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021114 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 11, 2014 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 14-01 Resolution: 14-09 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Makayla 0 'Sullivan Invocation: Pastor Mel Cratsley of Grace Fellowship Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. 1 CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of January 28, 2014. 3 List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- 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 December 31, 2013 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of December 31, 2013. 2 5 Approval of the Possession and Use Agreement for Portion of Assessor's Parcel Number 921-480-032 to construct the Overland Drive Extension Project, PW00-26 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED POSSESSION AND USE AGREEMENT BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00-26 5.2 Authorize the Finance Director to issue warrants for the sums of $91,847 plus escrow fees for deposit with Escrow Holder First American Title Insurance Company to complete the transaction (escrow fees are estimated not to exceed $15,000); 5.3 Authorize the City Manager to approve and execute any documents necessary to effectuate the terms of the Possession and Use Agreement, and to take all necessary actions to complete the transaction contemplated pursuant to said Agreement, including without limitations, all escrow instructions. 6 Professional Services Agreement for the Design of the Flood Control Channel Reconstruction and Repair Project, PW 11-10 RECOMMENDATION: 6.1 Approve an Agreement with CWE, in the amount of $94,816, for the design of the Flood Control Channel Reconstruction and Repair Project, PW11-10; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $9,480, which is 10% of the agreement amount. ******************** 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 ******************** 3 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 14-01 Resolution: No. CSD 14-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 7 Action Minutes RECOMMENDATION: 7.1 Approve the action minutes of January 28, 2014. 8 Sponsorship Agreement with the American Heart Association, Inc. for the Women's Heart Health Awareness Event (at the request of Mayor Edwards) RECOMMENDATION: 8.1 That the Board of Directors approve the Sponsorship Agreement with the American Heart Association, Inc., for use of the Conference Center and Council Chambers venue, and in-kind staff and marketing services, for the February 20, 2014 Women's Heart Health Awareness event and a follow up health event to be held in May or June of 2014. 4 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 25, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 5 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 9 Municipal Code Amendments (Long Range Planning Project No. LR13-0007) RECOMMENDATION: 9.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR POLICY CHANGES AND CLARIFICATIONS AND CORRECTING TYPOGRAPHICAL ERRORS REGARDING: (1) THE DEFINITION OF A CATTERY; (2) THE DEFINITION OF SMOKING TO INCLUDE E -CIGARETTES; (3), ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS; (4) REVISING PROCEDURES FOR ZONING APPEALS; REVISING PROCEDURES FOR EXTENSIONS OF TIME FOR TENTATIVE MAPS; (4) DESCRIPTIONS FOR RESIDENTIAL DISTRICTS; (5) AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS; (6) USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO -4; (7) BICYCLE PARKING REQUIREMENTS; (8) STANDARDS FOR PERMANENT WALL SIGNS; (9) CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS; (10) MAKING OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE; AND (11) DETERMINING THAT THE ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES 10 Municipal Code Amendment to Chapter 12.08 regulating taxicab services with the City of Temecula (Long Range Planning Project No. LR13-0011) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS 6 10.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS 11 Approval of levying an Assessment against Lodging Businesses within the Temecula Valley Tourism Business Improvement District (TVTBID) for Fiscal Year 2014-15 RECOMMENDATION: Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 11.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the levy of the District; 11.3 If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2014-2015 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, February 25, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 7 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 28, 2014 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Chaparral High School 2014 Musical "Jesus Christ Superstar" Cast Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Certificates of Achievement presented to Temecula Valley Pop Warner Golden Grizzlies Presentation of Service Award - Gary Watts (5 year) Temecula Valley Hospital Update — Darlene Wetton, CEO PUBLIC COMMENTS The following individual addressed the City Council: • Charles Rear CITY COUNCIL REPORTS CONSENT CALENDAR 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 Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 012814 1 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 2.1 Approve the action minutes of January 14, 2014. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 First Amendment to Agreement for Police Motorcycle Repair and Maintenance — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 4.1 That the City Council approve the First Amendment to the Agreement with Temecula Motorsports, Inc., in the amount of $25,000, for Police Motorcycle Repair and Maintenance, bringing the total Fiscal Year 2013-14 contract amount to $55,000. 5 Approval of the Fiscal Year 2014-15 Temecula Valley Tourism Business Improvement District (TVTBID) Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2014-15 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 5.1 Adopt a resolution entitled: Action Minutes 012814 2 RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ANNUAL REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2014-15 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 5.2 Adopt a resolution entitled: RESOLUTION NO. 14-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2014-15 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 6 Special Tax Consulting Services — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 6.1 That the City Council approve an Agreement with Albert A. Webb Associates, in the amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. 7 2014 Workers' Compensation Coverage Annual Renewal — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 7.1 That the City Council approve the insurance policy renewal for Workers' Compensation Coverage with Travelers Property Casualty Company of America, in the amount of $289,339, for the period of February 1, 2014 to February 1, 2015. Action Minutes 012814 3 8 Sponsorship Agreement with the Rotary Club of Temecula for the "Taste of the World" event — March 21, 2014 (at the request of Council Member Washington) — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 8.1 That the City Council approve a City Sponsorship Agreement to provide in-kind marketing for the Rotary Club of Temecula "Taste of the World" event. 9 Acceleration of AB 2766 Appropriations from Fiscal Year 2014-15 for Temecula Park and Ride, PW06-09 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 9.1 That the City Council approve the acceleration of AB 2766 appropriations, in the amount of $564,175, from Fiscal Year 2014-15 for the Temecula Park and Ride Project, PW06-09. 10 Acceptance of Improvements and Notice of Completion for Fire Station 84 Roof Replacement, PW13-01 —Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 10.1 Accept the construction of Fire Station 84 Roof Replacement, PW 13-01, as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. RECESS At 7:29 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 8:33 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Action Minutes 012814 4 14 Long Range Planning Project No. LR12-0012, a statutory update of the City of Temecula General Plan Housing Element — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2014-2021 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR12-0012) AND APPROVAL OF A NEGATIVE DECLARATION UNDER CEQA FOR THE HOUSING ELEMENT By way of a Power Point presentation, Associate Planner, Dana Weaver presented the staff report as per agenda material. CITY COUNCIL BUSINESS 15 Tract Map 23103-2 (located at the northwest corner of Chemin Clinet and Butterfield Stage Road) — Approved Staff Recommendation 15.2 (2-1-2) Council Member Roberts made the motion; it was seconded by Mayor Edwards; and electronic vote reflected approval by Mayor Edwards and Council Members Roberts; Council Member Comerchero Abstained; Council Members Naggar and Washington left the Chambers during the consideration of Staff Recommendation 15.2 and did not participate in this item. Prior to the consideration of Staff Recommendation 15.2 the City Clerk randomly selected Council Member Comerchero to participate in consideration of this Item in accordance with Section 18708 of the Fair Political Practices Commission's Regulations. The City Attorney provided a detailed report at the time the item was called describing the conflict of interest and the procedures for random selection of a Council Member to meet the quorum requirement. For conflict of interest purposes, Council Members Comerchero, Naggar and Washington were deemed to have an economic interest in the Europa Vineyards Project located across Butterfield Stage Road and within 500 feet of Tract 23103 due to other investments they have in limited liability companies in which the managing member is also the managing member of Temecula Vineyard Estates LLC that owns and will develop Europa Vineyard Estates as well as Council Member Comerchero's position as President of the Rancon Group and that he will receive income for Lennar Homes Inc. during this year. The City Attorney also referenced the Advice Letter from the Fair Political Practices Commission analyzing these conflicts of interest. State Law requires a quorum of three City Council Members be present to conduct business. Fair Political Practices Commission Regulation 18708 allow for one of the disqualified members to be randomly selected to participate in order to make the required quorum. The specific procedures followed by the City Clerk were described in the Agenda Report for this Item and the Advice Letter from the Fair Political Practices Commission and the City Attorney's request for that Advice Letter were attachments to the Agenda Report. Action Minutes 012814 5 • Wayne Hall addressed the Council on Item 15 regarding the random selection process prior to the City Clerk's selection. RECOMMENDATION: 15.1 Prior to the consideration of the Final Map for Tract 23103-2, the Subdivision Improvement Agreement and Monument Agreement, the Acting City Clerk shall randomly select Council Member Comerchero, Council Member Naggar, or Council Member Washington to participate in the consideration and decision of Recommendations for Tract 23103-2 in order to achieve a quorum, following the procedures of Section 18708 of the Fair Political Practices Commission Regulations, due to conflicts of interests; 15.2 Following completion of the random selection process, that the City Council consider and act on the following recommended actions with the randomly selected Council Member as a member of the quorum: a. Approve Tract Map 23103-2 in conformance with the Conditions of Approval; b. Approve the Subdivision Improvement Agreement for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bond and the Labor and Materials Bond as security for the Agreement; c. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 Public Works Department Monthly Reports 18 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was nothing to report. Action Minutes 012814 6 ADJOURNMENT At 7:58 P.M., the City Council meeting was formally adjourned to Tuesday, February 11, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] Action Minutes 012814 7 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Finance Director February 11, 2014 List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant That the City Council adopt a resolution entitled: RESOLUTION NO. 14- 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. 14- 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 $2,978,605.67. 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 February, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of February, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk CITY OF TEMECULA LIST OF DEMANDS 01/16/2014 TOTAL CHECK RUN $ 1,970,289.36 01/23/2014 TOTAL CHECK RUN 608,541.96 01/16/2014 TOTAL PAYROLL RUN: 399,774.35 TOTAL LIST OF DEMANDS FOR 02/11/2014 COUNCIL MEETING: $ 2,978,605.67 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 895,286.88 135 BUSINESS INCUBATOR RESOURCE 675.32 140 COMMUNITY DEV BLOCK GRANT 5,414.26 165 SARDA AFFORDABLE HOUSING 5,626.19 170 MEASURE A FUND 26,234.19 190 TEMECULA COMMUNITY SERVICES DISTRICT 171,532.46 192 TCSD SERVICE LEVEL B 78,103.21 194 TCSD SERVICE LEVEL D 1,786.97 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 12,466.63 197 TEMECULA LIBRARY FUND 43,718.61 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,160,851.87 300 INSURANCE FUND 3,048.67 320 INFORMATION TECHNOLOGY 42,323.25 330 SUPPORT SERVICES 11,019.31 340 FACILITIES 18,047.14 375 SUMMER YOUTH EMPLOYMENT PROGRAM 183.31 380 SARDA DEBT SERVICE FUND 4,203.68 501 SERVICE LEVEL"OZONE 1 SADDLEWOOD 1,987.19 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,579.83 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,711.25 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 260.81 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,698.98 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 878.88 507 SERVICE LEVEL"OZONE 7 RIDGEVIEW 830.47 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,325.59 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 105.18 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 345.42 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 76.42 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,586.25 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,262.74 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 645.34 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 594.56 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 3,126.44 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 85.30 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,016.00 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,288.75 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 37,485.90 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 12,167.21 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 211.39 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 257.68 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 6,090.94 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,839.50 526 SERVICE LEVEL"OZONE 26 GALLERYTRADITION 54.80 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 302.69 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 9,364.42 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 129.44 $ 2,578,831.32 CITY OF TEMECULA LIST OF DEMANDS 01/16/2014 TOTAL CHECK RUN 01/23/2014 TOTAL CHECK RUN 001 GENERAL FUND $ 254,453.72 140 COMMUNITY DEV BLOCK GRANT 1,699.47 165 SARDA AFFORDABLE HOUSING 5,285.13 190 TEMECULA COMMUNITY SERVICES DISTRICT 87,858.68 192 TCSD SERVICE LEVEL B 246.90 194 TCSD SERVICE LEVEL D 2,111.59 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 449.10 197 TEMECULA LIBRARY FUND 1,005.45 300 INSURANCE FUND 4,081.66 320 INFORMATION TECHNOLOGY 22,565.36 330 SUPPORT SERVICES 6,920.45 340 FACILITIES 9,880.65 375 SUMMER YOUTH EMPLOYMENT PROGRAM 917.17 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 84.44 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 56.62 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 67.29 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.26 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 136.45 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.74 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 35.02 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 231.55 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.40 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.68 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.17 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 154.58 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.95 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.06 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.66 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.43 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.38 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 143.17 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76.65 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 207.64 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 351.41 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.42 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.21 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 197.55 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 63.70 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.98 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.21 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 291.34 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.06 $ 1,970,289.36 608,541.96 399,774.35 TOTAL BY FUND: $ 2,978,605.67 apChkLst Final Check List Page: 1 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2347 01/16/2014 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 2348 01/16/2014 000246 PERS (EMPLOYEES' PERS ER PAID MEMBER CONTR RETIREMENT) PAYMENT 2349 01/16/2014 001065 NATIONWIDE RETIREMENT SOLUTION 2350 01/16/2014 000283 INSTATAX (IRS) 2351 01/16/2014 000444 INSTATAX (EDD) 2352 01/16/2014 000194 I C M A RETIREMENT -PLAN 303355 2353 01/16/2014 000389 NATIONWIDE RETIREMENT SOLUTION 2354 01/16/2014 003577 CALIF STATE BOARD OF 162390 01/09/2014 015962 SIEGEL, JEFFREY 162391 01/16/2014 007186 AB MAILING SOLUTIONS 162392 01/16/2014 015031 ABOVE ALL NAMES CONSTRUCTION Amount Paid Check Total 1,559.06 1,559.06 142, 981.64 142, 981.64 NATIONWIDE RETIREMENT PAYMENT 11,568.62 11,568.62 FEDERAL INCOME TAXES PAYMENT 74,275.11 74,275.11 STATE DISABILITY INS PAYMENT 21,192.38 21,192.38 I C M A RETIREMENT TRUST 457 5,020.88 5,020.88 PAYMENT OBRA - PROJECT RETIREMENT 2,052.00 2,052.00 PAYMENT SALES & USE TAX RETURN: JAN -DEC 5,904.00 5,904.00 '13 Performance:theater 1/11/2014 4,650.00 4,650.00 mailing svcs:business license renewal 1,377.84 1,377.84 Dec citywide concrete repairs:pw cip 26,234.19 26,234.19 162393 01/16/2014 004802 ADLERHORST INTERNATIONAL NOV TRAINING & SUPPLIES:POLICE 283.34 INC K-9 UNIT DEC TRAINING & SUPPLIES:POLICE K-9 283.34 162394 01/16/2014 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 170.00 162395 01/16/2014 006915 ALLIE'S PARTY EQUIPMENT rentals:Winter Wonderland 2013 9.63 Rentals: Winterfest 2013 1,272.03 RENTALS:COMMUNITY HOLIDAY DINNEI 311.62 162396 01/16/2014 012943 ALPHA MECHANICAL SERVICE replace hvac compressor: theater 1,799.93 INC 162397 01/16/2014 013015 ALWAYS RELIABLE replace backflow: history museum BACKFLOW 566.68 170.00 1,593.28 1,799.93 274.00 274.00 Pagel apChkLst Final Check List Page: 2 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162398 01/16/2014 016065 AMERICAN DIGITAL CORPORATION (Continued) Description Amount Paid Check Total ADC ENTERPRISE MANAGED IT SVCS 9,000.00 ADC engineering svcs:IT 444.00 ADC engineering svcs:IT 162399 01/16/2014 004240 AMERICAN FORENSIC NURSES NOV DUI & DRUG (AFN) SCREENINGS:POLICE DEC DUI & DRUG SCREENINGS:POLICE NOV DUI & DRUG SCREENINGS:POLICE Jan Stand by fee:Police 162400 01/16/2014 001587 AMERICAN PUBLIC WORKS 3/1/14-2/28/15 MEMBERSHIP:BUTLER, ASSN. G. 888.00 10,332.00 296.66 496.18 695.70 1,248.00 2,736.54 217.50 217.50 162401 01/16/2014 013950 AQUA CHILL OF SAN DIEGO water filter sys maint:finance 27.00 27.00 162402 01/16/2014 004307 ARCH CHEMICALS, INC. DEC WATER MAINT:HARV LAKE/DUCK 3,900.00 3,900.00 POND 162403 01/16/2014 004262 BIO-TOX LABORATORIES OCT-NOV DUI & DRUG 1,576.00 SCREENINGS:POLICE NOV DUI & DRUG SCREENINGS:POLICE 1,156.40 2,732.40 162404 01/16/2014 014284 BLAKELY'S TRUCK SERVICE VEH & EQUIP REPAIRS:PW STREET 967.64 MAINT VEH & EQUIP REPAIRS:PW STREET MAI 114.80 1,082.44 162405 01/16/2014 006908 C C & COMPANY INC BAL.:PERFORMANCE:WINTERFEST 412.50 2013 BAL.:PERFORMER:CHRISTMAS TREE LI( 112.50 BAL.:PERFORMANCE:WINTERFEST 201: 1,000.00 BAL.:PERFORMANCE:WINTERFEST 201: 1,850.00 3,375.00 162406 01/16/2014 000154 C S M F 0 2014 CSMFO Mbrshp renewal:RG 110.00 2014 CSMFO Mbrshp renewal:PB 110.00 220.00 162407 01/16/2014 016560 C W DEVELOPMENT INC refund:sec dep:rm rental:Harveston 200.00 200.00 162408 01/16/2014 003138 CAL MAT asphalt material:citywide street repairs 224.56 asphalt material:citywide street repairs 524.13 asphalt material:citywide street repairs 988.28 1,736.97 162409 01/16/2014 000484 CALIF ASSN FOR LOCAL eco dev trng symposium:CK,CD 2/5 100.00 100.00 ECONOMIC 162410 01/16/2014 005321 CALIF ASSOC OF CODE 2014 CACEO mbrshps:DB,MC,TC,SL 300.00 300.00 162411 01/16/2014 004228 CAMERON WELDING SUPPLY balloon blower:TCSD 5.40 Helium tanks rental/refill:TCSD 63.80 69.20 162412 01/16/2014 016561 CARTER, SHELLEY refund:sec dep:rm rental:Harveston 200.00 200.00 Page2 apChkLst Final Check List Page: 3 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 162413 01/16/2014 016554 CCK BUILDERS INC refund:eng grad dep:LD13-014GR 162414 01/16/2014 005311 CERTIFIED POOL WATER SPCL. DEC WATER FOUNTAIN MAINT:CIVIC CTR DEC SWIMMING POOL MAINT SVCS: CRI DEC FOUNTAIN MAINT:TOWN SQUARE Amount Paid Check Total 61,874.00 61,874.00 550.00 1,025.00 350.00 1,925.00 162415 01/16/2014 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 182.77 182.77 TRUSTEE 162416 01/16/2014 000137 CHEVRON AND TEXACO City vehicles fuel:Police 2,169.52 2,169.52 162417 01/16/2014 005417 CINTAS FIRST AID & SAFETY FIRST-AID KIT SUPPLIES:CIVIC 99.00 99.00 CENTER 162418 01/16/2014 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 44.00 44.00 CHARITIES PAYMENT 162419 01/16/2014 016563 CORREA, TERESA refund: high hopes program: 6050.101 20.00 20.00 162420 01/16/2014 014521 COSTAR GROUP INFORMATION, INC 162421 01/16/2014 004329 COSTCO TEMECULA #491 162422 01/16/2014 010650 CRAFTSMEN PLUMBING & HVAC INC 162423 01/16/2014 003561 D F M ASSOCIATES 162424 01/16/2014 001233 DANS FEED & SEED INC 162425 01/16/2014 001393 DATA TICKET, INC. 162426 01/16/2014 015535 DEMARCO, ROSALIE JAN WEB SUBSCRIPTION:ECO DEV misc supplies:human services STATION REPAIR & MAINT: STA 92 380.02 380.02 122.40 122.40 253.74 hvac motors: old town sound boxes 340.00 repair front entry sidewalk:JRC bldg 1,400.00 repair concrete steps:harveston lake 500.00 facility imprvmnts:jrc/41375 mccabe 5,375.00 REPLACE URINAL & DRAIN LINE: FOC 1,407.73 TENANT IMPRVMTS:41375 MCCABE (JR( 18,875.24 svc to repair pool drain: t.e.s. pool 800.00 28,951.71 2014 Election code:city clerk 108.00 108.00 misc maint supplies: pw maint div 82.40 82.40 NOV PARKING CITATION 1,667.70 1,667.70 PROCESSING:POLICE TCSD Instructor Earnings 105.00 105.00 Page:3 apChkLst Final Check List Page: 4 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162427 01/16/2014 003945 DIAMOND ENVIRONMENTAL SRVCS 162428 01/16/2014 004192 DOWNS COMMERCIAL FUELING INC 162429 01/16/2014 002390 EASTERN MUNICIPAL WATER DIST (Continued) Description PORTABLE RESTROOM SVCS:VAR PARKS PORTABLE RESTROOM SVCS:VAR PARI PORTABLE RESTROOM SVCS:VAR PARI PORTABLE RESTROOM SVCS:VAR PARI PORTABLE RESTROOM SVCS:VAR PARI Amount Paid Check Total 52.80 52.80 52.80 52.80 52.80 Fuel for city vehicles:Police 26.74 Fuel for city vehicles:B&S FUEL FOR CITY VEHICLES:PW MAINT,TC Fuel for city vehicles:B&S Fuel for city vehicles:code enf Fuel for city vehicles:pw maint,tcsd,b&s Fuel for city vehicles:PW Traffic Fuel for city vehicles:PW Ind dev Fuel for city vehicles:Police Fuel for city vehicles:TCSD Fuel for city vehicles:PW Maint FUEL FOR CITY VEHICLES:PW CIP/NPDE 311.46 1,932.04 209.80 80.38 911.78 110.05 67.13 25.15 82.74 733.53 233.15 Dec water meter:32131 S Loop DCDA 51.00 264.00 4,723.95 Dec water meter:32131 S Loop LDSC 130.16 Dec water meter:32131 S Loop bldg 103.12 284.28 162430 01/16/2014 004829 ELLISON WILSON ADVOCACY JAN STATE LEGIS CONSULTING SVCS: 3,500.00 3,500.00 LLC CM OFC 162431 01/16/2014 011203 ENVIRONMENTAL CLEANING DEC JANITORIAL SVCS:VAR PARK FACILITIES 5,265.00 5,265.00 162432 01/16/2014 001056 EXCEL LANDSCAPE INC Idscp improvements:vail ranch slope 960.00 irrigation repair: vintage hills slope 332.03 IRRIGATION REPAIR SVCS:VAIL RANCH 222.88 Idscp planter repair: civic center 199.80 irrigation repair srvcs:vail ranch slope 162.85 1,877.56 162433 01/16/2014 009953 FEDERAL CLEANING Jan janitorial svcs:police mall 761.50 761.50 CONTRACTORS 162434 01/16/2014 000165 FEDERAL EXPRESS INC Dec Express mail services 191.20 191.20 162435 01/16/2014 004074 FRANCHISE MGMT SERVICES SUPPLIES:HIGH HOPES PROGRAM 141.83 141.83 INC 162436 01/16/2014 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 479.93 479.93 162437 01/16/2014 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 135.00 135.00 Page:4 apChkLst Final Check List Page: 5 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 162438 01/16/2014 016436 FRICK, TRACY Reimb:misc supplies:photo archives 59.99 59.99 162439 01/16/2014 010326 G E MOBILE WATER, INC WATER FILTRATION PARTS: STA 73 95.04 95.04 162440 01/16/2014 013076 GAUDET, YVONNE M. TCSD instructor earnings 465.50 465.50 162441 01/16/2014 016406 GILDER LEHRMAN INSTITUTE, SHIPPING:MANY FACES OF G 1,000.00 1,000.00 THE WASHINGTON 162442 01/16/2014 000177 GLENNIES OFFICE PRODUCTS MISC OFFICE SUPPLIES: ADMIN/84 707.70 707.70 INC 162443 01/16/2014 004890 GOLDEN STATE FIRE PROTECTION 162444 01/16/2014 009608 GOLDEN VALLEY MUSIC SOCIETY 162445 01/16/2014 016552 GONZALES, MARK ALLEN 162446 01/16/2014 000175 GOVERNMENT FINANCE OFFICERS 162447 01/16/2014 003792 GRAINGER auto fire sprinkler alarm maint:foc 725.00 auto fire sprinkler alarm maint:mpsc 725.00 AUTO FIRE SPRINKLER ALARM MAINT:T 725.00 fire sprink alarm sys maint:crc 725.00 FIRE SPRINK ALARM SYS MAINT: CITY I- 725.00 AUTO FIRE SPRINKLER ALARM MAINT:C 725.00 4,350.00 2nd install pmt:theater procurement 10,800.00 10,800.00 special needs visual arts prgrm 315.00 315.00 '14 GFOA MB: PB/RG/RC/HS 840.00 credit billing adj:cancel mbr #300188495 -210.00 630.00 EMERGENCY SUPPLIES: CERT TEAM 415.57 415.57 162448 01/16/2014 003592 GRANITE CONSTRUCTION OCT CONST:MAIN STREET BRIDGE 780,130.22 COMPANY REPLACEMENT NOV CONST:MAIN STREET BRIDGE REP 306,096.65 1,086,226.87 162449 01/16/2014 014402 GROEPPER, BROOKE TCSD instructor earnings 157.50 ELIZABETH TCSD instructor earnings 21.00 178.50 162450 01/16/2014 016558 HARLEY SEANEZ, IRASEMA refund:sec dep:rm rental:Harveston 150.00 150.00 162451 01/16/2014 015833 HARRIS STEEL FENCE CO, INC. 162452 01/16/2014 001135 HEALTHPOINTE MEDICAL GROUP INC credit:Nov CRC picket fence replace. -32,300.00 NOV CRC PICKET FENCE REPLACEMEN 71,725.00 39,425.00 DEC EMP INDUSTRIAL CARE SVCS:HR 1,070.00 1,070.00 Page:5 apChkLst Final Check List Page: 6 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 162453 01/16/2014 001013 HINDERLITER DE LLAMAS & 4th qtr cnslt svcs: sales tax ASSOC 162454 01/16/2014 003624 HOWELL, ANN MARIE GRAPHIC DESIGN SVCS:CM,ECO DEV,FINANCE 162455 01/16/2014 004984 INDEPENDENT ROOFING OCT-NOV ROOF CONSULTING:PW CONSULTANT FIRE STN 84 162456 01/16/2014 013695 INLAND EMPIRE SHRED IT 162457 01/16/2014 014631 LASD VOLUNTEER ASSOCIATION Amount Paid Check Total 8,058.11 8,058.11 3,195.00 3,195.00 4,300.00 4,300.00 shred services:Police 12/30 15.00 15.00 law enf. volunteer conf 2/15:DK, HH 50.00 50.00 162458 01/16/2014 004905 LIEBERT, CASSIDY & adv retirement wkshp:IG 1/29 55.00 55.00 WHITMORE 162459 01/16/2014 013443 MIDWEST TAPE LLC Temecula Library: A/V collections 42.11 Temecula Library: A/V collections 43.19 85.30 162460 01/16/2014 003964 OFFICE DEPOT BUSINESS SVS Office supplies:HR Dept 47.93 DIV Office supplies:HR Dept 145.86 193.79 162461 01/16/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:TCSD 545.42 545.42 162462 01/16/2014 013127 ON STAGE MUSICALS Just Like T.H.A.T. 1/12 162463 01/16/2014 016553 PACIFIC DEVELOPMENT GROUP II 162464 01/16/2014 015033 PACIFIC MUNICIPAL 6,726.24 6,726.24 refund:eng grad dep:LD12-019MP 3,000.00 refund:eng grad dep:LD12-071GR 50,000.00 NOV CONSULTING SRVCS:HOUSING 416.99 CONSULTANTS ELEMENT 162465 01/16/2014 014273 PARAGON PARTNERS LTD Acquisition serv:french valley pkwy 105.00 Relocation services:Murr.Crk 162466 01/16/2014 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT INC 162467 01/16/2014 011549 POWER SPORTS UNLIMITED Veh repair & maint:Temecula Police 162468 01/16/2014 005075 PRUDENTIAL OVERALL SUPPLY DEC FLR MTS/TWL RENTALS/UNIFORMS:VAR FAC DEC FLOOR MATS/TOWEL RENTALS:VA 53,000.00 416.99 459.67 564.67 37.75 37.75 297.87 297.87 1,051.57 771.35 1,822.92 Page:6 apChkLst Final Check List Page: 7 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162469 01/16/2014 000262 RANCHO CALIF WATER DISTRICT (Continued) Description Amount Paid Check Total Dec var water meters:PW-CIP 1,141.35 Dec various water meters:Fire 569.10 Dec 01-06-99000-14 28640 Pujol St 8.28 Dec var Water Meters:facility 2,988.69 Dec var water meters:PW 912.49 Dec var water meters:TCSD svc ley C 9,721.84 Dec var water meters: PW 845.63 16,187.38 162470 01/16/2014 005383 RANCHO SPRINGS MEDICAL Dec assault exams:temecula police 900.00 900.00 CENTER 162471 01/16/2014 016562 RED SOLAR refund:bldg fees:B13-2205 73.80 73.80 162472 01/16/2014 016559 REDHAWK PAVILION LLC refund:bldg fees:B13-1547 1,327.31 1,327.31 162473 01/16/2014 015265 RICHMOND AMERICAN HOMES refund:eng grad dep:LD10-016GR 50,000.00 50,000.00 162474 01/16/2014 000418 RIVERSIDE CO CLERK & Record notary bond: G. Flores 62.00 62.00 RECORDER 162475 01/16/2014 000406 RIVERSIDE CO SHERIFFS Int. Trf. Collision Invest. 2/3-7 J. 221.00 221.00 DEPT 162476 01/16/2014 000815 ROWLEY, CATHY TCSD Instructor Earnings 457.32 TCSD Instructor Earnings 333.41 790.73 162477 01/16/2014 015894 SEHI COMPUTER PRODUCTS, HP EliteBook 2570P: info tech 1,186.67 1,186.67 INC. 162478 01/16/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 300.00 300.00 CENTRAL 162479 01/16/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 1/9 493.50 493.50 162480 01/16/2014 000645 SMART & FINAL INC Misc supplies:theater 122.33 122.33 Page:7 apChkLst Final Check List Page: 8 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162481 01/16/2014 000537 SO CALIF EDISON (Continued) Description Dec 2-27-805-3194:42051 Main St Dec 2-02-351-5281 30875 Rancho Vista Dec 2-29-657-2563:42902 Butterfield Dec 2-31-536-3226:28690 Mercedes Dec 2-29-458-7548 41562 Meadows Pkwy Dec 2-20-798-3248 42081 Main St Oct 2-25-350-5119 Redhawk Pkwy ped Dec 2-36-122-7820:31777 De portola rd Dec 2-30-066-2889:30051 R.Vista ped Dec 2-35-403-6337 41375 McCabe Ct Dec 2-30-520-4414 32781 Temecula Pkwy Dec 2-35-576-2634 French Valley Pkwy Dec 2-05-791-8807 31587 Temecula Pkwy Dec 2-10-331-2153 28816 Pujol St Dec 2-01-202-7603 41000 Main St Dec 2-01-202-7330 41000 Main St Dec 2-31-031-2590 28301 Rancho Calif Dec 2-29-974-7899 26953 Ynez Rd LS3 Dec 2-29-479-2981 31454 Temecula Pkwy 162482 01/16/2014 000519 SOUTH COUNTY PEST misc pest control srvcs:hary lake park CONTROL INC 162483 01/16/2014 008337 STAPLES BUSINESS ADVANTAGE Amount Paid Check Total 3,016.95 4,260.75 222.46 1,486.02 374.89 986.77 27.89 26.75 28.71 457.78 1,083.84 200.14 9,254.76 277.77 24, 801.30 77,945.48 24.19 166.31 118.37 136.00 MISC OFFICE SUPPLIES:CRC 40.82 MISC OFFICE SUPPLIES:CRC Misc office supplies:police mall office Misc office supplies:police mall office OFFICE SUPPLIES:HR DEPT misc office supplies: Sta 12 misc office supplies: Sta 73- Supplies:Mary Phillips Senior Center OFFICE SUPPLIES:TVM Misc office supplies:finance Misc office supplies:police old town Misc office supplies:police old town 162484 01/16/2014 003000 STATE WATER RESOURCES Ann'I NPDES MS4 permit fee 162485 01/16/2014 001546 STRAIGHT LINE GLASS replace broken glass:civic center 162486 01/16/2014 003840 STRONGS PAINTING Repair/maint srvcs:Safe Building tenant improvements: 41375 McCabe 162487 01/16/2014 000305 TARGET BANK BUS CARD Misc supplies:skate park SRVCS Misc supplies:crc Misc supplies:harveston center 306.98 137.30 39.50 64.77 39.82 306.35 30.36 71.24 58.07 13.31 205.05 39,974.00 124,761.13 136.00 1,313.57 39,974.00 592.15 592.15 7,400.00 1,000.00 52.80 84.25 8,400.00 129.12 266.17 Page:8 apChkLst Final Check List Page: 9 01/16/2014 1:33:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162488 01/16/2014 010679 TEMECULA AUTO REPAIR/RADIATOR (Continued) Description VEHICLE MAINT & REPAIR: PREVENTION VEHICLE MAINT & REPAIR: PREVENTIOP VEHICLE MAINT & REPAIR: PREVENTIOP Amount Paid Check Total 69.95 69.95 69.95 209.85 162489 01/16/2014 003862 THYSSENKRUPP elevator maint srvcs: parking garage 99.00 99.00 ELEVATOR.BRNCH 37 162490 01/16/2014 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 261.68 261.68 EDUCATION 162491 01/16/2014 000325 UNITED WAY UNITED WAY CHARITIES PAYMENT 25.00 25.00 162492 01/16/2014 008977 VALLEY EVENTS INC Rentals: halloween family carnival 10/25 1,971.00 1,971.00 162493 01/16/2014 016094 VAVRINEK, TRINE, DALY & CO AUDIT SERVICES:FINANCE DEPT FY 1,000.00 1,000.00 LLP 12/13 162494 01/16/2014 004261 VERIZON Jan xxx-6540 gen usage:Rori fire stn 109.51 109.51 162495 01/16/2014 004789 VERIZON Dec Internet svcs:SW DSL:PD:Jones,C. 39.95 Dec Internet Svcs: Library 162496 01/16/2014 010487 WATSON, LUKE Computer purchase prgm 162497 01/16/2014 003730 WEST COAST ARBORISTS INC tree trims & removals: crowne hill slope tree trim maint srvcs:city right-of-ways emerg tree maint srvcs:various slopes tree trims/removals:var parks & medians tree trims & removals:tradewinds slope EMERG TREE TRIMS & REMOVALS: VAR 162498 01/16/2014 009512 WURMS JANITORIAL SERVICES, INC 999759 01/10/2014 016557 DE VEYRA, EDITHA 999760 01/10/2014 016556 DOMBAY, JOE 999761 01/10/2014 016327 FITZPATRICK, ROBERT 999762 01/10/2014 016555 HERRERA, BENJAMIN 999763 01/10/2014 015504 TOWARD 0.16 40.11 541.92 541.92 31, 737.00 8,451.00 4,298.00 2,214.00 2,282.00 360.00 49,342.00 Jan janitorial srvcs:police old town 242.25 242.25 refund: library: lost materials 11.99 11.99 refund: temecula rod run: 8500.301 35.00 35.00 refund: library: lost materials 10.95 10.95 refund: library: lost materials 23.70 23.70 refund:sec dep:rm rental:Harveston 200.00 200.00 Page apChkLst Final Check List Page: 10 01/16/2014 1:33:23PM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 1, 970, 289.36 Pagel 0 apChkLst Final Check List Page: 11 01/16/2014 1:33:23PM CITY OF TEMECULA 122 checks in this report. Grand Total All Checks. 1,970,289.36 Pagel 1 apChkLst Final Check List Page: 1 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162499 01/23/2014 011347 AFS INC 162500 01/23/2014 007186 AB MAILING SOLUTIONS Description Amount Paid Check Total diesel filter retrofit: pw maint equip 14,864.25 diesal filter retrofit:pw maint equip 14,864.25 29,728.50 POSTAGE & HANDLING:THEATER 4,505.56 4,505.56 BROCHURE 162501 01/23/2014 013367 ACTIVE MICRO INC MISC IT SUPPLIES:CIVIC CENTER 92.77 MISC TOOLS & EQUIP: PW TRAFFIC DIV 248.12 340.89 162502 01/23/2014 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 550.00 550.00 162503 01/23/2014 006915 ALLIE'S PARTY EQUIPMENT SPEC EVENT SUPPLIES:LINEN 51.77 51.77 RENTALS 12/14 162504 01/23/2014 013015 ALWAYS RELIABLE BACKFLOW backflow testing & repair:various 575.00 575.00 162505 01/23/2014 001323 ARROWHEAD WATER INC 162506 01/23/2014 007065 B & H PHOTO VIDEO INC 162507 01/23/2014 015592 BAMM PROMOTIONAL PRODUCTS, INC 162508 01/23/2014 004040 BIG FOOT GRAPHICS 162509 01/23/2014 016283 BREWENS INFINITY 162510 01/23/2014 004462 C D W GOVERNMENT INC 162511 01/23/2014 001035 C R & R INC 162512 01/23/2014 003138 CAL MAT BOTTLED WATER SVC:CHILDREN'S 20.90 MUSEUM BOTTLED WATER SVC:HISTORY MUSEU 8.63 BOTTLED WATER SVC:CRC 50.69 BOTTLED WATER SVC:LIBRARY 32.44 BOTTLED WATER SVC:PBSP 17.26 BOTTLED WATER SVC:SKATE PARK 6.47 BOTTLED WATER SVC:THEATER 28.47 BOTTLED WATER SVC: HARVESTON CEI 21.28 BOTTLED WATER SVC:FOC 110.36 BOTTLED WATER SVCS: CITY COUNCIL 38.79 Bottled water svc:TVE2 6.47 341.76 VIDEO & PRODUCTION EQUIP:INFO 593.82 593.82 TECH SHIRTS/JACKETS:CRC & SKATE PARK 479.30 STAFF STAFF SHIRTS & JACKETS:CSD 310.95 790.25 BANNERS: JRC FACILITY 400.00 BANNERS:JRC FACILITY 1,200.00 1,600.00 DEC OLD TOWN TROLLEY SERVICE 2,250.00 2,250.00 monitor mount kit:busines lic/cashier 256.37 256.37 JAN TRASH HAULING SERVICES 261.01 261.01 asphalt material:citywide street repairs 156.01 asphalt material:citywide street repairs 375.84 531.85 Pagel apChkLst Final Check List Page: 2 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162513 01/23/2014 000924 CALIF ASSOC OF PUBLIC 162514 01/23/2014 004248 CALIF DEPT OF JUSTICE-ACCTING 162515 01/23/2014 008525 CALIF NARCOTIC CANINE ASSOC 162516 01/23/2014 004228 CAMERON WELDING SUPPLY 162517 01/23/2014 016584 CASAGRANDE, DINO 162518 01/23/2014 016582 CASTRO, GILBERT 162519 01/23/2014 009640 CERTIFION CORPORATION 162520 01/23/2014 005417 CINTAS FIRST AID & SAFETY 162521 01/23/2014 012627 CLEAR IMAGE ENTERPRISES INC 162522 01/23/2014 013286 CONNEXON TELECOM INC 162523 01/23/2014 001923 CONVERSE CONSULTANTS 162524 01/23/2014 011922 CORELOGIC, INC. 162525 01/23/2014 013379 COSSOU, CELINE 162526 01/23/2014 001264 COSTCO TEMECULA #491 162527 01/23/2014 010650 CRAFTSMEN PLUMBING & HVAC INC (Continued) Description 14/15 CAPPO MB:BILBY, VOLLMUTH DEC DUI & DRUG SCREENINGS:POLICE DEC FINGERPRINTING SVCS:POLICE, HI Conf:1/27-30:Staat, Cramer misc welding supplies: pw street maint refund:sec dep:rm rental:CRC refund:sec dep:rm rental:CRC credit billing adj:Nov Inv#113EP31197 Nov online database subscription:Police DEC ONLINE DATABASE SUBSCRIPTION FIRST AID & SAFETYTRAINING:PW MAINT DIV WINDOW CLEANING SVCS:41375 MCCABE Jan enterprise 911 srvc fee NOV GEOTECH SVCS:GOHS TENNIS COURT LIGHT DEC WEB SUBSCRIP.:REAL QUEST:CODE ENF TCSD Instructor Earnings SUPPLIES:BUSINESS DEV SEMINAR facility imprvmnts:JRC 41375 McCabe replace double doors: crc repair door:police sta at parking garage STATION MAINT & REPAIR: STA 84 162528 01/23/2014 001393 DATA TICKET, INC. DEC PARKING CITATION PROCESSING:POLICE Amount Paid Check Total 260.00 665.00 3,282.00 690.00 40.54 200.00 200.00 -1,650.00 1,800.00 150.00 1,968.10 328.00 250.00 207.00 22.00 98.00 258.94 1,000.00 3,549.86 600.00 245.00 260.00 3,947.00 690.00 40.54 200.00 200.00 300.00 1,968.10 328.00 250.00 207.00 22.00 98.00 258.94 5,394.86 1,033.00 1,033.00 Page2 apChkLst Final Check List Page: 3 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162529 01/23/2014 012931 DE ROCHE, SUSAN 162530 01/23/2014 010461 DEMCO INC 162531 01/23/2014 004192 DOWNS COMMERCIAL FUELING INC (Continued) Description Amount Paid Check Total refund:security deposit:CRC 150.00 150.00 SIGN HOLDERS:FRONT RECEPTION 94.22 94.22 Fuel for city vehicles:PW Maint 969.48 Fuel for city vehicles:PW Ind dev Fuel for city vehicles:pw,tcsd,B&S Fuel for city vehicles:tcsd, code enf Fuel for city vehicles:B&S Fuel for city vehicles:PW Traffic Fuel for city vehicles:Police Fuel for city vehicles:TCSD 68.68 1,631.03 230.90 236.60 152.05 79.78 81.42 3,449.94 162532 01/23/2014 002390 EASTERN MUNICIPAL WATER Dec water meter:39656 Diego Dr 110.69 DIST Dec water meter:Murr hot springs rd 50.66 161.35 162533 01/23/2014 011292 ENVIRONMENTAL SCIENCE NOV EIR:JEFFERSON CORRIDOR 4,203.68 4,203.68 ASSOC. 162534 01/23/2014 000164 ESGIL CORPORATION NOV PLAN REVIEW SVCS: B&S 162536 01/23/2014 001056 EXCEL LANDSCAPE INC 162537 01/23/2014 015330 FAIR HOUSING COUNCIL 162538 01/23/2014 000165 FEDERAL EXPRESS INC DEC LDSCP MAINT:VAR PARKS,MEDIANS DEC LDSCP MAINT:VAR PARKS,MEDIAN: DEC LDSCP MAINT:VAR PARKS,MEDIAN: install sod & tree: duck pond DEC LDSCP MAINT SVC:VAR PARKS,ME[ DEC FV INTERCHG:TEM MARINE,BASICt DEC FV INTERCHG:41375 MCCABE CT DEC LDSCP MAINT: VAR NORTH SLOPE DEC LDSCP MAINT: VAR SOUTH SLOPE LNDSCP MAINT SVC:VAIL RANCH PARK IRRIG REPAIR/MAINT:PBSP IRRIG REPAIR/MAINT:PBSP DEC LDSCP MAINT SVCS: VAR FACILITIE JUL '13 FAIR HOUSING SVCS:CDBG FUNDING AUG '13 FAIR HOUSING SVCS:CDBG FUf SEP '13 FAIR HOUSING SVCS:CDBG FUN OCT'13 FAIR HOUSING SVCS:CDBG FUN Nov Express mail services Dec Express mail services Nov Express mail services 162539 01/23/2014 000206 FEDEX KINKOS INC shpg:items to sister city:Netherlands 11,463.38 11,463.38 17,994.70 51, 365.88 700.00 1,425.00 47, 825.10 200.00 200.00 19,749.97 34,844.87 237.26 96.28 368.21 9,893.13 1,715.49 834.80 850.98 769.69 16.84 6.22 157.47 184,900.40 4,170.96 180.53 12.96 12.96 Page:3 apChkLst Final Check List Page: 4 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 162540 01/23/2014 000380 FIRST STUDENT CHARTER BUS TRANSPORTATION SVCS:EXCURSION PGRM Amount Paid Check Total 907.82 907.82 162541 01/23/2014 016184 FUN EXPRESS, LLC REC PRGRM SUPPLIES:CHRISTMAS 452.67 452.67 EVENTS 162542 01/23/2014 010326 G E MOBILE WATER, INC WATER FILTRATION PARTS: STA 73 63.72 63.72 162543 01/23/2014 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 1/18 816.00 816.00 162544 01/23/2014 013371 GERI-FIT COMPANY LTD refund: MPSC meeting room 168.00 168.00 162545 01/23/2014 005405 GILLILAND, ROBIN Reimb:supplies:harveston ctr 117.40 117.40 162546 01/23/2014 013464 GO, EMILITA C. refund:sec dep:rm rental:CRC 200.00 200.00 162547 01/23/2014 001135 HEALTHPOINTE MEDICAL DEC EMP INDUSTRIAL CARE 115.00 115.00 GROUP INC SRVCS:HR 162548 01/23/2014 016298 HORN CLINIC, THE Settlement:Speakeasy...Merc 1/19 331.80 331.80 162549 01/23/2014 015315 HYLAND SOFTWARE, INC. 162550 01/23/2014 000863 IPMA 162551 01/23/2014 004406 IGOE & COMPANY INC 162552 01/23/2014 016564 IMPACT TELECOM 162553 01/23/2014 004984 INDEPENDENT ROOFING CONSULTANT 162554 01/23/2014 013695 INLAND EMPIRE SHRED IT Sire software lic renew:info tech 9,607.07 9,607.07 2/1-1/31/15 IPMA-HR MB: IG/PVR/CC 390.00 390.00 JAN FLEX BENEFIT PLAN PMT 220.00 220.00 Jan: 800 service for city hall 114.88 114.88 ROOF CONSULTING SVCS:TCC 250.00 250.00 SHRED SERVICES:RECORDS DIVISION SHRED SERVICES:RECORDS DIVISION SHRED SERVICES:RECORDS DIVISION 60.00 16.65 15.00 162555 01/23/2014 006914 INNOVATIVE DOCUMENT DEC COPIER MAINT/REPAIR:CITYWIDE 4,629.68 SOLUTIONS DEC COPIER MAINT/REPAIR:CITYWIDE 543.34 162556 01/23/2014 016566 INTENSE CYCLES, INC. RENTAL/DEP:INTENSE CYCLES MEDIA 274.98 1/14 91.65 5,173.02 274.98 Page:4 apChkLst Final Check List Page: 5 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162557 01/23/2014 001407 INTER VALLEY POOL SUPPLY INC 162558 01/23/2014 003266 IRON MOUNTAIN OFFSITE 162559 01/23/2014 011886 JMG SECURITY SYSTEMS 162560 01/23/2014 003046 K F R O G 95.1 FM RADIO 162561 01/23/2014 001091 KEYSER MARSTON ASSOCIATES INC 162562 01/23/2014 004062 KUSTOM SIGNALS INC 162563 01/23/2014 007188 LAERDAL MEDICAL CORP. 162564 01/23/2014 016581 LAIRD, LYNETTE 162565 01/23/2014 000210 LEAGUE OF CALIF CITIES 162566 01/23/2014 004412 LEANDER, KERRY D. (Continued) Description Amount Paid Check Total pool supplies: var swimming pools 633.81 633.81 OFFSITE MEDIA STORAGE:RECORDS 575.90 575.90 refund: permit fees 875.00 875.00 advertising:Winterfest 2013 2,525.00 2,525.00 NOV-DEC REAL ESTATE 906.25 906.25 CONSULT:AFFORD HOUSI equip repair & maint:police lidar & 498.45 498.45 CPR CLASS SUPPLIES: MEDICS 991.39 991.39 refund: library fines & fees 13.95 13.95 2013 Mb dues:city 100.00 100.00 TCSD instructor earnings TCSD instructor earnings 162567 01/23/2014 000482 LEIGHTON CONSULTING INC OCT GEOTECH SVCS:RORI RANCH STR IMPR 162568 01/23/2014 004905 LIEBERT, CASSIDY & NOV HR LEGAL SVCS FOR WHITMORE TE060-00010 162569 01/23/2014 003726 LIFE ASSIST INC 162570 01/23/2014 015953 LLOYD'S DESIGNS 162571 01/23/2014 008610 MCR STAMPS 162572 01/23/2014 002784 MAILBOX, THE EMERGENCY MEDICAL SUPPLIES:FIRE EMERGENCY MEDICAL SUPPLIES:FIRE EMERGENCY MEDICAL SUPPLIES:FIRE EMERGENCY MEDICAL SUPPLIES:FIRE EMERGENCY MEDICAL SUPPLIES:FIRE GRAPHIC DESIGN SVCS:TCSD DJ svcs:high hopes pgrm events 1/3 1 YR SUBSCR:TINY TOTS PRGM 1,260.00 294.00 1,554.00 13,070.55 13,070.55 570.00 570.00 244.02 843.31 133.38 349.05 428.77 1,300.00 25.00 1,998.53 1,300.00 25.00 29.95 29.95 Page:5 apChkLst Final Check List Page: 6 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162573 01/23/2014 003782 MAIN STREET SIGNS (Continued) Description misc street signs: pw street maint div misc street signs: pw street maint div misc street signs: pw street maint div misc street signs: pw street maint div 162574 01/23/2014 006571 MELODY'S AD WORKS INC. consultant svcs:csd special events 2013 162575 01/23/2014 015259 MERCURY DISPOSAL HOUSEHOLD BATTERY RECYCLING SYSTEMS, INC. PRGM 162576 01/23/2014 015955 METRO FIRE & SAFETY, INC. FIRE SUPPR. INSPECTS:CIVIC CTR/LIBRARY 162577 01/23/2014 016353 MEYERS, NAVE, RIBACK, SILVER Amount Paid Check Total 1,139.51 1,704.83 1,186.92 622.08 4,653.34 78.19 78.19 430.92 430.92 1,520.00 1,520.00 NOV '13 LEGAL SVCS:FINANCE DEPT 56.70 AUG '13 LEGAL SVCS:FINANCE DEPT SEP '13 LEGAL SVCS:FINANCE DEPT OCT '13 LEGAL SVCS:FINANCE DEPT 162578 01/23/2014 004894 MICHAEL BRANDMAN JUL-NOV BIOLOGICAL PEER ASSOCIATES REVIEW:ARBOR VIS 162579 01/23/2014 004951 MIKE'S PRECISION WELDING welding srvs: pat birdsall sports park INC. 162580 01/23/2014 012580 MINUTEMAN PRESS BUSINESS CARDS:CITY COUNCIL BUSINESS CARDS:CITY COUNCIL BUSINESS CARDS:CITY COUNCIL 4,270.24 56.70 589.68 4,973.32 646.00 646.00 1,250.00 1,250.00 112.57 112.57 112.57 337.71 162581 01/23/2014 016445 MKB PRINTING & MISC PRINTING SRVCS:PLANNING 112.57 112.57 PROMOTIONAL INC 162582 01/23/2014 004586 MOORE FENCE COMPANY INC replace damaged gates:starling st 4,180.00 4,180.00 162583 01/23/2014 001214 MORNINGSTAR SOUND SVCS:NEW YEAR'S EVE 2013 3,166.00 3,166.00 PRODUCTIONS, LLC 162584 01/23/2014 004490 MUSCO SPORTS LIGHTING INC mini stack power supply:rr sports park 560.79 560.79 162585 01/23/2014 013972 NAT'L PROCUREMENT 2014 MB DUES: M. VOLLMUTH 90.00 90.00 162586 01/23/2014 015122 NI GOVERNMENT SERVICES, DEC SATELLITE PHONE 151.75 151.75 INC. SRVC:EOC/FIRE 162587 01/23/2014 014786 NORTH, KATHERINE MAY exec staff photo:planning 85.00 85.00 Page:6 apChkLst Final Check List Page: 7 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 162588 01/23/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW TRAFFIC Amount Paid Check Total 84.13 84.13 162589 01/23/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 30.75 30.75 162590 01/23/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:TCSD 15.89 15.89 162591 01/23/2014 016474 ORANGE COUNTY SPEAKER, Sound supplies: Theater 881.09 881.09 INC. 162592 01/23/2014 002734 P V P COMMUNICATIONS INC Motor helmets:temecula traffic police 268.84 Motor helmets:temecula traffic police 798.84 1,067.68 162593 01/23/2014 016583 PALMER, CHERILYN refund:sec dep:rm rental:CRC 200.00 200.00 162594 01/23/2014 003663 PECHANGA BAND OF LUISENO Oct tribal monitoring: pechanga pkwy 510.00 510.00 162595 01/23/2014 016580 PERRIS SCHOOL DISTRICT refund: pennipickles workshop 40.00 40.00 162596 01/23/2014 010338 POOL & ELECTRICAL misc pool supplies/chemicals:var pools 273.07 PRODUCTS INC misc pool supplies/chemicals:var pools 283.50 556.57 162597 01/23/2014 002185 POSTMASTER Postage for mailing City newsletter 5,788.20 5,788.20 162598 01/23/2014 013721 PROPET DISTRIBUTORS INC pet waste bags:various parks 2,763.95 2,763.95 162599 01/23/2014 009066 RADAR SHOP INC, THE radar gun maint & repair:police 178.00 178.00 162600 01/23/2014 002612 RADIO SHACK INC equipment: info tech 86.37 86.37 162601 01/23/2014 002072 RANCHO CALIF WATER plan check srvcs:Ovrind Dr Ph I 2,000.00 2,000.00 DIST-FEES 162602 01/23/2014 002072 RANCHO CALIF WATER Plan check srvcs:F.V. Pkwy Intrchg Ph I 609.87 609.87 DIST-FEES 162603 01/23/2014 000262 RANCHO CALIF WATER Dec water meter: 29119 Margarita 357.89 DISTRICT 162604 01/23/2014 000947 RANCHO REPROGRAPHICS Dec var water meters:PW 177.36 Dec var water meters:TCSD svc ley C Blueprints: PW Land Dev Blueprints: PW Land Dev 5,576.97 6,112.22 10.80 10.80 21.60 Page:7 apChkLst 01/23/2014 9:41:41AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162605 01/23/2014 015265 RICHMOND AMERICAN HOMES 162606 01/23/2014 014027 RIVERSIDE CO ECO DEV AGENCY 162607 01/23/2014 000220 ROBINSON PRINTING & CREATIVE 162608 01/23/2014 000278 SAN DIEGO UNION TRIBUNE 162609 01/23/2014 011511 SCUBA CENTER TEMECULA 162610 01/23/2014 009213 SHERRY BERRY MUSIC 162611 01/23/2014 009746 SIGNS BY TOMORROW 162612 01/23/2014 015674 SJ LINKING SYSTEMS 162613 01/23/2014 000645 SMART & FINAL INC 162614 01/23/2014 000537 SO CALIF EDISON 162615 01/23/2014 002503 SOUTH COAST AIR QUALITY 162616 01/23/2014 000519 SOUTH COUNTY PEST CONTROL INC 162617 01/23/2014 016257 SPICERS PAPER, INC. (Continued) Description refund:eng grad dep:LD10-008GR Oct -Dec staffing:library Mid -Season Pocket Brochure: Theater Dec public ntc ads:Pln/City Clerk TCSD Instructor Earnings TCSD Instructor Earnings Jazz @ the Merc 01/16/14 PUBLIC NTC POSTING SRVCS XX -0274: P LAN N I N PUBLIC NTC POSTING SRVCS XX -0217:F PUBLIC NTC POSTING SRVCS XX -0068:F PUBLIC NTC POSTING SRVCS XX -0261:F PUBLIC NTC POSTING SRVCS XX -0142:F Misc. signage: TCSD special events Radio rentals:Holiday Parade Misc supplies: art opening 1/10/14 Supplies:High Hopes Program Dec 2-29-974-7568 26953 Ynez Rd TC1 Dec 2-33-237-4818 30499 Rancho Calif Dec 2-31-693-9784 various mtrs Dec 2-31-419-2659 26706 Ynez Rd TC1 Dec 2-00-397-5059 various meters Dec 2-28-171-2620 40820 Winchester PD Dec 2-30-608-9384 Harveston Dr Dec 2-29-223-9571 Murr Hot Sprgs Rd Dec 2-33-777-1950 40135 Village Rd Dec 2-26-887-0789 various mtrs Ann'I oper. fees: TVE2 FY 13/14 emissions fee: TVE2 pest control srvcs:stn 84 pest control srvcs:pbsp Misc paper supplies: central services Misc paper supplies: central services Amount Paid Check Total 5,000.00 41,860.00 3,130.92 530.64 17.50 336.00 521.00 148.20 575.04 148.20 296.40 148.20 76.17 665.00 265.91 139.56 147.76 107.39 383.54 179.87 6,857.56 684.05 705.52 28.56 393.77 1,831.59 317.07 117.87 80.00 70.00 481.45 5,000.00 41,860.00 3,130.92 530.64 353.50 521.00 1,392.21 665.00 405.47 11,319.61 434.94 150.00 750.60 1,232.05 Page:8 apChkLst Final Check List Page: 9 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 162618 01/23/2014 008337 STAPLES BUSINESS ADVANTAGE (Continued) Description Amount Paid Check Total Misc office supplies:finance 32.39 Misc office supplies:finance 78.88 Misc office supplies:sta 73 73.80 Misc office supplies:medics 78.38 Misc office supplies:sta 73 79.26 MISC OFFICE SUPPLIES:HR DEPT 43.18 misc. office supplies:city manager 34.52 misc. office supplies:city manager 164.84 MISC OFFICE SUPPLIES:HUMAN SRVCS 148.66 Misc office supplies:tcsd admin 176.49 MISC OFFICE SUPPLIES:THEATER 76.90 987.30 162619 01/23/2014 002015 STAR WAY PRODUCTIONS AUDIO EQUIP MAINT/REPAIR:O.T. 960.00 960.00 FRONT STRE 162620 01/23/2014 014665 STAR WAY SYSTEMS audio equipment:old town sound system 2,964.16 2,964.16 CORPORATION 162621 01/23/2014 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 7,844.66 7,844.66 162622 01/23/2014 013387 SWEEPING UNLIMITED INC Jan sweeping srvcs: parking garage 500.00 500.00 162623 01/23/2014 000168 TEMECULA FLOWER CORRAL Dec '13 sunshine fund 67.98 67.98 162624 01/23/2014 000515 TEMECULA VALLEY CHAMBER FY13/14 3rd qtr operating agrmnt:eco dev 33,750.00 33,750.00 OF 162625 01/23/2014 010046 TEMECULA VALLEY Nov '13 Bus. Impry DistrictAsmnts 107,157.06 107,157.06 CONVENTION & 162626 01/23/2014 010276 TIME WARNER CABLE 162627 01/23/2014 004261 VERIZON 162628 01/23/2014 004789 VERIZON 162629 01/23/2014 004848 VERIZON 162630 01/23/2014 008402 WESTERN RIVERSIDE COUNTY Jan high speed internet:32211 Wolf vly Jan high speed internet Stn 92 Jan high speed internet:29119 Margarita 118.26 49.95 67.64 235.85 Jan xxx-2941 general usage:TVE2 409.91 Jan xxx-0073 gen usage 157.52 Jan xxx-3738 gen usage:Mc Cabe Ct 152.36 719.79 Jan Internet svcs:Civic Center 289.99 Jan internet svcs:Theater 134.99 424.98 Jan long distance phone svcs Dec long distance phone svcs Dec '13 MSHCP payment 26.42 0.53 26.95 29,026.80 29,026.80 Page apChkLst Final Check List Page: 10 01/23/2014 9:41:41AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 162631 01/23/2014 015579 WOLF CREEK PA17 999764 01/17/2014 016578 AMKRAUT, LARRY 999765 01/17/2014 016577 BETSCH, APRIL 999766 01/17/2014 007215 BOY SCOUTS OF AMERICA 999767 01/17/2014 016576 BUCK, PHYLLIS 999768 01/17/2014 016575 BUTLER, LEAH 999769 01/17/2014 016574 CAOUETTE, KRISTINE 999770 01/17/2014 016237 CHAPTON, DONALD 999771 01/17/2014 007396 FONSECA, RENEE 999772 01/17/2014 016558 HARLEY SEANEZ, IRASEMA 999773 01/17/2014 016573 HENG, SOCHEATA 999774 01/17/2014 016572 LARKEE, KATHERINE 999775 01/17/2014 016571 LETOURNEAU, MARK 999776 01/17/2014 015290 MORENO, JOSUE 999777 01/17/2014 016570 ROBINSON, TAMMY 999778 01/17/2014 016569 REEM, SINNETT 999779 01/17/2014 016568 SMITH, COLLEEN Description Amount Paid Check Total refund:eng grad dep:LD05-211GR 995.00 995.00 refund: library lost mat'I 39.75 39.75 refund: cupcake craza: 1347.101 38.00 38.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund: dog training: 1060.101 80.00 80.00 refund: soccer skills: 2202.101 105.00 105.00 refund:sec dep:rm rental:Harveston 150.00 150.00 refund: temecula rod run entry: 8500.302 100.00 100.00 refund: dog training: 1060.101 80.00 80.00 refund:sec dep:rm rental:Harveston 100.00 100.00 refund: baby signing class: 1090.101 35.00 35.00 refund: baby signing class: 1090.101 35.00 35.00 refund: dog training: 1060.101 80.00 80.00 refund: cupcake craze: 1347.101 38.00 38.00 refund:sec dep:rm rental:Harveston 200.00 200.00 refund: dog training: 1060.101 80.00 80.00 refund: cpr/aed: 8250.307 20.00 20.00 Grand total for UNION BANK OF CALIFORNIA: 608,541.96 Pagel 0 apChkLst Final Check List Page: 11 01/23/2014 9:41:41AM CITY OF TEMECULA 148 checks in this report. Grand Total All Checks. 608,541.96 Page:11 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: February 11, 2014 SUBJECT: City Treasurer's Report as of December 31, 2013 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of December 31, 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 December 31, 2013. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of December 31, 2013 Investments City of Temecula, California Portfolio Management Portfolio Summary December 31, 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 Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return 40,358,466.62 40,358,466.62 40,358,466.62 47 68 1 1 0.125 0.127 5,757,567.93 5,757,567.93 5,757,567.93 6 80 1 1 0.000 0.000 1.00 1.00 1.00 0 00 1 1 0.000 0.000 18,529,511.73 18,538,608.39 18,529,511.73 21.89 1 1 0.260 0.264 4,000,000.00 4,010,730.00 4,000,000.00 4 73 1,553 921 0.957 0.970 16,000,000 00 16,063,020.00 15,992,950.00 18.90 1,305 627 0810 0.821 84,645,547.28 84,728,393.94 4,495,827.17 84,638,497.28 100.00% 321 163 0.315 0.319 4,495,827.17 4,495,827.17 729.17 729.17 4,496,556 34 4,496, 556.34 89,141,374.45 89,224,950.28 December 31 Month Ending 22,425.22 87,834,199.34 0.30% Reporting period 12/01/2013-12/31/2013 Run Date: 01/28/2014 - 15:00 Fiscal Year To Date 169,602.21 99,910,940.09 0.34% 1 0.000 0.000 89,135,053.62 321 163 0.315 0.319 Portfolio TEME CP PM (PRF_PM1) 7 3 0 Report Ver 7.3 5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2013 Page 1 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Run Date: 01/28/2014 - 15:12 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2013 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.81 0.81 0.81 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.78 0.78 0.78 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,116.00 202,116.00 202,116.00 0.010 0.010 0.010 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,676.79 209,676.79 209,676.79 0.010 0.010 0.010 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,086.72 1,104,086.72 1,104,086.72 0.010 0.010 0.010 1 136343006 RDA 10 DS 1 First American Treasury 1,263,989.15 1,263,989.15 1,263,989.15 0.010 0.010 0.010 1 136343008 RDA 10A CIP2 First American Treasury 19,950.43 19,950.43 19,950.43 0.010 0.010 0.010 1 136343001-2 RDA 10A-INT1 First American Treasury 1.59 1.59 1.59 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 5,186,609.64 5,186,609.64 5,186,609.64 0.010 0.010 0.010 1 136343000-1 RDA 10B -INTI First American Treasury 1.87 1.87 1.87 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,411.92 440,411.92 440,411.92 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 190,894.34 190,894.34 190,894.34 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 62,043.87 62,043.87 62,043.87 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,143,688.49 2,143,688.49 2,143,688.49 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 799.77 799.77 799.77 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 147,782.97 147,782.97 147,782.97 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 74,981.68 74,981.68 74,981.68 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 754,501.03 754,501.03 754,501.03 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 388.80 388.80 388.80 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 192,157.69 192,157.69 192,157.69 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 776.28 776.28 776.28 0.010 0.010 0.010 1 Run Date: 01/28/2014 - 15:12 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2013 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 10.34 10.34 10.34 0.000 0.000 1 786776000-5 03-06SPTAXI 1 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-Ibond fd Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,005,117.79 1,005,117.79 1,005,117.79 0.010 0.010 0.010 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 1,097.63 1,097.63 1,097.63 0.010 0.010 0.010 1 793593016-5 03-2 LOCI1 Federated Tax Free Obligations 141,991.74 141,991.74 141,991.74 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 27,084.24 27,084.24 27,084.24 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.30 1,144.30 1,144.30 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 507.46 507.46 507.46 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2013 0.02 0.02 0.02 0.000 0.000 1 94686000-5 03-4 REDI1 Federated Tax Free Obligations 10,783.22 10,783.22 10,783.22 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,503.65 65,503.65 65,503.65 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2013 1,159.14 1,159.14 1,159.14 0.010 0.010 0.010 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.40 0.40 0.40 0.000 0.000 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,307,953.48 1,307,953.48 1,307,953.48 0.010 0.010 0.010 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 7,269,820.68 7,269,820.68 7,269,820.68 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 15,025,122.62 15,025,122.62 15,025,122.62 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 3,506,162.80 3,506,162.80 3,506,162.80 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 REI 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: 01/28/2014 - 15:12 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 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 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 40,418,535.67 40,358,466.62 40,358,466.62 40,358,466.62 0.125 0.127 1 Retention Escrow Account 194012308-16 ARMY CORPS SYSPI aza Prtnr PORTOLA TRRC 39211000 RJ NOBLE Bank of Sacramento 67,383.47 67,383.47 67,383.47 0.000 0.000 1 Army Corps Union Bank 600,172.92 600,172.92 600,172.92 0.000 0.000 1 PI aza Prtnr Wells Fargo Bank 07/01/2013 4,000,066.86 4,000,066.86 4,000,066.86 0.000 0.000 1 Portola Trrc Wells Fargo Bank 9,682.45 9,682.45 9,682.45 0.000 0.000 1 Summerhouse Wells Fargo Bank 1,080,262.23 1,080,262.23 1,080,262.23 0.000 0.000 1 Subtotal and Average 5,784,367.73 5,757,567.93 5,757,567.93 5,757,567.93 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2013 1.00 1.00 1.00 Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 766,864.84 766,864.84 766,864.84 0.264 0.260 0.264 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 306,745.93 306,745.93 306,745.93 0.264 0.260 0.264 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,421,456.64 1,421,456.64 1,421,456.64 0.264 0.260 0.264 1 SYSCITY CITY CA Local Agency Investment Fun 4,472,461.95 4,474,999.27 4,472,461.95 0.264 0.260 0.264 1 SYSRDA RDA CA Local Agency Investment Fun 1,744.92 1,745.91 1,744.92 0.264 0.260 0.264 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.264 0.260 0.264 1 Run Date: 01/28/2014 - 15:12 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2013 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 16,303,705.28 11,560,237.45 11,566,795.80 18,529,511.73 11,560,237.45 0.264 0.260 0.264 1 18,538,608.39 18,529,511.73 0.260 0.264 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,007,320.00 1,000,000.00 1.400 1.381 1.400 1,073 12/09/2016 3134G3PH7 01186 Federal Home Loan Mtg Corp 02/24/2012 1,000,000.00 1,000,970.00 1,000,000.00 1.000 0.986 1.000 966 08/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,001,770.00 1,000,000.00 1.000 0.986 1.000 1,000 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,000,670.00 1,000,000.00 0.480 0.473 0.480 646 10/09/2015 Subtotal and Average 4,483,870.97 4,000,000.00 4,010,730.00 4,000,000.00 0.957 0.970 921 Federal Agency Bullet Securities 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,001,310.00 1,000,000.00 1.375 1.356 1.375 40 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,004,200.00 1,000,000.00 0.875 0.863 0.875 212 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,016,060.00 1,000,000.00 1.300 1.282 1.300 1,009 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,011,970.00 1,000,000.00 1.050 1.036 1.050 663 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,010,780.00 1,000,000.00 0.970 0.957 0.970 691 11/23/2015 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,011,510.00 1,000,000.00 1.000 0.986 1.000 707 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,008,570.00 1,000,000.00 0.850 0.838 0.850 748 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,000,380.00 1,000,000.00 0.410 0.404 0.410 666 10/29/2015 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,006,010.00 1,000,000.00 1.000 0.986 1.000 264 09/22/2014 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,003,290.00 1,000,000.00 0.520 0.513 0.520 387 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,930.00 1,000,000.00 0.400 0.395 0.400 408 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,002,680.00 1,000,000.00 0.500 0.493 0.500 506 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,007,860.00 1,000,000.00 0.900 0.888 0.900 817 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 991,870.00 1,000,000.00 0.550 0.542 0.550 1,091 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,001,610.00 999,270.00 0.375 0.399 0.404 439 03/16/2015 3135G0PQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 982,990.00 993,680.00 0.875 1.026 1.040 1,394 10/26/2017 Subtotal and Average 15,992,950.00 16,000,000.00 16,063,020.00 15,992,950.00 0.810 0.821 627 Total and Average 87,834,199.34 Run Date: 01/28/2014 - 15:12 84,645,547.28 84,728,393.94 84,638,497.28 0.315 0.319 163 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Cash December 31, 2013 Purchase Date Par Value Market Value Stated YTM YTM Days to Book Value Rate 360 365 Maturity Page 6 Retention Escrow Account SYSAAA#1202 4110170281 23303800 AAA#1202 EDGEDEV PCL CONST COMMUNITY BANK TORRY PINES BANK Wells Fargo Bank 07/01/2013 07/01/2013 44,279.96 0.00 0.00 44,279.96 0.00 0.00 44,279.96 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 Passbook/Checking Accounts SYSPetty Cash Petty Cash SYSFIex Ck Acct Flex Ck Acct SYSGen Ck Acct Gen Ck Acct SYSParking Ck PARKING CITA City of Temecula Union Bank of California Union Bank of California Union Bank of California 07/01/2013 07/01/2013 07/01/2013 3,110.00 31,631.34 4,410,583.37 6,222.50 3,110.00 31,631.34 4,410,583.37 6,222.50 3,110.00 31,631.34 4,410,583.37 6,222.50 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 729.17 729.17 Subtotal 4,496,556.34 4,496,556.34 1 Total Cash and Investments Run Date: 01/28/2014 - 15:12 87,834,199.34 89,141,374.45 89,224,950.28 89,135,053.62 0.315 0.319 163 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Fund # Fund Name 001 GENERAL FUND 100 STATE GAS TAX FUND 120 DEVELOPMENT IMPACT FUND 135 BUSINESS INCUBATOR RESOURCE 140 COMMUNITY DEV BLOCK GRANT 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 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 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 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 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 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 516 SERVICE LEVEL"C"ZONE 16 TRADEW INDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 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 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES Cash and Investments Report CITY OF TEMECULA Through December 2013 Beginning Balance Receipts Disbursements Fund Total $ 17,337,298.86 $ 7,235,780.26 $ 4,785,386.73 $ 19,787,692.39 502,057.72 519,630.38 1,021,688.10 - 5,407,574.91 358,219.98 1,015,000.00 4,750,794.89 105,125.29 1,279.34 1,268.71 105,135.92 7,097.43 7,097.43 137,466.25 5.67 137,471.92 353,140.73 31,760.73 3,272.20 381,629.26 16,664.43 8,333.33 24,997.76 - 25,038.59 1.03 25,039.62 4,019,708.45 149.80 37,554.18 3,982,304.07 15,921,582.07 254.52 15,921,836.59 2,579,497.21 210,044.83 33,850.56 2,755,691.48 202,104.60 633,777.67 835,882.27 78,597.30 78,597.30 - 238,663.00 9.53 7,715.18 230,957.35 13,106.48 0.54 13,107.02 206,299.87 7.59 22,282.38 184,025.08 198,438.04 10,706.37 22,285.32 186,859.09 5,120,321.11 3,460,307.27 1,669,664.52 6,910,963.86 2,143,786.38 46.60 2,143,832.98 754,484.63 16.40 754,501.03 16,178, 521.29 18.10 146, 057.05 16, 032, 482.34 630,080.12 24.28 43,545.07 586,559.33 1,394,701.52 57.54 1,394,759.06 513,816.22 1,718.79 302,921.36 212,613.65 399,838.05 89.94 44,519.07 355,408.92 231,940.47 16.88 93,963.47 137,993.88 3,171.98 477.85 2,694.13 2,383,904.19 824,947.46 1,655,963.38 1,552,888.27 840,913.56 2,726,543.00 2,726,543.00 840,913.56 86,726.27 3.58 - 86,729.85 729,836.70 16.40 4,536.21 725,316.89 1,007,183.10 5.39 3,895.32 1,003,293.17 77,377.71 1.67 1,929.93 75,449.45 1,939,955.90 17.43 4,811.33 1,935,162.00 312,882.09 0.09 3,651.10 309,231.08 5,013,728.92 58.51 9,312.78 5,004,474.65 19,060.82 0.95 2,570.27 16,491.50 41,350.20 1.78 2,533.54 38,818.44 26, 636.80 1.21 2,990.87 23, 647.14 3,493.66 0.18 336.15 3,157.69 14, 351.33 0.63 1,015.51 13, 336.45 3,228.84 0.21 1,080.38 2,148.67 15, 672.18 0.64 146.57 15, 526.25 1,222.06 0.06 475.55 746.57 853.12 0.05 266.61 586.56 55,085.10 2.00 9,613.39 45,473.71 698.32 0.04 122.20 576.16 44,336.70 1.97 2,932.89 41,405.78 156,556.66 6.73 9,880.67 146,682.72 38, 429.23 1,702.17 15, 085.23 25, 046.17 902.91 0.05 301.26 601.70 11,062.95 0.40 2,058.92 9,004.43 39,771.24 1.96 7,929.64 31,843.56 36,940.67 1.64 2,192.99 34,749.32 1,742.48 0.09 162.69 1,579.88 220,268.78 9.54 11,991.08 208,287.24 4,194.05 0.24 182.10 4,012.19 33,413.99 1.38 33,415.37 Grand Total: $ 87,796,208.80 $ 16,111,279.55 $14,682,538.07 $ 89,224,950.28 Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas Garcia, Director of Public Works/City Engineer DATE: February 11, 2014 SUBJECT: Approval of the Possession and Use Agreement for Portion of Assessor's Parcel Number 921-480-032 to construct the Overland Drive Extension Project, PW 00-26 PREPARED BY: Amer Attar, Principal Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED POSSESSION AND USE AGREEMENT BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00-26 2. Authorize the Finance Director to issue warrants for the sums of $91,847 plus escrow fees for deposit with Escrow Holder First American Title Insurance Company to complete the transaction (escrow fees are estimated not to exceed $15,000); 3. Authorize the City Manager to approve and execute any documents necessary to effectuate the terms of the Possession and Use Agreement, and to take all necessary actions to complete the transaction contemplated pursuant to said Agreement, including without limitations, all escrow instructions. BACKGROUND: The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road — PW00-26 ("Project") is identified in the City's Capital Improvement Program for Fiscal Years 2014-18. The Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a new bridge over Murrieta Creek. The purpose of the Project is to improve safety and traffic circulation in the area. The Project would require the acquisition of certain real property interests from six parcels. The City proposes to construct the Project in two phases. The first phase would extend Overland Drive from Commerce Center Drive to Enterprise Circle West. The second phase would extend Overland Drive from Enterprise Circle West to Diaz Road with a bridge over Murrieta Creek. On June 11, 2013, the City Council approved funding for the proposed construction of Phase I of the Project as part of its approval of the Capital Improvement Program and Budget. Phase I of the Project would require the acquisition of an approximate 840 square foot permanent easement ("permanent easement") and an approximate 2,445 square foot temporary construction easement with a term of 18 months on the real property commonly known as 27511 Commerce Center Drive in the City of Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Property") for public street purposes and all uses necessary or convenient thereto. The 840 square foot permanent easement and the 2,445 square foot temporary construction easement with a term of 18 months are referred to below collectively as the "subject property interests." Mark McMillin LLC, a California Limited Liability Company ("McMillin") is the record fee owner of the Property. Pursuant to Government Code section 7267.2, on March 22, 2011, the City Council set just compensation for the subject property interests and the Property at the fair market value as determined by the City's independent appraiser based on a February 7, 2011 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of required property rights for the construction for the Project. On May 11, 2011, the City sent a written offer to McMillin to purchase the subject property interests at the fair market value established by the City's independent appraiser. The City and McMillin have engaged in good faith negotiations for the City's acquisition of the subject property interests. McMillin has not accepted the City's offer to purchase the subject property interests. McMillin, however, has agreed to grant to the City and its contractors, agents, representatives, employees and others reasonably deemed necessary by the City, the irrevocable right to exclusive possession, use and occupancy of the subject property interests, including, but not limited to, the right to conduct any hazardous materials testing required by the City; the right to remove and dispose of any and all improvements within and or straddling the right of way; and the right to construct Phase I of the Project in the area of the subject property interests in accordance with the attached Possession and Use Agreement ("Agreement"). Pursuant to the Agreement, the City will open an escrow with First American Title Company and deposit the sum of $91,847 ("Compensation Amount") for the benefit of McMillin within five business days of the effective date of this Agreement. The Compensation Amount represents the fair market value estimate for the subject property interests set forth in the City's independent appraisal that used a date of value of February 7, 2011. A copy of the City's appraisal summary statement is attached as Exhibit "C" to the attached Agreement. The City's offer informed McMillin that the acquisition of the subject property interests and construction of the Project would impact three parking spaces and a driveway entrance at the building's northerly corner and one parking space at the rear (westerly corner). The City prepared a revised parking lot layout to restripe the parking lot as part of the Project. The restriping would reconfigure two spaces at the northerly corner and one at the westerly corner. Accordingly, the Project would result in a net loss of one parking space at the northerly corner. The City's appraisal noted that, in the after condition, the remainder property would be similar to the existing condition except for the net loss of one parking space and the driveway entrance at the northwest corner. In the after condition, the Overland Drive right of way would be located along the remainder's northwest side with direct access via a new driveway entrance at the rear. Access to the front (northeast) would continue to be from the existing driveway apron on Commerce Center Drive at the easterly corner. The City's offer also informed McMillin that the City would replace with material of like kind and quality any improvements, landscaping or irrigation located in the area of the temporary construction easement that are damaged in connection with the construction of the Project. The acquisition of the subject property interests for the Project would not result in the displacement of any person or business from the Property. In consideration for McMillin's irrevocable grant to the City of possession and use of the subject property interests, McMillin has the right to withdraw the Compensation Amount in accordance with the Agreement. McMillin has informed the City that it wishes to defer the continuance of the good faith negotiations for the City's purchase of the subject property interests until the construction of Phase I of the Project is completed because McMillin wishes to determine whether the construction of the Project causes damages to the remainder parcel. Pursuant to the Agreement, the parties have agreed to continue their good faith negotiations after the construction of the Project is completed. If the parties reach a negotiated agreement for the City's purchase of the subject property interests, the parties would enter into a purchase and sale agreement to memorialize the terms of the City's purchase of the subject property interests. The Agreement also provides that if the parties do not reach a negotiated agreement within 180 days of the completion of construction of the Project in the area of the subject property interests, the City may commence an eminent domain proceeding. It acknowledges that 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. It also provides that McMillin may file an inverse condemnation proceeding if the parties do not reach a negotiated agreement and the City does not file an eminent domain proceeding within 360 days of the effective date of the Agreement. The parties have agreed that McMillin would not challenge the City's adoption of a resolution of necessity or the City's right to take the subject property interests and that the only issue in any such eminent domain or inverse condemnation proceeding regarding the subject property interests would be the issue of the amount of just compensation. Pursuant to the Agreement, the City's final offer prior to trial will not be less than the Compensation Amount plus statutory interest and costs authorized by the Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq. The environmental effects of the acquisition of the real property interests the City needs for the Project, including the subject property interests, were studied as an integral part of the Negative Declaration for Environmental Assessment No. 75 approved for the Project. The City further analyzed the environmental effects of the Project in 2013 when it prepared an Initial Study for the Project pursuant to the California Environmental Quality Act ("CEQA). Based on the findings contained in the Initial Study, City staff determined that environmental impacts for the Project are less than significant with the mitigation proposed. Accordingly, the City prepared a Mitigated Negative Declaration and Mitigation Monitoring Plan. The Initial Study and Mitigated Negative Declaration were distributed and made available for public review on June 3, 2012 in accordance with CEQA. During the review period, the City received several minor comments that were addressed in the final document. These comments were deemed insignificant to the entire Project. The City Council approved the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 (SCH No. 2013051091) on September 10, 2013 and duly filed a Notice of Determination on October 29, 2013 in accordance with CEQA. The findings made by the City Council at its meeting on February 27, 2001 in approving the Negative Declaration for Environmental Assessment No. 75 and at its meeting on September 10, 2013 approving the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 are the appropriate findings for the acquisition and/or use of the subject property interests for the construction of the Project. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Project, including, the above -referenced documents and relevant staff reports. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis, including the fact that no mitigation measures previously found not to be feasible would in fact be feasible. These environmental findings are the appropriate findings with respect to the acquisition and/or use of the subject property interests for the construction of the Project. FISCAL IMPACT: The Murrieta Creek Bridge & Overland Drive Extension to Diaz Road Project is identified in the City's Capital Improvement Program and is funded with DIF — Streets and Capital Projects Reserves. Adequate funds for the possession, use and occupancy of the subject property interests for the construction of the Project are available in project account number 210.165.602.5700. ATTACHMENTS: 1. Resolution 2. Possession and Use Agreement and Exhibits 3. Project Description 4. Project Location RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED POSSESSION AND USE AGREEMENT BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00-26 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PW00-26 ("Project") is identified in the City's Capital Improvement Program for Fiscal Years 2014-2018. The Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The purpose of the Project is to improve safety and traffic circulation in the area. The City proposes to construct the Project in two phases. The first phase would extend Overland Drive from Commerce Center Drive to Enterprise Circle West ("Phase I"). The second phase would extend Overland Drive from Enterprise Circle West to Diaz Road with a bridge over Murrieta Creek. On June 11, 2013, the City Council approved funding for the proposed construction of Phase I of the Project as part of its approval of the Capital Improvement Program and Budget. B. The Project would require the acquisition of certain real property interests from six parcels. Phase I of the Project would require the acquisition of an approximate 840 square foot permanent easement and an approximate 2,445 square foot temporary construction easement with a term of 18 months (collectively "subject property interests") on the real property commonly known as 27511 Commerce Center Drive in the City of Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Property") for public street purposes and all uses necessary or convenient thereto. C. Pursuant to Government Code section 7267.2, on March 22, 2011, the City Council set just compensation for the subject property interests and the Property at the fair market value as determined by the City's independent appraiser based on a February 7, 2011 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the subject property interests. D. On May 11, 2011, the City sent a written offer to the record owner, Mark McMillin, LLC, a California Limited Liability Company, ("McMillin") to purchase the subject property interests at the fair market value established by the City's independent appraiser. E. The City and McMillin have engaged in good faith negotiations for the City's acquisition of the subject property interests. McMillin has not accepted the City's offer to purchase the subject property interests. McMillin, however, has agreed to grant to the City and its contractors, agents, representatives, employees and others reasonably deemed necessary by the City, the irrevocable right to exclusive possession, use and occupancy of the subject property interests, including, but not limited to, the right to conduct any hazardous materials testing required by the City; the right to remove and dispose of any and all improvements within and or straddling the right of way; and the right to construct Phase I of the Project in the area of the subject property interests in accordance with the attached Possession and Use Agreement. The City believes that any delay in construction of Phase I of the Project is contrary to public interest. F. Pursuant to the Possession and Use Agreement, the City will open an escrow with First American Title Company and deposit the sum of $91,847 ("Compensation Amount") for the benefit of McMillin within five business days of the effective date of the Possession and Use Agreement. The Compensation Amount represents the fair market value estimate for the subject property interests as set forth in the City's independent appraisal that used a date of value of February 7, 2011. G. McMillin has informed the City that it wishes to defer the continuance of the good faith negotiations for the City's purchase of the subject property interests until the construction of Phase I of the Project is completed because McMillin wishes to determine whether the construction of the Project results in damages to the remainder parcel. H. Pursuant to the Possession and Use Agreement, the parties have agreed to continue their good faith negotiations after the construction of Phase I is completed. The Possession and Use Agreement also provides that if the parties do not reach a negotiated agreement within 180 days of the completion of construction of Phase I in the area of the subject property interests, the City may commence an eminent domain proceeding. The Possession and Use Agreement acknowledges 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. It also provides that McMillin may file an inverse condemnation proceeding if the parties do not reach a negotiated agreement and the City does not file an eminent domain proceeding within 360 days of the effective date of the Possession and Use Agreement. The parties have agreed that McMillin would not challenge the City's adoption of a resolution of necessity or the City's right to take the subject property interests and that the only issue in any such eminent domain or inverse condemnation proceeding regarding the subject property interests would be the issue of the amount of just compensation. Pursuant to the Possession and Use Agreement, the City's final offer prior to trial will not be less than the Compensation Amount plus statutory interest and costs authorized by the Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq. I. At its meeting of February 27, 2001, the City Council approved the Negative Declaration for Environmental Assessment No. 75 for the temporary low flow crossing at Murrieta Creek and the proposed permanent crossing at Murrieta Creek. J. Further, at its meeting of September 10, 2013, the City Council approved the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 (SCH No. 2013051091). In approving the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26, the City Council found that based on the record before it (1) the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 reflects the independent judgment and analysis of the City Council. On October 29, 2013, the City duly filed a Notice of Determination in connection with the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 in accordance with CEQA. Section 2. Approval of Possession and Use Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Possession and Use Agreement between the City of Temecula and Mark McMillin, LLC in Connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road (PW00-26)", with such changes in the Possession and Use Agreement as may be mutually agreed upon by Mark McMillin, LLC and the City Manager as are in substantial conformance with the form of the Possession and Use Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Possession and Use Agreement on behalf of the City. A copy of the final Possession and Use Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Possession and Use Agreement is not an announcement of the City's intent to acquire any other real property interests for the Project and does not commit the City to acquire any other real property interests for the 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 Possession and Use Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Possession and Use Agreement, including but not limited to, escrow instructions and other similar agreements and documents as contemplated by or described in the Possession and Use Agreement or as necessary and convenient to implement the Possession and Use Agreement and to effectuate the City's use, occupancy and possession of the subject property interests contemplated therein. Section 4. Environmental Analysis. The environmental effects of the acquisition of the real property interests the City needs for the Project, including the subject property interests, were studied as an integral part of the Negative Declaration for Environmental Assessment No. 75 approved for the Project. The City further analyzed the environmental effects of the Project in 2013 when it prepared an Initial Study for the Project pursuant to the California Environmental Quality Act ("CEQA"). Based on the findings contained in the Initial Study, City staff determined that environmental impacts for the Project are less than significant with the mitigation proposed. Accordingly, the City prepared a Mitigated Negative Declaration and Mitigation Monitoring Plan. The Initial Study and Mitigated Negative Declaration were distributed and made available for public review on June 3, 2012 in accordance with CEQA. During the review period, the City received several minor comments that were addressed in the final document. These comments were deemed insignificant to the entire Project. The City Council approved the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 on September 10, 2013 and duly filed a Notice of Determination on October 29, 2013 in accordance with CEQA. The findings made by the City Council at its meeting on February 27, 2001 in approving the Negative Declaration for Environmental Assessment No. 75 and at its meeting on September 10, 2013 approving the Mitigated Negative Declaration and Mitigation Monitoring Program for the Murrieta Creek Bridge and Overland Drive Extension, PW00-26 (SCH No. 2013051091) are the appropriate findings for the acquisition and/or use of the subject property interests for the construction of the Project. In connection with the attached Possession and Use Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Project, including, the above -referenced documents and relevant staff reports. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis, including the fact that no mitigation measures previously found not to be feasible would in fact be feasible. These environmental findings are the appropriate findings with respect to the acquisition and/or use of the subject property interests for the construction of the Project. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of February, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of February, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk Possession and Use Agreement between City of Temecula and Mark McMillin, LLC in Connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00-26) This Possession and Use Agreement ("Agreement") is made on February 11, 2014 ("Effective Date") by and between the City of Temecula, a municipal corporation ("City") and Mark McMillin LLC, a California Limited Liability Company ("Owner"). The City and Owner are referred to below collectively as the "Parties." RECITALS A. On May 11, 2011, the City made a written offer to Mark McMillin LLC, a California Limited Liability Company, to purchase certain real property interests from the real property commonly known as 27511 Commerce Center Drive in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 (referred to below as the "larger parcel") in connection with the City's construction of the proposed Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00-26) (referred to below as the "Project"). Mark McMillin LLC, a California Limited Liability Company is the record fee owner of the larger parcel. B. The Project would extend Overland Drive from Commerce Center to Diaz Road with a bridge over Murrieta Creek. The purpose of the Project is to improve safety and traffic circulation in the area. C. The City proposes to construct the Project in two phases. The first phase would extend Overland Drive from Commerce Center Drive to Enterprise Circle West (referred to below as "Phase I of the Project"). The second phase would extend Overland Drive from Enterprise Circle West to Diaz Road with a bridge over Murrieta Creek. On June 12, 2012, the City Council approved funding for the proposed construction of Phase I of the Project as part of its approval of the Capital Improvement Program and Budget. D. Specifically, the City seeks to purchase the following real property interests on the larger parcel (these real property interests are referred to below collectively as the "subject property interests") to construct Phase I of the Project: • An approximate 840 square foot permanent easement for public street purposes and all uses necessary or convenient thereto described on Exhibit "A" labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit "B" labeled "Easement for Road Purposes — Lot 16". • An approximate 2,445 square foot temporary construction easement with a term of 18 (eighteen) months to facilitate the construction of Phase I of the Project. The temporary construction easement is described more particularly on Exhibit "A" labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit "B" labeled "Temp. Construction Easement — Lot 16". E. The City has extended to Owner a written offer to purchase the subject property interests based on an independent appraisal prepared on behalf of the City by Robert Perdue, -1- MAI and Richard Russell of Perdue and Roth Real Estate Appraisal ("City's independent appraisal"). The City offered to purchase the subject property interests for the $91,847 fair market value opinion of the City's appraisers based on a date of value of February 7, 2011. This amount does not include compensation for any loss of business goodwill, precondemnation damages, loss of rent or any other claims for just compensation except for the City's appraised fair market value of the subject property interests, including site improvements and severance damages. The City's summary appraisal statement is attached as Exhibit "C" hereto and incorporated herein by this reference. This amount does not include reimbursement for relocation benefits. F. As of the date of this Agreement, the Owner has not accepted the City's offer to purchase the subject property interests. G. The City's position is that any delay in the start of construction of Phase I of the Project is contrary to public interest. H. Accordingly, the parties have agreed to enter into this Agreement to allow the City to proceed with construction of Phase I of the Project and to authorize the City's possession and use of the subject property interests as provided herein. OPERATIVE PROVISIONS Now, therefore, in consideration of the City's payment to Owner as set forth in this Agreement and in consideration of the foregoing recitals and mutual promises, covenants and other conditions set forth herein, the City and Owner agree as follows: 1. Right to Possession of Subject Property Interests. a. Owner grants to the City and its contractors, agents, representatives, employees and all others reasonably deemed necessary by the City, the irrevocable right to exclusive possession, use and occupancy of the subject property interests, including but not limited to, the right to conduct any hazardous materials testing required by the City; the right to remove and dispose of any and all improvements within and/or straddling the right of way; and the right to construct Phase I of the Project in the area of the subject property interests. b. The City shall have the right to possess, occupy and use the subject property interests 14 calendar days after it mails written notice to the Owner of the City's intent to possess and use the subject property interests for the construction of Phase I of the Project ("Commencement Date"). The 14th calendar day after the City mails the written notice to the Owner of the City's intent to possess and use the subject property interests is referred to below as the `Effective Date of Possession." 2. Just Compensation and Appraisal. Owner acknowledges that the City extended to Owner a written offer to purchase the subject property interests for the sum of $91,847 ("Compensation Amount"), which is the total compensation set forth in the City's independent appraisal. The Parties agree that the deposit of the Compensation Amount into an escrow account pursuant to this Agreement shall be equivalent to a deposit and payment under California Code of Civil Procedure section 1255.010 and that the basis for such deposit and -2- payment, including but not limited to any appraisal, shall be governed by Code of Civil Procedure section 1255.060. Accordingly, the Parties agree that the Compensation Amount may not be admissible as evidence in any trial on the issue of compensation and further agree that any appraiser who prepared the City's independent appraisal report or any statement concerning the deposit of the Compensation Amount into escrow may not be called to testify at any such trial on the issue of compensation unless the City designates said appraiser as its expert witness. 3. Deposit and Withdrawal of Just Compensation in Escrow. a. The City agrees to open an escrow with First American Title Company ("Subject Escrow") in connection with the City's proposed purchase of the subject property interests within five business days of the Effective Date of this Agreement. The City will provide to Owner the escrow number as soon as it is available. The City shall deposit the Compensation Amount into the Subject Escrow within 15 business days of the Effective Date of this Agreement. b. In consideration for Owner's irrevocable grant to the City of possession and use of the subject property interests, the City will consent to the Owner's withdrawal and release of the Compensation Amount from the Subject Escrow as set forth in this Agreement. Owner agrees to provide written notice to the City when it requests the withdrawal of the Compensation Amount from the Subject Escrow. Owner's withdrawal from the Subject Escrow of any portion of the Compensation Amount shall constitute the Owner's waiver, by operation of law, of all claims and defenses in any eminent domain proceeding for the acquisition of the subject property interests, except for a claim for greater compensation, consistent with Code of Civil Procedure section 1255.260. The payment and withdrawal from the Subject Escrow of any portion of the Compensation Amount shall be credited to the City in relation to the final compensation amount that the City pays pursuant to any negotiated agreement or settlement between the Parties for the City's acquisition of the subject property interests, or stipulated judgment, award or verdict of just compensation in an eminent domain proceeding filed by the City to acquire the subject property interests. 4. Liens and Encumbrances. Owner represents that title to the approximate 840 square foot permanent easement portion of the subject property interests is free and clear of all liens and encumbrances or that Owner will obtain proper releases from parties that have an interest in the subject property interests before Owner withdraws any portion of the Compensation Amount from the Subject Escrow. If Owner is not able to obtain such releases, Owner will cooperate with the City to obtain through Escrow proper releases from parties that have an interest in the subject property interests. a. Partial Reconveyance or Subordination of Deed(s) of Trust. Owner agrees to obtain a partial reconveyance or subordination of deed(s) of trust from the beneficiary or beneficiaries of any deed(s) of trust recorded against the larger parcel so that the City's interest in the approximate 840 square foot permanent easement is free and clear of any monetary encumbrances. (i) Consents to Possession and Use Agreement by Lessees of Larger Parcel. Owner covenants and agrees that within fifteen (15) business days of the Effective Date -3- of this Agreement, Owner will either (i) warrant that pursuant to the terms of the leases between Owner and lessees of the larger parcel, the lessees have no interest in the subject property interests or a right to compensation for the subject property interests and in such case Owner will indemnify City up to the amount of Compensation Amount provided by the City pursuant to this Agreement, or (ii) obtain in writing a consent from the lessees of the larger parcel to the City's use and possession of the City's subject property interests in substantially the form attached as Exhibit "D" hereto. 5. Payment of Reasonable Costs of an Independent Appraisal Pursuant to Code of Civil Procedure section 1263.025. Pursuant to Code of Civil Procedure section 1263.025, the City agrees to pay Owner's reasonable costs, up to $5,000, for an independent appraisal of the subject property interests. By law, an appraiser licensed by the Office of Real Estate Appraisers must prepare the independent appraisal. The City will issue a warrant payable to Mark McMillin LLC for the reasonable costs, up to $5,000, for an independent appraisal within ten calendar days of (i) receipt of an invoice from the appraiser identifying the property that is the subject of the appraisal and the fee charged for the appraisal, or (ii) a declaration by the Owner providing the relevant information under penalty of perjury. The form of the Owner's declaration is attached as Exhibit "E" to this Agreement. 6. Temporary Construction Easement. a. Term. The City's use of the approximate 2,445 square foot temporary construction easement will commence on the Effective Date of Possession as defined above in operative provision 1.b. The term of the temporary construction easement is for 18 months from the Effective Date of Possession. The temporary construction easement will expire on the earlier of (i) 18 months from the Effective Date of Possession, or (ii) the date on which the City records a Notice of Termination of the temporary construction easement in the Official Records of the County of Riverside and provides written notice to Owner of same if a Grant of Temporary Construction Easement was previously recorded against the larger parcel by the Parties in the Official Records of the County of Riverside. Upon the expiration of the temporary construction easement as provided above, the City agrees to take such actions as reasonably required to evidence and give effect to the extinguishment of the temporary construction easement and the relinquishment of the City's rights and interests in the temporary construction easement pursuant to this Agreement. b. Damage to Improvements in Area of Temporary Construction Easement. The City agrees that any work done in the area comprising the approximate 2,445 square foot temporary construction easement will be performed in a good and workmanlike manner. The City further agrees that it will replace with material of like kind and quality any improvements, landscaping or irrigation located in the area of the approximate 2,445 square foot temporary construction easement damaged in connection with the City's construction of Phase I of the Project. 7. Indemnification, Waiver and Insurance. a. The City, to the maximum extent allowed by law, will indemnify, defend and hold Owner harmless from and against any and all claims, liabilities, damages, losses, costs -4- and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by Owner as a result of the City's use of the subject property interests for the construction of Phase I of the Project. b. Upon receipt of a written request from Owner, the City will provide Owner with lien waivers following completion of the construction of Phase I of the Project from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights as a result of the City's use and possession of the subject property interests. Such lien waivers will be in the form and substance reasonably satisfactory to Owner and its counsel. To the extent permitted by applicable law, the City hereby indemnifies Owner from and against any claims or demands for payment, or any liens or lien claims made against Owner or the larger parcel as a result of the City's use of the subject property interests for Phase I of the Project. c. Prior to entry onto the subject property interests, the City shall and shall cause the City's contractors or agents constructing Phase I of the Project to procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to the City covering the construction of Phase I of the Project on the subject property interests with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000.00, and to deliver to Owner a certificate of insurance and copy of additional insured endorsement naming Owner as a named additional insured, evidencing that such insurance is in force and effect, and evidencing that Owner has been named as an additional insured under said policy with respect to the construction activities on the subject property interests in connection with Phase I of the Project. Such insurance shall be maintained in force throughout the term of this Agreement. 8. Sale or Assignment of Subject Property Interests. From and after the Effective Date, any sale, assignment, encumbrance or other transfer of all or any portion of the subject property interests shall be subject to this Agreement. Owner agrees that any agreement to sell, assign, encumber or transfer all or any portion of the subject property interests to a third -party will include that such sale, assignment, encumbrance or transfer is subject to this Agreement. Owner agrees that it shall notify the City within 15 business days of any sale, assignment, encumbrance or transfer and confirm that Owner has complied with this Operative Provision 8. 9. Negotiated Acquisition. Owners have informed the City that they wish to defer the continuance of the good faith negotiations for the City's purchase of the subject property interests until the construction of Phase I of the Project is completed because they wish to determine the damages, if any, to the remainder parcel after the construction is completed. The Parties agree and acknowledge, however, that they will negotiate in good faith to reach a negotiated agreement for the City's purchase of the subject property interests prior to the completion of the construction of Phase I of the Project if the Owners determine that they would like to continue the negotiations prior to said completion of construction. If the Parties reach a negotiated agreement for the City's purchase of the subject property interests, the Parties would enter into a Purchase and Sale Agreement or Settlement Agreement to memorialize the terms of said agreement. In such case, the Owner would execute a Grant of Easement granting to the City the approximate 840 square foot permanent easement for public purposes and a Grant of Temporary Construction Easement granting to the City the approximate 2,445 square foot -5- temporary construction easement with a term of 18 months in the forms attached hereto as Exhibits "F" and "G". 10. Eminent Domain. a. 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, including Phase I of 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 Owner and the City do not reach a negotiated agreement for the City's purchase of the subject property interests, City staff will recommend to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the subject property interests in accordance with the Eminent Domain Law. Under the Eminent Domain Law, the City Council has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with applicable law, including Government Code section 7260 et seq. and the Eminent Domain Law. b. This Agreement is made with the understanding that City and Owner will continue to negotiate in good faith to reach an agreement on the City's acquisition of the subject property interests by negotiated acquisition. This Agreement shall continue in effect until either a settlement is reached or a Final Order of Condemnation under section 1268.030 of the California Code of Civil Procedure is entered by the court and recorded by the City. c. The Parties agree and acknowledge that in the event the City and Owner do not reach a negotiated settlement in connection with the City's acquisition of the subject property interests within 180 days of the completion of the construction of the Project in the area of the subject property interests, the City may commence an eminent domain proceeding. Owner reserves all of its rights regarding the payment of just compensation in any such eminent domain proceeding. Owner, however, agrees not to object to the City's filing of any such eminent domain proceeding to acquire the subject property interests by eminent domain. In any such proceeding, Owner will not challenge the City's right to take or assert that the City's use of the subject property interests for the construction of the Project is an unlawful taking. The Owner agrees that the only issue in any such proceeding will be the amount of just compensation that the City will pay for the subject property interests, including, but not limited to any claims for mitigation, costs to cure, precondemnation damages, and the fair market value of the subject property interests. d. If the City fails to file an eminent domain proceeding within 360 days of completion of the construction of the Project in the area of the subject property interests, then Owner shall be entitled to file an inverse condemnation proceeding. City agrees that in any such -6- inverse condemnation proceeding, the only issue shall be the amount of just compensation owed by the City to Owner and City shall not challenge liability. This provision, however, does not impact the City's rights on the issue of liability for precondemnation damages or to dispute Owner's entitlement to such damages in any such inverse condemnation proceeding. e. The Parties agree that if the City files an eminent domain proceeding to acquire the subject property interests, the City's final offer prior to trial will not be less than the Compensation Amount plus statutory interest and costs authorized by the Eminent Domain Law. The Parties acknowledge that Owner requested this provision as consideration for its grant to the City of the right to possess and use the subject property interests pursuant to the terms of this Agreement. 11. Date of Valuation. The parties agree that in any eminent domain proceeding filed by the City to acquire the subject property interests, the date of valuation for determining the amount of just compensation for the subject property interests would be the date on which the City files the Complaint in Eminent Domain. 12. Interest. If the City files an eminent domain proceeding to acquire the subject property interests, any compensation awarded in an eminent domain proceeding shall draw interest as prescribed by California Code of Civil Procedure section 1268.310, et seq. The Owner would be entitled to receive interest on any sum received as just compensation whether pursuant to this Agreement, a subsequent settlement or court judgment, beginning on the Effective Date of Possession described above in operative provision 1.b. and ending on the earliest of the dates as provided in Code of Civil Procedure section 1268.320. The Parties, agree and acknowledge, however, that the interest on any portion of the Compensation Amount that is withdrawn by Owner will end on the date on which Owner withdraws such portion of the Compensation Amount from the Subject Escrow because Owner is entitled to use said funds on the date of withdrawal. Interest shall accrue on the Compensation Amount from the date of deposit to the date of withdrawal as prescribed by California Code of Civil Procedure section 1268.310, et seq. 13. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested or by Federal Express. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one 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: City of Temecula 41000 Main Street Temecula, California 92590 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 -7- Grantor: Mark McMillin LLC 509 Avon Street Anaheim, California 92804 Copy to: Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP Attention: Michael I. Kehoe 2603 Main Street, # 1300 Irvine, California 92614 14. Miscellaneous. a. Authority to Execute and Bind. Each party represents and warrants that each of the persons executing this Agreement has full and complete legal authority to do so and thereby binds the party to this Agreement. b. Entire Agreement. This Agreement reflects the entire agreement between the City and Owner regarding the City's proposed acquisition of the subject property interests, and shall supersede all prior or contemporaneous oral or written understandings, statements, representations or promises between the City and Owner concerning the matters contained herein. c. 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. d. Legal Representation. The Parties, and each of them, 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 the 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 which are the subject of this Agreement. e. Successors in Interest and Assigns. This Agreement will extend to, bind and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Parties. f. Understanding ofAgreement. This Agreement has been negotiated in good faith and each party warrants and represents that in executing this Agreement, it is not -8- relying on any representation, promise, inducement or statement made in negotiation that is not included in the terms of this Agreement. g. Fees and Costs. Except as set forth in operative provision 5 above, each party shall bear its own costs, including, but not limited to attorney and expert fees, arising out of negotiating this Agreement. This provision does not limit or waive in any way Owner's right to payment of litigation expenses in connection with any eminent domain proceeding brought by the City for the subject property interests to the extent that Owner establishes entitlement as otherwise provided by law to such litigation expenses, including but not limited to attorney's fees, experts' fees, costs and other allowable expenses or in connection with any inverse condemnation proceeding brought by Owner. It also does not impact the City's rights, if any, under Code of Civil Procedure section 1250.410 to present evidence to establish that any defendant in an eminent proceeding filed by the City regarding the subject property interests has not met the criteria for obtaining litigation expenses. h. Partial Invalidity/Severability. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or enforceable, the remainder of the Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or enforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. i. Amendment to Agreement. This Agreement may only be amended by written agreement, executed by all Parties. j. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. k. Memorandum of Agreement. The City shall record in the official records of the Riverside County Recorder's Office a Memorandum of this Agreement in the form attached as Exhibit "H" hereto. SIGNATURES ON NEXT PAGE -9- Mark McMillin LLC, a California Limited Liability Company Dated: 1 Dated: Approved as to form: PALMIERI, TYLER, WIENER WILHELM & WALDRON LLP Michael I. Kehoe o eys for Mark McMillin LLC CITY OF Temecula, a municipal corporation Dated: ATTEST: Gwyn R. Flores, Acting City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney -10- By: Title: By: Title: By: Maryann Edwards, Mayor February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR ROAD PURPOSES (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53°38'28" EAST (NORTH 53°38'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'07" A DISTANCE OF 30.97 FEET; THENCE LEAVING SAID LINE NORTH 79°57'39" WEST A DISTANCE OF 35.59 FEET; THENCE SOUTH 52°46'53" WEST A DISTANCE OF 129.84 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 34°16'24" WEST (NORTH 34°16'35" WEST PER SAID MAP) A DISTANCE OF 1.78 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 16; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 NORTH 51°39'19" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 154.89 FEET TO THE POINT OF BEGINNING. CONTAINING: 840 SQ. FT. OR 0.019 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: /' �',,r► >,+ /� R PL MMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) NO. 6641 date 12-31-11 C LEGEND vile INDICATES EASEMENT FCR ROAD PURPOSES AREA = 840 S4. FT OR 0.019 ACRE POB ,INDICATES POINT OF BEGINNING INDICATES RECORD DATA PER TRACT 16178-3 INDICATES RADIAL BEARING LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 2Q 1987 EASEMENT TO GENERAL TELEPHONE CO. PER INST. Na 117514, RECORDED APRIL 29, 1987 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" EASEMENT FOR ROAD PURPOSES LOT 16 (OVERLAND DRIVE) VICINITY MAP NO. 6641 Exp. date 12-31-11 REX S. PLUMMER NO. 6641 EXP. DATE 12-31-11 SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS PlannlnQ 1 Engineer -Ina 1 tiSsurszepy 701 B Street, Suits 800 819.236.8471 Tel Sass Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: 1 / 4 115,3'38'28V132 (N53'38'37'E) EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Ptanntr g 1 Enptn®mring I Survey 701 B Sheet, Stile 800 919.236.8471 Tel San Diego, CA 92101 819.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 10=100' JOS NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 _ 134'07' 96200' 30.97' LINE TABLE UNE BEARING LENGTH LI N3476'24"W (N34'16'35"W) 1.78' 14\ TRACT MAP NO, 18178 \ 1(3 L1 215 N5338'28T(R) N5318137.0 / i (4, r 1061‘, Nbikl" 13 TRACT EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) NO. 16178-3 15 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Enpinssrinp 1 Survetiy 701 B Surat, Suite 800 San Dego, CA 02101 619.234.0349 Fax 819236.6471 Tei DATE: FEBRUARY 8, 2010 SCALE: 1 "=30' JOB NO.: February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) PER SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53°38'28" EAST (NORTH 53°38'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'07" A DISTANCE OF 30.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°15'09" A DISTANCE OF 4.26 FEET; THENCE SOUTH 34°16'16" EAST (SOUTH 34°16'35" EAST PER SAID MAP) A DISTANCE OF 6.47 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 55°43'44" WEST A DISTANCE OF 10.49 FEET; THENCE NORTH 79°57'39" WEST A DISTANCE OF 29.03 FEET; THENCE SOUTH 52°46'53" WEST A DISTANCE OF 124.05 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID LINE NORTH 34°16'24" WEST A DISTANCE OF 15.02; THENCE LEAVING SAID LINE NORTH 52°46'53" EAST A DISTANCE OF 129.84 FEET; THENCE SOUTH 79°57'39" EAST A DISTANCE OF 35.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2445 SQ. FT. OR 0.056 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART H EREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. ZA/4 PLUM ER, PLS 6641 DATE Y LICENSE EXPIRES 12-31-2011) NO. 6641 date 12-31-1 LEGEND ® INDICATES TEMPORARY CONSTRUC77ON EASEMENT AREA = 2445 SO. FT. OR 0.056 ACRE POC INDICATES POINT OF COMMENCEMENT 7PAB INDICATES TRUE PONT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING ® LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 ® EASEMENT 7O GENERAL TELEPHONE CO. PER INST. NO. 117514, RECORDED APRIL 29, 1987 11 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) VICINITY MAP REX S PLU MER NO. 6641 DATE EXPDATE 12-31-11 SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Ptasnntng 1 Engine®ring 1 Survoy 701 B Strut, SIS 800 San Diego, CA 92101 619.236.8471 Tel 819.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE N.T.S. JOB NO.: 18 20 19 TRAC 17 21 15 15 •k. 12 2 N04\ 23 14 24 20' 20' 5' 26 15178 a 4* -‘sib 16 13 4 '28NE(f2 (N53'38'37°E) • 16 ) TRACT 12 NW EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) 14 MAPV 11 8-3 9 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS PlaannIng 1 Einglrodaering 1Survey 701 B Street. Suite 800 San Diego, CA 92101 819.234.0349 Fax 619235.8471 Tel DATE: FEBRUARY 8, 2010 SCALE: 1"=100, JOB NO.: CURVE TABLE CURVE DELTA RADIUS LENCTN C1 1 5©'©7" 967.00' 30.97' C2 075'09' 967.00' 4.26' UNE TABLE UNE BEARING Ll S3416'16'E (N3476'35"W) 6.47' 14 i TRA CT MAP NO, 18178 25 N53 338'28"E(R) (N53'38'37"E) 13 TRACT EXHIBIT"6" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) DATE: FEBRUARY 8, 2010 SCALE: 1 m=30' NO. 16178-3 i6 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street, Suite 800 819.236.8471 Tel San Diego, CA 02101 819.234.0349 Fax JOB NO.: APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building This Appraisal Summary Statement, which summarizes the Basis of Valuation, has been prepared by Robert Shea Perdue, MAI, CREA, and Richard T. Russell, CREA, of Robert Shea Perdue Real Estate Appraisal, in compliance with 49 CFR, Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, and Government Code Section 7267.2, Eminent Domain Law of the State of California. Basis of Appraisal. The fair market value for the property to be acquired is based upon an appraisal prepared in accordance with accepted appraisal principals and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized, as appropriate. Full consideration is given to zoning, development potential, and the income the property is capable of producing. PUBLIC USE FOR WHICH THE PROPERTY IS TO BE ACQUIRED PURPOSE OF APPRAISAL: INTENDED USE: IDENTITY OF THE CLIENT: STATEMENT OF OWNERSHIP: SUBJECT PROPERTY ADDRESS: ASSESSOR'S PARCEL NUMBER: LEGAL DESCRIPTION: PROPERTY HISTORY: PRESENT USE: Murrieta Creek Bridge and Overland Drive Extension Project To provide an estimate of fair market value of the whole property and the property to be acquired as of the effective date. The fee simple valuation is exclusive of any personal property (i.e., non -realty items), business value, trade fixtures, goodwill, leased fee or leasehold value. To provide a written statement in compliance with Government Code Section 7267.2 as the basis for an offer of just compensation The law firm of Richards Watson & Gerson, as City Attorney for the City of Temecula Mark McMillin LLC, a California Limited Liability Company 27511 Commerce Center Drive, Temecula, CA 92590. 921-480-032 LOT 16 OF TRACT 16178-3, AS SHOWN BY MAP ON FILE IN BOOK 160 PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA There have been no third -party conveyances of the subject property in the 3 -year period preceding the date of value. The subject 4 -tenant building is occupied by three tenants including a wholesale car dealer, an automobile glass specialist, and a medical supply distributor. One space is vacant. APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building EXHIBIT "C" Page 1 of 3 HIGHEST AND BEST USE: TOTAL PROPERTY AREA: LARGER PARCEL: PROPERTY CONSIDERED FOR ACQUISITION: BASIC PROPERTY DATA INTERESTS VALUED: EFFECTIVE DATE OF VALUE: APPLICABLE ZONING: REASONABLE PROBABILITY OF A CHANGE IN ZONING IMPROVEMENTS: PHYSICAL LIMITATIONS: VALUATION (Larger Parcel) SALES COMPARISON ANALYSIS: PRINCIPAL TRANSACTIONS: REPLACEMENT COST ANALYSIS: PRINCIPAL TRANSACTIONS: CAPITALIZATION ANALYSIS: As If Vacant: for development of a single or multi - tenant light industrial or service commercial building. As Improved: Continue use of the existing improvements as a multi -tenant or owner -occupied light industrial building. 6,820 square feet of improved building area 19,602 square feet of land area (0.45 acres) Easement for Street right-of-way of 840 square feet and Temporary Construction Easement of 2,445 square feet Larger Parcel: Fee Simple Estate Acquisition Area: Easement for street right-of-way and Temporary Construction Easement February 7, 2011, the date of the most recent property viewing City of Temecula: SC (Service Commercial) Not likely The Larger Parcel is improved with an average to good quality 1 -story, multi -tenant light industrial building with a gross building area (GBA) of 6,820 square feet. The concrete tilt -up structure was built in 1987 and has approximately 2,300 square feet (34%) of improved office and showroom areas. It has concrete -paved parking and driveway areas with 20 off-street parking spaces. None noted $853,000 $853,000 See Attachment 1 (Improved Sales) $791,000 See Attachment 2 (Land Sales $653,000 APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Page 2 of 3 FAIR MARKET VALUE OF REQUIRED PROPERTY TOTAL PERMANENT PROPERTY RIGHTS SEVERANCE DAMAGES: BENEFITS: NARRATIVE EXPLANATION SUPPORTING COMPENSATION, INCLUDING OFFSETTING BENEFITS: TEMPORARY CONSTRUCTION EASEMENT: CONTRIBUTORY VALUE OF SITE IMPROVEMENTS: TOTAL PERMANENT AND TEMPORARY PROPERTY RIGHTS: APPRAISAL FIRM: PREPARED BY NAME NAME DATE: $18,446 $69,000 $0 (See Attachment 3) $4,401 $o $91,847 Robert Shea Perdue Real Estate Appraisal Robert S. Perdue, MAI Certified General Appraiser State of California OREA No. AG006362 Richard T. Russell Certified General Appraiser State of California OREA No. AG009705 February 15, 2011 DEFINITION OF FAIR MARKET VALUE (See Code of Civil Procedure 1263.320, a & b) (a) The fair market value...is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy under no particular necessity for doing so, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Page 3 of 3 ATTACHMENT 1 APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building MARKET DATA SUr.IMARY Sales of Corrparade Light Industrial Buildings rla, Address API! Buyer Seller Sale Date) Doc. No.) Sale Price Bldg. Area (SF) Price +SF of GBA Subject Multi -tenant light industrial building N.A. 2/7/2011 - 6,820 - 27 512 Commerce Center Onve / (D.O.V.) Temecula 921-480-0 32 Mark M cM illin, LC 1 27590 Cumin cue Genie! Dr. Buukalliei 4212009 51,032,954 8,398 8123,00 Temecula / 4161558 Vance Living Trust 921-4 00-049 2 42 363 Avenida Alvarado MareneJames 7f172O09 5890,900 8,180 5109.18 Temecula 1 4371294 RIF IV -Avenida 91)9-2 51-023 Alvarado LLC 3 26157 Jefferson Avenue Williams 218/2010 5730,500 7,304 5100.01 M i l meta 1 407 4155. East Cedar Street LLC 91 0480-015 4 42182-84 Remington Ave. Rosseau Fam Living Tr. 4292009 5490,000 5,302 $92.42 Temecula / 4209634 Remington Bus. Center 909-371-08 5 42148 Remington Avenue Craig 10128/2009 5440,000 4,822 591.25 Temecula J 4E5681 9 Galan en s T rust 909-371-016-- 6 32835 Temecula Parkway, Bldg. 2 Wessels 2232010 5560,000 6,400 $87.50 Temecula J 4626582 Arrov,head Central 960-330-002 Credit Union 7 26530 AdamsAve., Bldg. 2 Life Care Residences, inc. 47152010 3413.230 4,80` 386.00 Murrieta District 4172592 J 909-351-045 Ziegler 8 42206-12 Remington Ave, Unit 3C Willis F am ily T rust 31512010 5410,000 4,802 585.38 Temecula J 4102139 Aurora Bank FSB 909-371-005 9 41213 Sandalvood l.lurrieta StarPfops 12!82009 5696,830 8,198 $85.00 M u meta 3162951 5 Invigorate LLC 91 0-38 0-044 1 0 41570 Reagan Way Hicks 5/312010 5675,000 7,933 586.09 MaMet a J 4202796 Cherry Street Haemes 909-380-008 Park 11 41606 Date St, 4205 Deluz Community Ser. 1)872010 5482,500 5,696 384.71 Murrieta 0 istrid 4008804 ) 909-353-027 Black, Mize, et.al. 12 26540 Adams, Building 3 Creek side Assoc. 11;20/2009 5389,000 4,787 381.26 Murrieta J 450450E Id cCa rthy Family Trust 4n0.751J1AR APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building ATTACHMENT 2 APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building 1LiRKEI DATA SUALVARSI" Ear, galls- of Can-parble Lail Sibs 114.TA LOCATION :APN NO PARCEL S1lE ZONE BUYER. fsF 4 CNE S! c.E ILER SALE D ITE I1OC 'O SALE PRICE PRICE iSE Subj: `t 2 511 Cca ,eca C -a -lar Ltive I;, 51 SC NA. . 7 2.11 - Saud: 'ed Sita al Ot=ria,'id Drise Sc vice (DCA' ) T edits L L 12s ' 445 Ctffimn.: i v' Indas tsiil { &R ^ Mad: MatillitsLLC _ - 1 135873scsan. 514X1 CC Fmk & Easy Property 19152719 51.756,,.06 $2& weadderfMtn easouth odlackszt Commuit. CdLLC 51135E 111111.6 141 __311!&1LG1 9+9-533-993 Palm ilia_ LP 2 32214,71irtatKeit. RdPad D 17.443 C -1C -P Vela CesnEriansLIP^. 5111.2092 5754.096 X7.84 Fast oiler ItetwgtI-15 and Palmar Crfferal 25'76+ 'Wild= as 453 Camscerccl ?.•k.SP.'apsai 3E9434931 Citi 'LKzid' LLC 3 419190 St 43,553 IP -2 Gear m &Y3smre Ads= 72';2669 $1.063.466 $21.96 East of I-215 _frc:i• at SL -4: P.oad SC On. Plat deo ft3 $84; Tma sails. 912-X9- I with CID fos auto M1GI?_lii s I'd Shugt.t?Family Lisa 4 41436Sar_hcn_ Ave 5%02 S+C is aider Pou: d et lid t* ;27 i 51.473,303 `5196 SWC et Ua& or 4..va_.:ue Pfeil 15: .535153 Ida ec11a 154 91,6-272-i o-, (n5s pation cf 91S, 71-031 Hct! Inseam a,G. LP 4t aL 5 25565 }•dfessaet. CC tE ausiltsszd ate '1515 RP Oiallsel -312105 S1.599...93,9 52,0.36 tetwaan Ern. add PI0Cd Chamd x:9534 Mvarer 99E-390-915 159 1. fuamhltrfietPtasILC, i[115m Femme 5 145rtast;cor of31---d is ):tca 4 2e.:.GaidE:CiepId.0 12'31.2997 S720,092 $1:.M alit Gold.= Cate rr im (Irducsial Rosiness 1,555055 Mt+seta 16' Car *Ix) diraKr& Shod: 91G:10,";} 7 SM Wisrhe`3.ff PcEd me. .nnlake 32272 1P Am ffi,anAgCredit 212.647E $7'L599 $14.76 Tm scats (Indust i=1 Pa 65 55514 12 Cisgl a 934-353-219 E &sn_l4cot onof:Madam Ate&Ell) St 45.732 MCI -2 1E1 115.2098 5550.099 $12.43 h[b:Pr ¢rellSetl) 1.22414 y16-213z1P 145 Faseee 9 34P55 Walt Rd. Pt 996 RP PtFsis. u Haspel of 4:1269 51.661.954 Me .cr.1 cwras at F car.Du=.1.atle (81.6ire.asPzac.) hhmiattLLC =1:4255 hLvmkm '215 3E4 -240,60E Raided 16 1,7"C Marra: 3w- $ Fig Streat 165,415 MU Muffled E.ducadvnCo:tet 52:.2069 S ti664 $5.17 arnd watt ids of I-15 kaki: rid; ACE Otoala LLC. 4152E1 hl7irf to 242 (Rmiram. Cmidor) ;16-9.4609 Sttxt.Etal3 11 asso SR- 7EN5sts rnTtlQ 210E30 Spa: Vic Plan CRC 1212661 5L)24.604 $5-@t Tec3tmizey'Dfi'on with CIA? fot (55.=m atd 257457 Teni(Arida Otadmad Edasea) 484 ma/dim and 957 -33Z -03T = ki-OIZA VPI hUarizrOtTiceLLC APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building ATTACHMENT 3 VALUE OF THE LARGER PARCEL "BEFORE" THE ACQUISITION All three of the traditional valuation approaches were used to estimate the fair market value of the fee simple estate of the Larger Parcel, absent the public project. These approaches include the Sales Comparison Approach, the Cost Approach and the Income Capitalization Approach. In the Sales Comparison Approach, 12 sales of light industrial buildings were used to arrive at an indication of fair market value. The market data used for analysis are compared with various characteristics of the larger parcel, with adjustments made for items of dissimilarity, The unit of comparison is the sales price per square foot of building area, which is the most reliable method of comparison for this type of property. The adjustment analysis is conducted on both a quantitative and qualitative relative comparison analysis. A bracketing technique is used to place the Larger Parcel within the value range of the comparable sales. The elements of comparison considered in the adjustment process include: property rights conveyed, financing, conditions of sale, expenditures made immediately after purchase, market conditions, location, size, age and condition, quality and appeal, accessibility, parking ratio, ceiling height, and site coverage. The value of the Larger Parcel will be within the price range of the market data. Sale prices for the comparable improved sales range from $81.26 to $123 per SF for buildings ranging in size from 4,787 to 8,398 square feet. The price at the upper -end of the range is an April 2009 sale for a single tenant building used as an auto body shop by an affiliate of the buyer. The low end of the range is represented by the November 2009 sale of a newer industrial condominium in Murrieta. Also considered were four transactions of buildings used for commercial uses. These sales occurred between November 2008 and June 2010 and sold at prices ranging from $115.01 to $198.41 per SF for buildings ranging in size from 4,095 to 10,434 SF. Buildings with sale prices at the high end of the range were used as offices. The building at the low end was used as a church. After consideration of the Larger Parcel attributes, a value of $125 per SF of building area was estimated for the subject. Multiplying $125 times the subject's 6,820 square feet of building area results in an indication of value rounded to: $853,000 by this method. The Cost Approach was based an estimate of the depreciated cost of the improvements added to the estimated land value, as if vacant. Cost information was obtained from Marshall & Swift with additional sums added for taxes during construction, loan points and fees, and entrepreneurial profit. After analysis, the Replacement Cost New for the subject, before depreciation, was estimated at $874,888. From this amount was deducted a lump sum estimate Cor accrued depreciation using the Age/Life method. The subject improvements were constructed in 1987 and are rated as being in average to good condition overall. They have an estimated effective age of 20 years out of a 55 -year life expectancy. Therefore, they are 20 55 or, 36.4% depreciated. The depreciated cost of the subject is therefore $874,888 less 36.4% ($318,459) or $556,429. Land Value was estimated through the Sales Comparison Approach, which based on 11 sales of vacant industrial -zoned lots in the surrounding areas of Temecula and Murrieta. The land sales sold at prices ranging from $5.69 to $28.49 per square foot for properties ranging in size from 27,443 square feet (0.63 acre) to 210,830 square feet (4.84 acres). As with the improved sales, a bracketing technique is used to place the Larger Parcel within the value range of the comparable land sales. The elements of comparison considered in the adjustment process include: property rights conveyed, financing, conditions of sale, expenditures made immediately after purchase, market conditions, location, size, site utility, zoning, visibility, and accessibility. The value of the Larger Parcel will APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Attachment 3, p. I be within the price range of the market data. After consideration of the Larger Parcel attributes, a value of $12 per SF of land area was estimated for the subject. Multiplying $12 times the subject's land area of 19,602 square feet results in an estimate of land value rounded to: $235,000. Adding the estimated land value of $235,000 to the depreciated cost of $616,722 results in an indication of value for the subject Larger Parcel by the Cost Approach rounded to: $791,000. The Income Capitalization Approach is concerned with a property's capacity to generate net income. In this approach, the current income from the subject's three tenants together with the asking rent for the vacant space was analyzed and compared to the rent being paid by similar tenants in the market place through an informal survey. Based on this survey, the subject's rental income was felt to reflect the market expectation for similar multi -tenant light industrial buildings in this area. From this projection of gross scheduled income was deducted an allowance for stabilized vacancy along with the operating expenses expected to be incurred by a third -party investor. The estimate of Net Operating Income (NOD is $42,476. To this estimate ofNOI is applied an overall capitalization rate which is derived from the market data and from investor expectations. For this analysis, an overall rate of 6.5% was selected. Dividing the estimated NOI of $42,476 by the 6.5% Overall Rate results in an indication of value by this method of $653,000. Reconciliation is the last phase of the valuation process and involves an analysis that considers the applicability, relative significance, and defensibility of each of the indications of value. It relies most heavily on the approach that is most appropriate to the nature of the assignment. In this case, primary reliance was given to the Sales Comparison Approach with secondary reliance to the Income Capitalization Approach. The Cost Approach was used as a gauge to test the reasonableness of the two approaches and to provide an estimate for the underlying land value. Therefore, the final estimate of fair market value for the Larger Parcel as of February 7, 2011, and before the acquisition is: $853,000. NARRATIVE EXPLANATION OF JUST COMPENSATION Valuation of the Part to Be Acquired The public project requires the direct acquisition of 840 square feet of the subject Larger Parcel for use as a road easement, and a 2,445 SF Parcel for use as a Temporary Construction Easement (TCE). The acquisition area for the road easement is located in a narrow strip along the northwest side of the Larger Parcel. Except for the concrete parking and driveway areas, concrete parking bumpers and landscaping, there are no building structures or other improvements within the acquisition area. (A monument sign advertising tenants at the subject is located immediately northwest on an adjacent parcel). Fee Value for the land only was estimated at $235,000, which is equivalent to $12 per square foot based on the subject Larger Parcel's size of 19,602 square feet. The easement value is calculated at 95% of the fee value and is extended as follows: Fee Value of Acquisition Area (land only): 840 square feet @a $12.00 per SF = $10,080 Easement Value: $10,080 x 95% _ $9,576 APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Attachment 3, p. 2 Site Improvements: The Acquisition Area is improved with landscaping (lawn and ornamental shrubs), and concrete driveways and parking areas. The contributory value of these improvements has been estimated based on their estimated replacement cost and value as associated with the existing light industrial use. The contributory value of these is summarized on the following table. Removal of existing concrete paving: 500 ±SF Contributory value of existing pavetnent striping & concrete bumpers: 4 spaces Estimated contributory value of monument sign Estimated contributory value of lawn & shrubs: Total Contributory Value of Site Improvements $5.50 /SF = $2,750 $30 each = 120 5,000 1,000 $8,870 Summary, Direct Acquisition: Easement Value Contributory Value of Site Improvements Total Direct Acquisition $9,576 8,870 518,446 Valuation of the Remainder Valuation of the remainder before the acquisition is the difference between the value of the Larger Parcel and the value estimate for the Acquisition Parcel. We have relied upon the value of the Large Parcel as concluded in the body of the report. In addition, we have reviewed sales in the After Condition, which support our acquisition analysis conclusion. The value of the remainder parcel is calculated as follows: Value of the Larger Parcel $853,000 Less, value of the Part to be Acquired -18,446 Value of the Remainder as part of the Larger Parcel before consideration of Severance Damages and Benefits $834,554 SEVERANCE DAMAGES In the partial acquisition of real estate, the most reliable measurement of damages is the diminution of market value to the remainder property which results from the acquisition or construction of improvements as planned. Issues considered in this analysis include the impact of the street extension project, if any, on the Remainder Parcel's highest and best use, site utility (parking), and access. The remainder portion of the subject property, in the After Condition, will still be suitable for a multi -tenant light industrial building. However, it will be impacted by the probable removal of one (1) existing parking space at the northerly (front) parking area, and the loss of access from the northwesterly (front) driveway. Although, one o f the two driveways on Commerce Center Drive will be lost, a new rear driveway entrance to Overland Drive will be provided. The loss of the one APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Attachment 3, p. 3 parking space reduces the number of available spaces from 20 to 19. The resulting parking ratio will be 2.78 -spaces per each 1,000 SF (1:359 SF, and 4.75 -spaces per warehouse bay) compared to 2.9 - spaces per 1,000 SF (1:341 SF, and 5 -spaces per warehouse bay) in the before condition. This lower parking ratio is expected to result in slightly lower rent for the building, particularly for Suite A-1, at the building's northwest side (the most directly affected). It could also affect the highest and best use for this suite resulting in a less intensive warehouse or storage use. (Based on 20 spaces and four suites, each suite has five (5) parking spaces. Therefore, Suite A-1 has had its parking reduced from five (5) spaces to four (4). Thus, the subject Larger Parcel, as improved, will suffer damages as a result of the partial acquisition and the construction of the public improvement in the manner proposed. The usual method of measuring damages is by analyzing sales of properties similar to the property under appraisal in the after condition. Unfortunately, after a thorough search of southwest Riverside County industrial sales, no exactly similar sales were found with which to make a meaningful comparison of the subject property through a paired sales analysis. As a result, the estimate of damages was made by capitalizing the net rent loss resulting from the damaged suite. In this case, the subject is expected to have a net loss of one (1) parking space after reconfiguring the parking areas on both side of the structure. Based on this reduction in parking spaces, and resulting lower parking ratio, we have reviewed Temecula Valley industrial rents and interviewed local industrial brokers, property managers, and owners to determine what the impact would be on the subject. From this review, we estimate the rent for Suite A-1 to decline by 33% or $0.41 per SF per month. Rent for the remaining bays (Suites A-2, B and C) are not expected to be affected. It is also anticipated that the vacancy rate will not increase from the stabilized 10% vacancy rate previously estimated for the subject. Based on these assumptions, a projected Net Operating Income of $37,981 is estimated for the subject property in the After Condition. Capitalizing this After Condition Net Operating Income of $37,981 by the same 6.5% Overall Rate used in the Income Capitalization Approach, results in an indication of value for the subject in the After Condition of $584,323 ($37,981 - 6.5% = $584,323.08), which may be rounded to: $584,000. Therefore, the estimate of damages for the subject is the difference in capitalized values of the Before Condition versus the After Condition. This is shown on the following table. Capitalized Value in the Before Condition- $653,000 Capitalized Value in the After Condition- (584,000) Resulting estimate of Damages $69,000 BENEFITS The After Condition analysis indicates severance damages are applicable to the subject. Under California law, benefits may be used to offset damages only. There may be some special or individual benefits accruing to the subject property due to increased safety because of the new traffic signal at the intersection ofCommerce Center Drive and Overland Drive, increased accessibility and exposure of the project, and ease of congestion due to the extension of Overland Drive. However, these benefits, if any, have not been quantified at this time. APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Attachment 3, p. 4 TEMPORARY CONSTRUCTION EASEMENT The acquisition area for the Temporary Construction Easement (TCE) consists of 2,445 square feet of land area to be used as a work area during the construction of the proposed Murrieta Creek Bridge & Overland Drive Extension Project. With an area of 2,445 square feet, the acquisition area for the TCE represents 12.5% of the Larger Parcel. The location of the TCE acquisition area is a 15 ft. wide strip along the southwest side of the acquisition area for the street right-of-way and the northwest side of the Larger Parcel. This area is currently used as driveway and parking areas and as landscaping. The TCE is expected to have some impact by partially restricting vehicular access to the Larger Parcel during the construction period. But, as a temporary easement, the acquisition area will not affect site utility, and only partially restricts access for the duration of the construction project, which is expected to incur a time period of 18 months from the start of construction. From the previous analysis, the fee simple value of the Larger Parcel is estimated at $12 per SF. Multiplying the unit value of $12 per SF by the 2,445 square feet of the TCE acquisition area, results in a fee value for the acquisition area of $29,340 ($235,000 = 19,602 = $12 (rounded); $12 x 2,445 = $29,340). Initial rates of return for vacant land typically range between 8% and 10% for most property types according to published sources including RealtyRates.com, the Korpacz Real Estate Investor Survey, and others. For purposes of this analysis, a rental rate of 10% was selected and then applied to the $29,340 estimated fee simple value for the TCE acquisition area to obtain an annual rent of $2,934. Dividing the annual rent by 12 results in a monthly rent of $244.50. Multiplying the monthly rent of $244.50 times the 18 month period of time needed for the proposed project results in a rental value of $4,401. The landscaping (shrubs, grass and irrigation lines) along the subject's northwest side and a portion of the front corner at Commerce Center Drive that are within the area of the TCE will most likely be affected by the proposed project. However, the City confimred that, as part of the project, it will replace with material of like kind and quality any landscaping, irrigation or improvements located in the area of the temporary construction easement that are damaged in connection with the construction of the project. APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Attachment 3, p. 5 SUMMARY OF CONCLUSIONS OF VALUE Value of the Property as a Whole- $853,000 Permanent Property Rights Value of the Part to be Acquired: Land and Improvements: Land Acquisition (Easement for street right-of-way) $9,576 Site Improvements: Value of concrete paving 2,750 Contributory value of striping & bumpers 120 Contributory value of monument sign 5,000 Contributory value of lawn & shrubs 1,000 Total 18,446 Value of the Remainder as Part of the Whole, before the Acquisition - $834,554 Value of the Remainder after Acquisition and Construction of Improvements - $765,554 Severance Damages $69,000 Benefits 0 Net Severance Damages 69,000 Total Fair Market Value for Permanent Property Rights Acquired 587,446 Temporary Property Rights Temporary Construction Easement $4,401 Contributory value of site improvements (Any landscaping, 50 irrigation or improvements within the area of the TGE that are damaged in connection with the construction of the project are to be replaced by the City with material of like kind and quality) Total Fair market Value for Permanent and Temporary Property Rights Acquired (just compensation) $91,847 APPRAISAL SUMMARY STATEMENT McMillin ownership - Multi -tenant Industrial Building Attachment 3, p. 6 Exhibit "D" Consent of Lessee and Disclaimer of Interest WHEREAS, ("Lessee") is the occupant of the real property commonly known as 27511 Commerce Center Drive, Suite # , Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Property"); and WHEREAS, the record fee owner of the Property Mark McMillin LLC, a California Limited Liability Company ("Owner") has informed Lessee that Owner contemplates entering into a Possession and Use Agreement with the City of Temecula ("City") related to the Property ("Possession and Use Agreement") and that pursuant to said Possession and Use Agreement, the Owner and the City have agreed to the City's possession and use of an approximate 840 square foot area that the City seeks to acquire for a permanent easement and an approximate 2,445 square foot temporary construction easement with a term of 18 months in connection with the City's construction of Phase I of the Overland Drive Extension to Diaz Road Project (PW00-26). The Overland Drive Extension to Diaz Road Project (PW00-26) would extend Overland Drive from Commerce Center to Diaz Road with a bridge over Murrieta Creek. Phase I of the Project would extend Overland Drive to Enterprise Circle West. The Owner has explained to Lessee that the City proposes to construct the Project in two phases and that it requires possession and use of the above-described property interests to construct Phase I of the Project. WHEREAS, Owner has provided to Lessee a copy of the legal descriptions and plat maps identifying the approximate 840 square foot permanent easement area and the approximate 2,445 square foot temporary construction easement with a term of 18 months. True and correct copies of the legal descriptions and plat maps are attached hereto. Lessee hereby consents to the City's entry upon and access to the approximate 840 square foot permanent easement area and the approximate 2,445 square foot temporary construction easement area with a term of 18 months in connection with the City's construction of Phase I of the Project. Lessee hereby disclaims any interest in or to the approximate 840 square foot permanent easement area and the approximate 2,445 square foot temporary construction easement area with a term of 18 months and to the just compensation that the City may pay to Owner for said real property interests. Said Consent of Lessee and Disclaimer of Interest does not waive Lessee's rights, if any, to claim relocation benefits and/or loss of business goodwill as a result of the City's acquisition of the above property interests for Phase I of the Project. LESSEE Dated: Dated: By: Title: By: Title: Exhibit "E" Form of Declaration Regarding Costs of Independent Appraiser Declaration of 1. I declare that I am over the age of 18 and that I have personal knowledge of the facts set forth herein. 2. I have elected to accept the City of Temecula's offer to pay me the reasonable costs of an independent appraisal, up to $5,000, pursuant to Code of Civil Procedure section 1263.025. 3. I have engaged an appraiser licensed by the Office of Real Estate Appraisals to appraise my real property, which is commonly known as 27511 Commerce Center Drive, Temecula, California, and is identified as Assessor's Parcel Number 921-480-032. 4. Said appraiser has billed me a total of $ for the appraisal. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed this th day of 20 at Mark McMillin LLC, a California Limited Liability Company By: Title: Exhibit "F" Form of Grant Deed Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: City Clerk 41000 Main Street Post Office Box 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 921-480-032 [X] Portion 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 OF PERMANENT EASEMENT WHEREAS, Mark McMillin LLC, a California Limited Liability Company (referred to as "Grantor" below) is the record fee owner of the real property commonly known as 27511 Commerce Center Drive, in the City of Temecula, County of Riverside, State of California and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Grantor's Property"); and WHEREAS, Grantor desires to grant to the City of Temecula, a municipal corporation, located in the County of Riverside, State of California (referred to as "Grantee" below) and Grantee desires to acquire from Grantor an approximate 840 square foot permanent easement on Grantor's Property for public street purposes, and all uses necessary or convenient thereto in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. NOW THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee an approximate 840 square foot permanent easement on Grantor's Property for public street purposes, and all uses necessary or convenient thereto, including, but not limited to street, sewer, drainage, and utilities. The approximate 840 square foot permanent easement is described more particularly on Exhibit "A" hereto labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit "B" hereto labeled F-1 "Easement for Road Purposes — Lot 16". Exhibits "A" and "B" are incorporated herein by this reference. IN WITNESS WHEREOF, the Grantor has executed this Grant of Permanent Easement on , 20 GRANTOR: Mark McMillin LLC, a California Limited Liability Company By: Title: F-2 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 F-3 February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR ROAD PURPOSES (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53°38'28" EAST (NORTH 53°38'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'07" A DISTANCE OF 30.97 FEET; THENCE LEAVING SAID LINE NORTH 79°57'39" WEST A DISTANCE OF 35.59 FEET; THENCE SOUTH 52°46'53" WEST A DISTANCE OF 129.84 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 34°16'24" WEST (NORTH 34°16'35" WEST PER SAID MAP) A DISTANCE OF 1.78 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 16; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 NORTH 51°39'19" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 154.89 FEET TO THE POINT OF BEGINNING. CONTAINING: 840 SQ. FT. OR 0.019 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: R PL MMER, PLS 6641 DATE CENSE EXPIRES 12-31-2011) e%/p (MY LEGEND i>ri<1 INDICATES EASEMENT FOR ROAD PURPOSES AREA = 840 SQ. FT. OR 0.019 ACRE POB INDICATES POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING ® LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 ® EASEMENT TO GENERAL TELEPHONE CO. PER INST. NO. 117514, RECORDED APRIL 29, 1987 ® 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT IB" EASEMENT FOR ROAD PURPOSES LOT 16 (OVERLAND DRIVE) VICINITY MAP REX S. PLUMMER NO. 6641 E»'. DATE 12-31-11 SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Sure®y 701 B Street, Suite 800 San Diego, CA 82101 619.236.6471 Tel 818234.0348 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB N0.: 1 /// V 4 N5,3'38'28_E( 2 (N53'38'371) EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planr tri 1 Enpinmoring 1 Survey 701 B Street, Site 800 81 9.236.6471 Tel San Diepa, CA 92101 819334.0349 Fax DATE: FEBRUARY 8, 2010 SCALE 1"=100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 1'50'07‘ 967.00' 30.97' LAE TABLE LINE BEARING LENGTH L1 N34761241W (N3416'3514) 1.78' TRACT MAP Na 1817B 215 N53'38'281E(R) (N5.318'37.0 • tl'Ookii' '‘b\ 43‘ 14\ LI 13 TRACT \ EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) NO. 16178-3 15 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS F.istrining 1 racsIneberinc. 1 Survey 101 BStrset, Suit* 900 619.236.6471 Tel San Diem CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1"=30' JOB NO.: Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (Assessor's Parcel Number 921-480-032) This is to certify that the approximate 840 square foot permanent easement on the real property commonly known as 27511 Commerce Center Drive, Temecula California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 granted to the City of Temecula, a municipal corporation, pursuant to the attached Grant of Permanent Easement, 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: ATTEST: , 201_ CITY OF TEMECULA By: Gwyn R. Flores, Acting City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney By: Amer Attar Acting Director of Public Works/City Engineer F-8 Exhibit "G" Form of Grant of Temporary Construction Easement Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: Susan W. Jones, MMC City Clerk 41000 Main Street Post Office Box 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 921-480-032 [X] Portion 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 OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Grant of Temporary Construction Easement Agreement ("Agreement") is entered into as of , 201 between Mark McMillin LLC (referred to as "Grantor" below) and the City of Temecula, a municipal corporation ("City"). RECITALS WHEREAS, Grantor is the record fee owner of the real property commonly known as 27511 Commerce Center Drive, in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Grantor's Property"); and WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 2,445 square foot temporary construction easement with a term of eighteen (18) months on Grantor's Property to facilitate construction of the public street and G-1 related improvements in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26 ("Project"). NOW THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor and the City agree as follows: 1. Grantor hereby grants to the City an approximate 2,445 square foot temporary construction easement with a term of eighteen (18) months ("temporary construction easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The temporary construction easement is described more particularly on Exhibit "A" labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit "B" labeled "Temp. Construction Easement — Lot 16". Exhibits "A" and "B" are attached to this Grant of Temporary Construction Easement and are incorporated herein by this reference. 2. The term of the temporary construction easement will commence fourteen (14) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. 3. The temporary construction easement is for the use by the City, its contractors, subcontractors, employees and agents for said eighteen (18) month period to facilitate the City's construction of the Project. The purpose and scope of this temporary construction easement is to provide additional right of way to facilitate the movement of the City's construction equipment for the construction of the Project, storage and assembly of equipment and materials, ingress and egress, and any related support activities to facilitate the construction of the Project. 4. The City agrees to replace with material of like kind and quality any improvements, landscaping and irrigation located in the temporary construction easement area damaged as a result of the City's construction of the Project. 5. The City agrees to keep the temporary construction easement free of any liens, including without limitation, mechanic's or materialmen's liens, arising out of the City's use of the temporary construction easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the temporary construction easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorney's fees incurred by Grantor in connection with such removal. 6. The temporary construction easement will expire on the earlier of (a) eighteen (18) months after the date on which the City provides to Grantor written notice of the City's commencement of the construction of the Project or (b) on the date that the City records a Notice of Termination of the temporary construction easement in the Official Records of the County of Riverside. Upon the expiration of the temporary construction easement, the City agrees to take such actions as reasonably required to evidence and give effect to the extinguishment of the G-2 easement and the relinquishment of the City's rights and interests in the temporary construction easement pursuant to this Agreement. 7. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Aaron Adams, Acting City Manager Copy to: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Grantor: Mark McMillin LLC 509 Avon Street Anaheim, California 92804 Copy to: Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP Attention: Michael I. Kehoe 2603 Main Street, # 1300 Irvine, CA 92614 8. Miscellaneous Provisions. a. Any amendments to this Agreement must be in writing and duly executed by both Grantor and the City. b. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. c. This Agreement contains the entire agreement between the Grantor and the City regarding the temporary construction easement. d. Except as otherwise provided herein, the provisions of this Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. G-3 e. 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. f. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. IN WITNESS WHEREOF, the Grantor and the City have entered into this Agreement as of the date set forth above. SIGNATURES ON NEXT PAGE G-4 Dated: , 201 GRANTOR APPROVED AS TO FORM: PALMIERI, TYLER, WILHELM & WALDRON LLP Michael I. Kehoe, Attorneys for Grantor Mark McMillin LLC, a California Limited Liability Company By: Title: CITY OF TEMECULA, a municipal corporation Dated: , 201_ By: Maryann Edwards, Mayor ATTEST: By: Gwyn R. Flores Acting City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney G-5 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 G-6 February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) PER SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53°38'28" EAST (NORTH 53°38'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'07" A DISTANCE OF 30.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°15'09" A DISTANCE OF 4.26 FEET; THENCE SOUTH 34°16'16" EAST (SOUTH 34°16'35" EAST PER SAID MAP) A DISTANCE OF 6.47 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 55°43'44" WEST A DISTANCE OF 10.49 FEET; THENCE NORTH 79°57'39" WEST A DISTANCE OF 29.03 FEET; THENCE SOUTH 52°46'53" WEST A DISTANCE OF 124.05 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID LINE NORTH 34°16'24" WEST A DISTANCE OF 15.02; THENCE LEAVING SAID LINE NORTH 52°46'53" EAST A DISTANCE OF 129.84 FEET; THENCE SOUTH 79°57'39" EAST A DISTANCE OF 35.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2445 SQ. FT. OR 0.056 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. EX PLUMMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) LEGEND INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA = 2445 SQ. FT OR 0.056 ACRE POC INDICATES POINT OF COMMENCEMENT TPOB INDICATES TRUE POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING ® LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 EASEMENT 70 GENERAL TELEPHONE CO. PER INST. Na 117514, RECORDED APRIL 29, 1987 ® 15' WDE DRAINAGE EASEMENT PER TRACT 16178-3 [3 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) VICINITY MAP z/,/Q REX S. PLU MER NO. 6641 DATE DP. DATE 12-31-11 SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Punning 1 Engineering 1 Survary 701 B Street, Suite 800 619.236.6471 Tal San DOM, CA 92101 819.234.0349 Fox DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: 11 20 �9 SRA Cr 17 21 22 15 No,\ 23 2 24 20' 20' 526 . 15178 0 ,- 4 38'28'E(12 N5338'37"E) N r 12 13 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) TRACT 12 11 5 V 16178 3 9 �0 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Plaanning 1 Englnavring 1 Sury®y 701 B Street, Suite 900 619.235.6471 Tel Sen Diego, CA 92101 619.234.0349 Fax DATE FEBRUARY 8, 2010 SCALE: 1"=100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS GENGTi-I C1 1 50'07' 967.00 ,30.97' C2 075'09' 967.00' UNE TABLE UNE BEARING LENGTH L1 S3476'16'E (N3476'35' W) 6.47' TRACT MAP NO, 15178 25 N53 38'28"E(R) (N53 38'37"E) 0 TRACT EXHIBIT"B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) NO. 16178-3 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street. Suite 800 819.236.8471 Tel San Diego, CA 92101 819.234.0349 Fax DATE: FEBRUARY 8, 2010 JOB NO.: CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (Assessor's Parcel Number 921-480-032) This is to certify that the approximate 2,445 square foot temporary construction easement with a term of 18 months on the real property commonly known as 27511 Commerce Center Drive, Temecula California, and identified as Riverside County Tax Assessor's Parcel Number 921- 480-032 granted to the City of Temecula, a municipal corporation, pursuant to the attached Grant of Temporary Construction Easement, 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: ATTEST: , 201 CITY OF TEMECULA By: Gwyn R. Flores Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: Amer Attar Acting Director of Public Works/City Engineer G-12 Exhibit "H" Form of Memorandum of Agreement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 921-480-032 IX] Portion 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 § 11992). MCMILLIN MEMORANDUM OF AGREEMENT FOR POSSESSION AND USE This Memorandum of Agreement for Possession and Use is made this day of by and between the City of Temecula, a municipal corporation ("City") and Mark McMillin LLC, a California Limited Liability Company ("Owner"). The parties agree as follows: 1. Premises. Owner grants possession and use to City, and City accepts from Owner such possession and use, for the term hereinafter set forth, of the following portions of the real property commonly known as 27511 Commerce Center Drive, Temecula and identified as Riverside County Assessor's Parcel Number 921-480-032: • An approximate 840 square foot permanent easement for public street purposes and all uses necessary or convenient thereto described on Exhibit "A" labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit "B" labeled "Easement for Road Purposes — Lot 16". • An approximate 2,445 square foot temporary construction easement with a term of 18 (eighteen) months to facilitate the construction of the proposed project. The temporary construction easement is described more particularly on Exhibit "A" labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit "B" labeled "Temp. Construction Easement — Lot 16". H-1 2. Term. Owner hereby irrevocably grants to City, its contractors, agents, and all others deemed necessary by the City, the irrevocable right to possession and use of the subject property interests described above and in the Exhibits attached hereto, including the right to remove and dispose of improvements within the right of way. This agreement shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors, and assigns of the parties. 3. Other Terms and Conditions. This agreement for possession and use is upon the covenant, conditions, and provisions set forth in that certain unrecorded agreement for Possession and Use between Owner and City dated , 2014. These covenants, conditions, and provisions are incorporated into this Memorandum of Agreement for Possession and Use by reference. 4. Purpose of Memorandum of Agreement for Possession and Use. This Memorandum of Agreement for Possession and Use is prepared for the purpose of recordation, and it in no way modifies the provisions of the Possession and Use Agreement referred to herein. SIGNATURES ON NEXT PAGE H-2 Mark McMillin LLC, a California Limited Liability Company Dated: Dated: CITY OF Temecula, a municipal corporation Dated: ATTEST: Gwyn R. Flores, Acting City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney H-3 By: Title: By: Title: By: Maryann Edwards, Mayor February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR ROAD PURPOSES (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53°38'28" EAST (NORTH 53°38'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'07" A DISTANCE OF 30.97 FEET; THENCE LEAVING SAID LINE NORTH 79°57'39" WEST A DISTANCE OF 35.59 FEET; THENCE SOUTH 52°46'53" WEST A DISTANCE OF 129.84 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 34°16'24" WEST (NORTH 34°16'35" WEST PER SAID MAP) A DISTANCE OF 1.78 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 16; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 NORTH 51°39'19" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 154.89 FEET TO THE POINT OF BEGINNING. CONTAINING: 840 SQ. FT. OR 0.019 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: /' �',,r► >,+ /� R PL MMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) NO. 6641 date 12-31-11 C LEGEND vile INDICATES EASEMENT FCR ROAD PURPOSES AREA = 840 S4. FT OR 0.019 ACRE POB ,INDICATES POINT OF BEGINNING INDICATES RECORD DATA PER TRACT 16178-3 INDICATES RADIAL BEARING LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 2Q 1987 EASEMENT TO GENERAL TELEPHONE CO. PER INST. Na 117514, RECORDED APRIL 29, 1987 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" EASEMENT FOR ROAD PURPOSES LOT 16 (OVERLAND DRIVE) VICINITY MAP NO. 6641 Exp. date 12-31-11 REX S. PLUMMER NO. 6641 EXP. DATE 12-31-11 SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS PlannlnQ 1 Engineer -Ina 1 tiSsurszepy 701 B Street, Suits 800 819.236.8471 Tel Sass Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: 1 / 4 115,3'38'28V132 (N53'38'37'E) EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Ptanntr g 1 Enptn®mring I Survey 701 B Sheet, Stile 800 919.236.8471 Tel San Diego, CA 92101 819.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 10=100' JOS NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 _ 134'07' 96200' 30.97' LINE TABLE UNE BEARING LENGTH LI N3476'24"W (N34'16'35"W) 1.78' 14\ TRACT MAP NO, 18178 \ 1(3 L1 215 N5338'28T(R) N5318137.0 / i (4, r 1061‘, Nbikl" 13 TRACT EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) NO. 16178-3 15 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Enpinssrinp 1 Survetiy 701 B Surat, Suite 800 San Dego, CA 02101 619.234.0349 Fax 819236.6471 Tei DATE: FEBRUARY 8, 2010 SCALE: 1 "=30' JOB NO.: February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) PER SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53°38'28" EAST (NORTH 53°38'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°50'07" A DISTANCE OF 30.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°15'09" A DISTANCE OF 4.26 FEET; THENCE SOUTH 34°16'16" EAST (SOUTH 34°16'35" EAST PER SAID MAP) A DISTANCE OF 6.47 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 55°43'44" WEST A DISTANCE OF 10.49 FEET; THENCE NORTH 79°57'39" WEST A DISTANCE OF 29.03 FEET; THENCE SOUTH 52°46'53" WEST A DISTANCE OF 124.05 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID LINE NORTH 34°16'24" WEST A DISTANCE OF 15.02; THENCE LEAVING SAID LINE NORTH 52°46'53" EAST A DISTANCE OF 129.84 FEET; THENCE SOUTH 79°57'39" EAST A DISTANCE OF 35.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2445 SQ. FT. OR 0.056 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. EX PLUMMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) LEGEND INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA = 2445 SQ. FT OR 0.056 ACRE POC INDICATES POINT OF COMMENCEMENT TPOB INDICATES TRUE POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING ® LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 EASEMENT 70 GENERAL TELEPHONE CO. PER INST. Na 117514, RECORDED APRIL 29, 1987 ® 15' WDE DRAINAGE EASEMENT PER TRACT 16178-3 [3 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) VICINITY MAP z/,/Q REX S. PLU MER NO. 6641 DATE DP. DATE 12-31-11 SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Punning 1 Engineering 1 Survary 701 B Street, Suite 800 619.236.6471 Tal San DOM, CA 92101 819.234.0349 Fox DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: 11 20 �9 SRA Cr 17 21 22 15 No,\ 23 2 24 20' 20' 526 . 15178 0 ,- 4 38'28'E(12 N5338'37"E) N r 12 13 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) TRACT 12 11 5 V 16178 3 9 �0 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Plaanning 1 Englnavring 1 Sury®y 701 B Street, Suite 900 619.235.6471 Tel Sen Diego, CA 92101 619.234.0349 Fax DATE FEBRUARY 8, 2010 SCALE: 1"=100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS GENGTi-I C1 1 50'07' 967.00 ,30.97' C2 075'09' 967.00' UNE TABLE UNE BEARING LENGTH L1 S3476'16'E (N3476'35' W) 6.47' TRACT MAP NO, 15178 25 N53 38'28"E(R) (N53 38'37"E) 0 TRACT EXHIBIT"B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) NO. 16178-3 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street. Suite 800 819.236.8471 Tel San Diego, CA 92101 819.234.0349 Fax DATE: FEBRUARY 8, 2010 JOB NO.: 2014-15 gar Capital Improvement Program Fiscal Years 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 California 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 future years when funding is available. Department: Public Works -Account No. 210.165.602 Level: I Project Cost: Rscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 Expenditures Budget Appropriation Projected 2015-16 Projected 2016-17 2017-18 Total Project Projected Projected Cost Administration $ 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 $ 588,229 $ 7,020 $ 30,000 $ 60,000 $ 685,249 Environmental $ 54,257 $ 80,753 $ 150,000 $ 285,010 MSHCP $ 3,568,365 $ 56,665 $ 485,581 $ - $ 454,205 $ - $ - $ 510,870 Utilities $ 4,095 $ 5,905 $ 10,000 Totals $ 3,568,365 $ 4,515,871 $ 485,581 $ - $10,731,657 $ - $ - $19,301,474 Fiscal Year Source of Funds: Prior Years Ended 2013 Actual Carryover Expenditures Budget 2013-14 Adopted 2014-15 Appropriation Projected 2015-16 Projected 2016-17 2017-18 Total Project Projected Projected 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/ Other (RCWD) $ 27,000 $ 27,000 Unspecified* $10,731,657 $10,731,657 Total Funding: $ 3,568,365 $ 4,515,871 $ 485,581 $ - $10,731,657 $ - $ - $19,301,474 Future Operation & Maintenance Costs: 2013-14 *Project cannot be constructed until a funding source is identified. 65 2015-16 2016-17 2017-18 $ 1,020 $ 1,040 MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD Circulation Project Location Aerial Data - March 2010 Feet 0 137.5 275 550 64 Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas Garcia, Director of Public Works/City Engineer DATE: February 11, 2014 SUBJECT: Professional Services Agreement for the Design of the Flood Control Channel Reconstruction and Repair Project, PW11-10 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council: 1. Approve an Agreement with CWE, in the amount of $94,816, for the design of the Flood Control Channel Reconstruction and Repair Project, PW11-10; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $9,480, which is 10% of the agreement amount. BACKGROUND: This project was established to address erosion at four specific parks sites caused by flood control channels adjacent to or running through these facilities. The four parks are (1) Pala Community Park, (2) Margarita Community Park, (3) Butterfield Stage Park, and (4) Long Canyon Creek Park. Staff completed an initial investigation of the parks and determined that protection of Butterfield Stage Park would best be handled with City forces; however the remaining park sites have significant engineering and environmental issues that warrant detailed analysis, schematic design and preliminary environmental processing to determine the optimal long term protection for the sites. The proposed design services will address: (1) an extensive review of past records and a site review of the facilities, (2) a determination of the most appropriate methods and materials to address the erosion and preparation of preliminary cost estimates for the work, (3) preparation of schematic design of the preferred improvements method/materials chosen by the City, and (4) seek review and comment on the proposed improvements from the Resource Agencies. Staff solicited proposals from qualified engineering firms to undertake the aforementioned work and on January 8, 2014, the City received two proposals. Upon review of the proposals by staff, it was clear that CWE was the best choice to undertake this effort. CWE has successfully completed several similar projects for other public agencies. The proposed fee of $94,816 is reasonable considering the scope of work. A contingency of $9,480 or 10% of the contract is recommended to address unforeseen issues. FISCAL IMPACT: The Flood Control Channel Reconstruction and Repair is identified on the City's Capital Improvement Program, Fiscal Years 2014-18, and funded with Capital Project Reserves Funds. Sufficient funding for the recommended action is available within Flood Control Channel Reconstruction and Repair Account No. 210.165.127. ATTACHMENTS: 1. Professional Services Agreement 2. Project Locations 3. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CWE FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR PROJECT NO. PW11-10 THIS AGREEMENT is made and effective as of February 11, 2014, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and CWE, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on February 11, 2014, 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 time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Ninety Four Thousand Eight Hundred Sixteen Dollars and No Cents 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. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub - consultants, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) bodily injury and property 3) Employer's Liability: One Automobile Liability: One million ($1,000,000) per accident for damage. Worker's Compensation as required by the State of California; million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: CWE Attn: Jason Pereira, Principal 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, CA 92831-5202 (714) 526-7500 Phone (714) 526-7004 Fax 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 CWE By: By: Maryann Edwards, Mayor Vik Bapna, Chief Executive Officer ATTEST: By: By: GWYN R. FLORES, CMC, ACTING Jason Pereira, Secretary CITY CLERK APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT CWE Jason Pereira 1561 E. Orangethorpe Avenue (714) 526-7500 (714) 526-7004 jpereira@cwecorp.com PM Initials: D Q Date: v EXHIBIT A TASKS TO BE PERFORMED EXHIBIT B PAYMENT RATES AND SCHEDULE Tu CITY ext-ttr3�-T-' 1tA1l TEM E CU17 LA Proposal to Provide Engineering Services for Flood Control Channel 1989 Reconstruction and Repair Project No. PWii-io 2. Scope of Work CWE understands that the City is concerned with ongoing channel erosion within blue line streams at Pala Community Park, Margarita Community Park, and Long Canyon Creek Park. Pala Community Park and Long Canyon Park were designed with flood control channels adjacent to their border and Margarita Community Park was designed with a flood control channel running through the park. The erosion is negatively impacting park facilities. This project will deliver schematic design drawings and preliminary cost estimates for reconstruction and repair of these flood control channels. The project will also coordinate the review and comment on the proposed plans with the appropriate resource agencies. Temecula Creek is eroding the earthen berm protecting the northern boundary of Pala Community Park. The goal for this project is to establish a durable/sustainable creek bank while maintaining/enhancing/restoring the park's outlet drainage into Temecula Creek. Modifications must not negatively impact upstream or downstream properties. Based on preliminary review of Attachment A in the Request for Proposals (RFP) and the site, it appears that erosion is related to limited sediment supply within the channel due to a very wide stream reach that is part of the upstream development. This wide section allows sediment settling for all but the largest of flows as the water spreads out over the channel bottom. The most effective solutions for the erosion at Pala Park will require local hardening to protect the park rather than restore Temecula Creek to an equilibrium condition. CwE Ext -t �3�T "A\ ` Ti IC T ENI E CU LA Proposal to Provide Engineering Services for Flood Control Channel I Y F t 989 Reconstruction and Repair Project No. PW11-10 Empire Creek is highly urbanized upstream of the reach near Margarita Community Park. The creek runs through a golf course, an underground storm drain, and then a concrete channel prior to outletting into a natural section just upstream of the park. The creek goes back into a storm drain downstream of the park. The sediment limited flows entrain sediment in the reach near the park, causing significant erosion. The project objective is to eliminate the erosion and improve the steep slopes on the south side of the creek caused by the erosion. The City also wants to consider establishing a corridor via a small scale culvert/bridge to the southwest part of the property. The City also wants the condition of the upstream and downstream facilities at their outlet and inlet points to be assessed relative to proposed improvements. Long Canyon Creek runs along the southern edge of Long Canyon Creek Park. There appears to be sediment supply from just upstream of the park, so there is limited erosion along the bank adjacent to the park and some erosion along the southern bank. The City would like to eliminate the irrigated slope plantings outside of the park fence line on the creek/drainage slopes on the northeasterly and southwesterly boundaries of the park and replace the planting with non -erodible surfaces. Task is Research and Field Investigation Upon notice to proceed, the CWE Project Team will review existing improvement drawings, hydrology, hydraulics, design studies, record data, utilities, City GIS maps, the permit approvals and other information relevant to the project and within and adjacent to the project area. The CWE Project Team will conduct field reconnaissance and prepare a photo log of the existing conditions. Sediment grain size samples will be collected using the Wolman Pebble Count method to estimate bed and bank sediment size for scour and erosion calculations. The CWE Project Team will also review historic and current aerial photographs, soils and geologic maps, existing literature and site-specific biological studies. Historic photographs will be used in the field to guide restoration efforts to the greatest extent practicable while soils, geology, and hydrology of the streams and their floodplains will provide environmental constraints to the proposed restoration and plant palettes. The importance of such efforts in a stream restoration allows for successful restoration actions to be developed. Relevant existing literature will be compiled and analyzed to describe the environmental setting. Task z: Existing Conditions Hydraulics and Scour Analysis Review of Attachments A, B, and C indicates that design flow rates are not necessarily known for the three creeks to be improved and the level of design has yet to be specified by the City. CWE will use the data from Attachments A, B, and C, along with data collected during the research and investigation task to determine flow rates for the hydraulic analysis. Hydrology will be identified based on the design capacities of the upstream and downstream culverts, bridges, storm drains, inlets, or outlets near the project sites. AH three creeks have upstream and downstream drainage features that should provide design flow rates for hydrologic analysis. Regional relationships will be utilized to scale design flows to other recurrence intervals. This method provides a significant cost savings for the project over conducting new hydrologic studies and is a very standard option for areas with existing infrastructure that have associated hydrologic and hydraulic studies completed. CWE will perform hydraulic and scour analyses for Temecula, Empire, and Long Canyon Creeks with enough upstream and downstream data to evaluate potential impacts to adjacent properties. CWE recommends performing the topographic studies at this time to provide survey data that can be utilized for detailed hydraulics studies and design drawings. However, CWE will utilize existing topography data from the National Elevation Data Set for these analyses, unless the City approves the optional topographic survey task for each of the creeks detailed as Optional Task at the end of this section. The hydraulics of multi -frequency design flows will be investigated and used to develop three conceptual plans for each creek. The hydraulic analysis shall extend an adequate distance upstream and downstream from the proposed project to fully evaluate the impacts to the existing flooding. Based on preliminary reviews, hydraulic modeling will require channel models of 3,30o feet in Temecula Creek at Pala Community Park, 2,30o feet for Empire Creek at Margarita Community Park, and 1,5oo feet for Long Canyon Creek at Long Canyon Creek Park to meet the requirements of the City. Average hydraulic parameters generated shall be utilized for the scour analysis to determine additional facility protection requirements. CwE A-2 ,954 EXtk-A r T l►A� Proposal to Provide Engineering Services for Flood Control Channel Reconstruction and Repair Project No. PWii.-io The analysis will include development of existing channel and floodplain hydraulics for the creeks based on the topographic data, flow rates, and information gathered during the site visits. The existing and proposed hydraulic conditions will be modeled utilizing the U.S. Army Corps of Engineers HEC -RAS model. Channel geometric characteristics, such as conveyance cross-sections, roughness coefficients, and encroachments, will be analyzed based on field cross-section information for the existing and proposed condition alternatives. Task 3: Development of Project Concepts This task entails development of rough project concepts for evaluation of the most cost effective approach for each park. Three project concepts for each park will be prepared based on the existing conditions flow depths, velocities, scour conditions, and long-term channel trends. The rough concepts will be briefly described and a rough cost estimate for each will be determined and the information will be provided to the City for review in a project concept memorandum. The City will then provide input on the preferred concept for each park. Task 4: Proposed Conditions Hydraulics and Scour Analysis The CWE Project Team will perform a preliminary channel stabilization assessment of the creek based on available historical information which includes review of aerials, comparison of historical topography, review of existing grade control structures, and qualitative determination of channel aggradation, degradation, and channel bank erosion trends. This task will determine whether additional measures will be required to stabilize the channel bed and banks to minimize the potential for channel erosion and sedimentation. Review of the existing grade control structures will include an assessment of the level of protection provided by the existing structures. The scour analysis shall incorporate general aggradation and degradation tendencies associated with the studied creek reaches. The scour analysis will determine the scour parameters used in designing and locating the proposed erosion control features. CWE will prepare a final hydraulic analysis of the proposed channel improvements indicated on the schematic design drawings. The water surface generated will also be indicated on the drawings. All hydraulics studies will be completed in conformance with the requirements of the City of Temecula and the County of Riverside. Task 5: Schematic Design Drawings The CWE Project Team will develop schematic drawings for the selected erosion protection concepts evaluated in Task 3. This work item is based on the preparation of one set of channel improvement drawings for the three parks. The schematic drawing will include the channel plan and profile with typical cross-sections for the proposed improvements at a i:ioo scale. No design details will be provided. Task 6: Concept Visualization The CWE Project Team will develop conceptual landscape designs for the three (3) flood control channels. A package of illustrative graphics and precedent imagery to convey the intent of the proposed landscape designs will be developed. The draft conceptual landscape plans will include planting and hardscape features. The concepts will be illustrated with plans, image boards, precedent imagery, and photo simulations required to communicate the design intent. After development of the draft conceptual landscape plans, we will solicit feedback from the City before finalizing the conceptual landscape design package based on comments received. Task 7: Preliminary Cost Estimates CWE will prepare a preliminary cost estimate of construction quantities and costs based upon the schematic drawings utilizing current City cost data and bid tabulations for similar project types. These numbers will be more refined than the rough numbers used in the project concept memorandum based on the requirements from the hydraulic analysis of the proposed conditions. Task 8: Project Management and Meetings CWE will provide monthly status reports on the project and has scheduled time for two (2) meetings with the City and four (4) teleconferences to discuss project status and project coordination. The purpose of these meetings may include a review of the progress of work included in this Contract, or consultation and discussion needed on project issues. Consultation will be provided with the City to ensure the progress of the project. The meetings CwE EM ECCULA CIITY jF 08f, pct \ ii rc "A" Proposal to Provide Engineering Services for Flood Control Channel Reconstruction and Repair Project No. PWi.s-io and consultation allows adequate communication with the City to allow input and feedback during the design process. Task 9: Design Report Preparation This task includes the preparation of a Design Report, which will serve as documentation of the engineering design and associated technical analysis to support the schematic designs for the erosion protection at Pala Community, Margarita Community, and Long Canyon Creek Parks. The report will include the backup data regarding final hydrology, hydraulics, existing facility data, design criteria, specific design requirements, design constraints, assumptions, and all engineering calculations or analysis. The report will also include the preliminary cost estimates and conceptual renderings. Three hard copies and one PDF copy of the report will be provided to the City. The electronic submittal will include final versions of the optional topographic survey if conducted, final AutoCAD drawings, and HEC -RAS hydraulic models. Task io: Environmental Consultation and Review This task includes an initial submittal and coordination with the state and federal regulatory agencies to obtain buy -off of the design. CWE will submit the schematic designs to regulatory agencies including the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Quality Control Board for consultation on the proposed concepts. Comments received from the reviewing agencies will be incorporated into the schematic drawings for the proposed concepts. Optional Task: Topographic Survey' CWE shall prepare a comprehensive topographic survey to identify and plot existing conditions of the project site. Topographic mapping shall be plotted at a horizontal scale of 1"=20' with one foot interval contours. Topographic,/ mapping will conform to the FGDC Geospatial Positioning Accuracy Standards, PART 4: Standards for A/E/C and Facility Management, and references the ASPRS Accuracy Standards for Large -Scale Maps, with sufficient detail e map the location of the existing stream bed, storm drain structures, and improvements. Unless otherwise directed by the City, the basis of horizontal control will be California Coordinate System of 1983 (CCS 83), Zone 5, Epoch 2007.0o. Coordinates will be expressed as grid values in terms of the U.S. survey foot. Coordinates will be based on the published values from the National Geodetic Survey (NGS). Vertical control will be in terms of the North American Vertical Datum of 1988 (NAVD 88), based locally upon City of Temecula bench /narks or values published by the NGS. /narks shall include obtaining locations, elevations and descriptions of: • Contours at one -foot intervals > Spot elevations on hardscape features > Existing building and structure footprints > Sidewalks and trails, driveways, and handicap ramps > Pavement areas including roadway surfaces • Storm drain manholes, inlet and outlet structures, upstream and downstream culvert locations > Trees and major specimen plants, with trunk diameters greater than 6" > Above ground utilities including valves, pull -boxes, meters, and vaults, misc. manholes /' > All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground Y. ♦ V A- `i CNE Exk-v \ B\T " \ CWE City of Temecula Flood Control Channel Reconstruction and Repair Project No. PW 11-10 Proposal Prepared by CWE on 01/08/2014 Task Total Project Manager QA/QC Manager Principal Engineer Senior Engineer Design Engineer Assistant Engineer Licensed Surveyor AHBE CTE $148 $170 $170 $148 $108 $81 $138 1.0 1Research and Field Investigation 1.1 Research 1.2 Field Investigation Pala Community Park $2,604.00 $2,684.00 $3,276.00 4 4 8 2 - _ 4 4 4 4 - 8 $500.00 $500.00 $1,000.00 $1,000.00 1.3 Field Investigation Margarita Community Park 1.4 Field Investigation Long Canyon Creek Park $2,740.00 4 8 $500.00 $1,000.00 1.5 Prepare Photo Log and Field Investigation Summary $1,444.00 4 2 2 2 2.0 2.1 2.2 Existing Conditions Hydraulic and Scour Analysis Temecula Creek Empire Creek $2,228.00 $2,708.00 4 4 2 2 _ 12 12 2.3 Long Canyon Creek $1,904.00 4 2 12 3.0 3.1 3.2 3.3 3.4 Development of Concept Alternatives $1,932.00 2 - - - Pala Community Park Alternatives 2 12 Margarita CommunPark Alternatives $2,412.00 2 2 12 12 4 Long Canyon Creek Park Alternatives Project Concept Report Memorandum $1,608.00 $4,396.00 2 2 16 2 2 4 4 - 3.5 City Review and Selection of Preferred Alternatives 4.0 4.1 4.2 4.3 Proposed Conditions Hydraulic and Scour Analysis 8 Temecula Creek $2,092.00 6 6 2 8 Empire Creek $2,412.00 2 8 Long Canyon Creek $1,876.00 6 2 5.0 Develop Schematic Design Drawings 5.1 Pala Community Park Alternatives $5,594.00 4 2 8 16 $1,750.00 5.2 Margarita Community Park Alternatives _ $5,800.00 4 2 16 $2,500.00 5.3 Long Canyon Creek Park Alternatives $4,662.00 4 2 8 16$1,250.00 - _ 6.0 Develop Concept Visualization Renderings 6.1 Pala Community Park Alternatives $1,262.00 4 1 $500.00 6.2 Margarita Community Park Alternatives $1,262.00 4 1 $500.00 6.3 7.0 7.1 Lori Canyon Creek Park Alternatives $762.00 - 8 - Preliminary Cost Estimates - Pala Community Park Alternatives $1,330.00 2 1 7.2 Margarita Community Park Alternatives $1,650.00 2 1 8 7.3 Long Canyon Creek Park Alternatives $1,114.00 2 1 8 8.0 Project Management and Meetings 8.1 8.2 8.3 Project Management $3,048.00 16 4 Meetings with City (2) $1,184.00 8 Teleconferences (4) $1,184.00 8 9.0 Design Report Preparation Prepare Design Report $6,808.00 6 4 8 16 8 8 $3,000.00 9.1 9.2 9.3 City Review $3,552.00 8 to Draft Design Report fRevisions - 10.0 Environmental Consultation and Review 10.1 Pala Community Park Alternatives $2,728.00 8 4 8 10.2 Margarita Community Park Alternatives $3,048.00 8 4 4 -_ 62 8 _ 118 86 96 0 - 10.3 Long Canyon Creek Park Alternatives $2,512.00 $83,816.00 8 176 10 Total Fee and Hours $8,000.00 t X $17,120.00 kT4/f// -..i- / _ / zjil / . ////:j, C \1E. CTE_ 83,816 ei00O ��000 13--A_ E Xa3 T '‘''I CWE 2014 Rate Schedule Enclineer/Scientist Rate Hour Principal Engineer $170 Senior Engineer $148 Project Engineer $130 Staff/Design Engineer $108 Assistant Engineer $81 Senior Environmental Scientist/Planner $110 Environmental Scientist/Planner $81 Construction Services Resident Engineer $129 Senior Construction Inspector $113 Construction Inspector $99 Field Surve Licensed Surveyor $138 3 -Person Survey Crew $188 2 -Person Survey Crew $157 Support Services GIS Specialist $106 Senior Engineering Technician $84 CADD Drafter $81 Engineering Technician $75 Administrative Assistant $71 General Direct Expenses Cost plus 10% Subcontract Services Cost plus 10% Specialized Computer Applications (per hour) $15 Mileage Current IRS Rate Field Vehicle — Hourly $12/hour Field Vehicle — Daily $80/day Field Vehicle — Monthly $1,500/month B&W Photocopies (per page) $0.09 Color Photocopies (per page) $0.49 .X \�\T Iis' AHD 411. 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Warsto- 1ke2Y4 t Illf *OKI 11136 \4,ED Long Cany • :, Creek Park e` rw�Vet r `aritaC munity P • rk. 1 I I re 11 ri=iik ' .„ Cal wire � Ronald Rea "~S m '\---1 Mo ant -Parks V Town,Sq a e Aa�otary P. rk A A is » � u2-' N F cn 03 A A aD T N y N 1- co it OLYMPIC;WY CLUBHOUSE'DR TOURNAMENT LN Z090£6Z `£4S88Z9 :Jawa3 depi O O O O O 0 0 e�F O Reconstruction and Repair e LL61.4: 6 :aIeog Capital Improvement Program Fiscal Years 2014-18 T I•o H.."I Southorn CAt1iFouso Wine Country 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: Fiscal Year Project Cost: Actual V Expenditures Carryover Budget Adopted Appropriation 2014-15 Projected 2015-16 Projected 2016-17 Projected 2017-18 Projected Total Project Cost Administration $ 10,841 $ 24,159 $ 35,000 $250,000 $ 500,000 $ 500,000 Total Funding: $ 35,841 $ 70,000 Construction $ 25,000 $ 150,000 $ 175,000 $250,000 $250,000 $250,000 $ 850,000 Construction Engineering $ 20,000 $ 20,000 Design $ 40,000 $ 40,000 Environmental $ 20,000 $ 20,000 Totals $ 35,841 $ 214,159 1 $ 250,000 $ $250,000 $ - $250,000 $ 1,000,000 Fiscal Year Source of Funds: Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 Expenditures Budget Appropriation Projected 2015-16 Projected 2016-17 Projected 2017-18 Projected Total Project Cost Capital Project Reserves Unspecified* $ 35,841 $ 214,159 $ 250,000 $250,000 $250,000 $ 500,000 $ 500,000 Total Funding: $ 35,841 $ 214,159 $ 250,000 $ - $250,000 $ - $250,000 $ 1,000,000 Future Operation & Maintenance Costs 2013-14 2014-15 2015-16 2016-17 2017-18 $ 500 $ 500 $ 500 $ 500 *Project cannot be constructed until a funding source is identified. 135 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 7 ACTION MINUTES of January 28, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:29 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 11 Action Minutes — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Comerchero, Naggar, Roberts, and Edwards. RECOMMENDATION: 11.1 Approve the action minutes of January 14, 2014. 12 Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Comerchero, Naggar, Roberts, and Edwards. RECOMMENDATION: 12.1 That the Board of Directors approve the Sponsorship Agreement with Safe Alternatives for Everyone, Inc., in the amount of $10,000 cash and approximately $1,200 of in-kind facility rental fees, so that S.A.F.E. can provide our community with quality services for children, youth, and families who have experienced or are at risk of abuse and violence. 13 Special Tax Consulting Services - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected approval by Directors Comerchero, Naggar, Roberts, and Edwards. CSD Action Minutes 012814 1 RECOMMENDATION: 13.1 That the Board of Directors approve an Agreement with Albert A. Webb Associates, in the amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:33 P.M., the Community Services District was formally adjourned Tuesday, February 11, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Gwyn R. Flores, CMC Acting City Clerk/Acting District Secretary [SEAL] CSD Action Minutes 012814 2 Item No. 8 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: February 11, 2014 SUBJECT: Sponsorship Agreement with the American Heart Association, Inc. for the Women's Heart Health Awareness Event (at the request of Mayor Edwards) PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors approve the Sponsorship Agreement with the American Heart Association, Inc., for use of the Conference Center and Council Chambers venue, and in-kind staff and marketing services, for the February 20, 2014 Women's Heart Health Awareness event and a follow up health event to be held in May or June of 2014. BACKGROUND: According to the American Heart Association (AHA), heart disease is the number one killer of women in the United States. The AHA reports that 42.1 million women had cardiovascular disease since 2004, resulting in some 461,000 deaths. Despite increases in awareness over the past decade, only 54% of women recognize that heart disease is their number one killer. Almost two-thirds (64%) of women who die suddenly of coronary heart disease have no previous symptoms. As February marks the national campaign month for "Women's Heart Health Awareness", the AHA would like to partner with the Temecula Community Services District on a community awareness event to give citizens in the Temecula Valley an opportunity to learn more about heart disease and how they can protect themselves. The Women's Heart Health Awareness event will be held at the Civic Center Conference Center and Council Chambers on Thursday, February 20, 2014 from 10:30 am until 1:00 pm. The event will include cardiac speakers, testimonials, a health fair including refreshments. In May or June of 2014 the AHA will provide another health event to be held in the Civic Center Conference Center. The date and time are yet to be determined but it will be held in May or June of 2014. FISCAL IMPACT: The in-kind services in the amount of $12,943 will be absorbed in the Fiscal Year 2013-14 Operating Budget. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND AMERICAN HEART ASSOCIATION, INC. THIS AGREEMENT is made and effective as of this 11th day of February, 2014, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and American Heart Association, Inc. a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Women's Heart Health Awareness event (hereinafter referred to as the "Event") on February 20, 2014. The Event will be located in Conference Center and Council Chambers at the Civic Center. A second health related event will be held in May or June of 2014 in the Conference Center. b. The Event includes cardiac speakers, testimonials and health fair. c. Alcohol will not be served at the February 20, 2014 event however alcohol will be served at the future event in May or June. Additional insurance may be required upon review of facility reservation application. d. The City desires to be a Sponsor of both Events. 2. TERM This Agreement shall commence on February 11, 2014, 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. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed $2,528 and in-kind promotional services valued at an amount not to exceed $10,415, as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Events. As a Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceed $12,943, the Nonprofit may seek City authorization for payment above that amount. b. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by February 12, 2014 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Nonprofit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonprofit shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 American Heart Association, Inc. Attn: Laura Kirk 1700 Iowa Ave, Suite 240 Riverside, CA 92507 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 10. 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. 11. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES American Heart Association, 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 ATTEST: Kristie Tagg Sr. Vice President of Field Operations By: By: Margaret Sluyk Director of Heart Walk Gwyn R. Flores, CMC, Acting City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT American Heart Association, Inc. Ms. Laura Kirk 1700 Iowa Ave, Suite 240 Riverside, CA 92507 951 550-9359 (Margaret Sluyk) Laura.kirk@heart.org PM Initials: D �J Q Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS American Heart Association, Inc. shall provide the following benefits and services for the citizens of the City of Temecula: • Provide heart health informational events for our community • City of Temecula logo/name on advertisements • City of Temecula name on all press releases** • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Women's Heart Health Awareness and future health event to be held in May or June of 2014. ESTIMATED VALUE OF IN-KIND SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Women's Heart Health Awareness on February 20, 2014 and future health event to be held in May or June of 2014 is as follows: ITEMS Value Use of Conference Center Conference Center — 5.5 hours — February 20, 2014 $ 832.50 Council Chambers — 4 hours — February 20, 2014 $ 606.00 Conference Center — 5.5 hours — May or June 2014 $ 832.50 VENUE IN-KIND TOTAL $2,271.00 Staff Support IT Staff - 4 hours — February 20, 2014 Promotional Services STAFF SUPPORT TOTAL $ 257.00 Local Government Channel 3 Cable Channel $5,100.00 Event slide appears approximately once per hour for 30 seconds. Auto Mall Marque $3,115.00 Appears approximately once every 4 1/2 minutes City Website $2,200.00 Event listing on the City of Temecula website PROMOTIONAL IN-KIND TOTAL $10,415.00 SPONSORSHIP TOTAL $12,943.00 PUBLIC HEARING Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, Director of Community Development DATE: February 11, 2014 SUBJECT: Municipal Code Amendments (Long Range Planning Project No. LR13-0007) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR POLICY CHANGES AND CLARIFICATIONS AND CORRECTING TYPOGRAPHICAL ERRORS REGARDING: (1) THE DEFINITION OF A CATTERY; (2) THE DEFINITION OF SMOKING TO INCLUDE E - CIGARETTES; (3), ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS; (4) REVISING PROCEDURES FOR ZONING APPEALS; REVISING PROCEDURES FOR EXTENSIONS OF TIME FOR TENTATIVE MAPS; (4) DESCRIPTIONS FOR RESIDENTIAL DISTRICTS; (5) AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS; (6) USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO -4; (7) BICYCLE PARKING REQUIREMENTS; (8) STANDARDS FOR PERMANENT WALL SIGNS; (9) CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS; (10) MAKING OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE; AND (11) DETERMINING THAT THE ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES SUMMARY OF ORDINANCE: The proposed Ordinance amends portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula municipal code making minor policy changes and clarifications and correcting typographical errors regarding: (1) the definition of a cattery; (2) the definition of smoking to include e -cigarettes; (3), allowing certain uses among various zoning districts; (4) revising procedures for zoning appeals; revising procedures for extensions of time for tentative maps; (4) descriptions for residential districts; (5) agricultural uses within residential districts; (6) use regulations for Planned Development Overlay PDO -4; (7) bicycle parking requirements; (8) standards for permanent wall signs; (9) clarifying setbacks for swimming pools and spas; and(10) making other minor clarifications and typographical corrections to the Temecula Municipal Code. The proposed Ordinance is exempt from further environmental review under Section 15061(b)(3) of the CEQA Guidelines. BACKGROUND: The City Council adopted the Municipal Code January 1990. Since its adoption, the City Council has added new chapters, and has periodically made amendments to various sections of the Code to improve its clarity and to make necessary corrections, which are described in detail within the attached November 6, 2013 Planning Commission Staff Report and redlined attachment, and briefly outlined below: • Definition of "Cattery" (Section 6.02.010) - Amends the definition of a "cattery" to limit the number of cats to five or more cats. • Definition of "Smoking" (8.36.020) - Amends the definition of "smoking" to include e - cigarettes. • Extension of Time for Tentative Maps (16.09.200) - Clarifies that if no changes are being requested by the subdivider, the Director of Planning may approve the request for an extension of time; however, if changes to the map are proposed, then the original approval authority shall review the request. • Formula for Dedication of Park Land (16.33.120) - Corrects the example for single-family dwelling unit calculation for the dedication of park land. • Procedures for Zoning Appeals (17.03.090) — The City Manager or member of the City Council has always been authorized to file an appeal of a Planning decision. This clarifies that such an appeal may be made when the City Manager or Council Member believes that the action to be of sufficient importance to the City and should be reviewed by the entire City Council. Additionally, the proposed change would provide that an appeal is "de novo" meaning that all issues concerning the application would be decided by the City Council. • Findings for a Conditional Use Permit (17.04.010.E.1.e) - Clarifies that the Planning Director is an approval authority for certain Conditional Use Permits. • Density Range for Residential Zoning Districts (17.06) - Establishes consistency between the City's General Plan and the Municipal Code for the dwelling unit per acre ranges for residential land uses. • Animals in the Low Medium Density Residential Zoning District (17.06.030) - Establishes that the keeping of large and small live -stock animals is not allowed, and limits the keeping of chickens to two within the Low Medium Residential Zoning District. • Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050) - Clarifies that the setback applies to the water's edge, water slides, or rock features of the swimming pool or spa and that a Minor Exception will not be granted for these setbacks when they are adjacent to residential properties. • Use Regulations for Commercial/Office/Industrial Districts (17.08.030) - Clarifies that a Conditional Use Permit (CUP) is required for kennels within the Business Park and Light Industrial Zoning District. • Delicatessen Use in Neighborhood Commercial (Section 17.08.030) - Clarifies that a delicatessen is a permitted use in the Neighborhood Commercial Zoning District. • Permitted Office Uses in Commercial/Office/Industrial Districts (17.08.030) - Clarifies that a financial office use is a permitted use in all commercial zoning districts. • Affordable Housing (17.08.030 and 17.10.020.M.3.b) - Clarifies that a Conditional Use Permit would not be required for affordable housing projects, pursuant to California Government Code Section 65589.4 and California Government Code Section 65589.5(d). • Use Regulations for Temecula Creek Village PDO -4 (17.22.136B) - Allows for restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) and restaurants with live entertainment to be conditionally permitted in the Temecula Creek Village Planned Development Overlay. • Bicycle Parking Requirements (17.24.040) - Establishes consistency between the Municipal Code and the CAL Green Building Code for bicycle parking requirements. • Compact Car Parking (17.24.040.E) - Clarifies that compact car parking spaces are not allowed unless previously approved by permit. • Requirements for Permanent Signs (17.28) - Clarifies the maximum square footage of sign area for commercial uses is based on the linear footage of business frontage. This proposal was presented to the Planning Commission on November 6, 2013. The Planning Commission recommended approval as presented by staff. Following the Planning Commission meeting, a resident contacted the City requesting that the City Council reconsider the policy regarding the keeping of chickens. Currently the Temecula Municipal Code allows for the keeping of two chickens on residential properties. The resident has requested that the City Council allow up to four chickens on residential properties to ensure the health and wellbeing of this flock animal. Staff's research has found the practice of keeping a minimum of four chickens to be consistent with the advice of urban farming advocacy groups. As a result, staff is recommending amending the Temecula Municipal Code to limit the keeping of chickens in the Low Medium and Medium Density residential zoning districts to four chickens, and for the Rural Residential, Very Low Density, and Low Density residential zoning districts, keeping the current standards 50 chickens per acre, and for lots that are less than one acre within these same districts, a maximum of 12 chickens would be allowed. The current requirement for separation distance from adjacent residences, day care centers, educational institutions, hospitals, or churches for the keeping of chickens would also remain the same at 70 feet within all residential zoning districts. ENVIRONMENTAL DETERMINATION: Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and it has been determined the project is exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code as well as procedural changes in the decision making process. The proposed amendments do not result in any significant increases in the intensity or density of any land uses above what is currently allowed by the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code, typographical corrections or procedural changes. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. November 6, 2013 Planning Commission Staff Report ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO -4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 6, Title 8, Title, 16 and Title 17 of the Temecula Municipal Code ("Ordinance") on November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 13- 42, recommending approval of the Ordinance by the City Council. D. The City Council, at a regular meeting, considered the Ordinance and on February 11, 2014, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. 1 E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. Section 6.02.010 of Chapter 6.02 of Title 6 of the Temecula Municipal Code is hereby amended by revising the definition of "cattery" to read as follows: "`Cattery' means any building, structure, enclosure or premises whereupon, or within which, five or more cats, four months of age or older, are kept or maintained." Section 5. Section 8.36.020 of Chapter 8.36 of Title 8 of the Temecula Municipal Code is hereby amended by revising the definition of "smoking" to read as follows: "`Smoking' or to `Smoke' means holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating 2 electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material. `Electronic cigarette' means an electronic and/or battery-operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e -cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or description. "Electronic cigarette does not include any inhaler prescribed by a licensed doctor." Section 6. Section 16.09.200 of Chapter 16.09 of Title 16 of the Temecula Municipal Code is hereby amended to read as follows: "16.09.200 Extensions of time for tentative maps. Notwithstanding Section 16.09.180, the initial three-year term of tentative maps may be extended as follows: A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed twelve months. The subdivider shall file with the Director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including but not limited to, environmental analysis pursuant to CEQA. B. Provided no changes are being requested by the subdivider, the Director of Planning may additionally approve a maximum of five one-year time extensions, each extension not to exceed twelve months, and may impose additional conditions of approval to maintain the public health safety and welfare and/or to comply with current City standards and ordinances, state or federal requirements to the extent allowed by law. C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed by the original approving authority and the City may impose other conditions or amendments to the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. D. If a subdivider is required to expend the amount specified in Section 66452.6 of the Government Code to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonable related to the development of that property, each filing of a final tract map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved or conditionally tentative map by thirty-six months from the date of its expiration or the date of a previously -filed 3 final tract map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval." Section 7. Section 16.33.120 of Chapter 16.33 of Title 16 of the Temecula Municipal Code is hereby amended to amend the example for a single family dwelling unit's calculation for dedication of land as follows: "Example for a single family dwelling unit (DU): 3.12 x .005 = .0156 acres/DU" Section 8. Section 17.03.090 of Chapter 17.03 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the City Council to bring the action before the City Council for decision. B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the Planning Commission: 1. Actions by the Director of Planning on approval of development permits, conditional use permits and extensions of time 2. Actions by the Director of Planning on the approval of sign permits; 3. Any other action by the Director of Planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the City Council: All decisions of the Planning Commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the Planning Commission is authorized, may appeal from such action by filing a written notice of appeal with the City Clerk within the time required by this section. The City Manager or a member of the City Council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire City Council. In making such an appeal, a member of the City Council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal — Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the Planning Commission from the City Manager or 4 a member of the City Council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F Notice of Appeal — Contents. 1. The notice of appeal shall set forth: a. The specific decision appealed from; b. Except for the City Manager or members of the City Council, the grounds for the appeal; and c. Except for the City Manager or members of the City Council, the relief or action sought from the Planning Commission or City Council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the City Clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the City Manager or any member of the City Council, the written notice of appeal shall be accompanied by a fee, established by resolution of the City Council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the City Clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal. H. Hearing — Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval. Hearing — Determination. The Planning Commission or City Council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The Planning Commission or City 5 Council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken." Section 9. Section 17.04.010.E.1.e of Chapter 17.04 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal." Section 10. Section 17.06.020 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. Hillside Residential District (HR). The Hillside Residential Zoning District is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the HR district is 10 net acres. B. Rural Residential (RR). The Rural Residential Zoning District is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the RR district is 5 net acres. C. Very Low Density Residential (VL). The Very Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum lot size in the VL Zoning District is 2.5 net acres. D. Low Density Residential (L-1 and L-2). The Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the Low Density Residential Zoning District is further divided into the L-1 Zoning District and the L-2 Zoning District. The minimum lot size in the L-1 Zoning District is 1 net acre. The minimum lot size in the L-2 Zoning District is 0.5 net acres. E. Low Medium Density Residential (LM). The Low Medium Density Residential Zoning District is intended to provide for the development of single-family homes. The minimum lot size in the LM Zoning District is 7,200 square feet, with a density range of 3 - 6.9 dwelling units per net acre, and a target density 4.5 dwelling units per net acre. 6 F. Medium Density Residential (M). The Medium Density Residential Zoning District is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes. The minimum lot size in the M Zoning District is 7,200 square feet, with a density range of 7 – 12.9 dwelling units per net acre, and a target density of 10 dwelling units per net acre. G. High Density Residential (H). The High Density Residential Zoning District is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is 13 – 20 dwelling units per net acre, with a target density of 16.5 dwelling units per net acre. There is no minimum lot size in the H Zoning District. H. Hillside Residential -Santa Margarita (HR -SM). The Hillside Residential - Santa Margarita Zoning District is intended to provide for development of very low density residential uses. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and limited emergency access. The minimum lot size in the HR –SM Zoning District is 10 net acres." Section 11. Table 17.06.040 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the row for "Dwelling units per net acre'" to read as follows: Table 17.06.040 Development Standards—Residential Districts Residential Development Standards HR RR VL L-1 L-2 LM M H HR -SM Lot Area Density range (dwelling units per net acre) < 0.1 0.1- 0.2 0.2- 0.4 0.5- 2.9 0.5- 2.9 3.0- 6.9 7.0- 12.9 13.0- 20.0 < 0.1 Section 12. Table 17.06.050A of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the rows for "Swimming pool" and "Spa" to read as follows: Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard Swimming pool Not permitted3 5 ft. to water's edge 5 ft. to water's edge Spa Not permitted3 3 ft. to water's edge 3 ft. to water's edge 7 Section 13. Section 17.06.050.D of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "D. Accessory Structures and Uses. 8. Animals Accessory to a Residential Use. The keeping of certain non -exotic or non -wild animals is considered accessory to a residential use. Not more than four cats and dogs, over the age of four months, are allowed. Caged pets, including small amphibians, birds, mammals and reptiles may be kept on the premises. This provision also includes the keeping of fish and chickens, pursuant to Section 17.10.020 of the Temecula Municipal Code. The keeping of household pets shall comply with the provisions of Title 6 of the Temecula Municipal Code." Section 14. Section 17.06.050.E of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper, shall be located as follows: 1. For the H, M, LM, L-2, and L-1 Zoning Districts swimming pools and spas shall be located only within the side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from view from the front yard areas. 2. For the VL, RR and HR Zoning Districts swimming pools and spas may be located within the front, side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. 8 Pools and spas shall be enclosed by walls or fences no less than five feet in height. " Section 15. Table 17.08.030 of Chapter 17.08 of Title 17 of the Temecula Municipal Code is hereby amended as follows: A. Amend the row titled "Delicatessen" in Table 17.08.030 to read as follows: B. Amend the row titled "Kennels1" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts NC CC HT SC Description of Use NC CC HT SC PO BP LI D P P P p5, 6 P5, 6 Delicatessen P P PPP C - P P B. Amend the row titled "Kennels1" in Table 17.08.030 to read as follows: C. Amend the row titled "Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate and insurance" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts NC CC HT SC Description of Use NC CC HT SC PO BP LI K P P P p5, 6 P5, 6 Kennels1 - C - C - CC C. Amend the row titled "Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate and insurance" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI 0 Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance P P P P P p5, 6 P5, 6 D. Remove the row titled "Financial, insurance, real estate offices" in Table 17.08.030 in its entirety. 9 E. Amend the row titled "Affordable housing°" in Table 17.08.030 to read as follows: Section 16. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. These requirements apply to the location of corrals, fenced enclosures, barns, stables or other enclosures, and are subject to the following requirements: i. Large animals (cattle, horses and mules). Two animals per half -acre plus one additional animal for each additional half -acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM Zoning District. ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half -acre plus three additional animals for each additional half -acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM Zoning District. iii. Poultry. Limited to fifty poultry per acre. A maximum of twelve poultry are allowed on lots less than one acre in the RR, VL, and L zoning districts. A maximum of four poultry are allowed on lots within the LM and M zoning districts. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined." 10 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Affordable Housing 5 - - - - P - - Section 16. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. These requirements apply to the location of corrals, fenced enclosures, barns, stables or other enclosures, and are subject to the following requirements: i. Large animals (cattle, horses and mules). Two animals per half -acre plus one additional animal for each additional half -acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM Zoning District. ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half -acre plus three additional animals for each additional half -acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM Zoning District. iii. Poultry. Limited to fifty poultry per acre. A maximum of twelve poultry are allowed on lots less than one acre in the RR, VL, and L zoning districts. A maximum of four poultry are allowed on lots within the LM and M zoning districts. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined." 10 Section 17. Section 17.10.020.M.3.b.vii of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "vii. Approval of an affordable housing project in the professional office zone." Section 18. Table 17.22.136.B of Chapter 17.22 of Title 17 of the Temecula Municipal Code for the rows titled "Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits)" and "Restaurants with live entertainment" are hereby amended to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District -4 Description of Use PDO -4R PDO -4V6 R Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) C4 C4 Restaurants with lounge or live entertainment C4 C4 Section 19. Section 17.24.040.E of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless previously approved by permit." Section 20. Section 17.24.040.F.2.a of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class. Use Employees & Visitors Parking Facility Class All commercial and service uses not otherwise listed 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Dinner restaurants, cocktail lounges 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Industrial 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Retail 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Section 21. Section 17.24.040.F.2.b of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: 11 "b. The minimum number of bicycle spaces to be provided shall be two employee bicycle spaces and two patron or visitor spaces." Section 22. Section 17.24.040.F.4 (entitled "Exemptions") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended by deleting it in its entirety. Section 23. Section 17.24.040.F.5 (entitled "Credit for Provisions of Bicycle Parking Spaces") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby renumbered as Section 17.24.040.F.4. Section 24. Section 17.28.070.B.3 of Article I of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. b. Wall signs shall not extend more than seventy-five percent of the suite length for multi -tenant buildings or building frontage for single tenant buildings." Section 25. Section 17.28.240.B of Article III of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage." Section 26. Section 17.28.350.B of Article IV of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear foot of business frontage." Section 27. Section 17.28.450.B of Article V of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of business frontage." Section 28. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or 12 provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 29. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 30. Effective Date. This Ordinance shall take effect thirty (30) days after passage. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 14- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of February, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 13 ABSTAIN: COUNCIL MEMBERS: 14 Gwyn R. Flores, CMC Acting City Clerk STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission FROM: Dale West, Associate Planner Victoria Hernandez, Planning Intern DATE: November 6, 2013 SUBJECT: Municipal Code Amendment (Long Range Planning Project No. LR -13-0007) BACKGROUND The City of Temecula City Council first adopted the Municipal Code in January 1990. Since its adoption, the City Council has added new chapters, and has periodically made amendments to various sections of the Code to improve its clarity and to make necessary corrections. This amendment proposes to clarify a number of provisions within the Code which includes: • Definition of "Cattery" (Section 6.02.010) - Amends the definition of a "cattery" to limit the number of cats to five or more cats. • Definition of "Smoking" (8.36.020) - Amends the definition of "smoking" to include e - cigarettes. • Extension of Time for Tentative Maps (16.09.200) - Clarifies that if no changes are being requested by the subdivider, the Director of Planning may approve the request for an extension of time; however, if changes to the map are proposed, then the original approval authority shall review the request. • Formula for Dedication of Park Land (16.33.120) - Corrects the single-family dwelling unit calculation for the dedication of park land. • Procedures for Zoning Appeals (17.03.090) — Clarifies that the City Manager or member of the City Council may file an appeal of a planning decision, when the action is of sufficient importance to the City, and should be reviewed by the entire City Council. • Findings for a Conditional Use Permit (17.04.010.E.1.e) - Clarifies that the Planning Director is an approval authority for certain Conditional Use Permits. • Density Range for Residential Zoning Districts (17.06) - Establishes consistency between the City's General Plan and the Municipal Code for the dwelling unit per acre ranges for residential land uses. • Animals in Low Medium Density Residential (17.06.030) - Establishes that the keeping of large and small live -stock animals is not allowed, and limits the keeping of chickens to two within the Low Medium Residential Zoning District. 1 • Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050) - Clarifies that the setback applies to the water's edge, water slides, or rock features of the swimming pool or spa and that a Minor Exception will not be granted for these setbacks. • Use Regulations for Commercial/Office/Industrial Districts (17.08.030) - Clarifies that a Conditional Use Permit (CUP) is required for kennels within the Business Park and Light Industrial Zoning District. • Delicatessen Use in Neighborhood Commercial (Section 17.08.030) - Clarifies that delicatessen is a permitted use in the Neighborhood Commercial Zoning District. • Permitted Office Uses in Commercial/Office/Industrial Districts (17.08.030) - Clarifies that financial office uses are a permitted use in all commercial zoning districts. • Affordable Housing (17.08.030 and 17.10.020.M.3.b) - Clarifies that a Conditional Use Permit is not allowed for affordable housing projects, pursuant to California Government Code Section 65589.4 and California Government Code Section 65589.5(d). • Use Regulations for Temecula Creek Village PDO -4 (17.22.136B) - Allows for restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) and restaurants with live entertainment to be conditionally permitted in the Temecula Creek Village Planned Development Overlay. • Bicycle Parking Requirements (17.24.040) - Establishes consistency between the Municipal Code and the CAL Green Building Code for bicycle parking requirements. • Compact Car Parking (17.24.040.E) - Clarifies that compact car parking spaces are not allowed unless previously approved by permit. • Requirements for Permanent Signs (17.28) - Clarifies the maximum square footage of sign area for commercial uses is based on the linear footage of business frontage. ANALYSIS Definition of "Cattery" (6.02.010) Section 6.02.010 defines a "cattery" to contain ten or more adult cats. However, Section 17.06.050.D.8 does not allow more than four adult cats as an accessory to a residential use. Staff proposes to amend Section 6.02.010 to be consistent with Section 17.06.050.D.8 by defining a "cattery" as having five or more cats. Definition of "Smoking" (8.36.020) There has been an increase of sales and use of "e -cigarettes" which contain nicotine and when used, emit a liquid vapor containing nicotine instead of emitting smoke containing nicotine as does a typical cigarette. However, the definition of "smoking" is defined in the Municipal Code to include a cigarette or similar type of device containing tobacco or tobacco product; it does not include other devices or products that contain nicotine substances. The proposed amendment will add to the definition of "smoking" to include other devices that contain nicotine substances. 2 Extension of Time for Tentative Maps (16.09.200) The proposed amendment establishes consistency between Sections 16.09.200 and 17.05.020 and streamlines the process for approving an extension of time by allowing an applicant to submit a request for a time extension prior to the expiration of a tentative map. The proposed amendment also clarifies that if no changes are being requested by the subdivider, the Director of Planning may approve the request for an extension of time; however, if changes to the map are proposed by the subdivider, then the original approving body shall review the request for time extension. Formula for Dedication of Land (16.33.120) The proposed amendment is a typographical correction to the single family dwelling unit calculation for the dedication of land for subdivisions. The proposed amendment does not change the formula or calculation. Procedures for Zoning Appeals (17.03.090) The proposed amendment clarifies that the City Manager or member of the City Council may file an appeal of a planning decision made by the Planning Commission, when the decision of the Planning Commission is considered to be of sufficient importance to the City, and should be reviewed by the entire City Council. Findings fora Conditional Use Permit (17.04.010.E.1.e) The proposed amendment clarifies within the findings that the Planning Director has approval authority for certain Conditional Use Permits. Density Range for Residential Zoning Districts (17.06.020 and Table 17.06.040) Section 17.06.020 of the Municipal Code provides density ranges for residential zoning districts within the City. Table LU -1 of the Temecula General Plan also provides density ranges for residential land uses within the City; however, the two are not consistent with one another. Staff proposes to amend Section 17.06.020 and Table 17.06.040 of the Municipal Code to maintain consistency between the City's General Plan and the City's Municipal Code. Large and Small Animals in Low Medium Density Residential (Table 17.06.050 and Section 17.10.020) Table 17.06.050 of the Municipal Code permits agricultural uses within all residential zoning districts, and conditionally permits them within the Hillside Residential — Santa Margarita Zone. Section 17.10.020.A.1 of the Municipal Code allows for various agricultural uses, including the keeping of large animals (such as horses and cattle) and small animals (such as sheep and pigs) within all residential zoning districts, as long as they are on lots greater than one-half acre, and except within the Hillside Residential and Open Space/Conservation zones. However, there are half -acre and larger lots within the Low Medium Density Residential zoning district, which would meet minimum requirements for permitting large and/or small animal agricultural uses. Staff proposes to amend Section 17.10.020.A., to specify that large and small animals are excluded from the Low Medium Density Residential zoning district, and to provide consistency with Section 17.06.050.D.8 by clarifying that the number of chickens allowed within the Low Medium Density Residential zoning district is limited to two. 3 Setbacks and Minor Exceptions for Swimming Pools and Spas (Table 17.06.050A and Section 17.06.050.E) Section 17.06.050 of the Municipal Code establishes the rear yard and interior side yard setbacks for a swimming pool or a spa in all residential zoning districts; however, it does not clarify whether the setback applies to the water line or the exterior edge of the swimming pool or spa structure. Staff proposes to amend Table 17.06.050A and Section 17.06.050.E to clarify that the setback applies to the water line of the swimming pool or spa, and to any water slide, rock feature, or structures associated with a pool or spa, and that a minor exception will not be granted for these setbacks if the if the swimming pool or spa is adjacent to a another residential property. Use Regulations for Commercial/Office/Industrial Districts (Section 17.08.030) Table 17.08.030 of the Municipal Code establishes that delicatessens require a Conditional Use Permit in the Neighborhood Commercial Zone but are permitted in all other zones of the Commercial/Office/Industrial Districts. Since retail and restaurant uses are already allowed in the Neighborhood Commercial Zone, staff proposes to amend Table 17.08.030 to allow delicatessens to be a permitted use in the Neighborhood Commercial Zone. Table 17.08.030 of the Municipal Code indicates that kennels are a permitted use in the Business Park District and Light Industrial District; however, Section 17.10.020.A.2.(b)-(c) of the Code indicates that kennels require a Conditional Use Permit, except within the Open Space/Conservation Zone. In order to maintain consistency within the Development Code, staff proposes to amend the Use Matrix in Section 17.08.030 to require Conditional Use Permits for kennels within the Business Park and Light Industrial Zoning Districts. Table 17.08.030 of the Municipal Code establishes that "Financial, insurance, real estate offices" are a permitted use in all zones except for the Light Industrial Zone; however, the Light Industrial Zone permits other offices uses, including real estate and insurance uses. Since other office uses are permitted within the Light Industrial Zone, to permit financial uses within the Light Industrial Zone, staff proposes to add "financial" uses to the "office" category of Table 17.08.030. Use Regulations for Temecula Creek Village PDO -4 (Section 17.22.136B) The Temecula Creek Village Planned Development Overlay (PDO) -4 has two commercial planning areas: Village Commercial Area (PDO -4V) and Retail/Support Commercial Area (PDO -4R). Currently, restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) and restaurants with live entertainment are conditionally permitted in the village commercial area (PDO -4V); however, they are not permitted in the retail/support commercial area (PDO -4R), but both commercial areas are adjacent to multi -family residential areas. Staff proposes to amend the Table 17.22.136B to allow restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) and restaurants with live entertainment to be conditionally permitted in the PDO - 4R Zone. Affordable Housing Consistency with the California Government Code (Table 17.08.030 and Section 17.10.020) The California Government Code Sections 65589.4 and 65589.5(d) do not allow jurisdictions to require a conditional use permit for affordable housing projects. Staff proposes to amend Table 17.08.030 and Section 17.10.020.M.b.vii of the Municipal Code by removing the requirement for a CUP for affordable housing projects. 4 Bicycle Parking Requirements Consistency with the CALGreen Building Code (Section 17.24.040) The CALGreen Building Code Section 5.106.4 requires that bicycle parking be provided at a ratio of five percent of the motorized vehicle parking capacity. In order to be consistent with CALGreen Building Code, staff proposes to amend Section 17.24.040.F.2 and 17.24.040.F.4 of the Temecula Municipal Code to require bicycle parking at a ratio of five percent of the motorized vehicle parking capacity for commercial, industrial, retail, restaurant and service uses. Compact Car Parking (Section 17.24.040.E) Section 17.24.040.E of the Municipal Code states that compact car parking spaces shall not be allowed. Section 17.24.050.A of the Code establishes the minimum size for compact parking spaces that were previously approved by permit; however, it doesn't specifically state this. To avoid confusion between the two sections of the Code, staff proposes to amend Section 17.24.040.E to clarify that compact car parking spaces are not allowed unless previously approved by permit. Requirements for Permanent Signs (17.28) Section 17.28.070.B.3.b of the Municipal Code establishes general requirements for permanent wall signs, including the maximum sign area. This section indicates the maximum sign area is calculated at one square foot per linear foot of building facade, architectural facade and business frontage. Additionally, Sections 17.28.240 for commercial uses, 17.28.350 for professional office uses, and 17.28.450 for industrial uses also establish the maximum sign area for wall mounted signs. Since there are specific requirements for the maximum sign area for each of the commercial uses, removing the general maximum sign area requirement would eliminate confusion and misinterpretation of the Code. Staff proposes to amend Section 17.28.070.B.3.b. by removing the general sign area requirement, but keep the specific sign area requirement in the latter sections of the Code. Additionally, staff proposes to clarify that the maximum square foot of sign area is based on the linear footage of the business frontage and not the architectural facade or building facade. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the San Diego Union Tribune on October 24, 2013 ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and has been determined the project is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment 5 RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve an Amendment to Title 6, Title 8, Title 16, and Title 17 of the Temecula Development Code. ATTACHMENTS Resolution Exhibit A — City Council Ordinance Redline/Strikeout Changes to the Development Code Notice of Public Hearing 6 PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO -4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORREC- TIONS TO THE TEMECULA MUNICIPAL CODE" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 17, 1990, the City Council of the City of Temecula adopted the City's first Municipal Code. B. Staff identified a need to amend portions of Title 6, Title 8, Title 16 and Title 17 of the Temecula Municipal Code to revise the definition of a cattery and the definition of smoking, allow certain uses among various zoning districts, revise procedures for zoning appeals and extensions of time for tentative maps, revise descriptions for residential districts, revise agricultural uses within residential districts, revise use regulations for Planned Development Overlay PDO -4, revise bicycle parking requirements, revise standards for permanent wall signs, clarify setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code. C. The Planning Commission considered the proposed amendment on November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Long Range Planning Project No. LR13-0007 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Recommendation of Approval. The City of Temecula Planning Commission hereby recommends the City Council adopt an ordinance entitled, "An Ordinance of the City Council of the City of Temecula amending portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code amending the definition of a cattery and the definition of smoking, allowing certain uses among various zoning districts, revising procedures for zoning appeals and extensions of time for tentative maps, revising descriptions for residential districts, revising agricultural uses within residential districts, revising use regulations for Planned Development Overlay PDO -4, revising bicycle parking requirements, revising standards for permanent wall signs, clarifying setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code (Long Range Planning Project NP. LR13-0007)" Section 3. Environmental Compliance. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of November, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of November 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO -4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 6, Title 8, Title, 16 and Title 17 of the Temecula Municipal Code ("Ordinance") on November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 13- , recommending approval of the Ordinance by the City Council. D. The City Council, at a regular meeting, considered the Ordinance and on , 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. 1 E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. Section 6.02.010 of Chapter 6.02 of Title 6 of the Temecula Municipal Code is hereby amended by revising the definition of "cattery" to read as follows: "`Cattery' means any building, structure, enclosure or premises whereupon, or within which, five or more cats, four months of age or older, are kept or maintained." Section 5. Section 8.36.020 of Chapter 8.36 of Title 8 of the Temecula Municipal Code is hereby amended by revising the definition of "smoking" to read as follows: "`Smoking' or to `Smoke' means holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating 2 electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material." Section 6. Section 16.09.200 of Chapter 16.09 of Title 16 of the Temecula Municipal Code is hereby amended to read as follows: "16.09.200 Extensions of time for tentative maps. Notwithstanding Section 16.09.180, the initial three-year term of tentative maps may be extended as follows: A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed twelve months. The subdivider shall file with the director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including but not limited to, environmental analysis pursuant to CEQA. B. Provided no changes are being requested by the subdivider, the Director of Planning may additionally approve a maximum of five one-year time extensions, each extension not to exceed twelve months, and may impose additional conditions of approval to maintain the public health safety and welfare and/or to comply with current City standards and ordinances, state or federal requirements to the extent allowed by law. C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed by the original approving authority and the City may impose other conditions or amendments to the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. D. If a subdivider is required to expend the amount specified in Section 66452.6 of the Government Code to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonable related to the development of that property, each filing of a final tract map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved or conditionally tentative map by thirty-six months from the date of its expiration or the date of a previously -filed final tract map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval." Section 7. Section 16.33.120 of Chapter 16.33 of Title 16 of the Temecula Municipal Code is hereby amended to amend the example for a single family dwelling unit's calculation for dedication of land as follows: 3 "Example for a single family dwelling unit (DU): 3.12 x .005 = .0156 acres/DU" Section 8. Section 17.03.090 of Chapter 17.03 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal — Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the planning commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal — Contents. 1. The notice of appeal shall set forth: 4 a. The specific decision appealed from; b. Except for the city manager or members of the city council, the grounds for the appeal; and c. Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal. H. Hearing — Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval. Hearing — Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken." Section 9. Section 17.04.010.E.1.e of Chapter 17.04 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal." 5 Section 10. Section 17.06.020 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. Hillside Residential District (HR). The Hillside Residential Zoning District is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the HR district is 10 net acres. B. Rural Residential (RR). The Rural Residential Zoning District is intended to provide for the development of single-family detached home on large Tots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the RR district is 5 net acres. C. Very Low Density Residential (VL). The Very Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum lot size in the VL Zoning District is 2.5 net acres. D. Low Density Residential (L-1 and L-2). The Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the Low Density Residential Zoning District is further divided into the L-1 Zoning District and the L-2 Zoning District. The minimum lot size in the L-1 Zoning District is 1 net acre. The minimum lot size in the L-2 Zoning District is 0.5 net acres. E. Low Medium Density Residential (LM). The Low Medium Density Residential Zoning District is intended to provide for the development of single-family homes. The minimum lot size in the LM Zoning District is 7,200 square feet, with a density range of 3 - 6.9 dwelling units per net acre, and a target density 4.5 dwelling units per net acre. F. Medium Density Residential (M). The Medium Density Residential Zoning District is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes. The minimum lot size in the M Zoning District is 7,200 square feet, with a density range of 7 — 12.9 dwelling units per net acre, and a target density of 10 dwelling units per net acre. G. High Density Residential (H). The High Density Residential Zoning District is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is 13 — 20 dwelling units per net acre, with a target density of 16.5 dwelling units per net acre. There is no minimum lot size in the H Zoning District. 6 H. Hillside Residential -Santa Margarita (HR -SM). The Hillside Residential - Santa Margarita Zoning District is intended to provide for development of very low density residential uses. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and limited emergency access. The minimum lot size in the HR –SM Zoning District is 10 net acres." Section 11. Table 17.06.040 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the row for "Dwelling units per net acre" to read as follows: Table 17.06.040 Development Standards—Residential Districts Residential Development Standards HR RR VL L-1 L-2 LM M H HR -SM Lot Area Density range (dwelling units per net acre') < 0.1 0.1- 0.2 0.2- 0.4 0.5- 2.9 0.5- 2.9 3.0- 6.9 7.0- 12.9 13.0- 20.0 < 0.1 Section 12. Table 17.06.050A of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the rows for "Swimming pool" and "Spa" to read as follows: Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard Swimming pool Not permitted3 5 ft. to water's edge 5 ft. to water's edge Spa Not permitted3 3 ft. to water's edge 3 ft. to water's edge Section 13. Section 17.06.050.E of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper, shall be located as follows: 1. For the H, M, LM, L-2, and L-1 Zoning Districts swimming pools and spas shall be located only within the side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor 7 exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from view from the front yard areas. 2. For the VL, RR and HR Zoning Districts swimming pools and spas may be located within the front, side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. Pools and spas shall be enclosed by walls or fences no less than five feet in height. " Section 14. Table 17.08.030 of Chapter 17.08 of Title 17 of the Temecula Municipal Code is hereby amended as follows: A. Amend the row titled "Delicatessen" in Table 17.08.030 to read as follows: B. Amend the row titled "Kennels1" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI D Delicatessen P P PP C P PP C B. Amend the row titled "Kennels1" in Table 17.08.030 to read as follows: C. Amend the row titled "Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, 8 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI K Kennels1 - C - C - C C C. Amend the row titled "Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, 8 veterinarian, chiropractic, architectural, engineering, real estate and insurance" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI 0 Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance P P P P p p5, 6 p5, 6 D. Remove the row titled "Financial, insurance, real estate offices" in Table 17.08.030 in its entirety. E. Amend the row titled "Affordable housing in Table 17.08.030 to read as follows: Section 15. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. These requirements apply to the location of corrals, fenced enclosures, barns, stables or other enclosures, and are subject to the following requirements: Large animals (cattle, horses and mules). Two animals per half -acre plus one additional animal for each additional half -acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM Zoning District. 9 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Affordable Housing 5 Section 15. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. These requirements apply to the location of corrals, fenced enclosures, barns, stables or other enclosures, and are subject to the following requirements: Large animals (cattle, horses and mules). Two animals per half -acre plus one additional animal for each additional half -acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM Zoning District. 9 ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half -acre plus three additional animals for each additional half -acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM Zoning District. iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for keeping poultry is one-half acre. For lots smaller than one acre, only twelve poultry are allowed. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. Only two poultry are allowed in the LM Zoning District. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined." Section 16. Section 17.10.020.M.3.b.vii of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "vii. Approval of an affordable housing project in the professional office zone." Section 17. Table 17.22.136.6 of Chapter 17.22 of Title 17 of the Temecula Municipal Code for the rows titled "Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits)" and "Restaurants with live entertainment" are hereby amended to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District -4 Description of Use PDO -4R PDO -4V6 R Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) C4 C4 Restaurants with lounge or live entertainment C4 C4 Section 18. Section 17.24.040.E of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless previously approved by permit." 10 Section 19. Section 17.24.040.F.2.a of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class. Use Employees & Visitors Parking Facility Class All commercial and service uses not otherwise listed 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Dinner restaurants, cocktail lounges 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Industrial 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Retail 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class II racks Section 20. Section 17.24.040.F.2.b of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. The minimum number of bicycle spaces to be provided shall be two employee bicycle spaces and two patron or visitor spaces." Section 21. Section 17.24.040.F.4 (entitled "Exemptions") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended by deleting it in its entirety. Section 22. Section 17.24.040.F.5 (entitled "Credit for Provisions of Bicycle Parking Spaces") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby renumbered as Section 17.24.040.F.4. Section 23. Section 17.28.070.B.3 of Article I of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. b. Wall signs shall not extend more than seventy-five percent of the suite length for multi -tenant buildings or building frontage for single tenant buildings." 11 Section 24. Section 17.28.240.B of Article 111 of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage." Section 25. Section 17.28.350.B of Article IV of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear foot of business frontage." Section 26. Section 17.28.450.B of Article V of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of business frontage." Section 27. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 28. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 29. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 12 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 20 , Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of 20 , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 20 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 13 Susan W. Jones, MMC City Clerk PROPOSED MUNICIPAL CODE AMENDMENTS Proposed changes are shown in bold underlined text and proposed deletions are shown as strikethrough text. Definition of "Cattery" (Section 6.02.010) "Cattery" means any building, structure, enclosure or premises whereupon, or within which, t -eh five or more cats, four months of age or older, are kept or maintained. Definition of "smoking" (Section 8.36.020) "Smoking" or to "smoke" means holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating electronic cigarette, or other similar typed of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material. _ _ _ _ _ - _ _ •• _ e, lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other inhaled. Extension of Time for Tentative Maps (16.09.200) A. Request by the Subdivider. Prior to _ - _ - _ - the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed twelve months. The subdivider shall file with the director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the city's official application form, including but not limited to, environmental analysis pursuant to CEQA. B. Provided no changes are being requested by the subdivider, the Director of Planning The approval -authority may additionally approve a maximum of five one-year time extensions, each extension not to exceed twelve months, and may impose additional conditions of approval to maintain the public health safety and welfare and/or to comply with current city standards and ordinances, state or federal requirements to the extent allowed by law. C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map the conditions of approval for that map, the project shall be approved by the original approval authority and the city may impose other conditions or amendments to the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. Formula for Dedication of Land (16.33.120) Example for a single family dwelling unit (DU): 3.12 x .005 - .01605 .0156 acres/DU Procedures for a Zoning Appeal (17.03.090) "17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be pa -ay -be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk directed to the planning commission. Decisions that may be appealed to the City Council shall require written notice to the City Clerk. within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal—Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the planning commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal—Contents. 1. The notice of appeal shall set forth: a. The specific decision appealed from; b. The Specific Except for the city manager or members of the city council, the grounds of for the appeal; and c. The Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk shall may, but is not required to, return the same to the appellant with a statement of the respects in which it is defi cient deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid if the deficiency in payment of an within the time otherwise required for the filing of an appeal. H. Hearing—Presentation of Evidence. At the time The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the approval, the appellant shall be limited to a presentation of permit or other discretionary approval applied for by the specific grounds of applicant. The applicant shall have the burden of establishing cause by proof in making the findings required by this code for granting the action app alcd from should be alter, reversed or modified requested permit or other discretionary approval. Hearing—Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken, provided however that the planning commi.sion or city council shall not approve a variance which was previously dcnicd unless it has first made the findings set forth in Section 17.04.040(F).. Findings for a Conditional Use Permit (17.04.010.E.1.e) E. Findings. In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare. 1. To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings: a. The proposed conditional use is consistent with the general plan and the development code. b. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. c. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. d. e. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission or city council on appeal. Density Range for Residential Districts (17.06.020 and Table 17.06.040) A. Hillside Residential District (HR). The hillside residential zoning district is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty- five percent. The minimum Typical lot sizes in the HR district are in excess of 10 te14 net acres. B. Rural Residential (RR). The rural residential zoning district is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over 25% twenty five percent. The minimum Typical lot sizes in the RR district are 5_0 five net acres. and larger. C. Very Low Density Residential (VL). The very low density residential zoning district is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum Typical lot size in the VL zoning district is 2.5 net acres. s are two and one half to five net acre:. D. Low Density Residential (L-1 and L-2). The low density residential zoning district is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the low density residential zoning district is further divided into the L-1 zoning district and the L-2 zoning district. The minimum Typical lot sizes in the L-1 zoning district is 1 net acre. arc onc to two and onc half net acres. The minimum lot size in the L-2 zoning district is 0.5 net acres. typically has lot sizes from one half to one net acres. E. Low Medium Density Residential (LM). The low medium density residential zoning district is intended to provide for the development of single-family homes. The minimum lot size in the LM zoning district is 7,200 square feet, with a density range of 3-6.9 dwelling units per net acre Typical density for the low medium density residential development is from three to six dwelling units per net acre, with and a target density of 4.5 four and one half dwelling units per acre. F Medium Density Residential (M). The medium density residential zoning district is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes, The minimum lot size in the M zoning district us 7,200 square feet, with a density range of seven to twelve 7.0 — 12.9 dwelling units per acre and a target density of 10 dwelling units per acre. G. High Density Residential (H). The high density residential zoning district is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is 13-20 dwelling units per net acre, with a target density of 16.5 dwelling units per net acre. There is no minimum lot size in the H zoning district. with a density range of thirtccn to twenty 13.0 20.0 dwelling units per acre. H. Hillside Residential -Santa Margarita (HR -SM). The hillside residential -Santa Margarita zoning district is intended to provide for development of very low density residential uses within the Santa Margarita area annexation boundaries. This includes properties that have severe development constraints such as areas with slopes over 25% twenty five percent, biological resources and limited emergency access. The minimum Typical lot sizes in the HR -SM district are equal to or greater than ten 10 net acres. Table 17.06.040 Development Standards—Residential Districts Residential Development Standards HR RR VL L-1 L-2 LM M H HR -SM Lot Area Minimum net lot area (sq. ft. ) - - - - - 7,200 7,2002 - - Minimum net lot area (acres) 10 5 2.5 1 1/2 - - - 10 Density range (dwelling < 0.1 - 0.1- - 0.2- - 0.5- - 0.5- - 3.0- 1-2 7.0- 20 13.0- < 0.1 units per net acre'l 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Notes: 1. Affordable housing, senior housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020(M) of this title. Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050) Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard' Swimming pool Not permitted3 5 ft. to water line 5 ft. to water line Spa Not permitted3 3 ft. to water line 3 ft. to water line 17.06.050 Special use standards and regulations. E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper shall be located as follows: 1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only within the side or rear yards and shall have a minimum setback of five feet from any property line or building. The water's edge of the swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from the property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from the front yard areas. 2. For the VL, RR and HR zoning districts swimming pools and spas may be located within the front, side or rear yards and shall have a minimum setback of five feet . The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard areas. Pools and spas shall be enclosed by a non climbable barrier per the Department of Building and Safety requirements. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Use Regulations for Commercial/Office/Industrial Districts (Section 17.08.030) Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI D Delicatessen -G P P PP C P PP P C Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI K Kennels' - C - C - P C P C Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI F Financial, insurance, r al estate offices P P R PPP - O Offices, administrative, corporate headquarters and professional services including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance P P PPP P5, 6 P5, 6 Notes: 5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Affordable housing Large Animals in Low Medium Density Residential (17.10.020) 17.10.020 Supplemental development standards. A. Agricultural Uses. 1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. a. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. subject to the following requirements: All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. This requirement applies to the location of corrals, fenced enclosures, barns, stables or other enclosures and are subject to the following requirements: i. Large animals (cattle, horses and mules). Two animals per half - acre plus one additional animal for each additional half -acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM zoning district. ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half -acre plus three additional animals for each additional half -acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM zoning district. iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for keeping poultry is one-half acre. For lots smaller than one acre, only twelve poultry are allowed. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. Only two poultry are allowed in the LM zoning district. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined. v. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjaccnt property. This Use Regulations for Temecula Creek Village PDO -4 (17.22.136B) Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District -4 Description of Use PDO -4R PDO -4V6 R Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) C4 — C4 Restaurants with lounge or live entertainment C4 C4 Notes: 4. The size of the use or activity is limited to 5,000 square feet. Affordable Housing Consistency with the California Government Code (Table 17.08.030 and Section 17.10.020) 17.10.020 Supplemental development standards. M. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing, congregate care facilities, and affordable housing projects are permitted in the zoning districts identified below subject to the approval of a development plan. Affordable senior housing projects shall comply with the affordable housing provisions contained in subsection (M)(3) of this section. 3. Affordable housing and affordable senior housing projects are entitled to receive various incentives provided the project meets the requirements of Section 65915 of the California Government Code. Affordable housing projects are entitled to receive qualifying density incentives from subsection (M)(3)(a) of this section and may also receive qualifying concessions from subsection (M)(3)(b) of this section. The project incentives and concessions are as follows: b. Development Standard Concessions. The following number of development standard concessions may be granted by the approval authority for the project. Percentage of Affordable Housing Number of Concessions 10 Percent lower income 5 Percent very low income 10 Percent moderate income 1 20 Percent lower income 10 Percent very low income 20 Percent moderate income 2 30 Percent lower income 15 Percent very low income 30 Percent moderate income 3 An applicant may select from the following concessions, unless a finding is made that these concessions would result in specific adverse health or safety impacts or the physical environment or real property listed on the California Register of Historical Resources cannot be mitigated: An increase in the amount of required lot coverage; ii. A modification to the setback or required yard provisions; An increase in the maximum allowable building height; iv. A reduction in the amount of required on-site parking; v. A reduction in the amount of onsite landscaping, except that no reduction in on-site recreational amenities may be approved unless the affordable housing is close and easily accessible to a public park with recreational amenities; vi. A reduction in the minimum lot area; or vii. Approval of an affordable housing project in the professional office'e zone with the approval of a conditional use permit. Compact Car Parking (17.24.040.E) 17.24.040 Parking requirements E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless previously approved by permit. Bicycle Parking Requirements Consistency with the CALGreen Building Code (Section 17.24.040) 17.24.040 Parking requirements. F. Bicycle Parking Facilities. 1. Bicycle Parking Classifications. Bicycle parking facilities shall be classified as follows: a. Class I, an enclosed box with a locking door, typically called a bicycle locker, where a single bicyclist has access to a bicycle storage compartment. b. Class II, a stationary bicycle rack designed to secure the frame and both wheels of the bicycle, where the bicyclist supplies only a padlock. c. Class III, a stationary bicycle rack, typically a cement slab or vertical metal bar, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object. 2 Minimum Bicycle Parking Requirements. a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class. Use Employees & Visitors Parking Facility Class All commercial and service uses not otherwise listed 1 bicycle space for every 20 vehicle spaces required Class 1 lockers or Class II racks Dinner restaurants, cocktail lounges 1 bicycle space for every -40 20 vehicle spaces required Class I lockers or Class II racks Industrial 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class 11 racks Retail 1 bicycle space for every 20 vehicle spaces required Class I lockers or Class 11 racks b. Where bicycle parking is required, tThe minimum number of bicycle spaces to be provided shall be two employee bicycle spaces and two patron or visitor spaces. c. Where the application of the above table results in the requirement for a fraction of a bicycle parking space, the fraction shall be rounded to the nearest whole number with .5 rounded up to the next whole number. d. Where the application of the above table results in the requirement of fewer than six employee spaces, Class 11 racks need not be placed within an enclosed lockable area. 3. Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a two -foot width and a six-foot length per bicycle and a five-foot maneuvering space behind the bicycle. The facilities shall be located on a hard, dust -free surface, preferably asphalt or concrete slab. Bicycle parking facilities for visitors shall be located at convenient locations near the main entrance to the use. Bike racks should be located so as to not create an obstruction to pedestrian movement. �. Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the director of planning. a Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application. b. Exemptions may be granted depending upon the location of the bicycle parking with respect to the urban area, the nature and hours of operation of the proposed use, the acce.sibility of the site by bicycle at present and in the future. 5. Credit for Provisions of Bicycle Parking Spaces. Bicycle parking spaces shall be counted as fulfilling the off-street parking requirements at the rate of three bicycle spaces for one vehicle space. Up to six bicycle parking spaces in addition to the minimum requirement may be provided to reduce off-street parking requirements. Requirements for Permanent Signs (17.28) 17.28.070 General requirements for permanent signs. B. Standards for Permanent Wall Mounted Signs for Buildings with Two Stories or Less. 3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and b. fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. linear foot of the architectural facade upon which the sign is located (and no more than seventy five percent of the surface of the building face that the sign is located on excluding window and door areas). Maximum ar of sign shall also not exceed one square foot of sign area per linear foot of business frontage. c. Wall signs shall not extend more than seventy-five percent of the suite length for multitenant buildings or building frontage for single tenant buildings. 17.28.240 Requirements for wall mounted business or building identification signs for buildings with two stories or less in commercial districts. Wall mounted business identification signs are intended to provide identification for the individual businesses located in buildings with two stories or less in commercial districts. A. Maximum number of signs shall be one per frontage for each tenant. B architectural facade upon which thc sign is located (and shall not cover more than seventy five percent of the surface of the building face that thc sign is located on excluding window and door ar as). Maximum area of sign shall al -se not exceed one square foot of sign area per linear foot of business frontage. C. Building identification signs are only permitted if no tenant identification signs are placed on the building. 17.28.350 Requirements for wall mounted business or building identification signs for single and multitenant buildings with two stories or less in professional office district. Wall mounted business identification signs are intended to provide identification for individual businesses in single or multitenant office buildings with two stories or less. However, only multitenant buildings with exterior entrances for their tenants are permitted to have wall mounted business identification signs. A. Maximum number of signs shall be one sign per frontage for each tenant. B. Maximum area of signs shall not exceed one-half square feet per linear foot of business frontage; however, the sign area for each sign shall not exceed fifty square feet. C. For multitenant buildings wall mounted business identification signs shall be permitted only if the main entrance to each suite is from the exterior of the building as opposed to a lobby or courtyard design. D. Building identification signs are only permitted if no tenant identifications are placed. E. External illumination is not permitted. 17.28.450 Requirements for wall mounted business or building identification signs for buildings with two stories or less in industrial districts. Wall mounted business or building identification signs are intended to provide identification for individual businesses in single -tenant or multitenant industrial buildings. A Maximum number of signs shall be one per frontage for each tenant. B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of building business frontage. C. Building identification signs are only permitted if no tenant identifications are permitted by this chapter. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: LR13-0007 City of Temecula An Ordinance of the City Council of the City of Temecula amending portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code amending the definition of a cattery and the definition of smoking, allowing certain uses among various zoning districts, revising procedures for zoning appeals and extensions of time for tentative maps, descriptions for residential districts, agricultural uses within residential districts, use regulations for planned development overlay pdo-4, bicycle parking requirements, standards for permanent wall signs, clarifying setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review pursuant to Section15061 (b) (3). Case Planner: Dale West, (951) 693-3918 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 6, 2013 Time of Hearing: 6:00 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. Item No. 10 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Armando G. Villa, AICP Director of Community Development February 11, 2014 Municipal Code Amendment to Chapter 12.08 regulating taxicab services with the City of Temecula (Long Range Planning Project No. LR13-0011) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS SUMMARY OF ORDINANCE: The proposed amendment to Chapter 12.08 of the Temecula Municipal Code updates the insurance requirements for taxi cab operators, adds the requirement for mandatory controlled substance testing for taxi cab drivers, adds the requirement to permanently affix the company name and top lights to each vehicle, and updates the enforcement provisions to be consistent with current City practices. BACKGROUND: In May 1994, the Temecula City Council adopted Urgency Ordinance No. 94-15, incorporating Chapter 12.08 for taxicab service regulations into the City of Temecula Municipal Code. Staff is proposing an update to this chapter of the Code to reflect current practices and policies. While Chapter 12.08 is being replaced in its entirety, the substantial changes are briefly outlined below: • The proposed amendment revises the insurance coverage limits and requirements by establishing them through resolution of the City Council. General Liability, Automobile Liability, and Worker's Compensation limits are increased to $1,000,000 per occurrence, which is consistent with current City policy. The effective date of the adopted resolution related to insurance requirements will coincide with the effective date of the ordinance when new Operator Permits are issued. The resolution establishing the insurance requirements is an attachment to this staff report. • The proposed amendment requires the completion of the City's mandatory controlled substance and alcohol testing certification program in order to obtain a new Driver Permit for a taxicab. All Driver Permits shall expire one year from the date of issuance, at which time a new Driver Permit shall be required. • The proposed amendment requires the name of the taxicab company, the vehicle number issued by the company, and top lights to be permanently affixed to all vehicles in operation. • The proposed amendment adds the Taxi Permit Officer and Code Enforcement Officer as authorized personnel to verify compliance with Chapter 12.08. Currently, only Police Officers are authorized to inspect vehicles for compliance with the Municipal Code. • The proposed amendment revises enforcement provisions by making them consistent with enforcement provisions currently established in Title 1 of the Temecula Municipal Code. The remaining amendments to Chapter 12.08 include minor clarifications and the restructuring of the chapter to improve its clarity and application of the Code. The effective date of the proposed resolution related to insurance requirements will coincide with the effective date of this Ordinance. FISCAL IMPACT: ATTACHMENTS: None 1. Resolution 2. Ordinance RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council finds, determines and declares that A. On January 14, 2014 the City of Temecula (the "City") reviewed and considered Ordinance No. 14- , entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS." B. Proposed Section 12.08.030 of the Temecula Municipal Code of Ordinance No. 14- provides that before any taxicab operator permit is issued for a prospective taxicab operator, the operator shall procure and maintain during the term of the permit, at its cost, insurance with such coverage and provisions as established by resolution of the City Council. C. The City Council desires to establish and adopt the insurance requirements by Council resolution as authorized in proposed Section 12.08.030 of the Temecula Municipal Code of Ordinance No. 14- D. The findings set forth above are hereby adopted in support of this Resolution. Section 2. Taxicab Insurance Requirements. In accordance with proposed Section 12.08.030 of the Temecula Municipal Code, the City Council hereby adopts the following insurance requirements to be applied to taxicabs, as defined in Chapter 12.08 of the Temecula Municipal Code: "CITY OF TEMECULA TAXICAB INSURANCE REQUIREMENTS Operator 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 Operator, 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. 1 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the operator 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 operator has no employees while performing under this Agreement, worker's compensation insurance is not required, but operator shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Operator 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 operator employs any employees. Operator 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 operator; products and completed operations of the operator; premises owned, occupied or used by the operator; or automobiles owned, leased, hired or borrowed by the operator. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the 2 Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2. For any claims related to this project, the operator'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 operator'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 operator'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 operator 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. Operator 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 operator's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications." 3 Section 3. Effective Date. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon the effective date of Ordinance No. 14- , entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS." In the event Ordinance No. 14 - does not go into effect, this Resolution shall be null and void and shall have no force or effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of February, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of February, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 4 Gwyn R. Flores, CMC Acting City Clerk ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to Chapter 12.08 of the Temecula Municipal Code. B. The City Council, at a regular meeting, considered the Ordinance and on February 11, 2014, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. C. Following the public hearing, the City Council considered the entire record of information received at the public hearing. Section 2. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendment to Chapter 12.08 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendment consists of minor policy changes and clarifications to the City of Temecula Municipal Code. The proposed amendment only relates to the regulation of taxicab services and permit processing within the City of Temecula. As such, there is no possibility that the proposed amendment will have a significant effect on the environment. Section 3. Chapter 12.08 of Title 12 of the Temecula Municipal Code is hereby replaced in its entirety to read as follows: "Chapter 12.08 TAXICABS 12.08.010 Definitions. As used in this chapter: "Driver" means an individual engaged by an operator to drive a taxicab. Driver includes every person driving any passenger -carrying or motor -propelled vehicle, either as an owner -operator, contractor, franchisee, agent, employee or otherwise. "Driver permit" means a permit issued by the TPO to an individual, permitting that person to drive a taxicab upon the streets of the City. "Operator" means a person or entity engaged in the business of providing transportation services for hire through the use of taxicabs. "Operator permit" means a permit issued by the City authorizing an operator to provide transportation services for hire through the use of one or more taxicabs within the City. "Street" means any place commonly used for the purpose of public travel. "Street stand" means a portion of a street designated by the City for the use, while awaiting employment, of any taxicab, except for locations at which a stand is located within the boundaries of any airport. "Taxicab" means every automobile or motor -propelled vehicle, is equipped with a taximeter, and/or is used for the transportation of passengers for hire over the public streets of the City, and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the City, at rate for distance traveled or for waiting time, or for both, and the vehicle is routed under the direction of the passenger or of the person hiring same. Taxicabs shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter -Party Carriers' Act, Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. "Taxicab" shall not include limousine services regulated by the Public Utility Commission. "Taximeter" means a device that automatically calculates, at a predetermined rate or rates, and indicates the charge for hire of a vehicle, either for distance traveled or for waiting time, or for both. "Taxi Permit" means a permit issued by the TPO for a specific vehicle, permitting that vehicle to be used by an Operator as a taxicab. "Taxi Permit Officer" (TPO) means the person designated by the City Manager to manage taxicab permitting in the City of Temecula. "Top light" means illuminated sign, attached to the top of a taxicab, which, when illuminated, clearly indicates whether or not the taxicab is vacant and available for hire. 12.08.020 Operator Permit—Required. A. It is unlawful for any person to operate, or cause to be operated, a taxicab without having first obtained an Operator Permit from the taxi permit officer (TPO) as provided in this chapter. The Operator Permit shall include a list of the vehicle identification number ("VIN") of the taxicabs which have passed the vehicle safety inspection required by this chapter and only vehicles so listed on the Operator Permit may be operated as taxicabs within the City. B. The operator shall maintain with the City a current list of all drivers authorized to operate any vehicle listed in its Operator Permit, and shall notify the City upon termination of employment of any drivers by reporting additions and deletions of names of the drivers from its most recent list. C. Operators are required to ensure that all drivers operating a taxicab listed in their Operator Permit are familiar with the provisions of this chapter and with all regulations adopted by the City. Operators shall promptly notify their drivers of any changes in the provisions of this ordinance and regulations adopted to implement it. D. Operators shall provide the address where the vehicles, proposed to be used as taxicabs in the business, are to be regularly garaged when not in use. Where facilities are located in the City, operators must comply with all zoning and other applicable ordinances regulating the conduct of business and/or garaging of taxicabs within the City. E. The Operator shall maintain a maintenance log on every taxicab listed on the Operator Permit. The maintenance log must include the following information: 1. A record of brake inspection, the name and address of the garage that performed the inspection, the date of the inspection; and 2. Any other inspection or maintenance performed on the taxicab vehicle or its safety systems. The garage mechanic must sign and date the maintenance log after each appointment. The maintenance log must be kept at the taxicab business principal office and be available for review by the TPO. Records shall be maintained for at least three years prior to the date of the last entry in the log. 12.08.030 Operator Permit—Insurance Required. Before any Operator Permit required by this chapter is issued for a prospective operator, the operator shall procure and maintain during the term of the permit, at its cost, insurance with such coverage and provisions as established by resolution of the City Council. 12.08.040 Operator Permit—Color Scheme. A. All taxicabs operating under an Operator Permit shall be of distinctive appearance such as is in common usage in this country for taxicabs or shall clearly indicate that the vehicle is offered for the use of transportation of passengers for hire. B. No Operator Permit shall be issued to any person or entity whose color scheme, name, monogram or insignia to be used on its taxicabs is in conflict with, or imitates, any color scheme, monogram, name or insignia used by another person or entity operating with an Operator Permit within the City limits in such a manner as to be misleading to, or which would tend to deceive or defraud the public. 12.08.050 Operator Permit—Fee. The application fee for an Operators Permit, a Taxi Permit and a Drivers Permit shall be established by resolution of the City Council. These fees shall be paid at the time an application for the permit is submitted. 12.08.060 Taxi Permit - Required. A. It is unlawful for any Operator to use a vehicle as a taxicab without first obtaining a Taxi Permit for that specific vehicle from the TPO. Any vehicle to be used as a Taxicab and listed on an Operator Permit shall be inspected by a licensed mechanic within sixty (60) days of applying for an initial Operator Permit and each subsequent Operator Permit. No Taxi Permit shall be granted unless the applicant presents a signed and dated statement accompanied by a copy of the invoice from the licensed mechanic or licensed service technician who inspected the vehicle certifying that the vehicle and its safety systems are in safe operating condition. Vehicle inspections required for a Taxi Permit shall include, but are not limited to, fire extinguisher, motor, tires, brakes, safety restraints, upholstery and general cleanliness. The TPO may establish and publish vehicle safety inspection standards and procedures which will apply to Taxi Permits. Every Taxicab shall be subject to inspection at any time, by any City Police Officer, City Code Enforcement Officer, the TPO or upon request by the City. The Operator shall deliver a taxicab to the City or police station for inspection to ensure the vehicle is in compliance with the provisions of this chapter upon request. B. Whenever an Operator proposes to add a vehicle or substitute a vehicle for an existing vehicle on the Operator Permit, the Operator shall, prior to placing the vehicle in operation as a Taxicab, secure the necessary Taxi Permit. The TPO will verify the VIN of the vehicle, and will amend the Operator Permit to include the vehicle. Each addition or substitution shall require payment of the fee as established by resolution. C. Every taxicab must maintain a copy of the current statement and invoice as referenced above certifying that the vehicle and its safety systems are in safe operating condition in the vehicle at all times. Every taxicab shall be equipped at all times with a fully charged type 2A:5BC fire extinguisher in good working condition. D. Upon verification of the requirements of this section, the TPO shall affix the Taxi Permit to the upper corner of the vehicle's driver side rear window. 12.08.070 Driver Permit. A. It is unlawful for any person to drive a taxicab for hire, unless he or she obtains, from the TPO at the City, a Driver Permit. B. An applicant for a Driver Permit shall pay the appropriate fee and complete an application form which shall contain the following information: 1. Applicant's full name, address and age; 2. A listing of all equivalent permits which have been issued to the applicant by any other governmental agency; 3. Applicant's height, weight, sex, and color of eyes and hair; 4. The number, class and expiration date of applicant's California driver's license; any restrictions thereon, if any; and whether any license of applicant has been revoked, refused or suspended, the reasons therefore, and the disposition of such matters; 5. All criminal convictions other than minor traffic violations, including dates of conviction and the court where the conviction was rendered; 6. Authorization for the City, its agents or employees to seek information and conduct an investigation into the qualifications of the applicant; 7. The name of the registered owner of the taxicab; 8 The driver's taxicab operator (i.e., employer); and 9. A copy of the Operator Permit under which the driver is authorized to drive a taxicab in the City. C. At the time the applicant submits an application for a Driver Permit, the applicant shall be photographed and fingerprinted by the Temecula Police Department. D. At the time the application is submitted, the applicant shall pay the Driver Permit fee as established by resolution of the City Council. No Driver Permit application shall be processed without the payment of such fee. E. Applications for a Driver Permit shall be referred to the Temecula Police Department for the purposes of conducting a local criminal background check. The local law enforcement agency shall conduct a criminal background check and submit a recommendation to the TPO that the application be granted or denied. A recommendation for denial by the Temecula Police Department may be based only on the applicant's conviction of an offense enumerated in Section 12.08.090 or the applicant's failure to complete the mandatory controlled substance and alcohol testing certification program pursuant to subsection I of this section. F. In the event of a recommendation for denial of an application for a Driver Permit, the applicant may, within ten days of notification of such recommendation, apply to the appeal committee for a hearing and reconsideration of such recommendation in accordance with the procedures set forth in Section 12.08.110. G. A copy of the application along with the fingerprint card shall also be referred to the California Department of Justice for a general criminal background check. If the results of a general criminal background check indicate that the applicant has been convicted of any criminal charge enumerated in Section 12.08.090, the TPO may revoke any Driver Permit. H. An applicant eighteen years of age or older holding a valid California driver's license is entitled to a driver's permit provided that the following conditions are satisfied: 1. The local law enforcement agency conducting the criminal background check recommends granting the Driver Permit; and 2. The applicant successfully completes any driver certification requirements established by the TPO, including but not limited to a mandatory controlled substance and alcohol testing certification program. I. Applicant shall complete the City's mandatory controlled substance and alcohol testing certification program, which shall include, at minimum, all of the following requirements: 1. Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall continue to test negative for these controlled substances and for alcohol as a condition of permit issuance. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. 2. Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's license at the time and place of testing. Requirements for rehabilitation and for return -to -duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. 3. A test in another jurisdiction shall be accepted as meeting the City's testing requirement so long as said jurisdiction's test meets the requirements of Subsection 1 of this section. Any negative test result shall be accepted for one year from the date of the test result as meeting a requirement for permit testing, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment. 4. In the case of a self-employed independent driver, the test results shall be reported directly to the City, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the taxicab operator, who shall be required to notify the City of positive results. 5. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. 6. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return -to -duty and follow- up testing. 7. Upon the request of a driver applying for a Driver Permit, the City shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the City knows offer tests in or near the jurisdiction. 8. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. J. The driver's permit shall be valid for a period of one year from issuance unless suspended, revoked or surrendered earlier, and shall become void upon termination of employment at which time the driver shall return the Driver Permit to the City. 12.08.080 Permits—Authority. The TPO shall have the power to grant, deny, suspend or revoke any of all of the permits and approvals required by or authorized by this chapter when, in the exercise of reasonable discretion, it has determined that the applicant has or has not complied with all the provisions of this chapter. 12.08.090 Permits—Denial, Revocation, Expiration, or Suspension. A. The TPO may, and the TPO is authorized to deny, suspend or revoke any of the permits and approvals mentioned in this chapter when the permittee: 1. Has not complied with the provisions of the chapter; or 2. Has knowingly made a false statement of fact required to be revealed in an application for such permit; or 3. Has charged rates other than those which the permittee has on file with the City; or 4. Has violated any of the rules and regulations of the City Council or the TPO pertaining to the operation of taxicabs; or 5. Has been convicted of a crime, if the crime is substantially related to the qualifications, functions or duties of an operator or driver. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the TPO is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. B. Crimes which are substantially related to qualifications, functions or duties of an operator and driver include, but not limited to, the following: 1. Reckless driving; murder; rape; vehicular manslaughter; a violation of California Vehicle Code Sections 20001, 20002, or 20003 or any corresponding substitute sections; robbery; a violation of California Penal Code Section 314 or any corresponding substitute section; pandering; crimes related to the use, sale, possession, or transportation of controlled substances, narcotics or intoxicating liquors; assault; battery; or indecent exposure, or comparable violations in other jurisdictions. 2. In addition to the crimes listed above, no permit shall be granted to an applicant who has been convicted of three or more hazardous moving violations within the state of California, or comparable violations in other jurisdictions, within three years previous to submission of the application. C. From the time of expiration or revocation, or during the suspension of an Operator Permit or a Driver Permit granted under the provisions of this chapter, it is unlawful for any person whose permit is expired, suspended or revoked to operate or drive, respectively, a taxicab within the City limits until a new permit has been procured or until the period of suspension has ended. 12.08.100 Permits—Duration. All permits issued under the provisions of this chapter shall expire one year from the date of issuance. All Operators and Drivers must apply for Operator Permits and Driver Permits on an annual basis under this chapter. Operators are required to apply for Taxi Permits on an annual basis for each vehicle to be used as a Taxicab and listed on an Operator Permit. 12.08.110 Appeals. Any applicant for an Operator Permit or Driver Permit whose application was denied by the TPO, any holder of an operator or Driver Permit whose permit has been suspended or revoked by the TPO, and any operator or driver assessed administrative monetary penalties by the TPO may appeal such action(s) under Section 5.04.310 of the Temecula Municipal Code. 12.08.120 Rules, Regulations and Fees. A. Limitation on Driving Hours. No person shall be on duty to drive or available to drive a taxicab for hire for more than twelve consecutive hours. Regardless of aggregate driving time, no driver shall be on duty to drive or available to drive a taxicab for more than twelve hours in any twenty -four-hour period unless eight consecutive hours off duty have elapsed after the accrual of twelve hours of such duty time. B. Fasten Seatbelt Sign. In every taxicab, there shall be a sign no smaller than five inches by seven inches, stating that all occupants of the taxicab, including the driver, must wear his or her seatbelt at all times while the vehicle is in motion. C. No Smoking. Driver shall not smoke while the taxicab is occupied, without the consent of all passengers. D. Refusal of Service. No operator or driver of any taxicab licensed under this chapter shall fail or refuse, when in service and not engaged for hire, to transport to an announced destination within the service area of the business which operates the taxicab, and at rates authorized in this chapter, any person who presents him or herself for passage in an orderly manner and for a lawful purpose. Notwithstanding the foregoing, a dispatcher or a driver of a taxicab shall have the right to refuse service to any person who refuses to provide call-back information regarding any fare. E. Refusal to Pay Fare. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same. No person shall hire any vehicle described in this chapter with the intent to defraud the person from whom it is hired of the charges or fare. F. The City Manager or his or her designee shall have the authority to adopt and promulgate such rules and regulations as may be necessary for the implementation of this chapter and as necessary for the service and safety of the operation of taxicabs within the City and the passengers carried therein. G. The City Council shall have authority to adopt a schedule of fees to be charged to any applicant, permittee or prospective permittee in connection with taxi service activities under this chapter. 12.08.130 Use of Top Light. Each taxicab shall have permanently affixed to the top of the taxicab an operable top light. The lights of the top light shall be connected to the taximeter so that the top light clearly indicates when the taximeter is in operation. 12.08.140 Information Display. A. Every taxicab shall have permanently affixed to the exterior of the vehicle in full view, the name of the taxicab company and the vehicle number issued by the company. B. Every taxicab shall display an information card in full view of the passenger compartment. The information card, which shall be approved by the TPO, shall bear the driver's name, the operator's name or the fictitious name under which the operator operates, the business address, and telephone number of the operator, a picture of the driver, and the rates, including any surcharges, to be charged for the vehicle. The information card shall also state the name of the driver's employer. C. In addition to the information card, every taxicab shall display a rate card in full view of all passengers. The rate card shall state all of the following: 1. The maximum hourly, base, per mile or other rate on file with the City; and 2. The hourly rate, the rate per mile and the base or other rate charged by the operator. "Base rate" for the purposes of this chapter shall mean the minimum charge to a customer regardless of time or mileage, being that rate which is programmed to show in the taximeter when first activated. D. The information contained in both the information and rate cards shall be printed in type no smaller than twenty-four point (one-quarter inch). 12.08.150 Route—Number of Passengers. A. Every driver who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destinations, unless otherwise directed by a passenger. B. When a taxicab is engaged, the person engaging the taxicab shall have the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the driver to solicit or carry additional passengers unless authorized by the person engaging the taxicab. C. The driver of the taxicab may transport two or more passengers who voluntarily agree to share the vehicle from the same pickup point to one discharge point. A passenger who first engages a taxicab has the exclusive right to conveyance therein to his or her desired destination and the driver may not solicit additional passengers without the express permission of the first passenger. D. For the purposes of this subsection, the term "adult passengers" is defined as a person age thirteen years of age or older. The number of adult passengers which may be carried in a taxicab shall be limited to the seating capacity of the vehicle as specified by the manufacturer. The number of passengers consisting of adults plus children (age twelve years or less) which may be carried in a taxicab shall be limited to adult seating capacity of the vehicle as specified by the manufacturer. No person shall be carried in a taxicab who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy a space in or on the taxicab which is not a seat. E. In no event shall the number of passengers carried interfere with compliance, and the operator and the driver shall comply with, Vehicle Code Sections 27315(d) and 27360(c), regarding the use of seat belts and child passenger seat restraints. 12.08.160 Taximeter—Accuracy. It shall be the duty of every operator to at all times keep the taximeter accurate. It shall be certified as to its accuracy by the county of Riverside in accordance with county requirements and a certificate to that effect shall be kept available for inspection in the taxicab. A true and correct copy of certificate shall be filed with the TPO. The taximeter shall be subject to inspection annually and from time to time, by the TPO, or any peace officer. The TPO is authorized, at his or her discretion, or upon information received from any peace officer, or upon the complaint of any person, to investigate the taximeter and to remove or cause to be removed from the streets of the City, any taxicab upon discovery of a faulty or inaccurate taximeter, until the taximeter has been adjusted and evidence of its accuracy has been presented to the TPO. 12.08.170 Taximeter—Use. All taxicabs must base their charges on taximeters. All taximeters shall be placed so that the reading dial showing the amount to be charged is well lighted and readily discernible by the passenger(s) riding in the taxicab. 12.08.180 Taximeter—Misuse. A. It is unlawful for any driver, while carrying one or more passengers, to fail to activate the taximeter as if the taxicab is not employed, or to activate the taximeter when the taxicab is not actually carrying one or more passengers, or to fail to de- activate the taximeter at the termination of each and every service. B. It is unlawful for any driver, upon initial engagement of a taxicab for service by a passenger(s), to fail to activate the trip counter of the taximeter. 12.08.190 Receipt for Fare. It is unlawful for the driver, upon receiving full payment of a fare, to refuse to give a receipt upon the request of any passenger making the payment. 12.08.200 Street Stands. A. The City shall have the power of decision as to whether street stands may be located within its boundaries and if so, their location(s). The following provision shall apply to any street stand: 1. Taxicabs may stand while awaiting employment at any properly approved street stand in accordance with the requirements of this chapter and such regulations as may be adopted by the City. No more than three taxicabs may be engaged in standing at a street stand at any one time. While at a street stand, a taxicab shall not have its engine running unless necessary to control the interior temperature of the taxicab. 12.08.210 Operation by Other Than Operator. No taxicab for which an Operator Permit has been issued shall be operated by anyone but the operator thereof, or an employee, independent contractor, franchisee, or agent of the operator. 12.08.220 Rates. Every owner operating taxicabs in the City under this chapter shall at all times keep on file with the TPO a schedule of current rates and proposed new rates, if any, to be charged for the transportation of passengers. Reduced rates should be included for students, seniors and the disabled. Such schedule of rates shall be effective ten days after filing with the TPO. The owner shall also cause to be printed rate cards setting forth the current rates, shall file one rate card with the TPO and shall cause a copy of the rate card to be continuously on display in each taxicab operating under the operator's certificate in full view of the passengers. 12.08.230 Administrative Enforcement and Penalties. Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code. Violations of this chapter shall be considered infractions. Section 4. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 5. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2014. Maryann Edwards, Mayor ATTEST: Gwen R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 14- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of February, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk Item No. 11 Approvals City Attorney Finance Director Assistant City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: February 11, 2014 SUBJECT: Approval of levying an Assessment against Lodging Businesses within the Temecula Valley Tourism Business Improvement District (TVTBID) for Fiscal Year 2014-15 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council: 1. Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 2. Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the levy of the District; 3. If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2014-2015 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) BACKGROUND: On December 13, 2005, a Public Hearing was held to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District (TVTBID). A majority protest was not received and, therefore, Council enacted an ordinance establishing the TVTBID. Also adopted were resolutions to levy an annual assessment and resolutions to establish an advisory board for the TVTBID. A Management Agreement between the City of Temecula and The Convention and Visitors Bureau (CONVIS) was also approved for the operation and administration of the TVTBID. In accordance with the Management Agreement between the City of Temecula and the Convention and Visitors Bureau, the CONVIS is responsible for the operation and administration of the Temecula Valley Tourism Business Improvement District for the purposes of attracting more customers who will patronize the lodging businesses in the City of Temecula as identified in Chapter 3.40 of the Temecula Municipal Code. At this Public Hearing, testimony will be heard and protests may be made by any person with an interest in the proposed levy. In the absence of a majority protest, it is recommended that the City Council adopt the resolution to levy the assessment for the Fiscal Year 2014-2015 (March 1, 2014 through February 28, 2015). The formation of the TVTBID was initiated by the lodging establishments and the CONVIS and currently is comprised of 15 lodging establishments within the City limits of Temecula. There were no new lodging businesses established in Fiscal Year 2013-2014. In addition, there are currently no new lodging businesses anticipated to open in Fiscal Year 2014-15. According to the Parking and Business Improvement Area Law of 1989 (the Law), the City Council is authorized to annually undertake proceedings to levy an assessment against businesses within the TVTBID. In accordance with Section 36533 of the Law, the TVTBID Advisory Board has prepared and filed with the City Clerk a report for Fiscal Year 2014-2015. The report, which was presented to City Council and approved on January 28, 2014, thoroughly details the proposed budget and activities, and programs and events for the District for the coming year. After approving the report, City Council adopted Resolution No. 14-07 to declare its intention to levy an assessment against lodging businesses for Fiscal Year 2014-15 within the District and to set the time and place of a Public Hearing. The annual levy represents 4% of the room rates collected. This levy is an assessment on the lodging guests at lodging establishments within the City of Temecula and not on the citizens of Temecula. These funds are expended for the purpose of marketing and promoting tourism in the Temecula Valley area as a tourist destination to the special benefit of lodging businesses located and operating within the boundaries of the District. The 2014-2015 Marketing Plan for the TVTBID shows the specific advertising and trade show participation for the marketing of lodging establishments in the City of Temecula as well as other actions designed to market and assist lodging establishments in increasing their business. For example, all lodging establishments within the City of Temecula receive a '/z page advertisement in the Visitors Guide and Meeting Planner Guides as well as an online banner advertisements on the CONVIS website and online Wedding Planner Guide. Direct booking of City of Temecula hotel rooms are also made available via the CONVIS website. All City of Temecula lodging establishments are invited to participate in media tours and trade show events with CONVIS Staff. The Report also shows the success of these efforts with a 5.2% increase in occupancy for the lodging establishments in the City of Temecula during the past year. To date, there have been no protests against the assessment by the lodging operators. In fact, all lodging operators within the City of Temecula that are subject to the assessment have affirmatively expressed their support for continuing the assessment. FISCAL IMPACT: It is anticipated that the 4% annual assessment would result in the collection of approximately $1,286,163 in Fiscal Year 2014-15 which would be used by the CONVIS for the promotion of tourism to specially benefit the assessed lodging businesses in the district. The City would receive up to 2% of the assessments, or approximately $25,723, to offset administrative costs. ATTACHMENTS: 1. Resolution 2. In -Support of Hotel Levy Petition RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2014-2015 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (the "Act"), authorizes the City Council (the "City Council") of the City of Temecula (the "City") to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Ordinance No. 05-16 establishing the Temecula Valley Tourism Business Improvement District (the "District") in the City. Section 3. The boundaries of the District are the boundaries of the City and include all lodging businesses therein (as defined in Temecula Municipal Code Section 3.40.020). Section 4. In accordance with Section 36533 of the Law, the Advisory Board for the District prepared and filed with the City Clerk reports entitled "2013-2014 Annual Report" and "2014-2015 Annual Report: Budget and Marketing Plan" (the "Reports"), and on January 28, 2014, Resolution No. 14-07, the City Council preliminarily approved such Report as filed. Section 5. On January 28, 2014, the City Council adopted its Resolution of Intention, Resolution No. 14-07, declaring its intention to levy and collect an assessment for Fiscal Year 2014-2015 (March 1, 2014 through February 28, 2015) against lodging businesses in the District. Section 6. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for Fiscal Year 2014-2015. At the public hearing, the testimony of all interested persons regarding the levy of an assessment against lodging businesses within the District for Fiscal Year 2014-2015 was heard and considered. The City Council hereby determines that there was no majority protest within the meaning of the Act. Section 7. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (i) the lodging businesses in the District will be specially benefited by the expenditure of funds raised by the assessment for Fiscal Year 2014-2015, (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for Fiscal Year 2014-2015 in accordance with Resolution No. 14-07, the Report, and Chapter 3.40 of the Temecula Municipal Code is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. Section 8. The City Council hereby confirms the Report as originally filed. Section 9. The adoption of this Resolution constitutes the levy of an assessment for Fiscal Year 2014-2015. The assessment formula is set forth in Chapter 3.40 of the Temecula Municipal Code. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of February, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of February, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk SOUTHERN CAk..iF JRNIA WINE COUNTRY December 18, 2013 Convention and ( Visitors Bureau Petition for Continuation of TVTBID for Fiscal Year 2014-2015 As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent to the assess + ents *_ - ; uest approval of the assessments by the Temecula City Council. 1) Best W ser 2) OJT,/ 3 4) m Country In Represe ative epresentative Difend dd'Sfay Repre F' ative Fairfield Inn & Suite 5) 1/11 L. s J, 6) epresentative Hampt. I n & uiteRepresentative Holiy Inn Express Representative uites Rep es- tative 9) u,11kGifi (77 Print Name & Title nr116 !tee'--Shikh jefth/ Print Name & Title 4-k Vm.a- Print Name & Title PrName & Title Nat Gets G ghat) •41 &-ehr,i '('1'"''d Print Name & Titl Kut L- jj -- /(4- Print .Print Name & Title Print Name_& Title )1VeVi�-4 i Print rpe & Ti le 74/t0 5 entative Print Name & Title gCA) LC} X57 wtY€k?- C , . ualit Inn Wine Count epresentative Printf Name & Title 11) : AN('- Z 4/14 Ramada Inn Represent. ive 12) 11C(111 RanchoCalifornia Inn Representative 13) 41-c) -c) 1� Rodeway Inn Re _esentative 14) Print Name & Title (ekty,- (NO\ Print Name & Title h o vh Fc Fe m ti n Y Print Name & Title kR5s leA1 i. Spring Hill Suites `presentative 15) Print Name & Title Temecula Creek Inn Representative Print Name & Title 28690 mercedes st • suite a • temecula ca 92590 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com December 18, 2013 Petition for Continuation of TVTBID for Fiscal Year 2014-2015 As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent to the assessments and request approval of the assessments by the Temecula City Council. qz41 � WftuicOUl flY (7, nvention and Visitors Bureau 2) BestW ster (1 Country Inn Representative r; Massy Suites 0 I epreseftative 3) Extended Stay Representative 4) Fairfield Inn & Suite epresentative Print Name & Title Ogrrin Print Name & Title Print Name & Title Print Name &Title Ala S 6 -en N I SI/dam `ultes Representative Moll+ y. Inn Express Representative La Qui 8) el 6 Representa iv 9} Print Name & Tltl KUKA' l Kikl��w Print Name & Title I OA sµ. P i IrR -- C • Print Nam 1& Title Print Name & Title Paloma lotel Re.ntative 10) uallt Inn Wine Cotfntr 11) epresentative Ramada Inn Representa ive 12}4I ,0 Rancho California Inn Representative 13) ✓r Gem Rodeway Inn Re esentative 14) SpringHill Suites " rs;se tatIve 4' Temecula Creek Inn Representative 28690 mercedes st • suite a • tenacula ca 92590 em ei I Print Name & Title ge,,.s es'7 Yge. ta, , Print Name & Title /k///( 444 A4 Print Name & Title f �x girl .gckk Print Name & Title (3hClY h. Pc; J -e Print Name & Title fri A t1 A cv 415-s( e, Ci.lut Print Name & Title Print Name & Title 951.491,6085 888.363.2852 fax 951.491.6089 lemeculacvb.com REQUESTS TO SPEAK Date REQUEST TO SPEAK CITY OF TEMECULA 4 - 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. y� j� I wish to speak on Agenda Item No. 1 o �J(-� C- (G rYhy%z-x. 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