■ Adopted a Residential Code Amendment update. 92 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: LONG RANGE PLANNING OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Hold series of public meetings with stakeholders to present sections of the draft Uptown Jefferson Specific Plan September 2013 A Sustainable City: Promote and encourage mixed-use infill developments; Encourage alternative transportation options; Promote a walkable community Adopt Uptown Jefferson Specific Plan January 2014 A Sustainable City: Promote and encourage mixed-use infill developments; Encourage alternative transportation options; Promote a walkable community Economic Prosperity: Continue to Pursue High Quality Employment Opportunities for Temecula Residents; Create business friendly regulatory environment Have 2014-2021 Housing Element Certified by the State Department of Housing and Community Development December 2013 Healthy and Livable City: Provide housing types for all income levels in the community PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Accountable and Responsive City Government: Provide transparency to the public for all government transactions. Update one element (Housing) for the General Plan. NA NA NA 1 10 93 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: BUILDING & SAFETY SERVICES • Promote life, health, and fire safety standards adopted through California Building Codes. • Provide plans examination and building inspections to applicants seeking to improve their property. • Provide commercial and residential neighborhood preservation to ensure a high quality standard of living and sustainability in communities. • Identify substandard housing to promote life, health and safety standards. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Simplified the in-house photovoltaic plan review for code compliance through the use of electrical voltage formulas allowing an accelerated plan review. • Created construction standards for Temecula Community Services District (TCSD) to utilize in City Hall performances settings of stages, bleachers, and ADA accessibility. • Documented all green residential and commercial city energy efficient neighborhoods in association with construction permitted sustainable conservation devices and designs. • Conducted and completed over 900 cases and 21,000 inspections. 94 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: BUILDING & SAFETY OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Adopt the 2013 California Building Codes November 2013 A Safe and Prepared Community: Minimize the impact to life, property, and the environment from natural hazards and emergency situations Update all permit center construction handouts to the 2013 California Building Codes January 2014 A Safe and Prepared Community: Minimize the impact to life, property, and the environment from natural hazards and emergency situations Coordinate training with permit technicians for the 2013 California Building Codes March 2014 A Safe and Prepared Community: Minimize the impact to life, property, and the environment from natural hazards and emergency situations Continue to develop an electronic tracking system for code enforcement cases May 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Continue to develop more efficient electronic weed abatement tracking and recorded keeping of properties abated June 2014 Accountable and Responsive City Government: Provide transparency to the public for all government transactions 95 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: BUILDING & SAFETY PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Accountable and Responsive City Government: Provide transparency to the public for all government transactions Number of initial plan reviews completed NA NA NA 500 1400 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Number of inspections performed NA NA NA 21,000 100,000 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Number of workshops provided for active developers in the City NA NA NA 3 15 Accountable and Responsive City Government: Provide transparency to the public for all government transactions Number of processed and completed code cases NA NA NA 825 4100 A Safe and Prepared Community: Minimize the impact to life, property, and the environment from natural hazards and emergency situations Number of properties assessed for weed abatement NA NA NA 100 500 A Safe and Prepared Community: Continue to aggressively mitigate graffiti and vandalism Number of graffiti cases reported and abated NA NA NA 30 100 96 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: HOUSING SERVICES ■ Provide affordable housing services and programs to assist residents who qualify based on need. ■ Administer the affordable housing compliance program to assure rules and regulations are being followed at all affordable housing developments monitored by the City. ■ Identify, negotiate and enter into funding agreements for the construction of affordable housing units. ■ Administer the Community Development Block Grant Program (CDBG) which provides funding for community based services and capital infrastructure projects. ■ Administer the Successor Agency to the Temecula Redevelopment Agency to wind down the obligations of the former Temecula Redevelopment Agency. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Continued to successfully monitor all affordable housing developments for compliance with contractual obligations. ■ Successfully funded the Portola Terrace Apartment development consisting of 44 affordable housing units. ■ Continued to successfully administer the wind -down of the former Temecula Redevelopment Agency. ■ Successfully administered the Community Development Block Grant Program in the first year as an entitlement community. ■ Provided CDBG funding to five social service agencies. 97 City of Temecula Annual Operating Budget Fiscal Year 2013-14 COMMUNITY DEVELOPMENT Division/Program: HOUSING OBJECTIVE(S) for Fiscal Year 2013-14 it 0 One -Time Objectives Estimated CompletionTerm Date QLMP Core Value Five Year Long Goal Fund the remodel of the Temecula Community Center with CDBG funds June 2014 Healthy and Livable City: Promote high quality recreational programs, parks, and cultural services; Maintain a safe and family oriented environment Fund the rehabilitation of the Sam Hicks Monument Park playground June 2014 Healthy and Livable City: Promote high quality recreational programs, parks, and cultural services; Maintain a safe and family oriented environment Complete the Successor Agency Property Management Plan June 2014 Accountable and Responsive City Government: Provide transparency for the public regarding all governmental transactions Seek and secure funding for housing for adults with special needs June 2014 Healthy and Livable City: Provide housing for all income types in the community "PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Healthy and Livable City: Provide housing for all income types in the community Enter into a contract with a supportive housing partner NA NA NA 1 1 98 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS MISSION The mission of the Public Works Department is to provide quality services that support the infrastructure demands of the City of Temecula and enhance the safety, welfare and aesthetic environment of the residents, businesses and visitors. This is accomplished through the development and maintenance of City streets, sidewalks, traffic systems, bike lanes, parks, buildings, trails and drainage facilities; professional engineering oversight of public and private improvement projects; and implementation of erosion/sediment controls and storm water quality measures. ORGANIZATIONAL CHART DIRECTOR OF PUBLIC WORKS / CITY ENGINEER Greg Butler ENGINEERING MAINTENANCE LAND DEVELOPMENT Permits and Development Inspection FEMA Project and Floodplan Administration Bond Administration and Map Recordation NPDES Compliance and Inspection Development Plans Check and Review Conditions Planning Commission TRAFFIC ENGINEERING Traffic/Safety Commission Speed Surveys Traffic Signal Maintenance and Timing Traffic Analysis and Census Public Service Requests Traffic Impact Analysis/Review Traffic Control Plans CAPITAL PROJECTS ADMINISTRATION Project Development, Management, and Inspection Grant Application and Administration Plans and Specifications Requests for Proposals and Public Bidding Assessment and CFD Districts Measure A and TUMF Administration 99 STREET MAINTENANCE Asphalt/Concrete Maintenance Signing/Striping Tree Trimming and Weed Abatement Drainage Channels/Catch Basins Public Service Requests and Graffiti Removal Special Events and Emergency Service Response FAC LITY MAINTENANCE Building Maintenance and Rehab Old Town Facilities Custodial Services Public Service Requests PARK AND LANDSCAPE MAINTENANCE Park/Trail Maintenance Median and Slope Maintenance Facility Landscape Maintenance Plan Check Review I I Special Events and Emergency Response CIP Projects Special Events and Emergency Service Responses i City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS EXPENDITURES BY CATEGORY Program: Land Development Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Program: Public Works Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Program: DIP Administration Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Program: Parks Maintenance Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Funding Source: General Fund Actual FY 2010-11 $ 1,182,386 219,398 Actual FY 2011-12 $ 877,998 245,809 Budgeted FY 2012-13 $ 894,680 242,561 Requested FY 2013-14 $ 916,584 291,232 $ Change Change $ 21,904 48,671 2.4% 20.1% 0.0% $ 1,401,784 $ 1,123,807 $ 1,137,241 $ 1,207,816 $ 70,575 6.2% Funding Source: Actual FY 2010-11 $ 2,125, 366 1,964,483 General Fund Actual Budgeted Requested % FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change $ 2,022,572 $ 2,149,252 $ 2,166,600 $ 17,348 0.8% 3,076,857 3,405,785 2,989,904 (415,881) -12.2% - 0.0% $ 4,089,849 $ 5,099,429 $ 5,555,037 $ 5,156, 504 $ (398, 533) -7.2% Funding Source: Actual FY 2010-11 $ 2,037,580 258,642 General Fund Actual FY 2011-12 $ 1,894,039 344,260 Budgeted FY 2012-13 $ 1,857,199 371,159 Requested FY 2013-14 $ 1,913,843 378,696 $ Change Change $ 56,644 7,537 3.0% 2.0% 0.0% $ 2,296,222 $ 2,238,299 $ 2,228,358 $ 2,292,539 $ 64,181 2.9% Funding Source: General Fund Actual Actual FY 2010-11 FY 2011-12 $ - $ $ Budgeted FY 2012-13 $ 927,271 2,946, 791 Requested FY 2013-14 $ Change Change $ 957,011 $ 29,740 100.0% 2,729,777 (217, 014) 100.0% - 0.0% $ $ 3,874,062 $ 3,686,788 $ (187, 274) 0.0% 100 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS ip PERSONNEL ALLOCATION A Authorized Proposed Personnel Allocation 2012-13 Changes 2013-14 Unfunded LAND DEVELOPMENT Administrative Assistant 0.25 0.00 0.25 0.00 Associate Engineer 2.00 0.00 2.00 0.00 Junior Engineer 1.00 0.00 1.00 0.00 Management Analyst 0.10 -0.10 0.00 0.00 Office Specialist 0.55 0.00 0.55 0.00 Public Works Director 0.15 0.00 0.15 0.00 Senior Engineer 0.90 0.00 0.90 0.00 Senior Management Analyst 0.00 0.10 0.10 0.00 Senior Public Works Inspector 0.75 0.00 0.75 0.00 Special Projects Engineer 1.00 0.00 1.00 0.00 Total 6.70 0.00 6.70 0.00 PUBLIC WORKS Administrative Assistant 0.40 0.00 0.40 0.00 Assistant Signal Technician 1.00 0.00 1.00 0.00 Assistant Engineer 1.00 0.00 1.00 0.00 Associate Engineer 2.00 0.00 2.00 0.00 Lead Maintenance Worker 4.10 0.00 4.10 0.00 Maintenance Superintendent 1.05 0.00 1.05 0.00 Maintenance Worker 5.00 0.00 5.00 0.00 Management Analyst 0.40 -0.40 0.00 0.00 Office Specialist 0.50 0.00 0.50 0.00 Public Works Director 0.40 0.00 0.40 0.00 Public Works Inspector 0.50 0.00 0.50 0.00 Senior CIP Specialist 0.20 0.00 0.20 0.00 Senior Engineer 0.10 0.00 0.10 0.00 Senior Management Analyst 0.00 0.40 0.40 0.00 Senior Office Specialist 1.00 0.00 1.00 0.00 Senior Public Works Inspector 0.25 0.00 0.25 0.00 Senior Signal Technician 1.00 0.00 1.00 0.00 Total 18.90 0.00 18.90 0.00 CIP ADMINISTRATION Administrative Assistant 0.30 0.00 0.30 0.00 Assistant Engineer 1.00 0.00 1.00 0.00 Associate Engineer 3.00 0.00 3.00 0.00 Construction Manager 1.00 0.00 1.00 0.00 Management Analyst 0.45 -0.45 0.00 0.00 Office Specialist 0.95 0.00 0.95 0.00 Principal Engineer 1.00 0.00 1.00 0.00 Public Works Director 0.25 0.00 0.25 0.00 Public Works Inspector 0.50 0.00 0.50 0.00 Senior CIP Specialist 0.60 0.00 0.60 0.00 Senior Engineer 2.00 0.00 2.00 0.00 Senior Management Analyst 0.00 0.45 0.45 0.00 Senior Public Works Inspector 2.00 0.00 2.00 0.00 Total 13.05 0.00 13.05 0.00 PARKS MAINTENANCE Facility Services Manager Landscape Inspector Lead Maintenance Worker Maintenance Manager Maintenance Worker Office Specialist Park/Landscape Maintenance Supervisor Public Works Director Senior CIP Specialist Senior Landscape Inspector Total Department Total 0.50 0.75 2.00 0.95 1.90 0.30 0.70 0.10 0.20 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 0.00 46.65 0.00 0.50 0.75 2.00 0.95 1.90 0.30 0.70 0.10 0.20 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 0.00 46.65 0.00 Note: Operational responsibility for Facilities is under Public Works. The Operational Budget Summaries, Expenditures by Category and Personnel Allocation are located under the Internal Services Funds section. 101 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: LAND DEVELOPMENT SERVICES ■ Provide plan check and engineering review and approval of parcel maps, subdivision maps and construction plans, as required by the Subdivision Map Act. Ensure National Pollutant Discharge Elimination System (NPDES), Federal Emergency Management Agency (FEMA), and code compliance with applicable engineering and City standards. Review planning applications to enforce the implementation of proper mitigation measures, conditions and code requirements. ■ Provide NPDES engineering reviews, inspections and oversight for the development community to ensure proper measures are considered during the development (planning/construction) process to meet State and Federal NPDES regulations and requirements. ■ Provide inspection oversight services for private development construction activity for all streets, drainage facilities, parks and slopes to be included within City rights-of-way and maintenance areas. ■ Review and issue permits for encroachments into the public rights-of-way including private and public capital improvement construction activities, utility installation, repair work, special events, haul routes, etc. ■ Review of legal descriptions for property transactions and/or right-of-way acquisition, abandonment and easement requests. ■ Provide community outreach and education related to pollution prevention and water quality management specifically to address and meet NPDES compliance standards. 102 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: LAND DEVELOPMENT ACCOMPLISHMENTS for Fiscal Year 2012-13 • Completed the engineering, plan checking, initial inspection and oversight services for the development of the Mercedes Benz project and rough grading for the pan handle area (Tract 29661-1 through -4 and final) of the Roripaugh Ranch Specific Plan. • Completed amendments to Title 18 of the Temecula Municipal Code (Ordinance No. 13-01). Completed the "Engineering and Construction Manual" for administrative and technical procedures for construction, grading and encroachment to implement the provisions of Title 18 and to ensure compliance with current City standards. • Completed an update (dated October 2012) of the Public Works Improvement Standard Drawings for Public Works Construction to ensure accurate standards for improved business practices. • Completed the NPDES annual reporting which included a draft Hydromodification Management Plan (HMP), updates to the Water Quality Management Plan (VVQMP) guidelines/template and the Jurisdictional Runoff Management Plan (JRMP) as required by the MS4 permit. • Coordinated efforts with the Regional Water Quality Control Board and the Santa Margarita Region permittees to enhance monitoring components and develop special studies as required by the MS4 permit. • Completed amendments to Chapter 15.12 (Floodplain Damage Prevention Regulations) of Title 15 of the Temecula Municipal Code to minimize impacts of flood damage and institute effective floodplain management practices. • Completed revisions to the "Development Plan" Conditions of Approval (COA) by creating a more comprehensive template for said COAs to improve our development process. 103 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: LAND DEVELOPMENT OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Complete the City's storm drain database to ensure efficient record retention June 2014 A Safe and Prepared Community: Minimize the impact to life, property and the environment from natural hazards and emergency situations Study and implement NPDES requirements and fees to improve effectiveness and cost recovery associated with complying with the MS4 permit June 2014 A Safe and Prepared Community: Minimize the impact to life, property and the environment from natural hazards and emergency situations Develop comprehensive written policies, procedures and guidance to address effective operational requirements June 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2012-13 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Build and maintain highly functional and sustainable city facilities and infrastructure Perform development review within the established Community Development turn -around time 100% 85% 100% 100% 100% (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure Perform plan checking review within the established City turn - around -time for legal documents, final maps, Water Quality Master Plans, grading and improvement plans 100% 85% 100% 100% 100% (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure Issue permits within a reasonable time for grading, haul route and encroachment activities 100% 100% 100% 100% 100% (avg.) Provide transparency to the public for all government transactions Be available timely to assist the general public with front counter and incoming phone call inquiries 100% 90% 100% 100% 100% (avg.) 104 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: TRAFFIC ENGINEERING SERVICES • Maintain the Intelligent Transportation System (ITS) Network to provide for the efficient progression of traffic on the City's primary corridors. • Conduct an effective preventative maintenance program for traffic signal and communication equipment to minimize signal equipment failures. • Review proposed development plans to ensure consistency with the City's General Plan, Circulation Element and QLMP goals. • Review and respond to citizen requests for traffic control devices and traffic calming measures; with input from the Public/Traffic Safety Commission. • Ensure neighborhood and school area traffic safety by providing education through the Neighborhood Traffic Calming Program. • Monitor traffic conditions and develop proactive measures to provide for the safe and efficient movement of traffic on City arterials. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Conducted School Area Traffic Safety and Circulation Workshops for Twenty-one (21) school sites Citywide. • Implemented traffic calming measures to enhance neighborhood traffic safety as identified in the City's Neighborhood Traffic Calming Program. • Implemented bike lane striping to enhance connectivity to the City's Bicycle and Trail System. • Developed guidelines for the installation of accessible (audible) pedestrian signals to provide crossing assistance at signalized intersections. • Assisted in the development of the Jefferson Avenue Study Area roadway network and potential land uses. 105 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: TRAFFIC ENGINEERING OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Implement School Area Safety and Circulation Measures March 2014 Transportation Mobility and Connectivity Utilize effective traffic enforcement, traffic monitoring, and planning processes to ensure the safety of Temecula motorists Convert existing illuminated street name sign from fluorescent to LED or industry standard fixture June 2014 Accountable and Responsive City Government Build and Maintain Highly Functional and Sustainable Facilities and Infrastructure Develop roadway alternatives to support alternate modes of transportation and complete street network December 2013 A Sustainable City Encourage alternative transportation options Promote a walkable community Upgrade City's Emergency Vehicle Pre- em ption System June 2014 A Safe and Prepared Community Proactively address traffic improvements PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Proactively Address Traffic Respond to citizen 100% 100% 100% 100% 100% Improvements Generated traffic investigations (avg.) Target: 10 Days or Less 10 7 6 6 6 Utilize Effective Traffic Enforcement, Traffic Review traffic control and construction plans 100% 100% 100% 100% 100% (avg.) Monitoring, and Planning Process to Ensure the Safety of Temecula Motorists Target: 10 Days or Less 10 5 5 5 5 Proactively Address Traffic Improvements Respond to traffic signal complaints during business hours 100% 100% 100% 100% 100% (avg.) Target: 1 Hour or Less 1 30 Min. 30 Min. 30 Min. 30 Min. Proactively Address Traffic Improvements Respond to after hour call- out traffic signal malfunctions 100% 100% 100% 100% 100% (avg.) Target: 2 Hours or Less 2 1 1 1 1 Proactively Address Traffic Improvements Implement neighborhood traffic calming measures 100% 100% 100% 100% 100% (avg.) Target: 5 Per Year 5 5 5 5 5 106 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: CAPITAL PROJECTS ADMINISTRATION SERVICES ■ Project management and administration of all activities related to the City's Capital Improvement Program (CIP) involving design and construction contracts for roadways, bridges, flood control and drainage improvements, parks, buildings, etc. ■ Administration of assessment and special district design and construction projects. ■ Coordination with federal, state, regional and local agencies as they relate to design and construction of CIP projects. ■ Application for and administration of outside funding sources for CIP projects including federal, state, and local grants. ■ Monitor regional, state, and federal transportation initiatives to ensure City transportation interests are met. ■ Administration of all right-of-way acquisitions, negotiations, appraisal reviews, title and escrow services, and management of right-of-way consulting services. 107 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: CAPITAL PROJECTS ADMINISTRATION ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Completed construction of Butterfield Stage Road Improvements, Phase 1, from Murrieta Hot Springs Road to Calle Chapos, including final improvements on Murrieta Hot Springs Road. ■ Completed pavement rehabilitation and/or roadway enhancements along segments of Margarita Road (Project 2) and Ynez Road, Slurry Seal within Starlight Ridge and Paseo Del Sol, and Concrete Repairs at various locations throughout the City. ■ Completed construction of the Roripaugh Fire Station. ■ Completed establishment of the French Valley Parkway Environmental Mitigation area; design of the Pechanga Parkway Environmental Mitigation site. ■ Completed design and initiated construction of the French Valley Parkway Overcrossing/Interchange Improvement Project, Phase I; Main Street Bridge. ■ Completed design of the Temecula Community Center Renovation; Theater Remediation; Tennis Court Lighting at Great Oaks High School; Storm Drain Improvements on Old Town Front Street; Western Bypass Bridge. ■ Completed design of Phase I of Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, the environmental document, right-of-way acquisition of one more property required for the project and executed a settlement agreement with the tenant. ■ Completed replacement of Traffic Safety and Bridge lighting and Old Town Temecula Theater lights with energy efficient lights and upgraded the theater control equipment with state of the art components. ■ Completed replacement of the Ornamental Picket Fence at the Community Recreation Center (CRC); tenant improvements at Business Incubator and Resource Center. 108 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: CAPITAL PROJECTS ADMINISTRATION OBJECTIVE(S) for Fiscal Year 2013-14 • Complete construction of Phase 2 of Butterfield Stage Road from La Serena to Calle Chapos to improve roadway connectivity. Transportation Mobility and Connectivity — Continue to Maintain Local Roads and Streets — January 2014. • Complete construction of the French Valley Parkway Overcrossing/Interchange Improvement Project, Phase I on Interstate 15. Transportation Mobility and Connectivity — Continue to Maintain Local Roads and Streets — December 2013. • Complete pavement rehabilitation along segments of Rancho California Road, Winchester Road and Rancho Vista Road. Transportation Mobility and Connectivity — Continue to Maintain Local Roads and Streets — June 2014. • Replace existing Main Street Bridge with a new bridge to support reliable and safe access across Murrieta Creek at all times. Transportation Mobility and Connectivity — Continue to Maintain Local Roads and Streets —April 2014. • Coordinate with Riverside County Flood Control and the City of Murrieta on the implementation of the Murrieta Creek Flood Control Project to reduce the threat of flooding and minimize impacts to life, property and the environment; complete design and initiate construction of Flood Control Channel Reconstruction to protect City parks. A Safe and Prepared Community — Minimize the Impact to Life, Property and the Environment from Natural Hazards and Emergency Situations — June 2014. • Complete construction of the Temecula Community Center Renovation; Theater remediation; Inclusive Play Structure; Tennis Court Lighting at Great Oak High School to provide high quality recreation. Healthy and Livable City — Promote High Quality Parks and Recreation Programs and Cultural Services — June 2014. • Complete design of the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension to promote alternative transportation options. A Sustainable City — Encourage Alternative Transportation Options — June 2014. • Complete design and acquisition of necessary right-of-way for the I-15/SR 79 South Interchange improvements. Transportation Mobility and Connectivity — Continue to Maintain Local Roads and Streets — June 2014. • Complete acquisition of all necessary right-of-way and construction of Phase I of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road. Transportation Mobility and Connectivity — Continue to Maintain Local Roads and Streets — June 2014. • Complete establishment of the Pechanga Parkway Environmental Mitigation site. A Sustainable City— Preserve and Expand Open Space — June 2014. • Complete design and initiate construction of the Inclusive Play Structure, a special needs play park area. Healthy and Livable City — Promote High Quality Parks and Recreation Programs and Cultural Services — June 2014. 109 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: CAPITAL PROJECTS ADMINISTRATION PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 110 FY 2011 ' ` ;'- Actua FY 2012-13 Projected FY 2013-14 Projected Total Capital Project Costs Incurred $13,700,000 $16,406,000 $35,400,000 Projects Completed Within Budget 9 8 15 Projects Completed on Schedule 9 8 15 110 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: STREET MAINTENANCE SERVICES • Provide well maintained right of way areas for the safety and mobility of motorists, bicyclists and pedestrians, including traffic signing and striping as directed by the Traffic Engineering Division. • Maintain City -owned storm drains, catch basins, and surface drainage facilities, and monitor illegal dump areas in support of the City's NPDES program. • Proactively mitigate graffiti vandalism from the right-of-way and expedite transmission of relevant graffiti information to police investigators. • Respond to emergency situations and natural disasters, provide special event support and perform weed abatement and litter control. • Administer the Trees for Temecula Program to replace missing or damaged street trees within residential neighborhoods. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Slurry sealed and striped Crown Hill Park, Pauba Ridge Park, Butterfield Stage Park, Kent Hintergardt Park and 6TH Street parking lots with in-house personnel. • Upgraded 7 of the 20 city maintained channels with concrete slurry. • Updated the restitution program to improve graffiti abatement cost recovery. • Increased the City's in-house pavement production by 15%. • Certified all Landscape, Park and Facility Maintenance personnel in Hazmat Response and Traffic Control Safety measures. 111 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: STREET MAINTENANCE OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Stripe and re -paint all legends along the San Gertrudis Creek bicycle / pedestrian trail June 2014 Accountable and Responsive City Government: Build and maintain highly functional and sustainable City facilities and infrastructure Slurry seal and stripe Wolf Creek Park, Vail Ranch Park, Stephen Linen Jr. Memorial Park and Paloma Del Sol Park parking lots with in-house crews to reduce the City's reliance on outside contractors June 2014 Accountable and Responsive City Government: Build and maintain highly functional and sustainable City facilities and infrastructure Develop comprehensive written policies, procedures, and guidelines to address operational requirements June 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies 112 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: STREET MAINTENANCE PERFORMANCE MEASURES) for Fiscal Year 2013-14 Five Year Long Term Goal Performance Measures FY2011-12 Actuals FY2012-13 Target FY2012-13 Actuals FY 2013- 14 Target Five -Year Target Promote Community Involvement Citizen service order requests and response 811 1,000 447 1,000 1,000 Continue to Maintain Local Roads & Streets Roadway legends Stenciled 3,354 3,500 3,268 3,500 3,500 Continue to Maintain Local Roads & Streets Street Signs replaced, repaired and installed 1,855 2,000 2,285 2,000 2,000 Continue to Maintain Local Roads & Streets Linear feet of traffic lanes, bike lanes and curbs painted 2,251,318 2,300,000 2,437,216 2,400,000 2,400,000 Continue to Aggressively Mitigate Graffiti & Vandalism Square feet of graffiti removed from the right-of-way 59,363 70,000 44,719 70,000 70,000 Continue to Maintain Local Roads & Streets Centerline miles of Streets crack/slurry sealed 12 20 22 20 20 Maintain the Natural Beauty of the Community Street trees planted or replaced 12 100 84 24 24 Maintain the Natural Beauty of the Community Street trees trimmed 3,102 3,200 3,217 3,200 3,200 Minimize the Impact to Life, Property and the Environment from Natural Hazards & Emergency Situations Storm drains inspected/cleaned 2,647 2,700 2,593 2,700 2,700 Continue to Maintain Local Roads & Streets Square feet of asphalt repairs 132,296 150,000 138,573 150,000 150,000 113 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: FACILITY MAINTENANCE SERVICES • Administer the maintenance, repairs, and cleaning of all City -owned or leased buildings and aquatics facilities through in-house personnel and administration of outside contract services. • Manage scheduled inspections and license/permit requirements associated with the operation of facility fire prevention and elevator systems, kitchen equipment, emergency generators, and pool facility water quality/chemistry systems. • Respond to routine and emergency work order requests. • Provide Council Chamber and meeting set-ups at various City facilities. • Provide special event support and day porter services to ensure a safe and clean environment for all users. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Completed facility lighting system retrofits at several city facilities to improve energy efficiency. These facilities were the Mary Phillips Senior Center, Community Recreation Center, Pennypickle's Workshop Temecula Children's Museum, Temecula Valley Museum, Old City Hall Building (TVE2), Maintenance Facility, Fire Station 84 and Fire Station 73. • Completed the redesign and installation of the HVAC control system at the Temecula Public Library. This new system is compatible with the City's centralized energy management system and will improve our energy conservation efforts at this facility. • Completed the installation of a new speaker system for the Community Recreation Center stage and amphitheater sound system. • Completed the removal and replacement of the wrought iron fencing around the swimming pool complex and the amphitheater at the Community Recreation Center. • Replaced the troubled waterless urinals with low flow urinals at the Community Recreation Center. • Refaced the cabinets and counter tops throughout the Community Recreation Center. • Consolidated custodial services and improved the quality of services at all primary use buildings. • Conducted an in-house survey which assessed Maintenance Division services and building conditions. • Replaced the roof on the Chapel of Memories. 114 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: FACILITY MAINTENANCE OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives s ima e• Co Date ion QLMP Core Value Five Year Long Term Goal Upgrade and replace the flat roof section of the roofing system at the Mary Phillips Senior Center. Necessary to replace aging roof and upgrade to more energy efficient system June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure. Upgrade and replace the multi-purpose room and kitchen HVAC units and install the Honeywell/Niagara control system for all HVAC systems at the Mary Phillips Senior Center. Necessary to replace aging units and upgrade to more energy efficient systems and well as centralizing to the City's energy management system June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure. Retrofit parking lot lighting system with inductive lighting system at the Mary Phillips Senior Center. Necessary to improve energy efficiency June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure. Repair and resurface the parking lot at the Mary Phillips Senior Center. Necessary to repair damaged sections and extend the service life of the remaining parking lot June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure. Repair damaged wood trim/siding and re- paint the exterior of the Mary Phillips Senior Center. Necessary to improve building aesthetics and extend service life June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure. Upgrade and replace the pool filtration system at the Community Recreation Center. Necessary to replace aging sand filter tanks and water chemistry management control system June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure. 115 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: FACILITY MAINTENANCE PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Actuals FY 2012-13 Target FY 2012-13 Actual FY 2013-14 Target Five - Year Target Build and maintain highly functional and sustainable city facilities and infrastructure Facility roofing system replacements and energy efficiency upgrades 1 1 1 1 5 Build and maintain highly functional and sustainable city facilities and infrastructure Facility HVAC system replacements and energy efficiency upgrades 2 1 1 1 5 Build and maintain highly functional and sustainable city facilities and infrastructure Facility lighting system replacements and energy efficiency upgrades 1 8 8 1 10 Build and maintain highly functional and sustainable city facilities and infrastructure Swimming pool system repairs, replacements and upgrades 1 2 2 1 4 Build and maintain highly functional and sustainable city facilities and infrastructure Facility parking lot repair and resurfacing 0 1 1 1 5 Build and maintain highly functional and sustainable city facilities and infrastructure Custodial service order requests/response 26 75 25 50 25 Build and maintain highly functional and sustainable city facilities and infrastructure Facility service and repair requests/response 261 450 287 250 200 116 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: PARK AND LANDSCAPE MAINTENANCE SERVICES • Administer the ongoing maintenance, repair and cleaning of all city parks, trails, open space areas, landscaped medians and applicable slope areas. • Coordinate arterial and residential street light repair requests with Southern California Edison. • Administer and oversee landscape water use for all city parks, landscaped medians, applicable slope areas, and recreation/administrative facility properties. • Manage the urban forest within City parks, open space areas, landscaped medians, applicable slope areas, and recreation/administrative facility properties. • Respond to routine and emergency work order requests and provide support services for citywide programs and special events. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Completed the parking lot repair, slurry seal and re -stripping at Pat Birdsall Sports Park. • Completed the parking lot and security lighting system retrofit at Pala Community Park to improve energy efficiency. • Completed the renovation of the basketball court surfacing at Pala Community Park, which consisted of removing and replacing a section of damaged concrete curbing, a grind and overlay of the existing asphalt paving and installing the new colored grip surfacing and stripping. • Completed the parking lot slurry seal and re -striping at Pala Community Park. • Completed the planting of 366 fifteen gallon trees throughout the City's landscape maintenance districts, Parks and Medians. 117 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: PARK AND LANDSCAPE MAINTENANCE OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Repair and resurface the parking lot at the Ronald Reagan Sports Park. Necessary to repair severely damaged sections of the parking lot and to extend the service life of the remaining parking lot. (estimate 200K) June 2014 Accountable and Responsive Government. Build and maintain highly functional and sustainable city facilities and infrastructure Retrofit parking lot lighting system with inductive lighting system at the Ronald Reagan Sports Park. Necessary to improve energy efficiency. (estimate 20K) June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure Remove and replace deteriorated wrought iron fencing at Calle Aragon Park and Bahia Vista Park. Necessary for continued public safety and the security at the park. (estimate 40K) June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure Stripe and paint the peeling and rusting steel trellises at Harveston Lake Park. Necessary to sustain safety and longevity of the structures. (estimate 40k) June 2014 Accountable and Responsive Government: Build and maintain highly functional and sustainable city facilities and infrastructure 118 City of Temecula Annual Operating Budget Fiscal Year 2013-14 PUBLIC WORKS Division/Program: PARK ANDLANDSCAPE MAINTENANCE PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Build and maintain highly functional and sustainable city facilities and infrastructure Irrigation system and drought tolerant landscaping upgrades 2 2 2 2 2 (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure City park rehabilitation/repair projects 6 10 5 5 5 (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure Trees trimmed in parks/slopes/medians 3500 3846 4500 4600 4000 (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure Park energy efficient lighting system conversions 2 2 5 3 3 (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure Play structure/safety surfacing replacements N/A N/A 2 2 2 (avg.) Build and maintain highly functional and sustainable city facilities and infrastructure Service order requests/response 450 485 500 500 500 (avg.) 119 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE MISSION The Temecula Police Department is tasked with ensuring the safety of our community while maintaining the outstanding quality of life we all enjoy. The City contracts with the Riverside County Sheriff's Department for Police services and maintains a ratio of approximately one police officer to every 991 residents. Temecula has two centrally located storefront police locations, one in Old Town Temecula at the Civic Center, and one in the Promenade Mall. ORGANIZATIONAL CHART POLICE CHIEF Andre O'Harra POLICE ADMINISTRATION Administrative Support Mall / Storefronts Clerical Special Events INVESTIGATIONS / SPECIAL TEAMS Detectives Special Enforcement Team Problem Oriented Policing Team Volunteers 120 TRAFFIC ENFORCEMENT School Resource Officers Traffic Unit Training PATROL SERVICES Patrol Officers Patrol CSOs K-9 Officer City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE EXPENDITURES BY CATEGORY Program: Police Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 144,724 $ 155,207 $ 158,957 $ 154,616 $ (4,341) -2.7% Operations & Maintenance 19,860,709 20,936,718 22,151,515 23,135,113 983,598 4.4% Capital Outlay 26,816 101,604 19,573 - (19,573) -100.0% Total $ 20,032,249 $ 21,193,529 $22,330,045 $ 23,289,729 $ 959,684 4.3% PERSONNEL ALLOCATION Personnel Allocation POLICE Senior Management Analyst Total Authorized 2012-13 Changes 0.50 0.00 0.50 0.00 121 Proposed 2013-14 Unfunded 0.50 0.00 0.50 0.00 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: POLICE ADMINISTRATION SERVICES • Manage personnel and operations at two storefront locations and the Southwest Station. • Coordinate with Human Resources to ensure effective deployment of personnel. • Prepare annual budgets and ensure sufficient funds are allocated for equipment and operations. • Coordinate station logistics, ensuring tracking of all equipment, property and evidence. • Oversee law enforcement aspects of city held special events. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Implemented an automated equipment inventory management system that utilizes barcode scanners to ensure that all station equipment is tracked electronically. • Developed draft written policies, procedures, and guidelines to address operational requirements. • Implemented paperless payroll system, which allows all timesheets to be entered directly into accounting system in real time thereby creating more accurate financial records and tighter control of personnel costs. • Updated front office staff training to include enhanced customer relations and communications. • Enhanced station security through the use of internal video technology. • Upgraded systems furniture for clerical division to create more collaborative and ergonomic workspaces. 122 1 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: POLICE ADMINISTRATION OBJECTIVE(S) for Fiscal Year 2013-14 7 One -Time Objectives Estimated Completion Date • QLMP Core Value Five Year Long Term Goal Complete the implementation of a paperless personnel tracking system which will track staffing levels in real time and allow for more effective deployment of resources April 2014 Accountable and Responsive City Government: Maintain overall sound fiscal policies Updating and upgrading flooring on second floor of Police Station in order to improve aesthetics and safety August 2013 Accountable and Responsive City Government: Build and Maintain Highly Functional and Sustainable City Facilities and Infrastructure Upgrade station surveillance to increase storage capability and utilize technological innovations August 2013 Accountable and Responsive City Government: Build and Maintain Highly Functional and Sustainable City Facilities and Infrastructure IIFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Healthy and Livable City Number of Fingerprint Livescans Taken at Mall 1600 1616 1680 1750 1800 A Safe and Prepared Community % Of Management Team With Advanced Incident Command System Training 6 5 6 6 6 123 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: INVESTIGATIONS BUREAU SPECIAL TEAMS SERVICES • Provide specialized enforcement related to gangs, narcotics, crime trends, vice, and quality of life issues. • Develop and implement anti -graffiti programs and operations. • Follow up on investigations initiated through patrol calls for service. • Supervise and perform compliance enforcement of sex registrants. • Develop and implement community outreach programs including crime prevention and youth education. • Prepare and perform business liaison programs and presentations. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Trained two Park Rangers in Problem Oriented Policing concepts to further enhance the safety of the parks. • Develop comprehensive written policies, procedures, and guidelines to address special teams and investigations operational requirements. • Utilizing Cellbrite technology for in house forensic examination of cell phones increasing the number of in house examinations performed from 5% to 30%. • Created a Problem Oriented Police team and bike team to deal with quality of life issues throughout the City and create partnerships with local government and the business community. 124 1 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: INVESTIGATIONS BUREAU SPECIAL TEAMS OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date II OLMP Core Value Five Year Long Term Goal Increase CAP membership by 25% and ensure that all existing members attend the volunteer academy June 2014 A Safe and Prepared Community. Encourage Community Participation in Public Safety and Emergency Preparedness Research funding opportunities for acquisition of stationary ALPR systems at key City entrance points January 2014 Healthy and Livable City: Maintain a safe and family oriented environment Research funding opportunities for deployment of City funded forensic technicians June 2014 Accountable and Responsive City Government: Foster an Organizational Structure that Matches Activity to Demand Deploy anti -theft tracking devices for special operations throughout the City to address increases in property crimes August 2013 Healthy and Livable City: Maintain a safe and family oriented environment PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal ` Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Healthy and Livable City # of Crime Free Housing Checks 200 252 275 300 325 A Safe and Prepared Community # of Cases Closed by Investigations Unit 684 706 727 749 771 125 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: TRAFFIC ENFORCEMENT SERVICES ■ Maintain the safe flow of traffic and perform investigations of traffic collisions. ■ Ensure the safety of Temecula streets through the enforcement of all traffic laws. ■ Work with Traffic Engineering to analyze traffic flow and assist with developing methods to achieve the safe and efficient movement of traffic on Temecula roadways. • Provide rapid deployment for critical incidents. ACCOMPLISHMENTS for Fiscal Year 2012-13 ■ Completed an integrated school traffic safety analysis for all Temecula schools, with the goal of increasing traffic flow and student safety. ■ Integrated traffic citation and traffic collision trends into the existing Crime Control Model (CCM) program. ■ Develop draft written policies, procedures, and guidelines to address traffic division operational requirements. ■ Utilized a coordinated effort with Traffic Enforcement and Engineering to remain within the top 10 of the Office of Traffic Safety's traffic rankings for Cities within our population group. ■ Collaborated with regional law enforcement agencies in order to improve traffic safety through enforcement and increased flow of information. ■ Developed a traffic issue complaint tracker system to allow better analysis and deployment of resources. 126 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: TRAFFIC ENFORCEMENT OBJECTIVE(S) for Fiscal Year 2013-14 7 One -Time Objectives Estimated Completion QLMP Core Value Five Year Long g Tema Goal Increase traffic hazard saturation patrols by 25% January 2014 Healthy and Livable City: Maintain a safe and family oriented environment Implement a mandatory statistics tracking quarterly training process for all motor officers. September 2013 Accountable and Responsive City Government: Foster an Organizational Structure that Matches Activity to Demand Upgrade 50% of motor uniforms with the new Kevlar mesh material for improved Officer safety June 2014 Transportation Mobility and Connectivity: Utilize effective traffic enforcement, traffic monitoring, and planning processes to ensure the safety of Temecula motorists Ensure that 70% of Accident Investigators receive reconstruction training. June 2014 Accountable and Responsive City Government: Foster an Organizational Structure that Matches Activity to Demand PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Transportation Mobility and Connectivity # of Commercial Vehicle Enforcement Inspections 60 60 63 66 72 Transportation Mobility and Connectivity # of Traffic Collision Investigations 806 806 790 774 714 Transportation Mobility and Connectivity # of high visibility/traffic checkpoints 5 5 12 15 17 127 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: PATROL SERVICES SERVICES • Utilize two K9 Teams to aid in the search of drugs, persons, and buildings. • Serve as first responders for criminal calls and calls for service. • Evaluate and report quality of life issues which include graffiti, vandalism, and disturbing the peace. • Provide high visibility patrol throughout the City and interact with the community. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Utilized Asset Forfeiture funds (seized from prosecuted drug cases) in order to purchase necessary Mobile Field Force equipment in order to maximize police officer safety. • Increased basic Mobile Field Force deployment training for patrol officers from 50% to 90% readiness. • Sent one K9 team to Tracking School to be trained in searching for suspects and missing people. • Developed draft written policies, procedures, and guidelines to address patrol operational requirements. • Upgraded all patrol units with state of the art 700MHz PSEC communications system. 128 City of Temecula Annual Operating Budget Fiscal Year 2013-14 POLICE Division/Program: PATROL SERVICES OBJECTIVES) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Test and train personnel on operation of new 700 MHz Public Safety Enterprise Communications System June 2014 Accountable and Responsive City Government: Build and Maintain Highly Functional and Sustainable City Facilities and Infrastructure Send an additional K9 team to Tracking School to be trained in searching for suspects and missing people June 2014 A Safe and Prepared Community: Minimize the impact to life, property, and the environment from natural hazards and emergency situations Provide patrol personnel with awareness training for persons with special needs and persons with mental health considerations. September 2013 Accountable and Responsive City Government: Foster an Organizational Structure that Matches Activity to Demand PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 ■ 1. Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Accountable and Responsive City Government % of CSOs trained in the operation and set up of the Mobile Command Post 0 0 30 60 100 Accountable and Responsive City Government % of patrol officers maintaining 24 hour perishable skills training 50 100 50 100 100 A Safe and Prepared Community Overall calls for Police service 84000 85243 87800 90434 92000 129 City of Temecula FIRE Annual Operating Budget Fiscal Year 2013-14 MISSION The Fire Department maintains the highest levels of fire and disaster preparedness, prevention, and community involvement in order to ensure the safety of both our residents and visitors to Temecula. The City contracts with the Riverside County Fire Department for Fire services. The Temecula Fire Department provides both Fire Prevention and Emergency Operation services. Fire Prevention involves conducting public information and education programs that emphasize fire and life safety and have a strong focus on fire prevention, determining the origin and cause of all fires, and enforcing all applicable building fire codes, regulations and standards. Emergency Operations provides comprehensive emergency services utilizing a highly trained work force, progressive technology and modern equipment to provide Fire and Paramedic services. ORGANIZATIONAL CHART FIRE CHIEF Steve Gallegos FIRE PREVENTION Information and Education Planning and Engineering Enforcement Inspection Services Permit Issuance 130 EMERGENCY OPERATIONS Fire Suppression 1 Emergency Medical Services All Risk Responses Non -Response Activities Temecula Citizen Corps City of Temecula FIRE Annual Operating Budget Fiscal Year 2013-14 EXPENDITURES BY CATEGORY Program: Fire Funding Source: General Fund Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change Personnel $ 222,623 $ 266,446 $ 236,162 $ 296,252 $ 60,090 25.4% Operations & Maintenance 4,054,269 4,161,875 4,505,458 4,707,669 202,211 4.5% Capital Outlay 24,572 8,728 48,774 33,299 (15,475) -31.7% Total $ 4,301,464 $ 4,437,049 $ 4,790,394 $ 5,037,220 $ 246,826 5.2% PERSONNEL ALLOCATION Personnel Allocation Authorized Proposed 2012-13 Changes 2013-14 Unfunded FIRE Administrative Assistant 1.00 0.00 1.00 0.00 Building Inspector II 0.50 0.50 1.00 0.00 Senior Office Specialist 1.00 0.00 1.00 0.00 Total 2.50 0.50 3.00 0.00 131 ■ City of Temecula Annual Operating Budget Fiscal Year 2013-14 FIRE Division/Program: FIRE PREVENTION SERVICES • Educate the public regarding fire safety and prevention strategies. • Perform plan check and inspections of businesses and new construction to ensure fire safety code compliance. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Developed a system to monitor and control plan review turnaround times. • Developed a cost recovery plan for an annual inspection program. OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Implement an Annual Fire Inspection Program in order to provide fire and life safety inspections to all businesses in the City June 2014 Safe & Prepared Community: Minimize the Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations Inspect All State Fire Marshal regulated facilities on an annual basis for fire and life safety June 2014 Safe & Prepared Community: Minimize the Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations !PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Minimize the Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations Conduct plan reviews within 10-12 working days. 90% 96% 98% 98% 98% (avg.) 132 City of Temecula Annual Operating Budget Fiscal Year 2013-14 FIRE Division/Program: EMERGENCY OPERATIONS SERVICES • Serve as first responders for all emergency calls for service. • Provide CPR/AED, Health Care Provider, and First Aid certification training. • Oversee the Temecula Citizen Corps Emergency Response Team Program. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Implemented CPR training pilot program into the high schools. • Responded to all emergency calls in five minutes or less 82% of the time. • Moved the CERT program and State Fire Marshal's office to Roripaugh Fire Station to utilize the facility and maintain a presence in the area. • Implemented the Teen CERT program and held our first Teen CERT training. OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated completion Date QLMP Core Value Five Year Long Term Goal Safe & Prepared Community. Minimize the Staff Roripaugh Fire Station with a full time Engine Company June 2014 Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations Provide real time patient care information to the hospitals via Electronic Patient Care Run forms mobile software December 2013 Safe & Prepared Community: Minimize the Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations Provide AED locations via a public mobile app or City website June 2014 Safe & Prepared Community: Utilize social media to keep the community informed Upgrade preemption devices at City intersections to allow emergency vehicles to safely cross intersections and respond more quickly to emergencies December 2014 Safe & Prepared Community: Minimize the Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations Remodel Fire Station 73 June 2014 Accountable and Responsive City Government: Build and Maintain Highly Functional and Sustainable City Facilities and Infrastructure 133 City of Temecula Annual Operating Budget Fiscal Year 2013-14 FIRE Division/Program: EMERGENCY OPERATIONS PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Minimize the Impact to Life, Property, and the Environment from Natural Hazards and Emergency Situations Percent of emergency calls with a response time of 5 minutes or less 90% 82% 90% 90% 90% (avg.) Encourage Community Participation in Public Safety and Emergency Preparedness Number of CPR and First Aid Training provided to citizens 800 998 950 980 1000 (avg.) Encourage Community Participation in Public Safety and Emergency Preparedness Number of citizens "Community Emergency Response Team" (CERT) trained 60 80 80 120 120 (avg.) 134 City of Temecula Preliminary Annual Operating Budget Fiscal Year 2013-14 NON -DEPARTMENTAL MISSION The Non -Departmental Program is a cost center for general administrative expenditures such as Retiree Medical Contribution, Recreation Funding and property tax administrative fees. It is also used for operating transfers out to the Capital Improvement Fund and the 2011 Financing Lease. XPENDITURES BY CATEGORY Program: Non -Departmental Expenditure Summary Operations & Maintenance Operating Transfers Out Total Funding Source: General Fund Actual FY 2010-11 $ 7,601,878 3,128,338 Actual Budgeted Requested FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change $ 6,702,155 $ 4,442,868 $ 5,681,135 $ 1,238,267 27.9% 6,356,780 5,859,731 8,458,968 2,599,237 44.4% $ 10,730,216 $ 13,058,935 $10,302,599 $ 14,140,103 $ 3,837,504 37.2% 135 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT MISSION Information Technology (IT) and Central Services is responsible for providing systems support, hardware and software help desk support, network operation, purchasing, telecommunications, business systems analysis, central duplicating services, mailroom services, City Hall reception services, duplicating equipment maintenance/lease, City Internet/Intranet and Geographic Information Systems (GIS). These departments provide customer service for all of the City's user departments. Currently, there are approximately 300 desktop computers and servers, and over 300 individual computer user accounts located over six locations throughout the City. There are currently five major business application systems administered and supported by the programming staff. Each month the IT Help Desk receives over 800 monthly requests for assistance from City computer users. ORGANIZATIONAL CHART DEPUTY DIRECTOR INFORMATION TECHNOLOGY Michael Heslin Geographic Information Systems (GIS) I Network Operations & Technical Support Enterprise Application Services (EAS) I Media Services 136 DEPUTY DIRECTOR SUPPORT SERVICES Michaela Ballreich Civic Center Reception Services I Community Development Front Desk I Project Planning / Budget / Objectives I Central Services City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT EXPENDITURES BY CATEGORY Program: Information Technology Funding Source: Expenditure Summary Personnel Operations & Maintenance Charges to City, Community Services District, and Affordable Housing Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ 865,081 $ 754,004 $ 768,553 $ 1,001,342 $ 232,789 30.3% 793,622 663,076 898,387 941,203 $ 42,816 4.8% $ 1,658,703 $ 1,417,080 $ 1,666,940 $ 1,942,545 $ 275,605 16.5% Program: GLS Funding Source: Expenditure Summary Personnel Operations & Maintenance Charges to City, Community Services District, and Affordable Housing Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ 295,087 $ 303,375 $ 273,295 $ 217,290 $ (56,005) -20.5% 42,061 34,253 50,205 48,405 (1,800) -3.6% $ 337,148 $ 337,628 $ 323,500 $ 265,695 $ (57,805) -17.9% Program: Library Funding Source: Expenditure Summary Personnel Operations & Maintenance Program: Support Services Expenditure Summary Personnel Operations & Maintenance Charges to Community Services District Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ 73,794 $ 77,973 $ 81,396 $ 93,918 $ 12,522 15.4% 53,660 66,212 187,800 106,660 (81,140) -43.2% $ 127,454 $ 144,185 $ 269,196 $ 200,578 $ (68,618) -25.5% Funding Source: General Fund Program in FY 12-13. Shifted back to 1SF Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ $ - $ 237,731 $ - $ (237,731) -100.0% 102,202 - (102,202) -100.0% $ $ $ 339,933 $ - $ (339,933) -100.0% 137 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT EXPENDITURES BY CATEGORY Program: Centra! Services Funding Source: Expenditure Summary Personnel Operations & Maintenance Charges to City, Community Services District, and Affordable Housing Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ 245,184 $ 245,868 $ 171,828 $ 337,411 $ 165,583 96.4% 159,668 141,025 155,746 157,219 1,473 0.9% $ 404,852 $ 386,893 $ 327,574 $ 494,630 $ 167,056 51.0% PERSONNEL ALLOCATION Authorized Proposed Personnel Allocation 2012-13 Changes 2013-14 Unfunded INFORMATION TECHNOLOGY Administrative Assistant 1.00 0.00 1.00 0.00 Deputy Director Information Technology 1.00 0.00 1.00 0.00 Deputy Director Support Services 0.00 0.50 0.50 0.00 GIS Analyst 1.00 -1.00 0.00 0.00 Information Technology Administrator 1.00 1.00 2.00 0.00 Information Technology Specialist 1.00 0.00 1.00 0.00 Senior Infomiation Technology Specialist 4.00 0.00 4.00 0.00 Total 9.00 0.50 9.50 0.00 Authorized Proposed Personnel Allocation 2012-13 Changes 2013-14 Unfunded SUPPORT SERVICES Deputy Director Support Ser'nces 1.00 -1.00 0.00 0.00 Office Assistant - AM 0.50 -0.50 0.00 0.00 Office Assistant - PM 0.50 -0.50 0.00 0.00 Total 2.00 -2.00 0.00 0.00 CENTRAL SERVICES Central Sereices Coordinator 1.00 0.00 1.00 0.00 Central Services Super'nsor 1.00 0.00 1.00 0.00 Deputy Director Support Semites 0.00 0.50 0.50 0.00 Office Assistant - AM 0.00 0.50 0.50 0.00 Office Assistant - PM 0.00 0.50 0.50 0.00 Total 2.00 1.50 3.50 0.00 Department Total 4.00 -0.50 3.50 0.00 Note: Operational responsibility for Central Semites is under Information Technology. The Organizational Chart, Objecti\es and Performance Measures are located in that section. 138 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT Division/Program: INFORMATION TECHNOLOGY SERVICES • Provide maintenance and IT support to City staff, its facilities, and the public on all network functions which support the City's website, security systems, communications, databases, and applications. • Provide technical support, manage applications, and assess needs to assist in business process analyses. • Provide public and staff access to the City's online application for generating maps and conducting geographic analysis. • Maintain and support the City's website and utilize social media and eGovernment services to provide official information to the public. • Provide technical support for emergency communications and maintain the City's emergency notification system (Reverse 911). ACCOMPLISHMENTS for Fiscal Year 2012-13 • Replaced all Library patron and staff computers to provide current technology standards, successful Windows 7 migration, and improved service to the community. • Evaluated, selected, and awarded contract for a new permitting system to improve processes through automation; thereby, enhancing functions and streamlining services to the community. • Enhanced Department pages and website content for City transparency. Added eGovernment Services for public record tracking and application recruitments. Increased City's Social Media subscriptions by over 50%. • Initiated a study to utilize security cameras at City Facilities as a risk management tool to protect human safety and assets. • Developed, revised, and implemented comprehensive written policies, procedures, and guidelines to address operational requirements and communicate them to the organization via SharePoint. 139 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT Division/Program: INFORMATION TECHNOLOGY OBJECTIVES) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Tenn Goal Implement a new web -based emergency management communications system to facilitate Reverse 911 in emergency situations September 2013 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Utilize tracking system for all department Helpdesk Tickets to ensure prompt action and appropriate tracking December 2013 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Migrate City's current web -based GIS mapping system to an ARCSERVER format (Geocortex Essentials) to improve the public/staff access to GIS information and to improve mapping and analysis capabilities December 2013 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Migrate from the current operating system Windows XP to Windows 7 to ensure Microsoft compliancy and support April 2014 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Implement the City's new Enterprise Permitting System (currently in the planning stage) May 2014 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Complete the City's computer lifecycle replacement schedule to provide a more reliable platform June 2014 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Develop a promotional campaign to increase City of Temecula Facebook subscriptions by 25%, enabling the City to expand its communication of news, photos, videos, and emergency updates with the citizens June 2014 A Safe and Prepared Community: Utilize social media to keep the community informed and involved 140 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT Division/Program: INFORMATION TECHNOLOGY PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 7 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target _, FY 2013-14 Target Five - Year Target Promote Community Involvement Support City Council meetings with audiovisual services n/a n/a n/a 24 120 Promote Community Involvement Support Temecula Outreach Channel 3 by scheduling (monthly) slides, social media, press releases, and special event promotion n/a n/a n/a 12 60 Foster an organizational structure that matches activity to demand Migrate from the current operating system Windows XP to Windows 7 n/a n/a n/a 100% n/a Foster an organizational structure that matches activity to demand Go live with the permitting system as scheduled to provide a more efficient and streamlined service to the public and to increase transparency of City processes n/a n/a n/a 100% n/a Foster an organization structure that matches activity to demand Complete the Computer Lifecycle Replacement by 4/30/14 to provide a more reliable platform n/a n/a n/a 100% n/a 141 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT Division/Program: SUPPORT SERVICES SERVICES • Provide consistent, resourceful, and efficient customer service to the public by professionally handling phone calls and/or by servicing the needs of the visiting public. • Provide central printing services for Citywide departments and off-site facilities, mailroom services, and auxiliary services (laminating, folder/inserter, wide -format printing, binding). • Manage the Canon copier lease/maintenance/replacement for the Civic Center and off-site facilities, including the Library. • Coordinate project staffing for City departments. ACCOMPLISHMENTS for Fiscal Year 2012-13 • Implemented a sign -in Visitor Badge procedure to address visitor security and public safety • Initiated the development of an automated phone directory, during non -business hours, to provide public access to information pertaining to City services, events, etc. • Implemented a Copier Replacement Policy to effectively utilize depreciated funds for malfunctioning/out-of-date copiers • Initiated the use of the existing tracking system for copy requests 142 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT Division/Program: SUPPORT SERVICES OBJECTIVE(S) for Fiscal Year 2013-14 One -Time Objectives Estimated Completion Date QLMP Core Value Five Year Long Term Goal Utilize tracking system for Central Services copy requests/copier maintenance/paper product needs/etc. to ensure prompt action and appropriate tracking 07/2013 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Utilize SharePoint to clearly define services provided and available Central Services equipment 12/2013 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Update the public phone directory (by department) to ensure accuracy of information provided to the public 06/2014 Accountable and Responsible City Government: Foster an organizational structure that matches activity to demand Initiate a departmental Frequently Asked Questions sheet to increase the dissemination of information (to the public) and to effectively communicate the available services through the use of the kiosk, website, and social media 06/2014 Accountable and Responsible City Government: Promote Community Involvement Implement an automated phone directory for use during non -business hours to provide public access to information pertaining to City services, events, etc. 06/2014 Accountable and Responsible City Government: Promote Community Involvement Create a standardized departmental voicemail procedure for use during off- hours, vacations, holidays, etc. 06/2014 Accountable and Responsible City Government: Promote Community Involvement 143 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INFORMATION TECHNOLOGY AND SUPPORT SERVICES DEPARTMENT Division/Program: SUPPORT SERVICES PERFORMANCE MEASURE(S) for Fiscal Year 2013-14 Five -Year Long Term Goal Performance Measures FY 2011-12 Target FY 2011-12 Actuals FY 2012-13 Target FY 2013-14 Target Five - Year Target Foster an organizational structure that matches activity to demand Number of city council agendas copied without amendments due to misprinting n/a n/a n/a 24 120 Foster an organizational structure that matches activity to demand Utilize SharePoint to provide quarterly division updates and FAQ n/a n/a n/a 4 20 144 ■ City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS FACILITIES EXPENDITURES BY CATEGORY Program: Fa'x;'ii:--=' Funding Source: Charges to City, Community Services District, incubator Resource, and Affordable Housing Actual Actual Budgeted Requested Expenditure Summary FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change Personnel $ 406,209 $ 585,425 $ 475,470 $ 491,230 $ 15,760 3.3% Operations & Maintenance 388,117 $ 530,153 799,321 806,896 7,575 0.9% Capital Outlay 10,326 $ 16,119 - - 0.0% $ 804,652 $ 1,131,697 $ 1,274,791 $ 1,298,126 $ 23,335 1.8% PERSONNEL ALLOCATION Personnel Allocation Authorized Proposed 2012-13 Changes 2013-14 Unfunded FACILITIES Administrative Assistant 0.05 0.00 0.05 0.00 Custodian 2.00 0.00 2.00 0.00 Facilities Services Manager 0.50 0.00 0.50 0.00 Lead Maintenance Worker 0.90 0.00 0.90 0.00 Maintenance Superintendent - PW 0.50 0.00 0.50 0.00 Maintenance Worker 0.30 0.00 0.30 0.00 Management Analyst 0.05 -0.05 0.00 0.00 Office Specialist 0.40 0.00 0.40 0.00 Public Works Director 0.10 0.00 0.10 0.00 Senior Management Analyst 0.00 0.05 0.05 0.00 Total 4.80 0.00 4.80 0.00 Note: Operational responsibility for Facilities is under Public Works. The Organizational Chart, Objectives and Performance Measures are located in that section. 145 -ME City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS INSURANCE EXPENDITURES BY CATEGORY Program: 1rsurar:.::L Funding Source: Expenditure Summary Personnel Operations & Maintenance Charges to City, Community Services District, and Affordable Housing Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change Change $ 61,119 $ 63,467 $ 66,208 $ 202,451 $ 136,243 205.8% 729,557 648,202 848,259 848,259 0.0% $ 790,676 $ 711,669 $ 914,467 $ 1,050,710 $ 136,243 14.9% PERSONNEL ALLOCATION Authorized Proposed Personnel Allocation 2012-13 Changes 2013-14 Unfunded INSURANCE Administrative Assistant 0.25 -0.25 0.00 0.00 Fiscal Services Manager 0.25 0.75 1.00 0.00 Office Specialist - Confidential 0.00 0.25 0.25 0.00 Total 0.50 0.75 1.25 0.00 Note: Operational responsibility for Insurance is under Human Resources The Organizational Chart, Performance Measures and Objectives are located in that section. 146 City of Temecula Annual Operating Budget Fiscal Year 2013-14 INTERNAL SERVICES FUNDS VEHICLES AND EQUIPMENT EXPENDITURES BY CATEGORY Program: Vehicles and Equipment Funding Source: Expenditure Summary Personnel Operations & Maintenance Charges to City and Community Services District Actual Actual Budgeted Requested FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 $ Change % Change $ 260,938 $ 192,500 $ 186,967 $ 150,477 $ (36,490) -19.5% $ 260,938 $ 192,500 $ 186,967 $ 150,477 $ (36,490) -19.5% 147 148 Item No. 31 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: June 11, 2013 SUBJECT: Adoption of the Fiscal Years 2014-2018 Capital Improvement Program Budget PREPARED BY: Jennifer Hennessy, Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 BACKGROUND: The Capital Improvement Program (CIP) is the City of Temecula's plan for providing public improvements which exceed $30,000 in cost, have long-term life spans, and are non-recurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. A component of the City's plan includes the integration of the budget with the Quality of Life Master Plan (QLMP). All projects presented in the CIP are carefully programmed considering the City's QMLP to ensure the community's capital improvement needs are met both now and in the future. The framework for the CIP is further defined in the City's CIP fiscal policy to provide a structure within which fiscal decisions can be made and to optimize all available resources toward the accomplishment of the City's Core Values as defined in the QLMP. CIP Development: The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads and streets, bridges, public buildings, parks and recreation facilities, and housing projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long-term vision of the City as developed by the City Council. At the Public and Traffic Safety Commission meeting on May 23, 2013, the Circulation portions of the document were reviewed and the proposed projects were approved. The Community Services Commission, at their June 10, 2013 meeting, reviewed the Parks and Recreation portion of the document and approved the proposed projects. Also on June 5, 2013, the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. On May 22, 2013, the City Council held a workshop to review and discuss the proposed CIP. At this workshop, an overview of the Capital Improvement Program Budget was presented to the City Council. City Council Members and staff discussed, in detail, several projects within the CIP. Projected Costs: Overall, the proposed fiscal years 2014-2018 total projected cost is $361,820,769. A total of fifty two (52) projects are included in the program, consisting of fifteen (15) Circulation projects, twenty four (24) Infrastructure projects, twelve (12) Parks and Recreation projects, and one (1) Housing project. The following illustrates the associated costs for each project classification and total cost: Type of Project Number of Projects Cost of Projects Circulation 15 $306,730,567 Infrastructure / Other 24 35,042,958 Parks and Recreation 12 7,421,693 SARDA / Housing 1 12,625,551 TOTAL 52 $361,820,769 Proiected Revenues: Projected revenue from identified sources for the Five -Year Capital Improvement Program is $235,412,464, which is sufficient to fund the remaining project costs of $230,392,460 (projected costs of $361,820,769, less unspecified amounts of $131,428,309). Through the first two years of the five-year program, there is adequate funding for all proposed projects, with over $102,000,000 million in funded projects in the fiscal year 2013-14. Also, included in this five-year plan are twenty nine (29) projects which currently do not fit into the five-year window, but warrant consideration and review in this document. These projects are listed as Future Years and are listed by project type on pages 157-158 of the attached document. CIRCULATION PROJECTS There are fifteen (15) Circulation projects with estimated costs totaling nearly $307,000,000. The Circulation projects represent roughly 85% of total project cost included in the proposed CIP budget. The following projects are of significant interest and aligns with the City's Core Value of Transportation Mobility and Connectivity. • Butterfield Stage Road Extension • French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements - Phase I and Phase II • Interstate -15 / State Route 79 South Ultimate Interchange • Main Street Bridge Over Murrieta Creek (Replacement) • Murrieta Creek Bridge and Overland Drive Extension to Diaz Road (Acquisition) • Pavement Rehabilitation Program — Citywide • Traffic Signal Equipment Replacement Program- Citywide • Western Bypass Bridge Over Murrieta Creek Total funding for Circulation Projects in the coming fiscal year is $73,761,878 which includes $62,278,190 carried over from the current fiscal year and an additional appropriation of $11,483,688 in Fiscal Year 2013-14. All of these projects will have a significant impact on traffic circulation and, ultimately, the quality of life in the City. INFRASTRUCTURE / OTHER PROJECTS There are twenty four (24) Infrastructure 1 Other projects with estimated costs totaling $35,000,000. The following projects are of significant interest and align with the noted City's Core Values as follows: • Bike Lane and Trail Program (Transportation Mobility and Connectivity • City Facilities Rehabilitation (Healthy and Livable City) • Citywide Sidewalks (Transportation Mobility and Connectivity and a Sustainable City) • Fire Station 73 Living Quarters Upgrade (Healthy and Livable City) • Temecula Community Center Renovation (Healthy and Livable City) • Temecula Valley Entrepreneur's Exchange (Economic Prosperity) • Theater Remediation (Healthy and Livable City and A Safe and Prepared Community) • YMCA Repair and Remediation (Healthy and Livable City and A Safe and Prepared Community) Total funding for Infrastructure / Other Projects in the coming fiscal year is $10,231,436 which includes $3,984,922 carried over from the current fiscal year and an additional appropriation of $6,246,514 in Fiscal Year 2013-14. PARKS AND RECREATION PROJECTS There are twelve (12) Parks and Recreation projects with estimated costs totaling approximately $7,400,000. The following projects are of significant interest and align with the noted City's Core Values as follows: • Children's Museum Enhancement Project (Healthy and Livable City) • Parks Improvement Program (Healthy and Livable City) • Sam Hicks Monument Park Playground Replacement (Healthy and Livable City) • Senior Citizen Outdoor Fitness Lot (Healthy and Livable City) • Special Needs Playground (Healthy and Livable City) • Tennis Court Lighting - Great Oak High School (Healthy and Livable City) Total funding for Park and Recreation projects in the coming fiscal year is $2,892,749 which includes $1,732,151 carried over from the current fiscal year and an additional appropriation of $1,160,598 in Fiscal Year 2013-14. FISCAL IMPACT: The adoption of the Fiscal Year 2014-18 Five -Year Capital Improvement Program establishes the project appropriations for fiscal year 2013-14 in an amount of $99,511,614. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. ATTACHMENTS: 1. Resolution No. 13- 2. Proposed Capital Improvement Program Budget Fiscal Years 2014-2018 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013- 14 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated there under (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On June 5, 2013, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. The City Council hereby finds and declares that the requirements of Government Code Section 65402(a) shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisition, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. Section 4. The City Council hereby finds that the acquisition of land necessary for the City of Temecula Capital Improvement Program Fiscal Years 2014-18 is consistent with the General Plan. Section 5. That a certain document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program Fiscal Years 2014-18" include herein appropriations for Fiscal Year 2013-14, and are hereby adopted. The CIP appropriations for the Fiscal Year 2012-13 which have not been completed, encumbered, nor included in the Fiscal Years 2014-18 CIP, are hereby carried over for each applicable project to the Fiscal Year 2013-14. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 6. Council Member Edwards did not participate in the discussion concerning the Murrieta Creek Improvements project and the Temecula Community Center Renovation project because her employer, the Boys and Girls Club, is located within 500 feet of these projects and they are likely to affect her employer and this property. Council Member Edwards hereby abstains in the approval of this Resolution as such approval relates to the Murrieta Creek Improvements project and the Temecula Community Center Renovation project. Council Member Naggar did not participate in the discussion concerning the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project because he has an interest in real property within 500 feet of the boundaries of these projects and they are likely to affect this property. Council Member Naggar hereby abstains in the approval of this Resolution as such approval relates to the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project. Section 7. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. C. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. The City Manager may approve change orders on Public Works contracts in amounts up to $30,000, if sufficient appropriated funds are available. D. The City Manager may authorize transfers up to $30,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 7.B. above, pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 8. Certification: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk City of Temecula im a.ital rovement gram Fiscal Year 2014-18 CITY COUNCIL MEETING June 11, 2013 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TABLE OF CONTENTS INTRODUCTION Page No. Transmittal Message 7 Resolution Adopting Capital Improvement Program 11 California Society of Municipal Finance Officers (CSMFO) Certificate of Award 14 City Organizational Chart 15 Description of Level Ranking and Future Years Projects 16 Parameters for CIP Budget Costs Estimates 17 Description of Revenue Sources 18 SUMMARIES Projected Revenue Summary 21 Project Summary by Type of Project 22 Expenditure Summary by Project 32 CIP Major Revenue Sources 33 Comparison Between Projected Revenue and Costs 34 CIRCULATION PROJECTS Abbott Corporation Roadway Improvements 47 Butterfield Stage Road Extension 49 Flashing Beacons and Speed Advisory Signs 51 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements - Phase I .53 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements - Phase II 55 Interstate -15 / State Route 79 South Ultimate Interchange 57 Main Street Bridge Over Murrieta Creek (Replacement) 59 Medians and Parkways -Citywide 61 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road 63 Pavement Rehabilitation Program—Citywide 65 Pavement Rehabilitation Program—Winchester Road 67 Traffic Signal Equipment Replacement Program — Citywide 69 Traffic Signal Installation — Citywide 71 Traffic Signal Interconnect Equipment Installation 73 Western Bypass Bridge Over Murrieta Creek 75 3 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TABLE OF CONTENTS (continued) INFRASTRUCTURE / OTHER PROJECTS Page No. Bike Lane and Trail Program 79 City Facilities Rehabilitation 81 Citywide Sidewalks 83 Citywide Storm Drain Improvements 85 Developer Reimbursements 87 Facility Improvements / Enhancements / Expansions 89 Fiber Optic Connection Mary Phillips Senior Center and Temecula Valley History Museum 91 Fire Station 73 Living Quarters Upgrade 93 Fire Station Roripaugh Ranch Site — Phase II 95 Library Parking - Phase II 97 Medians and Ornamental Pedestrian Barriers -Citywide 99 Murrieta Creek Improvements 101 Old Town Public Art 103 Old Town Sidewalk Rehabilitation 105 Open Space Acquisition Program 107 Pechanga Parkway Environmental Mitigation 109 Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect 111 Teen / Young Adult Village 113 Temecula City Entry Monumentation 115 Temecula Community Center Renovation 117 Temecula Park and Ride 119 Temecula Valley Entrepreneur's Exchange 121 Theater Remediation 123 YMCA Repair and Remediation 125 4 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TABLE OF CONTENTS (continued) PARKS and RECREATION PROJECTS Page No. Children's Museum Enhancement Project 129 Daisen Garden and the "Singing in the Rain" Statue Enhancements at the Temecula Duck Pond 131 Flood Control Channel Reconstruction and Repair 133 Neighborhood Park Security Lighting 135 Parks Improvement Program 137 Patricia H. Birdsall Sports Park Synthetic Turf Enhancement 139 Playground Equipment Enhancement and Safety Surfacing 141 Ronald Reagan Sports Park Channel Silt Removal and Desiltation Pond 143 Sam Hicks Monument Park Playground Replacement 145 Senior Citizen Outdoor Fitness Lot 147 Special Needs Playground 149 Tennis Court Lighting — Great Oak High School 151 SARDA / HOUSING PROJECT Affordable Housing 155 FUTURE YEARS PROJECTS Circulation...... .157 Infrastructure / Other.... .157 Parks and Recreation. .158 APPENDIX Glossary of Terms 159 Index 162 Map of Major CIP Projects 165 5 6 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TRANSMITTAL MESSAGE Honorable Mayor and Members of the City Council: It is with great pleasure that I submit the City of Temecula's Capital Improvement Program (CIP) Budget for Fiscal Years 2013-14 through 2017-18. This document is the result of more than 600 hours of planning and development in several workshops, including a City Council Workshop held on May 22, 2013. All projects presented in this five-year budget have been carefully programmed to ensure the community's capital improvement needs are met both now and in the future. CITY OF TEMECULA PROFILE AND DEMOGRAPHICS The City of Temecula is a fast growing community, which extends across 30 square miles of gently rolling hills and comprises approximately 104,879 residents of various cultural backgrounds. The City maintains approximately 302 miles of the 345 total miles of streets within its boundaries. Additionally, the City has 39 parks on 309 developed acres, providing extensive recreational opportunities for both Temecula citizens and surrounding communities. The Temecula Valley Unified School District provides 33 schools for 28,752 students in Kindergarten through 12th grade. The City of Temecula focuses on community needs and quality of life through day-to-day operations, a proactive economic development element, and by meeting the City's capital improvement needs. ECONOMIC DEVELOPMENT POLICY The City's economic development policy centers on providing a broad range of infrastructure improvements to encourage both tourism and business investment in the City of Temecula. By providing a commercial and residential core that is attractive, of high quality, and possesses adequate infrastructure to support the residential, business and tourist population, Temecula has quickly become a destination location for a broad spectrum of the population. Significant improvements in this budget document include Butterfield Stage Road Extension, French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I and Phase II, Interstate-15/State Route 79 South Ultimate Interchange, Main Street Bridge Over Murrieta Creek (Replacement), Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Pavement Rehabilitation -Citywide, Citywide Sidewalks, Temecula Community Center Renovation, and various Park Improvements. All of these projects will provide additional opportunities and access to the City and improve the overall quality of life. CAPITAL BUDGET POLICY The purpose of the CIP Budget document is to serve as a planning tool, which coordinates the financing and scheduling of major projects undertaken by the City. The CIP Budget document has been prepared in accordance with generally accepted accounting principles. This document is dynamic and, consequently, must be revised annually to address changing needs, priorities, and financial conditions. The capital improvements presented in this document are the City's major projects, which exceed $30,000 in cost, have long-term life spans, and are generally non-recurring. These projects include land and right-of-way acquisition, design, construction or rehabilitation of public buildings or facilities, public infrastructure design and construction, park design and construction, and redevelopment projects. 7 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TRANSMITTAL MESSAGE (continued) The City's goal in providing a CIP Budget is to develop a multi-year plan for capital improvement, update it annually, and follow through with all capital improvements in accordance with the plan. In determining the relative merit of a proposed project, key management team members evaluate projects for feasibility, community enhancement, infrastructure and historic preservation, and safety. PLAN DEVELOPMENT A component of the Strategic Business Plan includes the integration of the budget with the Quality of Life Master Plan (QLMP). The Quality of Life Master Plan (QLMP) provides the framework for the City's Strategic Budgeting activities. The City Council has set priorities and guided staff in developing six Core Values upon which to focus time and resources (as identified in the QLMP). These areas include: 1. Healthy and Livable City 2. Economic Prosperity 3. A Safe and Prepared Community 4. A Sustainable City 5. Transportation Mobility and Connectivity 6. Accountable and Responsive City Government All projects presented in the CIP are carefully programmed in concurrence with the City's Quality of Life Master Plan to ensure the community's capital improvement needs are met both now and in the future. The project sheets have been updated to include the specific Core Value(s) each project satisfies. The framework for the CIP is further defined in the City's CIP fiscal policy to provide a structure within which fiscal decisions can be made and to optimize all available resources toward the accomplishment of the City's Core Values as defined in the QLMP. This CIP budget document was developed by incorporating input from key management team members based on community comments and feedback received throughout the year. Through several workshops, the team then identified and evaluated community needs in the areas of roads/streets, bridges, public buildings, parks and recreation facilities. Each proposed project was reviewed and discussed to ensure funding, timing, and necessity. The CIP City Council Workshop held on May 22, 2013, provided the City Council with an opportunity to review each project in detail, and to receive public comments concerning the five-year program. All projects were evaluated by the City's Planning Commission to ensure consistency with the provisions of the City of Temecula General Plan, while considering the City's long-term vision as developed by the City Council. The proposed circulation, infrastructure, and parks and recreation projects were reviewed and approved by the Planning Commission, Public/Traffic Safety Commission, and the Parks and Recreation Commission. 8 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TRANSMITTAL MESSAGE (continued) Projects in this document have been scheduled in each of the five fiscal years based on community needs, as determined by the City Council and availability of funding. Priority rankings in each major category (Circulation, Infrastructure/Other, Parks and Recreation, and Successor Agency to the Temecula Redevelopment Agency/ Housing) have been assigned in accordance with the priority guidelines as shown on the Description of Priorities page herein. Additionally, since many projects in the CIP are conceptual in nature, the general outline for cost estimates provided in last year's CIP document was revised and utilized as shown on the Parameters for CIP Budget Cost page herein. The fiscal years 2014-18 CIP identifies a total of fifty two (52) projects consisting of fifteen (15) Circulation projects totaling $306,730,567; the Infrastructure/Other section consists of twenty four (24) projects totaling $35,042,958; the Parks and Recreation section consists of twelve (12) projects totaling $7,421,693; and the Successor Agency to the Temecula Redevelopment Agency (SARDA) / Housing) section consists of one (1) project totaling $12,625,551. The total cost to complete all of the proposed projects is $361,820,769, of which $99,511,614 is programmed for fiscal year 2013-14. Also of note, in this document, there is over $131,000,000 million in projects with unspecified funding sources. These projects have been identified as necessary infrastructure for the City, and will require that funding sources be identified before the projects can commence. Number of Projects 15 24 12 1 52 Type of Pro iect Circulation Infrastructure/Other Parks and Recreation SARDA / Housing CIP BUDGET INFORMATION PROVIDED Information included in this document is as follows: Cost of Pro iects $306,730,567 35,042,958 7,421,693 12,625,551 $361,820,769 • Description of Levels provides the guidelines used in prioritizing projects. • Parameter for CIP Budget Cost Estimates provides standard estimating criteria for project costs. • Description of Revenue Sources provides a general description of sources of revenue for the CIP. • Projected Revenue Summary provides five-year projections for each of the major sources of funds to be utilized for capital improvements. • Project Summary by Type of Project provides summary information of the Capital Improvement projects arrayed on spreadsheets by the type of project and priority. 9 City of Temecula Capital Improvement Program Fiscal Year 2014-18 TRANSMITTAL MESSAGE (continued) • Comparison Between Projected Revenue and Costs provides summary information of costs versus revenue in each fiscal year by source of funds. • Project Description Sheets each sheet provides a Project Description, Benefit/Core Value, Project Status, Department, Level, Project Cost (including the fiscal year or years in which the project is anticipated to be constructed), Source of Funds, Future Operation & Maintenance Costs, and a location map. Project description categories include Circulation, Infrastructure/Other, Parks and Recreation, and SARDA/Housing. • Future Years Projects provide an opportunity for long range planning that exceeds the five-year period in each of the major groupings (Circulation, Infrastructure, Parks and Recreation, Redevelopment and Affordable Housing). CONCLUSION The revenue estimates, although conservative, are strictly estimates. The actual amount of funds available for construction will vary based upon the state of the economy. The City's major revenue sources are primarily received from various County programs, State grant programs, and Special Districts. The City Council will be updated throughout the year on the status of projects and corresponding revenue sources. The fiscal years 2014-18 Capital Improvement Program is a result of a total team effort of both City staff and City Council. There are 38 projects which are scheduled to begin design, construction and/or be completed in fiscal year 2013-14. These projects are intended to enhance the safety and quality of life for all citizens in the City of Temecula. I would like to thank staff and the City Council for all of the contributions that were made in developing the capital budget that will serve as the footprint for Temecula's future. Sincerely, A\C`----- Aaron Adams City Manager 10 City of Temecula Capital Improvement Program Fiscal Year 2014-18 RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2014- 18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-2014 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has riot approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated there under (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does riot order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does riot have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On June 5, 2013, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. 11 City of Temecula Capital Improvement Program Fiscal Year 2014-18 RESOLUTION OF THE CITY COUNCIL (continued) Section 3. The City Council hereby finds and declares that the requirements of Government Code Section 65402(a) shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisition, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. Section 4. The City Council hereby finds that the acquisition of land necessary for the City of Temecula Capital Improvement Program Fiscal Year 2014-18 is consistent with the General Plan. Section 5. That a certain document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program Fiscal Year 2014- 18" include herein appropriations for fiscal year 2013-14, and are hereby adopted. The CIP appropriations for the fiscal year 2012-13 which have not been completed, encumbered, nor included in the fiscal year 2014-18 CIP, are hereby carried over for each applicable project to the fiscal year 2013-14. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 6. Council Member Edwards did not participate in the discussion concerning the Murrieta Creek Improvements project and the Temecula Community Center Renovation project because her employer, the Boys and Girls Club, is located within 500 feet of these projects and they are likely to affect her employer and this property. Council Member Edwards hereby abstains in the approval of this Resolution as such approval relates to the Murrieta Creek Improvements project and the Temecula Community Center Renovation project. Mayor Naggar did not participate in the discussion concerning the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project because he has an interest in real property within 500 feet of the boundaries of these projects and they are likely to affect this property. Mayor Naggar hereby abstains in the approval of this Resolution as such approval relates to the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project. Section 7. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $30,000, if sufficient appropriated funds are available. 12 City of Temecula Capital Improvement Program Fiscal Year 2014-18 RESOLUTION OF THE CITY COUNCIL (continued) D. E. The City Manager may authorize transfers up to $30,000 between approved Capital Improvement Program projects. Notwithstanding Section 7.B. above, pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $30,000. Any expenditures of Public Works funds in excess of $30,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 8. Certification: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of June, 2013. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss ) Michael S. Naggar, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 13 Susan W. Jones, MMC City Clerk City of Temecula Capital Improvement Program Fiscal Year 2014-18 CSMFO CERTIFICATE OF AWARD California Society of NunicipaCFinance Officers Certificate ofAward Capital Budget Excellence Award Fiscal Year 2012-2013 Presented to the City of Temecula For meeting the criteria established to achieve the Capital Budget Excellence Award. February 6, 2013 vziz-111 Laura Nomura CSMFO President Scott Catlett. Chair Professional Standards and Recognition Committee Dedicated Excellence in Municipal Financial Reporting 14 City of Temecula Capital Improvement Program Fiscal Year 2014-18 CITY ORGANIZATIONAL CHART City Attorney City Clerk Public Works Human Resources Economic Development Citizens of Temecula City Council City Manager 15 Commissions Community Development Information Technology/Central Services Community Services Police / Fire City of Temecula Capital Improvement Program Fiscal Year 2014-18 LEVEL 1: LEVEL 11: LEVEL 111: DESCRIPTION OF LEVEL RANKING AND FUTURE YEARS PROJECTS The project is urgent and must be completed as soon as feasible. Failure to address the project may impact the health, safety, or welfare of the community or have a potential significant impact on the financial well-being of the City. The project must be initiated or financial opportunity losses may result. The project is important and addressing it is necessary. The project impacts safety, law enforcement, health, welfare, economic base, quality of life, and has been identified as a priority in the Quality of Life Master Plan. The project will enhance quality of life and will provide a benefit to the community. Completion of the project will improve the community by providing cultural, recreational, and/or aesthetic value, or is deemed as a necessary improvement to a public facility. FUTURE YEARS PROJECTS: The project will be an improvement to the community, but does not necessarily need to be completed within a five- year capital improvement program time frame. 16 City of Temecula Capital Improvement Program Fiscal Year 2014-18 PARAMETERS FOR CIP BUDGET COST ESTIMATES ADMINISTRATION COSTS AS A PERCENTAGE OF ESTIMATED TOTAL PROJEC Estimated Total Project Costs Administration Costs Percentage Over $10 Million 7% $5 Million to $10 Million 10% $1 Million to $5 Million 15% $500,000 to $1 Million 20% $100,000 to $500,000 25% Less than $100,000 30% DESIGN COSTS AS A PERCENTAGE OF TOTAL CONSTRUCTION COSTS Estimated Total Design Costs Construction Costs Percentage Over $10 Million 7% $5 Million to $10 Million 10% $1 Million to $5 Million 15% $500,000 to $1 Million 18% $100,000 to $500,000 20% Less than $100,000 25% ACQUISITION COSTS (vacant, per square foot) Property Zoning Industrial Property Commercial/Retail/Office Commercial — Old Town Rural/Residential Flood Plain Multi -Family Residential Single Family Residential Estimated Cost (vacant, per sq. ft.) $12.00 $20.00 $50.00 $0.50 - $2.00 $0.57 $5.00 $3.00 CONSTRUCTION COSTS Building Type Assembly Use Building (per sq. ft.) Office (per sq. ft.) Multi -Family Housing (per sq. ft.) Community Parks (per acre) Neighborhood Parks (per acre) Estimated Cost $300 $300 $175 $340,000 $250,000 Parameters for the CIP cost estimates are adjusted annually to reflect current economic conditions and cost of living increases. 17 City of Temecula Capital Improvement Program Fiscal Year 2014-18 DESCRIPTION OF REVENUE SOURCES Assembly Bill 2766 (AB 2766) State funds that are available to implement programs and projects that reduce air pollution from motor vehicles. Bicycle Transportation Account (BTA) State funds that are available for projects that improve safety and convenience for bicycle commuters. Capital Project Reserves City General Funds retained for capital improvement projects. Community Development Block Grant (CDBG) Federal funds allocated to local government, usually through a local clearinghouse (Riverside County Economic Development Agency), based on a formula, but required to be applied for and used within a broad functional area such as community development. Community Facilities District (CFD) A tool that allows the City to construct desired and authorized public improvements with costs of the projects paid for by the benefitted properties within the boundaries of a designated area. The costs are then financed through the issuance of bonds payable over a period of years. Development Impact Fees (DIF) Fees generated by development applications to offset the effect of development to include infrastructure, fire protection, public facilities and services, libraries, roads, schools, parks, traffic signal mitigation and open space/public art. Fees are determined by the cost of the project at the time of application. Highway Bridge Program (HBP) Authorized by the Federal Transportation Equity Act for the 21st Century (TEA - 21), this program provides for the replacement or rehabilitation of public highway bridges over waterways, other topographical barriers, other highways or railroads. Measure A (Local Streets and Roads) Funds generated from the one-half percent sales tax levied throughout Riverside County to carry out transportation projects by the County and cities. Quimby The City's park -in -lieu or park development fee is assessed under provisions of the Subdivision Map Act which allows the City to require the dedication of land or the payment of a fee in lieu of land to be used for the purchase (or development) of park property. 18 City of Temecula Capital Improvement Program Fiscal Year 2014-18 DESCRIPTION OF REVENUE SOURCES Successor Agency to the Temecula Redevelopment Agency Affordable Housing Tax Allocation Bonds (TABs) As of January 31, 2012, the Redevelopment Agency of the City of Temecula has been dissolved and the City has elected to become the Successor Agency. The Successor Agency will be responsible for the winding down of the remaining activities of the dissolved Redevelopment Agency. These remaining activities include completing affordable housing projects that are funded with tax allocation bonds issued by the former redevelopment agency. Reimbursements/Other Funding made available from other agencies or sources on a reimbursement, donation, and contribution basis. The actual agreement states the conditions of monies specific to a particular project. Safe, Accountable, Flexible, Efficient, Transportation Equity Act — Legacy for Users (SAFETEA—LU) Signed into law on August 10, 2005, and provides for highways, highway safety, and public transportation to improve safety, reduce traffic congestion, and other activities related to solving transportation problems. This new program takes off where STP, TEA -21, and ISTEA left off. Senate Bill 621 Represents a regional organization made up of tribal governments primarily within Riverside and San Bernardino counties. Tribal Alliance of Sovereign Indian Nations (TASIN) member tribes contribute a percentage of their gaming revenues to the Indian Gaming Special Distribution Fund (SDF), as established by the State Legislature, to offset the impacts of Indian gaming on public services and infrastructure. State Transportation Improvement Program (STIP) Augmentation State funds from a Proposition 1B bond measure that shall be used as additional augmentation funding for the five-year State Transportation Improvement Programs. Surface Transportation Program (STP) Federal funds available for local agencies to improve the safety and efficiency of the local transportation system. Transportation Uniform Mitigation Fee (TUMF) Multi -jurisdictional development impact fee paid for by new development to provide the transportation infrastructure necessary to accommodate new development. 19 20 City of Temecula Capital Improvement Program Fiscal Year 2014-18 PROJECTED REVENUE SUMMARY FUNDING SOURCE ,mailable Projected Projected Projected Projected Projected Projected Fund 2013-2014 2014-20)15 2015-2016 2016-2017 2017-2018 Funds Balance Revenue Revenue Revenue Revenue Revenue Available Assembly Bill 2766 $ 546564 $ 89,346 $ 89,876 $ 90,404 $ 90,930 $ 91,453 $ 997,573 Capital Project Reserves 2,939230 6,283,287 4,860,042 286,648 259,648 230,000 14,856855 Community Development Block Graft (CDBG) 1,629214 1,629214 Community Faciltties Districts Roripaugh Community Facilities District 20,738,478 20,736478 Wdf Creek Community Facilities District 470,658 470,658 Development Impact Fees (Di F) Corporate Facilities - 177,834 296,262 313,572 330,565 32299 1,150,522 Fre Facilities 545,301 136958 76485 86,475 87,760 39,356 971,335 Library Facilities 310,005 324,858 379,388 505,631 564,164 57145 2141,191 Open Space and Trails 366289 236756 56115 144,349 166,797 62,536 1,028,842 Parks and Recreation 1264,802 1,129,892 862548 832357 572,251 214,549 4476,399 Police Facilities 440,499 171,157 41,026 94,643 104,981 28,025 880,331 Public Art 235,440 13,262 16012 13,012 13,012 16012 300,750 Quimby 246,026 711,560 644,545 207,493 249,553 246265 2,304,442 Street Improvements 2,627,942 1,130,716 1,267419 652381 340,807 128,999 6148164 Traffic Signals 211,195 174,311 178,799 92569 48,240 16260 726374 Measure APrograns MeasLreA(Local Streets and Roads) 6039,517 1,014,135 1,019,606 1,024,745 1,029,533 1,033,950 10,161,486 Grants Bicycle Transportation Acccunt (BTA) 126425 126425 Highway Bridge Program (I -BP) 6,250,510 6250,510 SAFETEA-LU 1,600,000 1,600,000 6200,000 STIP Augmentation 31, 545, c00 31,545,000 Surface Transportaton Program (STP) 634285 634,285 Successor Pgencyto the Temecula Redevelopment Pgenx RDA Affordable Housing (TABS 2010) 1,206,427 1,206,427 RDA Affcrdatie Flasing (TABS 2011) 11269,124 11,269,124 Rei mburse ments/Other Shea I-omes Reimbursement 173,808 173,808 Rancho Califorria Water District 266690 265,690 Senate Bills Berate Bill 621 9,487,0% 9,487,0% Transportation Uniform Mitigation Fee (TUMF) Community and Environmental Transportation AccoLntability Program (CETAP/RCTC) 11,475,906 100,000 11575,906 Riverside County Trarsporlation Commission(RCTC) 917,112 6115,795 7,108213 14,141,120 Western Riverside Council of Governments(VVRCCG) 10,987,810 862500 54,6221/) 9,682,370 76155,459 TOTAL REVENUE $57,945,593 $ 44,053,832 $ 18,457,318 $ 67,675,271 $ 45,085,601 $ 2194,849 $235,412,464 21 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT Prior Years PROJECT SOURCE OF FUNDS Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation Abbott Corporation Roadway Improvements Capital Project Reserves 750,000 Butterfield Stage Road Extension CFD (Roripaugh Ranch) 20,919,346 19,571,487 1,166,991 Reimbursement/ Other (Shea Homes) 173,808 Reimbursement/ Other (RCWD) 265,690 TUMF 1,438,000 Flashing Beacons and Speed Advisory Signs DIF (Traffic Signals) 48,444 33,134 Unspecified* French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements -Phase Capital Project Reserves 81,672 48,149 120,000 DIF (Street Improvements) 444,203 Measure A (Local Street and Road) 2,869,351 TUMF (CETAP/RCTC)(1) 8,424,094 9,751,923 1,723,983 TUMF (RCTC)(2) 2,462,295 917,112 TUMF (WRCOG)(3) 660,523 TUMF (WRCOG)(4) 794,572 156,910 French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements -Phase II Capital Project Reserves CFD (Harveston) DIF (Street Improvements) Federal Highway Administration Measure A (Local Streets and Roads) Reimbursements/Other (Land Donation) SAFETEA-LU STIP Augmentation(1) TUMF (RCTC)(2) TUMF (WRCOG)(3) TUMF (WRCOG)(4) TUMF (WRCOG)(5) TUMF (WRCOG)(6) TUMF (WRCOG)(7) Unspecified(8) Interstate -15 / State Route 79 South Ultimate Interchange CFD (Crowne Hill) Reimbursement/ Other (Morgan Hill) SAFETEA-LU Senate Bill 621 TUMF (RCTC/CETAP)(1) TUMF (RCTC/Region)(2) TUMF (RCTC/Region)(3) Unspecified(4) 22 1,243, 363 1,005, 840 75,360 8,000 1,627,914 6,000,000 4,137, 593 3,855,428 35,012 502,211 1,190, 582 4,992,158 4,452,000 3,032 183,060 4,943,842 1,674,248 3,382,465 5,248,176 779,715 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT 2014-15 2015-16 2016-17 2017-18 TOTAL PROJECT COST TO Projected Projected Projected Projected COST COMPLETE CIRCULATION 20,000 120,000 750,000 41,657,824 173,808 750,000 20, 738, 478 173,808 265,690 265,690 1,438,000 81,578 33,134 20,000 20,000 369,821 288,149 444,203 2,869,351 100,000 20, 000, 000 3,379,407 660,523 150,000 1,101, 482 105,000 132,000 105,000 105,000 1,876,455 1,005,840 75,360 8,000 712,500 1,600,000 3,459,205 5,400,000 1,600,000 712,500 11,979,000 34, 510,130 977,695 715,795 7,108,213 10, 552, 887 31,545,000 712,500 8,969,870 17,672,630 49,835,708 23 1,627,914 6,000,000 1,600, 000 31,545,000 4,137, 593 10, 473, 518 3,417,477 2,137, 500 11,979,000 43, 480, 000 68, 486, 033 502,211 1,190, 582 1,600,000 14, 479, 254 4,452,000 5,400,000 7,824,008 10, 552, 887 11,575,906 917,112 1,101,482 633,092 1,600,000 31,545,000 6,618,090 3,382,465 2,137, 500 11,979,000 43, 480, 000 68, 486, 033 1,600,000 9,487,096 5,400,000 7,824,008 10, 552, 887 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT Prior Years PROJECT SOURCE OF FUNDS Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation Main Street Bridge Over Murrieta Creek (Replacement) Medians and Parkways -Citywide Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Pavement Rehabilitation Program -Citywide Capital Project Reserves 41,729 DIF (Street Improvements) 1,071,079 430,054 HBP 6,250,510 DIF (Street Improvements) 134,589 258,459 231,000 Unspecified* Capital Project Reserves DIF (Street Improvements) Reimbursement/ Other (RCWD) Unspecified* 213,600 3,327,765 27,000 4,515,871 21,822 463,759 Capital Project Reserves 3,206,393 1,003,478 1,273,652 Measure A (Local Streets and Roads) 5,605,965 3,807,779 2,245,873 Unspecified* Pavement Rehabilitation Program- Winchester Road Capital Project Reserves 646,190 Surface Transportation Program Fund (STP) 634,285 Traffic Signal Equipment Replacement Program - Citywide DIF (Traffic Signals) 116,894 43,106 155,000 Unspecified* Traffic Signal Installation—Citywide DIF (Traffic) Unspecified* Traffic Signal Interconnect Equipment Installation DIF (Traffic Signals) Unspecified* Western Bypass Bridge Over Murrieta Creek Capital Project Reserves TUMF (WRCOG)(1) TUMF (WRCOG)(2) TUMF (WRCOG)(3) Unspecified(4) 272,409 225,510 707,578 13,500 49,770 7,200 35,773 TOTAL CIRCULATION PROJECTS a $ 81,437,400 $ 62,278,190 $ 11,483,688 24 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT 2014-15 2015-16 2016-17 2017-18 TOTAL PROJECT COST TO Projected Projected Projected Projected COST COMPLETE 3,780,394 1,019,606 750,000 41,729 1,501,133 6,250,510 624,048 750,000 235,422 8,307,395 27,000 10, 731, 657 10, 731, 657 1,024,745 1,029,533 3,775,255 3,770,467 430,054 6,250,510 489,459 750,000 21,822 4,979,630 10, 731, 657 9,263,917 6,057,524 1,033,950 15,767,451 3,766,050 11,311,772 646,190 10,161, 486 11,311,772 646,190 634,285 634,285 205,000 520,000 205,000 80,000 80,000 365,000 317,500 317,500 555,000 537,000 1,680,000 2,772,000 400,000 735,649 296,500 6,389,000 1,905,750 272,409 400,000 282,480 1,479,000 310,000 6,389,000 1,905,750 403,106 365,000 317,500 2,772,000 400,000 56,970 771,422 296,500 6,389,000 1,905,750 $ 17,685,000 $ 94,W81 $ 64,442,000 $ 56,500,708 $ 388,167,967 $ 30= 25 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT PROJECT SOURCE OF FUNDS Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation Bike Lane and Trail Program City Facilities Rehabilitation Citywide Sidewalks Citywide Storm Drain Improvements Developer Reimbursements Facility Improvements / Enhancements / Expansions Fiber Optic Connections Mary Phillips Senior Center and Temecual Valley History Museum Fire Station 73 Living Quarters Upgrade Fire Station Roripaugh Ranch Site -Phase II Library Parking Phase 11 Medians and Ornamental Pedestrian Barriers - Citywide Murrieta Creek Improvements Old Town Public Art Old Town Sidewalk Rehabilitation Open Space Acquisition Program Pechanga Parkway Environmental Mitigation Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension And Interconnect Teen/Young Adult Village DIF (Open Space and Trails) Unspecified* Capital Project Reserves Unspecified* Capital Project Reserves Capital Project Reserves DIF (Corporate Facilities) DIF (Fire) DIF (Parks & Recreation) Unspecified* DIF (Corporate Facilities) DIF (Fire) Unspecified* DIF (Fire) Capital Project Reserves DIF (Library) DIF (Street Improvements) Unspecified* Capital Project Reserves Unspecified* DIF (Public Art) Unspecified* DIF (Open Space and Trails) CFD (Wolf Creek) AB 2766 Bicycle Transportation Account (BTA) Capital Project Reserves Unspecified* Capital Project Reserves Unspecified* Temecula City Entry Monumentation DIF (Public Art) 26 106,212 614,755 24,228 413,056 29,900 132,412 3,258 265,000 212,196 41,746 96,612 78,920 393,788 290,377 10,100 100,000 150,000 470,658 130,654 126,425 30,000 150,000 250,000 500,000 125,000 6,031 1,005 549,722 50,000 150,000 50,000 116,000 28,581 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT 2014-15 2015-16 2016-17 2017-18 TOTAL PROJECT COST TO COMPLETE Projected Projected Projected Projected 250,000 500,000 125,000 680,319 1,070,000 28,000 250,000 500,000 125,000 337,123 400,000 1,480,000 200,000 266,380 500,000 125,000 393,500 547,200 150,000 150,000 28,000 28,000 3,575,000 2,750,000 125,000 COST 500,000 500,000 3,266,380 3,266,380 1,500,000 1,393,788 1,000,000 1,000,000 625,000 625,000 905,132 290,377 6,031 6,031 1,005 1,005 1,567,164 1,567,164 400,000 400,000 50,000 50,000 150,000 150,000 1,480,000 1,480,000 250,000 250,000 24,228 1,599,056 1,186, 000 40,000 10,100 940,700 940,700 132,412 150,000 150,000 150,000 103,258 100,000 980,000 1,280,000 1,280,000 415,000 150,000 28,000 794,854 582,658 7,071,000 27 200,981 159,235 223,037 126,425 78,920 7,071,000 7,071,000 30,000 30,000 3,575,000 3,575,000 150,000 150,000 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT PROJECT SOURCE OF FUNDS Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation Temecula Community Center Renovation Temecula Park and Ride Temecula Valley Entrepreneur's Exchange Theater Remediation YMCA Repair and Remediation CDBG DIF (Parks & Recreation) AB 2766 Capital Project Reserves Unspecified* DIF (Corporate Facilities) Capital Project Reserves Capital Project Reserves DIF (Corporate Facilities) DIF (Quimby) 18,076 170,746 92,126 272,967 114,492 84,166 1,181,924 219,654 20,508 710,834 122,290 617,710 200,000 2,084,175 161,047 511,129 723,824 r TOTAL INFRASTRUCTURE/OTHER PROJECTS $ 2,770,868 $ 3,984,922 $ 6,246,514 Mik KC/RFCREATIO Children's Museum Enhancement Project Daisen Garden and the "Singing in the Rain" Statue Enhancement at the Temecula Duck Pond Flood Control Channel Reconstruction and Repair Neighborhood Park Security Lighting Parks Improvement Program Patricia H Birdsall Sports Park Synthetic Turf Enhancement Playground Equipment Enhancement and Safety Surfacing Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond Sam Hicks Monument Park Playground Enhancement Senior Citizen Outdoor Fitness Lot Special Needs Playground Tennis Court Lighting - Great Oak High School DIF (Parks & Recreation) DIF (Quimby) Capital Project Reserves Unspecified* DIF (Quimby) Unspecified* Capital Project Reserves DIF (Quimby) Unspecified* DIF (Parks & Recreation) Unspecified* DIF (Quimby) Unspecified* Capital Project Reserves Proposition 42 Reimbursements/Other (FEMA)* CDBG DIF (Quimby) DIF (Parks & Recreation) DIF (Parks & Recreation) DIF (Quimby) Unspecified* DIF (Parks & Recreation) 28,457 35,841 172,866 50,000 355,683 88,000 167,357 4,026 31,494 44,965 85,543 214,159 77,134 50,000 85,774 315,006 500,000 404,535 150,000 250,000 250,000 29,650 125,000 145,800 210,148 TOTAL PARKS CREATION PROJECTS 978,689 $ 1,732,151 $ 1,160,598 28 $ 844,648 $ 1,184,648 $ 1,484,648 $ 1,015,000 $ 8,400,382 $ 7,421,693 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT 2014-15 2015-16 2016-17 2017-18 TOTAL PROJECT COST TO Projected Projected Projected Projected COST COMPLETE 564,175 89,695 1,345,130 1,322,290 1,008,110 745,996 272,967 1,345,130 335,000 1,304,214 837,364 653,870 1,345,130 220,508 2,879,175 2,795,009 161,047 511,129 723,824 161,047 511,129 723,824 $ 3,217,494 $ 5,298,448 $ 5,191,580 $ 11,104,000 $ 37,813,826 $ 35,042,958 PARKS / RECREATION 200,000 325,000 290,000 29,648 250,000 40,000 40,000 200,000 200,000 325,000 325,000 340,000 390,000 29,648 29,648 500,000 250,000 325,000 440,000 114,000 85,543 150,000 150,000 500,000 500,000 80,000 700,000 50,000 400,000 325,000 975,000 290,000 1,170, 000 474,277 88,000 167,357 175,000 145,800 89,800 346,500 500,000 500,000 464,159 500,000 80,000 527,134 400,000 325,000 975,000 290,000 1,170, 000 118,594 175,000 145,800 85,774 315,006 500,000 500,000 659,648 614,683 29 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT PROJECT SOURCE OF FUNDS Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation ', G Affordable Housing CDBG SARDA Housing Tax Increment SARDA Housing (2010 TABS) SARDA Housing (2011 TABS) 2,842,790 4,000,000 1,859,666 150,000 1,206,427 11,269,124 TOTAL SARDA PROJECTS 8,702,456 12, 625, 551 TOTALS $ 93,889,413 $ 80,620,814 $ 18,890,800 30 Capital Improvement Budget Fiscal Year 2014-18 PROJECT SUMMARY BY TYPE OF PROJECT 2014-15 2015-16 2016-17 2017-18 TOTAL PROJECT COST TO Projected Projected Projected Projected COST COMPLETE SARDA / HOUSING 150,000 2,842,790 5,206,427 13,128, 790 150,000 1,206,427 11, 269,124 21,328,007 12,625,551 $ 21,747,142 $ 100,824,077 $ 71,118,228 $ 68,619,708 $ 455,710,182 $ 361,820,769 31 City of Temecula Capital Improvement Program Fiscal Year 2014-18 EXPENDITURE SUMMARY BY PROJECT INFRASTRUCTURE 10% PARKS and RECREATION 2% SARDA/ HOUSING 3% 85% CIRCULATION PROJECTED EXPENDITURES: $361,820,769 32 City of Temecula Capital Improvement Program Fiscal Year 2014-18 DIF 9% CIP MAJOR REVENUE SOURCES OTHER 0% FEDERAL 4% SARDA Sod STATE 18% SPECIAL DISTRICTS 4 CITY 7% 48% COUNTY PROJECTED REVENUES: $235,412,464 33 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS Project Fiscal Year Prior Years Ended 2013 Available Fund Actual Carry over Balance Expenditures Budget Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension And Interconnect 41,746 130,654 Temecula Park and Ride 92,126 Total Cost $ 133,872 $ 130,654 Total Revenue $ 545,564 ct Reserve Abbott Corporation Roadway Improvements 750,000 City Facilities Rehabilitation 106,212 393,788 Citywide Sidewalks Citywide Storm Drain Improvements 614,755 290,377 Flood Control Channel Reconstruction and Repair 35,841 214,159 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements- Phasel 81,672 48,149 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements- Phasell 1,243,363 3,032 Library Parking Phase II 24,228 Main Street Bridge Over Murrieta Creek (Replacement) 41,729 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road 213,600 Murrieta Creek Improvements 132,412 Parks Improvement Program 172,866 77,134 Pavement Rehabilitation Program- Citywide 3,206,393 1,003,478 Pavement Rehabilitation Program Winchester Road Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 355,683 Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect 78,920 Teen/Young Adult Village 30,000 Temecula Park and Ride 272,967 Theater Remediation 84,166 710,834 Western Bypass Bridge Over Murrieta Creek 225,510 49,770 YMCA Repair and Remediation Total Cost Total Revenue $ 6,890,317 $ 3,570,721 $ 2,939,230 Affordable Housing Sam Hicks Monument Park Playground Replacement Temecula Community Center Renovation 18,076 150,000 50,000 1,181,924 Total Cost $ 18,076 $ 1,381,924 Total Raven Butterfield Stage Road Extension French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements- Phasell Interstate -15 / State Route 79 South Ultimate Interchange Pechanga Parkway Improvements Environmental Mitigation 20,919,346 19,571,487 1,005,840 502,211 212,196 470,658 Total Cost $ 22,639,593 $ 20,042,145 ■ Total Revenue $ 21,209,136 34 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Cost To Funds Appropriation Projected Projected Projected Projected Cost Complete Available 28,581 564,175 89,695 200,981 159,235 745,996 653,870 $ 28,581 $ 564,175 $ 89,695 $ 946,977 $ 813,105 $ 89,346 $ 89,876 $ 90,404 $ 90,930 $ 91,453 $ 997,573 750,000 500,000 500,000 1,500,000 125,000 125,000 125,000 125,000 125,000 625,000 905,132 250,000 500,000 120,000 120,000 369,821 183,060 105,000 132,000 105,000 105,000 1,876,455 24,228 41,729 21,822 235,422 132,412 250,000 200,000 700,000 1,273,652 3,780,394 9,263,917 646,190 646,190 29,650 29,648 29,648 29,648 474,277 78,920 30,000 272,967 2,084,175 2,879,175 7,200 282,480 161,047 161,047 750,000 1,393,788 625,000 290,377 464,159 288,149 633,092 21,822 527,134 6,057,524 646,190 118,594 30,000 2,795,009 56,970 161,047 $ 5,651,796 $ 4,860,042 $ 286,648 $ 259,648 $ 230,000 $ 21,749,172 $ 14,858,855 $ 6,283,287 $ 4,860,042 $ 286,648 $ 259,648 $ 230,000 $ 14,858,855 125,000 122,290 150,000 175,000 1,322, 290 150,000 175,000 1,304,214 $ 247,290 $ 1,647,290 $ 1,629,214 $ 1,629,214 $ 1,629,214 1,166, 991 28,000 28,000 28,000 28,000 41,657,824 20,738,478 1,005,840 502,211 794,854 582,658 $ 1,166,991 $ 28,000 $ 28,000 $ 28,000 $ 28,000 $ 43,960,729 $ 21,321,136 $ - $ 21,209,136 35 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS Project Development Impact Fees (DIF) Fiscal Year Prior Years Ended 2013 Available Fund Actual Carry over Balance Expenditures Budget DIF- Corporate Facilities Developer Reimbursements Fiber Optic Connection Mary Phillips Senior center and Temecula Valley History Museum Temecula Valley Entrepreneur's Exchange 114,492 20,508 YMCA Repair and Remediation DIF - Fire Facilities Developer Reimbursements Fire Station 73 Living Quarters Upgrade Fire Station Roripaugh Ranch Site- Phase II Total Cost Total Revenue Total Cost $ 114,492 $ 20,508 Total Revenue $ 545,301 DIF - Library Facilities Library Parking Phase 11 413,056 Total Cost Total Revenue $ 413,056 310,005 DIF - Open Space / Trails Bike Lane and Trail Program Open Space Acquisition Program 265,000 150,000 DIF - Parks & Recreation Children's Museum Enhancement Project Developer Reimbursements Patricia H Birdsall Sports Park Synthetic Turf Replacement Senior Citizen Outdoor Fitness Lot Special Needs Playground Temecula Community Center Renovation Tennis Court Lighting - Great Oak High School DIF - Police Facilities Total Cost $ 265,000 $ 150,000 Total Revenue $ 368,289 28,457 85,543 4,026 85,774 31,494 315,006 170,746 219,654 44,965 404,535 Total Cost $ 279,688 $ 1,110,512 Total Revenue $ 1,264,802 Total Cost Total Revenue $ 440,499 DIF - Public Art Old Town Public Art Temecula City Entry Monumentation Total Cost 3,258 100,000 150,000 $ 3,258 $ 250,000 Total Revenue $ 235,440 DIF - Quimby Daisen Garden and the "Singing in the Rain" Statue enhancement at the Temecula Duck Pond Parks Improvement Program Playground Equipment Enhancement and Safety Surfacing Sam Hicks Monument Park Playground Enhancement Special Needs Playground YMCA Repair and Remediation 36 Total Cost 50,000 500,000 $ 50,000 $ 500,000 Total Revenue $ 246,026 $ 171,157 $ 41,026 $ 94,643 $ 104,981 $ 28,025 $ 880,331 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Cost To Funds Appropriation Projected Projected Projected Projected Cost Complete Available 6,031 50,000 200,000 511,129 6,031 6,031 50,000 335,000 511,129 50,000 220,508 511,129 $ 767,160 $ 902,160 $ 787,668 $ 177,834 $ 296,262 $ 313,572 $ 330,555 $ 32,299 $1,150,522 1,005 150,000 50,000 200,000 1,005 150,000 250,000 1,005 150,000 250,000 $ 201,005 $ 200,000 $ 401,005 $ 401,005 $ 138,958 $ 73,485 $ 86,475 $ 87,760 $ 39,356 $ 971,335 116,000 1,070,000 1,599,056 1,186, 000 $ 116,000 $ 1,070,000 $ 1,599,056 $ 1,186,000 $ 324,858 $ 379,388 $ 505,631 $ 564,164 $ 57,145 $ 2,141,191 250,000 250,000 500,000 500,000 415,000 150,000 $ 250,000 $ 250,000 $ 915,000 $ 650,000 $ 233,756 $ 53,115 $ 144,349 $ 166,797 $ 62,536 '$ 1,028,842 549,722 617,710 210,148 680,319 337,123 325,000 114,000 1,567,164 325,000 89,800 346,500 1,008,110 659,648 85,543 1,567,164 325,000 85,774 315,006 837,364 614,683 $ 1,377,580 $ 1,005,319 $ 337,123 $ 4,110,222 $ 3,830,534 $ 1,129,892 $ 862,548 $ 832,357 $ 572,251 $ 214,549 $ 4,876,399 103,258 100,000 $ 150,000 $ 150,000 $ 253,258 $ 250,000 $ 13,262 $ 13,012 $ 13,012 $ 13,012 $ 13,012 $ 300,750 150,000 150,000 150,000 50,000 290,000 290,000 290,000 145,800 145,800 145,800 500,000 500,000 723,824 723,824 723,824 $ 1,019,624 $ 290,000 $ 1,859,624 $ 1,809,624 $ 711,560 $ 644,545 $ 207,493 $ 249,553 $ 245,265 $ 2,304,442 37 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS Project Available Fund Balance Prior Years Actual Expenditures Fiscal Year Ended 2013 Carry over Budget DIF - Street Improvements French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements- Phasel French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements - Phasell Main Street Bridge Over Murrieta Creek (Replacement) Median and Ornamental Pedestrian Barriers- Citywide Medians and Parkways -Citywide Murrieta Creek Bridge and Overland Drive Extension to Diaz Road DIF - Traffic Signals Flashing Beacons and Speed Advisory Signs Traffic Signal Equipment Replacement Program- Citywide Traffic Signal Installation — Citywide Traffic Signal Interconnect Equipment Installation Total Cost 444,203 75,360 1,071,079 29,900 134,589 3,327,765 430,054 10,100 258,459 4,515,871 $ 5,082,896 $ 5,214,484 Total Revenue $ 2,627,942 Total Cost 48,444 116,894 272,409 33,134 43,106 $ 437,747 $ 76,240 Total Revenue $ 211,195 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Phase) French Valley Parkway / Interstate -15 Over -Crossing and Interchange Phasell Pavement Rehabilitation Program -Citywide I mprovements- I mprovements- Total Cost 2,869,351 1,627,914 5,605,965 3,807,779 $ 10,103,230 $ 3,807,779 Total Revenue $ 5,039,517 Federal and State Grants (BTA / FHA / HBP / SAFETEA-LU / STP) French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements - Phasell French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements - Phasell French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements - Phasell Interstate -15 / State Route 79 South Ultimate Interchange Main Street Bridge Over Murrieta Creek (Replacement) Pavement Rehabilitation Program -Winchester Road Santa Gertrudis Creek Pedestrian Bicycle Trail Extension and Interconnect Total Cost 8,000 96,612 6,250,510 126,425 $ 104,612 $ 6,376,935 Total Revenue Propositio Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond Total Cost Total Revenue 88,000 $ 88,000 SARDA / Housi Affordable Housing 2,842,790 Total Cost Total Revenue SARDA / Ho Affordable Housing $ 2,842,790 5,859,666 12,475,551 Total Cost $ 5,859,666 $ 12,475,551 Total Revenue $ 12,475,551 38 $ 12,475,551 $ 7,011,220 $ 1,600,000 $ 1,600,000 $ 31,545,000 $ 41,756,220 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Cost To Funds Appropriation Projected Projected Projected Projected Cost Complete Available 231,000 463,759 444,203 75,360 1,501,133 40,000 624,048 8,307,395 430,054 10,100 489,459 4,979,630 $ 694,759 $ 10,992,139 $ 5,909,243 $ 1,130,716 $ 1,267,319 $ 652,381 $ 340,807 $ 128,999 $ 6,148,164 155,000 205,000 317,500 81,578 520,000 317,500 272,409 33,134 403,106 317,500 $ 155,000 $ 522,500 $ 1,191,487 $ 753,740 $ 174,311 $ 178,799 $ 92,569 $ 48,240 $ 18,260 $ 723,374 2,245,873 1,019,606 1,024,745 1,029,533 1,033,950 2,869,351 1,627,914 15,767, 451 10,161, 486 $ 2,245,873 $ 1,019,606 $ 1,024,745 $ 1,029,533 $ 1,033,950 $ 20,264,716 $ 10,161,486 $ 1,014,135 $ 1,019,606 $ 1,024,745 $ 1,029,533 $ 1,033,950 $10,161,486 1,600, 000 634,285 1,600,000 31,545,000 8,000 1,600,000 1,600,000 31,545,000 31,545,000 1,600,000 1,600,000 6,250,510 6,250,510 634,285 634,285 223,037 126,425 $ 634,285 $ 1,600,000 $ 1,600,000 $ 31,545,000 $ 41,860,832 $ 41,756,220 88.000 $ 88,000 2,842,790 $ 2,842,790 18, 335, 217 12, 475, 551 $ 18,335,217 $ 12,475,551 39 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS Project Fiscal Year Prior Years Ended 2013 Available Fund Actual Carry over Balance Expenditures Budget Reimbursements/Other Butterfield Stage Road Extension Butterfield Stage Road Extension French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 Interstate -15 / State Route 79 South Ultimate Interchange Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond p Total Cost Total Revenue 173,808 265,690 6,000,000 1,190,582 27,000 167,357 $ 7,384,939 $ 439,498 Interstate -15 / State Route 79 South Ultimate Interchange Total Cost 4,992,158 5,248,176 $ 4,992,158 $ 5,248,176 Total Revenue $ 9,487,096 Butterfield Stage Road Extension 1,438,000 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase I 8,424,094 9,751,923 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase I 2,462,295 917,112 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase I 660,523 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements- Phasel 794,572 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 4,137,593 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 3,855,428 4,943,842 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 35,012 3,382,465 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements - Phase 11 Interstate -15 / State Route 79 South Ultimate Interchange 4,452,000 Interstate -15 / State Route 79 South Ultimate Interchange Interstate -15 / State Route 79 South Ultimate Interchange Western Bypass Bridge Over Murrieta Creek 707,578 35,773 Western Bypass Bridge Over Murrieta Creek 13,500 Western Bypass Bridge Over Murrieta Creek Total Cost Total Revenue 40 $ 26,186,023 $ 19,825,687 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Cost To Funds Appropriation Projected Projected Projected Projected Cost Complete Available 173,808 265,690 6,000,000 1,190, 582 27,000 167,357 173,808 265,690 $ 7,824,437 $ 439,498 $ 439,498 $ 439,498 779,715 3,459,205 14,479,254 9,487,096 $ 779,715 $ 3,459,205 $ 14,479,254 $ 9,487,096 $ 9,487,096 1,438,000 1,723, 983 100,000 20, 000, 000 11, 575, 906 3,379,407 917,112 660,523 156,910 150,000 1,101, 482 1,101, 482 4,137, 593 1,674,248 10,473,518 6,618,090 3,417,477 3,382,465 712,500 712,500 712,500 2,137,500 2,137,500 11, 979, 000 11,979, 000 11, 979, 000 34,510,130 8,969,870 43,480,000 43,480,000 4,452,000 5,400,000 5,400,000 5,400,000 715,795 7,108,213 7,824,008 7,824,008 735,649 1,479,000 771,422 296,500 310,000 296,500 6,389,000 6,389,000 6,389,000 $ 3,555,141 $ 7,078,295 $ 61,730,992 $ 9,682,370 $ 128,058,508 $ 101,872,485 $ 23,380,828 $ 7,078,295 $ 61,730,992 $ 9,682,370 $ 101,872,485 41 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS Project Fiscal Year Prior Years Ended 2013 Available Fund Actual Carry over Balance Expenditures Budget Un Bike Lane and Trail Program City Facilities Rehabilitation Facility Improvements/Enhancements/Expansions Fire Station 73 Living Quarters Upgrade Flashing Beacons and Speed Advisory Signs Flood Control Channel Reconstruction and Repair French Valley Parkway/ Interstate-15Over-Crossingand Interchange Improvements- PhaseII Interstate-15 / State Route 79 South Ultimate Interchange Median and Ornamental Pedestrian Barriers- Citywide Medians and Parkways- Citywide Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Murrieta Creek Improvements Neighborhood Park Security Lighting Old Town Sidewalk Rehabilitation Parks Improvement Program Patricia H Birdsall Sports Park Synthetic Turf Enhancement Pavement Rehabilitation Program- Citywide Playground Equipment Enhancement and Safety Surfacing Special Needs Playground Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension And Interconnect Teen/Young Adult Village Temecula Park and Ride Traffic Signal Equipment Replacement Program- Citywide Traffic Signal Installation — Citywide Traffic Signal Interconnect Equipment Installation Western Bypass Bridge Over Murrieta Creek Total Cost Total Revenue Grand Total Cost $ 93,889,413 $ 80,620,814 Grand Total Revenue $ 57,945,593 42 Capital Improvement Budget Fiscal Year 2014-18 COMPARISON BETWEEN PROJECTED REVENUE AND COSTS 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Cost To Funds Appropriation Projected Projected Projected Projected Cost Complete Available 250,000 266,380 2,750,000 3,266,380 3,266,380 500,000 500,000 1,000,000 1,000,000 400,000 400,000 400,000 1,480,000 1,480,000 1,480,000 20,000 20,000 20,000 250,000 250,000 500,000 500,000 977,695 17,672,630 49,835,708 68,486,033 68,486,033 10, 552, 887 10, 552, 887 10, 552, 887 393,500 547,200 940,700 940,700 750,000 750,000 750,000 10, 731, 657 10, 731, 657 10,731, 657 150,000 150,000 150,000 40,000 40,000 80,000 80,000 150,000 150,000 980,000 1,280,000 1,280,000 200,000 200,000 400,000 400,000 325,000 325,000 325,000 975,000 975,000 3,775,255 3,770,467 3,766,050 11,311,772 11,311,772 340,000 390,000 440,000 1,170, 000 1,170, 000 500,000 500,000 500,000 7,071,000 7,071,000 7,071,000 3,575,000 3,575,000 3,575,000 1,345,130 1,345,130 1,345,130 205,000 80,000 80,000 365,000 365,000 555,000 537,000 1,680,000 2,772,000 2,772,000 400,000 400,000 400,000 1,905,750 1,905,750 1,905, 750 $ 35,526,874 $ 28,573,677 $ 67,327,758 $ 131,428,309 $ 131,428,309 $ 18,890,800 $ 21,747,142 $ 100,824,077 $ 71,118,228 $ 68,619,708 $ 455,710,182 $ 361,820,769 $ 44,053,832 $ 18,457,318 $ 67,675,271 $ 45,085,601 $ 2,194,849 $ 235,412,464 43 44 City of Temecula Capital Improvement Program Fiscal Year 2014-18 CIRCULATION PROJECTS Table of Contents Abbott Corporation Roadway Improvements 47 Butterfield Stage Road Extension 49 Flashing Beacons and Speed Advisory Signs 51 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements -Phase I 53 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements -Phase 11 55 Interstate -15 / State Route 79 South Ultimate Interchange 57 Main Street Bridge Over Murrieta Creek (Replacement) 59 Medians and Parkways -Citywide 61 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road 63 Pavement Rehabilitation Program -Citywide 65 Pavement Rehabilitation Program -Winchester Road 67 Traffic Signal Equipment Replacement Program — Citywide 69 Traffic Signal Installation — Citywide 71 Traffic Signal Interconnect Equipment Installation 73 Western Bypass Bridge Over Murrieta Creek 75 45 ABBOTT CORPORATION ROADWAY IMPROVEMENTS Circulation Project Location Aerial Data - March 2010 Feet 0 260 520 1,040 46 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 ABBOTT CORPORATION ROADWAY IMPROVEMENTS Circulation Project Project Description: This project includes the design and construction of roadway improvements on Motor Car Parkway, Ynez Road, Margarita Road, and Solana Way. Benefit / Core Value: This project improves traffic circulation on Motor Car Parkway, Ynez Road, Margarita Road, and Solana Way. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity and Economic Prosperity. Project Status: This project is estimated to end construction by June 2014. Department: Public Works—Account No. 210.165.620 Level: II Project Cost: Prior Years Actual Experxitr.res Construction Totals $ Fiscal Year Ended 2013 Carryover Budget $ 750,000 $ 750,000 2013-14 Adopted 2014-15 2015-16 Appropiaticn Projected Projected $ $ $ 2016-17 Projected $ 2017-18 Projected $ Tctal Project Cost $ 750,000 $ 750,000 Fiscal Year Sourced Funds: Prior Years 6ided2013 2013-14 Actual Carryover' Adopted 2014-15 2015-16 2016-17 2017-18 Total Prcject Expetxitr.res Budget I Appropiaticn Projected Projected Projected Projected Cost cta Reserves $ 750,000 $ 750,000 Tctal Rrxing $ - $ 750,000 $ - $ - $ - $ - $ - $ 750,000 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 $ 5,100 $ 5,202 ] $ 5,306 $ 5,412 $ 5,520 BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Location 1 7 m r z J �,Cr W O EZ re -1U -J � g • '701- 'NGSRD CAMINO CIELO LIEFER RO SOUTH LOOP RD 1 CALLE GIRASOL PM6FR��-c O= 0 40 c°1•410 cy£1 } C•). O,O<T CALLE CHAPOS Aerial Data - March 2010 0 512.5 1,025 Feet 2,050 48 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Project Description: This project includes the complete design and construction of four lanes on Butterfield Stage Road (from Rancho Califomia Road to Murrieta Hot Springs Road), four lanes on Murrieta Hot Springs Road (from Butterfield Stage Road to the City limits), and two lanes on Calle Chapos (from Butterfield Stage Road to Walcott Road), totaling approximately 3.2 miles of road. Benefit / Core Value: This project improves traffic circulation by providing a crucial north and south arterial road on the eastern side of the City. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. Project Status: Phase II of this project is under construction and is anticipated to be completed by January 2014. Department: Public Works—Account No. 210.165.723 Level: 1 Project Cost: Prior Years Actual ExperKitrxes Fisc Year Bided 2013 Carrsrover Budget 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Ppprnpriation Projected Projected Projected Projected Tctar Defect Cost Administration $ 983,739 $ 408,721 $ 100,000 $ 1,492,460 Acquisition $ 15,006,728 $ 2,051,352 $ 1,166,991 $17,058,080 Construction $ 5,677,010 $16,967,877 $ 1,066,991 $23,711,878 Construction $ 173,808 $ 173,808 Engineering $ 99,745 $ 273,255 $ 373,000 Design $ 590,124 $ 309,780 $ 899,904 Totals $22,357,346 $20,010,985 $ 1,166,991 $ - $ - $ - $ - $43,535,322 Fisc Year Source of Funds: Prier Years Bided 2013 Actual Carryover Expatitr.res Budget 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Ppprepriation Projected Projected Projected Projected Tctar Prefect Cost CFD (Ronpaugh Ranch) $20,919,346 $19,571,487 $ 1,166,991 $41,657,824 Reimbursement/ Other (Shea Homes) $ 173,808 $ 173,808 Reimbursement( I Other (ROAD) $ 265,690 $ 265,690 1UMF $ 1,438,000 $ 1,438,000 Total Funding: $ 22,357,346 $20,010,985 $ 1,166,991 $ - $ - $ - $ - $43,535,322 Future Operaion & Maintenance Costs: 2013-14 2014-15 201516 2016-17 2017-18 $ 18,3601 $ 18,727 $ 19,102 $ 19,484 Nate: Assumes that only minor right-of-way acquisitions vaaald be necessary and that all major right-aPvaay decications are voluntary. 49 FLASHING BEACONS AND SPEED ADVISORY SIGNS Circulation Project Location S • NEW 50 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FLASHING BEACONS AND SPEED ADVISORY SIGNS Circulation Project Project Description: This project maintains the City's Neighborhood Traffic Calming Program by installing flashing beacons and/or speed advisory signs at school sites and neighborhoods. This project includes solar powered panels, chargeable batteries, and programmable timers to advise motorists of the school zone and residential speed limits. Benefit / Core Value: This project improves traffic safety in neighborhoods and school zones. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity. Project Status: The installation of flashing beacons and LED speed limit display signs are ongoing. Department: Public Works—Account No. 210.165.670 Level: Project Cost: fiscal Year Prior Years Ended 2013 2013-14 Actual Carrycnrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Project Expencitures Budget Ppprcpriaticn Proected Projected Projected Projected Cost Administration $ 48,444 $ 6,000 $ 2,000 $ 8,000 Canstructiai $ 48,444 $ 21,134 $ 16,000 $ 85,578 Desigl $ 48,444 $ 6,000 $ - $ - $ - $ 2,000 $ - $ 8,000 Totals $ 48,444 $ 33,134 $ - $ - $ - $ 20,000 $ - $ 101,578 Fiscal Year Source of Funds Prior Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Project Expen itures Budget Ppprcpriaticn Projected Projected Projected Projected Cost DIF (Tr-fic Sig -els) $ 48,444 $ 33,134 $ 81,578 Unspecified" $ 20,000 $ 20,000 Total Rr ing: $ 48,444 $ 33,134 $ - $ - $ - $ 20,000 $ - $ 101,578 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 $ 1,020 $ 1.040 $ 1,061 "Prvje t carrot be ccnstn icted until a finding sauce is identified. 51 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 52 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FRENCH VALLEY PARKWAY / INTERSTATE 15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE 1 Circulation Project Protect Description: This project includes the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate 15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate 15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate 15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. The project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit / Core Value: This project improves traffic circulation by providing another southbound off -ramp from Interstate 15, and adds a lane to the Interstate 15 southbound off -ramp to Winchester. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Construction is estimated to be completed by December 2014. Department: Public Works—Account No. 210.165.719 Level: I Project Cost: Prior Years Actual laqoericittres Rscal Year Bhded2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 Burger A pptcptiatien Projected Projected Projected 2017-18 Total Project Projected Cost Adrrinistration $ 794,021 $ 120,000 $ 120,000 $ 1,034,021 Acquisition $ 4,957,117 $ 222,595 $ 1,155,483 $ 50,000 $ 6,385,195 Construction $ 5,946,355 $ 9,529,328 $ 568,500 $ 50,000 $16,094,183 Construction $ 444,203 $ 444,203 Engineering $ 1,298,836 $ 1,754,295 $ 51,000 $ 50,000 $ 3,154,131 Design $ 1,945,809 $ 5,538 $ 105,910 $ 100,000 $ 2,157,257 Totals $ 14,942,138 $11,511,756 $ 2,000,893 $ 370,000 $ - $ - $ - $28,824,787 Source of Funds: Prior Years Actual Ezper icitt,res Rscal Year Bhded 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 xig3t Appropriation Projected Projected Projected 2017-18 Total Project Projected C:aet Capital Project Reserves $ 81,672 $ 48,149 $ 120,000 $ 120,000 $ 369,821 DIF (Street Irrprovemerts) $ 444,203 $ 444,203 Measure A (Local Street and Road) $ 2,869,351 $ 2,869,351 1UMF (CETAPrRCrC)0) $ 8,424,094 $ 9,751,923 $ 1,723,983 $100,000 $20,000,000 1UMF (RCrC) $ 2,462,295 $ 917,112 $ 3,379,407 1UMF(VVP000y) $ 660,523 $ 660,523 1UMF (WaCOGX4) $ 794,572 $ 156,910 $150,000 $ 1,101,482 Total Funding: $ 14,942,138 $11,511,756 $ 2,000,893 $370,000 $ - $ - $ - $28,824,787 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 $ -I $ -I $ -I $ -I (1) TUvF (CETAPiRCtC) - Fundng is pu-suant to the RCTCAgreerrent No. 11-72-0036-00 in the arourt of $20,000,000 to dare ($4,700,000-PDW $15,300,000-Constnaction). (2) TUvF (ROTC)- Regional fundng is pursuant to the RCTCAgreement Na. 06-72-048-00 fcr a total of $7,517,000 ($5,517,000-ROWand $2,000,000- FS4E). Fhase I is $1,682,000-ROWand $203,784-FS8E- See slso Fhase II. (3) TUvF (NARCOG) - Zone fundng is pursuant to NARCCG Ag-eemert No. 055-SWTHvt-1064 for a total of $4,078,000 ($108,724-PARFD,, $3,969,296- FS4E) - See also Fhase II. (4)11.1/F (VAP00G) - Zone funding is pursuant to'APcOG Ag-eemert I\b. 06-SW1Hvt-1079 fora total of $11,575,000 ($975,752-PARFD,, $8,925,000- FS4& $1,674,248 -ROW- See also Fhase II. 53 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE II Circulation Project Location o4 iErtim�. Aerial Data - March 2010 0 800 1,600 Feet 3,200 54 2016-17 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE II Circulation Project Project Description: This project includes the design and construction of a bridge over -crossing over Interstate 15 from Jefferson Avenue to Ynez Road, including curb and gutters, pavement, sidewalks, and new traffic signals. Benefit / Core Value: This project will address and improve traffic circulation in the City's northern area by providing a full service interchange from Interstatel5 with on and off ramps in both directions. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: This project is currently under design and is scheduled for completion in December 2014. Construction will be completed in future years, when funding is available. Department: Public Works—Account No. 210.165.726 Level: 1 Project Cost: Fiscal Year PriorYears Ended2013 2013-14 Actual Carryover Adopted 2014-15 Expenciti.res Budget Appropriation Projected 2015-16 Projected 2016-17 Projected 2017-18 Projected Total Project Cost Administration $ 1,480,287 $ 3,032 $ 183,060 $ 105,000 $ 132,000 $ 105,000 $ 105,000 $ 2,113,374 Acgisition $ 9,318,556 $ 27,616 $ 1,674,248 $ 712,500 $ 7,629,325 $ 105,000 $ 105,000 $ 19,362,245 Caltrans O.ersight $ 1,005,840 $ 4,600,000 $ 6,900,000 $ 5,800,000 $ 17,300,000 Construction $ 75,360 $35,000,000 $52,000,000 $44,035,708 $ 131,035,708 Design $ 7,189,672 $ 8,298,691 $ 15,488,363 IV -CP $ 8,000 $ 2,550,000 $ 2,550,000 Totals $ 17,988,510 $ 8,329,339 $ 1,857,308 $ 817,500 $49,911,325 $59,005,000 $49,940,708 $ 187,849,690 Saxce of Fuxls: PriorYears Actual Expencitires Fiscal Year Ended2013 2013-14 Carryover Adopted 2014-15 Budget Appropriation Projected 2015-16 Projected 2016-17 Projected 2017-18 Projected Total Project Cost Capital Project Reser'es $ 1,243,363 $ 3,032 $ 183,060 $ 105,000 $ 132,000 $ 105,000 $ 105,000 $ 1,876,455 CFD(I-trvestcn) $ 1,005,840 $ 1,005,840 DIF (Sreet Irrpr venents) $ 75,360 $ 75,360 Federal lighnay Administration $ 8,000 $ 8,000 IVeasr.re A (Lccai Sreets andRxads) $ 1,627,914 $ 1,627,914 Reimbusemeris/Other (LandDndicn) $ 6,000,000 $ 6,000,000 SAFEfEA4_U $ 1,600,000 $ 1,600,000 Sl1P Augmeriatiort") $31,545,000 $ 31,545,000 $ 4,137,593 $ 4,137,593 1LIVF (R ® 1LIVF onRomp $ 3,855,428 $ 4,943,842 $ 1,674,248 $ 10,473,518 1LIVF (V ()4 $ 35,012 $ 3,17,465 $ 3,417,477 1LIVF (V 3)) $ 712,500 $ 712,500 $ 712,500 $ 2,137,500 3LA(FCARXX $11,979,000 $ 11,979,000 1LIVF (V\ARxx )m $34,510,130 $ 8,969,870 $ 43,480,000 Lkrspecified) $ 977,695 $17,672,630 $49,835,708 $ 68,486,033 Total Fuld ng: $ 17,988,510 $ 8,329,339 $ 1,857,303 $ 817,500 849,911,325 $59,005,000 $49,940,708 $ 187,849,690 FLttxe Operation & Maintenance Costs 2013-14 2015-16 2017-18 $ 15,000) (1) ST1PAugrentAicn is dependent upon the Saes ability to Ixndf cr traispata:icn funds. (2)1UvF(R TQ - Regcnd f undng is pursuant to RLCCAg-eenent rib. 06-72-048-00 f cr atctsl of $7,517,000 (35,515,00-RON $2,000,00aPSSE) - See Fhase I. (3)1UvF(VV-1UvFZcnefundngispursuant toVV Ag-eementrib.00-9N1Evi1079fcratctdcf$11,575,000(1975,752-PA891$S, 1,000-F• $1,674,248-RON - See Ruse I. (4)1UvF(VV-1UvFZcnefundng is pursuant to V 3Ageenent rib. 05-SVu1Evi1064fcrfcr VV totalling $4,078,000 ($1,155,000-FSBE) - See Fhase I. (5)11..NF(VV-1UvFZcne Fundng prcga-rmedin SNZcnellPfcr $2,250,000-R7J i (6)11..NF(VV-1UvFZcne Fundng is eligblefa ccnstruclicn cf VVnchester Interchange pursuant to 2C09 News. (7)1UvF(VV-1UvFZcne Fundng is eligblefa ccnstruclicn cf French Valley Interchange pursuant to 2009 News. (8) Reject cannct be constructed until a funding scarce is identified. NOTE MeasureA-Hgrvvar Rogan- Rcject railed4thwith $45,000,000 requested. Oarrently nofundng is availablefranthis Regan 55 INTERSTATE -15 / HIGHWAY 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2010 Feet 0 265 530 1,060 56 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 INTERSTATE -151 STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project 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. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2030. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the 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 2013-14. Construction is scheduled to start during fiscal year 2014-15, when funding is available. Department: Public Works—Account No. 210.165.662 Level: 1 Project Cost: Prior Years Actual Egnencitnres Fiscal Year Ended 2013 2013-14 Canyomer Adopted 2014-15 Binds Pppropriation Projected 2015-16 2016-17 2017-18 Total Project Projected Projected Projected Cost Actiinistraticn $ 398,584 $ 100,948 $ 70,000 $ 7Q000 $ 58,100 $ 697,632 Acgtisition $ 7,413,992 $60003000 $ 375,715 $ 1,600,000 $12,789,707 Construction $ 104,000 $ 524Q 176 $ 779, 715 $ 9,100,000 $15,403,000 $ 24,607,068 Construction $ 4,452,000 $ 4,452,000 Engineering $ 1,300,000 $ 2200,000 $ 3,500,000 Design $ 3, 220, 267 $ 147, 228 $ 334, 000 $ 715,795 $ 7,1030,213 $ 3,701,515 MS -CP $ 705,000 $10,552,607 $ 705, 000 Totals $11,136,951 $6246176 $ 779,715 $11,175,000 $17,661,1001 $ - $ - $46,000,942 Fiscal Year Source of Ftx1dS: Prnor Years Ended 2013 2013-14 Actual Carryover Priopted Egnetxlknres Bludcet Pppropriation 2014-15 2015-16 2016-17 2017-18 Total Project Projected Projected Projected Projected Cost CFD (amine HID Reimbursement) Cther (Mxgai HII) $ 502,211 $ 1,190,582 1 $ 502,211 $ 1,190,582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $ 4,992,158 $ 524Q 176 $ 779, 715 $ 3,459, 205 $ 14,479,254 TUVIF (RCnaCETAF)n» $ 4,452,000 $ 4,452,000 TUVIF (RCROFegcn)o $ 5,400,000 $ 5,400,000 TUVIF(RCRaRejcn)@) $ 715,795 $ 7,1030,213 $ 7,824,008 Unspecifiecizn $10,552,607 $10, 552,867 Total Fo1cing: $11,136,951 $524Q176 $ 779,7151 $ 11,175,000 $17,661,100 $ - $ - $46,000,942 Future Operation & Maintenance Costs: 2013-14 2014-15 $ 6,000 2016-16 $ 6,120 2016-17 $ 6242 2017-18 $ 6,367 (1) TUVF (RCTC'CETPP) - Funding is pursuant to RCTC Pgreement No. 11-72-041-00 ($6,400,000 to date) (2) TUVF (RCTC'Regon)- Finding is pursuant to RCTCPgeement No. 06-72-506 (54452,000) (3) TUVF (RCTC'Regon)- Supplemental fundingwill prmidethe required additional finds based on received construction bids. (4) Project cannot be constructed until a fencing source is identified. 57 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Location Aerial Data - March 2010 0 60 120 Feet 240 58 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Project Description: This project includes the design and construction of a new bridge and approach roadways which meet current safety standards and compatibility with the City's circulation element and the planned Murrieta Creek Improvement Project. This project also includes removal of the existing bridge, pavement, curb and gutter, sidewalk and storm drain facilities, and environmental studies and mitigation. The new bridge will meet the United States Army Corps of Engineer's (USACE) Creek Improvement Project needs, and the cost will count towards the City's contribution to the USACE Project. Benefit / Core Value: This project improves traffic safety and circulation. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design to replace the existing bridge is complete and environmental clearance has been obtained from the Califomia Department of Transportation (Caltrans). The project is estimated to be completed by April 2014. Department: Public Works—Account No. 210.165.743 Level: I Project Cost: Rscal Year Prior Years bided 2013 2013-14 Actual Carr Rdopted 2014-15 2015-16 2016-17 2017-18 Total Project Appropriation Projected Projected Projected Projected Cost Expencittxes Budget Admiristratian $ 391,260 $ 142,466 $ 533,7 Ccnstructicn $ 41,729 $ 6,100,000 $ 6,100,000 Ccnstructicn $ 1,071,079 $ 430,054 $ 1,501,133 Enjneeing $ 12,391 $ 338,119 $ 350,510 Design $ 696,915 $ 5,722 $ - $ - $ - $ - $ - $ 704,137 MS -ICP $ 10,242 $ 94,757 $ 104, 999 Trials $ 1,112,808 $ 6,680,564 $ - $ - $ - $ - $ - $ 7,793,372 R scat Year Source of Funds Prior Years Ended2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencittxes adget Appropriation Projected Projected Projected Projected Cost Capital Prcje t Reserves $ 41,729 $ 41,729 DIF (5lred hprwerrerfs) $ 1,071,079 $ 430,054 $ 1,501,133 HBP $ 6,250,510 $ 6,250,510 Total R zing: $ 1,112,808 $ 6,680,564 $ - $ - $ - $ - $ - $ 7,793,372 Future Operation & Maintenance Casts: 2013-14 2014-15 2015-16 2016-17 2017-18 $ 10,200 $ 10,4041 $ 10,612 $ 10,824 $ 11.041 39 MEDIANS AND PARKWAYS—CITYWIDE Circulation Project Location 444°F TEJjEc C8* 9„ f/ '/,,. ' I‘ y rN 0 i ?,,, 1989 ov.,<'• 44°11I0{r 0 NEW 60 2014-15 2016-17 $ 1,040 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 MEDIANS AND PARKWAYS—CITYWIDE Circulation Project Project Description: Pursuant to the Conditions of Approval, this project completes the missing portions of the raised landscaped median island on Rancho Califomia Road between Moraga Road to Lyndie Lane, Ynez Road from Tierra Vista Road to Rancho Califomia Road, Ynez Road from Date Street to City boundary, and Butterfield Stage Road from 750 feet south of La Serena Way to Chemin Clinet. Benefit / Core Value: This project improves traffic circulation by eliminating potential conflicts between left turn movements and through traffic on circulation element streets with a classification of major arterial or higher. In addition, this project satisfies the City's Core Values of A Safe and Prepared Community and Transportation Mobility and Connectivity. Project Status: This project will reimburse developers for eligible improvements upon project completion. Department: Public Works—Account No. 210.165.622 Level: 111 Project Cost: Rscal Year Pricr Years bided 2013 2013-14 Actual Carry:x:r Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Exper¢itr.res Budget Appropriation Projected Pnajected Projected Projected Cost anstructiai $ 134,589 $ 258,459 $ 231,000 $750,000 $ 1,374,048 Tctals $ 134,589 $ 258,459 $ 231,000 $ - $ 750,000 $ - $ - $ 1,374,048 Rscal Year Source of FundsPncr Yea -s Ended 2013 2013-14 Actual Carry:x:r Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Exper¢itr.res Budget Appropriation Projected Pnajected Projected Projected Cost DIF (Street Inproverrerts) $ 134,589 $ 258,459 $ 231,000 $ 624,048 Unspecified' $ 750000 $ 750,000 Total Fuzing $ 134,589 $ 258,459 $ 231,000 $ - $ 750,000 $ - $ - $ 1,374,048 Future Operdion & Maintenance Costs: 2013-14 "Prcjed cannot be caistructed until a luting sauce is identified. 61 2015-16 $ 1,020 2017-18 $ 1,061 MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD Circulation Project Location Aerial Data - March 2010 Feet 0 137.5 275 550 62 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD Circulation Project Project Description: This project includes the design and construction of a new bridge crossing over Murrieta Creek between Rancho Califomia Road and Winchester Road. This project also includes studying suitable locations for a new crossing, environmental studies, mitigation, acquisition of right-of-way, new road improvements between Murrieta Creek and Commerce Center Drive, and installation of new traffic signals at Overland Drive intersections with Diaz Road, Enterprise Circle West, and Commerce Center Drive. This project will be constructed in two phases. Phase 1 will construct the street improvements between Commerce Center Drive and Enterprise Circle West, and Phase 2 will connect Enterprise Circle West and Diaz Road, including the construction of the bridge over Murrieta Creek. Benefit / Core Value: This project improves traffic circulation and access to Overland Drive freeway over -crossing. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design for the extension of Overland Drive from Commerce Center Drive is complete. The City is working on the right-of-way acquisition and the environmental document. Construction of Phase 1 is scheduled to start during fiscal year 2013-14, and Phase 2 will be completed in fixture years when funding is available. Department: Public Works -Account No. 210.165.602 Level: 1 Project Cost: Rscal Year Prior Years Eructed 2013 2013-14 Actual Carryover Adopted 2014-15 Expencittres Budget p xgxtatlon Prgected 2015-16 2016-17 2017-18 Total Project Projected Projected Projected Cost Actninistration $ 264,172 $ 132,234 $ 130,400 $ 576,170 $ 1,102,976 Acquisition $ 2,657,612 $ 2,463,162 $ 265,181 $ 5,385,955 Construction $ 1,702,050 $ 60,000 $ 9,084,100 $10,846,150 Construction $ 3,327,765 $ 4,515,871 $ 463,759 $ 8,307,395 Engineering $ 68,082 $ 407,182 $ 475,264 Design $ 560,229 $ 7,020 $ 30,000 $ 60,000 $ 685,249 ErMronmental $ 54,257 $ 80,753 $ 150,000 $ 285,010 MSI -ICP $ 3,568,365 $ 56,665 $ 485,5811 $ - $ 454,205 $ - $ - $ 510,870 Utilities $ 4,095 $ 5,905 $ 10,000 Tctals $ 3,56^0,365 $ 4,515,871 $ 485,581 $ - $10,731,657 $ - $ - $19,301,474 Rscal Year Source of Funds: Pricy Years Bxied2013 2013-14 Actual Carrymer Adopted 2014-15 Experxmres Budget q:prgxtatlon Prgected 2015-16 Projected 2016-17 2017-18 Total Project Projected Prcjectect Cost Capital Project- Reserves $ 213,600 $ 21,822 $ 235,422 DIF (Street 'improvements) $ 3,327,765 $ 4,515,871 $ 463,759 $ 8,307,395 Reimbursement/ Cther (ROAD) $ 27,000 $ 27,000 Unspecified` $10,731,657 $10,731,657 Total Fulcing: $ 3,568,365 $ 4,515,871 $ 485,5811 $ - $10,731,657 $ - $ - $19,301,474 Future Operation & Maintenance Costs: 2013-14 "Project cannot be constnacted until a fundng source is identified. 63 2015-16 2016-17 2017-18 1 $ 1,0201 $ 1,040 PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Street Location Rancho California Road (Jefferson A'.enue to Ynez Road) Wrchester Road (Jefferson A'.enue to Ynez Road) Ynez Road (Jedecfah Srrith to Vallejo A.enue) 2013-14 Adopted Appropriation 2013-14 2013-14 2013-14 Funding Source Capital Projects Reser,es Measure A Capital Projects Reserves Surface Transportation Program (SIP) Capital Projects Reserves Measue A O,erland Dri',e (Oorrrr€rce Center Dive to Jefferson A.enL ) Old Tanen Front Street (TerrecUa Parkway to First Street) Temecula Parkway (1-15 to Pechanga Parkway) Margarita Road (TenecUa Parkway to Rancho California Road) Ynez Road (Jedecfah Srrith to Vallejo A.enue) To Be Determined To Be Deterrrined 64 201415 201415 201415 2015-16 2015-16 2016-17 2017-18 Capital Projects Reseres Measure A Capital Projects Reseres Measure A Capital Projects Reseres Measure A Measure A / lkspeoified MeasureA/ Li -specified Measure A / Urspecified Measure A / Urspecified 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 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 govemment 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: Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adapted 2014-15 Expencitres Budget Appropriation Projected 2015-16 Projected 2016-17 Projected 2017-18 Total Project Projected Cost Actrinistration $ 94a 276 $ 17,450 $ 260,000 $ 260,000 $ 260,000 $ 260,000 $ 2610000 $ 2,265, 726 Calstruction $ 7,300646 $ 4,497,058 $ 3,079,525 $4,3610000 $4,160,000 $4,360,000 $4,3610000 $32,117,799 Caistruction I Engneering $ 86381 $ 1410878 $ 150,000 $ 1510000 $ 150,000 $ 150,000 $ 150000 $ 977,259 Design $ 477,055 $ 155 871 $ 30,000 $ 310000 $ 230,000 $ 30, 000 $ 30,000 $ 982,926 Totals $ $812358 $4,811,257 $ 3,519,525 $48010000 $4,800,000 $4,800,000 $4,800,000 $36,343,140 Fiscal Year Source of Finds: Pnor Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 Expencitres Budget Appropriation Projected 2015-16 2016-17 Projected Projected 2017-18 Total Project Projected Cost Capital Project Resettles $ $2061393 $ 1,003478 $ 1,273,652 $37810394 $ 9,263,917 Measure A (Local I Streetsaid Raact) $5605965 $3,807,779 $2,245,873 $1,019,606 $1,024,745 $1,029,533 $1,03$950 $15,767,451 Unspecifiecr $3,775,255 $3,M),467 $3,76x050 $11,311,772 Total Foxing: $ $ 812358 $4,811,257 $ 3,519,525 $ 4,80Q 000 $4,800,000 $ 4,800,000 $4,8010000 $36,343,140 Future Operation & Maintenance Costs: 2013-14 *Project cannot be constructed until a finning source is identifed 65 2015-16 2017-18 PAVEMENT REHABILITION PROGRAM - WINCHESTER ROAD Circulation Project Location Aerial Data - March 2010 0 200 400 Feet 800 66 2014-15. City of Temecula Capital Improvement Budget Fiscal Year 2014-18 PAVEMENT REHABILITATION PROGRAM—WINCHESTER ROAD Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of Winchester Road, from Jefferson Avenue to Ynez Road, 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 govemment 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. 210.165.650 Level: Fscal Year Pt O- t Cost: Prior Years Ended 2013 2013-14 Actual CarrWv r Adopted 2014-15 2015-16 2016-17 2017-18 Total Prcject Expencitures Budget Appropriation Projected Projected Projected Projected Cost Administration $ 153,975 $ 153,975 Calstructiai $ 646,190 $ 1,1326,500 $ 646,190 $ 1,0M,500 Calstructiai Transportatiai Engineeing $ 50,000 Prngam Fuld (STP) $ 50,000 Design $ 634,285 $ 50,000 $ 634,285 Total Foxing: $ 50,000 Totals $ - $ - $ 1,280,475 $ - $ - $ - $ - $ 1,280,475 Fscal Year Source of Funds Prior Years bided 2013 2013-14 Actual CarrWv r Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Experxitrres Budget Ppprgxiation Projected Prcjected Projected Projected Cost Capital Project Reserves $ 646,190 $ 646,190 Su -face Transportatiai Prngam Fuld (STP) $ 634,285 $ 634,285 Total Foxing: $ - $ - $ 1,280,475 $ - $ - $ - $ - $ 1,280,475 Future Operation & Maintenance Costs 2013-14 67 2015-16 2016-17 2017-18 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PROGRAM — CITYWIDE Circulation Project Location �F T r.1vitc r/ (77/A *.71;), , .` le'' *" c 11 I i ( 4' lk%6 . I rr:,C J, 4 ` `� ' j $'/ • • Q e4 4, , ( s 7 ' 1989 _..40 Ips + NEW 68 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the replacement and upgrade of existing traffic signal equipment, including battery back-up systems, LED traffic signal indications, traffic signal controller cabinets, service cabinets, safety street lighting, illuminated street name signs, traffic signal controllers, signal communication equipment, and closed circuit television (CCTV) camera equipment. Benefit / Core Value: This project enhances traffic safety and supports the long-term maintenance and rehabilitation of City assets and infrastructure. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Replacements are completed on an ongoing basis. Department: Public Works -Account No. 210.165.680 Level: I Project Cost: Fiscal Year Prior Years Ended2013 2013-14 Actual Carr syv r Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Prgect Expencitu-es Budget Appropriation Projected Prgected Prgected Projected Cost Adninistrrion $ 116,894 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,CCOI $ 35,000 Rxtues/FunEquip $ 116,894 $ 33,106 $ 150,000 $200,000 $200,000 $ 75,000 $ 75,000 $ 850,000 Tctals $ 116,894 $ 43,106 $ 155,000 $205,000 $205,000 $ 80,000 $ 80,000 $ 885,000 Source of Funds Prim Years Actual ageratums Rscai Year Ended 2013 2013-14 Carrym r Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Prcject Budget Appropriation Projected Projected Projected Projected Cost DIF (Traffic Sig-eis) $ 116,894 $ 43,106 $ 155,000 $ 205,000 $ 59n,000 Unspecified'° $205,000 $ 80,000 $ 80,000 $ 365,000 Total Rr inq: $ 116,894 $ 43,106 $ 155,000 $205,000 $205,000 $ 80,000 $ 80,000 $ 885,000 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 $ 1,000 $ 1,000 $ 1,000 $ 1,000 J $ 1,000 * R led cannot Ice constructed until a fiancing source is identified. 69 TRAFFIC SIGNAL INSTALLATION—CITYWIDE Circulation Project Signal Location 2013-14 Adopted Appropriation Year Funding Source Meadows Parkway at Pauba Road* $ 242,500 2014-15 DIF(Traffic) Winchester Road at Roripaugh Road Signal IVbd.* $ 75,000 2014-15 DIF(Traffic) Vail Ranch Parkway at Tehachapi Pass $ 295,000 2015-16 Unspecified De Portola Road at Campanula Way (East)* $ 260,000 2015-16 Unspecified Nbadovvs Parkway at Leena Way* $ 242,000 2015-16 Unspecified Rancho Califonia Road at TemecUa Ridge* $ 280,000 2016-17 Unspecified Rancho California Road at Tee Drive $ 295,000 2016-17 Unspecified Rancho California Road at Promenade Chardonnay $ 295,000 2017-18 Unspecified Nbadovvs Parkway at Campanula Way (West)* $ 2W,000 2018-19 Unspecified Butterfield Stage Road at Rancho\Asta Road $ 295,000 2018-19 Unspecified Rancho Msta Road at Avenida de la Reina $ 270,000 2019-20 Unspecified Ynez Road at Rancho VVay $ 280,000 2020-21 Unspecified $ 3,089,500 Fiscal Year 2013~14 $ Fiscal Year 2014-15 $ 317,500 Fiscal Year 2015-16 $ 565,000 Fiscal Year 2016-17 $ 537,000 Fiscal Year 2017-18 $ 575,000 Fiscal Year 2018-19 $ 565,000 Fiscal Year 2019-23 $ 270,000 Fiscal Year 2020-21 $ 280,000 TOTAL: $ 3,089,500 *DIF Traffic Developer Reimbusement 70 2016-17 $ 4,000 2014-15 $ 4,000 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TRAFFIC SIGNAL INSTALLATION—CITYWIDE Circulation Project Project Description: This project includes the design, construction, and installation of traffic signals at various locations throughout the City including, Rancho Califomia Road, Ynez Road, Butterfield Stage Road, Meadows Parkway, Winchester Road, and Redhawk Community. Benefit / Core Value: This project improves traffic safety and circulation throughout the City. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity. Project Status: A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year. Department: Public Works—Account No. 210.165.682 Level: 1 Project Cost: Fscal Year Ria- Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 Expencfhres Budget Appropriation Prgected Projected Prgected 2017-18 Tctal Project Projected Cost Canstructicn $317,500 $555,000 $537,000 $1,680,000 $ 3,089,500 Totals $ - $ - $ - $317,500 $555,000 $537,000 $1,680,000 $ 3,089,500 Fiscal Year Source of Funds PncrYears Bided2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 Expencitrxes Budget Appropriation Rrojected Projected Projected 2017-18 Total Project Projected Cost DIF (Traffic) $317,500 $ 317,500 Unspecified" $555,000 $537,000 $1,680,000 $ 2,772,01/1 Total Foxing: $ - $ - $ - $317,500 $555,000 $537,000 $1,680,000 $ 3,089,500 Future Operation & Maintenance Costs 2013-14 *R-cject cannct Ice ccrx rutted until a furring sarce is idaitifie i. 71 2015-16 $ 4,000 2017-18 $ 8,000 TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION Circulation Project Location LINKS C` \>031L ,p„ . •-4 • sPN-ss H 0 • 01>. DORIS S`-'NOiti ° g,0 CRYSTPX-A-\°‘1VPXc- COs4AG, so‘MERN SIN&pG OR 11400AmDe•Ct - „. • CORTE m01411EL; TCu61' 00R-TE.P-4 7C000:00,?,0„ ONRATsE CALI-eNWkG(3‘4 ,0,0 CR -00 - 10‘k4 o ARROYO C.) ALA,MAR 00 sp,,NRD vOS‘OP ''41;4-10*•1111, w-4.--;-; * - •_A 7 z• 14,‘ 13 4.41 OLA ::$0A0,71. E ESPINOs ico 0 < ° 0 4zv,_ AVCA°L./RiV,ZA. COIL CARRAsCO cck 7 DO- DO 1314k- -,11... im' .-:•• ; r,. k 4 • 4 \ . —!")—: -- .pOLpLREIErN Gs r E 73cv‘ 0 GO 0 O .47 0:1 Fag. 7 7 0 ‘311.' 44)i '3101 C3; 7,35 E Xf) Lij - • (5:‘ 0 >- CORIe0 t` cs1 VM -0- 0 CA14,1 0 0 Z, AIZ 0 O ' 0 71A-41, 4u, 4'41 L 0S .1004, 0 16) 144E.RE- 'F'• DOND&..KS'Zs 044 4<4;1 0 ov ,„ 1989 Aerial Data - March 2010 0 500 1,000 Feet 2,000 72 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION Circulation Project Project Description: This project consists of installing conduit and fiber optic cable to interconnect traffic signals and closed circuit television (CCTV) communication on various roadways to complete missing links and develop a redundant network. Benefit / Core Value: This project improves circulation by connecting several existing and future signals to the existing traffic operations center to allow for remote monitoring and trouble shooting. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity. Project Status: The first phase of installation of traffic signal interconnect equipment has been completed. Additional funding is required to complete this project. Department: Public Works—Account No. 210.165.712 Level: 1I Project Cost: Fscal Year Prior Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Project Expen itu-es Budget Ppprcpriaticn Prgected Prgected Projected Projected Cost Adrrinistrrion $ 43,696 $ 10,000 $ 53,695 Canstructicn $ 228,714 $ 375,000 $ 833,714 Desigt $ 272,409 $ - $ - $ - $ 15,00D $ - $ - $ 15,000 Totals $ 272409 $ - $ - $ - $400,000 $ - $ - $ 672,409 Fscai Year Source of Funds mor Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Project Expencituxes Budget Ppprcpriaticn Projected Projected Projected Projected Cost DIF (Traffic Skids) $ 272,409 $ 2/2,409 Unspecified" $400,003 $ 400,000 Total Rr inq: $ 272,409 $ - $ - $ - $400,003 $ - $ - $ 672,409 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 $ 500 $ 1,0001 $ 1,020 * R ojed cannot Ice constructed until a funding source is identified. 73 WESTERN BYPASS BRIDGE OVER MURRIETA CREEK Circulation Project Location Aerial Data - March 2010 Feet 0 125 250 500 74 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 WESTERN BYPASS BRIDGE OVER MURRIETA CREEK Circulation Project Project Description: This project includes construction of a new bridge over Murrieta Creek at the future Western Bypass corridor and Temecula Parkway. It also includes finalizing and updating the existing bridge design, constructing the new bridge and approach roadways, curb and gutters, sidewalks, storm drain facilities, and environmental studies and mitigation. The completed project will tie the southem leg of the future Westem Bypass corridor and will meet the Army Corps of Engineers (ACOE) Murrieta Creek Improvement Project needs. Benefit / Core Value: This project improves traffic safety and circulation. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design is scheduled for completion in the summer of 2013. Construction is contingent upon the developer's participation and the appropriation of the required additional funds. Department: Public Works -Account No. 210.165.660 Level: 1I Project Cost: Rscal Year Prior Years Ended 2013 2013-14 Actual Carryover ;Adopted Expetxittaes Budget Appropriation 2014-15 2015-16 2016-17 2017-18 Total Project Projected Projected Projected Projected Cost Actrinistration $ 215,875 $ 84 $ 7,200 $ 259,200 $ 482,359 Acquisition $ 43,750 $ 17,180 $ 7,200 $ 45,000 $ 105,930 Construction $ 707,578 $ 35,773 $8,570,582 $ 8,570,582 Construction $ 13,500 $ 296,500 $ 310,000 Engineering $ 257,117 $ 257,117 Design $ 686,963 $ 68,279 $ 5,000 $ 760,242 En' ironmental $ 946,588 $ 85,543 $ 7,200 $ - $ 190,000 $ - $ - $ 190,000 Totals $ 946,588 $ 85,543 $ 7,200 $ - $9,326,899 $ - $ - $ 10,366,230 Rscal Year Source of Funds: Prior Years Ened d 2013 2013-14 Actual Carryover Adopted Expencitcres Budget Appropriation 2014-15 2015-16 Total Project 2016-17 2017-18 Cost Capital Project Reserves $ 225,510 $ 49,770 $ 7,200 $ 282,480 TUMF(nRCOqa) $ 707,578 $ 35,773 $ 735,649 $ 1,479,000 TUMF (VIRCOGy2) $ 13,500 $ 296,500 $ 310,000 TUMF (VIRcoG)) $6,389,000 $ 6,389,000 Unspecified4) $1,905,750 $ 1,905,750 Total Ftxrcing: $ 946,588 $ 85,543 $ 7,200 $ - $9,326,899 $ - $ - $ 10,366,230 Future Operation & Maintenance Costs: 2013-14 2015-16 $ 10,000 2016-17 $ 10,200 (1)1UUF Zone funding is pursuant to VIf2COGP reement 05-SW1EM1063 for $1479,000 ($431 (2) RAF Zone funding is pursuant to VIRCOGAgreement 05-91IE1EMfor $310,000 ROJV (3) RAF Zone funding is eligible for construction per 2009 Nexus. (4) Project cannot be constructed until a funding source is identified 75 2017-18 $ 10,404 ,140) PA8ED; $1,047,860 PS&E) 76 City of Temecula Capital Improvement Program Fiscal Year 2014-18 INFRASTRUCTURE / OTHER PROJECTS Table of Contents Bike Lane and Trail Program 79 City Facilities Rehabilitation 81 Citywide Sidewalks 83 Citywide Storm Drain Improvements 85 Developer Reimbursements 87 Facility Improvements / Enhancements / Expansions 89 Fiber Optic Connection Mary Phillips Senior Center and Temecula Valley History Museum 91 Fire Station 73 Living Quarters Upgrade 93 Fire Station Roripaugh Ranch Site — Phase II 95 Library Parking - Phase 11 97 Medians and Ornamental Pedestrian Barriers -Citywide 99 Murrieta Creek Improvements 101 Old Town Public Art 103 Old Town Sidewalk Rehabilitation 105 Open Space Acquisition Program 107 Pechanga Parkway Environmental Mitigation 109 Santa Gertrudis Creek Pedestrian / Bicycle Trail Extension and Interconnect 111 Teen / Young Adult Village 113 Temecula City Entry Monumentation 115 Temecula Community Center Renovation 117 Temecula Park and Ride 119 Temecula Valley Entrepreneur's Exchange 121 Theater Remediation 123 YMCA Repair and Remediation 125 77 BIKE LANE AND TRAIL PROGRAM Infrastructure / Other Project Location • City of Temecula Old Town to Wine Country Trail Lake Skinner Trail Temecula Loop Existing Trails (Off Road) Proposed Trails (Off Road) Bike Lane (Class II) - Striped on both sides Bike Lane (Class II) - Striped on one side; black side not striped Tr Bike Lane (Class II) Proposed Aerial Data - March 2010 0 0.5 1 Miles 2 78 L 2016-17 2017-18 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 BIKE LANE AND TRAIL PROGRAM infrastructure Other Project Project Description: This project includes an update of the existing Multi -Use and Bikeways Master Plan Update which will be completed in two phases. Phase 1 of the Master Plan Update will include community workshops to gather the public's trail and bikeways opinions, preferences, and development priorities. Phase I also includes the creation of a dedicated interactive website focused on Temecula's trails and bikeways. In Phase 11, the consultant will use the information provided by the workshop participants and produce a recommended ranking of trails and bikeways to be constructed. The consultant will create trail or bikeway segment information sheets that will detail any constraints, the solutions, surface types and widths, and estimated construction costs. The consultant will also provide recommendations for trail and bike amenities, signage, and other items that will provide a safe and pleasant trail or bike ride experience. Approximately seven miles of bike lanes will be striped. Additional funding will be required for the ultimate construction of the multi -use trails and bikeways. Benefit / Core Value: This project provides alternative modes of transportation and increasing connectivity and accessibility to Old Town, Wine Country, and the City's many schools, parks, trails, and open space areas. In addition, this project satisfies the City's Core Values of A Sustainable City and Transportation Mobility & Connectivity. Project Status: Phase I of the multi -use trails and bikeways master plan update is in progress and is estimated to be completed by fiscal year 2013-14. Department: Planning / Public Works / Temecula Community Services -210.165.703 Level: 1 Project Cost: Prior Years Actual Expenditures Rscal Year- Ended earEided 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 Budget Arcrcpriaticn Projected Projected Projected 2017-18 Projected Tctal Prcject Cost Administration $ 20,000 $ 65,880 $ 85,880 Construction $ 123,000 $250,000 $250,000 $150,000 $2,750,000 $ 3,523,000 Construction $250,000 $266,380 $2,750,000 $ 3,266,380 Engineering $ - $ - $ 250,000 $250,000 $250,000 $ 10,500 $2,750,000 $ 10,500 Design $ 107,000 $ 40,000 $ 147,000 Totals $ - $ - $ 250,000 $250,000 $250,000 $266,380 $2,750,000 $ 3,766,380 Rscal Year Source aF Funds: PnorYears Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject Expenditures Budget Appropriaticn Projected Projected Projected Projected Cost DIF (Cen Space and Trails) $ 250,000 $250,000 $ 500,000 Unspecifiecf $250,000 $266,380 $2,750,000 $ 3,266,380 Total Funding: $ - $ - $ 250,000 $250,000 $250,000 $266,380 $2,750,000 $ 3,766,380 Future Operation & Maintenance Ccsts 2013-14 "Project cannot be constructed until a lancing source is identified. 79 2015-16 CITY FACILITIES REHABILITATION Infrastructure / Other Project Location �F T r.1vitC 1/ (77/A . c 1/ �, ; R 11 / ,C J, o ie -, 1989...'" ,,,,, ov -‘)Ars . NEW ov- 80 2016-17 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 CITY FACILITIES REHABILITATION infrastructure Other Project Project Description: This project facilitates rehabilitation projects at City owned and operated facilities such as the City Hall, Civic Center, Community Recreation Center, Field Operations Center, Escallier House & Barn, Harveston Center, Mary Phillips Senior Center, Mercantile Building, Old Town Parking Garage, Old Town Sixth Street Parking Lot, S.A.F.E., Temecula Children's Museum, Temecula Community Center, Temecula Public Library, Temecula Valley Museum, Temecula Wedding Chapel, pool and locker room at Temecula Elementary School, and Maintenance Facility. The rehabilitation could include, but is not limited to, parking lot rehabilitation and light replacements, heating ventilation and air conditioner (HVAC) upgrades, roof repairs, carpet replacement, cabinet re-facing/replacement, re -stucco, concrete repairs, and replacement of fences. Benefit / Core Value: This project minimizes emergency repair costs, prolongs the service life of facilities, and upgrades aging facility components. In addition, this project satisfies the City's Core Values of Healthy and Livable City and A Safe and Prepared Community. Project Status: A priority list of rehabilitation projects has been developed. Rehabilitation of projects are completed on an ongoing basis. Department: Public Works -Account No. 210.165.701 Level: I Project Cost: Fiscal Year Prior Years Ended2013 2013-14 Actual Can -saver Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expenclttres Budget Appnopxiaticn Projected Projected Projected Projected Cost Admiristrdic r $ 9,086 $ 65,914 $ 75,000 $ 75,000 1 $ 75,000 $ 75,000 $ 375,000 Construction $ 97,126 $ 277,874 $ 375,000 $375,000 $375,000 $375,000 $ 1,875,000 Design $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 250,000 Totals $ 106,212 $ 393,788 $ 500,000 $500,000 $500,000 $500,000 $ - $ 2,500,000 Fiscal Year Source of FundsPrior Years Ended 2013 2013-14 Actual Can -saver Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expendtixes Budget Appnopxiaticn Projected Projected Projected Projected Cost C apitd Project Reserves $ 106,212 $ 393,788 $ 500,000 $500,000 $ 1,500,000 Unspecified" $ 500,000 $ 500,000 $ 1,000,000 Total Rnci ng: $ 106,212 $ 393,788 $ 500,000 $500,000 $500,000 $500,000 $ - $ 2,500,000 Future Operation & Maintenance Costs 2013-14 *Prrject cannot be constructed until a in:ling sa rce is identified. 81 2015-16 2017-18 CITYWIDE SIDEWALKS Infrastructure / Other Project Location c\ vrcAr Ilijil.:11'e f: '` 1 100 O. p 6, Aks g4t, 1989 ,Ntot-vo N-,-lio rs.NENNT ov 82 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 CITYWIDE SIDEWALKS infrastructure Other Project Project Description: This project will include the construction of sidewalks at various locations around the City. Benefit / Core Value: This project will provide walking surfaces for pedestrians. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity and a Sustainable City. Project Status: A list of areas with no sidewalks will be compiled and prioritized. This project will be started in fiscal year 2013-14. Department: Public Works -210.165.708 Level: 1 Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carrynnrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expenditixes Budget Appropriation Prgected Projected Projected Projected Cost Ac ninistrrion $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 Construction $ 90,000 $ 90000 $ 90,000 $ 90,000 $ 90,000 $ 450,000 Ccnstructicn $ - $ - $ 125,000 $125,000 $125,000 $125,000 $125,000 $ 625,000 Engineering $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 25,000 Design $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 Totals $ - $ - $ 125,000 $125,000 $125,000 $125,000 $125,000 $ 625,000 Fiscal Year Source of Funds: Ptior Years Ended2013 2013-14 Actual Carrsaver Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencitu es Budget Appropriation Projected Projected Projected Projected Cost Capital Project Rees $ 125,000 $125,000 $125,000 $ 125,000 $125,000 $ 625,000 Tatal arcing: $ - $ - $ 125,000 $125,000 $125,000 $125,000 $125,000 $ 625,000 Future Operation & Maintenance Costs 2013-14 83 2014-15 2015-16 2017-18 CITYWIDE STORM DRAIN IMPROVEMENTS Infrastructure / Other Project Location c\ NrcJi 10. 00 p g4t, 1989 t-vo io::s , NENNT ov 84 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 CITYWIDE STORM DRAIN IMPROVEMENTS Infrastructure Other Project Project Description: This project includes the design and construction of storm drain improvements on several streets that flood during storm events, as well as replacing the existing cross gutter at Old Town Front Street, north of Temecula Parkway. Benefit / Core Value: This project improves safety and circulation while maintaining the integrity of the streets during inclement weather. In addition, this project satisfies the City's Core Values of A Safe and Prepared Community and Transportation Mobility and Connectivity. Project Status: A priority list of improvement projects has been developed. Improvements are completed on an ongoing basis. Department: Public Works—Account No. 210.165.715 Level: I Project Cost: Fiscal Year Prior Years Ended 2013 Actual Carrycnrer Expencittres 2013-14 Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Budget Appropriation Projected Projected Prcjected Projected Cost Administraicn $ 135,013 $ 62,431 $ 197,444 instruction instruction $ 456,269 $ 156,927 $ 613,196 Erxjneeing $ 9,030 $ 22,970 $ - $ - $ - $ - $ - $ 32,000 Design $ 10,075 $ 28,917 $ 38,992 MSI -ICP $ 4,368 $ 19,132 $ 23,5C0 Totals $ 614,755 $ 290,377 $ - $ - $ - $ - $ - $ 905,132 Rscal Year Source of Funds: Poor Years Ended 2013 2013-14 Actual Carrycnrer Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencittres Budget Appropriation Projected Projected Prcjected Projected Cost Capital Project Resemes $ 614,755 $ 290,377 $ 905,132 Total Firing: $ 614,755 $ 290,377 $ - $ - $ - $ - $ - $ 905,132 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 2016-17 2017-18 $ 550 $ 561 $ 572 $ 584 $ 595 �5 DEVELOPER REIMBURSEMENTS Infrastructure / Other Project Location c\ ii 1\\c'\( 1// �C 1, i. `t , ', r/ 01 p ti 1989 iO ►J ♦ NE *�T OOgO 86 2016-17 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 DEVELOPER REIMBURSEMENTS Infrastructure / Other Project Project Description: The City has entered into agreements for two projects that involve the reimbursement of development fees. The first project, Roripaugh Ranch "Panhandle", will consist of approximately 500 residential units with construction anticipated to begin in early fiscal year 2013-14. The City will reimburse development fees pursuant to the Sixth Operating Memorandum of the Recorded Development Agreement with Ashby USA, LLC. The second project, proposed 50,000 square foot Mercedes Benz Dealership, began construction in April 2013, and has an anticipated opening date of Spring 2014. The City will reimburse fees pursuant to the Fee Reimbursement Agreement with Jones/ Blumenthal Temecula Real Property LLC. Benefit / Core Value: The first project, Roripaugh Ranch "Panhandle", satisfies the City's Core Value of a Healthy and Livable City. The second project, Mercedes Benz Dealership, will develop new and expanded commercial and business facilities, while expanding the City's tax base through increased property values and consumer spending. This project satisfies the City's Core Value of Economic Prosperity. Project Status: This reimbursement is estimated to be paid by fiscal year 2015-16. Department: Planning— 210.165.763 Level: II Project Cost: Fiscal Year Prior Years Ended2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expendures Budget Appropriation Prcjected Projected Projected Projected Cost Admiristri#icn $ 556,758 $680,319 $337,123 $ 1,574,200 Totals $ - $ - $ 556,758 $680,319 $337,123 $ - $ - $ 1,574,200 Fiscal Year Source of Funds Prior Yews bided 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expen idxes Budget Appropriation Prcjected Projected Projected Projected Cost DF (Corporate Facifties) $ 6,031 $ 6,031 DIF (Fre) $ 1,035 $ 1,005 DIF (Parts & Ftcreation) $ 549,722 $680,319 $337,123 $ 1,567,164 Total Rn irq: $ - $ - $ 556,758 $680,319 $337,123 $ - $ - $ 1,574,200 Future Operation & Maintenance Costs: 2013-14 87 2015-16 2017-18 FACILITY IMPROVEMENTS i ENHANCEMENTS i EXPANSIONS Infrastructure / Other Project Location r rr • 1\\'\ o 9 8 9 0/ s•NEw 88 2016-17 2016-17 Projected Fiscal Year Bided 2013 C jet 2013-14 Adopted 2014-15 P cropriation Projected 2015-16 Projected $400,000 $400,000 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FACILITY IMPROVEMENTS / ENHANCEMENTS / EXPANSIONS Infrastructure / Other Project Project Description: This project will explore opportunities to expand the City's ability to provide high quality services and recreational options to the community through actively monitoring solicitations for real estate and/or developed properties in close proximity to existing City facilities. This will facilitate economical expansion of these existing destinations. Benefit / Core Value: This project allows for additional or expansion of City amenities to serve the City's growing population. In addition, this project satisfies the City's Core Value of Healthy and Livable City and Accountable and Responsive City Government. Project Status: This project will be on an ongoing basis. Department: Temecula Community Services / Public Works Level: III Project Cost: Fscal Year Prior Years Bided 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencibxes adget Pcpropriation Projected Projected Projected Projected Cost Accpisiticn $400,000 $ 400,000 Totals $ - $ - $ - $ - $400,000 $ - $ - $ 400,000 Source of Funds: Prior Veers Actual Expaxibxes Ur NJecified* Total Fuming Future Operation & Maintenance Costs 2013-14 *Project cannot be ccr tructed uitil a luting sauce is identified. 89 2015-16 2017-18 Projected 2017-18 Total Prefect Cost $ 400,000 $ 400,000 FIBER OPTIC CONNECTION MARY PHILLIPS SENIOR CENTER AND TEMECULA VALLEY HISTORY MUSEUM infrastructure / Other Project Location Aerial Data -June 2011 Feet 0 50 100 200 90 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FIBER OPTIC CONNECTION MARY PHILLIPS SENIOR CENTER AND TEMECULA VALLEY HISTORY MUSEUM Infrastructure / Other Project Project Description: This project will provide fiber optic connection from the Mary Phillips Senior Center and Temecula Valley History Museum to the Civic Center Data Center. Benefit / Core Value: The project will provide fiber optic connection to these two facilities. It will ensure the highest quality of service, reliability, speed, capacity and security. The proposed fiber optic connections for these two sites satisfy the City's Core Value of A Sustainable City. Project Status: This project is estimated to be complete by June 2014. Department: Information Technology—Account No. 210.165.709 Level: II Project Cost: Fscal Year Ria- Years Ended 2013 2013-14 Actual Carrsaver Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Experditixes Budget Ppprq: nation Projected Projected Projected Projected Cost Fixtures/Fun/EcJip $ 50,000 $ 50,000 Tatars $ - $ - $ 50,000 $ - $ - $ - $ - $ 50,000 Fscal Year � Source of Funds: 'or Years Ended 2013 2013-14 Actual Carrsaver Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencitu-es Budget Appropriation Projected Projected Projected Projected Cost DIF (Capone Facilities) $ 50,000 $ 50,000 Tatar Furring $ - $ - $ 50,000 $ - $ - $ - $ - $ 50,000 Future Operation & Maintenance Costs i 2013-14 91 2015-16 2017-18 FIRE STATION 73 LIVING QUARTERS UPGRADE Infrastructure / Other Project Location Aerial Data - March 2010 0 100 200 Feet 400 92 2014-15 2016-17 $ 1,000 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FIRE STATION 73 LIVING QUARTERS UPGRADE Infrastructure I Other Project Project Description: This project increases living, sleeping, and bathroom space to properly accommodate the number of staff working and living at the facility. This project will be phased as to not interrupt functionality of the current station. Benefit / Core Value: This project provides a health and safety benefit for the large number of personnel assigned to Fire Station 73. In addition, this project satisfies the City's Core Value of A Safe and Prepared Community. Project Status: The design for this project will start in fiscal year 2013-14. This project is estimated to be completed by the end of fiscal year 2015-16. Department: Fire—Account No. 210.165.757 Level: 1 Project Cost: Prior Years Actual Rscal Year Ended 2013 2013-14 CarrSo er Adopted 2014-15 Budget Appropriation Projected 2015-16 Projected 2016-17 2017-18 Total Project Projected Projected Cost Administration $ 30,000 $ 190,000 $ 220,000 Construction $1,200,000 $ 1,200,000 Construction $ - $ - $ 150.000 $ - $1,480,000 $ -,$ - $ 1,630,000 Engneering $ 50,000 $ 50,000 Design $ 120,000 $ 30,000 $ 150,000 Fixtures/Funh/Equip $ 10,000 $ 10,000 Totals $ - $ - $ 150,000 $ - $1,480,000 $ - $ - $ 1,630,000 Rscal Year Source of Funds: Prior Years Ended 2013 2013-14 Actual Camio er Adopted 2014-15 Expen id.res Budget A ptiaficn Projected 2015-16 2016-17 2017-18 Total Project Projected Projected Projected Cost DIF (Fire) $ 150,000 $ 150,000 Unspecifiecr $1,480,000 $ 1,480,000 Total Funding: $ - $ - $ 150.000 $ - $1,480,000 $ -,$ - $ 1,630,000 Future Operation & Maintenance Costs: 2013-14 "Project cannot be constructed until a fencing source is identified. 93 2015-16 2017-18 $ 1,020 1 FIRE STATION RORIPAUGH RANCH SITE - PHASE II Infrastructure / Other Projects Location WO- CALLE CHAPOS ,- in 3 ili 4 ie' - cc -7 lilYt.,,: i 1— '...=,.. p iI:4 -c1": 1 * ,-,(1) ANDREA CIR • ..— t , k - -J Z -.I • 1.4. _. . ' :• ... t. r---- - r.+1 ,:.--... I th. . tr Ld 0 1. .L. . M 0 M .-/ • ,;,/ •i_ _ 4, . i, Cr 1 SOUTH LOOP RD 1 or T Aerial Data - March 2010 0 100 200 Feet 400 94 2016-17 Projected 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FIRE STATION RORIPAUGH RANCH SITE—PHASE II Infrastructure I Other Project Project Description: This acquisition, design, and construction of the fire station at the intersection of Butterfield Stage Road and Calle Chapos is complete. Phase II will include installation and purchase of furniture, equipment and fixtures in order for the station to fully operate. Benefit / Core Value: The second phase of this project will provide the necessary fumiture, equipment and fixtures needed in order for the Fire Station to fully operate. In addition, this project satisfies the City's Core Value of A Safe and Prepared Community. Project Status: The construction for this project is complete. Phase II will be the installation and purchase of fumiture and fixtures. This project is estimated to be fully complete by fiscal year 2013-14. Department: Riverside County Fire / City Fire Services —Account No. 210.165.753 Level: 11 Project Cost: Fscai Year Pricr Years Ended 2013 2013-14 Actual CarrWv'er Adapted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expertridxes Budget Appropriation Projected Projected Projected Projected Cost Fixtures/Furn/Equip $ 50,000 $200,000 $ 250,000 Totals $ - $ - $ 50,000 $ - $200,000 $ - $ - $ 250,000 Source of Funds: Prior Years Actual Expencitr.res Fscai Year Ended 2013 2013-14 Carryan'er Adopted 2014-15 Budget Appropriation Projected DIF (Fire) Total Funding: $ 50,000 $ 50,000 2015-16 Projected $200,000 $200,000 Future Operation & Maintenance Costs: 2013-14 95 2015-16 2017-18 Total Project Projected Cost mi $ 250,000 2017-18 $ 250,000 LIBRARY PARKING - PHASE II Infrastructure / Other Projects Location Aerial Data - March 2010 0 100 200 Feet 400 96 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 LIBRARY PARKING—PHASE II infrastructure / Other Project Project Description: This project includes the study, design, and construction of altematives to provide additional parking for the Temecula Library. In addition, an alternative to expand the current on-site parking will be studied for future construction consideration. Benefit / Core Value: This project provides additional parking for library patrons, meetings, and special programs. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: Phase II will start in fiscal year 2013-14, and construction of the altemative expansion is scheduled to start in fiscal year 2014-15. Department: Public Works / Temecula Community Services —Account No. 210.190.153 Level: II Project Cost: Fscal Year- Prior earPrla- Years Bided 2013 2013-14 Actual CarYynnrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Eptdihxes Budget Apprnpriaticn Projected Projected Projected Projected Cost Administration $ 80,000 $ 25,000 $ 115,000 $ 220,000 Construction $ 250,000 $ 910,000 $ 1,160,000 Construction $ 413,056 $ 116,000 $1,070,000 $ 1,599,056 Engneering $ 40,000 $ - $ 116,000 $ 45,000 $ - $ - $ - $ 85,000 Design $ 67,284 $ 91,000 $ 158,284 Totals $ 437,284 $ - $ 116,000 $1,070,000 $ - $ - $ - $ 1,623,284 Fiscal Year Source of FundPrrcrYears Ended 2013 2013-14 Actual CarrW'er- Adopted 2014-15 Expencitures Budget Apprnpriaticn Projected 2015-16 2016-17 2017-18 Tctal Pngect Projected Projected Projected Cost Capital Project Reserves $ 24,228 $ 24,228 DIF(Library) $ 413,056 $ 116,000 $1,070,000 $ 1,599,056 Total Firming: $ 437,284 $ - $ 116,000 $1,070,000 $ - $ - $ - $ 1,623,284 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 1 $ 5,000 $ 5,1001 $ 5,202 $ 5,306 $ 5,4121 97 MEDIANS AND ORNAMENTAL PEDESTRIAN BARRIERS - CITYWIDE Infrastructure / Other Project Location Aerial Data - March 2010 0 2,500 5,000 Feet 10,000 98 2016-17 $ 2,040 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 MEDIANS AND ORNAMENTAL PEDESTRIAN BARRIERS—CITYWIDE infrastructure Other Project Project Description: This project includes the preliminary study, design and construction of a raised concrete median (with stamped concrete), and omamental pedestrian barriers to provide neighborhood traffic calming and a safe crossing at locations with heavy pedestrian traffic including Deer Hollow Way and Serafina Road, and other locations within the City. Benefit / Core Value: This project provides a safe crossing for pedestrians at various locations within the City. In addition, this project satisfies the City's Core Values of A Safe and Prepared Community, A Sustainable City, and Transportation Mobility and Connectivity. Project Status: This project is cun-ently in the traffic study phase and will be constructed in future years when funding is available. Department: Public Works—Account No. 210.165.704 Level: II Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carrycnrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencittxes Budget Apprq: nation Projected Projected Projected Projected Cost Admiristraticn $ 10,000 $ 21,400 $ 31,400 $ 62,800 Ccnstnxticn $ 29,900 $ 10,100 $342,100 $475,800 $ 817,900 Construction $396,500 $547,200 $ 940,700 Engineering $ 29,900 $ 10,100 $ - $ - $ 10,000 $ 15,000 $ - $ 25,000 Design $ 29.900 $ 100 $ 20,000 $ 25,000 $ 75,000 Totals $ 29900 $ 10,100 $ - $ - $393,500 $547,220 $ - $ 980,700 Fiscal Year Source of Funds: Pncr Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project &pen itures Budget Appropriation Projected Projected Projected Projected Cost DIF (Street Irrprwerrr;ris) $ 29,900 $ 10,100 $ 40,000 Unspecified" $396,500 $547,200 $ 940,700 Total Ftxxing $ 29,900 $ 10,100 $ - $ - $396,500 $547,200 $ - $ 930,700 Future Operation & Maintenance Costs 2013-14 "Prrject cannot be constructed until a finding sauce is identified. 99 2015-16 $ 2.000 2017-18 $ 2,081 L_ MURRIETA CREEK IMPROVEMENTS Infrastructure / Other Projects Location 02 -G RANCHO CALIFORNIA RD FELIXG �<a G) m R`r, PARK DR Q� 2 WN�S J\p. Q. 0 ,c O Z Aerial Data - March 2010 0 612.5 1,225 Feet 2,450 100 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 MURRIETA CREEK IMPROVEMENTS infrastructure Other Project Project Description: This project includes the design of the proposed United States Army Corps of Engineers and Riverside County Flood Control improvements to the Murrieta Creek within the City limits. Benefit / Core Value: This project helps prevent flooding of Old Town Temecula. In addition, this project satisfies the City's Core Values of A Safe and Prepared Community and A Sustainable City. Project Status: The City is working with Riverside County to form a Joint Powers Authority to further the implementation of this project. More focused design efforts, under local control, will commence in fiscal year 2014-15. Department: Public Work's—Account No. 210.165.735 Level: Project Cost: Fiscal Year Pticr Years Ended 2013 2013-14 Actual Carrycnrer Adgyted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencittxes Budget Appropriation Projected Projected Projected Projected Cost Admiristlaticn $ 7,412 $150,000 $ 157,412 Design $ 125,000 $ 125,000 Totals $ 132,412 $ - $ - $ - $ - $ - $150,000 $ 282.412 Fiscal Year Source of Funds: Pricy Years Ended 2013 2013-14 Actual Carrycnrer Ariopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Eencittres Budget Appropriation Projected Projected Projected Projected Cost Capit2l Ptrject Reserves $ 132,412 $ 132,412 Unspecified" $ - $150,000 $ 150,000 Total Rn ing $ 132,412 $ - $ - $ - $ - $ - $150,000 $ 282,412 Future Operation & Maintenance Costs: 2013-14 *Project canry t be ccnstructed until a finding sauce is identified. 101 2015-16 2017-18 OLD TOWN PUBLIC ART Infrastructure / Other Project Location Aerial Data - March 2010 0 62.5 125 Feet 250 102 2016-17 Projected Fscal Year Ended 2013 Can saver Budget $ 100,000 $ 100,000 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 OLD TOWN PUBLIC ART infrastructure Other Project Project Description: This project consists of a public art piece that will be placed in Old Town, and will feature elements of water and lighting to attract the interest of pedestrians. Benefit / Core Value: This project brings an additional focal point to Old Town. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is currently in the concept phase and is estimated to be completed by June 2014. Department: Temecula Community Services / Planning—Account No. 210.190.121 Level: 111 Project Cost: Fscal Year Prior Years Ended 2013 2013-14 Actual Carrycnrer Adapted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencltures Budget Appnorxiaticn Projected Prcjected Projected Projected Cost Ccnstructicn $ 3,258 $ 100,000 $ 103,2517 Tctais $ 3,258 $ 100,000 $ - $ - $ - $ - $ - $ 103,258 Source c# Funds: R10r Years Actual Eenritrxes DIF (Ri lic Ad) $ 3,258 Total Furxing $ 3,258 Future Operation & Maintenance Costs 2013-14 Adopted 2014-15 2015-16 Appnop iaticrr Projected Projected $ $ $ 2013-14 '103 2015-16 2017-18 Tctal Project Projected Cost 2017-18 $ 103,258 $ 103,2581 ■ 104 2016-17 2016-17 Projected $150,000 $159,000 $ 5,100 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 OLD TOWN SIDEWALK REHABILITATION infrastructure I Other Project Project Description: This project will establish programs that will provide financial assistance to property owners to construct sidewalks, remove boardwalk plank boards, reorient street lights, and plant street trees, as specified in the Old Town Specific Plan. Benefit / Core Value: This projects promotes a sustainable City by encouraging mixed-use infill development along major transportation corridors and by promoting a "walkable" community. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Transportation Mobility and Connectivity. Project Status: This project is implemented in concurrence with private development as it occurs when funding becomes available. Department: Public Works Level: 1I Project Cost: Fiscal Year Prior Years Bided 2013 2013-14 Actual CarrWv r Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project BcpencitLres Budget Appropriation Projected Projected Projected Projected Cost Construction $150,000 $150,000 $980,000 $ 1,26'0,000 Taal s $ - $ - $ - $ - $150,000 $150,000 $ 980,000 $ 1,26'0,000 Source c# Funds: mor Years Actual Expencilires Unspecified'° Tatal Furxing Fiscal Year Bided 2013 Carrsciver Budget Future Operation & Maintenance Costs 2013-14 Adapted 2014-15 2015-16 Apprcpriaticn Projected Rrojected $150,000 $150,000 2013-14 *Project cannel be constnacted uitil a finding source is idertified. 105 2015-16 $ 5,000 2017-18 Tata- Project Projected Cost $980,000 $980,000 2017-18 $ 5,202 $ 1,280,000 $ 1,280,000 OPEN SPACE ACQUISITION PROGRAM Infrastructure / Other Project Location �F T r.1vitC 1:49 Tc -Ar 1/ (77/A . c 1/ �, ; R 11 / ,C J, o ie -, 1989...'" ,,,,, ov -‘)Ars . NEW ov- 106 2016-17 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 OPEN SPACE ACQUISITION PROGRAM infrastructure Other Project Project Description: This project provides matching funds for the acquisition of selected parcels west of the City within the identified escarpment area. Benefit / Core Value: This project maintains the natural esthetic of the escarpment. In addition, this project satisfies the City's Core Values of A Sustainable City, and Accountable and Responsive City Government. Project Status: For protection of open space, the City is to consider acquiring parcels on the market as they become available. Department: Planning—Account No. 210.165.509 Level: I1 Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carrycnrer Adapted 2014-15 2015-16 2016-17 2017-18 Total Project &pen itures Budget Appropriation Projected Projected Projected Projected Cost AcgLisiticn $ 265,000 $ 150,000 $ 415,000 Tatars $ 265,000 $ 150,000 $ - $ - $ - $ - $ - $ 415,000 Fiscal Year Source of Funds: Pri0C Years Ended 2013 2013-14 Actual Carrycnrer Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencitures Budget Appropriation Projected Projected Projected Projected Cost CIF (Open Space and Trails) $ 265,000 $ 150,000 $ 415,000 Tatar Furxing $ 265,000 $ 15E1,000 $ - $ - $ - $ - $ - $ 415,000 Future Operation & Maintenance Costs 2013-14 107 2015-16 2017-18 PECHANGA PARKWAY ENVIRONMENTAL MITIGATION Infrastructure / Other Project Location Aerial Data - March 2010 0 300 600 Feet 1200, 108 Fiscal Year Ended 2013 Carrsaver Budget $ 470,658 $ 470,658 2016-17 2016-17 Projected $ 26,000 $ 26,000 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 PECHANGA PARKWAY ENVIRONMENTAL MITIGATION Infrastructure I Other Project Project Description: This project includes the design, construction, and implementation of an environmental mitigation site required for the Pechanga Parkway Project, including acquisition and planting of the mitigation site in Temecula Creek. In addition, this project provides water to plant material and monitoring the mitigation site for five years. Benefit / Core Value: This project increases environmental mitigation areas. In addition, this project satisfies the City's Core Value of A Sustainable City. Project Status: The design and construction of new wetlands will be complete by end of fiscal year 2013. Upon the approval of the resource agencies, the maintenance of the created area is estimated to be completed by end of fiscal year 2018. Department: Public Works -Account No. 210.165.516 Level: I Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carrycnrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expen itures Budget Appropriation Projected Prcjected Projected Projected Cost Adrliristraticn $ 132,101 $ 1,394 $ 2000 $ 2,003 $ 2000 $ 2,000 $ 141,496 Acquisiticn $ 20,442 $ 5,000 $ 25,442 Ct:nstructicn $ 380,000 $ 380,000 Ct:nstructicn Engineering $ 15,000 $ 15,000 Design $ 59,653 $ 59,653 Environmental $ 48,764 $ 26,000 $ 26,000 $ 26,000 $ 26,000 $ 152,764 M51-1CP $ 20,500 $ 20,500 Totals $ 212,196 $ 470,658 $ - $ 28,000 $ 28,000 $ 28,000 $ 28,000 $ 794,854 Source of Funds: Prior Years Actual Expen ittxes CFD mu creek) $ 212196 Total Ftrxing $ 212196 Future Operation & Maintenance Costs: 2013-14 Adgtted 2014-15 2015-16 Ppprcpriation Projected Projected $ 28,000 $ 28,000 $ 28,000 $ 28,000 2013-14 109 2015-16 2017-18 Tctal Project Prcjected Cost $ 28,000 $ 794,854 $ 28,030 $ 794,854 2017-18 • SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT Infrastructure / Other Projects Location Aerial Data - March 2010 0 400 800 Feet 1,600 110 2016-17 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 SANTA GERTRUDIS CREEK PEDESTRIAN / BICYCLE TRAIL EXTENSION AND INTERCONNECT infrastructure I Other Project Project Description: This project includes planning and preliminary engineering for the extension and interconnect of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail from Ynez Road to the Murrieta Creek Multi -Purpose Trail. The extension and interconnect will provide access and under -crossings at Ynez Road, Interstate 15 and Jefferson Avenue, and a continuous paved trail along the Santa Gertrudis Creek to interconnect with the Murrieta Creek Multi -Purpose Trail. Benefit / Core Value: This project provides additional pedestrian and bicycle trails for the community. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The project is currently in the design phase and will be constructed in future years when funding is available. Department: Public Works—Account No. 210.165.739 Level: 111 Project Cost: Fscal Year Prior Years Ended2013 2013-14 Acted Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expen[iti es Budget Appropriation Projected Prcjected Projected Projected Cost Administration $ 96,116 $ 6,669 $ 28,581 $ 378,000 $ 509,366 Construction $6,000,000 $ 6,000,000 Construction $ 96,612 $ 126,425 $ 223,037 Engneering $ 33,000 $ 33,000 Design $ 121,162 $ 250,410 $ 371,572 Environmental $ 360,000 $ 360,000 MSHCP $ 217,278 $ 257,079 $ 28,581 $ - $ - $ - $ 300,000 $ 300,000 Totals $ 217,278 $ 257,079 $ 28,581 $ - $ - $ - $7,071,000 $ 7,573,938 Rscal Year Source of Funds: PnorYears Ended 2013 2013-14 Acted Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expen dures Budget Arcrcpriation Projected Prcjected Projected Projected Cost AB 2766 $ 41,746 $ 130,654 $ 28,581 $ 200,981 Bicycle Transportation Account (BTA) $ 96,612 $ 126,425 $ 223,037 Capital Project Reserves $ 78,920 $ 78,920 Unspecifiecr $ 7,071,000 $ 7,071,000 Total Funcing: $ 217,278 $ 257,079 $ 28,581 $ - $ - $ - $7,071,000 $ 7,573,938 Future Operation & Maintenance Costs: 2013-14 "Project cannot be constructed until a fuming source is identified. 111 2015-16 2017-18 TEEN i YOUNG ADULT VILLAGE Infrastructure / Other Project Location �F T r.1vitC 112 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TEEN/YOUNG ADULT VILLAGE infrastructure / Other Project Project Description: This project consists of initially completing a feasibility study to determine teen/young adult program needs. The Teen/Young Adult Village is envisioned to be a public/private partnership on approximately ten or more acres that will include a variety of teen entertainment, social and educational venues. These activities may also include a bowling alley, recording studio, dance or band performance area, refreshment area or restaurant, movie venue, ice rink, graphic arts studio, auto mechanic workshop, water park, and other teen activities. Benefit / Core Value: This project provides additional programs and services for teens and young adults of the community. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: The feasibility study portion of this project will be initiated by fiscal year 2013-14. The public/private portion of this project is estimated to begin in future years when funding is available. Department: Temecula Community Services—Account No. 210.190.122 Level: III Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 Expencitres Budget Appropriation Projected Projected 2016-17 Prcjected 2017-18 Total Project Projected Cost Administration $ 210,000 $ 210,000 Construction $ 30,000 $2,100,000 $ 2,100,000 Design $ 30,000 $ 215,000 $ 245,000 Fixtures/Fum/Equip $ - $ 30,000 $ - $ - $ - $1,050,000 $ - $ 1,050,000 Totals $ - $ 30,000 $ - $ - $ - , $3,575,000 $ - $ 3,605,000 Fiscal Year Source of Funds Prior Years Ended2013 2013-14 Actual CarrWv'er Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Projected Cost Expencitres Budget Appropriation Projected Projected Projected Capital Project Reserves $ 30,000 $ 30,000 Unspecified" $3,575,000 $ 3,575,000 Total Funding: $ - $ 30,000 $ - $ - $ - $3,575,000 $ - $ 3,605,000 Future Operation & Maintenance Costs 2013-14 "Project cannot be constructed until a lancing source is identified. 113 2015-16 2016-17 2017-18 $ 60,E1 TEMECULA CITY ENTRY MONUMENTATION Infrastructure / Other Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 114 2014-15 $ 5,202 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TEMECULA CITY ENTRY MONUMENTATION Infrastructure / Other Project Project Description: This project includes the design and construction of an entry monument to replace the monument at the north end of the City. The new monument will be designed and constructed by the developer pursuant to the Fee Credit Agreement, dated October 9, 2007, and will be reimbursed pursuant to Section 4.H. of the Agreement. The developer's obligation for this project is $36,000. Benefit / Core Value: This project provides identification and recognition for the City. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Economic Prosperity. Project Status: The start date for this project is dependent on the developer. Department: Temecula Community Services / Planning—Account No. 210.165.671 Level: II Project Cost: Fiscal Year Pticr Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project E perxitu-es Budget Appropriation Projected Projected Prcjected Projected Cost Ccnstructicn $ 150,000 $ 150,000 Totals $ - $ '150,000 $ - $ - $ - $ - $ - $ 150,000 Source of Funds: �7°r Years Actual Expencitres DIF (Folic Art) Total Foxing Future Operation & Maintenance Costs: Fiscal Year Ended 2013 Carryover Budget $ 159,000 $ 159,000 2013-14 Adgyted 2014-15 2015-16 Arxrcecriation Projected Projected $ $ $ 2013-14 $ 5,100 115 2015-16 2016-17 Projected 2016-17 2017-18 Total Project Projected Cost 2017-18 $ 5,306 $ 5,412 I $ 5,520 $ 150,000 $ 150,000 TEMECULA COMMUNITY CENTER RENOVATION Infrastructure / Other Project Location Aerial Data - March 2010 0 125 250 Feet 500 116 2014-15 $ 3,000 2016-17 $ 3,121 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TEMECULA COMMUNITY CENTER RENOVATION infrastructure I Other Project Project Description: This project will include the design and construction of the renovation of the 6,230 square foot Temecula Community Center, including seismic upgrades, energy efficient HVAC systems, windows, and other tenant improvements. Benefit ! Core Value: This project will upgrade the building to current building codes and standards and make it more energy efficient. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status!: This project is in design development and is estimated to be completed by fiscal year 2013-14. Department: Public Works—Account No. 210.165.754 Level: 1 Project Cost: Rscal Year Pricy Years Ended2013 2013-14 Actual Carry w r Adapted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject 6cpencitixes Budget Apprapnaticn Projected Projected Projected Projected Cost Achinistration $ 69,170 $ 201,230 $ 122,290 $ 270,400 Construction $ 170,746 $ 1,100,000 $ 700,000 $ 1,800,000 Construction $ 188,822 $ 1,401,578 $ 740,000 $ - $ - $ - $ - $ 2,330,400 Engneering $ 50,000 $ 50,000 Design $ 111,625 $ 38,375 $ 150,000 Fxtunes/Fum/Equip $ 10,000 $ 40,000 $ 50,000 Utilities $ 8,027 $ 1,973 $ 10,000 Totals $ 188,822 $ 1,401,578 $ 740,000 $ - $ - $ - $ - $ 2,330,400 Ascal Year Solrce of Funds: PncrYears Ended2013 2013-14 Actual Cady:met- Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Experxitrres Budget Aprxropriaticn Projected Projected Projected Projected Cost CDBG $ 18,076 $ 1,181,924 $ 122,290 $ 1,322,290 DIF (Parks & Recreation) $ 170,746 $ 219,654 $ 617,710 $ 1,008,110 Total Funding: $ 188,822 $ 1,401,578 $ 740,000 $ - $ - $ - $ - $ 2,330,400 Future Operation & Maintenance Costs 2013-14 117 2015-16 $ 3,060 2017-18 $ 3,184 TEMECULA PARK AND RIDE Infrastructure / Other Project Location Aerial Data - March 2010 0 150 300 Feet 600 118 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TEMECULA PARK AND RIDE infrastructure / Other Project Project Description: This project includes the acquisition of property, design, and construction of a Park and Ride facility in the vicinity of Temecula Parkway and La Paz Street. Benefit / Core Value: This project enables and encourages Temecula residents to carpool when commuting. In addition, this project satisfies the City's Core Value of A Sustainable City. Project Status: The design of this project is complete. This project has been designated as a Transportation Control Measure (TCM) project pursuant to the Air Quality Management Plan/State Implementation Plan (AQMP/SIP) to meet air quality conformity. The 2012 Regional Transportation Plan (RTP) and the current 2011 Federal Transportation Improvement Program (FTIP) identifies the Temecula Park and Ride as a committed (programmed in the first two years of the FTIP) TCM project. Once a TCM is committed for implementation in the first two years of the FTIP, the committed TCM must be operational by the completion date in the prevailing FTIP or FTIP amendment. The Temecula Park and Ride must be completed by December 31, 2015 in order to fulfill these requirements. Department: Public Works—Account No. 210.165.747 Level: I Project Cost: Fiscal Year Pticr Yeats Ended 2013 2013-14 Pctu l Carrycner Prlcpted 2014-15 E>q:encitrxes Budget Pccrccriaticn Prcjected 2015-16 Projected 2016-17 2017-18 Tctal Project Projected Projected Cost Administration $ 38,880 $ 75,000 $ 165,000 $ 278,880 Acquisition $ 187,530 $ 187,530 Construction $ 272,967 $ 330,175 $1,269,825 $ 1,600,000 Construction $1,345,130 $ 1,345,130 Engneering $ 365,093 $ - $ - $ 64,000 $1,434,825 $ - $ - $ 64,000 Design $ 138,683 $ 15,000 $ 153,683 MSHCP $ 80,000 $ 80,000 Totals $ 365,093 $ - $ - $ 564,175 $1,434,825 $ - $ - $ 2,364,093 Fiscal Year SoLrce of Funds Pri°r Yeats Ended 2013 2013-14 Pctu l Carrycher Prlcpted 2014-15 E>q:encitrxes Budget Pccrccriaticn Projected 201516 Projected 2016-17 2017-18 Tctal Project Prcjected Projected Cost AB 2766 $ 92,126 $ 564,175 $ 89,695 $ 745,996 Capital Project Reserves $ 272,967 $ 272,967 Unspeciiecr $1,345,130 $ 1,345,130 Total Finding: $ 365,093 $ - $ - $ 564,175 $1,434,825 $ - $ - $ 2,364,093 Futr.re Operation & Maintenance Costs 201314 'Project cannel be constructed until a lancing source is identified. 119 2015-16 2016-17 2017-18 $ 1,500 $ 1,530 TEMECULA VALLEY ENTREPRENEUR'S EXCHANGE Infrastructure / Other Project Location Aerial Data - June 2011 0 62.5 125 Feet 250 120 2016-17 $ 156, C60 2014-15 $150,000 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TEMECULA VALLEY ENTREPRENEUR'S EXCHANGE infrastructure I Other Project Project Description: This project will include improvements to open the second floor of the building and will included classroom space for use by higher education institutions, as well as a computer lab, student library/lounge, and other support services. Construction of improvements to the former City Hall facility include elevator control system replacement, repair of roof, proximity card and HVAC systems and front door ADA upgrades. Benefit / Core Value: Collaborating with higher education institutions to provide classes at the business incubator/resource center will create a synergy between the emerging start-up community and students. It will foster highly educated adults better prepared to enter the workforce and stimulate the entrepreneurial ecosystem, thus creating additional jobs, product, and innovation to Temecula and the region. In addition, this project satisfies the City's Core Value of Economic Prosperity. Project Status: This project is estimated to be complete by June 2014. Department: Public Works —Account No. 210.165.702 Level: II Project Cost: Focal Year Pticr Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencitres Budget Appropriation Projected Projected Prcjected Projected Cost • Admiristrati cn $ 19,000 $ 19,000 Construction $ 114,492 $ 20,508 $ 181,000 $ 316,000 Totals $ 114,492 $ 20,508 $ 200,000 $ - $ - $ - $ - $ 335,000 Fscal Year Source of Funds: Pricr Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencitres Budget Appropriation Projected Projected Prcjected Projected Cost DIF (Corporate Facilties) $ 114,492 $ 20,508 $ 200,000 $ 335,000 Taal Foxing $ 114,492 $ 20,508 $ 200,000 $ - $ - $ - $ - $ 335,000 Future Operation & Maintenance Costs 2013-14 $ 100,000 121 2015-16 $153,000 2017-18 THEATER REMEDIATION Infrastructure / Other Project Location Aerial Data - March 2010 0 55 110 Feet 220 122 1 2016-17 2014-15 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 THEATER REMEDIATION infrastructure Other Project Project Description: This project addresses design and construction deficiencies at the Old Town Community Theater primarily related to problems with the exterior cedar siding, decks and exposed timber. Benefit / Core Value: This project minimizes emergency repair costs, prolongs the service life, and corrects design and construction defects at this facility. In addition, this project satisfies the City's Core Value of a Healthy Livable City, and A Safe and Prepared Community. Project Status: The design of the remediation priorities of this project has been initiated. Construction is estimated to be completed by end of fiscal year 2013-14. Department: Public Works—Account No. 210.165.756 Level: 1 Project Cost: Pricy Years Actual Expercitures Rscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject Budget Appropriation Projected Projected Projected Projected Cost Administration $ 64,361 $ 9,040 $ 70,000 $ 143,401 Construction $ 84,166 $ M,1,000 $ 1,929,175 $ 2,373,175 Construction $ 84,166 $ 710,834 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Engneering $ 25,000 $ 50,000 $ 75,000 Design $ 19,805 $ 232,794 $ 35,000 $ 287,599 Totals $ 84,166 $ 710,834 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Source cf Funds: Rscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Budget Apprapriaticn Projected Projected Projected Projected Expenciturres Cost capital Project Reserves $ 84,166 $ 710,834 $ 2,084,175 $ 2,879,175 Total Folding: $ 84,166 $ 710,834 $ 2,084,175 $ - $ - $ - $ - $ 2,879,175 Future Operation & Maintenance Costs 2013-14 Ncte: Settlement funds received in fiscal year encing 2011 for this project. 123 2015-16 2017-18 YMCA REPAIR AND REMEDIATION Infrastructure / Other Projects Location Aerial Data - March 2010 0 75 150 Feet 300 124 • 2014-15 $ 1,000 2016-17 $ 3, 300 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 YMCA REPAIR AND REMEDIATION infrastructure Other Project Project Description: This project will include the design and construction of the repair and remediation of the YMCA building on Margarita Road, including the roof, exterior cladding (stucco walls, windows, and doors), shower and restrooms, swimming pool, site drainage, and other miscellaneous repairs. Benefit / Core Value: This project will remediate the building deficiencies and upgrade it to current building codes and standards. In addition, this project satisfies the City's Core Value of a Healthy Livable City, and A Safe and Prepared Community. Project Status: This project will be started in fiscal year 2013-14. Department: Public Works —210.165.759 Project Cost: Fiscal Year Pticr Years Ended 2013 2013-14 Actual Carryc v r Pdcpted 2014-15 2015-16 2016-17 2017-18 Total Project Expencittxes Budget Appropriation Projected Projected Level: I Prcjected Projected Cost Admiristraticn $ 195,000 $ 195,000 Ccnstnxticn $ 971,000 $ 971,000 Ccnstnxticn Engineering $ 82,000 $ 82,000 Design $ 148,000 $ 148,000 Totals $ - $ - $ 1,396,000 $ - $ - $ - $ - $ 1,396,000 Fiscal Year Source of Funds: Pncr Years Ended 2013 2013-14 Actual Canywer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Bcpencittxes Budget Appropriation Projected Projected Projected Projected Cost Capital Pried Reserves $ 161,047 $ 161,047 DF (03241xcate Facilties) $ 511,129 $ 511,129 DIF (Qirrl7y) $ 723,824 $ 723,824 Total Ftxxing $ - $ - $ 1,396,000 $ - $ - $ - $ - $ 1,396,000 Future Operation & Maintenance Costs 2013-14 25 2015-16 $ 3,000 2017-18 $ 3,600 126 City of Temecula Capital Improvement Program Fiscal Year 2014-18 PARKS AND RECREATION Table of Contents Children's Museum Enhancement Project 129 Daisen Garden and the "Singing in the Rain" Statue Enhancements at the Temecula Duck Pond 131 Flood Control Channel Reconstruction and Repair 133 Neighborhood Park Security Lighting 135 Parks Improvement Program 137 Patricia H. Birdsall Sports Park Synthetic Turf Enhancement 139 Playground Equipment Enhancement and Safety Surfacing 141 Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 143 Sam Hicks Monument Park Playground Replacement 145 Senior Citizen Outdoor Fitness Lot 147 Special Needs Playground 149 Tennis Court Lighting - Great Oak High School 151 127 CHILDREN'S MUSEUM ENHANCEMENT PROJECT Parks and Recreation Project Location Aerial Data - March 2010 Feet 0 50 100 200 128 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 CHILDREN'S MUSEUM ENHANCEMENT PROJECT Parks and Recreation Project Project Description: As exhibits and play experiences in the Children's Museum become outdated, this project allows for the re -design and replacement of exhibit areas or refurbishment of existing exhibits. This process provides the museum visitor new and updated play experiences. Benefit / Core Value: This project enhances existing exhibit areas of the Children's Museum. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project will be completed by June 2015. Department: Temecula Community Services—Account No. 210.190.125 Level: II Project Cost: Rscal Year Pticr Years Ended 2013 2013-14 Actual CarrWv r Adopted 2014-15 2015-16 2016-17 2017-18 Tata) Prcject Expen idxes Budget Appropriation R-gected Projected Prgected Projected Cost Admiristraicn $ 10,000 $ 10,000 Ccnstructicn $ 23,457 $ 61,543 $ 90,000 Design $ 23,457 $ 14,000 $ - $ - $ - $ - $ - $ 14,000 Totals $ 23,457 $ 85,543 $ - $ - $ - $ - $ - $ 114,000 Fscal Year Source of Funds 1cr Years bided 2013 2013-14 Actual Carrsbver Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expen[idxes Budget Appnolxia6on Prgected Projected Prgected Projected Cost DIF(Pa s & Farcredion) $ 23,457 $ 85,543 $ 114,000 Total Rrxing: $ 23,457 $ 85,543 $ - $ - $ - $ - $ - $ 114,000 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 $ 612 $ 624 $ 637 $ 649 129 DAISEN GARDEN AND THE "SINGING IN THE RAIN" STATUE ENHANCEMENTS AT THE TEMECULA DUCK POND Parks and Recreation Project Aerial Data -June 2011 Feet 0 50 100 200 130 2016-17 Projected Fiscal Year Ended 2013 Can cover Budget 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 DAISEN GARDEN AND THE "SINGING IN THE RAIN" STATUE ENHANCEMENTS AT THE TEMECULA DUCK POND Parks and Recreation Project Project Description: The Daisen Garden enhancements will consist of a new commemorative plaque and monument, a Torii Gate, a Japanese bridge, two Kitsune statues, additional lighting using stone lanterns, removable bollards, additional boulders and hardscape, and additional trees and landscaping. The "Singing in the Rain" statue enhancement will consist of the installation of a commemorative plaque, two tulip statues, Delft Tiles, and additional landscape and lighting improvements. These enhancements are in preparation of the 20 -year anniversary with the sister cities, Daisen, Japan, and Leidchendam-Voorburg, Netherlands. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Project Status: The conceptual design for the related improvements have been reviewed and approved by the Temecula Sister City Association and Temecula Sister City Liaison. Department: Temecula Community Services—Account No. 210.190.124 Level: 1 Project Cost: Fiscal Year Pricr Years Sided 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project ExpencitLres axiget Apprnlxiation Projected Prcjected Projected Prcjected Cost Admiristraticn $ 10,000 $ 10,000 Ccnstnxticn $ 130,000 $ 130,000 Design $ 10,000 $ 10,000 Totals $ - $ - $ 150,000 $ - $ - $ - $ - $ 150,000 Source of Funds: Pncr Years Actual ExpencitLres DIF (Q.irrby) Total Foxing Future Operation & Maintenance Costs 2013-14 Adopted 2014-15 2015-16 Apprnlxiation Projected Projected $ 150,000 $ 150,000 2013-14 131 2015-16 2017-18 Prcjected 2017-18 Total Prcject Cost $ 150,000 $ 150,000 FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR Parks and Recreation Project Location �F T r.1vitc r/'7%A 1 1 I ,\, 'y R47. 11 . I ! r ...II Jr• Q rc-Ar ittA 4146 1989 ,t,�~ T NS t NEW o4 132 2016-17 $ 500 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR Parks and Recreation Project Project Description: This project repairs and reinforces the earth and berms between specific park sites and flood control channels, and fortifies the banks to prevent further erosion into the park sites. These park sites include Pala Community Park, Margarita Community Park, Butterfield Stage Park, and Long Canyon Creek Park. Benefit / Core Value: This project prevents further erosion into specific park sites. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: A priority list of projects has been developed. Repairs and reinforcements are completed on an ongoing basis. Department: Public Works / Temecula Community Services—Account No. 210.190.127 Level: Project Cost: Rscal Year Pricr Years Ended 2013 2013-14 Actual Carry wer Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Prefect Expendtu-es Budget Apprnlxiation Projected Projected Projected Projected Cost Admiristraticn $ 10,841 $ 24,159 $ 35,000 $ 70,000 Ccnstructicn $ 25.000 $ 150,000 $ 175,000 $250,000 $250,000 $ 850,000 Ccnstructicr $250,003 $250,000 $ 500,000 Engineering $ 35,841 $ 214,158 $ 20,000 $ - $250,003 $ - $250,000 $ 20,000 Design $ 40,000 $ 40,000 Ernirnnmeitai $ 20,000 $ 20,000 Totals $ 35,841 $ 214,158 $ 250,000 $ - $250,000 $ - $250,0001 $ 1,000,000 Rscal Year Source of Funds:Pricr Years Ended 2013 2013-14 Actual Carrynnrer Adopted 2014-15 2016-16 2016-17 2017-18 Tctai Project Expencitr.res Budget Appr pia ion Projected Projected Projected Projected Cost Capital Pnject Reseties $ 35,841 $ 214,158 $ 250,000 $ 500,000 Unspecified" $250,003 $250,000 $ 500,000 Total Foxing $ 35,841 $ 214,158 $ 250,000 $ - $250,003 $ - $250,000 $ 1,000,000 Future Operation & Maintenance Costs 2013-14 2014-15 $ 500- "Prrject cairxt be corstnrcted until a finding sasce is identified. 123 2015-16 $ 500 2017-18 $ 500 NEIGHBORHOOD PARK SECURITY LIGHTING Parks and Recreation Project Location Aerial Data - March 2010 0 125 250 Feet 500 134 Fiscal Year Ended 2013 Carryonrer Budget 2016-17 2016-17 Projected $ 40,000 $ 40,000 $ 4,245 2014-15 $ 4,0 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 NEIGHBORHOOD PARK SECURITY LIGHTING Parks and Recreation Project Project Description: This project includes the addition of low intensity security lighting at various neighborhood parks, which may include Serena Hills Park, Sunset Park, and Veterans Park. Benefit / Core Value: This project enhances the safety of City residents in neighborhood parks and facilitates police patrols in these areas. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and A Safe and Prepared Community. Project Status: A priority list has been developed. Installations are completed on an ongoing basis. Department: Temecula Community Services—Account No. 210.190.151 Level: 11 Project Cost: Fiscal Year Prig- Years Ended 2013 2013-14 Actual Carryonrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencitures Budget Appropriation Projected Projected Projected Projected Cost Administration $ 5,000 $ 5,000 $ 10,000 Construction $ 35,000 $ 35,000 $ 70,000 Totals $ - $ - $ - $ - $ 40,000 $ 40,000 $ - $ 80,000 Source ai Funds: Pr7°r Years Actual Expencilires Urnspecifie r Total Fuzing Future Operation & Maintenance Costs: 2013-14 Adopted 2014-15 2015-16 Appropriation Projected Projected $ 40,000 $ $ $ 40,000 2013-14 *Project cannel be constructed until a finding source is idertified. 135 2015-16 $ 4,162 2017-18 Projected 2017-18 $ 4,330 Tctal Project Cost $ 80,000 $ 80,000 PARKS IMPROVEMENT PROGRAM Parks and Recreation Project Location �F T r.1vitc 1:49 Tc -Ar 1/ (77/A . c 1/ �, ; R 11 / ,C J, o ie 4. 1989,,,,, ov-‘)Ars. NEW ov- 136 2014-15 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 PARKS IMPROVEMENT PROGRAM Parks and Recreation Project Project Description: This project facilitates rehabilitation and improvement projects at City parks such as Ronald Reagan Sports Park, Patricia H. Birdsall Sports Park, Pala Community Park, Paloma Del Sol Park, Kent Hintergardt Memorial Park, Loma Linda Park, and Butterfield Stage Park. The rehabilitation and improvement projects will include parking lot repairs and resurfacing, raised and cracked concrete sidewalk replacement, playground surfacing removal and replacement, fencing repair and replacement, irrigation system efficiency upgrades, lighting system efficiency upgrades, on-site drainage improvements, and other similar projects. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Project Status: A priority list has been developed. Rehabilitations are completed on an ongoing basis. Department: Public Works/Temecula Community Services—Account No. 210.190.130 Level: 1 Project Cost: fiscal Year 1 Rion Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject Expetxitrxes Budget Apprnrxiation Projected Projected Projected Projected Cost Ccnstructicn $ 712,866 $ 77,134 $ 250,000 $200,000 $200,000 $200,000 $ 1,150,000 Totals $ 22,866 $ 77,134 $ 250,000 $200,000 $200,01) $200,000 $ - $ 1,150,000 fiscal Year Source of Funds: Pncr Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject Expencitrxes Budget Apprnrxiation Projected Projected Projected Projected Cost Capital Fried Reserves $ 172,866 $ 77,134 $ 250,000 $ 200,000 $ 700,000 DIF (C4.irrby) $ 50,CCO $ 50,000 Unspecified" $200,000 $200,000 $ 400,000 Total Fulling $ 712,866 $ 77,134 $ 250,000 $ 200,000 $2W,000 $ 200,000 $ - $ 1,150,000 Future Operation & Maintenance Costs 2013-14 " Prcject canr>ct be cor strutted until a finding soxce is identified. 137 2015-16 2017-18 PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF ENHANCEMENT Parks and Recreation Project \ •/ • 77-4(• Aerial Data -June 2011 m=Feet 0 50 100 200 138 2016-17 $ 12,000 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF ENHANCEMENT Parks and Recreation Project Project Description: This project includes the removal and enhancement of the synthetic turf and infill material at each of the four synthetic turf sports fields at Patricia H. Birdsall Sports Park. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and accountable and Responsive Crty Government. Project Status: The removal and replacement of the synthetic turf will be performed at one field each year for the next four years staring with the Multipurpose Field at the southerly end of the park in fiscal year 2013-14 . Department: Public Works/Temecula Community Services 210.190.119 Level: 1I Project Cost: Fscal Year Pricr Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Prcject Expencitu-es Budget Apprnlxiation Projected Projected Projected Projected Cost Admiristraticn $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 40,000 Construction $300,000 $300,003 $300,000 $300,000 $ 1,200,000 Design $ 15,000 $ 15,003 $ 15,000 $ 15,000 $ 60,000 Totals $ - $ - $ - $325,000 $325,000 $325,000 $325,000 $ 1,300,000 Fscal Year Source of Funds: Pricr Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctai Project Expencikres Budget Appropriation Projected Projected Projected Projected Cost DIF (Paries & Ftcredion) $325,000 $ 325,000 Unspecified" $325,003 $325,000 $325,000 $ 975,000 Trial Fm incq $ - $ - $ - $325,000 $325,000 $325,000 $325,000 $ 1,300,000 Future Operation & Maintenance Costs 2013-14 2014-15 $ 4,000 " Prcject canna be constructed until a finding sa rce is identified. 139 2015-16 $ 8,000 2017-18 $ 16,000 PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING Parks and Recreation Project Location �F Tl1lvij?c 1\\'\ #11 o ' t, 1989 s • NEw 140 2016-17 $ 1,000 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING Parks and Recreation Project Project Description: This project includes the removal, re -design, and enhancement of playground equipment and safety surfacing at existing City parks to comply with current state and federal regulations. The City park playground sites include Pala Community Park, John Magee Park, Butterfield Stage Park, Long Canyon Creek Park, Nicolas Road Park, Paseo Gallante Park, Rivertron Park, Redhawk Community Park, Rotary Park, Stephen Linen Park, Sunset Park, Temecula Creek Trail Park, Temeku Hills Park, Vail Ranch Park, Veterans Park, Winchester Creek Park, and Calle Aragon Park. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Project Status: A priority list has been developed and will be completed on an ongoing basis. Department: Public Works/Temecula Community Services -Account No. 210.190.120 Level: II Project Cost: Fscal Year Pticr Years Ended 2013 2013-14 Actual Carrycnrer Adapted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencitres Budget Appropriaticn Projected Projected • Projected Projected Cost Admiristraticn $ 15,000 $ 15,0X0 $ 15,000 $ 15,000 $ 60,000 Ccnstru ticn $250,000 $300,000 $350,000 $400,00D $ 1,300,000 Design $ - $ - $ - $ 25,000 $ 25,00D $ 25,000 $ 25,00D $ 100,000 Totals $ - $ - $ - $290,000 $340,000 $390,000 $440,000 $ 1,460,000 Fscal Year Source of Funds: mor Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencitres Budget AppnoFxiaticn Projected Projected Projected Projected Cost GIF (Qirrtry) $290,000 $ 290,000 Unspecified" $340,000 $390,000 $440,000 $ 1,170,000 Trial Fulling $ - $ - $ - $290,000 $340,000 $390,000 $440,000 $ 1,460,000 Future Operation & Maintenance Costs 2014-15 2013-14 2015-16 $ 1,0001 $ 1,000 $ 1,o:0 *Project canry t be ccnstru ted until a finding sauce is identified. 141 2017-18 $ 1,000 RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND Parks and Recreation Project Location Aerial Data - March 2010 0 100 200 Feet 400 142 2016-17 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND Parks and Recreation Project Project Description: This will include excavating, hauling away, and disposing of silt in the channel location in Ronald Reagan Sports Park, and the desiltation pond west of the sports park, as well as mitigation. Part of this project was completed in December 2007, in accordance with City Resolution No. 07-105, Declared Local Emergency. Benefit / Core Value: This project will increase the flow capacity of the channel in order to prevent flooding in the sports park, and increase the capacity of the pond to hold storm water and reduce down stream sedimentation. In addition, this project satisfies the City's Core Value of A Safe and Prepared Community. Project Status: The design for restoring the Best Management Practices (BMP) of the Storm Water Pollution Prevention Plan and the Required Water Quality Management Plan by desilting the basin near the sports park is nearly complete. Removal of silt and construction of the mitigation site has been completed since 2012. Upon approval by the resource agencies, the maintenance of the mitigation site is estimated to be completed during fiscal year 2016-17. Department: Public Works / Temecula Community Services -Account No. 210.190.187 Level: Project Cost: Rscal Year Pricr Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject Expendtunes Budget Approprialim Projected Projected Projected Projected Cost Administration $ 187,269 $ 5,200 $ 5,200 $ 5,200 $ 5,200 $ 208,069 Construction $ 216,542 $ 24,450 $ 24,448 $ 24,448 $ 24,448 $ 314,336 Desigi $ 207,229 $ 207,229 Totals $ 611,040 $ - $ 29,650 $ 29,648 $ 29,648 $ 29,648 $ - $ 729,634 Source of Funds: Rscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Prcject Egaencitires Budget Appropriation Projected Projected Projected Projected Cost Capital Project Reserves $ 355,683 $ 29.650 $ 29,648 $ 29,648 $ 29,648 $ 474,277 Proposition 42 $ 88,000 $ 88,000 Reintursements/Cther (FB\4e,)" $ 167,357 $ 167,357 Total Fuming: $ 611,040 $ - $ 29,650 $ 29,648 $ 29,648 $ 29,648 $ - $ 729,634 Future Operation & Maintenance Costs 2013-14 2014-15 r 2015-16 "Part ofthis project was completed in December 2007and FEMA requires approval for adcitienal funds. 143 2017-18 SAM HICKS MONUMENT PARK PLAYGROUND REPLACEMENT Parks and Recreation Project Location Aerial Data - March 2010 0 100 200 Feet 400 144 2014-15 2016-17 $ 208 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 SAM HICKS MONUMENT PARK PLAYGROUND ENHANCEMENT Parks and Recreation Project Project Description: This project includes the design and construction of a new innovative play area to replace the existing equipment, including removal of old equipment and installation of new equipment, and resurfacing according to ADA Guidelines. Benefit / Core Value: This project provides an enhanced play environment and improved access for the disabled. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is estimated to be completed by the end of fiscal year 2014-15. Department: Temecula Community Services—Account No. 210.190.132 Level: I Project Cost: Fscal Year Prior Years Ended 2013 2013-14 Actual Carrycnrer Adapted 2014-15 2015-16 2016-17 2017-18 Tctal Project Expencittxes Budget Appropriation Projected Prcjected Projected Projected Cost Adrliristratian $ 50,000 $ 7,500 $ 7,500 Construction $ 263.300 $ 263,300 Design $ - $ 50,000 $ 270,800 $ - $ - $ - $ - $ 50,000 Totals $ - $ 50,000 $ 2/0,800 $ - $ - $ - $ - $ 320,800 Fscal Year Source of Funds: Pricy Years Ended 2013 2013-14 Actual Carryanrer Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Ex pencitures Budget Appropriation Projected Projected Projected Projected Cost CDBG $ 50,000 $ 125,000 $ 175,000 DIF (Qirrt ,) $ 145,800 $ 145,800 Total Foxing $ - $ 50,000 $ 270,800 $ - $ - $ - $ - $ 320,800 Future Operation & Maintenance Costs 2013-14 145 2015-16 $ 204 2017-18 $ 212 SENIOR CITIZEN OUTDOOR FITNESS LOT Parks and Recreation Project Location Aerial Data - March 2010 0 80 160 Feet 320 146 2014-15 $ 612 2016-17 $ 637 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 SENIOR CITIZEN OUTDOOR FITNESS LOT Parks and Recreation Project Project Description: This project includes the design and development of an outdoor exercise area for mature adults to be located in Margarita Community Park. Construction of the exercise area will be located in the park and consist of ADA accessible surfacing, four to ten exercise apparatus for mature adults, shade covering, water fountain, and fencing. Benefit / Core Value: This project provides a venue for seniors and mature adults to exercise. In addition, this project satisfies the City's Core Value of a Healthy and Livable Criy. Project Status: This project is estimated to be completed by end of fiscal year 2013-14. Department: Temecula Community Services—Account No. 210.190.133 Level: II Project Cost: Rscal Year Pticr Years Ended 2013 2013-14 Actual Carr syv r Adopted 2014-15 2015-16 2016-17 2017-18 Total Project EAerxiaxes Budget Appropriation Projected Projected Prgected Projected Cost Admiristraticn $ 4,026 $ 15,774 $ 19,80) Construction $ 4,026 $ 60,000 $ 60,000 Desigi $ 4,026 $ 10,000 $ - $ - $ - $ - $ - $ 10,000 Tctais $ 4,026 $ 85,774 $ - $ _ $ - $ - $ - $ 89,800 Source c# Funds: Pn°r Years Actual &pent:nixes Fscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Projected Projected Cost Budget Apprq: nation Projected Projected DIF (Pads & FL -creation) $ 4,026 $ 85,774 $ 89,800 Total Fr ,cincg $ 4,026 $ 85,774 $ - $ - $ - $ - $ - $ 89,800 Future Operation & Maintenance Costs 2013-14 147 2015-16 $ 624 2017-18 $ 649 SPECIAL NEEDS PLAYGROUND Parks and Recreation Location �F T c\ I 1\\c'\( 1 .1. t� Ili ! r , , ',...1J, p 1989 s''' 1 ov iO ►J ♦ NEw ov - 148 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 SPECIAL NEEDS PLAYGROUND Parks and Recreation Project Project Description: Phase one of this project includes the development of a special needs play park area within an existing park. The area will be fenced and include a play apparatus appropriate for youth with special needs, as well as picnic tables and benches. Phase two will incorporate a water feature within the special needs play park area. Benefit / Core Value: This project provides a play area for youth with special needs. In addition, this project satisfies the City's Core Value of a Healthy and Livable Crty. Project Status: Phase one of this project is in the planning and design phase to be completed by June 2014. Phase two of this project is anticipated to be completed by June 2017. Department: Temecula Community Services—Account No. 210.190.129 Level: I Project Cost: Fiscal Year Prior Years bided 2013 2013-14 Actual Carryaver Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencitu-es Budget Apprnlxiation Projected Projected Projected Projected Cost Administration $ 15,394 $ 74,606 $ 50,000 $ 140,000 Ccnstnxtial $ 31,494 $ 686,500 $400,000 $ 1,086,500 Design $ 16,100 $ 53,900 $ 50,000 $ 120,000 Totals $ 31,494 $ 815,006 $ - $ - $ - $500,000 $ - $ 1,346,500 Fiscal Year Source of Funds: Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expencitr.res Budget Apprnlxiation Projected Projected Projected Projected Cost DIF (Parks & ItcreaOn) $ 31,494 $ 315,006 $ 346,500 DIF(Qirrirj) $ 500,000 $ 500,000 Unspecified" $500,000 $ 500,000 Total Fulling $ 31,494 $ 815,006 $ - $ - $ - $500,000 $ - $ 1,346,500 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 $ 510 $ 520 $ 531 $ 541 $ 552 "Prcject cannot be corstnacted until a finding sa rce is identified. 149 TENNIS COURT LIGHTING - GREAT OAK HIGH SCHOOL Parks and Recreation Project Location L. ottA ; irk ircH,410.4cri-• *5f?ii II -1 NI: `9k> 11 a , ..• • -4... . .4'.. :- , ... •:, .... .. i y, ..", .• - • - • , • . • ::. / WY .V.,......C.4 •: ..' : 'Z''' r 117•:..... '. 4:66,kf• , 11.1 .. ... - -• . '....'•.. • ... " It/ ". :-/....4 .:'• -1.7nik it: -94,6 • ;:.•,;- -.-A. • *4.:.,....c...: .. • .,--.6-',;.: "14..---...7.'ik...n.•:-._ . .2.- .L. Aerial Data - March 2010 Feet 0 125 250 500 150 2014-15 $ 6,242 2016-17 $ 6,495 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 TENNIS COURT LIGHTING -GREAT OAK HIGH SCHOOL Parks and Recreation Project Project Description: This project includes the installation of a lighting system on all eight tennis courts at Great Oak High School. Through a joint use agreement with Temecula Valley Unified School District (TVUSD), these courts can be used by the public on weekends, holidays, and after school hours. Benefit / Core Value: This project provides eight additional tennis courts for public use. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is in the planning phase and is estimated to be completed by end of fiscal year 2013-14. Department: Temecula Community Services—Account No. 210.190.128 Level: 11 Project Cost: Bscal Year Pticr Years Ended 2013 2013-14 Actual Carrycnrer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project &pen hues Budget Appropriation Projected Projected Projected Projected Cost Acqusitiai $ 10,544 $ 16,940 $ 27,484 Adniristratian $ 20,251 $ 265 $ 23,400 $ 43,916 Ccnstructicn $ 14,170 $ 343,330 $ 186,748 $ - $ - $ - $ - $ 544,248 Caistructicn Engineering $ 39,000 $ 39,000 Fixtures/FutUEgrip $ 5,000 $ 5,000 Totals $ 44,965 $ 404,535 $ 210,148 $ - $ - $ - $ - $ 659,648 Fiscal Year Source of Funds: mor Years Ended 2013 2013-14 Actual Canywer Adopted 2014-15 2015-16 2016-17 2017-18 Tctal Project Bcpencitres Budget Appropriation Projected Projected Proected Projected Cost DIF (Parts & Ftcreation) $ 44,965 $ 404,535 $ 210,148 $ 669,648 Taal Firmin $ 44,965 $ 404,535 $ 210,148 $ - $ - $ - $ - $ 669,648 Future Operation & Maintenance Costs 2013-14 $ 6.120 151 2015-16 $ 6,367 2017-18 $ 6,624 152 City of Temecula Capital Improvement Program Fiscal Year 2014-18 SARDA / HOUSING Table of Contents Affordable Housing 155 153 AFFORDABLE HOUSING Successor Agency to the Temecula Redevelopment Agency (SARDA) / Housing Project Location Aerial Data - March 2010 Feet 0 250 500 1,000 154 2014-15 $ 10,506 City of Temecula Capital Improvement Budget Fiscal Year 2014-18 AFFORDABLE HOUSING Successor Agency to the Temecula Redevelopment Agency (SARDA) / Housing Project Project Description: This project involves working with development partners to develop affordable housing projects in Old Town and the Pujol neighborhood which meet the State Planning and Redevelopment mandates. Benefit / Core Value: This project provides housing for all income types, encourages mixed-use infill development along major transportation corridors, and works towards the appropriate jobs and housing balance. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Economic Prosperity. Project Status: SARDA continues to pursue quality affordable housing development partners for the construction and management of affordable housing developments within the City. Three funding agreements are anticipated to be entered into for the development of affordable housing during fiscal year 2012-13. Department: SARDA—Account No. 166.800.815 Level: I Project Cost: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Apprpriation 2014-15 Projected 2015-16 Projected 2016-17 Projected 2017-18 Total Project Projected Cost Acquisition $ 1,859,667 $ 6,537,954 $ 3,397,621 Construction $ 6,842,789 $ 6,037,597 $12,930,336 Totals $ 8,702,456 $12,625,551 $ - $ - $ - $ - $ - $21,323,007 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted 2014-15 2015-16 Appropriation Projected Projected 2016-17 Projected Future Years Total Project Cost CDBG SARDA Housing $ 150,000 $ 150,000 Tax Increment $ 2,342,790 $ 2,842,790 SARDA Housing (2010 TABS) $ 4,000,000 $ 1,206,427 $ 5,206,427 SARDA Housing (2011 TABS) $ 1,859,666 $11,269,124 $13,123,790 Total Funding: $ 8,702,456 $12,625,551 $ - $ - $ - $ - $ - $21,326,007 Future Operation & Maintenance Costs: 2013-14 $ 10,300 '155 2015-16 $ 10,716 2016-17 $ 10,930 2017-18 $ 11,149 156 City of Temecula Capital Improvement Program Fiscal Year 2014-18 FUTURE YEARS PROJECTS aRCu.ATION Project Department Future Years Cherry Street Extension Diaz Road to Jefferson Avenue Public Woks 11,180,000 Diaz Road Wdening from Wnchester Road to Rancho California Road Public VVorks 1,500,000 Jefferson Avenue Meclan from Winchester Road to Rancho California Road Public Works 2,330,000 La Paz Street Widening from Ynez Road to State Route 79 South Public Works 2,500,000 hicdas Valley - Community Facilities District (Liefer Road) Public VVorks 4,038,508 Pauba Road Improvements - oast of Nhrgarita Road on the north side Public Works 130,030 Rainbow Canyon Road Wdening from Pechanga Parkway to City Limit Public Works 8,000,000 Rancho California Road East of kibaclays Parkway Public Works 470,000 Rancho Way Extension from Diaz to MEirgarita Road Public Works 28,337,030 Westem Bypass Corridor - Phase! Public VVorks 10,536,630 Westem Bypass Corridor - Phase II Public Works 11,300,000 Temecula Creek Crossing Public Works 16,777,300 Ynez Road Wdering from Rancho \Asia Road to La Paz Street Public Works 6,344,000 Ynez Road Wdering from Tierra Vista Road to Rancho Vista Road Public Works 530,000 TOTAL $104,043,408 INFRASTRUCTURE/ OTFER Project Department Future Years Corporate Meeting and Rent Space TCSD 625,000 Nhrgarita Under -Crossing Public Works 1,E60,000 Pedestrian and Bicycle Bridge Overcrossing into Old Town Planning 1,890,000 Old Tamm G nrnasium Community Services 4,630,000 Southside Branch Library Community Services 6,640,000 Southside Recreation Center Community Services 4,500,000 TOTAL $ 19,935,000 157 City of Temecula Capital Improvement Program Fiscal Year 2014-18 FUTURE YEARS PROJECTS (continued) PARKS and RECREATION Project Department Future Years Butterfield Stage Park Restroom Community Services 250,000 Hstory M.iseun Enhancement Project Community Services 200,000 Ronald Reagan Spats Park Nath/South Fields Back Stops, Dugout, and Parking Lot with Trash Enclosures Community Services 857,000 Ronald Reagan Spats Park Upper Soccer Paving and Community Services 481,250 Materials/Equipment Storage Bays Shade Structures for Play Structure Comm -lily Services 200,000 Sports Complex - Joint Ude (Riverside County Rood Control District) Commit -lily Services 8,250,000 Ynez Road and Overland Larxiscaping Community Services 200,000 Vail Ranch Park Improvements Community Services 800,000 Vail Ranch Park Site D CommuiityServices 1,843,000 TOTAL $ 13,081,250 158 City of Temecula Capital Improvement Program Fiscal Year 2014-18 GLOSSARY OF TERMS Abatement — Abatement usually applies to tax levies, special assessments, and service charges. Accounting System — The methods and records established to identify, assemble, analyze, classify, record, and report a government's transactions and to maintain accountability for the related assets and liabilities. Adoption — Formal action by the City Council that sets the spending limits for the fiscal year. Appropriation — A legal authorization granted by the City Council to make expenditures and incur obligations for specific purposes. Americans with Disabilities Act of 1990 (ADA) — A federal law providing for a wide range of protection to individuals which directly benefit District members. Assessment District — A separate local government agency formed to provide specific local public improvements that directly benefit District members. Audit — A systematic collection of the sufficient, competent evidential matter needed to attest to fairness of management's assertions in the financial statements or to evaluate whether management has efficiently and effectively carried out its responsibilities. Budget — A plan of financial operation embodying an estimate of proposed expenditures for a given period and the proposed means of financing them. Used without any modifier, the term usually indicates a financial plan for a single fiscal year. Budgetary Control — The control or management of a government or enterprise in accordance with an approved budget for the purpose of keeping expenditures within the limitations of available appropriations and revenues. Capital Improvement — Construction or major repair of City buildings, infrastructure, and facilities such as streets, roads, highways, bridges, curbs, gutters, sidewalks, storm drains, traffic signals, streetlights, gas and water distribution facilities, and parks. Capital Improvement Program (CIP) — Annual appropriations in the City's budget for capital purposes such as street improvements, building construction, and park improvements. Capital Expenditures — Expenditures resulting in the acquisition of or addition to the government's general fixed assets having a unit cost of $5,000 or more and a useful life of greater than one year. Infrastructure assets of $100,000 or more are also recorded capital expenditures. Capital Outlay — Expenditures which qualify as capital costs according to accounting standards. This includes furniture, fixtures, machinery, equipment, and other relatively minor fixed assets. Capital Project — A specific undertaking involving the procurement, construction or installation of facilities and related equipment which improves, preserves, enhances, or modernizes the City's provision of municipal services, has a long-term useful life, and for which costs exceed $25,000. 159 City of Temecula Capital Improvement Program Fiscal Year 2014-18 GLOSSARY OF TERMS (continued) Construction Engineering — Engineering work during the construction process that ensures projects are constructed in accordance with design parameters and specifications. The primary construction engineering functions are construction inspections, laboratory services, field surveys and design plan updates or interpretations. Contingency — A budgetary reserve set-aside for emergency or unanticipated expenditures. Contractual Services — Contracts for professional services. Core Value: The Quality of Life Master Plan (QLMP) provides the framework for the City's Strategic Budgeting activities. The City Council has set priorities and guided staff in developing six (6) Core Values upon which to focus time and resources (as identified in the QLMP). These areas include: 1. Healthy and Livable City 2. Economic Prosperity 3. A Safe and Prepared Community 4. A Sustainable City 5. Transportation Mobility and Connectivity 6. Accountable and Responsive City Government Department — An organizational unit comprised of programs and program managers. A single director manages each department. Encumbrances — An amount of money committed for the payment of goods and services not yet received or paid for. Expenditures — Decreases in net current assets. Fiscal Year — The period designated by the City signifying the beginning and ending period for recording financial transactions. The City of Temecula has a fiscal year of July 1 through June 30. Fund — An accounting entity with a set of self -balancing accounts recording revenues and expenditures and transactions for specific activities. Fund Balance — The difference between the assets (revenues and other resources) and liabilities (expenditures incurred or committed to) for a particular fund. Future Years — The intent of the future period is to project out to ten (10) years, projects that are anticipated by staff and the City Council that will ultimately have a very large impact on the City and surrounding area. General Fund — Accounts for tax and other general fund revenues (e.g., sales taxes, property taxes, fines and forfeitures, investment interest, etc.) and records the transactions of general governmental services (e.g., police, fire, library, parks and recreation, public service, etc.). Goals — The desired result of accomplishments within a given time frame, usually a fiscal year. Grants — Contributions or gifts of cash or other assets from another government to be used or expended for a specified purpose. 160 City of Temecula Capital Improvement Program Fiscal Year 2014-18 GLOSSARY OF TERMS (continued) Objectives — The necessary steps to achieve a desired goal. Operations & Maintenance — Office supplies and other materials used in the normal operations of City departments. Includes items such as books, maintenance materials, and contractual services. Organization — A unit of operation having specific responsibilities and duties and collectively form an Agency. The terms organization and division is used interchangeably throughout the budget document (i.e., Accounting Organization, Traffic Division, etc.). Resources — Total amounts available for appropriation including estimated revenues, fund transfers, and beginning balances. Revenues — The yield of taxes and other sources of income that a governmental unit collects and receives for public use. Special Assessment — A compulsory levy made against certain properties to defray all or part of the cost of a specific capital improvement or service deemed to benefit primarily those properties. Taxes — Compulsory charges levied by a government to finance services performed for the common benefit. This term does riot include specific charges made against particular persons or property for current or permanent benefits, such as special assessments; nor does the term include charges for services rendered only to those paying such charges (i.e., sewer service charges). Transfers In/Out — Payments from one fund to another fund primarily for work or services provided. Unspecified — Funds that have riot been identified for various proposed projects. 161 City of Temecula INDEX Capital Improvement Program Fiscal Year 2014-18 Page No. Abbott Corporation Roadway Improvements 47 Affordable Housing 155 Bike Lane and Trail Program 79 Butterfield Stage Road Extension 49 Children's Museum Enhancement Project 129 City Facilities Rehabilitation 81 Citywide Sidewalks 83 Citywide Storm Drain Improvements 85 Daisen Garden and the "Singing in the Rain" Statue Enhancements at the Temecula Duck Pond 131 Developer Reimbursements 87 Facility Improvements / Enhancements / Expansions 89 Fiber Optic Connection Mary Phillips Senior Center and Temecula Valley History Museum 91 Fire Station 73 Living Quarters Upgrade 93 Fire Station Roripaugh Ranch Site — Phase II 95 Flashing Beacons and Speed Advisory Signs 51 Flood Control Channel Reconstruction and Repair 133 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I 53 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase II 55 Interstate -15 / State Route 79 South Ultimate Interchange 57 Library Parking - Phase II 97 Main Street Bridge Over Murrieta Creek (Replacement) 59 Medians and Ornamental Pedestrian Barriers -Citywide 99 Medians and Parkways — Citywide 61 Murrieta Creek Bridge and Overland Drive Extension to Diaz Road 63 Murrieta Creek Improvements 101 Neighborhood Park Security Lighting 135 162 City of Temecula Capital Improvement Program Fiscal Year 2014-18 INDEX (continued) Page No. Old Town Public Art 103 Old Town Sidewalk Rehabilitation 105 Open Space Acquisition Program 107 Parks Improvement Program 137 Patricia H. Birdsall Sports Park Synthetic Turf Enhancement 139 Pavement Rehabilitation Program — Citywide 65 Pavement Rehabilitation Program — Winchester Road 67 Pechanga Parkway Environmental Mitigation 109 Playground Equipment Enhancement and Safety Surfacing 141 Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 143 Sam Hicks Monument Park Playground Replacement 145 Santa Gertrudis Creek Pedestrian / Bicycle Trail Extension and Interconnect 111 Senior Citizen Outdoor Fitness Lot 147 Special Needs Playground 149 Teen / Young Adult Village 113 Temecula City Entry Monumentation 115 Temecula Community Center Renovation 117 Temecula Park and Ride 119 Temecula Valley Entrepreneur's Exchange 121 Tennis Court Lighting — Great Oak High School 151 Theater Remediation 123 Traffic Signal Equipment Replacement Program — Citywide 69 Traffic Signal Installation - Citywide 71 Traffic Signal Interconnect Equipment Installation 73 Western Bypass Bridge Over Murrieta Creek 75 YMCA Repair and Remediation 125 163 164 City of Temecula Capital Improvement Program Fiscal Years 2012-2016 Major Capital Improvement Projects Circulation Projects Map No. Page No. Description 1 49 Butterfield Stage Road Extension 2 53 French Valley Pkwy / 1-15 Overcrossing and Interchange Improvements - Phase 1 3 55 French Valley Pkwy / 1-15 Overcrossing and Interchange Improvements - Phase 11 4 57 Interstate -1 5 / State Route 79 South Ultimate Interchange 5 59 Main Street Bridge Over Murrieta Creek 65 Pavement Rehabilitation Program - Citywide 6 Rancho California Road (Jefferson Avenue to Ynez Road) 7 Winchester Road (Jefferson Avenue to Ynez Road) 8 Ynez Road (Jedediah Smith to Vallejo Ave) All Other Projects Map No. Page No. Description 155 Affordable Housing 83 Citywide Sidewalks 1 117 Temecula Community Center Renovation 2 123 Theater Remediation 3 129 Children's Museum Enhancement 4 145 Sam Hicks Monument Park Replacement 5 149 Special Needs Playground All Other Projects ® Circulation Projects Santa Margarita Ecological Reserve Boundary REQUESTS TO SPEAK City Council Meeting 06/11/13 Date REQUEST T6 SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. J(,(�pJ()2/ Subject I wish to speak on Agenda Item No. For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name. Phone: .*) Address: City/State/Zip 10/1/4.,("0„,14 If you are representing an organization or group, please give the name: Date Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. 73 I wis to speak on Agenda Item No. PA if L ryyj( ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record. 1 inform ion provided is optional. �;� Name: Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerkk, The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date ‘/ A3 Pub c -- I wish to speak on Agenda Item No. C-0/1^ i Subject For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Gi U l J;C i) S Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: 3 Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. - ii --a0/ I wish to speak on Agenda Item No. Subject nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: S/-fr9 `--"A Ge,a )' Phone: Address: City/State/Zip li 2'L l.),3rile 2c.0,5 -7`7 - If ' '57 If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date CI) I 2.a( 1 Subject ,a P-71 I wish to speak on Agenda Item No. 5 nFor 7 Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. / ( Name: Phone: - Address: City/State/Zip 2 7 If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. tA IA -3 I wish to speak on Agenda Item No. Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record 1 ---�All information provided is optional. Name: FC, V I JD•' c, D k Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date REQUEST T6 SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. X1/15 Subject nFor Against Public Comment I wish to speak on Agenda Item No. S Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: 3 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 61/- / /3 I wish to speak on Agenda Item Nq// 37-7Le/e,s Subject nFor Against nPublic Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. z Name: �! 1• 4)/,7L Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Datet //// A3 Subject I wish to speak on Agenda Item No./5- /?'‘Y i. F o./5- nFor n Against 0 Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Z7te Q/,74 Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date 6/n7/ // REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. SG•r✓,"t-e,S I J tQTY;(-) Subject nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: rick) Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. c////--3 Subject I wish to speak on Agenda Item No./CS/ 7 6rn fiP nFor n Against ri Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: t, ZJ/t r! - Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date' 1,/(4-Q/ l26 (� l Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. I wish to speak on Agenda Item No. Name: Address: Phone: .- City/State/Zip [f you are representing an organization or group, please give the name: 3 Date // REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. /3 Subject /!4 nFor n Against Public Comment I wish to speak on Agenda Item No. Z Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Z,Ji( Name: Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date Subject For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information proyidpd is optional. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. Name: Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No L' e ,A4 Date 6�i / /3 Subject j ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: /ZA i �. 4_u , Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. /Please go to the public podium and state your name for the record. Date 4, / (/% I wish to speak on Agenda Item No,�C% Subject �l ❑ For ❑ Against n Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: /eoft 4)Ir Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date ‘A)/2) I wish to speak on Agenda Item No. 3 I Subject nFor Against Public Comment Please note that all information presented at a City Council meeting becomes public record. T I A11 information provided is optional. Name: FG } U I �/ G� �o o Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: