The URL can be used to link to this page

Home My WebLink About072214 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 22, 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: 14-05 Resolution: 14-45 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Joshua Bondoc, Samuel Bondoc, Joseph Campbell, and Susan Miyamoto Invocation: Sylvester Scott of The Baha'i Community of Temecula Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Charolette Fox Certificate of Congratulations to Jack and Linda Williams — Richie's Real American Diner 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. 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of July 8, 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 Operating Agreement with Temecula Valley Chamber of Commerce for Fiscal Year 2014-15 RECOMMENDATION: 4.1 That the City Council approve the Operating Agreement with Temecula Valley Chamber of Commerce, in the amount of $135,000, for Fiscal Year 2014-15. 2 5 Sponsorship Agreement with Temecula Valley International Film and Music Festival for 2014 RECOMMENDATION: 5.1 That the City Council approve the Event Sponsorship Agreement with Temecula Valley International Film & Music Festival, in the amount of $10,000 in monetary funds and $15,065 for in-kind promotional services/use of the Conference Center, for the 2014 Temecula Valley International Film and Music Festival to be held September 17-21, 2014. 6 Marketing Agreement with Temecula Valley Convention & Visitors Bureau for Fiscal Year 2014-15 RECOMMENDATION: 6.1 That the City Council approve the Marketing Agreement with Temecula Valley Convention & Visitors Bureau, in the amount of $50,000, for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map and for film commission services for Fiscal Year 2014-15. 7 Sponsorship Agreement with the Off Road Knights Foundation for the 2014 Off Road Nights Dirt Lifestyle Festival RECOMMENDATION: 7.1 That the City Council approve the Event Sponsorship Agreement with the Off Road Knights Foundation for city -support costs, in the amount of $9,290 and in- kind promotional services of $11,415, for the 2014 Off Road Nights Dirt Lifestyle Festival. 8 Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Altair Specific Plan RECOMMENDATION: 8.1 That the City Council approve an Agreement for Consulting Services with Environmental Science Associates (ESA), in the amount of $237,780, plus a 10% contingency of $23,778 for a total agreement amount of $261,558, for the preparation of an Environmental Impact Report (El R) for the Altair Specific Plan. 9 Approval of Tract Map 36295 (located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos) RECOMMENDATION: 9.1 Approve Tract Map 36295 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor and Materials Bond as security for the Agreement; 3 9.3 Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. 10 Granting of Non -Exclusive Easement to Eastern Municipal Water District in connection with the installation of a Sewer Main within City Property located at Old Town Front Street and First Street RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND EASTERN MUNICIPAL WATER DISTRICT IN CONNECTION WITH GRANT OF NON- EXCLUSIVE EASEMENT FOR EASTERN MUNICIPAL WATER DISTRICT'S OLD TOWN SEWER IMPROVEMENTS (ASSESSOR'S PARCEL NUMBER 922-100-031) 10.2 Authorize the City Manager to approve and execute any necessary documents, including the Form of Grant of Easement attached as Exhibit "D" to the Purchase and Sale Agreement, and to take all necessary actions to complete the grant of the non-exclusive easement to Eastern Municipal Water District, including without limitations, all escrow instructions. 11 Award a Construction Contract for the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06 RECOMMENDATION: 11.1 Award a Construction Contract to American Asphalt South, Inc., in the amount of $920,852.48, for the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06 11.2 Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $138,127.87, which is equal to 15% of the contract amount; 11.3 Make a finding that the Citywide Slurry Seal Fiscal Year 2014-15 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. ******************** 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 ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 14-01 Resolution: No. CSD 14-05 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of July 8, 2014. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 12, 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 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 14-01 Resolution: No. TPFA 14-01 CALL TO ORDER: Chairperson Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Washington, Edwards TPFA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Authority 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. TPFA 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 Public Financing Authority request specific items be removed from the Consent Calendar for separate action. 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of July 23, 2013. 14 Authorization of Fiscal Year 2014-15 Special Tax Levies (Citywide) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-01 (CROWNE HILL) 6 14.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-02 (HARVESTON) 14.3 Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) 14.4 Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 14.5 Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT Next regular meeting: Tuesday, August 12, 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. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting 8 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 15 Weed Abatement Lien Resolution for Fiscal Year 2013-14 RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR FISCAL YEAR 2013-14 CITY COUNCIL BUSINESS 16 Selection of Member to Serve on the Diaz Property Ad Hoc Subcommittee RECOMMENDATION: 16.1 That the City Council appoint a member of the City Council to serve on the Diaz Property Ad Hoc Subcommittee. DEPARTMENTAL REPORTS 17 City Council Travel/Conference Report - June 2014 18 Community Development Department Monthly Report 19 Police Department Monthly Report 20 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT 9 ADJOURNMENT Next regular meeting: Tuesday, August 12, 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. 10 PRESENTATIONS City of Temecula Certificate of Appreciation Presented on behalf of the City Council and the Citizens of the City of Temecula to: Charolette Fox Nearly 60 years ago, Charolette's first experience with civic duty began, giving her a deep-seated desire to seek opportunities to work with and serve the public. Charolette has served in many capacities with several area and regional programs, and legislative committees. Most notably, Charolette has served as a member of the City of Temecula Community Services Commission for over 11 years. As a member of the Community Services Commission, Charolette has exemplified the Temecula spirit through her tireless advocacy on behalf of the community and unwavering support of City staff, with a passion for parks and recreation, arts & culture, youth programs, intergenerational activities, and human services. We would like to take this opportunity to express our sincere gratitude and appreciation for her immeasurable experience, dedicated service, loyalty, and commitment to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of July, 2014. Maryann Edwards, Mayor Randi Johl-Olson, JD, MMC, City Clerk q City of Temecula Certificate of Congratulations Presented on behalf of the City Council and the Citizens of the City of Temecula to: Jack and Linda Williams Founders of Richie's Real American Diner We would like to take this opportunity to congratulate Jack and Linda Williams as recipients of the Silver Plate Award in the Independent Restaurants/Multi-Concept category given by the International Foodservice Manufacturers Association. The Silver Plate Award acknowledges the leadership and dedication put forth by the individuals, and celebrates their advancement within the foodservice industry. In 1991, the first Richie's Real American Diner was established in Temecula and became a community favorite for old-fashioned country cookin' and using only the best ingredients. Jack and Linda's philosophy is simply, "Pleasin' People". We wish them every future happiness and continued success. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of July, 2014. Maryann Edwards, Mayor Randi Johl-Olson, JD, MMC, City Clerk Item No. 1 CONSENT CALENDAR Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 8, 2014 – 7:00 PM 6:00 P.M. – The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the City of Temecula as the Housing Successor Agency to the former Temecula Redevelopment Agency consisting of approximately 32 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Wild Rivers Temecula, LLC, Heritage Classic Charter School of America and the City of Temecula. Negotiators for Wild Rivers, LLC are: Michael Riedel and Jeff Hopkins; negotiator for Heritage Classic Charter School of America is James R. Bach; negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Armando Villa and Luke Watson. Under negotiation are price and terms of the potential sale of the property." 2) Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of pending litigation: Halleman v. City of Temecula (Riverside Superior Court Case No. MCC 1300889). 3) Conference with Legal Counsel—Potential Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation and will discuss whether to initiate litigation against a certain defendant. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Edwards called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Xandre Clementsmith Invocation: Pastor Adam Sullivan of Crossroads Church Action Minutes 070814 1 Flag Salute: Mayor Pro Tem Jeff Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Winners of the 2014 Ralph Love Plein Air Contest Old Town Sewer Improvements Project Update (Presentation by EMWD) PUBLIC COMMENTS The following individual addressed the City Council: • Betty Manrique CITY COUNCIL REPORTS CONSENT CALENDAR • Paul Jacobs addressed the City Council on Item 6. 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected 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. 2 Action Minutes — 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: 2.1 Approve the action minutes of June 24, 2014. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 070814 2 RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-44 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 May 31, 2014— 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: 4.1 That the City Council approve and file the City Treasurer's Report as of May 31, 2014. 5 First Amendment to Fire/EMS Protection Agreement for Fiscal Year 2014-15 — 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: 5.1 That the City Council approve the First Amendment to the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention and medical aid. This Exhibit covers services requested for Fiscal Year 2014-15. 6 Acceptance of Improvements and Notice of Completion for Pavement Rehabilitation Program — Rancho Vista Road (Margarita Road to Paseo Goleta), PW 10-15 — 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: 6.1 Accept the construction of Pavement Rehabilitation Program — Rancho Vista Road (Margarita Road to Paseo Goleta), PW10-15, as complete; 6.2 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; 6.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. Action Minutes 070814 3 7 Second reading of Ordinance No. 14-04 — 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: 7.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 14-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS RECESS At 7:34 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:40 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 10 2015 Temecula Rod Run Planning and Implementation — Approved Staff Recommendation (3-0-0-2, Council Members Comerchero and Edwards in opposition) Council Member Washington made the motion to give staff authority to recruit mentioned sponsor and direct its sponsorship entirely to the Rod Run; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Naggar, Roberts and Washington with Council Member Comerchero and Edwards in opposition. RECOMMENDATION: 10.1 That the City Council approve the planning and implementation of the 2015 Temecula Rod Run to be handled by City staff within the Community Services Department. 11 Exclusive Negotiating Agreement for the potential disposition of City -owned property located at the northwest corner of Diaz Road and Dendy Parkway (APN 909-370-002) — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. Action Minutes 070814 4 RECOMMENDATION That the City Council approve an Exclusive Negotiating Agreement (ENA) between the City and Wild Rivers Temecula, LLC (Wild Rivers) for the potential purchase and sale of the City -owned Diaz Road property (APN 909-370-002) (Subject Property). CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Candice Lee advised there was nothing to report under the Brown Act. ADJOURNMENT At 8:14 P.M., the City Council meeting was formally adjourned to Tuesday, July 22, 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: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Action Minutes 070814 5 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 July 22, 2014 List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist 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 $1,830,118.46. 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 22nd day of July, 2014. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 22nd day of July, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 06/26/2014 TOTAL CHECK RUN: $ 835,130.32 07/03/2014 TOTAL CHECK RUN: 509,838.14 07/03/2014 TOTAL PAYROLL RUN: 485,150.00 TOTAL LIST OF DEMANDS FOR 07/22/2014 COUNCIL MEETING: $ 1,830,118.46 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 586,696.28 135 BUSINESS INCUBATOR RESOURCE 7,768.63 140 COMMUNITY DEV BLOCK GRANT 3,073.51 165 SARDA AFFORDABLE HOUSING 8,725.59 190 TEMECULA COMMUNITY SERVICES DISTRICT 318,581.73 192 TCSD SERVICE LEVEL B 114.18 194 TCSD SERVICE LEVEL D 1,191.33 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,088.87 197 TEMECULA LIBRARY FUND 51,576.15 210 CAPITAL IMPROVEMENT PROJECTS FUND 93,202.30 300 INSURANCE FUND 36,681.12 310 VEHICLES FUND 3,144.81 320 INFORMATION TECHNOLOGY 113,007.05 330 CENTRAL SERVICES 20,463.42 340 FACILITIES 57,540.83 477 CFD- RORIPAUGH 2,131.06 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 891.51 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 776.57 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 46.87 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 203.36 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,187.98 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 532.77 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 529.88 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 3,483.69 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 65.08 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 378.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 113.49 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,228.14 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 23.19 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 951.30 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 279.87 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 918.88 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 13.65 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 2,701.24 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 181.54 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 7,518.39 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2,465.58 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 63.86 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.47 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 1,769.65 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 486.99 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 100.72 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.47 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 1,835.44 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 101.67 700 CERBT CALIFORNIA EE RETIREE-GASB45 6,118.63 $ 1,344,968.46 001 GENERAL FUND $ 265,071.17 140 COMMUNITY DEV BLOCK GRANT 1,985.88 165 SARDA AFFORDABLE HOUSING 5,618.93 190 TEMECULA COMMUNITY SERVICES DISTRICT 129,178.13 192 TCSD SERVICE LEVEL B 239.86 194 TCSD SERVICE LEVEL D 2,463.55 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 486.35 197 TEMECULA LIBRARY FUND 870.73 300 INSURANCE FUND 4,108.72 320 INFORMATION TECHNOLOGY 24,189.15 330 SUPPORT SERVICES 6,516.30 340 FACILITIES 9,867.52 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 82.15 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 55.05 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65.54 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.98 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 132.64 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.94 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.09 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 225.17 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.31 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.32 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.92 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 150.35 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.08 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.55 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.21 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.44 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.23 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 139.28 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 201.97 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 341.59 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.14 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.98 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 192.22 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.89 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.82 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.98 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 283.30 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.94 700 CERBT CALIFORNIA EE RETIREE-GASB45 32,318.11 485,150.00 TOTAL BY FUND: $ 1,830,118.46 apChkLst Final Check List Page: 1 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 165240 06/26/2014 000733 ABBEY PARTY RENTS Tables and Chairs Rental for 6-12-14 505.00 505.00 165241 06/26/2014 016764 ABM BUILDING SERVICES, LLC emerg hvac repair srvcs: var facilities 84.18 emerg hvac repair srvcs: var facilities 74.56 emerg hvac repair srvcs: var facilities 89.48 AC elec rm:Children's Museum 5,060.60 165242 06/26/2014 016764 ABM BUILDING SERVICES, LLC replace restroom exhaust fan motor: foc 458.40 165243 06/26/2014 013367 ACTIVE MICRO INC 165244 06/26/2014 004422 AMERICAN BATTERY CORPORATION 165245 06/26/2014 000936 AMERICAN RED CROSS 165246 06/26/2014 011954 BAKER & TAYLOR INC 165247 06/26/2014 013482 BAS SECURITY 165248 06/26/2014 016870 BLAZAR COMMUNICATIONS, INC. 165249 06/26/2014 017011 BRIGNONI-DIAZ, MERARIS 165250 06/26/2014 016449 BROWN, ANGELA DAWN 165251 06/26/2014 006908 C C & COMPANY INC 165252 06/26/2014 004462 C D W GOVERNMENT INC 165253 06/26/2014 003138 CAL MAT replace hvac fan motor: maint facility Misc tools & equip: PW traffic div MISC IT SUPPLIES:CIVIC CENTER MISC IT SUPPPLIES:LIBRARY 5,308.82 524.50 982.90 418.86 5.83 283.88 708.57 replacement batteries: crc pool ada lift 112.32 112.32 Water safety training:aquatics pgrm 420.00 420.00 Temecula Library: Misc. collections 1,403.66 1,403.66 SECURITY:STREET PAINTING 1,387.50 1,387.50 FESTIVAL 2014 Pkg/asset tracking software:central ser 2,910.60 2,910.60 refund:rm rental:CRC refund: sec deposit: Theater Performance for cultural events: 6/20-22 HP POE Switch & UPS:TCC facility asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs 55.00 55.00 500.00 500.00 800.00 800.00 648.00 648.00 409.37 295.34 202.71 97.06 340.82 302.81 1,648.11 Pagel apChkLst Final Check List Page: 2 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165254 06/26/2014 004248 CALIF DEPT OF MAY 14 FINGERPRINTING SRVCS: PD, JUSTICE-ACCTING HR & TV Amount Paid Check Total 3,827.00 3,827.00 165255 06/26/2014 007843 CALVARY CHAPEL BIBLE refund:sec dep:picnic rental:RRSP 200.00 200.00 165256 06/26/2014 000131 CARL WARREN & COMPANY May 14 Claim adjuster services 764.96 764.96 INC 165257 06/26/2014 004931 CHICAGO TITLE COMPANY Preliminary title report: old town 750.00 750.00 165258 06/26/2014 012627 CLEAR IMAGE ENTERPRISES window cleaning services:Civic Center 3,850.00 3,850.00 INC 165259 06/26/2014 013989 CNS INDUSTRIES, INC. graffiti removal supplies:pw st maint 1,868.16 1,868.16 165260 06/26/2014 003997 COAST RECREATION INC playground repair parts:sunset park 554.90 554.90 165261 06/26/2014 000442 COMPUTER ALERT SYSTEMS trouble on balcony door: theater 85.80 emerg alarm repair srvcs:foc & theater 75.00 160.80 165262 06/26/2014 000447 COMTRONIX veh safety equip repair:pw truck 1,539.28 COMMUNICATIONS radio & safety equip:PW Vehicle 3,144.81 prey maint srvcs: city radio repeater 3,000.00 7,684.09 165263 06/26/2014 002945 CONSOLIDATED ELECTRICAL misc electrical supplies:var parks 772.20 772.20 DIST. 165264 06/26/2014 001264 COSTCO TEMECULA #491 165265 06/26/2014 004329 COSTCO TEMECULA #491 165266 06/26/2014 010650 CRAFTSMEN PLUMBING & HVAC INC Misc supplies: Fire 78.94 SUPPLIES: ECONOMIC DEVELOPMENT I 99.22 178.16 Supplies:CRC 358.24 SUPPLIES:JRC 141.26 SUPPLIES:JRC 109.48 Supplies:Skate Park 242.79 Program supplies: cultural events 989.71 MISC SUPPLIES:CULTURALARTS PGRM 232.30 emerg plumbing srvcs: crc 155.00 drain service:senior center exhibit repair srvcs: pennypickle plumbing srvcs: jrc plumbing srvcs: jrc hvac & plumbing srvcs: jrc HVAC & PLUMBING SRVCS: JRC Station repair & maintenance: Sta 73 425.00 895.00 130.00 85.00 262.68 127.00 225.00 2,073.78 2,304.68 Paget apChkLst Final Check List Page: 3 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165267 06/26/2014 016884 CREATIVE DATA SOLUTIONS TCSD Instructor Earnings Amount Paid Check Total 1,694.00 1,694.00 165268 06/26/2014 000209 CROP PRODUCTION SERVICES misc small tool parts: erosion control 326.92 misc small tool parts: erosion control 28.51 355.43 165269 06/26/2014 015213 CYBER COMPUTERS, INC. Samsung cloud displays:info tech 11,174.22 11,174.22 165270 06/26/2014 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 06/17/14 133.00 133.00 165271 06/26/2014 001393 DATA TICKET, INC. May 14 Parking citation 1,284.19 1,284.19 165272 06/26/2014 002990 DAVID TURCH & ASSOCIATES Jun 14 fed. legislative cnslt svcs: cm 3,500.00 3,500.00 165273 06/26/2014 003945 DIAMOND ENVIRONMENTAL Portable restrooms:var csd events 7/3 340.16 340.16 SRVCS 165274 06/26/2014 016791 DIAZ, ILIA refund:sec dep:rm rental:Harveston 200.00 200.00 165275 06/26/2014 004417 DISCOUNT SCHOOL SUPPLY Misc supplies:tvm summer explorers 136.30 136.30 165276 06/26/2014 004192 DOWNS ENERGY FUEL & Fuel for City vehicles: PW -traffic 300.14 LUBRICANTS Fuel for City vehicles:PW Maint Fuel for City vehicles: PW Fuel for City vehicles: park rangers Fuel for City vehicles: bldg inspectors Fuel for City vehicles: Police Dept 1,336.34 60.88 331.73 373.22 122.51 165277 06/26/2014 002390 EASTERN MUNICIPAL WATER May water meter:Murr hot springs rd 38.05 DIST 165278 06/26/2014 011203 ENVIRONMENTAL CLEANING 165279 06/26/2014 011292 ENVIRONMENTAL SCIENCE ASSOC. 165280 06/26/2014 015966 ERGO SOLUTION INC 165281 06/26/2014 000164 ESGIL CORPORATION May water meter:Murr hot springs rd May water meter:39569 Seraphina Rd May water meter:39656 Diego Dr Jun 14 janitorial srvcs: var park Apr 14 Spplmntl EIR:tem valley hospital Ergonomic eval & report: HR 06/13/14 APR 14 PLAN REVIEW SVCS: B&S DEPT 228.85 336.68 268.14 5,265.00 6,767.27 2,524.82 871.72 5,265.00 6,767.27 500.00 500.00 6,935.92 6,935.92 Page:3 apChkLst Final Check List Page: 4 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165282 06/26/2014 004836 EWING IRRIGATION PRODUCTS INC (Continued) Description Amount Paid Check Total flow sensor assembly:various parks 1,902.88 flow sensor assembly:harveston slope 3,262.08 irrigation material: vail ranch slope 2,219.40 7,384.36 165283 06/26/2014 015345 EXPRESS VIDEO SUPPLY, INC. GOPRO gooseneck for GoPro Hero: IT 21.79 21.79 165284 06/26/2014 015330 FAIR HOUSING COUNCIL MAY FAIR HOUSING SVCS:CDBG 559.37 559.37 FUNDING 165285 06/26/2014 009953 FEDERAL CLEANING Mar 14 Janitorial srvcs:police mall CONTRACTORS 761.50 761.50 165286 06/26/2014 000165 FEDERAL EXPRESS INC 6/9 Express mail services 22.32 6/6 & 6/11 Express mail services 39.85 62.17 165287 06/26/2014 014865 FEIZE UHLER, KIMBERLY Promotional key chains:TVE2 pgrm 372.31 USB Drives with ED Logo 612.63 984.94 165288 06/26/2014 003747 FINE ARTS NETWORK refund:sec dep:Theater 500.00 500.00 Page:4 apChkLst Final Check List Page: 5 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165289 06/26/2014 003347 FIRST BANKCARD CENTER 016995 MC-GRAW HILL CONSTRUCTION (Continued) Description Amount Paid Check Total JH engineering news record 9.95 014885 TEMECULA CATERING AA catering svcs:eco dev event 513.00 010514 CAMPINI'S ITALIAN DELI AA refreshments: city mgr mtg 5/13 79.44 013301 RED GINGER CHINA BISTRO AA refreshments: council closed session 165.67 000293 STADIUM PIZZA INC AA refreshments: TVE2 bus dev seminar 121.07 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 10.93 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 15.81 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 27.39 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 75.12 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 99.30 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 89.55 006952 PAYPAL KH Verisign Payflow Pro Transaction 355.20 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 24.29 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 40.40 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 10.10 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 308.76 007282 AMAZON.COM, INC KH MISC. COLLECTIONS: LIBRARY 497.16 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 15.95 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 17.88 007341 SOUTH COAST WINERY, INC. KH Refund Dpst:Rental/Catering 1,449.99 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 16.74 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 108.66 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 101.80 001735 DEL TACO RESTAURANT PROP KH refreshments for Memorial Day Event 183.60 III 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 8.19 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 9.50 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 58.26 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 159.30 Page:5 apChkLst Final Check List Page: 6 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 27.00 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 13.18 007341 SOUTH COAST WINERY, INC. KH Rental/Catering:Sister Cities Prgm 1,918.08 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 126.02 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 92.03 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 69.46 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 9.71 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 71.39 009847 CALIFORNIA PRESENTERS KH PRESENTER DAY PASS 155.00 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 78.31 014551 LVIPRINT, INC KH Banner:Children's Museum 787.50 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 358.63 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 252.38 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 64.01 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 16.74 007282 AMAZON.COM, INC KH MISC. COLLECTIONS:LIBRARY 170.96 000747 AMERICAN PLANNING AV TRAINING: APA REGISTRATION- 390.00 ASSOCIATION VILLA, A. 000747 AMERICAN PLANNING AV TRAINING: APA REGISTRATION- 45.00 ASSOCIATION VILLA, A. 014583 PALUMBO'S RISTORANTE, LLC AA refreshments: marketing strategies 64.80 014466 REDHAWK PIZZA LLC AA Refreshments: council meal for 5/27 122.56 015354 FACEBOOK.COM AA facebook promoting city government 41.17 010514 CAMPINI'S ITALIAN DELI TG refreshments: Bicy&Ped safety lunch 162.43 015236 JUAN POLLO #24 TG refreshments: nat'I pw week lunch 386.10 017015 AIRSERVER MH Airserver for PC Business License 19.99 013338 APPLE STORE MH apple care service fee for ipad 49.00 013338 APPLE STORE MH misc supplies: IT 256.44 013851 STORM SOURCE, LLC MH appointment plus:IT 20.00 006692 SAM'S CLUB GB refreshments: council bdgt workshop 55.61 015421 SURVEYMONKEY.COM GB surveys membership:HR 204.00 Page:6 apChkLst Final Check List Page: 7 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 007282 AMAZON.COM, INC 016995 MC-GRAW HILL CONSTRUCTION (Continued) Description Amount Paid Check Total GB office supplies: H.R. 14.20 JH engineering news record 9.95 006952 PAYPAL JH Verisign Payflow Pro Transaction 59.95 000733 ABBEY PARTY RENTS AA tablecloths -city council budget 52.50 016886 MANDALAY BAY AA Int'I Conf of Shopping 376.32 016886 MANDALAY BAY AA Int'I Conf of Shopping Ctrs-Damko, C 376.32 016886 MANDALAY BAY AA Intl Conf of Shopping 191.52 016886 MANDALAY BAY AA Intl Conf of Shopping Ctrs-Damko, C 191.52 000515 TEMECULA VALLEY CHAMBER AA team Temecula table -State of the City 160.00 12,032.79 OF 165290 06/26/2014 014393 FONSTAD, RONALD EUGENE CPR/AED SUPPLIES: FIRE DEPT 6,123.00 6,123.00 165291 06/26/2014 004074 FRANCHISE MGMT SERVICES MISC SUPPLIES:HIGH HOPES PGRM 179.71 179.71 INC 165292 06/26/2014 016184 FUN EXPRESS, LLC SUPPLIES:HIGH HOPES PROGRAM 477.82 477.82 165293 06/26/2014 010326 G E MOBILE WATER, INC WATER FILTRATION PARTS: STA 73 95.04 95.04 165294 06/26/2014 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 6/21 1,388.75 1,388.75 165295 06/26/2014 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings 1,001.00 TCSD instructor earnings 847.00 1,848.00 165296 06/26/2014 000177 GLENNIES OFFICE PRODUCTS MAY 14 MISC OFFICE SUPPLIES: PW 243.61 INC May 14 Misc office supplies: TVE2 176.86 420.47 165297 06/26/2014 017009 GOMEZ, GABRIEL refund:cancelled bus lic #034081 36.00 36.00 165298 06/26/2014 003792 GRAINGER 165299 06/26/2014 015451 GREATAMERICA FINANCIAL SVCS ear plugs for theater 32.44 shower plumbing parts: CRC 173.06 shower plumbing parts: CRC 79.90 shower plumbing parts: CRC 433.32 Portable A/C unit:JRC 3,713.55 4,432.27 Jul 14 Copier Lease: central services 520.09 520.09 165300 06/26/2014 004188 HARRIS & ASSOCIATES Apr 14 Const mgmt srvcs:fv pkwy 19,774.71 19,774.71 Page:7 apChkLst Final Check List Page: 8 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165301 06/26/2014 002109 HD SUPPLY CONSTR. SUPPLY Maint supplies: fiber expansion board LTD 165302 06/26/2014 001135 HEALTHPOINTE MEDICAL EMP INDUSTRIAL CARE SRVCS:HR GROUP INC 165303 06/26/2014 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 25.92 25.92 305.00 305.00 2,740.50 1,417.50 3,118.50 3,213.00 10,489.50 165304 06/26/2014 017012 HERRERA, JOSEPH refund:cultural arts events 50.00 50.00 165305 06/26/2014 010210 HOME DEPOT SUPPLY INC, small tools & equip: parking garage 758.52 758.52 THE 165306 06/26/2014 003198 HOME DEPOT, THE Misc. supplies- TCSD special events. 13.58 13.58 165307 06/26/2014 007767 I C COMPOUND COMPANY misc asphalt supplies:pw street maint 855.96 855.96 165308 06/26/2014 014062 ID CARD GROUP Proximity cards & accessories:info tech 529.18 529.18 165309 06/26/2014 009693 INLAND VALLEY CLASSICAL Settlement "Don Quixote" 7/12 & 13 8.16 8.16 BALLET 165310 06/26/2014 006914 INNOVATIVE DOCUMENT May 14 copier maint/repair: citywide 881.81 SOLUTIONS May 14 copier maint/repair: citywide 8,233.46 9,115.27 165311 06/26/2014 001407 INTER VALLEY POOL SUPPLY pool supplies: var swimming pools 952.07 952.07 INC 165312 06/26/2014 010676 INTERWEST CONSULTING APR 14 CONSULTING 8,785.00 8,785.00 GROUP INC SRVCS:BUILDING INSPECT 165313 06/26/2014 003296 INTL CODE COUNCIL 2013 CA Bldg Code Book Set: Villa, A 1,193.20 1,193.20 165314 06/26/2014 003266 IRON MOUNTAIN OFFSITE OFFSITE MEDIA STORAGE - RECORDS 613.44 613.44 165315 06/26/2014 016917 JK PAPPA ENTERPRISES, INC. Vehicle magnets - Crime Prevention Unit 90.42 90.42 165316 06/26/2014 014692 JOHNSON, BARBARA TCSD Instructor Earnings 294.00 KATHLEEN TCSD Instructor Earnings 147.00 441.00 Page:8 apChkLst Final Check List Page: 9 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165317 06/26/2014 012285 JOHNSTONE SUPPLY 165318 06/26/2014 015358 KELLY PAPER COMPANY, INC. 165319 06/26/2014 001091 KEYSER MARSTON ASSOCIATES INC 165320 06/26/2014 013879 LAKESHORE LEARNING MATERIALS 165321 06/26/2014 003975 LAWRENCE, JEFF 165322 06/26/2014 008680 LA -Z -BOY FURNITURE GALLERIES 165323 06/26/2014 004412 LEANDER, KERRY D. (Continued) Description Amount Paid Check Total misc maint supplies: crc 111.09 111.09 wide format rolls/lam supp:central sery 1,745.06 1,745.06 May 14 Real estate consult:afford 3,684.38 3,684.38 Misc supplies:var crc pgrms 256.96 256.96 Reimb: cell phone protector: Lawrence, J 53.99 53.99 FURNITURE: FIRE STATION 95 3,123.96 3,123.96 TCSD instructor earnings TCSD instructor earnings 165324 06/26/2014 000482 LEIGHTON CONSULTING INC May 14 Geotechnical srvcs for TCC: pw 165325 06/26/2014 003726 LIFE ASSIST INC CPR Class supplies: Medics CPR Class supplies: Medics Emergency medical supplies: Medics 924.00 1,155.00 2,079.00 6,603.95 6,603.95 424.74 212.37 622.80 1,259.91 165326 06/26/2014 002933 LINSCOTT LAW & GREENSPAN MAR 14 TRAFFIC ANALYSIS:ARBOR 6,695.75 VISTA DEV FEB 14 TRAFFIC ANALYSIS:ARBOR VIST 867.00 7,562.75 165327 06/26/2014 008610 MCR STAMPS DJ service:CRC 7/19 DJ service:CRC 8/16 25.00 25.00 50.00 165328 06/26/2014 016106 MANZO, CHRISTOBAL Refreshments:4th of July 300.00 300.00 165329 06/26/2014 000217 MARGARITA OFFICIALS ASSN May 14 Officiating Srvcs: Sports Prgrm 4,070.00 4,070.00 165330 06/26/2014 014756 MEDIMEDIA USA, INC. CPR masks w/oxygen inlet:aquatics 72.33 72.33 165331 06/26/2014 015259 MERCURY DISPOSAL Household Battery recycling program 163.40 163.40 SYSTEMS, INC. 165332 06/26/2014 013443 MIDWEST TAPE LLC Temecula Library: A/V collections 91.77 91.77 165333 06/26/2014 004951 MIKE'S PRECISION WELDING remove & replace light poles: rrsp 5,530.00 5,530.00 INC. Page9 apChkLst 06/26/2014 11:45:42A M Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165334 06/26/2014 004043 MISSION ELECTRIC SUPPLY, INC 165335 06/26/2014 001067 MITY LITE INC 165336 06/26/2014 004040 MORAMARCO, ANTHONY, J. 165337 06/26/2014 010168 MYERS & SONS HI -WAY SAFETY INC 165338 06/26/2014 006077 N T H GENERATION COMPUTING INC 165339 06/26/2014 006087 NATURE WATCH 165340 06/26/2014 015164 NATURES IMAGE, INC 165341 06/26/2014 015122 NI GOVERNMENT SERVICES, INC. 165342 06/26/2014 003964 OFFICE DEPOT BUSINESS SVS DIV 165343 06/26/2014 002105 OLD TOWN TIRE & SERVICE 165344 06/26/2014 002105 OLD TOWN TIRE & SERVICE 165345 06/26/2014 002105 OLD TOWN TIRE & SERVICE (Continued) Description var electrical supplies:var park sites chairs and carts: civic ctr & conf TCSD instructor earnings traffic&safety supplies:pw street maint Hardware & maint support:info tech Hardware & maint support:info tech Hardware & maint support:info tech Virtual desktop expansion:info tech Misc supplies:tvm summer explorers MAY 14 ENVIRO MITIGATION @ FRNCH VLY MAY PECHANGA PKWY ENVIRON MITIG/ May satellite phone srvc:EOC/Fire Misc office supplies:Fire Misc office supplies:Finance Misc office supplies:Finance Misc office supplies:Finance Misc office supplies:Finance CITY VEHICLE MAINT SVCS:CSD CITY VEHICLE MAINT SVCS:CSD City Vehicle Maint Svcs:PW Parks Maint CITY VEHICLE REPAIRS & MAINT:CSD City Vehicle Maint Svcs:PW Parks Maint CITY VEHICLE MAINT SVCS:BLDG & SAFETY CITY VEHICLE MAINT SVCS:BLDG & SAF City Vehicle Maint Svcs:Fire Prev Amount Paid Check Total 26.32 3,472.56 787.50 4,990.43 8,436.00 12,168.00 1,035.00 4,239.96 245.92 1,125.44 1,682.92 152.10 67.61 251.78 124.18 158.74 54.76 272.00 217.82 198.66 2,586.44 57.10 444.92 609.61 571.34 26.32 3,472.56 787.50 4,990.43 25,878.96 245.92 2,808.36 152.10 657.07 3,332.02 1,054.53 571.34 Pagel 0 apChkLst 06/26/2014 11:45:42AM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165346 06/26/2014 002105 OLD TOWN TIRE & SERVICE 165347 06/26/2014 002105 OLD TOWN TIRE & SERVICE 165348 06/26/2014 012100 OUR NICHOLAS FOUNDATION 165349 06/26/2014 005152 PACIFIC PRODUCTS &SERVICES INC 165350 06/26/2014 006552 PAINTED EARTH 165351 06/26/2014 014273 PARAGON PARTNERS LTD 165352 06/26/2014 012833 PC MALL GOV, INC. 165353 06/26/2014 016736 PERRY, GENE 165354 06/26/2014 000249 PETTY CASH 165355 06/26/2014 015512 PINO, KAREN 165356 06/26/2014 000254 PRESS ENTERPRISE COMPANY INC 165357 06/26/2014 014379 PROFESSIONAL IMAGE ADVERTISING 165358 06/26/2014 000262 RANCHO CALIF WATER DISTRICT (Continued) Description City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:Code Enf FY 13/14 Council CSF grant sign post supplies:street maint Activity:Day Camp 6/12/14 May acquisition srvcs:french valley/I-15 RELOCATION SERVICES:MURR CRK/OVI Var equipment:info tech Var equipment:info tech Var equipment:info tech Gina & Gene ticket sales 6/14/14 Petty Cash Reimbursement Performance:art in motion for kids May advertising:Western Days 2014 MFG MILITARY BANNERS:ECO DEV BANNERS & STORAGE:OLD TOWN/TCS[ May var water meters:PW various sites May var water meters:TCSD svc ley C Jun var water meters:Calle Elenita Jun var water meters:41951 Moraga Rd Amount Paid Check Total 90.35 90.35 41.75 327.35 183.82 41.75 229.35 41.75 2,000.00 4,895.49 899.64 332.50 323.75 2,156.22 404.98 164.70 636.50 326.29 700.00 769.00 158.98 2,892.50 634.42 20,904.47 71.18 1,383.48 1,004.72 41.75 2,000.00 4,895.49 899.64 656.25 2,725.90 636.50 326.29 700.00 769.00 3,051.48 22,993.55 165359 06/26/2014 000947 RANCHO REPROGRAPHICS Reprographic services:fire station 73 50.54 50.54 Page:11 apChkLst Final Check List Page: 12 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165360 06/26/2014 000271 RBF CONSULTING APR ENG SRVCS:I-15/SR-79 ULT INTRCHG 165361 06/26/2014 004584 REGENCY LIGHTING misc electrical supplies: library 165362 06/26/2014 002412 RICHARDS WATSON & May 2014 legal services GERSHON 165363 06/26/2014 000352 RIVERSIDE CO ASSESSOR Mar '14 updates -assessor maps:B&S Dept 165364 06/26/2014 000353 RIVERSIDE CO AUDITOR May '14 prkg citation assessments 165365 06/26/2014 014027 RIVERSIDE CO ECO DEV AGENCY 165366 06/26/2014 000220 ROBINSON PRINTING & CREATIVE Apr -Jun '14 staffing:library PRINTING SRVCS:THEATER 2014 BROCHURE Amount Paid Check Total 36,264.20 36,264.20 1,969.40 1,969.40 78,212.58 78,212.58 104.00 104.00 2,785.50 2,785.50 41,860.00 41,860.00 16,398.53 16,398.53 165367 06/26/2014 017017 ROCK CABIN MANAGMENT, An Evening w/Righteous Bros 6/22 13,056.00 13,056.00 INC. 165368 06/26/2014 017010 RONDBERG, TERRY refund:massage bus lic #039030 51.00 51.00 165369 06/26/2014 001048 ROSAS CANTINA RESTAURANT Refreshments:4th of July event 333.90 333.90 165370 06/26/2014 008866 RYAN, PATRICK Refund: Insurance premium 263.64 263.64 165371 06/26/2014 005329 SAFE ALTERNATIVE FOR FY 13/14 Council CSF grant 3,000.00 3,000.00 EVERYONE 165372 06/26/2014 016997 SECOND STREET OLD TOWN refund:90% rel. of eng ref 141,750.00 141,750.00 LLC 165373 06/26/2014 009474 SENIOR GOLDEN YEARS FY 13/14 Council CSF grant 2,000.00 2,000.00 TEMECULA 165374 06/26/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 6/19/14 972.50 Jazz @ the Merc 6/12/14 545.00 1,517.50 165375 06/26/2014 016674 SIMONE, STUART R. Entertainment: summer concert series 1,250.00 1,250.00 Page:12 apChkLst Final Check List Page: 13 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165376 06/26/2014 000645 SMART & FINAL INC 165377 06/26/2014 000537 SO CALIF EDISON (Continued) Description Program supplies: cultural events MISC SUPPLIES: THEATER MISC SUPPLIES:TEAM PACE Misc supplies:Lifeguard program Misc supplies:CRC Programs Misc supplies:CRC Programs Jun 2-30-099-3847:29721 Ryecrest Jun 2-30-296-9522:46679 Primrose Ave Jun 2-27-560-0625:32380 Deerhollow way May 2-35-403-6337:41375 McCabe Ct Jun 2-00-397-5059:33340 Camino piedra May 2-33-237-4818:30499 Rancho Calif May 2-29-974--7568:26953 Ynez Rd May 2-31-693-9784:26036 Ynez TC1 May 2-31-419-2659:26706 Ynez TC1 Amount Paid Check Total 1,775.96 118.64 438.86 95.82 15.98 177.30 25.66 351.48 2,710.24 701.11 6,775.48 99.20 136.72 356.23 164.83 2,622.56 11,320.95 165378 06/26/2014 001212 SO CALIF GAS COMPANY Jun 055-475-6169-5:32380 Deerhollow 186.26 Jun 015-575-0195-2:32211 Wolf vly rd 116.61 302.87 165379 06/26/2014 005244 SOCIETY FOR HUMAN Membership:I.Garibay/P.von Richter 340.00 340.00 RESOURCE MGM 165380 06/26/2014 002503 SOUTH COAST AIR QUALITY AQMD permit fee: Fire Stn 84 1,391.92 1,391.92 165381 06/26/2014 002503 SOUTH COAST AIR QUALITY AQMD permit fee: Fire Stn 95 1,391.92 1,391.92 165382 06/26/2014 000519 SOUTH COUNTY PEST Pest control srvcs:Stn 95 124.00 CONTROL INC PEST CONTROL SRVCS:OATC OVERLAN 48.00 pest control srvcs:wolf creek park 49.00 pest control srvcs:Harveston Park 94.00 pest control srvcs: jrc 74.00 pest control srvcs: various parks 493.00 pest control srvcs: sixth st restrooms 425.00 pest control srvcs:pbsp 70.00 1,377.00 165383 06/26/2014 000293 STADIUM PIZZA INC Refreshments:Summer Day Camp 6/12 340.04 340.04 165384 06/26/2014 003000 STATE WATER RESOURCES NOI R.C. Rd Pavement Rehab ynez/jeff 375.00 375.00 165385 06/26/2014 006145 STENO SOLUTIONS MAY TRANSCRIPTION SRVCS:POLICE 526.82 526.82 TRANSCRIPTION 165386 06/26/2014 016262 STEVE ADAMIAK GOLF TCSD Instructor Earnings 831.60 831.60 INSTRUCTION Page:13 apChkLst Final Check List Page: 14 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165387 06/26/2014 001546 STRAIGHT LINE GLASS emerg replace glass: TES pool bldg 622.17 622.17 165388 06/26/2014 013331 STUDENT OF THE MONTH FY 13/14 Council CSF grant 750.00 750.00 PRGM, INC 165389 06/26/2014 007698 SWANK MOTIONS PICTURES, Movie rental:Movies in the Park 6/20 324.00 324.00 INC. 165390 06/26/2014 013387 SWEEPING UNLIMITED INC Jun sweeping srvcs: parking garage 500.00 500.00 165391 06/26/2014 010924 T & D COMMUNICATIONS, INC. cabling srvcs:TCC project 1,933.82 1,933.82 165392 06/26/2014 017013 TAAMILO, ANNIE refund:sec dep:rm rental:Harveston 200.00 200.00 165393 06/26/2014 000305 TARGET BANK BUS CARD Misc supplies:Skate Park 311.72 SRVCS MISC SUPPLIES:SUMMER DAY CAMP MISC SUPPLIES:CLASSES & ACTIVITIES MISC SUPPLIES:SUMMER DAY CAMP MISC SUPPLIES:SPECIAL EVENTS Misc supplies: Aquatics Programs MISC SUPPLIES:JRC MISC SUPPLIES:CHILDREN'S MUSEUM 165394 06/26/2014 010679 TEMECULA AUTO Vehicle maint & repair: Prevention REPAIR/RADIATOR 165395 06/26/2014 003677 TEMECULA MOTORSPORTS LLC VEH REPAIR & MAINT:POLICE MOTORCYCLES VEH REPAIR & MAINT:POLICE MOTORCN VEH REPAIR & MAINT:POLICE MOTORC VEH REPAIR & MAINT:POLICE MOTORC VEH REPAIR & MAINT:POLICE MOTORC' VEH REPAIR & MAINT:POLICE MOTORC' '14 Honda motorcycle:temecula police VEH REPAIR & MAINT:POLICE MOTORC VEH REPAIR & MAINT:POLICE MOTORC VEH REPAIR & MAINT:POLICE MOTORC' 165396 06/26/2014 009948 TEMECULA PERFORMING "Shrek, The Musical" tckt sales 5/16-25 ARTS CO 165397 06/26/2014 011736 TEMECULA TROPHY INC Trophies:Street Painting 165398 06/26/2014 000515 TEMECULA VALLEY CHAMBER audio visual srvcs:'14 State of the City OF 56.03 748.93 16.85 297.54 183.59 150.39 362.08 2,127.13 429.20 429.20 222.95 173.10 76.25 227.27 527.95 176.12 14,673.90 437.05 505.76 1,788.89 18,809.24 1,170.36 1,170.36 74.30 74.30 1,844.50 1,844.50 Page:14 apChkLst Final Check List Page: 15 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165399 06/26/2014 009194 TEMECULA VALLEY NEWS May -Jun advertising: theater 515.52 515.52 165400 06/26/2014 005970 TEMECULA VALLEY PLAYERS Hello Dolly ticket sales 5/29-6/15 9,602.51 9,602.51 165401 06/26/2014 004274 TEMECULA VALLEY SECURITY locksmith srvcs:crc 80.00 80.00 CENTR 165402 06/26/2014 011090 TEMECULA VALLEY Transportation:mpsc excursion 6/24 944.00 944.00 TRANSPORTATION 165403 06/26/2014 000919 TEMECULA VALLEY UNIFIED TVUSD online registration fees 53,269.00 53,269.00 SCHOOL 165404 06/26/2014 003941 TEMECULA WINNELSON misc plumbing supplies: var park sites 201.12 COMPANY misc plumbing supplies: var park sites 604.26 805.38 165405 06/26/2014 017014 TEXAS TWISTER DRINKS refund:cultural arts events 100.00 100.00 165406 06/26/2014 008379 THEATER FOUNDATION, THE security deposit:theater 500.00 500.00 165407 06/26/2014 010276 TIME WARNER CABLE Jun high speed internet:32364 Overland 57.74 165408 06/26/2014 002452 TOP LINE INDUSTRIAL Jun high speed internet:Fire Stn 92 misc equip parts:pw street maint misc parts & supplies:pw street maint misc parts & supplies:pw street maint 165409 06/26/2014 000161 TYLER TECHNOLOGIES, INC Stg 5 -Permitting & Land Mgmt software 165410 06/26/2014 002110 UNITED RENTALS NORTH AMERICA 119.86 177.60 717.91 100.03 122.18 940.12 40,916.00 40,916.00 misc equip rentals: pw street maint 87.89 misc equip rentals: pw street maint 34.43 misc equip rentals: pw street maint 24.30 146.62 165411 06/26/2014 004864 V N W CIRCLE OF CARE INC FY 13/14 CDBG Subrecipient 1,465.26 1,465.26 165412 06/26/2014 016094 VAVRINEK, TRINE, DAY & CO Interim audit srvcs:finance dept 8,725.00 8,725.00 LLP 165413 06/26/2014 004261 VERIZON Jun xxx-0074 general usage May xxx-3738 general usage:McCabe Ct Jun xxx-0073 general usage Jun xxx-5072 general usage 3,089.33 130.76 165.29 1,953.47 5,338.85 Page:15 apChkLst Final Check List Page: 16 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165414 06/26/2014 004789 VERIZON 165415 06/26/2014 009101 VISION ONE INC (Continued) Description JUN INTERNET SVCS:CIVIC CENTER Jun Internet svcs:Library May Internet svcs:Library JUN INTERNET SVCS:MPSC MAY SHOWARE TICKETING SERVICES:THEATER APR SHOWARE TICKETING SERVICES:T 165416 06/26/2014 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: civic center misc custodial supplies: library/civic misc custodial supplies: civic center 165417 06/26/2014 013556 WESTERN AUDIO VISUAL 165418 06/26/2014 015163 WESTERN SCIENCE CENTER 165419 06/26/2014 005118 WILLCOX, GWEN Amount Paid Check Total 289.99 0.65 5.35 144.99 2,333.60 440.98 2,026.27 4,359.87 143.20 286.39 1,752.97 2,182.56 Screen purch & installation:TVE2 6,192.32 6,192.32 Excursion tickets:Summer Explorers 7/11 84.00 84.00 Refund: Insurance premium 31.55 31.55 165420 06/26/2014 000341 WILLDAN ASSOCIATES INC 3/31-4/25 ON-CALL ENG SRVCS:PW 580.00 TRAFFIC 3/31-4/25 ENG SRVCS:PW TRAFFIC 615.00 1,195.00 165421 06/26/2014 015199 WINTER ADVERTISING graphic design & production:eco dev 6,527.52 6,527.52 AGENCY 1000018 06/19/2014 016998 BROWN, CHRISTOPHER refund:TVFEE ceramics 9600.305 331.00 331.00 1000019 06/19/2014 016968 FORDICE-MYER, KATE refund:TVFEE stress less 9600.319 150.00 150.00 1000020 06/19/2014 015302 FOSTER, KELLIE refund:Creative photography 1143.301 128.00 128.00 1000021 06/19/2014 016969 GAA, MARY refund:TVFEE Pre AP chemistry 165.00 165.00 1000022 06/19/2014 016999 GREEN, JANICE refund:Bigfoot's art camp for tweens 85.00 85.00 1000023 06/19/2014 017000 GRUMMER, HEATHER refund:CPR/AED course 8250.304 32.00 32.00 1000024 06/19/2014 017001 GUDETTI, YOHAN refund:TVFEE gov't virtual 9600.313 155.00 155.00 1000025 06/19/2014 017002 KARP, BLAIR refund:Basics of digital photography 128.00 128.00 1000026 06/19/2014 015310 KEITH -JONES, TONYA refund:sec dep:rm rental:Harveston 200.00 200.00 Page:16 apChkLst Final Check List Page: 17 06/26/2014 11:45:42AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1000027 06/19/2014 016759 KUEHL, TRICIA 1000028 06/19/2014 016970 LAM, LILY 1000029 06/19/2014 016971 MADRIAGA, VANESSA 1000030 06/19/2014 017003 MALONEY, HEATHER 1000031 06/19/2014 017004 MCCORMICK, KRISTINA 1000032 06/19/2014 016972 MERRILL, MARY 1000033 06/19/2014 017005 ORNER, JACOB 1000034 06/19/2014 016973 PAUL, LORRAINE 1000035 06/19/2014 017006 ROOS, PAUL 1000036 06/19/2014 017007 SPENCER, SAORI 1000037 06/19/2014 017008 TILLERY, ANNA 1000038 06/19/2014 016974 TROMBINO, DENNIS (Continued) Description Amount Paid Check Total refund:Farmer's market tour & cooking 40.00 40.00 REFUND:TVFEE PRE 1B CHEMISTRY 165.00 165.00 refund:Digital photography 1144.301 98.00 98.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:TVFEE Pre 1B Chemistry 165.00 165.00 refund:Level 4/5 swim lessons 36.00 36.00 refund:Basics of digital photography 128.00 128.00 refund:TVFEE creative writing 9600.311 155.00 155.00 refund:Complete tennis camp 88.00 88.00 refund:Tennis level 5/6 1406.301 65.00 65.00 refund:Basics of digital photography 128.00 128.00 refund:TVFEE stress less college 150.00 150.00 Grand total for UNION BANK OF CALIFORNIA: 835,130.32 Page:17 apChkLst Final Check List Page: 18 06/26/2014 11:45:42AM CITY OF TEMECULA 203 checks in this report. Grand Total All Checks. 835,130.32 Page:18 apChkLst Final Check List Page: 1 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2471 07/03/2014 000642 TEMECULA CITY FLEXIBLE CHILD CARE REIMBURSEMENT PAYMENT Amount Paid Check Total 5,501.52 5,501.52 2472 07/03/2014 000194 I C M A RETIREMENT -PLAN I C M A RETIREMENT TRUST 457 5,591.24 5,591.24 303355 PAYMENT 2473 07/03/2014 000444 INSTATAX (EDD) STATE DISABILITY INS PAYMENT 24,008.32 24,008.32 2474 07/03/2014 000283 INSTATAX (IRS) FEDERAL INCOME TAXES: PAYMENT 87,486.97 87,486.97 2476 07/03/2014 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 15,352.34 15,352.34 SOLUTION 2477 07/03/2014 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 5,748.68 5,748.68 SOLUTION PAYMENT 2478 07/03/2014 000245 PERS - HEALTH INSUR ANTHEM BLUE CROSS SELECT 91,004.06 PREMIUM PAYMENT ANTHEM BLUE CROSS SELECT PAYMEN 0.00 91,004.06 2479 07/03/2014 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,512.44 1,512.44 SUPPORT 165422 06/30/2014 010766 INLAND VALLEY SYMPHONY Perf: Pops Under the Stars 06/28/14 4,000.00 4,000.00 165423 07/03/2014 002185 POSTMASTER Postage FY 14/15 Theater Brochures 1,971.91 1,971.91 165425 07/03/2014 003552 A F LAC AFLAC HOSPITAL ADVANTAGE 3,360.00 3,360.00 PAYMENT 165426 07/03/2014 013367 ACTIVE MICRO INC MISC IT SUPPLIES:CIVIC CENTER 201.12 201.12 165427 07/03/2014 014531 ALLEN EMBROIDERY SERVICE Misc promo items:4th of July event — 165428 07/03/2014 004623 AQUA SOURCE INC replace gas valve: crc pool 165429 07/03/2014 004307 ARCH CHEMICALS, INC. Jun 14 water maint srvcs:hary lake/duck 165430 07/03/2014 007065 B & H PHOTO VIDEO INC MISC AUDIO VISUAL EQUIP:LIBRARY 165431 07/03/2014 011954 BAKER & TAYLOR INC MISC AUDIO VISUAL EQUIP:LIBRARY 324.00 324.00 605.72 605.72 3,900.00 3,900.00 638.85 37.60 676.45 Temecula Library: Misc. collections. 83.59 Temecula Library: Misc. collections 50.00 133.59 Pagel apChkLst Final Check List Page: 2 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165432 07/03/2014 015592 BAMM PROMOTIONAL PRODUCTS, INC 165433 07/03/2014 016996 BARNETT, JEFF 165434 07/03/2014 015765 BEISTLE COMPANY, THE 165435 07/03/2014 008605 BONTERRA PSOMAS 165436 07/03/2014 003138 CAL MAT (Continued) Description Amount Paid Check Total Staff shirts:CRC 653.40 Shirts:Harveston staff Departmental shirts: cip division promotional items:aquatics program refund: security deposit: theater Public education supplies: Fire MAY 14 CNSLTNG SRVCS:RRSP DESILTING BASI asphalt material:citywide street repairs asphalt material:citywide street asphalt material:citywide street repairs 165437 07/03/2014 003775 CHAPARRAL HIGH SCHOOL refund:sec dep:conf ctr A/B 5/29 165438 07/03/2014 014726 CHAPTER 13 STANDING SUPPORT PAYMENT TRUSTEE 165439 07/03/2014 015090 CLEARWATER SYSTEMS CORP Jun 14 hvac cndnsr h2o prey maint:civ 165440 07/03/2014 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES CHARITIES PAYMENT 165441 07/03/2014 004329 COSTCO TEMECULA #491 165442 07/03/2014 017040 COTO, MICHELLE 165443 07/03/2014 017038 CPS HR CONSULTING 165444 07/03/2014 016942 CREATIVE MANAGEMENT SOLUTIONS 165445 07/03/2014 007057 DERNBACH, ESTHER MARIE 237.34 196.34 539.34 1,626.42 500.00 500.00 3,241.50 3,241.50 1,555.00 1,555.00 301.32 224.56 328.32 854.20 150.00 150.00 182.77 182.77 550.00 550.00 24.00 24.00 PROGRAM SUPPLIES:HUMAN 167.73 SERVICES Digital camera & shelving unit:tvm 390.52 558.25 refund:sec dep:rm rental:Harveston 200.00 200.00 skills assessment: online meters tests 140.00 140.00 Jun cnsltnt srvcs:classifctn plan 7,280.00 May cnsltnt srvcs:classifctn plan 2,730.00 10,010.00 TCSD instructor earnings 420.00 420.00 Page2 apChkLst Final Check List Page: 3 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165446 07/03/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS 165447 07/03/2014 016098 EAT - EXTRAORDINARY (Continued) Description Amount Paid Check Total Fuel for City vehicles: tcsd & bldg 273.10 Fuel for City vehicles: tcsd 430.08 Fuel for City vehicles: Police Dept 140.60 Fuel for city vehicles:TCSD, PW 475.44 Fuel for City vehicles: PW 1,084.56 Fuel for City vehicles: PW 61.52 Fuel for City vehicles: pw traffic 310.37 2,775.67 Refreshments:4th of July event 1,080.00 1,080.00 165448 07/03/2014 000395 ECONOMIC DEVELOPMENT 2014 economic conference sponsorship CORP 165449 07/03/2014 011202 EMH SPORTS USA, INC 165450 07/03/2014 014865 FEIZE UHLER, KIMBERLY 165451 07/03/2014 011145 FOSTER, JILL CHRISTINE 165452 07/03/2014 002982 FRANCHISE TAX BOARD 165453 07/03/2014 002982 FRANCHISE TAX BOARD 165454 07/03/2014 009097 FULL COMPASS SYSTEMS 165455 07/03/2014 016184 FUN EXPRESS, LLC 165456 07/03/2014 010326 G E MOBILE WATER, INC 165457 07/03/2014 003946 G T ENTERTAINMENT 1,500.00 1,500.00 TCSD instructor earnings 616.88 TCSD instructor earnings 1,010.80 TCSD instructor earnings 385.00 TCSD instructor earnings 798.00 2,810.68 Promo fire safety supplies: Fire 1,896.77 1,896.77 TCSD instructor earnings 1,470.00 1,470.00 SUPPORT PAYMENT 100.00 100.00 SUPPORT PAYMENT 50.00 50.00 SOUND/LIGHTING/MISC 1,238.68 1,238.68 SUPPLIES:THEATER SUPPLIES:MARY PHILLIPS SENIOR 350.56 CENTER SUPPLIES:MARY PHILLIPS SENIOR CEN' 35.00 385.56 WATER FILTRATION PARTS: STA 73 127.44 127.44 Emcee srvcs:4th of July & Christmas 350.00 350.00 165458 07/03/2014 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings 462.00 TCSD instructor earnings 462.00 924.00 165459 07/03/2014 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc June 2014 970.20 970.20 SOCIETY 165460 07/03/2014 000175 GOVERNMENT FINANCE Finance officers assn: Bilby, David OFFICERS 150.00 150.00 Page:3 apChkLst Final Check List Page: 4 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165461 07/03/2014 015451 GREATAMERICA FINANCIAL SVCS 165462 07/03/2014 008081 HALL & FOREMAN INC (Continued) Description Amount Paid Check Total Jun 14 Copier Lease: Central Svcs 1,341.70 COPIER LEASE FOR INCUBATOR: ECON 289.44 May 14 Cnsltng srvcs:citywide pave rehab 773.61 165463 07/03/2014 002109 HD SUPPLY CONSTR. SUPPLY MISC MAINT SUPPLIES: PW STREET LTD MAINT 165464 07/03/2014 015847 HOLEVES, CHERYL Promotional items: theater 165465 07/03/2014 010210 HOME DEPOT SUPPLY INC, THE 165466 07/03/2014 010210 HOME DEPOT SUPPLY INC, THE 1,631.14 773.61 680.66 680.66 1,374.28 1,374.28 misc maint suppllies: crc 466.04 misc maint supplies: civic center 1,115.55 misc maint supplies: parking garage 182.69 165467 07/03/2014 016614 IE, INC. Refund:B14-0640/42 32366 Hupp Dr. 165468 07/03/2014 013695 INLAND EMPIRE SHRED IT SHRED SERVICES: RECORDS DIVISION SHRED SERVICES: RECORDS DIVISION SHRED SERVICES: RECORDS DIVISION 1,581.59 182.69 213.20 213.20 16.80 60.00 15.00 91.80 165469 07/03/2014 016862 INSIGHT PUBLIC SECTOR, INC. Wifi Access Points:Tem Com Cent 2,248.97 2,248.97 165470 07/03/2014 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 700.49 700.49 INC 165471 07/03/2014 000501 INTL INSTITUTE OF MUNICIPAL 14/15 Recertification: Flores, Gwyn 110.00 110.00 165472 07/03/2014 012883 JACOB'S HOUSE INC JACOB'S HOUSE CHARITY PAYMENT 40.00 40.00 165473 07/03/2014 017041 LA COUNTY MUSEUM OF Curation of fossils: F.V. Pkwy Intrchg 400.00 400.00 165474 07/03/2014 014817 LAPP, JEREMY SCOTT Settlement:Cabaret...Merc 06/29/14 1,186.00 1,186.00 165475 07/03/2014 004412 LEANDER, KERRY D. 165476 07/03/2014 013982 M C I COMM SERVICE TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 770.00 2,023.00 280.00 409.50 3,482.50 Jun xxx-0714 gen usage:PD mall alarm 33.51 Jun xxx-0346 general usage 30.58 64.09 Page:4 apChkLst Final Check List Page: 5 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165477 07/03/2014 003782 MAIN STREET SIGNS misc traffic signs: pw street maint div 323.68 misc traffic signs: pw street maint div 1,090.75 misc traffic signs: pw street maint div 959.04 2,373.47 165478 07/03/2014 004141 MAINTEX INC custodial supplies:old town area 980.64 misc custodial supplies: var locations 5,972.67 misc cleaning supplies: civic center 569.43 misc cleaning supplies:crc 6,694.16 misc cleaning supplies: civic center 156.16 misc cleaning supplies: civic center 691.74 15,064.80 165479 07/03/2014 000217 MARGARITA OFFICIALS ASSN Jun 14 Officiating Svcs: Sports programs 1,221.00 1,221.00 165480 07/03/2014 014767 MARKETING POWER, INC. retrofit parking lot lights: MPSC 6,366.12 6,366.12 165481 07/03/2014 014431 MARTLAND, BETTE B TCSD Instructor Earnings 157.50 157.50 165482 07/03/2014 014756 MEDIMEDIA USA, INC. CPR masks w/oxygen inlet:aquatics 509.26 509.26 165483 07/03/2014 006571 MELODY'S AD WORKS INC. Consultant srvcs:csd street painting 185.92 185.92 165484 07/03/2014 003076 MET LIFE INSURANCE METLIFE DENTAL INSURANCE 8,464.30 8,464.30 COMPANY PAYMENT 165485 07/03/2014 012962 MILLER, MISTY TCSD Instructor Earnings 532.00 TCSD Instructor Earnings 448.00 TCSD Instructor Earnings 252.00 1,232.00 165486 07/03/2014 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 289.80 ANN TCSD Instructor Earnings 96.60 386.40 165487 07/03/2014 004040 MORAMARCO, ANTHONY, J. TCSD instructor earnings 1,183.00 TCSD instructor earnings 126.00 TCSD instructor earnings 98.00 TCSD instructor earnings 1,263.50 2,670.50 165488 07/03/2014 009443 MUNYON, DENNIS G. Jul -Sept '14 lease pmt:O.T. Prkg Lot 2,375.00 2,375.00 165489 07/03/2014 002925 NAPAAUTO PARTS Auto parts & misc supplies: Sta 84 167.53 Auto parts & misc supplies: Sta 84 94.00 261.53 165490 07/03/2014 013557 NAVAL SURFACE WARFARE Lease pmt:police night vision equip 600.00 600.00 CENTER Page:5 apChkLst Final Check List Page: 6 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165491 07/03/2014 006140 NORTH JEFFERSON BUSINESS Jul -Sep 14 assn dues 1810 #16: FV 536.01 PARK Jul -Sep 14 assn dues 8329 #17: FV 498.15 Jul -Sep 14 assn dues 8358 #20 FV Intchg 165492 07/03/2014 013127 ON STAGE MUSICALS Andrew Lloyd Webber Spectacular 6/22 165493 07/03/2014 012100 OUR NICHOLAS FOUNDATION FY 13/14 Council CSF grant 676.82 1,710.98 6,674.34 6,674.34 1,000.00 1,000.00 165494 07/03/2014 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings 254.80 TCSD Instructor Earnings 72.80 327.60 165495 07/03/2014 000249 PETTY CASH Petty Cash for 4th of July 2014 Fun Zone 1,500.00 1,500.00 165496 07/03/2014 000249 PETTY CASH Petty Cash Reimbursement 753.49 753.49 165497 07/03/2014 000249 PETTY CASH Petty Cash for Tem. Community Cntr 100.00 100.00 165498 07/03/2014 000249 PETTY CASH Petty Cash for Harveston Center 100.00 100.00 165499 07/03/2014 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 75.62 75.62 INC 165500 07/03/2014 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 205.30 205.30 INC 165501 07/03/2014 014957 PRN PRODUCTIONS Comedy @ the Merc 6/28/14 780.00 780.00 165502 07/03/2014 012904 PRO ACTIVE FIRE DESIGN MAY PLAN REVIEW CONSULTANT: 6,232.47 6,232.47 PREVENTION 165503 07/03/2014 004519 PYRO SPECTACULARS INC Balance due: fireworks display 7/4/14 18,000.00 18,000.00 165504 07/03/2014 016753 RADIO DEMOGRAPHICS, INC. Theater performance 7/3/14 165505 07/03/2014 000262 RANCHO CALIF WATER DISTRICT Jun comm water meter:30875 Rancho vista June reclaimed-Iscp meter:Jefferson Ave Jun var water meters:PW various sites Jun var water meters:TCSD svc lev C Jun var water meters:var Fire Stns 165506 07/03/2014 017042 RIVERSIDE CO Plan check/survey fee:F.V.Pkwy ph II 2,500.00 2,500.00 477.64 69.97 2,004.86 25,260.81 445.14 28,258.42 5,000.00 5,000.00 Page:6 apChkLst Final Check List Page: 7 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165507 07/03/2014 000418 RIVERSIDE CO CLERK & Ntc...exempt:Citywide sidewalk-Pauba RECORDER 165508 07/03/2014 001365 RIVERSIDE COUNTY OF permit: 4th of July vendors 165509 07/03/2014 012251 ROTH, DONALD J. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 50.00 50.00 505.00 505.00 630.00 378.00 283.50 1,291.50 165510 07/03/2014 000815 ROWLEY, CATHY TCSD Instructor Earnings 1,344.00 1,344.00 165511 07/03/2014 007582 SAFEGUARD DENTAL & VISION SAFEGUARD VISION PLAN PAYMENT 909.43 909.43 165512 07/03/2014 013911 SANTA ROSA PLATEAU Excursion:Summer Explorers 7/10 36.00 36.00 ECOLOGICAL 165513 07/03/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 300.00 300.00 CENTRAL 165514 07/03/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 217.80 217.80 CENTRAL 165515 07/03/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 6/26/14 529.00 529.00 165516 07/03/2014 015674 SJ LINKING SYSTEMS Radio rental: 4th of July parade 600.00 600.00 Page:7 apChkLst Final Check List Page: 8 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165517 07/03/2014 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total Jun 2-35-164-3770:43487 Butterfield stg 28.18 Jun 2-35-707-0010:33451 S Hwy -79 53.30 Jun 2-33-357-5785:44747 Redhawk pkwy 31.74 Jun 2-34-333-3589:41702 Main St 28.66 Jun 2-32-903-8293:41000 Main St 22,902.78 Jun 2-19-171-8568:28300 Mercedes St 95.31 Jun 2-18-937-3152:28314 Mercedes St 895.97 Jun 2-14-204-1615:30027 Front st rdio 52.26 Jun 2-02-351-4946:41845 6th St 1,712.05 Jun 2-35-164-3242:44270 Meadows pkwy 27.51 Jun 2-35-164-3515:32932 Leena way 26.32 Jun 2-35-164-3663:42335 Meadows pkwy 26.32 Jun 2-31-912-7494:28690 Mercedes St 1,484.24 Jun 2-29-807-1093:28079 Diaz rd PED 28.13 Jun 2-31-536-3655:41904 Main St 1,408.80 Jun 2-36-641-3912:27498 Enterprise ste 2 39.45 Jun 2-31-031-2616:27991 Diaz rd PED 28.43 Jun 2-35-074-2847:26902 Jefferson Ave 46.93 Jun 2-30-520-4414:32781 Tem pkwy LS3 1,147.32 May 2-36-641-3839:27498 Enterprise cir 29.59 Jun 2-31-282-0665:27407 Diaz rd PED 28.76 Jun 2-31-536-3481:41902 Main St 214.08 Jun 2-29-657-2787:41638 Winchester rd 27.64 Jun 2-31-419-2873:43000 Hwy -395 27.23 Jun 2-29-807-1226:28077 Diaz rd PED 28.10 Jun 2-29-223-8607:42035 2nd St PED 764.55 Jun 2-29-933-3831:43230 Bus park dr 2,101.29 Jun 2-34-624-4452:32131 S Loop rd lot 967.50 Jun 2-29-224-0173:32364 Overland Trl 2,643.48 Jun 2-28-331-4847:32805 Pauba rd LS3 110.13 Jun 2-21-981-4720:30153 Tem pkwy tpp 22.88 Jun 2-28-904-7706:32329 Overland Trl 131.29 165518 07/03/2014 000926 SO CALIF EDISON LS -1 Streetlight System Valuation 37,160.22 10,000.00 10,000.00 Page:8 apChkLst Final Check List Page: 9 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165519 07/03/2014 001212 SO CALIF GAS COMPANY (Continued) Description Jun 101-525-0950-0:28816 Pujol St Jun 021-725-0775-4:41845 6th St Jun 028-025-1468-3:41375 McCabe Ct Jun 125-244-2108-3:30600 Pauba Rd Jun 129-582-9784-3:43230 Bus park dr May 133-040-7373-0:43210 Bus park dr Jun 055-461-2483-4:40135 Village Rd Jun 129-535-5236-7:41000 Main St Jun 181-383-8881-6:28314 Mercedes St Jun 026-671-2909-8:42051 Main St Jun 091-024-9300-5:30875 Rancho vista Jun 101-525-1560-6:27415 Enterprise cir Jun 095-167-7907-2:30650 Pauba Rd 165523 07/03/2014 007762 STANDARD INSURANCE MANDATORY LIFE INSURANCE COMPANY PAYMENT 165524 07/03/2014 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE COMPANY PAYMENT 165525 07/03/2014 016262 STEVE ADAMIAK GOLF INSTRUCTION Amount Paid Check Total 29.93 86.74 20.30 15.90 47.10 22.50 28.99 2,745.10 20.30 47.10 706.60 89.53 163.58 4,023.67 9,159.13 9,159.13 746.70 746.70 TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 308.00 854.00 165526 07/03/2014 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 2,731.17 2,731.17 165527 07/03/2014 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,913.00 4,913.00 165528 07/03/2014 010493 TEMECULATOWNE CENTER Jul lease payment: pd mall office 1,458.33 1,458.33 ASSOC LP 165529 07/03/2014 000668 TIMMY D PRODUCTIONS INC Deposit: DJ & entertainment 7/4 9,000.00 9,000.00 165530 07/03/2014 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 237.68 237.68 EDUCATION 165531 07/03/2014 008977 VALLEY EVENTS, INC. Rentals: 4th of July events 1,216.50 1,216.50 165532 07/03/2014 004261 VERIZON May xxx-2886 gen usage:Harveston 120.49 May mo( -8625 gen usage: 100.59 Jun xxx-8165 general usage 100.59 321.67 165533 07/03/2014 004789 VERIZON Jun Internet svcs:Tem PD DSL 49.99 Jun Internet svcs:Library 184.99 234.98 Page apChkLst Final Check List Page: 10 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165534 07/03/2014 014486 VERIZON WIRELESS 1000039 06/27/2014 017018 BACHEZ, ED 1000040 06/27/2014 017019 BREWR, HEBRY 1000041 06/27/2014 017020 CHAMBERLIN, KATHLEEN 1000042 06/27/2014 017021 CHAPMAN, CYDNEY 1000043 06/27/2014 009071 COLE, CATHERINE 1000044 06/27/2014 017022 FRETT, JEN 1000045 06/27/2014 017023 GIARRUSSO, TIMARIE 1000046 06/27/2014 017024 GONZALEZ, DAVID 1000047 06/27/2014 017025 GUILAK-ANWAR, HALEH 1000048 06/27/2014 017026 HACKMAN, CHRISTOPHER 1000049 06/27/2014 015897 HENNESSY, JENNIFER 1000050 06/27/2014 016141 HUGHES, MARIA 1000051 06/27/2014 017027 KAILIULI, NICOLE 1000052 06/27/2014 017028 KIM, ALISSON 1000053 06/27/2014 017031 KIM, YOUM JA 1000054 06/27/2014 008456 KITZEROW, CHERYL 1000055 06/27/2014 017032 MAULTASCH, SANDRA (Continued) Description Amount Paid Check Total 6/16-7/15 Broadband usage:citywide 1,717.02 1,717.02 refund:Private swim lessons 6001.201 35.00 35.00 refund:Level 2 swim lessons 5102.113 36.00 36.00 refund:Basics of digital photography 128.00 128.00 refund:sec dep:rm rental:Harveston 150.00 150.00 refund.Teen day camp 0406.202 172.80 172.80 refund:Little swingers golf class 60.00 60.00 refund:sec dep:picnic rental:RRSP 200.00 200.00 refund:Bright start for kids 6010.302 825.00 825.00 refund:Summer day camp 0405.205 130.00 130.00 refund:Health care provide CPR 52.00 52.00 refund:Summer day camp 0405.201 38.00 38.00 refund:Level 3 swim lessons 5103.210 45.00 45.00 refund:Bigfoot's art camp for tweens 85.00 85.00 refund:Junior golf clinic 1503.301 40.00 40.00 refund:Boojum adventure camp 275.00 275.00 refund:Scratch video game 2600.301 220.00 220.00 refund:Level 1 swim lessons 5101.204 180.00 180.00 Page:10 apChkLst Final Check List Page: 11 07/03/2014 11:33:02AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1000056 06/27/2014 015947 MCCLAY, EMILY 1000057 06/27/2014 017033 MURRAY, MELISSA 1000058 06/27/2014 017034 ROMAN, ROSEANNA 1000059 06/27/2014 017035 TAYLOR, JENNIFER (Continued) Description Amount Paid Check Total refund:TVFEE Pre 1B chemistry 9600.317 165.00 165.00 refund:Parent 'n Me swim lessons 45.00 45.00 refund:Tiny tots - terrific 3's 1040.304 64.00 64.00 refund:Bear cub univ 4005.302 269.00 269.00 Grand total for UNION BANK OF CALIFORNIA: 509,838.14 Page:11 apChkLst Final Check List Page: 12 07/03/2014 11:33:02AM CITY OF TEMECULA 138 checks in this report. Grand Total All Checks. 509,838.14 Page:12 apChkLst Final Check List Page: 1 07/03/2014 12:25:30PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 165535 07/03/2014 014957 PRN PRODUCTIONS Comedy @ the Merc 6/28/14 165536 07/03/2014 012904 PRO ACTIVE FIRE DESIGN MAY PLAN REVIEW CONSULTANT: PREVENTION 165537 07/03/2014 004519 PYRO SPECTACULARS INC Balance due: fireworks display 7/4/14 165538 07/03/2014 016753 RADIO DEMOGRAPHICS, INC. Theater performance 7/3/14 165539 07/03/2014 000262 RANCHO CALIF WATER Jun var water meters:TCSD svc lev C DISTRICT 165540 07/03/2014 017042 RIVERSIDE CO 165541 07/03/2014 000418 RIVERSIDE CO CLERK & RECORDER 165542 07/03/2014 001365 RIVERSIDE COUNTY OF 165543 07/03/2014 012251 ROTH, DONALD J. Jun var water meters:PW various sites Jun comm water meter:30875 Rancho vista Jun var water meters:var Fire Stns June reclaimed-Iscp meter:Jefferson Ave Plan check/survey fee:F.V.Pkwy ph II Ntc...exempt:Citywide sidewalk-Pauba permit: 4th of July vendors TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 780.00 780.00 6,232.47 6,232.47 18,000.00 18,000.00 2,500.00 2,500.00 25,260.81 2,004.86 477.64 445.14 69.97 28,258.42 5,000.00 5,000.00 50.00 50.00 505.00 505.00 630.00 378.00 283.50 Grand total for UNION BANK OF CALIFORNIA: 1,291.50 62,617.39 Pagel apChkLst Final Check List Page: 2 07/03/2014 12:25:30PM CITY OF TEMECULA 9 checks in this report. Grand Total All Checks. 62,617.39 Page2 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: July 22, 2014 SUBJECT: Operating Agreement with Temecula Valley Chamber of Commerce for Fiscal Year 2014-15 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Operating Agreement with Temecula Valley Chamber of Commerce, in the amount of $135,000, for Fiscal Year 2014-15. BACKGROUND: The City of Temecula partners with the Temecula Valley Chamber of Commerce (TVCC) in order to enhance the City's economic development efforts. The Economic Development Committee consisting of Council Member Washington and Council Member Roberts met with staff to discuss the Economic Development funding requests on March 26, 2014. The Committee recommended approval of $135,000 and the City Council subsequently approved this funding level in the Fiscal Year 2014-15 Operating Budget. Exhibit "A" to the attached agreement outlines services to be provided during the 2014-15 Fiscal Year, to carry on promotional activities on behalf of the City of Temecula. Temecula Valley Chamber of Commerce The mission of the TVCC is to promote positive economic growth for the business community, by doing so, support the programs which preserve and improve the quality of life for the entire community. The TVCC provides access to a complete list of members who have the expertise needed to assist member businesses and the community to manage their financial, organizational and marketing issues. The TVCC's efficient, friendly and energetic staff responds to a vast range of requests for information. In 2013, the TVCC responded to over 27,800 requests for relocation, tourism, and business information via phone, walk-in, email, and mail. The TVCC continues to assist legitimate firms seeking to relocate to Temecula and provide them with exceptional customer service. In addition, the TVCC's CEO works in conjunction with City staff and Southwest Economic Development Corporation (SWEDC), participating in site visits to large businesses throughout the year. The Chamber's CEO periodically acts as the liaison between the business community and City/Utility companies related to specific issues facing the business. This service provides a positive benefit for the economic development of the business community. The TVCC currently coordinates over 200 events, programs and opportunities each year for members to network and connect with other local businesses. The TVCC partners with the Small Business Development Center (SBDC) to offer business counseling services and on a monthly basis provides Small Business Training Workshops, offering information on key business issues such as employer taxes, opportunities for doing business with the Government and SBA loans. The TVCC is also a strong partner in the Temecula Valley Entrepreneur's Exchange, and as part of this agreement the TVCC is providing one year trial memberships to a maximum of sixteen start-up companies who will locate within the City's incubator. The Chamber also provides meeting space to many local non-profit organizations (at no charge ex: SAFE, The Arts Council, Dorland Mountain Arts Colony, Race For Humanity, Temecula Noon Rotary, and SCORE representatives) who offer counseling services to individuals starting businesses and businesses wishing to expand. With 47 years of experience, the TVCC offers its members and the community at large unprecedented benefits, events, programs, discounts and opportunities, coordinated to help them succeed. The TVCC serves as an advocate for business, dedicated to regional prosperity. Through these cooperative efforts the TVCC can accomplish collectively what no one business could do individually. The TVCC represents the voice of business, taking positions on local issues based upon our mission statement, access to sources of information and input from stakeholders. By taking a leadership role on key issues, the TVCC becomes the focal point and can direct its resources as well as alliance partners to address the issues. The TVCC board of directors is comprised of 23 respected business owners and members, each representing a key business segment of this area. The TVCC's request in the amount of $135,000 was budgeted in the Fiscal Year 2014-15 Operating Budget. FISCAL IMPACT: Appropriate funding for the Temecula Valley Chamber of Commerce is available in the Fiscal Year 2014-15 Economic Development Department Operating Budget. ATTACHMENTS: Fiscal Year 2014-15 Operating Agreement OPERATING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE THIS AGREEMENT is made and effective as of this 22ND day of July 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Chamber of Commerce, (CHAMBER), 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 City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, tourist and business interests. b. The CHAMBER has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. c. Such activities re recognized by law as being in the public interest and serving public purpose. 2. TERM This Agreement shall commence on July 1, 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. 3. SERVICES Chamber shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Chamber shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE Chamber shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Chamber shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Chamber hereunder in meeting its obligations under this Agreement. 5. PAYMENT a. The City agrees to pay Chamber quarterly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thirty Five Thousand Dollars and 00/100 ($135,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. The City will provide in-kind city -support services for use of the Conference Center one time per quarter valued at an amount not to exceed One Thousand One Hundred Twenty Dollars and 00/100 ($1,120.00). b. Chamber 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 . Chamber shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Chamber at the time City's written authorization is given to Chamber for the performance of said services. c. Chamber will submit invoices quarterly for actual services performed. Payment shall be made thirty (30) days of receipt of the invoice. 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 Chamber at least ten (10) days prior written notice. Upon receipt of said notice, the Chamber 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 Chamber 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 Chamber will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CHAMBER a. The Chamber's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Chamber is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Chamber for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Chamber . If such failure by the Chamber to make progress in the performance of work hereunder arises out of causes beyond the Chamber 's control, and without fault or negligence of the Chamber , it shall not be considered a default. b. If the City Manager or his delegate determines that the Chamber is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Chamber with written notice of the default. The Chamber 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 Chamber 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. Chamber 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. Chamber 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. Chamber 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 Chamber. With respect to computer files containing data generated for the work, Chamber 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. 9. INDEMNIFICATION The Chamber agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Chamber 's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Chamber 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 Chamber, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Chamber owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Chamber has no employees while performing under this Agreement, worker's compensation insurance is not required, but Chamber shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Chamber shall maintain limits no less than: 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. ii. Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 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 Chamber ; products and completed operations of the Chamber ; premises owned, occupied or used by the Chamber ; or automobiles owned, leased, hired or borrowed by the Chamber . 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 Chamber '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 Chamber '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 Chamber'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 Chamber shall within two (2) business days of notice from insurer phone, fax, and/or notify the Cityvia 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. Chamber 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 Chamber'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. Chamber 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 Chamber shall at all times be under Chamber 's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Chamber or any of Chamber 's officers, employees, or agents except as set forth in this Agreement. Chamber 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. Chamber 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 Chamber in connection with the performance of this Agreement. Except for the fees paid to Chamber as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Chamber for performing services hereunder for City. City shall not be liable for compensation or indemnification to Chamber for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Chamber 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 Chamber 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 Chamber to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Chamber in performance of this Agreement shall be considered confidential and shall not be released by Chamber without City's prior written authorization. Chamber , 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 Chamber gives City notice of such court order or subpoena. b. Chamber shall promptly notify City should Chamber, 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 Chamber and/or be present at any deposition, hearing or similar proceeding. Chamber agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Chamber . 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: To Chamber : 15. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Temecula Valley Chamber of Commerce 26790 Ynez Court, Suite A Temecula, CA 92591 Attn: Alice Sullivan, President/CEO The Chamber 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, Chamber '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 Chamber. 16. LICENSES At all times during the term of this Agreement, Chamber 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 Chamber 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 Chamber , or Chamber 's sub -contractors for this project, during his/her tenure or for one year thereafter. The Chamber 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 Chamber or Chamber 's sub -contractors on this project. Chamber 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 Chamber warrants and represents that he or she has the authority to execute this Agreement on behalf of the Chamber and has the authority to bind Chamber 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 By: Maryann Edwards, Mayor ATTEST: By: Randi Johl-Olson, JD, MMC, City Clerk APPROVED AS TO FORM: Bv: Peter M. Thorson, City Attorney TEMECULA VALLEY CHAMBER OF COMMERCE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Kurtz, Chairman of the Board By: Alice Sullivan, IOM President/CEO NONPROFIT Temecula Valley Chamber of Commerce 26790 Ynez Court, Suite A Temecula, CA 92591 (951) 676-5090 asullivan _temecula.org PM Initials: Date: B EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Chamber of Commerce shall undertake, during the 2014-15 Fiscal Year, to carry on promotional activities on behalf of the City of Temecula and to particularly render the following services: 1. Business Retention site visits- (2 per month: schedule and attend) 2. Business Relocation assistance (average 30 businesses/year) 3. Business Assistance as requested 4. Tourism inquiry fulfillment (10,500 inquiries) 5. Residential and business relocation inquiry fulfillment (4,600 inquiries) 6. Demographic information inquiry fulfillment (4,200 inquiries) 7. SCORE -Weekly meeting space for counseling services 8. SBDC- Bi -weekly meeting space for counseling services 9. SBDC-Nine Workshops (QuickBooks, Marketing, Business start-up, HR) 10. Promotion of Shop Local program 11. Maintain website promoting local commerce, tourism and events 12. Street Map (Distribution) 13. Business Resource/Relocation Guide (Production and distribution, Print) 14. Business Workshops on behalf of City of Temecula Topics to include: Signage, Business License, TUP As needed 15. Promotion of City events (College & Career Fair and Intern Program) 16. Legislative Advocacy (Consultant fee, maintain website, staff participation) 17. Manufacturing Council (Coordination and attendance at 6 events) 18. Candidate forums (City, County and State offices) 19. Temecula Today — full Page Article (6 per year, distribution of 1,400 copies) 20. Restaurant Month promotions 21. Student of the Month/Year 22. Ribbon Cuttings/Grand Opening Events (48 per year) 23. Valley Young Professionals. 24. Chamber Networking Events — See Exhibit B, Schedule of events 25. Introductory one year memberships for incubator businesses (16 @ $325/each — Limited to new incubator businesses) 26. RTA Bus pass sales outlet 27. Provide conference room space to local non-profit organizations 28. Community -wide E -Waste events (2 per year) 29. Community Travel programs 30. City participation at Chamber special events: Awards Gala (Event partner —10 seats) State of the City (Event partner — 30 seats) Economic Forecast (Event partner —10 seats) Wine Country Classic (Event partner — 5 Reservations) Legislative Summit (Event partner — 10 seats) Women in Business (Event Partner — 2 seats and Expo Table) EXHIBIT "B" PAYMENT RATE AND SCHEDULE That in consideration of the promotional activities and services performed by the CHAMBER for the City of Temecula, as set forth in Exhibit "A" hereof, City hereby agrees to pay CHAMBER, during the term of this Agreement, the sum of One Hundred Thirty -Five Thousand Dollars and No Cents ($135,000) for the Fiscal Year 2014-15. The sum of $135,000 for the fiscal year 2014-15 is payable upon receipt of invoice quarterly beginning on execution of the Agreement. The City will provide in-kind city -support services for use of the Conference Center one time per quarter valued at an amount not to exceed One Thousand One Hundred Twenty Dollars and 00/100 ($1,120.00). Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: July 22, 2014 SUBJECT: Sponsorship Agreement with Temecula Valley International Film & Music Festival for 2014 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Event Sponsorship Agreement with Temecula Valley International Film & Music Festival, in the amount of $10,000 in monetary funds and $15,065 for in-kind promotional services/use of the Conference Center, for the 2014 Temecula Valley International Film and Music Festival to be held September 17-21, 2014. BACKGROUND: The Temecula Valley International Film and Music Festival continues to be a popular signature event, attracting thousands of residents and visitors of all ages. The City Council Economic Development Committee (Council Members Ron Roberts and Chuck Washington) met on March 26, 2014 to review the Economic Development Sponsorship Applications for FY 2014-2015 and the Committee recommended to continue supporting and sponsoring the International Film and Music Festival. Support for this event was also approved by the full City Council. This event increases tourism revenue for the City's restaurants, hotels, shopping centers and Old Town. The 2014 Temecula Valley International Film and Music Festival is scheduled for September 17 -21 and will maintain the same format as in previous years. Over five days, the festival showcases an estimated 145 films including narrative features, documentaries, short films, student films and animation from 22 countries and over 25 US cities and states. A red carpet arrival and reception opens the Film and Music Festival festivities while a black tie awards gala concludes the event. The Temecula Valley International Film and Music Festival's marketing program will include a full social networking campaign. The Film and Music Festival receives widespread media coverage from local, regional and national print publications, local broadcast outlets, selected television affiliates, social networking sites, internet blogs and millions of electronic broadcast, print and world wide web audience media impressions. The Festival relies on guerilla marketing- with its band of street teams distributing flyers throughout Temecula and surrounding communities, bloggers spreading the word about the festival, facebook, twitter and editorial coverage both on print, radio and television. Funding for this event is provided through the Economic Development budget within the City's General Fund. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. FISCAL IMPACT: Adequate funds for the Temecula Valley International Film and Music Festival have been included in the FY2014-15 Operating Budget (Economic Development line item) for the recommended sponsorship amount of $10,000 in monetary funds and $15,065 for in-kind promotional services/use of conference center. ATTACHMENTS: Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL THIS AGREEMENT is made and effective as of this 22nd day of July, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and the Temecula Valley International Film & Music Festival, 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 Temecula Valley International Film & Music Festival (hereinafter referred to as the "Event") on September 17 — 21, 2014. The Event is a special event which is located in multiple venues in downtown Old Town, Tower Plaza Shopping Center and Temecula Valley Wine Region. b. The Event includes a diverse array of narrative feature films, live action and animated shorts, documentaries, student films, foreign films and a variety of new digital media, as well as a great lineup of industry panels and seminars, marketplace, tributes, retrospectives, film/music youth education and special programs, and star studded red carpet events. Additionally, the Music Fest Showcase will provide an environment for music artists and filmmakers to meet, network, share each other's work, collaborate and do business; provide a forum for new unsigned musical talents to showcase before an international audience of music industry professionals and music loving fans; to expand Music Fest to be the premier global stage for artists seeking to promote their latest works; and to feature programming from industry notables, artist focused workshops, meet ups, mentoring/pitch sessions and world-class performances. This event will bring Old Town/Downtown/Wine Country alive with music performances from more than 30 artists from all around the world. c. Alcohol "will" be served. d. The City desires to be a CoSponsor of the Event by providing Economic Development Funding and City Support Services. 2. TERM This Agreement shall commence on July 22, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services of use of the Conference Center valued at an amount not to exceed Four Thousand Two Hundred Dollars and 00/100 ($4,200.00) and in-kind promotional services valued at an amount not to exceed Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) for a total amount of Fifteen Thousand Sixty Five Dollars and 00/100 ($15,065.00), as listed in Exhibit B, the City of Temecula shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds Fifteen Thousand Sixty Five Dollars and 00/100 ($15,065.00), the Nonprofit may seek City authorization for payment above that amount. b. The City of Temecula shall also provide Economic Development Funding in the amount of Ten Thousand and 00/100 ($10,000.00) cash which will be allocated to help pay for Festival Operations, Production and Programming for this event. c. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than December 31, 2014. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. 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. 9. 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 September 1, 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: One million ($1,000,000) combined single limit 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) Liquor Liability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. 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. 11. 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. 12. 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. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Temecula Valley International Film & Music Festival 27740 Jefferson Avenue, Suite 100 Temecula, CA 92590 14. 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. 15. 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. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Jo Moulton, Festival Director ATTEST: By: Randi Johl-Olson, JD, MMC, City Beverly Nero, Co -Producer and Clerk DWT/TVIFF Liaison APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Temecula Valley International Film & Music Festival Jo Moulton 27740 Jefferson Avenue, Suite 100 Temecula, CA 92590 (818) 762-2998 jmoulton@tviff.com PM Initials: Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS Premier Sponsor In exchange for providing in-kind city -support services of use of the Conference Center valued at an amount not to exceed Four Thousand Two Hundred Dollars and 00/100 ($4,200.00), and in-kind City promotional services valued at Ten Thousand Eight Hundred Sixty Five Dollars and 00/100 ($10,865.00) and Ten Thousand Dollars and 00/100 ($10,000.00) in Economic Development Funding for the Temecula Valley International Film & Music Festival, the citizens of the City of Temecula shall receive the following benefits. Print/Outdoor Media: ♦ One full page CITY OF TEMECULA advertisement in the Festival Program Souvenir Guide ♦ City of Temecula Logo and/or name featured in the Festival Poster and Festival promotional one sheets ♦ City of Temecula Logo and/or name featured in Festival Banners and promotional signage and print ads, whenever feasible and applicable Media (Traditional and Social) ♦ City of Temecula Logo and/or name in the Festival media campaign, including print, cable, radio, internet and social media event promotions ♦ Acknowledgement on pre -Festival press releases announcing upcoming films, celebrities and events, distributed to media outlets worldwide ♦ Acknowledgement of sponsorship at Press Launch, Pre -Festival promo events, Opening Night, Closing Night and at the Awards Gala On Line Recognition ♦ City of Temecula logo and/or name with hyperlink prominently featured on the festival official site, www.tviff.com, September 17-21, 2014 Theater/Festival Venue Exposure ♦ City of Temecula logo and/or name featured in the Festival's promotional trailer that will be screened on rational basis during theater seating prior to film screenings during the entire 5 - day run of the festival ♦ Opportunity to distribute promotional materials to thousands of festival attendees and at special pre -festival events throughout the year • Opportunity for the City to provide collateral, promotional items and samples in the gift bags distributed to festival participants and special guests Direct Participation • 2 tables of 10 (20) at the Awards Gala, 20 tickets to Opening Night, 100 screening vouchers for City of Temecula to give away at City's management/staff discretion. • Official Welcome Address by the Mayor during Opening Night Ceremony and the Awards Gala. • Opportunity for City of Temecula management and/or staff to be presenters at Opening, festival screenings, workshops, Closing and Awards Gala. • Meet and Greet Opportunities with celebrity guests, whenever feasible. As the Host City, the City of Temecula will always be acknowledged as a cooperative entity in the event tilting regardless of who, if any, the eventual corporate Presenting or Title Sponsor will be. The Festival will secure from a good and responsible company or companies, pay for and maintain in full force and effect for the duration of the event, a policy of comprehensive general liability and liquor liability in which the City of Temecula are named insured or as additional insured covering all claims arising out of, or in connection with the Temecula Valley International Film & Music Festival. Coverage will provide the following minimum limits. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Liquor Liability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF PROMOTIONAL SERVICES AND USE OF CONFERENCE CENTER PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Temecula Valley International Film & Music Festival is as follows: Item City E -letter E -letters are sent out each month to approximately 2,500 residents Local Government Channel 3 Cable Channel Event slide appears approximately once per hour for 30 seconds Auto Mall Marque Appears approximately once every 4 '/2 minutes City Website Event listing on the City of Temecula Website VALUE: $ 10.865.00 Value $ 450.00 $ 5,100.00 $ 3,115.00 $ 2,200.00 Use of Conference Center $4.200.00 TOTAL VALUE: $15,065.00 Item No. 6 Approvals City Attorney Finance Director City Manager ffizer- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: July 22, 2014 SUBJECT: Marketing Agreement with Temecula Valley Convention & Visitors Bureau for Fiscal Year 2014-15 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Marketing Agreement with Temecula Valley Convention & Visitors Bureau, in the amount of $50,000, for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map and for film commission services for Fiscal Year 2014-15. BACKGROUND: Temecula is an attractive tourism destination offering a host of appealing events, activities and attractions. In order to entice visitors from Los Angeles, San Diego and Orange Counties to include Temecula in their day trip or vacation plans, the tourism rack brochure/map was created. The publication and distribution of the Temecula Valley Tourism Rack Brochure/Map is currently designed for a very specific drive market; primarily for the leisure traveler who already has their vacation plans scheduled, but might be looking for day trip activities to add to their itinerary. This brochure/map is not designed to generate overnight stays for this immediate traveler, but may plant the seed for future overnight stays. The day-tripper (known as the leisure traveler, who dines, shops, plays golf, etc.) still plays a vital and important role for Temecula's economy. An additional service is to incorporate a Temecula Film Commission to serve as a one-stop office for film and television permit support and facilitation, location assistance and filming resources throughout Temecula. The Bureau will accomplish this through a targeted marketing strategy, promotion of a film commission website, familiarization (FAM) tours, and partnering with local tourism businesses. The Bureau will partner directly with state and regional film commissions. The Economic Development Committee consisting of Council Member Chuck Washington and Council Member Ron Roberts met to discuss the Economic Development Sponsorship Funding requests on March 26, 2014. The Committee recommended approval of $50,000 for the Temecula Valley Tourism Rack Brochure/Map and its distribution and for Film Commission services. The City Council approved this funding in the Fiscal Year 2014/15 Operating Budget. The beautifully designed rack brochure provides information on Old Town, Wine Country, Pechanga, local hotels and accommodations, recreation, shopping, City facilities, activities and events. In addition, these publications help drive business to the Temecula Valley Convention & Visitor's Bureau, Temecula Valley Winegrowers Association and City of Temecula websites. The tourism rack brochure/map is distributed by the Temecula Valley Convention & Visitors Bureau, Temecula Valley Chamber of Commerce, and the City of Temecula and is distributed at trade shows. It is also included in the City's business kit. The TVCVB plans to produce 200,000 rack brochures/maps. FISCAL IMPACT: Adequate funds for the Temecula Valley Convention & Visitors Bureau Tourism Rack Brochure/Map and film commission services have been included in the Fiscal Year 2014-15 Operating Budget for the recommended amount of $50,000. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION AND VISITORS BUREAU THIS AGREEMENT is made and effective as of this 22nd day of July, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Convention and Visitors Bureau a California nonprofit corporation (hereinafter referred to as the "TVCVB"). 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 City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, tourist and business interests. b. The TVCVB has special knowledge, experience and facilities for disseminating tourist information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its tourism advantages. c. Such activities are recognized by law as being in the public interest and serving public purpose. 2. TERM This Agreement shall commence on July 1, 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 Agreeement. 3. SERVICES TVCVB shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. TVCVB shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE TVCVB shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. TVCVB shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of TVCVB hereunder in meeting its obligations under this Agreement. 5. PAYMENT a. The City agrees to pay TVCVB in accordance with the services to be provided, as set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifty Thousand Dollars and 00/100 ($50,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. The City will provide in- kind city -support services for use of the Conference Center one time per quarter valued at an amount not to exceed One Thousand One Hundred Twenty Dollars and 00/100 ($1,120.00). b. TVCVB 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 . TVCVB shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and TVCVB at the time City's written authorization is given to TVCVB for the performance of said services. c. TVCVB will submit an invoice for actual services performed. Payment shall be made thirty (30) days of receipt of the invoice. 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 TVCVB at least ten (10) days prior written notice. Upon receipt of said notice, the TVCVB 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 TVCVB 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 TVCVB will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF TVCVB a. The TVCVB's failure to comply with the provisions of this Agreement shall constitute a default. In the event that TVCVB is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating TVCVB for any work performed after the date of default and can terminate this Agreement immediately by written notice to the TVCVB . If such failure by the TVCVB to make progress in the performance of work hereunder arises out of causes beyond the TVCVB 's control, and without fault or negligence of the TVCVB, it shall not be considered a default. b. If the City Manager or his delegate determines that the TVCVB is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the TVCVB with written notice of the default. The TVCVB 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 TVCVB 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. TVCVB 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. TVCVB 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. TVCVB 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 TVCVB. With respect to computer files containing data generated for the work, TVCVB 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. 9. INDEMNIFICATION The TVCVB agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of TVCVB 's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE TVCVB 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 TVCVB , 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 TVCVB 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 TVCVB has no employees while performing under this Agreement, worker's compensation insurance is not required, but TVCVB shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. TVCVB 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. 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 TVCVB; products and completed operations of the TVCVB; premises owned, occupied or used by the TVCVB; or automobiles owned, leased, hired or borrowed by the TVCVB. 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 TVCVB'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 TVCVB '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 TVCVB '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 TVCVB 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. TVCVB 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 TVCVB'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. TVCVB 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 TVCVB shall at all times be under TVCVB's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of TVCVB or any of TVCVB's officers, employees, or agents except as set forth in this Agreement. TVCVB 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. TVCVB 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 TVCVB in connection with the performance of this Agreement. Except for the fees paid to TVCVB as provided in the Agreement, City shall not pay salaries, wages, or other compensation to TVCVB for performing services hereunder for City. City shall not be liable for compensation or indemnification to TVCVB for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The TVCVB 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 TVCVB 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 TVCVB to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by TVCVB in performance of this Agreement shall be considered confidential and shall not be released by TVCVB without City's prior written authorization. TVCVB , 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 TVCVB gives City notice of such court order or subpoena. b. TVCVB shall promptly notify City should TVCVB, 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 TVCVB and/or be present at any deposition, hearing or similar proceeding. TVCVB agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by TVCVB. 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. ASSIGNMENT The TVCVB 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, TVCVB'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 TVCVB. 15. 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: 16. ENTIRE AGREEMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Temecula Valley Convention & Visitors Bureau Attn: Kimberly Adams, President/CEO 28690 Mercedes Street #A Temecula, CA 92590 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. 17. 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 TVCVB and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: By: Randi Johl-Olson, JD, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney TEMECULA VALLEY CONVENTION & VISITORS BUREAU (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: By: By: Ken Westmyer, Chairman of the Board Kimberly Adams, President/CEO Melody Brunsting, Secretary Bill Wilson, Treasurer NONPROFIT Temecula Valley Convention & Visitors Bureau 28690 Mercedes St., Suite A Temecula, CA 92590 (951) 491-6085 PM Initials: D B Date: EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Convention & Visitors Bureau (TVCVB) shall undertake, during the 2014-15 Fiscal Year, to carry on marketing/advertising promotional activities for the Leisure Travel Market on behalf of City and to particularly render the following services: 1. Produce 200,000 tourism rack brochures/maps. The TVCVB shall supply City with rack brochures to include in City's business attraction efforts at no cost to City. 2. Distribute the tourism rack brochure/map through certified rack service in Los Angeles, San Diego, Orange County and Palm Springs and include corporate markets for Phoenix, AZ, San Diego and Orange County. 3. The President and CEO of the TVCVB shall provide to the City Manager a copy of activities monthly report submitted to the TVCVB Board of Directors. Said report is requested by the second Wednesday of each month. 4. This agreement for the $50,000 of economic development funding does not require the TVCVB to provide a financial audit, as this requirement is satisfied through their annual financial audit they provide to the City per the current Management Agreement (relating to the TVTBID). Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: July 22, 2014 SUBJECT: Sponsorship Agreement with the Off Road Knights Foundation for the 2014 Off Road Nights Dirt Lifestyle Festival PREPARED BY: Dawn Adamiak, Recreation Supervisor RECOMMENDATION: That the City Council approve the Event Sponsorship Agreement with the Off Road Knights Foundation for city -support costs, in the amount of $9,290 and in-kind promotional services of $11,415, for the 2014 Off Road Nights Dirt Lifestyle Festival. BACKGROUND: Staff has received a sponsorship request from the Off Road Knights Foundation to provide city -support costs for the 2014 Off Road Nights Dirt Lifestyle Festival to be held August 9, 2014. The Economic Development Sub -Committee of the City Council (Council Members Roberts and Washington) met on March 26, 2014 to review the budget on this special event and recommended support at the levels indicated in the staff report. The event will serve as a fundraiser with the Off Road Knights Foundation, a local non-profit dedicated to creating awareness about important land use topics and ways to minimize our impact keeping our precious open off road vehicle riding areas open for years to come. The Off Road Nights Dirt Lifestyle Festival is designed as the ultimate action sports -inspired off road motorsports festival. The event cultivates each of its core disciplines showcasing the epicenter of action sports and off road motorsports and Old Town Temecula as the off road capital of the world. The event will include an off road vehicle show & shine, exhibitors, live webcast, entertainment and demonstrations. It is expected that this event will draw thousands of visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the appeal and attraction of the City of Temecula as a destination. In addition, as a City co-sponsored event, the City will provide in-kind marketing and promotion of the event, valued at $11,415, through available media channels including: City website, Facebook, auto mall marque and local government channel 3. FISCAL IMPACT: The City -support costs of $9,290 and in-kind promotional services of $11,415 are included in the Fiscal Year 2014-15 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND OFF ROAD KNIGHTS FOUNDATION THIS AGREEMENT is made and effective as of this 22nd day of July, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Off Road Knights Foundation, 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 Off Road Nights Dirt Lifestyle Festival (hereinafter referred to as the "Event") on August 9, 2014. The Event is a special event which is located in Old Town Temecula. b. The Event includes an off road vehicle show & shine, live music, vendor booths, exhibitions, demonstrations and competitions. The anticiaped attendance is 5,000 during the scheduled event. c. Alcohol will be served in a beer and wine garden. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence July 22, 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. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed Nine Thousand Two Hundred Ninety Dollars and No Cents ($9,290) and in-kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415), as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 25, 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. 4) Liquor Liability for bodily injury, personal injury and property damages. 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. 4) Liquor Liability: One million ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 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. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Off Road Knights Foundation Attn: Rat Sult 27315 Jefferson Ave Suite J-122 Temecula, CA 92590 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. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: By: Randi Johl-Olson, JD, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney OFF ROAD KNIGHTS FOUNDATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Gary Sult, President By: Kara Koran, Vice President NONPROFIT Off Road Knights Foundation Rat Sult 27315 Jefferson Ave. Suite J-122 Temecula, CA 92590 rat@offroadnights.com PM Initials: g Date: U EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS CO-SPONSOR Off Roads Knight Foundation shall provide the following benefits and services for the citizens of the City of Temecula: • 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 • City of Temecula logo/name on event t -shirt • 5 Off Road Nights Dirt Lifestyle Festival t -shirts (if applicable) **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 Off Road Nights Dirt Lifestyle Festival event. The following expenses can be anticipated for the event: Police: $ 5,300.00 Fire: $ 500.00 Public Works: $ 3,040.00 Community Services $ 450.00 TOTAL: $ 9,290.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Taste of Temecula Valley is as follows: Item Value Cable Channel Event slide appears approximately once per hour for 30 seconds Auto Mall Marque Appears approximately once every 4 1/2 minutes Promotional Poster Located in the concourse at the City of Temecula Civic Center City Website Event listing on the City of Temecula Website TOTAL VALUE: $ 5,100.00 $ 3,115.00 $ 1,000.00 $ 2,200.00 $ 11,415.00 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Community Development Director DATE: July 22, 2014 SUBJECT: Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Altair Specific Plan PREPARED BY: Matt Peters, AICP, Associate Planner RECOMMENDATION: That the City Council approve an Agreement for Consulting Services with Environmental Science Associates (ESA), in the amount of $237,780, plus a 10% contingency of $23,778 for a total agreement amount of $261,558, for the preparation of an Environmental Impact Report (EIR) for the Altair Specific Plan. BACKGROUND: Ambient Communities is proposing a Specific Plan, referred to as "Altair," on 270 acres in the southwesterly portion of the City of Temecula, west of Old Town. The proposed Plan will include the four -lane divided Western Bypass, approximately 1,900 residential units, an elementary school, civic/education use, neighborhood commercial, clubhouse, parks, trails, and hillside preservation. In addition to the Specific Plan, this project will include a General Plan Amendment, Subdivision Maps, Fiscal Impact Analysis, Development Agreement, and City -managed EIR. The project site is generally bound by the undeveloped foothills of the Santa Rosa Mountains to the west, Ridge Park Drive and Vincent Moraga Drive to the north, Pujol Street and Murrieta Creek to the east, and vacant land south of the future extension of Temecula Parkway (aka the western bypass). To complete the necessary environmental review, as required by the California Environmental Quality Act (CEQA), the City wishes to enter into an Agreement with Environmental Science Associates (ESA) to complete an Environmental Impact Report (EIR). The EIR process will include analyses to address impacts to the following environmental factors: • Aesthetics • Air Quality • Biological Resources • Greenhouse Gas Emissions • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Utilities and Service Systems FISCAL IMPACT: There is no fiscal impact to the City. Sufficient funds have been deposited by the applicant to cover the costs of the El R. ATTACHMENTS: 1. Agreement 2. Exhibit A - Technical Approach and Timeline 3. Exhibit B - Cost Proposal AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES CONSULTANT SERVICES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR ALTAIR SPECIFIC PLAN THIS AGREEMENT is made and effective as of July 22, 2014, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 22, 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 times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed two hundred thirty seven thousand seven hundred eighty ($237,780), plus 10% contingency of twenty three thousand seven hundred seventy eight ($23,778) for an Environmental Impact Report (EIR) for the Altair Specific Plan, for a total Agreement amount of two hundred sixty one thousand five hundred fifty eight ($261,558) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Environmental Science Associates Attn: Eric Ruby 550 West C Street, Suite 750 San Diego, CA 92101 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Eric Ruby, Senior Vice President ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Clerk Bobbette Biddulph, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates Attn: Eric Ruby 550 West C Street, Suite 750 San Diego, CA 92101 619.719.4200 eruby@esassoc.com PM Initials: D Date: v Exhibit A Technical Approach and Timeline Site Overview and Project Understanding The proposed Altair Specific Plan, located on 270 -acres west of Old Town Temecula proposes to construct, up to 1,900 mixed density (8-50 du/ac) residential units, an elementary school, neighborhood commercial, the four -lane divided Western Bypass, a clubhouse, linked parks/trails, hillside open space preservation, and possible civic land uses. A substantial amount of onsite open space is proposed to accommodate MSHCP habitat conservation goals, wildlife movement, drainage and cultural resource areas. The proposed conceptual Specific Plan land plan has been designed to be self - mitigating to the extent possible and is envisioned to preserve important biological/wildlife movement and topographic/drainage resources, and synergistically complement the existing land uses in Old Town to contribute to the vibrancy of the area. Substantial trip reduction, and related GHG reduction, is anticipated to occur as the proposed project is within walking distance of many existing commercial and entertainment nodes in Old Town. In addition to the Specific Plan, the proposed project entitlement actions will include a General Plan Amendment, Subdivision Maps, Development Agreement, MSHCP conformance, resource agency regulatory permitting and the City -managed EIR. The specific plan area is located within a key location in the City. The Altair Specific Plan encompasses an area west of Old Town and Murrieta Creek comprised of two project sub -areas: the majority of the project — 215 -acres — parallel to Old Town, and a non-contiguous 55 -acre site to the south, immediately north of the confluence of Murrieta Creek and the Santa Margarita River, that is designated for a commercial/institutional use (and undisturbed open space) benefitting the public. The project site backdrop slopes dramatically, offering striking views of the valley and distant mountains, as well as providing a visual backdrop to Old Town from below. A City of Murrieta — Kaiser Permanente Murrieta Valley Medical Center ESA's overall environmental services approach is collaborative, practical, and solutions - oriented. We have a proven track record of ensuring timely and efficient preparation of CEQA documentation and specialized environmental studies, while also adhering to the steps specifically required by CEQA and the CEQA Guidelines. ESA's experienced team partners with public and private sector clients to develop plans that clearly map the path from vision to reality so our clients actually achieve their desired results; plans that can be built and at the same time protect critical resources, achieving sustainable results. 2-2 esassoc.com substantial portion of the site will be added to a wildlife corridor/open space to be established under the MSHCP and will be maintained in its natural state. Altair also proposes to provide public amenities close to Old Town. A central park, plazas, cafe/shop and an elementary school are proposed. The Western Bypass also links Temecula Parkway with Rancho California Road, an important public benefit to alleviate traffic congestion in Old Town. The Bypass forms the western edge through most of the proposed development and acts as a buffer between development and the wildlife corridor, and functions as a fuel modification zone, helping to create wild land, fire safe defensible space. Altair consists of several neighborhood villages; each centered on a recreational amenity and separated by landscaped terrain/open space. The open space between the villages mimics the existing ravines extending from the hillside above and preserves the sculptural quality of the site, contributing to wildlife movement. The primary village occupies an existing promontory with views to and from Old Town. Densities may range from 8 to 50 dwelling units per net acre, with the higher densities at the village nodes, in the primary village and at the north end of the property. The development will be phased, achieving 1,200 to 1,900 dwelling units at full build out. A Community Center is provided for residents. Some ancillary retail or restaurant space may be included depending on market demand as well as a limited number of live/work units located within the village centers where street frontage lends itself to storefronts for ground floor businesses. An approximate 5 -acre site is reserved for the elementary school and playfield. The school site is located adjacent to the Community Center and near the main park to facilitate shared parking and common amenities. The separate 55 -acre property to the south provides the opportunity for an institutional or business use that will serve as an economic generator for the City of Temecula. Possible uses include medical, conference and/or higher educational classroom space. Up to 450,000 square feet of floor space may be achieved. The existing oak tree groves at the west side of this parcel will be preserved and the area further south adjacent to Murrieta Creek and the Santa Margarita River will be preserved in open space to protect important biological and cultural resources. Peer Review of Technical Studies There are several technical studies that have been prepared by the project applicant that will be peer reviewed by the ESA team for adequacy and subsequent use in the EIR. These include biological assessments and MSHCP Consistency Report, cultural resource investigations, soils and geology reports, hazardous material investigation and the preliminary traffic study. Although not indicated in the RFP, ESA assumes that additional technical studies will be submitted by the project applicant, including a water quality management plan and a water supply assessment (to be completed by RCWD). Existing land uses adjacent to the project site include Santa Rosa Mountains escarpment open space to the west and south, Murrieta Creek and existing residential/park uses to the east, and business park land uses to the north. The Santa Margarita River is located immediately south of the southernmost planning area. The Old Town Temecula core commercial area is approximately one-fourth mile east of the project, across Murrieta Creek. Vegetation onsite consists primarily of Diegan Coastal Sage scrub, with areas of chaparral, oak woodland, non-native grasses, and riparian/mulefat scrub (associated with drainages). The topography of the site varies from approximate level to steeper areas (1,000 — 1,440 feet), intersected by drainages flowing to the north and east, ultimately to Murrieta Creek and the Santa Margarita River. The project site falls within several Riverside County MSHCP criteria cells. The project site currently has several General Plan land use designations including IP, OS, M, H and HR. Zoning includes BP, OS, SP -8 and HR. The development of the proposed project would require approval of a General Plan Amendment, Zone Change, and Tentative Tract Map approval. In addition (and the subject of this Proposal for Services), the project will require the certification of an EIR as part of these approvals by the City. Proposed Approach ESA's proposed approach has been developed based upon the above -outlined information, including the RFP, City responses to ESA questions, as well as City and CEQA statute and guideline requirements; and assumes that all project data listed in the RFP will be provided by the City. ESA has reviewed the technical studies prepared for the proposed project to refine our proposed approach to only those areas that require additional analysis. The proposed approach assumes that all technical analyses prepared by others and provided to ESA is adequate, although ESA will conduct a peer review of the information and identify any data gaps. Any identified data gaps will be addressed by the applicant's consultants for use by the EIR project team. The EIR content will be focused on those issues identified in the Initial Study prepared by the City of Temecula. All requisite CEQA notices will be prepared by ESA. The EIR will be focused on those issues identified in the Initial Study, including: aesthetics, air quality and greenhouse City of Temecula Altair Specific Plan Environmental Impact Report gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, land use and planning, noise, population and housing, public services, and transportation/traffic. Task 1 — Project Management/Coordination Project management/coordination and attendance at meetings will occur under this task. In order to accommodate our proposed efficient schedule, the management team will be very hands-on throughout the process and we anticipate approximately 16 hours per month for project management/coordination for the duration of the project (8 months). We have also included costs for four (4) meetings with City staff, attendance at a scoping meeting on the EIR, one (1) Planning Commission hearing, and one (1) City Council hearing. Weekly project team conference calls will task for the duration of the project. occur under this ESA will prepare all requisite CEQA notices (NOP, NOC, NOI) and associated mailing/distribution. Task 2 — Administrative Draft EIR & Peer Review of Technical Studies ESA will review the above outlined applicant -provided technical studies for adequacy and will prepare a memorandum outlining any identified deficiencies. Any deficiencies noted will be addresses by the applicant's consultants. Once this review has been completed, ESA will prepare an Administrative Draft EIR for review by the City. The Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15091 and 15093 of the CEQA Guidelines. It will include all CEQA-required sections based on the Initial Study. The following outline provides the proposed organization of the EIR: Executive Summary: The executive summary is intended to encapsulate the entire EIR in order to provide a quick understanding of the project's potential impacts. It will identify, in an overview fashion, the proposed project under consideration and its objectives including any design features of the project that will be implemented. This section will also summarize the proposed project's impacts and mitigation measures and will contain a summary analysis of the alternatives to the proposed project. Section 1.0 — Introduction: The introduction will include the purpose of an EIR and procedural information. Section 2.0 - Project Description: The project description will be based on information provided by City and will include the project background, project location and setting, site characteristics, project objectives, phasing, and the characteristics of the project. This section will also include the requested permits and entitlement 2-4 esassoc.com approvals for the proposed project. In addition, this section will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Section 3.0 — Environmental Setting: The existing environmental setting will be described and documented for each environmental factor identified in the Initial Study. Information will be graphically depicted and described in the separate sections of the document. Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in the NOP/Initial Study, this section of the EIR will include a discussion of the environmental setting, project impacts (distinguished between primary or secondary impacts), cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. Section 5.0 — Other CEQA Considerations: ESA will prepare the following CEQA-required analysis sections: significant irreversible environmental changes and growth - inducing impacts. Section 6.0 — Alternatives: Alternatives will be established in discussions between ESA and the City. For the purposes of this proposal, a total of three alternatives which includes the mandatory no project alternative will be considered in this section of the EIR. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the basic objectives of the project (established by the City), and a comparative analysis of the environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Section 7.0 — Persons and Organizations Consulted/References: ESA will prepare this section of the EIR to document all persons and sources that contributed to the environmental analysis. Subsequent to City review of the Administrative Draft EIR, ESA will prepare a Screencheck Draft EIR for final approval, followed by the Draft EIR for public circulation/review. We assume that changes will be minimal due to early consultation with the City, and previous approval of technical reports by City personnel. Deliverables: Technical study peer review memorandum City of Temecula Altair Specific Plan Environmental Impact Report When shaping a community—whether defining a vision, planning for an entire region or a specific site, engaging the public, or evaluating the environmental consequences of plans—an integrated and flexible approach that recognizes, embraces, and plans for the future is needed. 2-6 esassoc.com Administrative Draft EIR — 6 hard copies and 1 electronic (pdf) file Screencheck Draft EIR — 1 electronic (pdf) copy • Draft EIR — 25 hard copies and 25 CDs with a compiled pdf Task 3 — Final EIR/Mitigation Monitoring and Reporting Program At the conclusion of the public review period, ESA will work with the City to obtain all comments received on the Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft EIR, where required, will be prepared. In addition, ESA will prepare a draft Mitigation Monitoring and Reporting Program (MMRP) in accordance with Section 15063 of the CEQA Guidelines in response to any significant environmental impacts that may be identified to result from the proposed project. In order to facilitate the aggressive schedule, ESA will begin work on the Final EIR and begin drafting responses to the comments as comments are received by the City—as opposed to waiting until the close of the public review period. It is difficult to predict public reaction to the Draft EIR at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be limited to a maximum of 10 comment letters. In the event that the public comments on the Draft EIR are greater than expected, ESA will meet with the City to adjust the work program/budget, as necessary. An Administrative Final EIR and MMRP will be submitted to the City for review. Subsequent to City review of the Administrative Final EIR, ESA will prepare a Screencheck Final EIR. ESA assumes that comments on the Administrative Final EIR will be minimal, due to early consultation with the City and the applicant when comments were received. A Screencheck Final EIR will be submitted to the City for final approval. Subsequent to City review of the Screencheck Final EIR and draft MMRP, the Final EIR and MMRP will be prepared. It is understood that ESA will only prepare a Statement of Overriding Considerations as an optional task. ESA will assist the City in transmitting the required copies to the State Clearinghouse. Deliverables: Administrative Final EIR and MMRP — 6 hard copies and one electronic (pdf) copy Screencheck Final EIR — 1 electronic (pdf) file Final EIR and MMRP — 25 copies and 25 CDs with a compiled pdf Environmental Issues Based on review of the RFP and discussions with City staff, the following specific environmental impact issues will be evaluated and addressed in the EIR: Aesthetics The proposed project area is located within a visually important region within the city of Temecula, adjacent to the base of the escarpment area of the Santa Rosa Mountains. The City has gone to great effort and expense to preserve the escarpment area as permanent open space both for aesthetic and biological purposes. The proposed project has been designed to keep potential visual impacts to surrounding areas to a minimum, but the project will still be visible from certain key surrounding vantage points. Tasks ESA will document existing viewsheds in the vicinity of the project site and describe areas of the city could be visually impacted by the proposed project. Visual impacts can be subjective, and the analysis will focus on views from public as well as private vantage points, and city General Plan viewshed and urban design policy considerations. ESA will incorporate a series of visual simulations of the project area, prepared by the applicant's consultants, to depict the post -development viewshed, including bulk, massing and height of proposed structures, grading and landscaping. ESA will identify feasible mitigation measures to minimize any documented significant visual impacts. City of Temecula Altair Specific Plan Environmental Impact Report With more than 10 landscape architects in- house, we model, simulate, and evaluate the visual impacts of proposed projects. We design and implement cost-effective air quality programs to meet a wide range of federal, state, and local laws while providing maximum operational flexibility. We are known for our scientific rigor and ability to effectively communicate complex analysis to the public in support of our clients' goals. 2-8 esassoc.com Air Quality The project site is located within the South Coast Air Basin (Basin) under the local jurisdiction of the South Coast Air Quality Management District (SCAQMD). Site preparation and construction activities, as well as project operational characteristics, could generate substantial short-term temporary and long-term operational emissions of criteria air pollutants (such as particulate matter) and ozone precursors. Sensitive receptors in the project vicinity include a community park, a community center and residential land uses. Construction, area, and mobile source emissions associated with the project may result in project emissions that exceed SCAQMD's adopted thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Basin. Tasks Discuss the local and regional climate, meteorology, and topography as they affect the accumulation or dispersion of pollutants. Identify federal, state, and local regulatory agencies responsible for air quality management, and briefly summarize pertinent federal, state, and local air quality policies, regulations and standards as they pertain to the proposed project site. Summarize current air quality conditions and recent trends in the project area on the basis of the annual air quality monitoring data summaries published by the California Air Resources Board (ARB). Discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based. Identify any policies or goals embodied in the AQMP that would apply to the proposed project site. Identify specific air pollutant -sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. Describe the SCAQMD air quality impact significance thresholds for new developments. Discuss, at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants generated by construction activities. Estimate construction -related emissions for all project components using the most recent versions of ARB's OFFROAD and EMFAC air pollutant emissions models as incorporated into the SCAQMD-recommended CaIEEMod model. Estimate area- and mobile -source emissions associated with the project based on proposed building sizes and types and the project traffic analysis using the most recent version of CaIEEMod. Discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or activities, or to impede attainment of state or federal air quality goals. Additionally, discuss the impact of surrounding land uses on sensitive receptors introduced by the project. Discuss conformance of the project with the AQMP, and determine whether identified air quality impacts would exceed SCAQMD thresholds of significance. Assess the potential for the proposed project to create objectionable odors that could affect a substantial number of people. Identify cumulative development in the area and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis. Biological Resources A series of biological resource assessments and focused species surveys have been prepared for the proposed project, including an MSHCP Conformance Report. The project site is located within the MSHCP Murrieta Creek and Santa Rosa Plateau subunits/Southwest Area Plan and within several MSHCP Criteria Cells (7077, 7161, 7078, 7164, 7166, 7258, 7355 and 7356), and Cell Groups (K). In addition to City of Temecula environmental review, the proposed project must be reviewed by the Riverside County Regional Conservation Authority (RCA) for compliance with the City of Temecula Altair Specific Plan Environmental Impact Report Our biologists work with project engineers, architects and planners to survey, analyze, plan and implement practical land management and development solutions. We offer expertise ranging from endangered species to adaptive management, tailoring each solution to the unique needs of our clients. 2-10 esassoc.com MSHCP and a demonstration of a Determination of Biologically Superior or Equivalent Preservation (DBESP), Habitat Acquisition and Negotiation Strategy (HANS) and a RCA Joint Project Review Consistency Determination. It is understood that all future project -specific development proposals (subdivision maps) must be deemed to be in conformance with the MSHCP consistency review to ensure compliance with these documents. It is also our understanding that the applicant is proposing to acquire and dedicate offsite property to offset impacts to existing onsite sensitive habitat and to keep the project in conformance with the MSHCP Rough Step requirements for coastal sage scrub habitat. Allowing for adequate wildlife movement associated with MSHCP Proposed Constrained Linkage 13 (Murrieta Creek) as well as feeder linkages connecting the Santa Rosa Mountains to Murrieta Creek will be critical to project approval at the RCA. In addition, the current proposed alignment for the Western Bypass allows for added wildlife corridor buffering, creation of defensible space for wild land fire protection, and represents a substantial reduction in the impact area associated with the previously approved MSHCP/RCA alignment. ESA will use the previously prepared biological assessment documentation and MSHCP consistency findings and other available information sources such as aerial photographs, topographic maps California Department of Fish and Wildlife (CDFW) California Natural Diversity Data Base (CNDDB) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, to document existing biological resources. With this information as a basis, we will document a list of threatened and endangered and other sensitive species with potential to occur within, or in habitats adjacent to, the project area. Subsequent to the gathering of this background data set, we will conduct a reconnaissance site visit to confirm that conditions have not changed since the last biological resources assessment documentation, and to record any potential changes that may have occurred. Tasks Review the above outlined information; conduct a field survey to verify vegetation and wildlife habitat in the project area, including the potential onsite occurrence of special -status species, wetlands and other sensitive biological resources, and potential wildlife movement corridors. Document project impacts to general biological resources and discuss consistency and conformance with the MSHCP Criteria Cell and other plan requirements. Propose mitigation measures to adequately mitigate impacts to onsite and adjacent biological resources, including onsite resource avoidance and offsite habitat acquisition. Document the level of impact to biological resources following implementation of a proposed mitigation measure, and document mitigation monitoring requirements. Greenhouse Gas Emissions In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq., or AB 32), which requires the ARB to design and implement emission limits, regulations, and other measures to reduce statewide greenhouse gas (GHG) emissions to 1990 levels by 2020. Senate Bill (SB) 97, signed August 2007, acknowledges that climate change is a prominent environmental issue that requires analysis under CEQA. The updated CEQA Guidelines include requirements for determining the significance of impacts from GHG emissions. The project will generate GHG emissions during construction and operations, although the project location in relationship to Old Town and related transit opportunities, will allow for trip reduction strategies and associated GHG reduction. The GHG analysis for the project will include responses to all questions in the Greenhouse Gas Emissions section of Appendix G of the CEQA Guidelines. Tasks Summarize the federal, state, regional and local regulatory environment relative to climate change and generation of GHG emissions. Describe the existing setting as it relates to GHG emissions. Quantify emissions of GHGs, primarily carbon dioxide, methane, and nitrous oxide resulting from construction and operation of the proposed project using the most recent version of the SCAQMD-recommended CaIEEMod model. Address impacts based on CEQA Guidelines Appendix G checklist questions pertaining to GHG emissions. Identify the criteria used to determine significance of impacts as applicable at the time of the analysis. Assessment of consistency with ARB's Climate Change Scoping Plan will be performed to determine whether the project is consistent with the goals of AB 32. SCAQMD's efforts to develop a GHG threshold of significance for land use development projects will be incorporated, as necessary. Document conformance with the City of Temecula's Sustainability Plan, including GHG reduction measures. Recommend appropriate mitigation measures to reduce GHG emissions from project construction and operation, if warranted by the impact analysis. City of Temecula Altair Specific Plan Environmental Impact Report With in-house staff pioneering climate change research and policy development, we are able to provide an array of services and solutions grounded in technical rigor. Staffed with archeologists, field monitors, architectural historians and preservation planners, ESA's integrated solutions are based on practical experience. We are experts at complying with the complex regulatory requirements of cultural resources evaluation and protection. 2-12 esassoc.com Cultural Resources Historic/Archaeological Resources The project site is located adjacent to Murrieta Creek and the Santa Margarita River. It is within the Luiseno Ancestral Origin Landscape area, which is considered a very sacred area by Native Americans, and is considered sensitive for prehistoric cultural resources. ESA has worked extensively with the Pechanga tribe to resolve project - related cultural resource issues in the past and has a comprehensive understanding of local Native American issues and concerns. Past development in the vicinity has uncovered significant Luiseno artifacts, including discovery of sacred items. The project vicinity remained undeveloped and under cultivation until the 1980s when housing developments began to appear. Additional residential neighborhoods were constructed nearby from 2010 — 2013. The project area itself is undeveloped. While no historic resources are anticipated in the project area, a previous cultural resources study (Stropes and Smith, 2013) indicated that there are prehistoric cultural resources within the project vicinity, and there is potential for discovery of additional prehistoric resources, including those that may have become buried as a result of alluvial depositional activity. Paleontological Resources A paleontological resources study conducted for the project area included a paleontological records search at the San Bernardino County Museum (SBCM). The subsequent report (B.F. Smith, 2013) indicated that the surface is overlain with slope wash, but the fossiliferous Pauba Formation underlies portions of the site. The report concluded that excavation extending into the Pauba Formation could result in the discovery of significant fossils and a Paleontological Resources Impact Mitigation Program (PRIMP) was prepared. The PRIMP is considered adequate and current and will be used in the preparation of the EIR. The following tasks will be conducted in order to provide a cultural resources assessment and paleontological EIR sub -section for the EIR. Tasks ESA will review the existing cultural resources report (Stropes and Smith 2013) for adequacy and provide recommendations in a memo for additional work, if any, that should be conducted in order to complete the impacts analysis in the El R. ESA will assist the City in exploring opportunities to avoid sensitive cultural resources in the Specific Plan, and soliciting input from the Native American individuals/groups, at the City's request, in developing appropriate mitigation to minimize any impacts that cannot be avoided. Geology, Soils, and Seismicity Temecula is located in a seismically -active region of California where significant seismic hazards are present. While no active faults are known to intersect the project site, there are a number of active faults such as the Elsinore, San Jacinto and San Andreas faults in the region that are capable of producing a significant event. The nearest active faults to the project site are the Wolf Valley, Wildomar, and Willard fault segments associated with the Elsinore fault system. Secondary seismic hazards such as liquefaction, slope failure and rock fall have the potential to occur at the project site. The surface soils consist of mostly sands, silts and clays with a generally low potential for expansion. Other geologic hazards such as subsidence and erosion are also present at the project site. Tasks Provide overall data review (LCG Geo -Environmental) of area geologic conditions using published reports, maps, the previous Initial Study and work ESA has completed in the region. Summarize regional reports on soils, geologic materials, and mineral resources. Using the soil association maps, verify soil types present in the project area. Confirm key soil constraints related to these associations and slope conditions. Such constraints could include depth, permeability, susceptibility to erosion or collapse, limitations for foundation bearing, and placement of buried infrastructure and roads. City of Temecula Altair Specific Plan Environmental Impact Report With extensive knowledge of the earth's physical processes, our geologists enable clients to make informed decisions about where and how to develop; how to plan for future hazards; and how best to restore natural and beneficial processes. Identify special problems, such as potential for settlement, expansive soils and shrinkage problems (shrink/swell) and liquefaction. Briefly review and confirm the seismic setting of the project and its susceptibility to seismic hazards. Describe the erosion hazards of the area. Evaluate erosion as related to regional conditions, including slope, erosion potential and proximity to drainage channels. Discuss the potential limitations that erosion hazard could place on development. Prepare a setting section, summarize the regulatory framework, and determine the impacts of the proposed project based on information and data gathered. Determine impact significance through focused analysis and develop mitigation measures to reduce impacts, if possible, to less than significant levels. Discuss and analyze any cumulative impacts based on known future planning projects in the region. Hazards & Hazardous Materials A concern for many communities is the presence of contaminated soil, groundwater, surface water, and structures that remain after polluting agricultural or industrial activities have ceased. Previous land uses that involved any petroleum distribution, chemical production, or hazardous material generation commonly have released hazardous materials to the subsurface at some point. ESA will review the Phase 1 Environmental Site Assessment (ESA) for adequacy and incorporate its findings into the EIR. Tasks ▪ The EIR team will locate and inventory any sites with known hazardous material concerns using a city-wide database search and the Phase 1 ESA. From information provided in the Phase 1 ESA, the EIR team will determine areas in the immediate vicinity of the project site that could pose a risk to proposed land uses. ▪ The EIR analysis will locate high-risk properties relative to major transportation routes, residential communities, and existing businesses that currently use, dispose and manage hazardous materials and waste. The EIR analysis will determine overall risk and develop impacts based on any known existing contaminated properties or properties that currently use hazardous materials and current hazardous materials regulations. 2-14 esassoc.com Hydrology and Water Quality The project site is situated immediately west of Murrieta Creek and is not located within the 100 -year flood plain. There are several drainages that originate from the escarpment area west of the project site that drain easterly towards Murrieta Creek and ultimately to the Santa Margarita River. The project site plan has accommodated the majority of these drainages in an undisturbed pass through situation. Based on review of the RFP, a Water Quality Management Plan (WQMP) has not been prepared for the project, although it is expected to be available shortly. The proposed project's post - construction runoff flow rate, volume, direction, velocity, and duration are not anticipated to exceed the pre -development conditions or divert stormwater from existing watersheds. Hunsaker & Associates will prepare an assessment of existing hydrologic conditions and a Specific Plan -level hydrology section through individual research and utilization of project information provided by the applicant's consultants; and will evaluate the potential for the proposed project to result in increased impervious surfaces and the associated impact to drainage patterns due to potential increases in runoff flow rates or volumes. Murrieta Creek is located in the Santa Margarita Watershed within the Jurisdiction of the San Diego Regional Water Quality Control Board. Some of the beneficial uses associated with Murrieta Creek include recreation, groundwater recharge, and water supply. According to the Clean Water Act Section 303(d) List, Murrieta Creek is impaired for toxicity, total dissolved solids, phosphorus, copper, and chlorpyrifos (pesticide). The proposed project will result in a land use change of vacant undeveloped land to a residential/mixed use land use. In the existing condition, the project site does not generally generate pollutants of concern. In the proposed condition, the new land use has the potential to generate pollutants that are commonly associated with residential land use, such as pathogens, nutrients, pesticides, sediments, oxygen demanding substances, trash and debris, and oil and grease. Based on review of the project description, the proposed project will include numerous permanent post -construction stormwater infiltration devices and open space in order to maximize infiltration. City of Temecula Altair Specific Plan Environmental Impact Report Hunsaker & Associates will prepare an assessment of existing hydrologic conditions and a Specific Plan -level hydrology section through individual research and utilization of project information provided by the applicant's consultants. ESA blends practical knowledge and specialized expertise to partner with clients throughout their environmental and community planning processes - from vision and concept to plan development, evaluation, and implementation. 2-16 esassoc.com Tasks Discuss watershed characteristics, regulatory requirements, pollutants of concern, and receiving waters conditions, objectives, and beneficial uses. Review existing documents and reference plans for existing downstream drainage facilities, identify any existing drainage deficiencies, and prepare an existing conditions hydrology memo. Review the project -specific WQMP prepared by the applicant and analyze the differences between the existing condition and project build condition with respect to water quality impacts. Consider pollutant sources (changes in land uses); changes in the amount of impervious areas and the relation to the amount of runoff (increase or decrease); application of BMPs (number of BMPs, new technologies, effectiveness); and discharges into impaired waters. Evaluate the project's potential impact on existing hydrology and water quality and develop mitigation measures necessary to prevent adverse water quality impacts and ensure compliance with City of Temecula drainage /flood control requirements and the Clean Water Act. The proposed project would introduce a land use mix that is not consistent with the City's General Plan or in compliance with the existing zoning. The existing General Plan designations are industrial Park (IP), Open Space (OS), Combined Open Space/Industrial Park (OS/IP), Medium Density Residential (M), High Density Residential (H) and Hillside Residential (HR). The existing zoning is Business Park (BP), Combined Open Space/Business Park (OS/BP), Hillside Residential (HR) and SP -8 / Westside Specific Plan. A new Specific Plan is proposed for this project to outline the proposed development standards and design guidelines. Implementation of the project would require a General Plan Amendment and a zone change. In addition, the project site is located within Western Riverside MSHCP criteria cells, requiring a HANS process and a RCA Joint Project Review Consistency Determination. Tasks Identify existing land uses, general plan and zoning designations, on and surrounding the project site. Evaluate any inconsistencies between the proposed project and the City's adopted land use codes, regulations, and policies; including the General Plan and the Development Code. Discuss the relationship of existing and proposed uses of the site with existing and planned uses of surrounding properties. Discuss cumulative development (approved and planned projects) in the vicinity of the project. Identify any inconsistencies with regional land use plans and policies, and recommend mitigation measures to improve compliance. Identify the criteria used to determine significance and impacts resulting from the project. Recommend feasible mitigation measures, if needed. Identify any impacts remaining after implementation of the recommended mitigation measures. The project site is located west of Murrieta Creek and is adjacent to open space, multifamily residential and business park land uses. Existing noise exposure from these adjacent land uses is expected to be low. The project will increase traffic noise exposure on the local roadway network, and in particular, noise related to the proposed 4 -lane Western Bypass. These increases may impact existing noise -sensitive receivers (i.e., residential uses) in the project vicinity. Completion of the Western Bypass will relieve existing traffic congestion on other area roadways and may result in associated noise reductions at those locations. Construction of the project may produce significant short-term noise and vibration exposure in the project area. City of Temecula Altair Specific Plan Environmental Impact Report With extensive experience performing noise assessments, we effectively help clients as they design and plan configurations and improvements for their projects. 2-17 With a staff of community planners, scientists, landscape architects and engineers, ESA provide a full suite of planning, environmental, design, and engineering services. 2-18 esassoc.com Tasks Research and review applicable City of Temecula noise exposure criteria. Complete short-term ambient and traffic calibration noise level measurements in the project vicinity. Complete traffic noise modeling using the Federal Highway Administration's (FHWA) Highway Traffic Noise Prediction Model to address future traffic noise exposure on the project site and project -related traffic noise level increases at existing noise -sensitive uses in the project vicinity. If needed, complete construction noise modeling using the FHWA's Roadway Construction Noise Model (RCNM) and assumed worst-case construction equipment operations near the closest existing noise -sensitive uses. Assess project noise and vibration impacts based on the applicable noise and vibration criteria, completed field measurements, traffic noise modeling, and construction noise modeling, with particular emphasis on the Western Bypass. Where required, develop mitigation measures to address project noise and vibration impacts. These measures will address traffic -related noise exposure at project residences, project -related traffic noise level increases in the vicinity, and project -related construction noise and vibration exposure in the vicinity. Prepare the noise section for the Draft EIR. Population and Housing In general, a project would be considered growth -inducing if its implementation would result in substantial population increases and/or new development that might not occur if the project were not approved and implemented. The proposed project would add up to 1,900 multi -family units to the City's housing inventory. The level of development proposed for the project site was not entirely anticipated in the General Plan; therefore, it could be considered to have potential growth -inducing impacts. Tasks • Describe existing conditions at the sites. Provide estimates of the number of residents that would be added at the sites, based on estimates by ESA or numbers provided by the applicant and using City population per dwelling unit assumptions for residential uses. Assess the likelihood that the project would directly or indirectly induce additional growth in the area based on new infrastructure or recreational opportunities. Evaluate the project's consistency with the City's population and housing projections. Recommend feasible mitigation measures, if needed. Public Services/Recreation The proposed project would result in the addition of new residences and could increase the population in the project area, which could affect the service standards of local public service agencies and recreational amenities. The EIR will analyze impacts on public services and recreation. Tasks Document existing and proposed school facilities including location, capacity, expansion plans, project related student generation and mitigation measures. Document existing and proposed recreational facilities that could be potentially affected by the proposed project. Document existing police and fire facilities in the project vicinity, response times, and project related impacts to existing service levels. Describe the location, current levels of use, and existing conditions of recreation areas within the project area. Identify project impacts and measures to mitigate potential impacts. Traffic and Circulation ESA's traffic subconsultant, Fehr & Peers, will prepare the project specific traffic study according to the City of Temecula Public Works Department, Traffic Impact Analysis Guidelines, including the most recent RivTam traffic model and Synchro software. The traffic impact analysis will include an evaluation of construction -related and operational effects of the proposed project. Baseline traffic data from the applicant's traffic consultant will be utilized to the extent feasible. City of Temecula Altair Specific Plan Environmental Impact Report Fehr & Peers is very familiar with the City of Temecula landscape, having prepared a number of traffic studies for projects within the city, including Jefferson Corridor study. Task 1- Project Study Scoping As required by the City, Fehr and Peers will prepare a Traffic Study Scoping Agreement, addressing the following items: Study Intersections Study Roadway Segments Project Description Project Trip Generation Project Trip Distribution Proposed/Approved Projects for Cumulative Traffic Ambient (Background) Traffic Growth Assumptions or Integration with City's Model Process for Opening Year and Cumulative Project Forecast Methodology A preliminary estimate of project traffic generation and indicates that there may need to be as many as 18 intersections studied and 6 roadway segments, to comply with the City's requirement to analyze intersections with more than 50 trips. Task 2- Existing Conditions Conduct a field review to document the existing roadway and intersection configurations within the study including the location of traffic control devices, sidewalks, and transit facilities. This scope assumes that a minimum of 18 intersections would be studied. Fehr & Peers will prepare Level of Service (LOS) analyses for analyzed intersections and roadway segments. The methodology used for each will be consistent with requirements described in the City's Traffic Impact Analysis Guidelines. Task 3- Project Traffic Conditions Fehr & Peers will Identify project traffic estimates for daily and peak hour periods using the data identified in the Traffic Study Scoping Agreement. Fehr & Peers is recommending the use of the MXD Model to identify appropriate levels of internalization and alternative mode usage, as was applied in the Jefferson Avenue Specific Plan Traffic Study. Task 4- Background Traffic Forecasts Fehr & Peers will prepare background traffic forecasts, consistent with the scenarios identified in the City's Traffic Impact Analysis Guidelines including: Existing Traffic Conditions (With Project) Cumulative Traffic Conditions (Without Project) 2-20 esassoc.com Cumulative Traffic Conditions (With Project) General Plan Buildout (Without Project) General Plan Buildout (With Project) Fehr & Peers will evaluate roadway segment and intersection Level of Service (LOS) using the same methodologies detailed above. A traffic signal warrant analysis will be performed at any unsignalized analyzed intersections within the study area. Task 5- Project Impact Analysis Fehr & Peers will identify impacts associated with the Project Traffic using City of Temecula Significance Criteria. If any impacts are identified, mitigations will be developed. These mitigations could include traffic signal improvements, roadway widening, or other related items. We will also consider the benefits of the City's Adaptive Traffic Control System (ATCS) related to any roadway segment and intersection impacts and mitigation measures. The Project Fair Share of mitigation costs will be calculated for each study area analyzed intersections, and will be calculated for each analyzed peak hour. Task 6- Documentation Fehr & Peers will prepare a transportation study, which will be submitted to the City for review and comment. They will update the study prior to its incorporation within the Administrative Draft EIR Utilities and Service Systems The proposed project would result in the addition of new residential and related land uses and would increase the population in the project area, which would generate additional demand for utilities and service systems, and could affect the service standards of local public service agencies/districts. The EIR will analyze impacts on utilities and service systems including: water supply (RCWD), wastewater conveyance, treatment and disposal (EMWD), regional drainage facilities, and solid waste disposal. ESA routinely works with RCWD and EMWD related to service issues and has a comprehensive understanding of agency/district requirements. ESA is also an on-call consultant to EMWD, providing additional valuable insight. Tasks Document existing and proposed water, wastewater, drainage and solid waste facilities, including any expansion plans. Demonstrate compliance with Section 15155 of the CEQA Guidelines (Water Supply Assessment) to document that adequate water supply will be available for the proposed project. City of Temecula Altair Specific Plan Environmental Impact Report With a staff of community planners, scientists, landscape architects and engineers, ESA provide a full suite of planning, environmental, design, and engineering services. 2-22 esassoc.com Evaluate project impacts to water, wastewater, drainage and solid waste disposal facilities and determine if facility upgrades are required to accommodate the additional demand. Document any requisite mitigation measures to reduce utilities and service systems impacts to less than significant levels. Contingency A 10% contingency has been included in the scope of work and budget to provide for the completion of currently unforeseen tasks that may be required as part of the EIR. No work will be undertaken under the contingency portion of the budget without prior written authorization from the City of Temecula. Project Timeline ESA understands the expedited project timeline (schedule) required for this project and that completion of the Draft and Final EIR in a timely and efficient manner will be the critical path for scheduling project public hearings with the Planning Commission and City Council. To be responsive to this schedule, ESA has compiled a project team consisting of some or our most experienced technical staff familiar with the City and surrounding areas, as well as the specific issues related to this type of project. Per the schedule, the technical study peer review and Administrative Draft EIR will be completed within eight (8) weeks of the City's consultant selection and project kick-off, with certification of the Final EIR being completed within 9 months of project kick-off. The schedule presented in Figure 2-2 supports achievement of the major milestones of the project, and the certification of the environmental document. Figure 2-2 Timeline Schedule TASK 1 Project Initiation 2D14 2015 JUL AUG SEP OCT NOV DEC JAN FEB MAR 2 Technical Study Review 3 Administrative Draft EIR/ ESA Technical Studies 4 City Review 5 Screencheck Draft EIR 6 Notice of Completion - 7 Draft EIR Circulation 8 Draft Final EIR. Response to Comments, and MMRP 9 City Review - 1 _1C -----------NM 10 Screencheck Final EIR, Response to Comments. and MMRP 11 Final EIR. Response to Comments, and MMRP 12 Planning Commission Hearing 13 City Council Hearing 14 30 Day Appeal Period --r- --- H 4 r ESA Task • Major Milestone * Meeting • Public Hearing City of Temecula Altair Specific Plan Environmental Impact Report Exhibit E Cost Proposal Proposed Cost Estimate ESA utilizes an integrated Deltek project accounting system to track project activity/costs and ensure that the proposed scope of work is completed on time and within budget. Deltek allows for real time accounting and financial information to be provided to ESA's project managers. ESA also utilizes a Project Director/Project Manager/Quality Assurance/Quality Control system to ensure that project deliverables are of the highest possible quality and meet clients' needs and expectations. ESA's proposed cost estimate lists the costs of tasks and subtasks described in the Technical Approach and Timeline in Section 2 of our proposal. This budget is inclusive of all labor, administrative costs, environmental documentation production needs, and travel. Additionally, we have included some optional tasks. These optional task items should be discussed with the City and are dependent upon the need of the applicant. City of Temecula Altair Specific Plan Environmental Impact Report Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. 3-1 TABLE 3-1 COST ESTIMATE ALTAIR SPECIFIC PLAN EIR Task Cost ITask 1 — Project Management / Coordination $16,800 Task 2 — Administrative Draft EIR / Draft EIR Air Quality Assessment $6,950 Biological Resources $11,140 Cultural Resources $9,750 Greenhouse Gas Emissions Assessment $4,450 Hydrology and Water Quality $18,400 Noise Assessment $8,000 Traffic Impact Analysis $45,250 All Other DEIR Sections (Project Description, Alternatives, etc.) $82, 000 $185,940 Task 3 — Final EIR, Findings, MMRP $26,940 Subtotal - Labor $229,680 Document Reproduction $5,000 Reimbursable Expenses (in-house copying, mileage, postage, $3,100 equipment usage, etc.) Contingency 23,778 Total $261,558 3-2 esassoc.com Environmental Science Associates & Subsidiaries 2014 Schedule of Fees I. Personnel Category Rates Charges will be made at the category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the category rate times 1.5. Please note these rates are subject to negotiation with the City upon receipt of an awarded contract. Labor Category Level Level Level 111 Senior Director 225 240 255 Director 190 205 215 Managing Associate 155 170 185 Senior Associate 130 140 150 Associate 95 110 120 Project Technicians 75 90 110 (a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. II. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle — IRS mileage reimbursement rate b. Common carrier or car rental — actual multiplied by 1.15 B. Communications Fee In-house costs for phone, e-mail, fax, regular postage, walk-up copier, and records retention — project labor charges multiplied by 3% City of Temecula Altair Specific Plan Environmental Impact Report C. Printing/Reproduction Rates rQ:u Rate/page 8 1/2 x 11 b/w $0.05 11x17 b/w $0.10 8 1/2 x 11 color $1.00 11 x 17 color $1.50 Covers $0.50 Binding $1.00 HP Plotter $25.00 CD $10.00 Digital Photography $20.00 (up to 50 images) III. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.15. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. 3-4 esassoc.com Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: July 22, 2014 SUBJECT: Approval of Tract Map 36295 (located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way, and south of Calle Chapos) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve Tract Map 36295 in conformance with the Conditions of Approval; 2. Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor and Materials Bond as security for the Agreement; 3. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. BACKGROUND: Record Title Interest: Walcott 45, LLC/Van Daele Homes, LLC Tract Map 36295 proposes to subdivide a 25.13 gross acres (22.32 net acres) property into 45 single-family residential lots. The property covered by this map is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos. Tentative Tract Map No. 36295 (PA 10-0145) was approved by City Council on January 10, 2012. The three-year approval was effective immediately and lasts until January 10, 2015. The Walcott Lane improvements associated with the development of this map are required to be constructed. The survey monuments are also required to be set. Thus, the property owner/ developer is obligated to execute the Subdivision Improvement Agreement and the Subdivision Monument Agreement, and post the required securities. The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this map is in conformance with the approved tentative tract map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. City Attorney Peter Thorson has advised the Council that there are no conflicts of interest related to the approval of the Final Map and Subdivision Agreements for Tract 36295 and that all Council Members may participate in the consideration and approval of the recommended actions. When the Tentative Map and Project were approved on January 10, 2012, Council Member Naggar had received income from the managing member of the Developer at that time, Steve Galvez, within the year prior to the approval. Council Member Naggar has not received any income from Mr. Galvez during the year prior to this approval. Mayor Pro Tem Comerchero and Council Members Naggar and Washington have an economic interest in the development of the Europa Vineyard Estates Project located at the southeast corner of Butterfield Stage Road and La Serena, even though none of them have an ownership interest in the property. Europa Vineyard Estates is located at least 1233 feet from the closest boundary of Tract Map 36295. This distance is actually greater since the street widths were not added to this measurement. The only public improvements for Tract Map 36295 are public roads within the boundaries of the Tract, and parkway and median landscaping adjacent to the boundaries of the Tract. Therefore, the Final Map and Subdivision Agreements have no impact on the Europa Villages Estates property. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of the Map CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS FEES AND SECURITIES REPORT TRACT MAP NO.36295 DATE: July 22, 2014 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIALS SECURITY Street and Drainage in -tract improvements $ 166,000 $ 83,000 Water $ 39,500 $ 19,750 TOTAL $ 205,500 $ 102,750 Monumentation $ 8,000 - DEVELOPMENT FEES: RCFC&WCD (ADP) Fee $ Paid Development Impact Fee $ To Be Paid SERVICE FEES: Planning Fee $ 703 Fire Fee $ 258 CSD Fee $ 1,222 Plan Check Fee $ 7,255 Monumentation Inspection Fee $ 400 Fees Paid to Date $ 9,838 Balance of Fees Due $ 0 VICINITY MAP N.T.S. NUMBER OF LOIS: 50 NUMBER OF LETTERED LOTS: 6 GRO55 ACREAGE -25.43 ACRES NET ACREAGE -22.32 ACRES OWNER'S STATEMENT Wi HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED VATH7N THE SUBMWSIDN 0909wi HEREON; THAT WE ARE THE ONLY PERSONS WHOSE 006506715 NECESSARY TO PA55 A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING 00 IRIS SUBDI'ASION MAP AS SHOWN WHIN THE DISTINCTIVE BORDER LINE WE HEREBY DEDICATE TO PUBLIC USE FOR ROADS AND PUBLIC UTILITY PURPOSES 1075 "A" AND "B We AL50 HEREBY DEDICATE 70 PUBLIC USE, 660E44E87S FOR PUBLIC UIL77Y PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL, OYER LOTS "C, 10", "E", AND 7" SHOWN AS ("PRIVATE STREETS"), WHIN 1875 MAP. WE ALSO HEREBY DEDICATE TO PUBLIC 050, A CLASS I TRAIL FOR PUBLIC ACCESS PURPOSES WTH/N THIS MAP. ASA 006017106 00 D001047706 OF LOT "A" (807/06F7ELD STAGE 60A0) AND LOT "6" (6(600077 LANE) THE OWNERS 00 LOTS 46, 50, AND 007 "E" ABUTTING THESE HIGHWAYS AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT 110 GENERAL EASEMENT OF TRAVEL, ALSO EXCEPTING ONE 50.00 FOOT ACCESS OPENING ON 800606FIELD STAGE ROAD AND ONE 110.65 FO07 ACCESS OPENING ON WALCOTT LANE AS SHOWN HEREON. ANY CHANGE OF ALIGNMENT OR MOTH THAT RESULTS TN THE VACATION THEREOF SHALL TERMINATE THIS DEDICATION AS TO THE PART VACATED. WE HEREBY RETAIN LOIS "C". "0` 0" AND "F" . SHOWN AS (PRIVATE STREETS) FOR PRIVATE USE FOR THE SOLE USE OF OURSELVES. CUR SUCCESSORS, ASSIGNEES AND LOT O1,NERS WTHIN THIS MAP. WE HEREBY RETAIN OPEN SPACE L075 46, 47, 48, 49 AND 50 INCLUSIVE, AS SHOWN HEREON AS "OPEN SPACE", FOR PRIVATE USE. FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND L07 OWNERS WITHIN 7M5 TRACT MAP THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: 70 EASTERN 606/OPAL WATER 0/57RICT (07578707), A PUBLIC AGENCY OF THE STATE OF CALIFORNIA, ITS SUCCESSORS AND 6501065, A PERPETUAL EASEMENT AND RIGHT OF WAY TO CONSTRUCT, MAINTAIN, ENLARGE, RECONSTRUCT, REMOVE AND REPLACE, OPERATE INSPECT, REPAIR, IMPROVE AND RELOCATE SEWER FAC7LI5ES AS SHOWN ON THIS MAP WITHIN THE SUBDI SIGN AND DESIGNATED 'SEWER EASEMENT"'HEREON, 7000/6ER 977H THE RIGHT OF ACCESS TO AND FROM SAID EASEMENT FOR THE PURPOSE OF EXERCISING THE RIGHTS GRANTED IN SAID EASEMEN7. OWNER RETAINS THE RIGHT TO USE 7140 EASEMENT AREA PROVIDED THAT OWNER SHALL N07 CON57001 OR ERECT BUILDINGS MASONRY WALLS, MASONRY FENCES AND OTHER STRUCTURES OR IMPROVEMENTS OR RANT OR 0600 TREES OR SHRUBS, CR CHANGE THE SURFACE GRADE OR INSTALL P87VAT£LY-OWNED P70017900 W7HOU7 THE PRIOR WRITTEN CONSENT OF DISTRICT 8Y: JEFFREY M. HACK, MANAGER WALCO77 45, LLC BENEFICIARY STATEMENT A CALIFORNIA LIMITED L7ABIL)TY COMPANY 06706 BANK, N.A., BEN£F10/ARY UNDER DEED OF 78000 RECORDED .796iUARY 3, 2014 AS 7 01808EN7 NUMBER 2014-0001757, O.R. BY: BY: NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE j ON 20/4 BEFORE ME, A NOTARY PUBLIC,CALIFORN7A, PERSONALLY APPEARED WHO PROVED TO 140 ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) 6(4000 NAME(5) (IS/ARE) SUBSCRIBED 70 THE MTHIN INSTRUMENT AND ACKNOWLEDGED TO ME 7HAT (80/580/THEY) EXECUTED THE SAME IN (815/806/THEIR) A01710612E0 09040/T7(IES), AND THAT BY NS/HER/THEIR) SIGNA7URE(0,) ON THE INSTRUMENT THE PERSON(0) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(0) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENAL71 07 PERJURY UNDER THE LAWS 00 7340 57A7E 07.040/FORNI9 THAT THE FOREGOING PARAGRAPH 1S TRUE AND CORRECT 47060SS MY HAND ANC OFFICIAL SEAL. MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR SAID STATE COUNTY. MY COMM7SSION EXPIRES NOTARY ACKNOWLEDGEMENT MY 0088I05I0N NUMBER STATE OF CALIFORNIA SS COUNT, OF RIVERSIDE j ON 2074 BEFORE ME, A NOTARY PUBL70,040700R64, PERSONALLY APPEARED WH0 PRO0E0 TO ME ON THE BASIS 00 SATISFACTORY E9DENCE TO BE THE PERSON(0) WHOSE NAME(0) (IS/ARE) SUBSCRIBED 70 THE WITHIN INSTRUMENT AND ACKNOWLEDGED 70 ME THAT (60/080/7807) EXECUTED THE SAME IN 0410/HER/THEIR) %078081200 CAP90777(700). AND THAT BY (970/HER/THEIR) 01GNANRE(0) ON THE 7607806067 THE PERSON(S) OR THE ENTITY UPON BEHALF 07 WHICH THE PERSON(0) ACTED, EXECUTED THE INSTRUMENT i 0E85FY UNDER PENALTY OF 0E66060 UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT 174E FOREGOING PA6606909 75 TRUE AND CORRECT WI761E50 MY HAND AND OFFICIAL SEAL MY PRINCIPAL PLACE OF BUSINESS 7.5 IN COUNTY. NO7ARY PUBLIC 1N AND FOR SAID STATE 127 COMMISSION EXPIRES MY 008055I0N NUMBER IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36295 BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP N0. 9288, AS SHOWN BY MAP ON FILE IN BOOK 36, PAGE 43 OF PARCEL MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND PARCELS 1, 2, 3, AND 4 TOGETHER WITH LETTERED LOTS C, D, E. AND F OF PARCEL MAP N0. 10891, AS SHOWN BY MAP ON FILE IN BOOK 94, PAGES 77-78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ACS CONSULTING INC. MARCH 2014 TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING 70 THE RECORDS OF THIS OFFICE A5 00 THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE 617676 MAP FOR UNPAID STATE, 000N7Y, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLEC700 AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT Y£T PAYABLE, W4I09 ARE 0077861ED TO BE $ DATE: 2014. DON KENT COUNT7 TAX COLLECTOR DEPUTY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND 714 THE SUM OF i HAS BEEN EXECUTED AND FILED 817H, THE BOARD OF 00008070060 OF THE COUNTY OF RIVER57DE, CALIFORNIA, COND170NED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND A11 SPECIAL ASSESSMENTS 001000T£0 AS TAXES WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY 8UT NOT YET PAYABLE AND SAID BOND MIS BEEN DULY APPROVED EY SAID BOARD OF SUP£RVBCRS. DATE: 2074. CASH OR SURETY BOND DON KENT COUNTY TAX COLLECTOR KECIA HARPER -THEM, CLERK OF THE BOARD OF SUPERVISORS BY DEPUTY 8Y: NOTICE OF DRAINAGE FEES N07CE 1S HEREBY OVEN THAT THIS PROPERTY 1S LOCATED 1N THE MURR7ETA CREEK/ WARM SPRINGS VALLEY AREA DRAINAGE PLAN WHICH WAS ADOPTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIvERSIDE PURSUANT TO SECTION 7025 OF ORDINANCE 460 AND SECTION 66483, ET 5E0 OF THE GOVERNMENT CODE AND THAT SAID PROPERTY IS SUBJECT 7O FEES FOR SAID DRAINAGE AREA. NOTICE IS FURTHER GIVEN THAT, P0800967 TO SECTION 7025 OF ORDINANCE 460, PAYMENT OF THE DRAINAGE FEES SHALL 8E PAID A1711 CASHIER'S CHECK OR MONEY ORDER ONLY 70 THE RIVERSIDE COUNTY FL00D CONTROL AND 66706 CONSERVATION D75TR707 A7 THE TIME OF ISSUANCE OF THE GRADING OR BUILDING PERMIT FOR SAID LOTS, 067080 £R OCCURS FIRST AND THAT THE OWNER OF EACH LOT, AT THE DIE OF ISSUANCE OF EITHER THE GRADING OR BUILDING PERMIT, SHALL PAY THE FEE 600078ED AT THE RATE IN EFFECT AT 771E 780 OF ISSUANCE OF 7HE ACTUAL PERMIT. SIGNATURE OMISSIONS PURSUANT TO SECTIONS 65436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES 00 THE 00010660 OWNERS OF EASEMENTS AND/OR 07140R INTERESTS HAVE BEEN 06I7700: AN EASEMENT FOR PUBLIC 071777 PURPOSES GRANTED TO EASTERN MUNIC7PAL WATER DISTRI07 IN THE DOCUMENT RECORDED ON MARCH 28, 2013 AS INSTRUMENT 60 2073-0748626, D.R.. A RES£R097106 OF ALL IRON, COAL, LIGNITE ASPHALTUM, LEAD. TIN, COPPER, LIMESTONE. MARBLE AND OTHER DEPOS770 AND SUBSTANCES AS RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY DEED RECORDED MAY 5, 1904 IN 80071 785 PAGE 4 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET FROM THE SURFACE OF SAID LAND 141771 THE RIGHT TO PROSPECT DIG, DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR THROUGH THE 07807 200.00 FEET INA 00071 BENEATH THE SURFACE OF SAID LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 7966 AS INSTRUMENT NO 172999 OF OFFICIAL RECORDS OF R7VERS700 COUNTY, CALIFORNIA. ABANDONMENT NOTE PURSUANT TO SEC70NS 66434 AND 66499.20 7/2 OF THE 0080114906 MAP ACT, THE FILING OF THIS MAP SHALL CONS17UE THE ABANDONMENT OF THE FOLLOWING: 7. A PORTION OF THE EXISTING DRAINAGE ACCESS EASEMENT, WHIN THE BOUNDARIES OF THIS MAP WHICH WAS ACQUIRED BY THE CITY OF TEMECULA ON EASEMENT RECORDED DECEMBER 6 2006 AS INSTRUMENT N0. 2006-0902887, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, NOT SHOWN ON THIS MAP. 2. THE DEDICATION TO PUBLI0 USE, L0TS "C", "D", 7", AND "F" FOR STREET AND PUBLIC 077LITY PURPOSES AS SHOWN ON PARCEL MAP Na 70891, AS SHOW BY MAP ON FILE 1N BOOK 94, PAGES 77 AND 78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, NOT SHOWN ON THIS MAP SHEET 1 OF 6 SHEETS RECORDER'S STATEMENT FILED THIS DAY OF 20 AT __A IN BOOK OF MAPS, A7 PAGES AT THE 605005T 00 THE CITY CLERK, CITY OF TEMECULA. A0. FEE 0ARRY W. WARD ASSESSOR - COUNTY CLERK - RECORDER BY./ DEPUTY 5E010101QV GUARANTEE: CHICAGO TITLE 063,1647 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY M6 OR UNDER 117 DIRECTION AND 1S BASED ON A FIELD SURVEY IN CONFORMANCE 741TH 7HE REQUIREMENTS OF THE 50807 IS70N MAO ACT AND LOCAL ORDINANCE AT THE REOU£S7 OF WALCOTT INVESTMENTS, 1.00, ON APRIL 2013. I 11E8087 STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY 64LL BE 5£T IN ACCORDANCE 6471 THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE 71E SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP 00857AN7ALL7 CONFORMS TO 760 CONDI70NALLY APPROVED ENTA1VE MAP. 7115 SURVEY IS TRUE AND COMPLETE AS SHOWN. DATE: 2074. FRANK A. AR71GA L.S. N0. 8716 EXP. 06/30/16 /Z IANDS0' "4rcY' 9�P L.S. 90. 6776 04, 6/30/16 IE nr reV 6DR� CITY ENGINEER'S STATEMENT I HEREBY CERTIFY THAT 17475 MAP CONSISTING OF (6) SIX SHEETS HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND FOUND 70 BE SUBSTANTIALLY THE 5980 AS T7 APPEARED ON 7710 TENTATIVE MAP OF TRACT 60. 36295 AS FILED AND APPROVED BY THE CITY OF TEMECULA ON O1-10-72. 71E EXP7RA70N DATE 80760 01-10-76. THAT ALL PROVI9005 OF APPLICABLE STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND THAT 7 AM SA7SFlE0 THIS MAP IS TECHN7CALLY CORRECT. DATED THIS DAY OF KRIS R. W1NCHAK, LS. 6240 (AS DELEGATED) CITY OF TEMECULA 2014 FOR THOMAS W. GARCIA CITY ENGINEER Fl9 S. 40. 6240 OF (14/16 CITY CLERK'S STATEMENT THE CITY COUNC7L OF THE CITY OF 70800019, STATE OF CALIFORNIA, BY ITS CLERK, GWYN R FLORES, CMC, HEREBY APPROVES THE TRACT MAP AND ACCEPTS THE OFFER OF 000709PON OF LOTS "A" AND "8" MAGE HEREON FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES AS DEDICATED, SUBJECT 70 IMPROVEMENTS C06078007E0 IN ACCORDANCE 6118 CITY STANDARDS WE ALSO HEREBY ACCEPT THE EASEMENTS FOR PUBLIC 071777 PURPOSES TOGETHER WTH THE RIGHT OF INGRESS AND EGRESS FGR SER'9CE AND 08E80E740Y VEHICLES ANO PERSONNEL, OVER LOTS "0' "D", "E", AND 7' SHOWN AS ("PRIVATE STREETS"), WITHIN THIS MAP A5 DEDICATED WE AL50 HEREBY ACCEPT 740 OFFER OF OE0706710N OF ABUTTERS RIGHTS OF ACCESS ALONG BUTTERFIELD STAGE ROAD AND WALCOTT LANE AS DEDICATED. WE ALS0 HEREBY ACCEPT THE OFFER OF DEDICATION OF THE CLASS I TRAIL FOR PUBLIC ACCESS WINN THIS MAP AS DEDICATED. W£ HEREBY ACCEPT THE ABANDONMENT OF A PORTION OF THE DRAINAGE ACCESS EASEMENT AS SH0WN ON THE ABANDONMENT NOTE HEREON. WE ALSO HEREBY ACCEPT 710 ABANDONMENT OF LOTS "C", "0" "E", AND "F" FOR STREET AND PUBLIC UTILITY PURPOSES AS SHOWN ON 710 ABANDONMENT 407£ HEREON. BY.: 2074 GWYN R. FLORES, CMC ACTING CITY CLERK, CITY OF TEMECULA EASTERN MUNICIPAL WATER DISTRICT'S ACCEPTANCE STATEMENT I HEREBY STATE THAT THE EASEMENTS DEDICATED ON THIS MAP TO THE EASTERN 8067CIPAL WATER DISTRICT ARE HEREBY ACCEPTED AND 7770 DISTRICT CONSENTS 70 THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. BY: DATE: 2074 ROSEMARIE V. HOWARD, SECRETARY OF THE EASTERN MUNICIPAL WATER DISTRICT AND THE BOARD OF DIRECTORS THEREOF SEC.29, 7.7S., R.2W., 5.8.8. FOUND 1" LP. OPEN, N0 REF. MON., ACCEPT AS SW COR. OF PARCEL 4 PM 58/49, HELD FOR NORTHERLY LINE, SET PLASTIC PLUG STAMPED 00 8716. �a21 4M H L`� SEARCHED NOTHING 10., SET NOTHING g 2 2 S4RAGO FOUND I" 1P., FLUSH, STAMPED L 0 7131 PER M.B. 320/79-97. AT CL INTERSECTION 01 C'ALLE SARAGOZA AND WALCOTT LN. SEARCHED NOTHING F0.-' SET NOTHING FOUND I" LP., FLUSH - STAMPED 0.5. 7178 PER M.B. 320/79-97. AT CL INTERSECTION OF WGASA PH.. AND WALCOTT LN. IN 0H1 CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 6 SHEETS TRACT NO. 36295 BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP N0. 9288, AS SHOWN BY MAP ON FILE IN BOOK 36, PAGE 43 OF PARCEL. MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND PARCELS 1, 2, 3, AND 4 TOGETHER WITH LETTERED LOTS C. O. E. AND F OF PARCEL MAP N0. 10891, AS SHOWN BY MAP ON FILE IN BOOK 94, PAGES 77-78 OF PARCEL. MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ACS CONSULTING INC. MARCH 2014 ENVIRONMENTAL CONSTRAINT NOTE: ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP IS ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY SURVEYOR, IN ECS BOOK-.. S-_ PAGE_3137_, THIS AFFECTS ALL LOTS. FOUND I" I.P., FLUSH, STAMPED IS. 3799, NO REFERENCE ACCEPTED AS 188 NW COR LOT "D" :0 PER PM. 58/49 My PARCEL 3 PARCEL 4 PARCEL MAP 11923 PARCEL MAP 11923 P.M. 58/49 P.M. 58/49 -;ELDETALL_A HOMISEANG 10RC8ED .� N 8935.40' W 738.36" [N 89'34'46" W 738.062 /.E3..70•. 650.01'(649.71'] (3/ 35.7 SHEET 3-- 46-00 I 2 3 vy 4 5 6 /0 9 10 Il '.. gF' 01' [8 8935.59"'W 781.28 12. ST (N 897496" W 780.85] (N 89'3509" W /80.95)S70172z° 23 22 21 20 19 18 4Z 390.35 (300447 0 87 1 116 IS 14.19 55 `i%1460`�. 4/ 1 S/ `: 27 26, 25 24 45 4340490011E ' 4SIJET440 .?1 30 09 20 rr 99 II 39 30 _?),.,0 35 �C 50-00 l • L 50 -OS SHEET 5 FOUND 1" IP, F1USH, STAMPED 1.0. 4343, ACCEPTED AS SE COR. LOT 1, PER R.M. 58/49. FOUND 11/4" I.P., ON. 1.00' STAMPED L.S.4136 5• PER PB. 94/77-78. 10080 P., IN LIEU OF I-7/4'07., RUSH STAMPED R.C.E. 12116 PER P.M. 58/49, AND P.M. 94/77-78 NSTA DEL mmotor ROAD 0. nl -SEARCHED . _ NOTHING FD. M1 ^ G o 8ro cu a�z � a SEARCHED -NOTTING 10. 04.56' SEARCHED 764.00'] i NOTHING FD. 2022 , 65.04' 8443' ' 90.27' 011 NOTHING [240.792,•7,• •5.032 8^[�5•-' 38471 [384.517 - 38.40' 10736' 769 170 N 893401' W 929.71 N 89'34'54" W 92842 7107.42"2 fN 8933'21" W 92059.2 171 172 173 174 175 1/6 TRACT N0. 23209 048714 04.8 320/79-97 %EACF 514/113HED NOTHING FD. I /NCR = 200 FEET 200 400 600 800 PARCEL I oPARCEL MAP 13545 o P.M. 74/30-37 FOUND 1" IR, RU5H, STAMPED L.S. 7891 PER. P.M. 220/9-10. VICINITY MAP NO SCALE SURVEY PROCEDURE AND SHEET INDEX SURVEYOR'S NOTES I. THE BASIS OF BEARING FOR NS SUBDIVISION 15 THE CENTERLINE OF BUTTERFIELD STAGE ROAD PER PARCEL MAP 11923, PM 58/49, BEING N 0027'48" E. 2. • INDICATES FOUND I" I.P., W/PLUG 0.5. 7178, FLUSH PER 8.B: 320/79-97, UNLESS 09/1/0105E NOTED. 3. 0 DENOTES SET 1" IRON PIPE 18" LONG 10711 PLASTIC PLUG STAMPED L.S. 8716, FLUSH. 4. SET I" IRON PIPE 18" LONG 8491 PL4001 PLUG STAMPED L.S. 8716, 100011, AT REAR LOT CORNERS AND ANGLE POINTS IN SIDE LOT LINES, UNLESS NOTED 07HERW15E. 5. SET LEAD Be TAG MARKED LS 8716, IN TOP OF CURB ON SIDE LOT LINES PROJECTED, IN 0IE21 OF FRONT LOT CORNERS. 6. SET LEAD & TAG MARKED LS 8718 IN TOP OF CURB, FOR OCs, ECs, PCCs, PTCs, AND CORNER CUTBACKS PROJECTED PERPENDICULAR OR RADIAL FROM CENTERLINE. 7. ALL MONUMENTS SET PER RIVERSIDE COUNTY ORDINANCE 461.10. 8. ALL MONUMENTS SHOWN AS "SET" SHALL BE SET IN AC100004111 W778 THE 808081NTATIDN AGREEMENT FOR THIS MAP. 9 THIS TRACT CONTAINS 25.13 ACRES, GROSS. 10 ( ) OEN07ES RECORD DATA PER PM. 10891/7.8. 94/77-78. 17. IJ DENOTES RECORD DATA PER TR. 23209/8.0. 320/79-97 72. ( ] DENOTES RECORD DATA PER PM. 71923/P.M. 58/49. 13 )J 11 DENOTES RECORD DATA PER PM. 32015/7.8. 229/9-40 14. DRAINAGE EASEMENTS SHALL BE KEPT FREE OF 80I00INGS AND OBSTRUCTIONS. 15, ///7 MDICA7E5 910/80UI5H AND WAIVE RIGHT OF ACCESS. EASEMENT NOTES A AN EASEMENT SHOWN OR DEDICATED ON PM 9288/7.8.36/43 AND ON PM 7� 10891/18. 94/77-78 FOR, ROAD AND UTILITIES AND INCIDENTAL PURPOSES. L� EASEMENT FOTO DRAINAGE AND INCIDENTAL PURPOSES GRANTED TO CITY OF TEMECULA PER DOCUMENT RECORDED ON DECEMBER 8, 2006 AS INST. N0. 2006-0902886 O.R. RIV. CO. L , EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES GRANTED TO CITY OF TEMECULA PER DOCUMENT RECOF010 ON DECEMBER 8, 2006 AS INST. N0. 2006-0902887 0.0. 010 CO. 0 EASEMENT FOR SEWER TRANSMISSION AND COLLECTION FAC/LH7E0 INCIDENTAL PURPOSES AND INGRESS/EGRESS PURPOSES, GRANTED TO EASTERN MUNICIPAL WATER DISTRICT IN THE 00CUMENT RECORDED 1,109111 20 2013 AS INST. N0. 2013-0748026 0.04. RIV. CO. OS EASEMENT FOR SEWER UTILITIES AND INCIDENTAL PURPOSES AND INGRESS/EGRESS PURPOSES, DEDICATED HEREON 70 EASTERN MUNICIPAL WATER DISTRICT. EASEMENT FOR PUBLIC ACCESS PURPOSES FOR A CLASS I TRAIL, DEDICATED HEREON TO THE CITY OF 7EMECULA. 01081/010 801/1/80 ED., SET 807880 DETAIL "A" SCALE: 1"=20" -� JJ 00• N 8935'40" W 3841' PARCEL MAP 17923 PM 58/49 PARCEL. 4 738.36' 3330' [3335•) 644.95' -- FOUND I" I.P. OPEN, NO REF MON., --- ACCEPT AS SW 108 OF PARCEL 4 P8 58/49, HELD FOR NORTHERLY LINE, SET PLASTIC PLUG STAMPED /0 8710. 7R 36295 LOT 46 SURVEYORS NOTES, SURVEY PROCEDURE, INDEX MAP, EASEMENT NOTES AND ENVIRONMENTAL CONSTRAINT NOTE SEE 5...;T 2 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36295 BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP N0. 9288, AS SHOWN BY MAP ON FILE IN BOOK 36, PAGE 43 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND PARCELS 1, 2, 3, AND 4 TOGETHER WITH LETTERED LOTS C, 0, E, AND F OF PARCEL MAP N0. 10891, AS SHOWN BY MAP ON OLE IN BOOK 94, PAGES 77-78 OF PARCEL MAPS, RECORDS 01 RIVERSIDE COUNTY, CALIFORNIA. ACS CONSULTING INC. MARCH 2014 N89'35'4S'W 7.5636' INE AND CURVE DATA TABLE __E SHEET 6 70806 ' LUSH, w/T46 5.5. 4343 PEP P.M- 5E/49, ACCEPTED 80 SE. 100. 101 E. .5841 N80G21B"Y/ 4J35' ✓627302 4523' 64405' 46 "OPEN SPACE" 2.50 91460 Na1283.4 W 5833144'W 4 4588' CE 582'1636.5':25 1 0 j 5 1,' /•.• 1115 7176 o .^ 85'3326",,, 8%43 /✓ 20 Ruy 70463` f (PRIVATE STREET) ✓ 1 ` o / AB ZZO STREET %3 24 C' C J `v i \ 08 755"W 10453 9 \'/ h _ 5197 47, t`5 G1.--7- 5., /'27 2 NB257 ,,07264C',I 11y y 8(5 CI Ci7 \!! 2.22' 05/075 2^ '78 8' 4,1 1 2 v l 25 8.?c' 259d 7, ' _ 18=EI' ti .q.3705'.50 -1,Y 251_3/:__25. -N, 7✓79G4. 2� 2 1 /PpJ�gTE ST 93' 1 6.26. .,.40 Ai- V TR_ ro' to r. X15-'17 £57 3a 23 '0 22 } / 21 0 20 79 18 } i.-- 4'7,00;7, - EGO' ^ \ 0 �' S ye* ` 2 m Ia Cr 45G NY ,W S ZOCi'J89fr 407^E / ✓J85/255"W ' JO F P_ SS.1 � eoa. _ X 542 �3p0 ES L s40N 50 45 Tj S 3G^ `0 05 5495' 1 ] 25' / / 15 L7` 14 5, 11 4 59 P2 C8 C ' 46 ti5,(>j� 5v o"OPEN SPACE" NI5_490I9,0^ o ..., 2.50 ACRES 56853516) 3 R=27.5.00' 7 50 a Go> ..,.- ,2, � e 50803;2 R) ,"..5 cgs zisoo' SEE SHEET4 GRAPHIC SCALE ( 59 FEET ) I enc.. = 40 IL 8475' o F 455 A1D'9 or,. �t226D� 4?„ / 0 71 46, 40' ;OPEN SPACE" 47 256 3358 353, N6>, 42 790455 9, 5407 13 .5872457"W 5793' '145 o' .061292 N 7 :1864:1185 27 ,API N76'2' 23"9=R1 .<:‘‘c 26 25 SEE SHEET 4 24 I- 0 50550 i'16 1565 .— O o 1/2i.P. i1250, STAMPE& 4.1.6.2116 PER .58/40, AND Pm 04/77 z 55' 63 0 W CD Q 6) 0 63 aa W u- 00 W r 9- /C41 SHEET 3 05 6 SHEETS SURVEYORS NOTES, SURVEY PROCEDURE, INDEX MAP, EASEMENT NOTES AND ENVIRONMENTAL CONSTRAINT NOTE ` 9,6E7 2 J505 SEE SHEET 3 23 22 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36295 BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 9288, AS SHOWN BY MAP ON FILE IN BOOK 36, PAGE 43 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND PARCELS 1, 2, 3, AND 4 TOGETHER WITH LETTERED LOTS C. 0, E. AND F 00 PARCEL MAP N0. 10891. AS SHOWN BY MAP ON FILE IN BOOK 94, PAGES 77-78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ACS CONSULTING INC. MARCH 2014 21 20 19 18 /7 46 "OPEN SPACE" 7.50 ACRE 9685851 ET'& 2730✓ 5 m p 17 o • o 7/8203'455/ 7285 46.40' "OPEN SPACE" 470.03 \a. ACRES 5' 50803521/6.2 R=27700 ' - S�12/CSF FFi R<ac: o2:4:2-7 r9„ " hl C47 s �2/ ✓`�0o5 "r" 51 �„.,--%'81681.2,5,8'416 / B?/ "'%Ya. CB5 61.50'00 GB:Tjpc• 7J9 5, h 4-'5 088,6` 908777'757 , a 's> ��725p ��(R 34 488(2 s0, G 04'48 E(J .W ;�hcP CB 0 CI 0,0 13357 2 h h 9 3 ✓J(R) 8)4,, 4' 4:3 0 0 "d.-80 P) .� 88000' ▪ 5.3.4'06'47'.60R? • R=325.09^— 16 LINE AND CURVE DATA TABLE SEE S -EEE 8 SEE SHEET 3 15 14 13 SEE SHEET 5 - (000' U 0' 44 6, \ \ \ 50 ', "OPEN SPACE” '0.90" .ACRES FORNO 1" LP, 2598. STAMPED LS 7131 £7 SLE 323/79-37 CL (VTERSEC'SON JF CALE 947010074 AND 89003 LN 66,6„, 7560, x'$66. h a� `6Y \/ 4809' sem'; / tuh 41 5/30424 4//7 ti L 0 1-35110.18 66R = Q 4- O 0 25.90▪ ' / 39 Q /✓84 47'46"W 10076' 40 //8447'465/ 15 85'03"17"6 `8655' 2I` 38 GRAPHIC SCALE - a '7 00.10 ( IN FEET 7 inch = 0 (5 0' 46 3 ['7.0 1903. -331,%48N134.004 v o '0095 ., , I‘,- 4593' g.4`5 n 55.00' -64 N89'3600'W 2701 0 SHEET 4 OF 6 SHEETS 33 -' ro rrs'ra. h'870559`FY(P,) 576g. 4, 72/2. 083 58778621? 12627' 35 N895E74',V '0/894' '8572'40"£(R) X46'59588% 36 • 17.66' • 059 X895874"7/ 10266 37 N89'58'14'V '1054' X/57377'0 1830' 5767122TL 11.86' r5_5573' ?', rqE -- — 50 "OPEN SPACE" .0.98 ACRES SEE SHEET 5 / _53 • 9000' C.6 ACCESS '5 OPEN/NO 55' 0 0 0 0_ 0 BUTTERFIELD S 55' 55' 1 ,r SURVEYORS NOTES, SURVEY PROCEDURE, INDEX MAP, EASEMENT NOTES AND ENVIRONMENTAL CONSTRAINT NOTE _c_ 00050 2 SEE SHEET 4 24 42.5 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36295 BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 9288, AS SHOWN BY MAP ON FILE IN BOOK 36, PAGE 43 00 PARCEL MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND PARCELS 1, 2, 3, AND 4 TOGETHER WITH LETTERED LOTS C, D, E, AND F OF PARCEL MAP NO. 10891, AS SHOWN BY MAP ON FILE 0 BOOK 94, PAGES 77-78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ACS CONSULTING INC. MARCH 2014 \`\\s r8 \\ 46 2/C 50 "OPEN SPACE" 11.52 45445 DoE 88932127/ 4 —0:48 \ 8393282"fY 1098' N 25 / 50 DETAIL "B" SCALE =3C' 50 "OPEN SPACE" 10.98 ACRES 035 31' 1\ L\5 ,AA._ 3— 467 24070' 6504' - 4< 055-4 -(-4 84.4. l� 9027' 169 170 171 N 39'54'01' rr 929.71' 174 172 173 175 LINE AND CURVE DATA TABLE OL S -EE! 5 SEE SHEET 4 \ \\ \ \ \ _ 88583029828/24220- \ \ w \ \ 409.38' 80, 8,7 l� 811 -178 7 SHEET 5 OF 6 SHEETS /82 176 GRAPHIC SCALE 38471 176 N FEET ; Inch = 40 R. 177 222 7-- O 25 5C OF 55.00 0 O 10 w O en 0 -J Lu 10 Lu 7 --- co H co (34 SURVEYORS NOTES, SURVEY PROCEDURE, INDEX MAP. EASEMENT NOTES AND ENVIRONMENTAL CONSTRAINT NOTE 575 261777 2 CupV /14 Cl 72 39775 7 1 4 ZOO' 1 4700 1 711;5 ARC 285 1557145" 5 15.69 ' 792' 400558 3352 [ 17.39' 422921' 3485 1 1627' 3772051'29.82 500 0'. 800 00 soo.00 1 J5000'j 825 C 150350'1 0000011 ' 072207 0551'02' G7 7538' .0' 24'.12 1171 /5.07 021518" 71/ • .7.05 I 074504" 975.07f G 00 I _._295075' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36295 BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP N0. 9288, AS SHOWN BY MAP ON FILE IN BOOK 36, PAGE 43 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND PARCELS 1. 2, 3, AND 4 TOGETHER WITH LETTERED LOTS C, 0, E, AND F OF PARCEL MAP NO. 10891, AS SHOWN 8Y MAP ON FILE IN BOOK 94, PAGES 77-78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ACS CONSULTING INC. MARCH 2014 75696 0845 (C651'0.) 885150 ' 00114 897. 1 1-59 7.66 275.00' ' 074737 05" 16.04' C67 17580'1 765057 aa 49'1 45.271 1 7.68 . 30000 1537776 01.25' 4588'1 1 709 80.00'1 39'4023 553 { 28.869 3.91"C 3250 18'36"7 1 53" 53.23'1 40 566' L 525 00 05628 6208' , 31.13' j 1747 .7.'772 52500 073907 4345'] 176'1 8704'21.53' 1 7.73 .12sc•0 1. 140427 7984': 40;71 81.99' 4008' C74 325.00 05'4454' 32.50' : 1637 1 a 059 75 .12500! 087957 4726' 2567 .1162 5 r C76 3000 140426 /569 5203' I 7.7/ 2157. : 707073 7224 1 24.48 4932 4,1 •• ! 7.78 27000 0 '5''5 4071 956' 24,265 1 7.79 27500' 74'04277 6755' -, 51951 2352 77.76' I7.80 27500 0'49'5 9609" 4560' 2712 , 1021' 1 C81 27500'1 12410 6088' ! 30571 471%! 2359' 1 C82 275.001 0256.76" 1410'' 705'1 1307: E23' C83 50000'1 035870" 2078'' 7033 3410 1 1705' I 784 30000'1 0471'45' 21.97 70.99'1 4219 2 4"' 725 30009 027022 66'. 031 22.92 7157') 1 C87 8000'1 562905 50.94' 571 79.21' 95/1 ` 7.27 8200'' 3525.12' 50.8" 25.32" 0 _ '6 20 23 785 5900 1475 715 4_ i 2287 r C89 4909 1 0152464 127 7.2E 550000' 420171 47.00' [ 39[59'54' 0772'07' 97'58'25' 1785'; 592' 7545',,.- 4665' 3254' ! 1695' 4588''': 2569' 18 _ 45.96' 1 2298' 5/.26'''' 26.48' 3891 1571' 0771'24 1284' 1__ 643' 87 1 290557' 8929'. 45.63" 32000' 1 0626'07' 56.50'' 1527' 525.02' I 137057 7740' I 3888' 275.05 { a'5.,M 6277 3753' 29.98' 115.00' 95.92' 1 45.51 6806'!. 3311 175. CLI 05:;5 1.: .14.87 300.00 051892' 19.93' ' 9 97' 1 74 747575" 22 28" 77.66 IL 40 894 20471 2448 22 5, 2743 .72 1 14.54' I 727 8000 32;00 05 6'55 5575/ 505!'57 272097 2 59071 _..7183905 32500" 525.00', 01'07'46' 554'1 297 27.45' • 1076' 1535107 250' 1 175 316' 277 2.72' 152.86 5980 1 2069'1 8803' 1 4228'1 7.555 77 325001 08'0558' 45.94' 2207' 062392" 3624' 1014' 447777 56.40'' 19.17' 37200' 7968'' 7.7.0 f 57 X1.68 ' 1704' 7.611 770.00 30070 5256 I C62 1 700 00' 1 7.63 70000'' GE<1 75.00 i 77551, 27507 2007'08" 54.94! 1765" 100555" 1763'1 884' 150325" 7227' 36.34 0822'451 45271 2220.77 14.74': 241'( 462''1. 115E 0474 1/52 2420 (7.05735) 110. 8500.00 517057.1 . 51159271V 420 50423"54'// 654 :173507'38%/ 275'; _, 544''41777/ 241 75 1343035%/ 185 16 5845547'// '085 17 5293577"// 321 L8 5160312'W 345 !✓0 9688/50 0/57990 166 5585025"W 7547' 107 .5..87925 W 3036' (68 51575055', 6350' 159 5055507'E 1 4520' 770,5090/25'E 1 8835' 0215350702W 1 9562' 172 515.4674W 1 567' 175 004'45786 1 55.74 t5 55059'08"// 250' 1 174 L70 1/89097547 2574" N174178"W 1 1747' 175 5.697731"W 1743' t 1 1 979353177 20.87 1 1/6 5873202V 3232'W : 72326' 7.72 7510507// 255'1 177 A5727476 I 4379 '✓9927447//78 58922221Y i 2000' 114 117- -0 "- 179 360027376 : 6879" 715 554149441/ 242'! 180 88952325 2000' ,16 51477277/ 087! /81 5593222W ", 4379 47 558574.5"// 2062': 182 569312332"9/ /2325' L78 N5151'56'6 6.;54"' 133 - -OMIT- - ii9 5570..7' 306': 184 ,540747778/ '1. 3076 120 5565.77// 24.35=. 121 58733.1 // 2207 121 N0226772 300'; /23 55745'5277/ 17.61' 1 724 .58426"449 2058' (25 56978213// 1938' I 126 577'4618'W 24.23' 1 127 504'4577E 5597 515'4674'// 5203''' 029 :17'47'15351/ 5507'',1 682077"W '030229"// 45976 22 55'073 42.79''' 7.7 275 1574258 5 42' 136 .569'5225'/( 537 5513107'W 65.16'' 158 /5795724'EE 159 527'43'40"B 140 177075732%/ 58477'03'8 27.39'' 27.79'. 4539' 54.82 59943537/ 143 537'0208"£ 144 •N5737474 4618'1 745 11095739"5 54.06" 246 138:3727'// 29.98".. 74/ 519'40578 124257'1 148 517'47076 2009'1 149 5720327"E 7760'1 150 724'5772"w 13235.1 157 57825570 71.02' , 152 5895737W 3923'! 153 58957377/ 3194'!, 154 51955576 71.08' :58457.72 // 141.24 156 972'3321 157 . 63'46471 tib 717'40'10" 60 47352056 162 89'4353 7043 11.23' 1:784'' 3087' I 4622' 2525' 125 58477"03'// 5652 64 97075327/ 72/7.1 c67 15.5731'0i'4 97.00'1 SHEET 6 00 6 SHEETS Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: July 22, 2014 SUBJECT: Granting of Non -Exclusive Easement to Eastern Municipal Water District in connection with the installation of a Sewer Main within City Property located at Old Town Front Street and First Street PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer 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 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND EASTERN MUNICIPAL WATER DISTRICT IN CONNECTION WITH GRANT OF NON- EXCLUSIVE EASEMENT FOR EASTERN MUNICIPAL WATER DISTRICT'S OLD TOWN SEWER IMPROVEMENTS (ASSESSOR'S PARCEL NUMBER 922-100-031) 2. Authorize the City Manager to approve and execute any necessary documents, including the Form of Grant of Easement attached as Exhibit "D" to the Purchase and Sale Agreement, and to take all necessary actions to complete the grant of the non-exclusive easement to Eastern Municipal Water District, including without limitations, all escrow instructions. BACKGROUND: Eastern Municipal Water District ("EMWD") proposes to install a 15 -inch sewer main within the City's Old Town Front Street right-of-way to augment the capacity of the current sewer system in Old Town. According to EMWD, the current sewer pipe located within Old Town Front Street (between Moreno Drive and First Street) is approaching capacity and the proposed improvements are necessary to ensure adequate service and to accommodate anticipated future development within the Old Town area. EMWD will install the new sewer pipeline improvements using a "guided bore" tunneling method to minimize surface roadway disturbance and thus, minimize the impact to the businesses, community, and visitors of Old Town. Launching and receiving shafts will be temporarily located at each intersection along Old Town Front Street to allow for the below -ground tunneling operation. The proposed sewer main will be aligned north -south and located below the west sidewalk of Old Town Front Street. The shafts will be located just west of Old Town Front Street within the side streets to allow free-flow of traffic along Old Town Front Street. Although EMWD will construct most of the sewer pipe alignment within the City public right-of- way, an approximate 150 -foot section of the pipe alignment will be constructed under the City - owned property located at the northwesterly corner of Old Town Front Street and First Street identified as Riverside County Tax Assessor's Parcel Number 922-100-031 ("City parcel"). The City parcel is a portion of the City's south side parking lot, which is used for parking by the public and the Stampede. EMWD has offered to purchase a 50 -foot wide non-exclusive easement (approximately 2,857 square feet) on the City parcel for the installation, operation, and maintenance of the proposed pipeline. EMWD has confirmed that it will minimize the impact to the parking lot by installing the sewer pipeline improvements underground via the "guided bore" tunneling method discussed above. The proposed easement is depicted on Exhibits "A" and "B" which are attached to Grant of Easement. Attached Exhibit "C" shows the location of proposed easement in relation to the Stampede parking lot. EMWD extended a written offer to the City dated March 17, 2014, offering to purchase the 2,857 square foot non-exclusive easement for the sum of $27,150. This amount is based on recent valuation data received by the City in connection with the proposed purchase by the Riverside County Flood Control District ("District") of certain property interests from adjacent City -owned properties. This is also in connection with discussions between City staff and EMWD staff regarding the District's Murrieta Creek Flood Control Environmental Restoration and Recreation Project, Phase II, EMWD's project and their use of the "guided bore" tunneling method to minimize the impact to the City parcel, streets and Old Town, and discussions with an independent appraiser regarding the scope of the non-exclusive easement, its impact on the City parcel; and the City's continued rights in connection with the City parcel. Accordingly, EMWD has offered to purchase the sewer easement for $27,150, calculated as follows: 2,857 square feet @ $38.00 per square foot x 25% = $27,142 (rounded to $27,150). Staff recommends that the City Council take the actions set forth above. FISCAL IMPACT: EMWD will pay to the City the sum of $27,150 for its grant of the non-exclusive easement to EMWD. ATTACHMENTS: 1. Resolution 2. Purchase and Sale Agreement 3. Grant Easement 4. Exhibit "C" RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND EASTERN MUNICIPAL WATER DISTRICT IN CONNECTION WITH GRANT OF NON-EXCLUSIVE EASEMENT FOR EASTERN MUNICIPAL WATER DISTRICT'S OLD TOWN SEWER IMPROVEMENTS (ASSESSOR'S PARCEL NUMBER 922-100-031) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. Eastern Municipal Water District ("EMWD") proposes to install a 15 -inch diameter sewer main pipe and appurtenances within Old Town Front Street between Moreno Drive and First Street to augment the existing sewer system in Old Town, which is currently at near capacity ("EMWD Project"). B. EMWD will install the new sewer pipeline improvements for the EMWD Project using a "guided bore" tunneling method to minimize surface roadway disturbance and thus minimize the impact to the businesses, community and visitors of Old Town. Launching and receiving shafts will be temporarily located at each intersection along Old Town Front Street to allow for the below -ground tunneling operation. The proposed sewer main will be aligned north -south and located below the west sidewalk of Old Town Front Street. The shafts will be located just west of Old Town Front Street within the side streets to allow free-flow of traffic along Old Town Front Street. C. EMWD will construct most of the sewer pipe alignment within the City public right-of-way. To minimize the impact to Old Town, however, EMWD will construct an approximate 150 -foot section of the pipe alignment will be constructed under the City -owned property located at the northwesterly corner of Old Town Front Street and First Street identified as Riverside County Tax Assessor's Parcel Number 922-100-031 ("City Parcel"). The City Parcel is a portion of the City's south side parking lot, which is used for parking by the public and the Stampede. D. EMWD seeks to acquire an approximate 50 -foot wide (2,857 square foot) non-exclusive easement ("Subject Easement") on the City Parcel for the installation, operation and maintenance of the proposed pipeline. The Subject Easement is described more particularly on Exhibit "A" and depicted on the Exhibit "B" to the attached Purchase and Sale Agreement. E. On March 17, 2014, EMWD sent to the City a written offer to purchase the Subject Easement in connection with the EMWD Project. EMWD's offer was based on recent valuation data received by the City in connection with adjacent City -owned properties; discussions and negotiations between City staff and EMWD staff regarding EMWD's proposed acquisition of the Subject Easement for the EMWD Project; discussions with an independent appraiser regarding the scope of the non-exclusive easement and its impact on the City Parcel; and the City's continued rights in connection with the City Parcel. F. The City's grant of the Subject Easement to EMWD benefits the community. The EMWD Project will augment the existing sewer system in Old Town, which is currently at near capacity, and accommodate anticipated future development. EMWD will install and construct the new sewer pipeline improvements within the area of the Subject Easement by using a "guided bore" tunneling method to avoid any impact to the parking lot improvements located on the surface of the Subject Easement. EMWD will repair, at its sole cost and expense, any damage to the surface area of the Subject Easement or the City Parcel that arises in connection with EMWD's use or construction of the EMWD Project in the area of the Subject Easement. The City's grant of the Subject Easement does not impact the City's rights to, or use of, the City Parcel. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula approves that certain agreement entitled Purchase and Sale Agreement Between the City of Temecula and Eastern Municipal Water District in Connection with the Grant of a Non-exclusive Easement for Eastern Municipal Water District's Old Town Sewer Improvements (Assessor's Parcel Number 922-100-031) ("Agreement"), with such changes in the Agreement as may be mutually agreed upon between the City and EMWD as are in substantial conformance with the form of Agreement on file in the office of the City Clerk. The Mayor is hereby authorized to execute the Agreement on behalf of the City. A copy of the final Agreement, when executed by the Mayor, will be placed on file in the office of the City Clerk. 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 Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, approval and execution on behalf of the City of the Grant of Easement and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement and to effectuate the grant of the Subject Easement contemplated therein, including but not limited to escrow instructions and related documents if the City and EMWD determine an escrow is necessary to effect the transfer of the Subject Easement contemplated by the Agreement. Section 4. 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 22nd day of July, 2014. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 22nd day of July, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND EASTERN MUNICIPAL WATER DISTRICT IN CONNECTION WITH GRANT OF NON-EXCLUSIVE EASEMENT FOR EASTERN MUNICIPAL WATER DISTRICT'S OLD TOWN SEWER IMPROVEMENTS (ASSESSOR'S PARCEL NUMBER 922- 100-031) This Purchase and Sale Agreement in Connection with Grant of Non -Exclusive Easement for Eastern Municipal Water District's Old Town Sewer Improvements (Assessor's Parcel Number 922-100-031) is dated and entered into as of July 2 2 , 2014 ("Effective Date") by and between EASTERN MUNICIPAL WATER DISTRICT ("EMWD") and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes an agreement to purchase and sell certain real property interests between the parties. RECITALS A. EMWD seeks to purchase from the City an approximate 2,857 square foot non- exclusive easement on the City -owned property identified as Riverside County Tax Assessor's Parcel Number 922-100-031 ("City Parcel") in connection with EMWD's proposed Old Town Sewer Improvements ("EMWD Project"). The approximate 2,857 square foot non-exclusive easement ("Subject Easement") is more particularly described on Exhibit "A" and depicted on Exhibit "B" to this Agreement, which are incorporated herein by this reference. The City Parcel is roughly depicted on Exhibit "C" to this Agreement, which is incorporated herein by this reference. B. On March 17, 2014, EMWD sent to the City a written offer to purchase the Subject Easement in connection with the EMWD Project. EMWD's offer was based on recent valuation data received by the City in connection with adjacent City -owned properties; discussions and negotiations between City staff and EMWD staff regarding EMWD's proposed acquisition of the Subject Easement for the EMWD Project; discussions with an independent appraiser regarding the scope of the non-exclusive easement and its impact on the City Parcel; and the City's continued rights in connection with the City Parcel. C. The EMWD Project would install a 15 -inch sewer main within the City's Old Town Front Street right-of-way to augment the capacity of the current sewer system in Old Town. According to EMWD, the current sewer pipe located within Old Town Front Street (between Moreno Drive and First Street) is approaching capacity and the proposed improvements are necessary to ensure adequate service and to accommodate anticipated future development within the Old Town area. EMWD will install the new sewer pipeline improvements using a "guided boring" tunneling method to minimize surface roadway disturbance and thus minimize the impact to the businesses, community and visitors of Old Town. The launching and receiving shafts will be temporarily located at each intersection along Old Town Front Street to allow for the below -ground tunneling operation. The proposed sewer main will be aligned north -south and located below the west sidewalk of Old Town Front Street. D. The City desires to sell, and EMWD desires to buy, the Subject Easement on the terms and conditions set forth herein. 11086-000411714171v1.doc NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and EMWD agree to the following: 1. Purchase and Sale. The City agrees to sell the Subject Easement to EMWD and EMWD agrees to purchase the Subject Easement from the City on the terms and conditions set forth in this Agreement. 2. Purchase Price. The total purchase price that EMWD will pay to the City for the Subject Easement is the sum of $27,150.00 ("Purchase Price"). 3. Title and Title Insurance. a. EMWD's Election to Obtain a Policy of Title Insurance. EMWD may, at its sole discretion, require that a title company of its choice ("Title Company") issue a CLTA Owner's Standard Coverage Policy of Title Insurance that insures EMWD's easement interest in the Subject Easement in the amount of the Purchase Price ("Policy"). Within 15 calendar days of the Effective Date, EMWD will notify the City in writing of its election to obtain the Policy. If EMWD elects to obtain the Policy, the Title Company will provide to the City and EMWD copies of all instruments identified as exceptions on said title commitment. EMWD will pay for all costs relating to the Policy. b. Policy Subject to Permitted Title Exceptions. The Policy provided for pursuant to Section 3.a. will insure EMWD's easement interest in the Subject Easement free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Subject Easement. iii. Quasi -public utility, public utility, public alley, public street easements, and rights of way of record. iv. Those non -monetary exceptions approved by EMWD within ten business days after the date EMWD receives the title commitment and legible copies of all instruments noted as exceptions therein. (1) Unconditional Disapproval of Exceptions. EMWD will notify the City in writing of its unconditional disapproval of any such exceptions within ten business days after the date EMWD receives the title commitment and legible copies of all instruments noted as exceptions therein. If EMWD unconditionally disapproves any such exceptions, this Agreement will have no further force or effect. -2- 11086-0004\ 1714171 v 1. doc (2) Conditional Disapproval of Exceptions. EMWD will notify the City in writing of its conditional disapproval of any such exceptions within ten business days after the date EMWD receives the title commitment and legible copies of all instruments noted as exceptions therein. If EMWD conditionally disapproves any such exceptions, the City will use its best efforts to cause the exceptions to be removed within 30 calendar days of receipt of a written request by EMWD to remove such exceptions. If such conditionally disapproved non -monetary exceptions are not removed within such 30 -calendar day period, EMWD may, at EMWD's option, either accept the Subject Easement subject to such encumbrances, or terminate the Agreement in which case this Agreement will thereupon be of no further force or effect. c. Election Not to Obtain the Policy. EMWD's failure to provide written notice to the City of its election to obtain the Policy as provided in Section 3.a. will be deemed a decision by EMWD to not obtain the Policy. In such cases, the parties agree that they will proceed with the transaction contemplated by this Agreement. 4. Due Diligence Period and Right of Entry and Access. a. Due Diligence Period. During the period commencing on the Effective Date ("commencement date") and ending at 5:00 p.m. 30 calendar days after said commencement date ("Due Diligence Period"), EMWD may inspect the Subject Easement as necessary for the purpose of making inspections and other examinations of the Subject Easement, including, but not limited to, the right to perform soil and geological tests of the Subject Easement and an environmental site assessment thereof ("Due Diligence Activities"). EMWD will notify the City in writing 24 -hours before going on the Subject Easement. EMWD will conduct the Due Diligence Activities in connection with the Subject Easement during normal business hours. EMWD will not conduct any invasive testing or boring without the prior written notification of the City and City's written permission of the same, which permission shall not be unreasonably withheld. b. Right of Entry and Indemnification. EMWD does hereby indemnify and forever save the City, its officials, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Subject Easement as a result of any accident or other occurrence at the Subject Easement that is in any way connected with EMWD's Due Diligence Activities on the Subject Easement pursuant to this Section. If EMWD fails to acquire the Subject Easement due to EMWD's default, EMWD's right to enter the Subject Easement in connection with the Due Diligence Activities will terminate upon the termination of EMWD's right to purchase the Subject Easement. In such event, EMWD will remove or cause to be removed all of EMWD's personal property, facilities, tools and equipment from the Subject Easement. If EMWD does not remove all of EMWD's personal property, facilities, tools and equipment from the Subject Easement within ten business days of the date that EMWD's right to enter the Subject Easement terminates under this Section, the City has the right to remove said personal property, facilities, tools and equipment from the Subject Easement. EMWD is responsible for all reasonable costs incurred by the City in any such removal by the City of EMWD's personal property, facilities, tools and equipment from the Subject Easement. In the -3- 11086-0004\1714171v 1.doc event the Subject Easement area is altered or disturbed in any manner in connection with EMWD's Due Diligence Activities, EMWD shall immediately return the Subject Easement area to the condition existing prior to the Due Diligence Activities and EMWD, to the maximum extent allowed by law, shall indemnify, defend and hold the City harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, reasonable attorneys' fees and expenses and court costs) suffered, incurred or sustained by the City as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by EMWD on the Subject Easement. 5. Deposit of Grant of Easement and Purchase Price. a. Notification by EMWD of Decision to Purchase Subject Easement, EMWD will notify the City in writing within five business days of its decision to proceed with the purchase of the Subject Easement after making the election regarding the Policy pursuant to Section 3 and approval of the purchase after (i) EMWD's completion of the Due Diligence Activities discussed above in Section 4 or (ii) EMWD's election not to complete any Due Diligence Activities. b. Deposit of Grant of Easement by the City. Within five business days of receipt from EMWD of EMWD's written decision to proceed with the purchase of the Subject Easement pursuant to Section 5.a. above, the City will execute and deposit with EMWD the fully executed Grant of Easement in substantially the form attached as Exhibit "D" hereto. c. Deposit of Purchase Price by EMWD. Within five business days of receipt from the City of the executed Grant of Easement, EMWD will deposit the Purchase Price with the City as the total compensation for the Grant of Easement. 6. Fees, Charges and Costs. EMWD will pay all of the customary recording fees, escrow fees if the parties determine an escrow is necessary to effect the transfer of the Grant of Easement, fees for the Policy, and all charges and costs that arise in connection with this transaction. 7. Authorization to Record Grant of Easement. EMWD is authorized to record the Grant of Easement as soon as it delivers to the City the Purchase Price for the Subject Easement. 8. Warranties and Representation of the City. a. The City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. The City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. c. The City represents and warrants that to the best of the City's knowledge, there are no actions, suits, material claims, legal proceedings or any other -4- 11086-0004\1714171v1.doc proceedings affecting the Subject Easement or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. d. The City represents and warrants that it did not use, generate, release, discharge, store or dispose of any hazardous waste, toxic substances or related materials on, or under, in or about the Subject Easement or transport any Hazardous Materials to or from the Subject Easement and that it shall not use, generate, release, discharge, store or dispose of any hazardous waste, toxic substances or related materials on, or under, in or about the Subject Easement prior to the submittal of the executed Grant of Easement to EMWD. The term "Hazardous Materials" shall mean any substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under sections 25115, 25117 or 25122.7 or listed pursuant to section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous material", "hazardous substance" or "hazardous waste" under section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iii) defined as "hazardous substance" under section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (iv) petroleum, (v) asbestos, (vi) polychlorinated biphenyls, (vii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii) designated as a "hazardous substances" pursuant to section 311 of the Clean Water Act, (33 U.S.C. §1317), (ix) defined as a "hazardous waste" pursuant to section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or (x) defined as a "hazardous substances" pursuant to section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42, U.S.C. §9601 et seq. (42 U.S.C. §9601). e. The City represents that to the best of the City's knowledge, the Subject Easement is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements. f. The City represents and warrants that until the date it submits the executed Grant of Easement to EMWD, the City will, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 8 not to be true as of the date the City submits the executed Grant of Easement to EMWD, immediately give written notice of such fact or condition to EMWD. 9. Representations and Warranties of EMWD. EMWD hereby represents and warrants to the City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the date of recording of the Grant of Easement in the Official Records of the County of Riverside and shall survive said recording date. a. EMWD has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. -5- 11086-0004\1714171v1 doc b. EMWD has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. 10. Construction of EMWD Project. EMWD will install and construct the new sewer pipeline improvements within the area of the Subject Easement by using a "guided boring" tunneling method to avoid any impact to the parking lot improvements located on the surface of the Subject Easement. EMWD will repair, at its sole cost and expense, any damage to the surface area of the Subject Easement or the City Parcel that arises in connection with EMWD's construction, use and maintenance of the EMWD Project in the area of the Subject Easement. 11. Releases. The City and EMWD acknowledge and agree as follows: a. EMWD has had, or will have adequate opportunity to complete all physical and financial inspections, investigations and examinations of the Subject Easement that it deems necessary and will be acquiring the Subject Easement solely on the basis of, and in reliance upon, the same and the protection afforded by (i) the Policy if it elects to obtain the Policy pursuant to Section 3.a. and/or (ii) its opportunity to conduct the Due Diligence Activities pursuant to Section 4. b. Subject to the representations and warranties set forth in Section 8 and the disclaimer of EMWD provided within this Section 11, EMWD is purchasing the Subject Easement on an "AS IS, WHERE IS" BASIS." Except for the representations and warranties set forth in Section 8.d. regarding the City's own use of the Subject Easement, EMWD is not relying on and the City has not made any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the Subject Easement. Further, EMWD is not relying on, and the City has not made and is not making any representations or warranties of any kind or character whatsoever with respect to the environmental, soils, seismic or geotechnical condition of the Subject Easement based on the use of the Subject Easement by any previous owner or occupant, including any use, generation, release, discharge, storage, or disposal of any hazardous waste, toxic substances or related materials on, under, in or about the Subject Easement or transportation of any hazardous materials to or from the Subject Easement by any previous seller or occupant of the Subject Easement. 12. EMWD's Full Payment of Purchase Price and Waiver of Additional Compensation by City. It is understood and agreed between the City and EMWD that subject to Section 10, EMWD's payment to the City of the Purchase Price is an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for EMWD's acquisition of the Subject Easement. Said Total Compensation relieves EMWD of any further obligations or claims for compensation in connection with EMWD's acquisition of the Subject Easement for the construction of the EMWD Project, in the manner proposed. This waiver by the City of claims for further compensation in connection with EMWD's acquisition of the Subject Easement does not extend to and is not intended to extend to claims related to or alleged to arise out of the negligence on the part of the EMWD, its agents or contractors, in connection with the physical construction of the EMWD Project, as planned and designed. 13. Right of Termination. Notwithstanding anything to the contrary contained -6- 11086-0004\ 1714171 v 1. doc herein, and without limiting any other right of termination for the benefit of EMWD contained herein, the EMWD shall have the right, in the exercise of its sole and absolute discretion and upon written notice to the City to terminate this Agreement (a) at any time prior to the expiration of the Due Diligence Period for any reason or no reason whatsoever, and (b) if it determines not to acquire the Subject Easement pursuant to Section 3. 14. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $27,150 or any inference of per square foot value of the Subject Easement based on said Purchase Price will not be admissible as evidence of the fair market value of the City Parcel, Subject Easement or any portion thereof, in any eminent domain or other proceeding or litigation concerning the City Parcel, Subject Easement or any portion thereof. 15. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. 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 an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below or as may be amended by written notice: 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 EMWD: Eastern Municipal Water District 2270 Trumble Road Perris, California 92570 Attention: Corinne Galloway, SR/WA, R/W-NAC COPY TO: 16. Miscellaneous. a. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement, including escrow -7- 11086-0004\1714171v1.doc instructions and related documents if the parties determine an escrow is necessary to effect the transaction contemplated by this Agreement. b. Amendments. Any amendments to this Agreement will be effective only when duly executed by both EMWD and the City. c. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. d. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between EMWD and the City on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof EMWD and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on EMWD or the City. e. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. f. Time of Essence. The parties acknowledge that time is of the essence in this Agreement. g. Counterparts and Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. h. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. i. Interpretation and Construction. 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 this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for -8- 11086-0004\1714171v1.doc convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. j. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. k. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 1. Exhibits. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein. IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. [Signatures on Next Page] -9- 11086-0004\ 1714171 v 1. d oc BUYER EASTERN MUNICIPAL WATER DISTRICT, a public agency of the State of California Dated: ATTEST: (ti"2-411 Rosemarie V. I oward, Secreta" ©f the Eastern Municipal Water District and the Board of Directors thereof 11086-0004\1714171v1.doc By: Paul D. Jo es II, P.E. General Fanager -10- SELLER CITY OF TEMECULA, a municipal corporation Dated: ATTEST: Randi Johl-Olson, JD, MMC City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney 11086-0004\1714171v1 doc By: Maryann Edwards, Mayor -11- RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Eastern Municipal Water District P.O. Box 8300 Perris, CA 92572-8300 Attn: Right of Way Department This Document Must Be Signed in Presence of Notary & Notarized. APN: 922-100-031 W.O.: 12839 RB- 5682 No Recording Fee Required Pursuant to Govemment Code Section 27383 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TEMECULA, A GENERAL LAW CITY, (hereinafter referred to as "Grantor") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a public agency of the State of Califomia, its successors and assigns (hereinafter referred to as "Grantee") a perpetual non- exclusive easement and right of way to construct, enlarge, reconstruct, remove and replace, operate, inspect, maintain, repair, improve and relocate, sewage transmission and collection facilities, including, but not limited to, gravity pipelines, pressure pipelines, manholes, connections, and appurtenant equipment for the collection and transmission of sewage, in, on, over, under, upon, along, through and across the property hereinafter described, together with reasonable right of access to and from said easement for the purpose of exercising the rights granted in said easement. Said easement shall be in, under, over and across that certain property situated in the County of Riverside, State of Califomia, described as follows: (SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include: (a) The temporary use of such adjacent land of Grantor as is necessary to install the facilities provided for under the term of the easement granted herein: and (b) The right to enter upon and pass and repass over and along said strip or strips of land, and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and employees, and by persons under contract to construct said pipeline or pipelines, and their employees, whenever and wherever necessary for the purpose of exercising the rights herein granted. Grantor retains the right to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agrees that no trees shall be planted thereon and no buildings or other structures of any kind will be placed, constructed or maintained over the real property described herein. Any work by Grantor, or any one working through or under Grantor, affecting the surface or subsurface of the ground subject to this easement shall be performed only after giving written notice by certified mail, postage paid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail. Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work and is subject to approval by Grantee. Form: SEWER Page 1 of 3 It is understood that the permanent easements and the rights of way above described shall be acquired subject to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property within the boundaries of such easements and rights of way. It is also understood that the permanent easements and rights of way above described are subject to any encumbrances and easements of record as of the date of execution of this Grant of Easement. It is further understood that any use of the surface rights by Grantor, and Grantor's successors, heirs and assigns, shall be deemed a continuing permissive use allowed by Grantee, its successors, heirs and assigns, and each successor -in -interest of the Grantor, by acceptance of a conveyance of said property or interest therein admits and agrees that any such use is a continuing permissive use. It is understood that each and every right and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood and agreed that this Grant of Easement shall not be construed as a Grant of Fee Title. Grantee, its successors and assigns, shall restore, or cause to be restored, the surface or subsurface of the real property hereinabove described to the condition said property was in as of the time of performance of any enlargement, construction, reconstruction, removal and replacement, operation, inspection, maintenance, repair, improvement and relocation, and such restoration shall be performed with due diligence and dispatch. IN WITNESS WHEREOF, this instrument has been executed this day of 20 . GRANTOR: CITY OF TEMECULA, A GENERAL LAW CITY DATE BY DATE: BY: (TYPE OR PRINT NAME & TITLE) (TYPE OR PRINT NAME & TITLE) Form: SEWER Page 2 of 3 ACKNOWLEDGMENT State of California County of On before me, (here insert name and title of the officer) 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. Signature (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant of Easement dated , 20_ from: CITY OF TEMECULA, A GENERAL LAW CITY to the EASTERN MUNICIPAL WATER DISTRICT, a public agency of the State of Califomia, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. EASTERN MUNICIPAL WATER DISTRICT DATE: BY Rosemarie V. Howard, Secretary Of the Eastern Municipal Water District And the Board of Directors thereof (SEAL) Form: SEWER Page 3 of 3 EXHIBIT "A" EASTERN MUNICIPAL WATER DISTRICT SEWER EASEMENT W.O. 12839 APN: 922-100-031 GRANTOR: CITY OF TEMECULA, A GENERAL LAW CITY LEGAL DESCRIPTION THAT PORTION OF PARCEL 1 AND OF LOT "C" OF PARCEL MAP 7674, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF FILED IN BOOK 86 OF PARCEL MAPS AT PAGES 50 AND 51, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 40.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 45°29'34" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT "C" THROUGH A CENTRAL ANGLE OF 46°26'25", AN ARC DISTANCE OF 32.42 FEET; THENCE LEAVING SAID NORTHERLY LINE AND NON -TANGENT FROM SAID CURVE, SOUTH 22°28'31" WEST 73.96 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED AS "PARCEL C" IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED MAY 8, 1998 AS INSTRUMENT NO. 182245 IN THE OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE SOUTH 79°18'52" WEST 33.55 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 327.00 FEET; THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 06°08'32" AN ARC DISTANCE OF 35.06 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 1, BEING THE CUSP OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 58°34'54" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID NORTHWESTERLY LINE THROUGH A CENTRAL ANGLE OF 13°05'20" AN ARC DISTANCE OF 22.84 FEET; Page 1 of 2 EMWD EXHIBIT °A": SEWER EASEMENT APN: 922-100-031 THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 44°30'26" EAST 74.28 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS APPROXIMATELY 2857 SQUARE FEET. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. r E. Gonzalez P.L.S. 7692 vf-lc.-2, 14 -- CK Page 2 of 2 LS 7692 EXP. 'Z-3 1 tri N MNI O PROPERTY DESCRIPTION V 7918'52" W tn S 7918'52" w c0/400-44 cc z np W c, } , V� cl Cr -E. O z a >yw 0 1- 0 J 0:11 RIP 0 —rhe 1 n I. ti a8 ilton � 'EL to RS 112/23 a H J ▪ u S' Z S W f g W W< D O I— Z IX L ) > A u W 4 APPROVED City :+PN 922-100-031 Exhibit "C" City APN 922-100-031 The City parcel consists of Lot C & Lot 1 as highlighted. The EMWD legal description and plat (Exhibits A & 8) must include both Lots. GIS Sq. Ft. = 3100 +/- A.E. Gonzalez, PLS 7692 EMWD Right of Way Program Manager http://arcprod l/aspnet_client/ESRl/WebADF/PrintTaskLayoutFemplates/default.htm[11/6/2013 3:03:24 PM] Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: July 22, 2014 SUBJECT: Award a Construction Contract for the Citywide Slurry Seal Fiscal Year 2014-15, PW 14-06 PREPARED BY: Avlin Odviar, Senior Engineer- CIP Kendra Hannah-Meistrell, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Award a Construction Contract to American Asphalt South, Inc., in the amount of $920,852.48, for the Citywide Slurry Seal Fiscal Year 2014-15, PW 14-06; 2. Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $138,127.87, which is equal to 15% of the contract amount; 3. Make a finding that the Citywide Slurry Seal Fiscal Year 2014-15 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On June 10, 2014, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06. The Citywide Slurry Seal Fiscal Year 2014-15 project is an annual project that will utilize slurry to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. Ideally slurry seal is applied every five to seven years as it prolongs pavement life thereby delaying more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Construction involves roadway preparation by removal of existing striping and pavement markings, cleaning the roadway surface and sealing cracks. This is followed by application of slurry seal and subsequent restoration of striping and pavement markings. The streets to be sealed with this project include Vail Ranch Parkway, Redhawk Parkway and portions of the Vintage Hills, Rancho Highlands, and Vail Ranch neighborhoods. Three bids were received and publicly opened on Thursday, July 10, 2014. The results were as follows: 1. American Asphalt South, Inc. $ 920,852.48 2. Pavement Coatings Co. $1,032,278.92 3. All American Asphalt $1,338,763.16 Staff has reviewed the bid proposals and found American Asphalt South, Inc. of Fontana, California to be the lowest responsible bidder for this project. American Asphalt South, Inc. has public contracting experience and has completed similar projects for the City and other public agencies in Southern California. The Engineer's Estimate for the project was $974,000. The project specifications allow for 60 working days, which is an approximate duration of three months. Since the amount of the lowest bid is 5% lower than the engineer's estimate, staff is requesting the authorization of a 15% contingency to include more streets in need of slurry seal work. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Citywide Slurry Seal Fiscal Year 2014-15 project is exempt from MSHCP fees because it is funded by Measure A. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2014-15 Measure A Fund Operating Budget for the Contract amount of $920,852.48, plus the 15% contingency amount of $138,127.87, for a total encumbrance of $1,058,980.35. ATTACHMENTS: 1. Contract 2. Slurry Seal Street List 3. Location Maps CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15 PROJECT NO. PW14-06 THIS CONTRACT, made and entered into the 22nd day of July, 2014 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and American Asphalt South, Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PROJECT NO. PW14-06, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PROJECT NO. PW14-06. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PROJECT NO. PW14-06. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PROJECT NO. PW14-06 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: NINE HUNDRED TWENTY THOUSAND EIGHT HUNDRED FIFTY TWO DOLLARS AND FORTY EIGHT CENTS ($920,852.48), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 60 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. B. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95 percent of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. CONTRACT C-2 C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, CONTRACT C-3 Temecula Community Services District, and/or successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. The Contractor shall defend and indemnify (including the appointment of competent defense counsel) the City from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the Contractor. 12. GRATUITIES. Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and CONTRACT C-4 convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor/Consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Thomas W. Garcia, PE Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 CONTRACT C-5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: ATTEST: Randi Johl-Olson, JD, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney DB CONTRACTOR: American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 (909) 427-8276 By: Jeff Petty Vice President By: Lyle Stone Secretary (Signatures of two corporate officers required for Corporations) CITY OF TEMECULA By: Maryann Edwards, Mayor CONTRACT C-6 CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PW14-06 AREA 1 - VINTAGE HILLS TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) CALLE JABILI 142 40 5,680 CALLE RESACA 2,554 36 91,944 CAMINO MAREA 2,750 36 99,000 CORTE AMALIA 258 36 9,288 CORTE BALBOA 196 36 7,056 CORTE CHATADA 404 32 12,928 CORTE CORONADO 898 32 28,736 CORTE HIGUERA 413 36 14,868 CORTE LA PUENTA 921 36 33,156 CORTE LAS CRUCES 883 32 28,256 CORTE PERGAMINO 686 36 24,696 CORTE SAN VICENTE 697 32 22,304 CORTE SANTA CATALINA 786 32 25,152 CORTE SEDA 448 36 16,128 CORTE SOLEDAD 1,194 36 42,984 VIA ASTURIAS 284 36 10,224 VIA TORENO 379 40 15,160 VINTAGE HILLS DR 220 40 8,800 TOTAL AREA 2 - VINTAGE HILLS 496,360 TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) CAMINO CASANA 1,449 36 52,164 CAMINO DE LA TORRE 898 36 32,328 CAMINO MERANO 1,061 36 38,196 CAMINO NUNEZ 1,906 36 68,616 CAMINO SENECO 1,207 36 43,452 CORTE BACARRO 531 36 19,116 CORTE CAMARA 393 32 12,576 CORTE CANEL 625 36 22,500 CORTE CARMELA 1,159 32 37,088 CORTE DEL CERRO 800 36 28,800 CORTE FLORECITA 1,311 36 47,196 CORTE LARA 668 32 21,376 CORTE MONTIA 222 32 7,104 CORTE PALACIO 845 32 27,040 CORTE PARADO 1,833 36 65,988 CORTE VALENTINE 867 32 27,744 CORTE ZAMORA 1,017 32 32,544 VIA BALDERAMA 703 36 25,308 VIA REINA 393 36 14,148 VIA TORRES 181 40 7,240 VIA VASQUEZ 842 36 30,312 VIA VISTANA 258 40 10,320 TOTAL EXHIBIT "C" - LIST OF STREETS 671,156 C-2 CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PW14-06 AREA 3 - VINTAGE HILLS TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) CAMINO ROMO 1,298 40 51,920 CORTE CASTRO 682 32 21,824 CORTE MENDOZA 1,102 32 35,264 CORTE RUIZ 521 32 16,672 CORTE VILLOSA 1,445 40 57,800 VIA AZALEA 274 32 8,768 TOTAL AREA 4 - RANCHO HIGHLANDS 192,248 TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) HIGHLANDER DR 467 36 16,812 HIGHLANDER DR 614 32 19,648 NORTHGATE AV 1,316 36 47,376 QUIET MEADOW RD 868 36 31,248 SHELDON CT 213 28 5,964 TOTAL AREA 5 - VAIL RANCH 121,048 TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) AKES PASS 467 36 16,812 BANANAL WY 1,663 36 59,868 CERVIN CIR 494 36 17,784 CUTCHOGUE DR 139 36 5,004 ENRIQUETA CIR 345 36 12,420 HAFIZ PASS 164 36 5,904 HISLOP WY 1,813 36 65,268 HUPP DR 784 36 28,224 KIT CT 537 36 19,332 LINALOU RANCH RD 1,140 36 41,040 MARZI CT 698 36 25,128 NICLYN DR 158 36 5,688 OVERLAND TR 2,838 40 113,520 POTESTAS DR 1,116 36 40,176 STRIGEL CT 1,039 36 37,404 TOTAL EXHIBIT "C - LIST OF STREETS 493,572 C-3 CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PW14-06 AREA 6 - VAIL RANCH TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) ALIGHCHI WY 582 36 20,952 BOGUTA WY 327 36 11,772 CAYENNE TR 843 36 30,348 LAURIANO DR 330 36 11,880 PASCUAL CIR 247 36 8,892 ROMERO DR 912 36 32,832 ROSSMAN CIR 605 36 21,780 SAMILIN CIR 257 36 9,252 SASKIA PASS 609 36 21,924 SILKY PASS 134 36 4,824 SUNBEAM TR 134 36 4,824 TERZICH DR 128 36 4,608 TULLEY RANCH RD 2,216 36 79,776 TOTAL AREA 7 - VAIL RANCH 263,664 TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) AVENIDA BICICLETA 1,071 36 38,556 BRENTWOOD PL 676 32 21,632 BRICE CIR 211 36 7,596 CALLE BANUELOS 1,206 36 43,416 CALLE CANTU 1,219 36 43,884 CALLE LANGARICA 772 36 27,792 CALLE LOPEZ 304 36 10,944 CAMINO GONZALES 1,004 36 36,144 CAMINO HERNANDEZ 505 36 18,180 CAMINO PIEDRA ROJO 1,068 36 38,448 CAMINO PIEDRA ROJO 1,504 40 60,160 CORTE GUTIERREZ 1,174 36 42,264 CORTE RODRIGUEZ 640 36 23,040 CORTE SANCHEZ 1,192 36 42,912 CRESTWOOD CIR 144 28 4,032 JAMIN CIR 421 36 15,156 JOHNSTON DR 1,455 36 52,380 MAPLEWOOD CT 619 32 19,808 PAROWN DR 296 36 10,656 ROSEWOOD CIR 662 32 21,184 TOBIAS CIR 432 36 15,552 WELTON WY 195 36 7,020 TOTAL 600,756 EXHIBIT "C" - LIST OF STREETS C-4 CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PW14-06 AREA 8 - VAIL RANCH TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) CINON DR 807 36 29,052 CUPA LN 587 36 21,132 FERN CIR 619 36 22,284 FREESIA WY 1,230 36 44,280 GAROLI PASS 1,119 36 40,284 GRADO CIR 270 36 9,720 HUPA DR 1,939 36 69,804 JOSHEROO CT 726 36 26,136 KARIE WY 322 36 11,592 LEVI CT 1,093 36 39,348 MACHON RD 775 36 27,900 REGINA DR 446 36 16,056 REGINA DR 1,525 40 61,000 RHIANNON WY 390 36 14,040 SHALE CIR 329 36 11,844 SOTELO DR 1,526 36 54,936 TIBURCIO DR 217 36 7,812 VALENTINO WY 2,265 36 81,540 TOTAL AREA 9 - VAIL RANCH 588,760 TYPE I SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) AVITA CIR 324 36 11,664 CALLE ALFREDO 544 32 17,408 CALLE HILARIO 804 36 28,944 CALLE MIRA COPA 565 36 20,340 CAMINO ALAMOSA 1,438 36 51,768 CAMINO MARACA 428 36 15,408 CAMINO OTILIA 170 36 6,120 CAMINO RUBANO 1,059 36 38,124 CORTE CANARIO 344 36 12,384 CORTE GANSO 193 40 7,720 HARMONY LN 1,105 36 39,780 HARMONY LN 358 40 14,320 KABIAN CT 199 36 7,164 LABETA CIR 328 36 11,808 LORRAINE DR 1,481 28 41,468 MARGE PL 1,560 36 56,160 MELISSA CIR 409 36 14,724 MILL RUN CT 591 32 18,912 PRIS LN 652 36 23,472 SAWYERS RUN RD 295 32 9,440 SHAYNNA CIR 306 36 11,016 TEHACHAPI PASS 598 36 21,528 TEHACHAPI PASS 1,658 40 66,320 TERRACE DR 1,426 40 57,040 THATCHER CT 241 36 8,676 TOTAL EXHIBIT "C" - LIST OF STREETS 611,708 C-5 CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PW14-06 AREA 10 - VAIL RANCH PKY/REDHAWK PKY TYPE II SLURRY SEAL STREET NAME LENGTH (LF) WIDTH (LF) PAVED AREA (SF) VAIL RANCH PKY 4,576 60 274,560 VAIL RANCH PI<Y 2,922 72 210,384 VAIL RANCH PKY 1,029 82 84,378 REDHAWK PKY 6,511 60 390,660 REDHAWK PKY 4,362 72 314,064 REDHAWK PKY 1,497 82 122,754 REDHAWK PKY 649 98 63,602 TOTAL 1,460,402 EXHIBIT "C" - LIST OF STREETS C-6 Area 1 - Vintage Hills C CORTE LAS CRUCES City Type I Slurry Seal Street 410 205 0 410 Feet lgislarcmap projectslpublic works1Skrry Kendra bp 2014-2015.mxd Max 3, 2014 POSITS GO CAMINO MARFA 0 m m Area 2 - Vintage Hills 1y f • 2 L I City Type I Slurry Seal Street 400 200 0 400 Feet dgislarcmep projectslpublic works\Slurry Kendra bp 2014-2015.mzd Ma 3, 201 vP city Type I Slurry Seal Street 300 150 0 300 Feet rlgislarcmap proieclslpublic works6Slumy Kendra bp 2014-2015 mod ,r May 3. 2014 c: Area 3 - Vintage Hills TE FLORECITA CAMINO NUNEZ P �MONP GO�j�CP J SANTIAGO - NORTHGATEAVc . Area 4 - Rancho Highlands Ro 0 \101 Z N 0 .., RD l �' t. jj '-- r-- "�- i -J L----I City Type I Slurry Seal 150 Feet Street 150 75 0 r lgm1arcmap propactslpublic works1Slurry Kendra bp 2014-2015. mxd May 3, 2014 ,,0\5 to‘"' 63 \Area5-VailRanch 44 9� 0 F —J City Type I Slurry Seal Street 320 160 0 320 Feet rldislercmap prajectslpuolic works\SWny Kendra 4 2014-2015.mxd May 3, 201 4 Evl SO \9y Ro 0 0 Area 6 - Vail Ranch A,q VAIL RANCH PKV I City Type I Slurry Seal Street 300 150 0 300 Feet r lgislarcmap projectslpubtic workskSlurry Kendra bQ 2014-2015 nxd May 3, 2014 City Type I Slurry Seal Street 400 200 0 400 Feet rlgislercmap projectelpublic works1Slurry Kendra bp 2014-2015 mxd Ma 3 2014 N\S`-°? WY kez OR FRE SIA WY NFR • • \E CG 1_111 City Type I Slurry Seal Street 400 200 0 400 Feet r.lgislarcmap projectslpublic works\Slurry Kendra bp 2014-2015.mxd May 3, 2014 POPPY ST 0 Area 8 - Vail Ranch -o 0 0 ROMERO DR aq °0v CALLE CANTU Area 9 - Vail Ranch sT9 cF 4)o 9! 04 OVFRL4 U 0 PL C 0 FBANUFLO FREESIA W GAROLI PASS HUPA DR REGINA OR VALENTINO 1-- City Type I Slurry Seal Street 500 250 0 500 Feet \gislercmep projeclslpublic workslSk,rry Kendra bp 2014-2015.mxd May 3, 2014 POPPY ST S 0 Area 10 - Vail Ranch Pkwy/Redhawk Pkwy paio- CALLE CANTU `-R FQ r V1 Rusnii CALAF/4 MA UNDA RD 0 \ICT w CALLE AL SAN CARLOS C < c y GAROLI PASS GP EMBASSY A\ G6R 4((4 CA LE -Roby TIARAS MORNING ANASAZI DR E9 obi City Type II Slurry Seal Street 1,200 600 0 1,200 Feet r lgislarcmap projectslpublic works1Slurry Kendra bp 2014-2015.mxd ANZA RD tF ROMANCE PL Item No. 12 TEMECULA COMMUNITY SERVICES DISTRICT ACTION MINUTES of July 8, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:34 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 8 Action Minutes — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, Washington and Comerchero. RECOMMENDATION: 8.1 Approve the action minutes of June 24, 2014. 9 First Amendment to the Harveston Center Lease Agreement — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected approval by Directors Edwards, Naggar, Roberts, Washington and Comerchero. RECOMMENDATION: 9.1 That the Board of Directors approve a First Amendment with LSK, LLC, for lease of the Harveston Center, located at 40135 Village Road, Temecula, CA. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 070814 1 CSD ADJOURNMENT At 7:40 P.M., the Community Services District was formally adjourned to Tuesday, July 22, 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: Randi Johl-Olson, JD, MMC City Clerk [SEAL] CSD Action Minutes 070814 2 Item No. 13 TEMECULA PUBLIC FINANCING AUTHORITY ACTION MINUTES of July 23, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY MEETING The Temecula Public Financing Authority Meeting convened at 7:42 P.M. CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, Roberts, Washington, Naggar TPFA PUBLIC COMMENTS None TPFA CONSENT CALENDAR 11 Action Minutes — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Roberts made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with one absence. RECOMMENDATION: 11.1 Approve the action minutes of July 24, 2012. 12 Authorization of Fiscal Year 2013-14 Special Tax Levy in Community Facilities District No. 03-01 (Crowne Hill) — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Roberts made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with one absence. RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 13-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-01 (CROWNE HILL) 13 Authorization of Fiscal Year 2013-14 Special Tax Levy in Community Facilities District No. 01-02 (Harveston) — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Roberts made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with one absence. RECOMMENDATION: TPFA Action Minutes 072313 1 13.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 13-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-02 (HARVESTON) 14 Authorization of Fiscal Year 2013-14 Special Tax Levy in Community Facilities District No. 03-06 (Harveston II) — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Roberts made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with one absence. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 13-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) 15 Authorization of Fiscal Year 2013-14 Special Tax Levy in Community Facilities District No. 03-02 (Roripaugh Ranch) — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Roberts made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with one absence. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 13-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 16 Authorization of Fiscal Year 2013-14 Special Tax Levy in Community Facilities District No. 03-03 (Wolf Creek) — Approved Staff Recommendation (4-0-1, Director Edwards absent) Director Roberts made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval with one absence. RECOMMENDATION: TPFA Action Minutes 072313 2 16.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 13-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT At 7:44 P.M., the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, August 13, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chairperson ATTEST: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary [SEAL] TPFA Action Minutes 072313 3 Item No. 14 Approvals City Attorney Finance Director City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Jennifer Hennessy, Finance Director DATE: July 22, 2014 SUBJECT: Authorization of Fiscal Year 2014-15 Special Tax Levies (Citywide) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-01 (CROWNE HILL) 2. Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-02 (HARVESTON) 3. Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) 4. Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 5. Adopt a resolution entitled: RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. The Authority adopted the required resolutions of intention relative to the formation of five community facilities districts (CFDs) and, thereafter, took the necessary actions to issue bonds for all five CFDs. The bonds were used to fund various public improvements including, but not limited to, streets, street lights, parks, drainage, sewers and water improvements. The maximum special tax levy required for Fiscal Year 2014-15, as calculated by the City's special tax consultant, is listed in the following table. The special tax levy is calculated each year based on the formula established in the Bond Documents approved when the CFD Bonds were issued. The special levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedules entitled "2014/15 Budget." The amount of the levies may fluctuate each year due to changes in delinquency rates, debt service amounts, or administrative charges. City staff reviews each district throughout the year to consider possible refunding opportunities. The City refunded three of the five CFDs in 2012, saving the property owners 10-16% on their annual levies. No bond calls are anticipated for September 2014. The City anticipates performing annual bond calls in future years with any surplus funds remaining. The following table provides information for each of the five CFDs: Issue Date Issue Name Issue Amount Outstanding Amount as of 9/1/2014 FY 13-14 Annual Levy FY 14-15 Annual Levy Change 7/24/2003 Crowne Hill CFD 03-01 Ser. A $12,155,000 $11,995,000 $911,959 $906,519 ($5,440) 7/26/2005 Crowne Hill CFD 03-01 Ser. B $6,000,000 8/28/2002 Harveston CFD 01-02 Sp. Tax A $17,310,000 $14,505,000 $1,075,084 $1,078,814 $3,730 8/28/2002 Harveston CFD 01-02 Sp. Tax B This is a non -bonded CFD established for the ongoing maintenance of Harveston Lake. $230,181 $232,437 $2,256 8/26/2004 Harveston II CFD 03- 06 $4,845,000 $4,115,000 $324,744 $324,744 $0 4/13/2006 Roripaugh CFD 03-02 $51,250,000 $44,115,000 $3,527,069 $3,531,992 $4,923 12/18/2003 Wolf Creek CFD 03-03 $30,990,000 $24,400,000 $1,899,809 $1,891,898 ($7,912) FISCAL IMPACT: The calculated special tax levy required for the 2014-15 Fiscal Year is listed in the preceding table. ATTACHMENTS: 1 Resolution (Crowne Hill) 2. 2014/15 Budget (Crowne Hill) 3. Resolution (Harveston) 4 2014/15 Budget (Harveston) 5. Resolution (Harveston II) 6. 2014/15 Budget (Harveston II) 7. Resolution (Roripaugh) 8. 2014/15 Budget (Roripaugh) 9. Resolution (Wolf Creek) 10. 2014/15 Budget (Wolf Creek) RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-01 (CROWNE HILL) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-01 (Crowne Hill) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $906,519.24 on the taxable parcels located in the CFD for Fiscal Year 2014-15 as set forth on a magnetic tape to be provided by Webb Associates to the Auditor -Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2014. Maryann Edwards, Chairperson ATTEST: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 14- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2014, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary 2014-15 Budget City of Temecula CFD 03-01 (Crowne Hill) Fund No. 68-2928 Special Tax Requirement Computation Delinquency Rate as of 6/15/2014 Principal Amount of Series 2012 Bonds Outstanding after Sept. 2014 Principal Amount of Series 2005B Bonds Oustanding after Sept 2014 Principal Amount of Total Bonds Outstanding after Sept. 2014 Prior Fiscal Year(s): Current Fiscal Year: 3.17% Projected Number of Parcels to Levy 59,735,000.00 $2,260,000.00 $11,995,000.00 $3,240.53 $28,933,22 $32,173.75 796 Budget Items Prior Year Actual Current Levy Year Difference Total Reserve Series 2012 Series 2005B Series 2012 Series 2005B $147,750.00 Interest due 03/01/15 $200,562.50 $56,646.25 $196,912.50 $56,211.25 ($4,085 00) Interest due 09/01/15 $200,562.50 $56,646.25 $196,912.50 $56,211.25 ($4,085 00) Principal due 09/01/15 $365,000.00 $20,000.00 $370,000.00 _ $15,000.00 $0.00 Total Debt Service Due for Fiscal Year $766,125.00 5133.292.50 $763,825.00 $127.422.50 ($8,170.00) Total Debt Service and Reserve Adjustment $899,417.50 $891,247.50 Budget Items Prior Year Actual Current Lev Series 2012 Series 2005B Total Reserve Reserve Fund Requirement $4,125.00 Total Calculated Levy $765,750.00 $147,750.00 $913,500.00 Current Reserve Fund Balance $2,947 27 Prior Year (Surplus)/Deficit $767,795.15 $147,789.09 $915.584.24 Deficit (Surplus) $103.67 District Adjustment $129.66 $25.99 ($2,084.24) Reserve Adjustment $95.52 $0.08 $63.68 (531,84) $0.00 Total Debt Service and Reserve Adjustment $899,417.50 $891,247.50 Budget Items Prior Year Actual Current Lev Year / Difference Trustee/Paying Agent Costs Levy $4,125.00 Total Calculated Levy $4,200.00 $75.00 Consulting Services $906,519.24 $2,947 27 Prior Year (Surplus)/Deficit $4,000.00 $1,052.73 Auditor -Controller (per FundNo enrollment fee)(1) $0.00 $103.67 District Adjustment $129.66 $25.99 Auditor -Controller (per Parcel enrollment fee) $0.12 $95.52 $0.08 $63.68 (531,84) Treasurer/Tax Collector (per Parcel fee) $0.39 $310.44 $0.40 $318.40 $7.96 Delinquency Management $0.00 $550.00 $550.00 Continuing Disclosure/Dissemination $800.00 $1,500.00 $700.00 City Administrative Costs $4,000.00 $4,000.00 $0.00 Administration Expenses $160.00 $160.00 $0.00 Other Costs $0.00 $350.00' $350.00 Total Administration $12,541.90 $15,271.74 $2,729.84 Total Debt Service and Reserve Adjustment Total Administration $899,417.50 $12,541.90 $891,247.50 $15,271.74 ($8,170.00) $2,729.84 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference -0.60% (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014.. $2,002,586.28 1.68% 0.44% 45.27% $911,959.40 ($5,440 16) Prior Year Current Year Budget Items Actual Levy Difference Total Calculated Levy $911,959.40, $906,519.24 (55,440.16) Prior Year (Surplus)/Deficit $0.00 $0.00 $0.00 District Adjustment $0.00 $0.00 $0.00 Total Levy $911,959.40 $906,519.24 ($5.440.16) Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference -0.60% (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014.. $2,002,586.28 1.68% 0.44% 45.27% $911,959.40 ($5,440 16) RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-02 (HARVESTON) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 01-02 (Harveston) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $1,311,251.26 on the taxable parcels located in the CFD for Fiscal Year 2014-15 as set forth on a magnetic tape to be provided by Webb Associates to the Auditor -Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2014. Maryann Edwards, Chairperson ATTEST: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 14- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2014, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary 2014-15 Budget City of Temecula CFD 01-02 A (Harveston A) Fund No. 68-2927 Special Tax Req uiromen* Computation Delinquency Rate as of 6/15/14 Principal Amount of Series A Bonds Outstanding after Sept. 2014 Principal Amount of Series B Bonds Outstanding after Sept 2014 Principal Amount of Total Bonds Outstanding after Sept. 2014 Prior Fiscal Year(s): Current Fiscal Year: 2 26% Projected Number of Parcels to Levy $12,155,000.00 $2,350,000.00 $14,505,000.00 $655.18 $24,337.03 $24,992.21 1.606 Budget Items Prior Year Actual Current Year Levy Diference_. Series B Series A Series B Series A Series B 5880,775 00 Interest due 03/01/15 $273,656.88 $62,328.13 $267,056.88 $59,185.00 ($9,743 13) Interest due 09/01/15 $273,656.88 $62,328.13 5267,056.88 $59,185.00 (59,743.13) Principal due 09/01/15 $330,000.00 $60,000.00 $345,000.00 $65,000.00 $20,000.00 Total Debt Service Due for Fiscal Year 5877,313.76 $184,656.26 $879.113.76 8183,370.00 $513.74 Total Debt Service and Reserve Adjustment $1,061,970.02 $1,062,483.76 Budget Items Prior Year Actual Current Year Levy Series A Series B Total Reserve Reserve Fund Requirement Difference $3,850.00 5880,775 00 $181,708.76 $1,062,483.76 Current Reserve Fund Balance $3,979.43 $4,000.00 $880,790.42 $188,614.99 $1,069,405.41 Deficit (Surplus) $0.00 $129.66 ($15.42) ($6,906.23) ($6,921.65) Reserve Adjustment $0.08 $128.48 $0.00 $0 00 $0.00 Total Debt Service and Reserve Adjustment $1,061,970.02 $1,062,483.76 Budget Items Prior Year Actual Current Year Levy Difference Trustee/Paying Agent Actual $2,750.00 Difference $3,850.00 $1,100.00 Consultant Services $3,359.55 $3,979.43 $4,000.00 $640.45 Auditor -Controller (per FundNo enrollment fee)(') $103.67 $0.00 $129.66 $25.99 Auditor -Controller (per Parcel enrollment fee) $0.12 $181.56 $0.08 $128.48 ($53.08) Treasurer/Tax Collector (per Parcel fee) $0.39 $590.07 $0.40 $642.40 $52.33 Delinquency Management $0.00 $550.00 $550.00 Continuing Disclosure/Dissemination $700.00 $1,500.00 $800.00 City Administrative Costs $5,000.00 $5,000.00 $0.00 Administration Expenses $180.00 $180.00 $0.00 Other Costs $0.00 $350 00 $350.00 Total Administration $12,864.85 516,330.54 $3,465.69 Total Debt Service and Reserve Adjustment Total Administration $1,061,970.02 $12,864.85 $1,062,483.76 $16,330.54 $513.74 $3,465.69 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. 0 35% $1,811,365.90 1.51% 0.46% 59.56% $1,075,083.88 $3,730.42 Prior Year Current Year Budget Items Actual Levy Difference Total Calculated Levy $1,074,834.87 $1,078,814.30 $3,979.43 Prior Year (Surplus)/Deficit $0.00 $0.00 $0.00 District Adjustment $249.01 $0.00 ($249.01) Total Levy $1,075,083.88, $1,078,814.30 $3,730.42 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. 0 35% $1,811,365.90 1.51% 0.46% 59.56% $1,075,083.88 $3,730.42 2014-15 Budget City of Temecula CFD 01-02 B (Harveston B) Fund No. 68-2926 Special Tax Requirement Computation Delinquency Rate as of 6/15/2014 Prior Fiscal Year(s): Current Fiscal Year: $116.74 2.12% $4,873.28 Projected Number of Parcels to Levy $4,990.02 1,606 Budget Items Prior Year Current Year Difference Budget Items Actual Le Difference Park Maintenance $25.99 $228,260.30 $0.12 $232,436.96 $4,176.66 Total Maintenance and Services ($53 08) $228,260.30 $0.39 $230,536.42 $0.40 Budget Items Prior Year Actual Current Year Le Difference Auditor -Controller (per FundNo enrollment fee)(') Actual $103.67 Difference $129 66 $25.99 Auditor -Controller (per Parcel enrollment fee) $0.12 $181.56 $0.08 $128.48 ($53 08) Treasurer/Tax Collector (per Parcel fee) $0.39 $590.07 $0.40 $642.40 $52.33 City Administrative Costs $1,000.00 (545.66) $1,000.00 $0.00 Other Per District Administrator $0.00 52,255.70 $0.00 $0.00 Total Administration $1,875.30 51,900.54 $25.24 Total Maintenance and Services and Administration $230,135.60 $232,436.96 $2,301.36 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. 0.98% $247,737.91 0.82% 0.43% 93.82% $230,181.26 $2,255.70 Prior Year Current Year Budget Items Actual Levy Difference Total Calculated Levy 5230,135.60 5232,436.96 52,301.36 Prior Year (Surplus)/Deficit $0.00 $0.00 50.00 District Adjustment 545.66 50.00 (545.66) Total Levy $230,181.26 $232,436.96 52,255.70 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. 0.98% $247,737.91 0.82% 0.43% 93.82% $230,181.26 $2,255.70 RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-06 (Harveston II) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-03 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $324,744.08 on the taxable parcels located in the CFD for Fiscal Year 2014/15 as set forth on a magnetic tape to be provided by Webb Associates to the Auditor -Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-6 (Harveston II)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2014. Maryann Edwards, Chairperson ATTEST: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 14- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2014, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary 2014-15 Budget City of Temecula CFD 03-06 (Harveston ll) Fund No. 68-2924 Special Tax Requirement Computation Delinquency Rate as of 6/15/2014 Principal Amount of Bonds Outstanding after Sept. 2014 Prior Fiscal Year(s): Current Fiscal Year: $4,115,000.00 $180 08 2.47% $8,022.00 Projected Number of Parcels to Levy $8,202.08 1,219 Reserve Fund Requirement Current Reserve Fund Balance Prior Year Current Year 5306,756 26 $307,894.38 Budget Items Actual Levy Difference Interest due 03/01/15 ($1,138.12), $77,293.75 $75,843.75 (51,450.00) Interest due 09/01/15 $154,587.50 577,293.75 $151,687.50 $75,843 75 (51.450 00) Principal due 09/01/15 $25.99 $145.000.00 $0.12 $150.000.00 55.000.00 Total Debt Service Due for Fiscal Year (538.32) $299,587.50 $0.39 $301,687.50 $2,100.00 Reserve Fund Requirement Current Reserve Fund Balance Prior Year Actual Current Year Levy 5306,756 26 $307,894.38 Trustee/Paying Agent Costs Actual Deficit (Surplus) Difference $2,195.00 ($1,138.12), $0.00 Reserve Adjustment , $4,000.00 $0.00 $0 00 Total Debt Service and Reserve Adjustment $301,687.50 Budget Items Prior Year Actual Current Year Levy Trustee/Paying Agent Costs Actual $2,125.00 Difference $2,195.00 $70.00 Consulting Services $2,943.18 , $4,000.00 $1,056.82 Auditor -Controller (per FundNo enrollment fee)(') $103.67 80.00 $129.66 $25.99 Auditor -Controller (per Parcel enrollment fee) $0.12 $135.84 $0.08 $97.52 (538.32) Treasurer/Tax Collector (per Parcel fee) $0.39 $441.48 $0.40 $487.60 $46.12 Delinquency Management $0.00 $550.00, $550.00 Continuing Disclosure/Dissemination $700.00 $1,500.00 $800.00 Reserve for Delinquencies $15,459.00 $0.00 (515,459.00) City Administrative Costs $3,000.00 $3,000.00 $0.00 Administration Expenses $150.00 $150.00 $0.00 Other Costs $0.00 $350.00 $350.00 Total Administration $25,058.17 $12,459.78 ($12,598.39) Total Debt Service and Reserve Adjustment Total Administration $299,587.50 $25,058.17 $301,687.50 $12,459.78 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference 0.00% (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. $427,239.75 3.84% 0.92% 76.01% $324,744,08 $0.00 Prior Year Currentt Year Budget Items Actual Levy Difference Total Calculated Levy 8324,645.67 $314,147.28 (810,498.39) Prior Year (Surplus)/Deficit $0.00 $0.00 80.00 District Adjustment $98.41 $10,596.80 810,498.39 Total Levy $324,744.08 $324,744.08 $0.00 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference 0.00% (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. $427,239.75 3.84% 0.92% 76.01% $324,744,08 $0.00 RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 05-01 and Ordinance No. TPFA 05-01, there is to be levied an aggregate special tax of $3,531,992.30 on the taxable parcels located in the CFD for Fiscal Year 2014/15 as set forth on a magnetic tape to be provided by Webb Associates to the Auditor -Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 05-1 and Ordinance No. TPFA 05-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 05-01 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-2 (Roripaugh Ranch)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2014. Maryann Edwards, Chairperson ATTEST: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 14- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2014, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary 2014-15 Budget City of Temecula CFD 03-02 (Roripaugh Ranch) Fund No. 68-2929 Special Tax Requirement Computation Delinquency Rate as of 6/15/2014 Principal Amount of Bonds Outstanding after Sept. 2014 Prior Fiscal Year(s): Current Fiscal Year: 0.47%, Projected Number of Parcels to Levy $44,115,000.00 $0.00 $16,736,30 $16,736.30 318 Reserve Fund Requirement Prior Year Current Year Year • Budget Items Actual Levi $3,508.091 34 Difference Interest due 03/01/15 Deficit (Surplus) $1,230,547.50 ($4,241.34) $1,204,547.50 (526,000 00) Interest due 09/01/15 $2,461,095 00 $1,230,547.50 $2,409,095.00 $1,204,547.50 ($26,000 00) Principal due 09/01/15 $25.99 $1,040,000 00 $0.12 $1.090.000.00 $50.000 00 Total Debt Service Due for Fiscal Year ($12.72) $3,501,095.00 $0 39 $3,499,095.00 ($2,000.00) Reserve Fund Requirement Prior Year Actual 53.503,850 00 Year Difference Current Reserve Fund Balance Lev $3,508.091 34 Total Calculated Levy $6,000.00 Deficit (Surplus) Consultant Services ($4,241.34) $0 00 Prior Year (Surplus)/Deficit Reserve Adjustment $1,056.82 $0.00 $0.00 $103.67 Total Debt Service and Reserve Adjustment $3,499,095.00 Budget Items Prior Year Actual Current Lev Year Difference Trustee/Paying Agent Costs') Lev $1,850.00 Total Calculated Levy $6,000.00 $4,150.00 Consultant Services 53,531,992.30 $2,943.18 Prior Year (Surplus)/Deficit $4,000.00 $1,056.82 Auditor -Controller (per FundNo enrollment fee)(2) $0.00 $103.67 District Adjustment 5129.66 $25.99 Auditor -Controller (per Parcel enrollment fee) $0.12 $38 16 $0.08 $25.44 ($12.72) Treasurer/Tax Collector (per Parcel fee) $0 39 $124 02 $0.40 $127.20 $3.18 Delinquency Management $0.00 $550,00 $550.00 Continuing Disclosure/Dissemination $700.00 $1,500 00 $800.00 City Administrative Costs $20,000.00 $20,000.00 $0.00 Administration Expenses $215.00 $215.00 $0.00 Other Costs $0.00 $350.00 $350.00 Total Administration 525,974.03 $32,897.30 $6,923.27 Total Debt Service and Reserve Adjustment Total Administration $3,501,095.00 $25,974.03 $3,499,095.00 $32,897.30 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) $2,500 arbitrage report included in total. (2) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. 0.14% $5,937,818.53 0.93% 0.57% 59.48% $3,527,069.03 $4,923.27 Prior Year Current Year Budget Items Actual Lev Difference Total Calculated Levy 53,527,069.03 53,531,992.30 54,923.27 Prior Year (Surplus)/Deficit $0.00 $0.00 $0.00 District Adjustment $0.00 50.00 50.00 Total Levy 53,527,069.03 53,531,992.30 54,923.27 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) $2,500 arbitrage report included in total. (2) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. 0.14% $5,937,818.53 0.93% 0.57% 59.48% $3,527,069.03 $4,923.27 RESOLUTION NO. TPFA 14- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-03 (Wolf Creek) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $1,891,897.57 on the taxable parcels located in the CFD for Fiscal Year 2014-15 as set forth on a magnetic tape to be provided by Webb Associates to the Auditor -Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf Creek)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2014. Maryann Edwards, Chairperson ATTEST: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 14- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2014, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Randi Johl-Olson, JD, MMC City Clerk/Board Secretary Delinquency Rate as of 6/15/2014 2014-15 Budget City of Temecula CFD 03-03 (Wolf Creek) Fund No. 68-2921 Special Tax Requirement Computation Principal Amount of Bonds Outstanding after Sept. 2014 $24,400,000.00 Prior Fiscal Year(s): Current Fiscal Year: 2.02% $1,544 19 $38,309.50 Projected Number of Parcels to Levy $39,853.69 1,806 Reserve Fund Requirement Prior Year Current Year ' Difference Budget Items Actual Lev Difference Interest due 03/01/15 $120.00 $523,125.00 $514,725.00 ($8,400.00) Interest due 09/01/15 $1,046,250.00 $523,125.00 $1,029,450.00 $514,725.00 (58.400 00) Principal due 09/01/15 $25.99 $840,000.00 $0.12 $855,000.00 $15,000 00 Total Debt Service Due for Fiscal Year (372.24) $1.886,250.00 $0.39 $1,884,450.00, ($1,800.00) Reserve Fund Requirement Prior Year Actual $1,418,296.88 ' Difference Trustee/Paying Agent Costs Current Reserve Fund Balance $2,325.00 $1,423,569.83 $2,445.00 $120.00 Deficit (Surplus) ($5,272.95) $0.00 $4,000.00 Reserve Adjustment Auditor -Controller (per FundNo enrollment fee)(') $0.00 $0.00 ($8,543.97) Total Debt Service and Reserve Adjustment $1,884,450.00 Budget Items Prior Year Actual Current Year Levy ' Difference Trustee/Paying Agent Costs Actual $2,325.00 Difference $2,445.00 $120.00 Consultant Services $3,359.55 $632.261 $4,000.00 $640.45 Auditor -Controller (per FundNo enrollment fee)(') $103.67 ($8,543.97) $129.66 $25.99 Auditor -Controller (per Parcel enrollment fee) $0.12 $216.72 $0.08 $144.48 (372.24) Treasurer/Tax Collector (per Parcel fee) $0.39 $704.34 $0.40 $722.40 $18.06 Delinquency Management $0.00 $550.00 $550.00 Continuing Disclosure/Dissemination $700.00 $1,500.00 $800.00 .Agency Administrative Costs $6,000.00 $6,000.00 $0.00 .Administration Expenses $150.00 $150,00 $0.00 Other Costs $0.00 $350.00 $350.00 Total Administration $13,559.28 $15,991.54 $2,432.26 Total Debt Service and Reserve Adjustment Total Administration $1,886,250.00 $13,559.28 $1,884,450.00 $15,991.54 Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. -0.42% $2,882,650.80 0.85% 0.32% 65.63% $1,899,809.28 ($7,911.71) Prio Year Current Year Budget. Items Actual Lev Difference Total Calculated Levy $1,899,889.28 $1,900,441.54 $632.261 Prior Year (Surplus)/Deficit $0.00 ($8,543.97) ($8,543.97) District Adjustment $0.00 $0.00 $0.00 Total Levy $1,899,809.28 $1,891,897,57 ($7,911.71) Maximum Authorized Tax Administration % of Levy District's % of Levy Levy % of Maximum Tax FY 2013-14 Levy Difference (1) Current Year Per Fund No Charge for based upon Auditor -Controller Letter Dated June 4, 2014. -0.42% $2,882,650.80 0.85% 0.32% 65.63% $1,899,809.28 ($7,911.71) Item No. 15 PUBLIC HEARING Approvals City Attorney Finance Director City Manager VOIRIAL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G Villa, AICP, Community Development Director DATE: July 22, 2014 SUBJECT: Weed Abatement Lien Resolution for Fiscal Year 2013-14 PREPARED BY: Steve Lankenau, Building Official RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2013-14 BACKGROUND: The City of Temecula is responsible for weed abatement for properties that are not cleared of hazardous weeds during the spring and summer abatement season. On April 22, 2014, City Council approved a contract with Inland Empire Property Services to bring parcels with hazardous conditions into compliance with the Temecula Municipal Code. The owners of these parcels are billed by the City to recover the costs of the contractor plus an administrative fee. If the owners do not respond to the billing request, the City is required to place a lien on the property to recover the costs. All of the owners were properly notified via certified mail, return receipt requested, of the need to abate weed conditions on their properties and were given three months to remove the weeds themselves prior to the City taking weed abatement action. The lien process requires that a public hearing be held before the City Council to take comments from the property owners with respect to the costs proposed to be assessed against their properties and to confirm those costs. The Notice of Public Hearing was printed in the Union Tribune San Diego on July 10, 2014. Following the public hearing, the Council must adopt a resolution for the fiscal year which: 1. Confirms the costs incurred by the City in performing the weed abatement work. 2. Provides that the actual abatement costs will become a lien upon the properties, and upon recordation, in the amount of the costs shown on the attached "Exhibit A". 3. Provides that the Resolution will be transmitted to the Riverside County Treasurer -Tax Collector so the amounts of the assessment can be entered upon the parcels as they appear on the assessment rolls and the costs will be collected on the property tax bill. Staff is requesting Council action for the Fiscal Year 2013-14. Upon adoption of the resolution, staff will forward the adopted resolutions for filing with the Riverside County Treasurer -Tax Collector and for recording with the County Recorder. FISCAL IMPACT: The recording of these liens will enable the City to recover abatement costs through the County's property tax collection system. The City will recover actual amounts paid out to the weed abatement contractors. Further, the City will recover the administrative fee placed on each parcel that was abated by the City's contractors. ATTACHMENTS: 1. Resolution 2. Exhibit A — Abatement Charges for Fiscal Year 2013-14 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR FISCAL YEAR 2013-14 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Chapter 8.16 of the Temecula Municipal Code provides for expedited abatement of hazardous vegetation from vacant lots and parcels. Section 2. Abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel. Section 3. A hearing was held on July 22, 2014, duly noticed in accordance with the requirements of Chapter 8.16 of the Temecula Municipal Code, concerning the costs of abatement of these parcels at which time the Council heard all objections of property owners liable to be assessed for the costs of abatement. Section 4. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien on said land in the amount of the respective assessments. Section 5. A copy of this resolution shall be transmitted to the Treasurer -Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. Section 6. The costs against any parcel of land listed in Exhibit "A" assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said parcel of the property taxes for the tax year above - noted. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2014. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 22nd day of July, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk EXHIBIT A APN OWNER Amount 910272011 PROVIDENCE II TEMECULA MADISON AVE PLAZA 605.00 910282002 JAPAN INV INC 465.00 916400030 HARVESTON SAB 1500.00 916400031 HARVESTON SAB 3435.00 916400032 HARVESTON SAB 3315.00 919043003 SHIO CHAO LEE 510.00 919161002 YNG JIIN WANG 465.00 920021002 ANTHONY ANTONELLIS 528.90 921152005 ROGER JOHNSON 510.00 921300013 ANGELA SABELLA 1455.00 921730065 DCH INV 1297.50 922033003 JAMES KNOTT 445.00 922033020 JAMES KNOTT 445.00 922034021 OLD TOWN CENTRE 600.00 922052009 JOHN DUCHI 4331.28 922053047 U2 710.00 922054011 U2 445.00 922190022 MANMEET PADDA 310.00 922190034 MASOOD ROSTAI 600.00 945070009 VICTOR LALEZARI 570.00 945110013 GEORGE RIOS 525.00 945150007 JOSE MALDONADO 592.50 945180023 DRAKE CHARLES 675.00 957080014 CARDINAL INVESTMENT 1455.00 957080019 CARDINAL INVESTMENT 1095.00 957090020 REINE BAILLARGEAT 697.50 957170037 J & L PROP 1500.00 959020002 JOAQUIN DOMINGUEZ 675.00 960082017 GARY STARKEY 655.00 961290003 EPISCOPAL DIOCESE OF SAN DIEGO 465.00 30877.68 Item No. 16 COUNCIL BUSINESS Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: July 22, 2014 SUBJECT: Selection of Member to Serve on the Diaz Property Ad Hoc Subcommittee PREPARED BY: Gwyn R. Flores, Records Manager RECOMMENDATION: That the City Council appoint a member of the City Council to serve on the Diaz Property Ad Hoc Subcommittee. BACKGROUND: On April 8, 2014, Council Member Roberts was selected to serve on the Diaz Property Ad Hoc Subcommittee with Council Member Naggar. Council Member Roberts no longer wishes to serve on the committee therefore it is necessary to appoint another City Council Member to serve in this position. FISCAL IMPACT: None ATTACHMENTS: None 1 Item No. 17 DEPARTMENTAL REPORTS Approvals City Attorney Finance Director City Manager veralk CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: July 22, 2014 SUBJECT: City Council Travel/Conference Report — June 2014 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file. On June 15, 2014 Council Member Ron Roberts traveled to Montreal, Canada to attend the American Public Transportation Association Conference. ATTACHMENTS: Meeting Agenda Program Overview Page 1 of 8 TAPTAE American Public Transportation Association 1r!� Program Overview Final Program (as of June 2, 2014) The 2014 APTA Rail Conference June 15-18 in Montreal, Quebec, Canada at the Fairmont The Queen Elizabeth and Palais des congres de Montreal. Co -hosted by the Societe de transport de Montreal (STM) and Agence metropolitaine de transport (AMT), this technical conference focuses on all rail modes: urban, commuter, intercity and high-speed rail. Learn from experts in the industry as they share effective strategies, experience, and solutions and join the discussions on best practices. Register early for this opportunity to network with colleagues and learn from one another. Remember to bring your passport; best to also bring a copy of this program. Please note that English is the official language of the conference. The program of educational sessions is organized by six tracks of study: TRACK 1: Technology & Technical Forums TRACK 2: Operations TRACK 3: Safety, Security & Emergency Preparedness TRACK 4: Planning, Sustainability & Finance TRACK 5: Capital Programs TRACK 6: Management & Policy Please note that this schedule is preliminary and subject to change. Last updated June 5, 2014 7 a.m. - 2 p.m. 7:30 a.m Shotgun (bus departs the hotel at 6:40 a.m.) SATURDAY, JUNE 14 International Rail Rodeo Competition 22nd APTF Annual Benefit Golf Tournament REGISTER TODAY! Club De Golf De L' iLe De Montreal, QC The American Public Transportation Foundation's annual golf tournament is one of its major fundraising activities; and we ask that you demonstrate your continued support and investment in our next generation of leaders. Visit the APTF website to register for the golf tournament and learn about sponsorship opportunities. QUESTIONS? Contact APTA's Pamela Boswell at 202.496.4803 or pboswell@apta.com, or Mariah Stanley at 202.496.4818 or mstanley@apta.com. 8 a.m. - 6 p.m. Committee Meetings 9 a.m. - 5 p.m. TRACK 3: Rail System Safety Seminar If you have responsibilities for operations safety or safety management, then you will want to attend the annual System Safety Seminar. The interactive seminar will focus on the latest issues and resources impacting safety and emergency preparedness in transit operations and will provide an opportunity to share and learn about effective practices being developed and applied in our industry. The seminar is sponsored by APTA's Rail Safety Management Program for the benefit of all management personnel. FEE: There is no separate registration fee required. REGISTRATION: Space is limited, so make your reservations early by emailing APTA's Bill Grizard at bgrizard@apta.com. http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Program Overview 1 - 5 p.m. 2 - 4 p.m. 7 - 10 p.m. (shuttle service begins at 6:40 p.m.) 6:45 - 8:45 a.m. 7 a.m. - 5 p.m. 8 a.m. - 6 p.m. Page 2 of 8 QUESTIONS? Contact APTA's Bill Grizard at 202.496.4878 or bgrizard@apta.com. Conference Registration Desk Bags sponsored by Parsons Brinckerhoff. Lanyards sponsored by HNTB Corporation. Conference app sponsored by LTK Engineering Services. Host Information Desk APTA Board of Directors Meeting EVENING RECEPTION: Montreal Oh la la! JUST ADDED! CDP Capital Center parquet, 1000, place Jean -Paul -Riopelle (business casual dress suggested) You are invited to a reception offered by the hosts of APTA's Rail Conference and International Rail Rodeo, Agence metropolitaine de transport President and CEO Nicolas Girard and Societe de transport de Montreal CEO Carl Desrosiers. Please join us at the CDP Capital Center parquet, for a cocktail buffet that will plunge you into Montreal's festival atmosphere, featuring music, circus performances, and local flavors. Plan now to attend the reception! Transportation between the Fairmont The Queen Elizabeth and the reception venue will be provided from 6:40 to 10 p.m. Buses will depart from and return to the Mansfield Street entrance of the hotel. Presented by Bombardier BOMBARDIER the evolution of mobility SUNDAY, JUNE 15 Mid -Level Managers Welcome & Orientation Breakfast Meeting Committee Meetings 15 �t MAGNIFICATION MANAGERS MID-LEVEL Conference Registration Desk Host Information Desk Moderators/Speakers & AV Preview Room 10:45 a.m. - 12 p.m. LISTENING SESSION: APTA's Committee Structure Come join in an open dialogue on APTA's committees. APTA has an extensive committee structure allowing members to exchange information and collaborate on a wide range of policy, technical, and cross -cutting issues. The APIA Board of Directors is currently soliciting member feedback on APTA's committee structure to ensure it is as efficient, effective, and as inclusive as possible. 12:45 - 2 p.m. LISTENING SESSION: 2015-2019 APTA Strategic Plan Join in an open discussion on APTA's next five-year strategic plan. What should be APTA's top areas of focus for 2015-2019? http://www.apta.com/mc/rail/program/Pages/defaultaspx?PF=1 7/1/2014 Program Overview 2:30 - 4 p.m. 5:30 - 7:30 p.m. 7:15 - 9:30 p.m. This is APTA How to get the most from your membership Welcome Reception at Rail Product & Services Showcase Sponsored by IEC Holden Inc. lECHOLDEN Page 3 of 8 International Rail Rodeo Awards Banquet Purchase your tickets online when you pre -register for the conference. MONDAY, JUNE 16 7 - 8:15 a.m. Committee Meetings 7 - 8:15 a.m. Business Member Networking Breakfast 7 a.m. - 4 p.m. 8:30 - 10 a.m. 10:30 a.m. - 12 p.m. Conference Registration Desk Host Information Desk Moderators/Speakers & AV Preview Room Business Member Resource Room TCRP Information Center OPENING GENERAL SESSION America's Future is Riding on Public Transportation Sponsored by AECOM. AECOM CONCURRENT EDUCATIONAL SESSONS TRACK 1: Communications -Based Train Control Session sponsored by Parsons Corporation. TRACK 1: Fare Collection System Technologies: Architectures, Hardware & Mobile Apps TRACK 3: When Mother Nature Strikes TRACK 4: A Tale of Three Streetcar Cities TRACK 6: Career Progression: Choices, Decisions, Outcomes TRACK 6: Innovative Business Models in Rail Service TRACK 6: HOST FORUM Montreal in the Era of Sustainable Mobility 12 - 3 p.m. RAIL PRODUCTS & SERVICES SHOWCASE (includes lunch) Exhibitor information & reservations available online. http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Program Overview Page 4 of 8 2:30 - 4 p.m. GENERAL SESSION: USDOT Update Featuring U.S. Department of Transportation Officials 4:30 - 6 p.m. CONCURRENT EDUCATIONAL SESSIONS TRACK 1: Positive Train Control (PTC) Technology TRACK 1: Elevators & Escalators TRACK 2: Technical Standards TRACK 3: Developing Performance Metrics for Your MAP -21 Safety Plan TRACK 3: International Security for Public Transport -- Do We All Face the Same Issues? TRACK 4: Transit -Oriented Development, Joint Development & Value Capture TRACK 5: Small Business Challenges with Evolving Project Delivery Methods TRACK 5: Urban Rail in Canada: Keeping Pace with Growth TRACK 6: Mid -Level Managers' Careers -- Preparing for Next Steps 7- 8:15 a.m. 8 a.m. - 3 p.m. 8:30 a.m. - 10 a.m. 8:30 a.m. - 12 p.m. TUESDAY, JUNE 17 Committee Meetings Conference Registration Desk Host Information Desk Moderators/Speakers & AV Preview Room Business Member Resource Room TCRP Information Center CONCURRENT EDUCATIONAL SESSIONS TRACK 2: Use of Technology & Performance Data to Enhance Customer Experience TRACK 2: Finding Capacity through Operations Planning TRACK 2: Peer Reviews --What Are Transit Agencies Reviewing? What's Involved? TRACK 3: Advances in Rail Corridor Safety Part I: Grade Crossings TRACK 4: Access by Design TRACK 4: Funding, Finance & Making the Business Case TRACK 6: APTA-COMTO DBE Assembly: Disadvantaged Business Enterprises (DBE) Joint Venture Teams TRACK 6: Commuter Rail Round -Up TRACK 6: It's All About Advocacy: How to Engage the Public and Stakeholders CAPITAL PROJECT UPDATES & INNOVATIVE ARCHITECTURAL DESIGNS FOR RAIL FACILITIES 8:30 a.m. Final Steps of Houston METROs Journey to Deliver Light Rail to Houston 9 a.m. A Minuscule Country Builds the Longest Rail Tunnel of the World: Financing the Gotthard Base Tunnel 9:30 a.m. Delivering Mega Projects on a Live Rail System: The UK Perspective 10 a.m. Implementing ATC/CBTC on the Toronto Subway 10:30 a.m. The Train de I'Est: Challenges of the Northern Leg http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Program Overview 10:30 a.m. - 12 p.m. 12:15 - 2 p.m. 2-5p.m. 2:15 - 4:15 p.m. Page 5 of 8 11 a.m. Challenges and Solutions for a Complex Collaborative Project between ConnDOT and MTA Metro -North 11:30 a.m. Construction Challenges of the Green Line Extension through Cambridge, Somerville and Medford, MA ...continues at 2 p.m. CONCURRENT EDUCATIONAL SESSIONS TRACK 1: Signal Systems TRACK 1: Driverless / Automated Rail TRACK 2: Managing Service Planning Challenges during Major Capital Projects TRACK 2: Third -Party Outsourcing Considerations for Electronic Payment Systems TRACK 4: Enhancing Intermodal Coordination & Cost Sharing between Partners TRACK 6: CEOs Report - State of the North American Rail Transit Industry TRACK 6: The Future of High -Speed Rail TRACK 6: Front -Line Workforce Development Initiatives GENERAL LUNCHEON Safety & Security Excellence Awards and Commemoration: 100th Anniversary of Transit Safety Awards Sponsored by TranSystems Corporation. CAPITAL PROJECT UPDATES & INNOVATIVE ARCHITECTURAL DESIGNS FOR RAIL FACILITIES (continued) 2 p.m. From Unfunded to Completion: A $650 Million Renovation 2:30 p.m. Virginia Tech Intermodal Rail Station Design Studio Student Presentation 3 p.m. Planning and Design of the City of Poughkeepsie Transit Hub 3:30 p.m. Portland-Milwaukie Light Rail: More than a Construction Project 4 p.m. East Side Access Grand Central Terminal 4:30 p.m. CTA Fast-track Red Line Design Development and Construction in High Traffic Corridor CONCURRENT EDUCATIONAL SESSIONS TRACK 1: Traction Power TRACK 1: Rolling Stock, Railcars TRACK 1: Track & Rail Session sponsored by Parsons Corporation. TRACK 2: Maintenance & Testing Programs TRACK 4: Urban Circulator Round Table TRACK 5: Public -Private Partnerships (P3) Opportunities Session sponsored by SNC-Lavalin Inc. TRACK 5: Systems Engineering Session sponsored by Parsons Corporation. PARSONS http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Program Overview 2:30 - 5:30 p.m. 2:30 - 6:30 p.m. 4:30 - 6 p.m. Page 6 of 8 TRACK 6: Research, Standards & Innovations: Moving the Industry Forward STM and AMT TECHNICAL TOURS STM's Youville Workshops & Underground Fire Prevention Training Centre (2:30 - 5 p.m.) (50 person limit) STM's New Control Centre and Metro Operating Systems (2:30 - 5:30 p.m.) (50 person limit) AMT's Rolling Stock and Commuter Train Maintenance Centre (2:30 - 5:30 p.m.) (100 person limit) Register on site at the host information desk in the APTA registration area. Saturday and Sunday registration is at the hotel; Monday through Wednesday registration is at the convention center. National Transit Institute (NTI) Training: Leading as a Mid -Manager in Today's Public Transportation Environment CONCURRENT EDUCATIONAL SESSIONS TRACKI: CIO Round Table - Chief Information Officers TRACK 1: Ventilation & Fire Protection TARCK 3: Policing Models to Support Your Rail Agency TRACK 4: Environmental Planning TRACK 6: Mirror, Mirror - Transatlantic Passenger/Freight Envy TRACK 6: High -Speed Rail: North American Projects WEDNESDAY, JUNE 18 7 - 8:15 a.m. Committee Meetings 8:30 a.m. - 12 p.m. 8:30 - 10:30 a.m. 9 - 10:30 a.m. Conference Registration Desk Host Information Desk Moderators/Speakers & AV Preview Room Business Member Resource Room TCRP Information Center MAGNIFCAEION MANAGERS MID-LEVEL CONCURRENT EDUCATIONAL SESSIONS TRACK 1: Emerging Trends in Streetcar Development TRACK 1: Emerging Technology TRACK 1: Noise & Vibration - From Theory to Practice TRACK 4: Transit Asset Prioritization, State of Good Repair & Performance -Based Planning Processes CONCURRENT EDUCATIONAL SESSIONS TRACK 3: Advances in Rail Corridor Safety Part II: Right -of -Way Worker Protection TRACK 4: Prioritizing Rail in the Region TRACK 5: Alternative Delivery Approaches: Selection & Implementation Experience TRACK 6: To Tweet or Not to Tweet. That is the Question. 10:45 a.m. - 12 p.m. CLOSING GENERAL SESSION Rail -- The 21st Century's Economic Powerhouse http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Program Overview Page 7 of 8 12:30 - 5 p.m. Committee Meetings Operation Lifesaver Authorized Volunteer (OLAV) Training for APTA Members FEE: The training is available to all Rail Conference registrants at no additional charge REGISTRATION: Space is limited to 15 persons on a first-come, first-served basis. Make your reservations early. Pre -Registration required Improving Rail Transit Safety at Platform/Train and Platform/Guidway Interface A workshop offered by Oregon State University to gather information on the Transit Cooperative Research Program's TCRP A-40 Project. FEE: The workshop is available to all Rail Conference registrants at no additional charge. REGISTRATION: Space is limited to 40 persons on a first-come, first-served basis. Make your reservations by contacting Dr. Kate Hunter-Zaworski at hunterz@engr.orst.edu QUESTIONS? Contact APTA's Charles Joseph at 202.496.4805 or cjoseph@apta.com. FTA's MAP -21 Capital Investment Grants (Section 5309) Program Workshop and Listening Session FEE: The workshop and listening session is available to all Rail Conference registrants at no additional charge. REGISTRATION: Pre-registation is requested and can be done here. Attendees may also register on site. QUESTIONS? Contact APTA's Rich Weaver at 202.496.4809 or rweaver@apta.com. Un voyage multimodal de Montreal (A Multimodal Tour of Montreal) (80 person limit) From electric and diesel commuter rail lines to the rubber -tired subway that introduced the term "Metro" to North American, and the marvels of the Underground City connecting all together, Montreal offers the traveling professional a multimodal feast! Come join us for the latest in the series of signature Multimodal Tours, APTA Streetcar Subcommittee Chair Tom Hickey offers the opportunity to see rail transit in Montreal from a "passenger's eye" perspective. The tour will encompass several Metro lines and portions of the electric Deux-Montagnes and diesel Saint -Jerome commuter rail lines, multimodal terminals and, of course, the Underground City. Join APTA Streetcar Subcommittee Chair Tom Hickey for an incomparable 4% -hour loop through transit and the urban landscape, starting and finishing at the Fairmont The Queen Elizabeth. Register on site at the host desk in the APTA registration area. Saturday and Sunday registration is at the hotel; Monday through Wednesday registration is at the convention center. QUESTIONS? See details at the host information desk or contact VRE's Tom Hickey at thickey@vre.org. STM and AMT TECHNICAL TOURS STM's Youville Workshops & Underground Fire Prevention Training Centre (1:30-4 p.m.) (50 person limit) STM's New Control Centre and Metro Operating Systems (1:30-4:30 p.m.) (50 person limit) AMT's New Commuter Train Line: Train de I'Est (1:30-5:30 p.m.; tour departs at 1 p.m.) (100 person limit) http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Program Overview Page 8 of 8 1 Register on site at the host information desk in the APTA registration area. Saturday and Sunday registration is at the hotel; Monday through Wednesday registration is at the 1 convention center. APTA reserves the right to revise its Rail Conference schedule at any time. Copyright © 2014 American Public Transportation Association • 1666 K Street NW, 11th Floor, Washington, DC 20006 Telephone (202) 496-4800 • Fax (202) 496-4324 • Contact Us • Logo Usage • Staff Intranet http://www.apta.com/mc/rail/program/Pages/default.aspx?PF=1 7/1/2014 Item No. 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: July 22, 2014 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for June 2014. CURRENT PLANNING ACTIVITIES New Cases: Planning received 55 new applications, and conducted one public hearing during the month of June. A detailed account of current planning activities is attached to this report. Altair (formerly Village West) Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. The Developer has agreed to fund the City's expenses for hiring project staff to process the entitlements for an efficient and detailed review of the project. Staff provided comments on a second pre -application, including conceptual map and site plan layout, and draft Specific Plan. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. Staff released a Request for Proposal (RFP) for an Environmental Impact Report (EIR) in May. Proposals were due in June, and staff anticipates entering into an agreement with the selected consultant in July. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase II would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans. This application is under review and a Supplemental EIR is being prepared by Environmental Science Associates and is anticipated to go out for public review in late July, 2014. Staff anticipates scheduling the project for a public hearing before the Planning Commission in November 2014 and before City Council in December 2014. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." Two hundred one residential permits have been issued to date. (PETERS) LONG RANGE PLANNING The Long Range Planning Division works toward larger scale and longer time -frame projects. Some of the major projects and long-range planning activities currently in progress are described below. Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. On August 27, 2013, City Council approved an amendment to the contract to include a sidewalk gap analysis within the Master Plan Update. A community workshop was held on October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.org. A Steering Committee meeting was held on February 25, 2014 at the Merc Theater in Old Town, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. Phase II is under way. (PETERS) Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee, comprised of Council Member Roberts and Mayor Pro Tem Comerchero. Staff has held eight Ad Hoc Subcommittee Meetings to develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process: 1) strengthen economic development, 2) expand the mix of uses, 3) define districts and neighborhoods, 4) improve transportation, mobility, connectivity and circulation, 5) integrate recreation, open space and trails, 6) create updated and flexible development standards, 7) build and maintain a comprehensive utility infrastructure network and 8) establish a district identity. On June 13, 2013, staff held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) sit on the Committee. Staff presented form -based code principles and drafts of the district map, land use matrix, street cross sections, conceptual streetscape beatification plan, circulation network, hypothetical future block standards, urban parking standards, urban design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 30 -year build out scenario. The project website, www.envisionjefferson.org, continues to provide project information and updates to the public. Staff is writing the Specific Plan based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. An Environmental Impact Report (EIR) is being prepared simultaneously with the Specific Plan. Plan completion and certification of the EIR is anticipated in late 2014. (INNES, WEST, WATSON) Uptown Jefferson Specific Plan Program Environmental Impact Report (EIR): Environmental Science Associates (ESA) is preparing a Program EIR for the Uptown Jefferson Specific Plan. An EIR Scoping meeting was held in June 2013, providing an opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners within the specific plan area were mailed notices for this meeting. Staff is currently reviewing and providing feedback on the draft EIR. Certification of the Final EIR is anticipated in late 2014. (INNES, WEST, WATSON) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Affordable Housing Overlay and Density Bonus Ordinance: City staff has completed the 2014-2021 General Plan Housing Element Update. The City Council adopted the document on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. Staff has prepared a project schedule for the Affordable Housing Overlay and Density Bonus Ordinance as required by Program 1 and Program 4 of the Housing Element. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the Ordinance for adoption by February 2015. (WEAVER) Community Development Block Grant (CDBG): The City of Temecula received the annual award letter from HUD on April 4, 2014. The City will receive $544,070 in CDBG grant funding for Fiscal Year 2014-15. After an extensive public outreach effort involving two public workshops, two Finance Subcommittee meetings, a 30 -day public review period, and a public hearing, the City Council approved the Fiscal Year 2014-15 Annual Action Plan and funding recommendations on April 22, 2014. Council members recommended allocating 20 percent for program administration ($108,814), 15 percent for public services ($81,610) to be divided evenly between five non-profit service providers, and the remaining 65 percent for infrastructure improvements and housing activities. The Sam Hicks Park Playground Enhancement project will receive $311,550 in additional CDBG funding, Habitat for Humanity will receive $26,223 for a Critical Home Maintenance and Repair Program, and GRID Alternatives will receive $15,873 for a Solar Affordable Housing Program. The Annual Action Plan was submitted to HUD in May. (WEAVER) ENERGY & CONSERVATION PROGRAM Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self- sustaining fund that utilizes rebate incentives while also re -directing annual utility costs savings from energy efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial Management Inc., a consultant funded through the Western Riverside Energy Partnership, to develop an administrative policy manual for the TEEM Fund, and is focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after energy efficiency projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. For FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. To achieve the Platinum level in the Partnership, the City will need to complete an additional 82,958 kWh savings, implement an Auto Demand Response plan, and adopt the Municipal Energy Action Plan. (WEST) Energy Action Plans (EAP): The final draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula. The Plans were funded through the Western Riverside Energy Partnership as part of the first year program development. Both EAPs establish energy reduction goals, policies, and implementation measures to achieve energy reduction goals. (WEST) Green House Gas (GHG) Emissions Inventory/Climate Action Plan: A draft Municipal GHG inventory and Community GHG inventory has been prepared for the City and was funded through the Energy Partnership and grant funds received by WRCOG. Energy data from the Plans have been used to establish a baseline for the emission inventories. The inventories will be incorporated into the Western Riverside County Climate Action Plan to address state legislation AB 32 and SB 375. The Plan proposes to identify emission reduction targets and measures. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year to dispose of household waste and large miscellaneous debris that does not fit into the standard residential trash receptacle. The next Citywide Clean-up will be held on September 20, 2014 at Chaparral High School. This free event will offer residents an opportunity to dispose of large items and to recycle items that are not allowed in the standard residential recycling receptacle. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. The Household Hazardous Waste Collection Event is an effort to promote the recycling of used and other household hazardous waste. The next Household Hazardous Waste Collection Event is scheduled for September 13, 2014. (WEST) BUILDING & SAFETY Inspections: During the month of June, Building and Safety conducted 2,593 inspections. On average, there were 123.48 inspections per day, or 22.45 per inspector per day. Permits: During the month of June, Building and Safety issued 318 construction permits. Of these permits, 24 were dwelling units. Some of these permits included: Tenant Improvements Temecula Medical Center located at 27699 Jefferson Avenue, Suite 110 Butterfield Animal Hospital located at 33449 Temecula Parkway Nexter Juice Bar located at 40695 Winchester Road Front Street Plaza Offices located at 28693 Old Town Front Street Non -Construction Certificate of Occupancy OliveDipity located at 42072 5th Street, Suite 104 EMD Millipore located at 43455 Business Park Drive City Noodle and Grill located at 31333 Temecula Parkway CODE ENFORCEMENT During the month of June, Code Enforcement responded to 89 web complaints from constituents. In addition, the division opened 143 cases, 88 of which were residential and 55 were commercial. Code Enforcement also pulled 1,200 non -conforming signs in the community. The annual weed abatement program began in April and 63 warrants were prepared and delivered to the Courthouse for forced abatement. All 63 parcels were re -inspected. Forty parcels were posted and scheduled for abatement. Detailed Code Enforcement activity can be found in the following chart. June 2014 - Code Enforcement Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 7 0 7 Vacant Home / Property Maintenance / Rodent infested 22 3 25 Business or Home Occupation w/o license 2 6 8 Abandoned Home / Vandalism 0 0 0 Trash and Debris / Parking lot maintenance 4 0 4 Overgrown Vegetation / Weeds / Fire Hazard 13 2 15 Green Pool / Vector Control 4 0 4 Graffiti 2 6 8 Noise 1 0 1 Trailer / RV Stored 8 0 8 Construction w/o Permit 2 2 4 Encroach Public ROW / Trash Cans 8 1 9 Other / Homeless Encampment 0 0 0 Other / Smoking Ordinance / Safety Issue 0 0 0 Other / Safety Issue - Pool no fence/gate 6 3 9 Other/Parking 8 0 8 Signs Pulled - Violations 1 32 33 TOTAL NUMBER OF CASES 143 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, real estate owned properties, and properties in default in commercial and residential development. The following charts demonstrate the past six months of foreclosure tracking activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking January February March April May June 2014 2014 2014 2014 2014 2014 DEFAULT 92 101 107 121 118 118 FORECLOSED 94 94 84 64 71 72 REO 73 76 81 84 79 76 TOTALS 259 271 272 269 268 266 Commercial Foreclosure Tracking January February March April May June 2014 2014 2014 2014 2014 2014 DEFAULT 8 8 6 4 3 3 FORECLOSED 3 3 2 1 2 1 REO 21 25 30 26 27 20 TOTALS 32 33 38 31 32 24 Planning Agenda Report 6/1/2014 through 6/30/2014 Recently Approved • PA14-0118 TVEC Youth Dance Event TUP APN # 909270044 JAMES ATKINS A Temporary Use Permit for a youth dance event beginning on the evening of Saturday, June 28, 2014, at 5 p.m. and ending the morning of Sunday, June 29 at 2 a.m. The event site is located at 27345 Jefferson Avenue. Submitted Date Approved Date Jun 22O14 Jun 12 2014 • PA14-0119 TVEC Wedding Reception 1 APN # 909270044 JAMES ATKINS A Temporary Use Permit fora wedding reception to begin on the morning of Saturday, June 21, 2014, at 10:00 a.m. and ending at 1:30 a.m. on the morning of Sunday, June 22nd at 1:30 a.m. The event site is located at 27345 Jefferson Avenue. Submitted Date Approved Date Jun 22014 Jun 26 2014 • PA14-0024 Highgate Senior Living APN # 944290026 ERIC JONES A Major Modification for the previously approved Highgate Senior Living facility to reduce the number of units from 94 to 84 and to revise the approved architecture at 42301 Moraga Road. Submitted Date Approved Date Feb 5 2014 Jun 4 2014 1 of 6 Planning Agenda Report 6/1/2014 through 6/30/2014 cheduled"for Hearin • PA14-0057 Temecula Valley Event Center APN # 909270044 JAMES ATKINS A Conditional Use Permit to allow Temecula Valley Event Center LLC an indoor venue for public and private gatherings including live indoor entertainment for events, classes, parties, meetings, workshops, and banquets, and to operate under a Type 57 ABC license (special on sale general beer/wine/distilled spirits) at 27345 Jefferson Avenue. (Formally Hooters Restaurant) Submitted Date Anticipated DRC Meeting Date Planning Commision Mar 13 2014 Jul 16 2014 • PA14-0053 Walcott Major Mod APN # 957170032 JAMES ATKINS A Major Modification application to allow Van Daele Development to revise the previously approved product type and landscape plan for Walcott Estates, general located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos (APN: 957-170-032 through 036) Submitted Date Anticipated DRC Meeting Date Planning Commision Mar 11 2014 8/9/2012 Aug 6 2014 • PA14-0008 Diamond Hearts DP APN # 909310015 JAMES ATKINS A Development Plan Application for three two-story industrial structures in a light industrial zone. Each structure totals 10,917 square feet and will be used for warehousing and processing. The project is located at 42236, 42260, and 42284 Winchester Road. Submitted Date Anticipated DRC Meeting Date Planning Commision Jan 16 2014 8/9/2012 Aug 6 2014 APN # • PA12-0134 Arbor Vista HPR 919350017 MATTHEW PETERS A Residential Home Product review for 83 lots to be created with TTM 36479 (PA10-0133) for 4 floor plans ranging in size from approximately 2,700 to 3,500 square feet with three elevation types each including Craftsman, Spanish and Traditional. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350- 017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12- 0133, TTM 36479). Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 • PA12-0133 Arbor Vista TTM 36479 APN # 919350017 MATTHEW PETERS A Tentative Tract Map (No. 36479) to subdivide 73 acres into 83 single-family cluster lots. Minimum lot size for the residential lots is 5,500 square feet. Approximately 59% of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Nicolas and Via Lobo Roads. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 APN # 2 of 6 Planning Agenda Report 6/1/2014 through 6/30/2014 • PA12-0132 Arbor Vista ZC to PDO 919350017 MATTHEW PETERS A Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, - 019, -120) (Associated applications: PA12-0131, GPA; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 • PA12-0131 Arbor Vista GPA APN # 919350017 MATTHEW PETERS A General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads. (APN 919-350-017, -018, -019, -020) (Associated applications: PA12-0132, Zone Change to PDO; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 12 2012 8/9/2012 May 21 2014 3 of 6 Planning Agenda Report 6/1/2014 through 6/30/2014 • PA14-0108 New SubmittalsPending DRC Meeting APN # 962010007 Wolf Creek DA amend ERIC JONES A Development Agreement Amendment application for the existing Wolf Creek Development Agreement. The applicant is requesting to extend the expiration date for 10 years. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 19 2014 TBD • PA14-0111 Crossroads MajorTUP APN # 910110042 KENNY TAYLOR A Major Temporary Use Permit to allow Crossroads Church to conduct a car and motorcycle show fund raiser on Saturday June 21, from 9:00 a.m. to 1:00 p.m. at 26090 Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 23 2014 TBD APN # • PA14-0126 Crossfit Temecula CUP 921281012 KENNY TAYLOR A Conditional Use Permit to allow Temecula Cross -fit to operate a specialized fitness gymnasium within an existing vacant 6,960 square foot office/industrial suite at 43475 Business Park Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 12 2014 TBD APN # • PA14-0128 Norris Pumkin and Xmas trees 961010036 KENNY TAYLOR A Major Temporary Use Permit to allow pumpkin patch from October 1st to October 31st and Christmas tree sales from November 22nd to December 24th, seven days a week from 9 a.m. to 9 p.m., located at 31309 Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 16 2014 TBD • PA14-0135 TABU Sushi Bar and Grill CUP APN # 922046010 JAMES ATKINS A Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (Special Use - General) for Tabu Sushi Bar and Grill, a full-service restaurant serving sushi, traditional Japanese food, steak, and other seafood dishes. The site is located at 28693 Old Town Front Street, Suite 101 and 102. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 23 2014 TBD • PA14-0140 The Vineyard Model Home APN # 957130001 JAMES ATKINS A model home complex and sales office (Major Temporary Use Permit) for The Vineyard (formerly Walcott Estates) on lots 39, 40 & 41(with lot 38 being used as the parking lot) located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos (APNs: 957-170-032; 033; 034 and 036). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 272014 TBD APN # 4 of 6 Planning Agenda Report 6/1/2014 through 6/30/2014 • PA14-0147 Promenade Mall Pumpkin Patch 910420030 KENNY TAYLOR A Major Temporary Use for a pumpkin patch to be operated from September 26th to October 31st 2014 between the hours of 10:00 a.m. to 9:00 p.m. daily. The event will also include inflatables, a petting zoo, tractor rides, an obstacle course, face painting, music, DJ, kiddie zippy ride, carnival games, and food. The event site is located within the south east parking area of the Promenade Mall near Edwards Cinema at 40820 Winchester Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 2 2014 TBD • PA14-0058 Comfort Suites DP APN # 921070011 ERIC JONES A Development Plan to construct a three story 54 room Comfort Suites Hotel within the Old Town Specific Plan area. The hotel will total 31,270 square feet and will be located at 41841 Moreno Road. Amenities will include an indoor heated swimming pool, fitness room and business center. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 18 2014 TBD APN # • PA14-0051 Roripaugh Ranch DDA 964180004 STUART FISK A modification to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for the Roripaugh Ranch Specific Plan, generally located along the north and south sides of Murrieta Hot Springs Road and on the east and west sides of Butterfield Stage Road, surrounding the intersection of Murrieta Hot Springs Road and Butterfield Stage Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 52014 TBD • PA14-0050 WolfCreek TTM APN # 962010007 ERIC JONES A Tentative Tract Map (TTM No. 36675) for 174 residential condominium units located on the southeast corner of Pechanga Parkway and Wolf Valley Road Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 5 2014 TBD • PA13-0249 TCI Development Agreement APN # 922220002 MATTHEW PETERS A Development Agreement application for the Temecula Creek Inn project, which includes a Specific Plan, General Plan Amendment, Tentative Tract Map and Development Plan to expand Temecula Creek Inn into a master -planned 18 -hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms (active adult option on 126 units) and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 include a maximum 409 single family and multi -family residential units ranging in size from 1,600 to 4,300 square feet. Related Cases PA08-0118, PA08-0119, PA08-0120, PA08-0121 (APNs 922- 220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 22 2013 11/14/2013 TBD • PA14-0099 Roripaugh Ranch DA 0M7 5 of 6 APN # 964460002 STUART FISK Planning Agenda Report 6/1/2014 through 6/30/2014 An Operating Memorandum (0M7) for the Roripaugh Ranch Specific Plan Development Agreement to document the terms and timing of development and City acceptance of the park in Planning Area 6 of the Roripaugh Ranch Specific Plan. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 2 2014 TBD APN # • PA14-0023 River Springs Charter School 921310017 KENNY TAYLOR A Minor Conditional Use Permit to allow River Springs Charter School to occupy an existing 27,500 square foot building for charter school educational services for adolescent students Kindergarten thru 8th grade at 4215 Lyndie Lane (Related Application: TUP PA14-0028). Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 5 2014 TBD • PA10-0213 Simms TTM APN # 945120001 ERIC JONES A Tentative Tract Map application to create 7 residential lots from 4 lots with lot size ranging from 2.66 acres to 3.62 net acres on vacant property generally located on the south side of Santiago Road, approximately 1,500 feet east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA10-0348 Linfield TTM 36098 APN # 955020006 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size from 2.52 to 6.63 acres. The project site is located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 TBD 6 of 6 PAI2-0131 F 2=0133 Al2-0132 PAI 24)134 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Geographic Information Systems Item No. 19 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: July 22, 2014 SUBJECT: Police Department Monthly Report PREPARED BY: Israel Sosa, Deputy RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of June 2014. PATROL SERVICES Overall calls for police service 2,907 "Priority One" calls for service 47 Average response time for "Priority One" calls 6.60 Minutes VOLUNTEERS Volunteer administration hours 197 Special Events hours 269 Community Action Patrol (CAP) hours 1,081 Reserve officer hours (patrol) 54 Training hours 88 Total Volunteer hours 1259 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 7/3 Residential/Business security surveys conducted 10/0 Businesses visited 5 Residences/Businesses visited for past crime follow-up 3/0 Station Tour 3 Planning Review Projects/Temp Outdoor Use Permits 6/6 Square Footage of Graffiti Removed 1,284 OLD TOWN STOREFRONT Total customers served 297 Sets of fingerprints taken 75 Police reports filed 8 Citations signed off 21 Car Seat Inspections 0 Total receipts $2,909.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 12 On sight misdemeanor arrests 17 Felony arrest warrants served 3 Misdemeanor arrest warrants served 5 Follow-up investigations 6 Parole/Probation Searches 5/24 Pedestrian Checks 33 Traffic Stops/Vehicle Checks 33 Crime Free Housing Checks 44 TRAFFIC Citations issued for hazardous violations 981 Grant funded D.U.I. / Traffic safety checkpoints 1 Grant funded traffic click it or ticket 0 D.U.I. Arrests 19 Non -hazardous citations 397 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 77 Neighborhood Enforcement Team (N.E.T.) citations 121 Parking citations 176 School Zone 6 Seatbelts 21 Cell Phone Cites 133 Injury collisions 34 INVESTIGATIONS Beginning Caseload 200 Total Cases Assigned 61 Total Cases Closed 71 Search Warrants Served 19 Arrests 3 PROMENADE MALL TEAM Calls for service 697 Felony arrest/filings 10 Misdemeanor arrest/filings 10 Traffic Citations 17 Fingerprints/Livescans 217 Total receipts $8,246.00 SCHOOL RESOURCE OFFICERS Felony arrests 0 Misdemeanor arrests 1 Reports 3 Youth counseled 44 Meetings 19 Item No. 20 Approvals City Attorney Finance Director City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: July 22, 2014 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS Interstate -15 / State Route 79 South Ultimate Interchange, PW04-08 Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South $50,778,033 • Project is fully funded • Plans are 95% complete, expect to be 100% by October 2014 • Anticipate bidding electronically via the on - line bidding service, PlanetBids, in March 2015 • Anticipate construction will begin in August 2015 Fire Station 73 Living Quarters Upgrade, PW13-07 Improvements to living and sleeping quarters to accommodate staff $1,637,000 • Design phase will be complete by October 2014 • Construction to begin the first quarter of 2015 Pauba Road Sidewalks, PW13-08 Construction sidewalk along Pauba Road from just east of La Primavera to Ynez Road $488,400 • Currently in Design phase • Anticipate bidding electronically via the on - line bidding service, PlanetBids, in August 2014, pending environmental approval Senior Citizen Outdoor Fitness Lot, PW12-05 Design and development of an outdoor exercise area for mature adults located at the Margarita Community Park $89,800 • Anticipate scheduling a Parks and Recreation Ad Hoc Subcommittee Meeting in August 2014 • Anticipate posting an RFP for design services electronically via the on-line bidding service, PlanetBids, in September 2014 Special Needs Playground, PW12-02 Install play structure for youth and special needs kids at Margarita Park $1,362,150 • Currently in Construction phase and anticipate being complete in September 2014 Temecula Community Center Renovation, PW12-01 Renovate and upgrade the building to current building codes and standards $2,330,400 • Facility was opened on July 7, 2014 for Temecula Community Services District (TCSD) classes • TCSD anticipates scheduling a Ribbon Cutting ceremony in August 2014 Temecula Park and Ride, PW06-09 Park and ride facility on Temecula Parkway at La Paz $2,464,093 • Anticipate bidding electronically via the on - line bidding service, PlanetBids, in March 2015 • Project is a Transportation Control Measure (TCM) and must be completed by December 31, 2015 Theater Remediation, PW12-04 Addresses design and construction deficiencies $3,857,558 • Will re -bid electronically via the on-line bidding service, PlanetBids, in Fall 2014 • Anticipate construction will begin in March 2015 YMCA Repair and Remediation, PW12-10 Remediate the old YMCA building and correct construction defects $1,537,500 • Anticipate bidding electronically via the on - line bidding service, PlanetBids, in September 2014 • Anticipate construction will begin in Winter 2014 7/22/14 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT PROJECT NAME BRIEF DESCRIPTION ESTIMATED/CURRENT MILESTONES LAND DEVELOPMENT PROJECTS Halcon Rojo (PA12-0226) Major Modification to allow a reduction in the number of buildings to two structures, located north of Temecula Parkway and approximately 400 feet east of Jedediah Smith Road • Currently in Construction • Right of Way improvements required • Grading and storm drain improvements are on - going EDISON (Utility Project) Change out one Edison Vault located at Solana Way and west off Del Rey Road • Start date was May 2014 • Estimated completion date is end of July 2014 EMWD (Utility Project) Old Town Sewer Project located at Old Town Front Street and Moreno to First Street • Presentation given by EMWD at the City Council meeting on July 8, 2014 • Construction is estimated to begin in September 2014 EMWD (Utility Project) Bore pits at Diaz Road and Alvarado for new forced main • Start date was May 2014 • Rio Nedo bore pits were complete on July 11, 2014, followed by final pavement repair work RCWD (Utility Project) Repeater Antennas for meter reading at ten locations throughout the City • Start date was May 2014 • Estimated completion date is August 2014 EDISON (Utility Project) Replace three leaning power poles on the east side of Ynez Road, south of Ynez Court • Start date was July 14, 2014 • Estimated completion date is end of July 2014 7/22/14 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED / CURRENT MILESTONES MAINTENANCE PROJECTS Citywide Concrete Repairs (Street Maintenance) Remove and replace damage damaged and/or raised concrete at various locations throughout the City $479,500 • Estimated start date is September 2014 • Estimated completion date is January 2015 Community Recreation Center (CRC) Exterior Door Replacement (Facility Maintenance) Replace all exterior entry and exit doors, frames, closers, and panic hardware $81,000 • Start date was June 15, 2014 • Completed on June 30, 2014 Ronald Reagan Sports Park / Temecula Park Parking Lot Repairs (Park Maintenance) Remove and replace damaged areas; grind and overlay; and, restripe $180,000 • Estimated start date is end of July 2014 • Estimated completion date is September 2014 Citywide Slurry Project (Street Maintenance) Slurry seal, crack fill, and stripe various streets throughout the City $1,400,000 • Bid Opening July 10, 2014 • Estimated City Council approval of Contract is July 22, 2014 • Estimated construction start date is August 2014 • Estimated completion date is October 2014 Margarita Community Park Gazebo Relocation (Park Maintenance) Remove the gazebo and install at the Nicolas Road Park (displaced by the Special Need Playground project). $25,000 • Start date was June 23, 2014 • Completed on July 7, 2014 7/22/14 REQUESTS TO SPEAK I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) c_ \--\-eay.Th Agenda Item No. /5— For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and tate yo name for the record.1— ..,S / Name: Address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: y d /e" 5 iD �T OG L-tik4L 7—)1-'2-r3 L, v .1) Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: f�lii1/L Address: Phone Number: / � ! If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.