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HomeMy WebLinkAbout081214 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 AUGUST 12, 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: 14-48 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Elizabeth Monacelli and Teri Niebell Invocation: Pastor Gary Martin Flag Salute: Boy Scouts Troop #384 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Recognition of Dennis "Denny" Wenker 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 22, 2014. 3 List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of June 30, 2014 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of June 30, 2014. 5 City of Temecula City Flag Policy/Administrative Guidelines (At the Request of Mayor Edwards) 2 RECOMMENDATION: 5.1 That the City Council receive and file City of Temecula City Flag Policy/Administrative Guidelines. 6 Agreement with HDL Coren & Cone, Inc. for Property Tax Consulting Services RECOMMENDATION: 6.1 That the City Council approve a three-year Agreement with HDL Coren & Cone, Inc. for property tax consulting services in the amount of $21,000 annually, for a total three-year contract amount of $63,000. 7 Agreement with Chad Wohlford dba Wohlford Consulting for Cost Allocation Plan and User Fee Study RECOMMENDATION: 7.1 Approve an Agreement with Chad Wohlford dba Wohlford Consulting to conduct a Full Cost of Service Study, including a Cost Allocation Plan and a User Fee Study in the amount of $41,750; 7.2 Authorize the City Manager to approve contingency in the amount of $4,175 which is equal to 10% of the agreement amount; 7.3 Authorize the appropriation of $45,925 from undesignated general fund reserves to the Finance Department Operating Budget. 8 Resolution in Support of the Release of Marine Sergeant Andrew Tahmooressi (At the Request of Council Member Naggar) RECOMMENDATION: 8.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF ASSEMBLYWOMAN MELISSA MELENDEZ'S LETTER URGING THE PRESIDENT OF THE UNITED STATES TO ACTIVELY PURSUE THE TIMELY RELEASE OF MARINE SERGEANT ANDREW TAHMOORESSI 9 Seventh Operating Memorandum for Roripaugh Ranch RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: 3 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THREE AGREEMENTS FOR THE ACQUISITION AND CONSTRUCTION OF THE 5.1 ACRE NEIGHBORHOOD PARK IN PLANNING AREA 6 OF THE RORIPAUGH RANCH PROJECT: (1) THE SEVENTH OPERATING MEMORANDUM; (2) THE PARK IMPROVEMENT AGREEMENT FOR CONSTRUCTION OF THE PARK; AND (3) THE PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF THE PARK SITE, AND MAKING FINDINGS RELATING TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 10 Fourth Amendment to the Agreement with Interwest Consulting Group for the Provision of Building Inspector Services RECOMMENDATION: 10.1 That the City Council approve the Fourth Amendment to the Agreement with Interwest Consulting Group, in the amount of $20,000, for the provision of Building Inspector Services, for a total agreement amount of $73,100. 11 Professional Services Agreement with LaBelle Marvin, Inc. for Citywide Slurry Seal Fiscal Year 2014-15, PW14-06 RECOMMENDATION: 11.1 Approve the Agreement for professional services with LaBelle Marvin, Inc., in the amount of $60,085, for material testing services for Citywide Slurry Seal Fiscal Year 2014-15, PW 14-06; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $6,008.50, which is equal to 10% of the agreement amount. 12 Temporary Street Closures for 2014 Autumnfest Events RECOMMENDATION: 12.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2014 Autumnfest Events: SATURDAY NIGHT MOVIE CLASSICS TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL HEALTH & COMMUNITY RESOURCE FAIR/SALUTE TO HEROES TEMECULA VALLEY CENTURY RIDE KOMEN RACE FOR THE CURE GREEK FESTIVAL 4 13 Purchase and Sale Agreements and a Temporary Construction Easement in Connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THREE AGREEMENTS FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS AND A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT 13.2 Authorize the City Manager to approve and execute any necessary documents, and to take all necessary actions to complete these real estate transactions, including without limitations, all escrow instructions. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 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. 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of July 22, 2014. 15 Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) RECOMMENDATION: 15.1 That the Board of Directors approve the Sponsorship Agreement with Safe Alternatives for Everyone, Inc., in the amount of $10,000 cash and approximately $1,200 of in-kind facility rental fees, so that S.A.F.E. can provide our community with quality services for children, youth, and families who have experienced or are at risk of abuse and violence. 6 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 26, 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 TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 8 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 16 General Plan Amendment, Zone Change to PDO (L - Low Density Residential and OS - Open Space), Tentative Tract Map 36479, Home Product Review, and Mitigated Negative Declaration under the California Environmental Quality Act for Arbor Vista in Nicolas Valley (Planning Application Nos. PA12-0131, PA12-0132, PA12-0133, and PA12-0134) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO FOR CLUSTERING AND OPEN SPACE; A TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) 16.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0131, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL AND OPEN SPACE (OS) ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350- 017, 018, 019, 020) 9 16.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0132, ADDING SECTIONS 17.22.254 THROUGH 17.22.266, INCLUSIVE, PDO -13 ARBOR VISTA PLANNED DEVELOPMENT OVERLAY, TO CHAPTER 17.22 OF THE TEMECULA MUNICIPAL CODE AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO - 13, ARBOR VISTA PLANNED DEVELOPMENT OVERLAY DISTRICT) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT AND OPEN SPACE ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (OS) (APNS 919-350-017, 018, 019, 020) 16.4 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0133, TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 GROSS ACRES INTO 83 LOTS AND ASSOCIATED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) 16.5 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0134, A HOME PRODUCT REVIEW APPLICATION FOR ARBOR VISTA LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350- 017, 018, 019, 020) CITY COUNCIL BUSINESS 17 2015 Temecula Rod Run Planning and Implementation RECOMMENDATION: 17.1 Approve the planning and implementation of the 2015 Temecula Rod Run to be handled by City staff within the Community Services Department; 17.2 Discuss the provision of the City's Corporate Sponsorship Program that requires fifty percent (50%) of any and all sponsorship funds collected in conjunction with the 2015 Temecula Rod Run to be allocated to the City's Community Service Funding Account and determine whether to waive or retain or otherwise adjust this provision with respect to the 2015 Temecula Rod Run. 10 18 Ordinance Amending the City of Temecula's "Stormwater and Urban Runoff Management and Discharge Controls" (Ordinance No. 12-05) RECOMMENDATION: 18.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.28.500 OF CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE RELATING TO STORMWATER AND URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS AND FINDING THAT ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) OF THE STATE CEQA GUIDELINES CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, August 26, 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.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 11 PRESENTATIONS r -I City of Temecula Certiflcate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula in remembrance of: Dennis Wenker Dennis "Denny" Wenker served as a law enforcement officer for over 36 years. In August 1977, Investigator Wenker began his career with the Perris Police Department, and served until his transition in April 1996 to the Riverside County Sherriff's Department as a deputy sheriff. Investigator Wenker continued serving as a deputy sheriff at the Riverside County Sheriff's Department Perris Station until his promotion to investigator on December 31, 1998. Upon this promotion, Investigator Wenker was assigned to the Southwest Station of the Temecula Police Department; then in May 2012 was promoted to the rank of lead investigator and proudly served the citizens of Temecula for over 15 years. Investigator Wenker's dedication to duty was recognized throughout his career, and most recently in April 2013 he received a Lifetime Achievement Award from the Riverside Law Enforcement Appreciation Committee, an organization which recognizes outstanding work and distinguished public safety service from the law enforcement communities within the County of Riverside. Investigator Wenker's commitment to professionalism and excellence contributed greatly to improving quality of life and public safety for the citizens of Temecula. The City of Temecula would like to pay tribute to Investigator Dennis Wenker for his contributions, and years of service as a law enforcement officer. As Mayor, I am proud to present this Certificate of Recognition to the family of Dennis Wenker and am grateful for his service in the City of Temecula and neighboring communities. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twelfth day of August, 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 22, 2014 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Joshua Bondoc, Samuel Bondoc, Joseph Campbell, and Susan Miyamoto Invocation: Sylvester Scott of Baha'i Community of Temecula Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Roberts (Absent), Washington, Edwards PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Charlotte Fox Certificate of Congratulations to Jack and Linda Williams — Richie's Real American Diner PUBLIC COMMENTS The following individual addressed the City Council: • Chuck Rear CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 072214 1 2 Action Minutes — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. RECOMMENDATION: 2.1 Approve the action minutes of July 8, 2014. 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-45 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 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. 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. 5 Sponsorship Agreement with Temecula Valley International Film and Music Festival for 2014 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. 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. Action Minutes 072214 2 6 Marketing Agreement with Temecula Valley Convention & Visitors Bureau for Fiscal Year 2014-15 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. 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 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. 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 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. 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) — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. Action Minutes 072214 3 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; 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 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 14-46 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 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. 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 Action Minutes 072214 4 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 At 7:23 P.M., the City Council recessed and convened to the Temecula Community Services District and Temecula Public Financing Authority Meetings. At 7:30 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 15 Weed Abatement Lien Resolution for Fiscal Year 2013-14 — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-47 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 Community Development Director Armando Villa provided a brief presentation regarding the item as set forth in the agenda materials. The following individuals spoke in regards to this item: • Wayne Hall CITY COUNCIL BUSINESS 16 Selection of Member to Serve on the Diaz Property Ad Hoc Subcommittee — Approved Staff Recommendation (4-0-1, Council Member Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Comerchero, Naggar, Washington and Edwards with Council Member Roberts absent. Action Minutes 072214 5 RECOMMENDATION: 16.1 That the City Council appoint a member of the City Council to serve on the Diaz Property Ad Hoc Subcommittee. CITY MANAGER REPORT (None) CITY ATTORNEY REPORT (None) ADJOURNMENT At 7:45 P.M., the City Council meeting was formally adjourned to 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. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Action Minutes 072214 6 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 August 12, 2014 List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Pam Espinoza, 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 $ 11,505,806.82. 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 12th day of August, 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 12th day of August, 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 07/10/2014 TOTAL CHECK RUN $ 5,374,652.73 07/17/2014 TOTAL CHECK RUN 4,448,695.77 07/24/2014 TOTAL CHECK RUN 1,216,782.83 07/17/2014 TOTAL PAYROLL RUN: 465,675.49 TOTAL LIST OF DEMANDS FOR 08/12/2014 COUNCIL MEETING: $ 11,505,806.82 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 5,762,149.07 135 BUSINESS INCUBATOR RESOURCE 953.23 140 COMMUNITY DEV BLOCK GRANT 3,675.72 165 SARDA AFFORDABLE HOUSING 12,055.34 170 MEASURE A FUND 28,999.96 190 TEMECULA COMMUNITY SERVICES DISTRICT 333,411.14 192 TCSD SERVICE LEVEL B 80,339.48 194 TCSD SERVICE LEVEL D 3,057,329.99 196 TCSD SERVICE LEVEL 'U' LAKE PARK MAINT. 24,935.05 197 TEMECULA LIBRARY FUND 22,394.34 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,126,485.73 300 INSURANCE FUND 232,254.46 320 INFORMATION TECHNOLOGY 95,368.77 330 CENTRAL SERVICES 21,915.16 340 FACILITIES 43,876.46 375 SUMMER YOUTH EMPLOYMENT PROGRAM 145.58 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 2,464.00 473 CH.) 03-1 CROWNE HILL DEBT SERVICE FUND 2,464.00 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 1,655.50 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 2,464.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 2,464.00 477 CH)- RORIPAUGH 2,464.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 9,031.59 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 7,872.41 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 3,970.89 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 413.91 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 4,944.81 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,988.03 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 3,755.71 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 22,317.31 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 147.58 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 739.25 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 175.95 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,468.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 6,718.27 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,818.47 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 793.28 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 898.62 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 327.05 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 6,507.58 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,881.76 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 37,319.64 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 15,368.15 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 351.92 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 498.50 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 10,764.57 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,439.82 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 840.79 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 867.43 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 29,015.07 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3,629.21 $ 11,040,131.33 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 273,823.05 140 COMMUNITY DEV BLOCK GRANT 2,355.64 165 SARDA AFFORDABLE HOUSING 4,889.43 190 TEMECULA COMMUNITY SERVICES DISTRICT 132,349.15 192 TCSD SERVICE LEVEL B 246.11 194 TCSD SERVICE LEVEL D 2,085.22 196 TCSD SERVICE LEVEL "I1' LAKE PARK MAINT. 508.52 197 TEMECULA LIBRARY FUND 975.18 300 INSURANCE FUND 2,381.04 320 INFORMATION TECHNOLOGY 25,265.80 330 SUPPORT SERVICES 6,319.75 340 FACILITIES 11,178.03 375 SUMMER YOUTH EMPLOYMENT PROGRAM 712.71 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 95.02 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 63.72 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 75.85 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 13.78 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 153.38 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 27.73 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 39.40 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 260.61 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.68 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.78 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 8.03 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 173.92 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 37.03 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 21.45 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 18.71 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 43.24 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.75 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 161.08 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 86.13 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 233.72 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 395.51 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.44 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.34 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 222.28 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 71.62 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.26 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.34 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 327.80 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.26 465,675.49 TOTAL BY FUND: $ 11,505,806.82 apChkLst Final Check List Page: 1 07/10/2014 12:59:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2475 07/03/2014 000246 PERS (EMPLOYEES' PERS ER PAID MEMBER CONTR RETIREMENT) PAYMENT Amount Paid Check Total 144,116.97 144,116.97 2480 07/10/2014 000621 WESTERN RIVERSIDE June 2014 TUMF Payment 127,063.00 127,063.00 COUNCIL OF 2481 07/10/2014 000246 PERS (EMPLOYEES' FY 14/15 Employees Pers Retirement 3,003,237.00 3,003,237.00 RETIREMENT) 165544 07/10/2014 004973 ABACHERLI, LINDI TCSD instructor earnings 595.00 595.00 165545 07/10/2014 000733 ABBEY PARTY RENTS Equipment rental:butterfield stage rd 884.73 884.73 165546 07/10/2014 004802 ADLERHORST INTERNATIONAL Jun 14 training & supplies:police K-9 283.34 283.34 INC 165547 07/10/2014 001517 AETNA BEHAVIORAL HEALTH, Jul 14 Employee assistance prgm 664.40 664.40 LLC 165548 07/10/2014 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 170.00 170.00 165549 07/10/2014 009787 ALTEC INDUSTRIES INC VEHICLE MAINT SRVCS:PW TRAFFIC 2,593.74 2,593.74 DIV 165550 07/10/2014 002527 AMERICAN FLAG AND BANNER City of Temecula flags - six 1,684.80 1,684.80 165551 07/10/2014 004240 AMERICAN FORENSIC NURSES Jul 14 Phlebotomy srvcs:temecula pd 1,248.00 1,248.00 (AFN) 165552 07/10/2014 000747 AMERICAN PLANNING TRAINING:PLANNING DEPT 9/13-9/16 5,025.00 5,025.00 ASSOCIATION 165553 07/10/2014 000747 AMERICAN PLANNING Planning publictns: CA inland empire sec 105.00 105.00 ASSOCIATION 165554 07/10/2014 002187 ANIMAL FRIENDS OF THE May 14 Animal control srvcs:temecula 10,000.00 10,000.00 VALLEYS 165555 07/10/2014 015471 ARGUS GROUP HOLDINGS, Gas Monitor Test Gas: Sta 73 256.31 256.31 LLC Page:1 apChkLst Final Check List Page: 2 07/10/2014 12:59:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165556 07/10/2014 001323 ARROWHEAD WATER INC 5/23-6/22 water delivery svcs:foc 113.06 5/23-6/22 water delivery svcs:aquatics 75.44 5/23-6/22 water delivery svcs:crc 64.23 5/23-6/22 water delivery svcs:library 56.67 5/23-6/22 water delivery svcs:ot theater 43.89 5/23-6/22 water delivery svcs:chaparral 39.26 5/23-6/22 water delivery svcs:pbsp 36.00 5/23-6/22 water delivery svcs:hist musem 19.45 5/23-6/22 water delivery svcs:harveston 17.61 5/23-6/22 water delivery svcs: c musem 17.29 5/23-6/22 water delivery svcs:skate park 6.47 489.37 165557 07/10/2014 006254 BALLET FOLKLORICO TCSD Instructor Earnings 273.00 TCSD Instructor Earnings 252.00 525.00 165558 07/10/2014 015592 BAMM PROMOTIONAL work hats: pw street maint 432.00 PRODUCTS, INC Departmental shirts: land dev division 155.35 587.35 165559 07/10/2014 013482 BAS SECURITY Jun 14 Security: Harveston Lake Park 1,428.00 1,428.00 165560 07/10/2014 012583 BLANCAY PRICE APR 14 LDSCP PLAN CHECK & 9,410.00 9,410.00 INSPCTN SRVCS 165561 07/10/2014 000128 BROWN & BROWN INSURANCE 14/15 cna surety:Adams, A. 71373267 350.00 Insurance policy change 05/15/14 16.00 366.00 165562 07/10/2014 006908 C C & COMPANY INC Peri: face painter clowns 07/04/14 1,200.00 Entertainment:summer day camp pgrm 950.00 Performance:face painting 7/10/14 250.00 2,400.00 165563 07/10/2014 005321 CALIF ASSOC OF CODE CACEO registration:code enforce Ching, 50.00 50.00 M 165564 07/10/2014 001054 CALIF BUILDING OFFICIALS Training:b&s inspectors & techs 1,320.00 1,320.00 165565 07/10/2014 006485 CALIF DEPT OF ENVIRON EPA generatorfees:CH/CRC/stn84/stn95 800.00 800.00 PROTEC 165566 07/10/2014 017048 CALIF STATE FIRE TRAINING Certification: Wigle, Elsa ID#10010781 130.00 130.00 165567 07/10/2014 017048 CALIF STATE FIRE TRAINING Certification: Larson, Lorri 130.00 130.00 165568 07/10/2014 004971 CANON FINANCIAL SERVICES, Jul 14 Copier Lease - Civic Center 3,004.54 3,004.54 INC Page2 apChkLst Final Check List Page: 3 07/10/2014 12:59:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165569 07/10/2014 012627 CLEAR IMAGE ENTERPRISES window cleaning srvcs: library 2,585.00 2,585.00 INC 165570 07/10/2014 013286 CONNEXON TELECOM INC JULY ENTERPRISE 911 SVC: IT 250.00 250.00 165571 07/10/2014 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: civic center 713.88 DIST. MISC ELECTRICAL SUPPLIES PUBLIC LII 690.66 misc electrical supplies: old town 480.60 misc electrical supplies: civic center 140.40 misc. electrical supplies: ot parking 90.72 MISC ELECTRICAL SUPPLIES: TVE2 & F( 87.48 misc. electrical supplies: ot parking 6.48 2,210.22 165572 07/10/2014 001264 COSTCO TEMECULA #491 Misc supplies: Fire 58.32 58.32 165573 07/10/2014 004329 COSTCO TEMECULA #491 Program supplies: cultural events 460.35 MISC SUPPLIES:4TH OF JULY PARADE 152.19 612.54 165574 07/10/2014 002631 COUNTS UNLIMITED INC Count data collection srvcs: traffic div 1,715.00 1,715.00 165575 07/10/2014 010650 CRAFTSMEN PLUMBING & emerg plumbing srvcs: crc 890.00 890.00 HVAC INC 165576 07/10/2014 003272 DAISY WHEEL RIBBON Plotter paper & ink : Library 1,991.52 1,991.52 COMPANY INC 165577 07/10/2014 003945 DIAMOND ENVIRONMENTAL 6/16-7/13 portable rstrm svcs:GOHS 52.80 SRVCS 165578 07/10/2014 016992 DOCKERY, STEVEN 165579 07/10/2014 016756 DOCTOR'S NUTRITIONAL PRODUCTS 6/09-7/06 portable rstrm svcs:gen 52.80 6/09-7/06 portable rstrm svcs:riverton 52.80 158.40 refund:sec dep:Amphitheater 200.00 200.00 Food supply:police K-9 unit 82.80 82.80 165580 07/10/2014 017044 DODD, JOYCE Performance:The Parrot People 200.00 200.00 Page3 apChkLst Final Check List Page: 4 07/10/2014 12:59:11 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165581 07/10/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS 165582 07/10/2014 002390 EASTERN MUNICIPAL WATER DIST (Continued) Description Fuel for City vehicles: pw/b&S Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: pw/b&s bldg inspectors pw traffic bldg inspectors tcsd planning & code pw code enforcement temecula pd Jun water meter:32131 S Loops rd Idsc Jun water meter:32131 S Loop rd bldg Jun water meter:32131 S Loop rd dcda 165583 07/10/2014 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings AILEEN 165584 07/10/2014 000395 ECONOMIC DEVELOPMENT CORP TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Connectory Participation 2013-2014 165585 07/10/2014 004829 ELLISON WILSON ADVOCACY Jul 14 state legis cnsltng svcs: cm LLC 165586 07/10/2014 001056 EXCEL LANDSCAPE, INC. Idscp rehabilitation:wolf creek slope landscape rehab:saddlewood slope landscape rehabilitation:crc landscape rehab & repair:signet series landscape improvements: foc landscape rehabilitation:harveston slope landscape rehab:woodcrest slope landscape rehab:harveston comm park irrigation repair srvcs:various medians irrigation repair srvcs:various medians irrigation and Idscp repairs: var parks 165587 07/10/2014 015330 FAIR HOUSING COUNCIL Jun 14 Fair housing srvcs:cdbg funding Amount Paid Check Total 1,407.57 1,309.42 415.56 341.21 293.80 275.95 185.22 152.04 151.19 87.09 246.91 85.51 42.00 393.75 283.50 267.75 236.25 220.50 220.50 204.75 204.75 173.25 157.50 157.50 2,500.00 3,500.00 13,300.00 6,575.00 2,760.00 2,000.00 1,265.00 960.00 720.00 260.00 249.46 221.72 192.60 4,619.05 374.42 2,520.00 2,500.00 3,500.00 28,503.78 267.80 267.80 Page:4 apChkLst 07/10/2014 12:59:11 PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165588 07/10/2014 000380 FIRST STUDENT CHARTER 165589 07/10/2014 016184 FUN EXPRESS, LLC 165590 07/10/2014 013552 GANDS PRODUCTIONS LLC 165591 07/10/2014 000177 GLENNIES OFFICE PRODUCTS INC 165592 07/10/2014 014405 GORM INCORPORATED 165593 07/10/2014 014402 GROEPPER, BROOKE ELIZABETH 165594 07/10/2014 000186 HANKS HARDWARE INC 165595 07/10/2014 006250 HAZ MAT TRANS INC 165596 07/10/2014 012204 HERITAGE FAMILY MINISTRIES 165597 07/10/2014 017046 HERRERA, DEBORAH 165598 07/10/2014 013695 INLAND EMPIRE SHRED IT 165599 07/10/2014 013200 JAROTH INC 165600 07/10/2014 015673 JDS VIDEO & MEDIA PRODUCTIONS (Continued) Description Transportation:day camp excursions Transportation:Summer Day Camps MISC SUPPLIES:DAY CAMP & CRC EVENTS MISC SUPPLIES:DAY CAMP & CRC EVEN Settlement:Country...Merc 07/05/14 Jun 14 misc office supplies: supp svcs Jun 14 Misc office supplies: city clerk Jun 14 Misc office supplies: Sports Jun 14 misc office supplies: PW Jun 14 misc office supplies: support JUN 14 OFFICE SUPPLIES: INFO TECH JUN 14 MISC OFFICE SUPPLIES: ECON [ Jun 14 Misc office supplies: Aquatics Jun 14 Misc office supplies: Fire misc custodial supplies: var park sites TCSD instructor earnings Jun 14 mist maint supplies: pw Jun 14 misc maint supplies: facilities Jun 14 misc maint supplies: PW Jun 14 misc maint supplies: PW JUN 14 MISC MAINT SUPPLIES: FIRE Jun 14 misc maint supplies: fire Jun 14 Misc hardware supplies:code enf haz mat disposal srvcs: public works haz mat disposal srvcs: public works TCSD Instructor Earnings TCSD Instructor Earnings partial refund:sec dep:rm SHRED SRVCS:TEMECULA POLICE July pay phones:Library, CRC Video production srvcs:eco dev Amount Paid Check Total 506.26 375.94 166.40 40.00 994.50 444.08 434.29 296.87 288.94 272.11 262.66 255.14 89.66 41.47 1,101.60 2,142.00 3,542.44 1,341.33 655.56 339.28 315.93 94.63 26.44 2,240.92 658.00 2,953.13 2,551.50 150.00 15.00 152.64 882.20 206.40 994.50 2,385.22 1,101.60 2,142.00 6,315.61 2,898.92 5,504.63 150.00 15.00 152.64 850.00 850.00 Page:5 apChkLst Final Check List Page: 6 07/10/2014 12:59:11 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165601 07/10/2014 003605 LAKE ELSINORE STORM 165602 07/10/2014 014817 LAPP, JEREMY SCOTT 165603 07/10/2014 016110 LDCO, INC. 165604 07/10/2014 000482 LEIGHTON CONSULTING INC 165605 07/10/2014 004905 LIEBERT, CASSIDY & WHITMORE 165606 07/10/2014 015959 MEHEULA MUSIC 165607 07/10/2014 015955 METRO FIRE & SAFETY, INC. 165608 07/10/2014 004043 MISSION ELECTRIC SUPPLY, INC 165609 07/10/2014 004040 MORAMARCO, ANTHONY, J. 165610 07/10/2014 005872 MUNICIPAL INFO SYS ASSN OF CAL 165611 07/10/2014 000254 PRESS ENTERPRISE COMPANY INC 165612 07/10/2014 012904 PROACTIVE FIRE DESIGN 165613 07/10/2014 004457 R J NOBLE COMPANY 165614 07/10/2014 002176 RANCHO CALIF BUS PK ASSOC 165615 07/10/2014 011853 RANCON COMMERCE CNTR PH2,3&4 (Continued) Description Entry tickets:mom/son date night event Settlement:Cabaret...Merc 06/30/14 MAY CONST CONTRACT:TCC RENOVATION 2/1-6/1 soil/mat'I testing:main st May 14 soil testing srvcs for TCC: pw May 14 HR legal svcs:TE060-00001 Performances: Theater fire suppression inspects:civctr/library misc electrical supplies: senior center misc maintenance supplies: foc TCSD instructor earnings Promo items:4th of July event TCSD instructor earnings M.I.S.A.C. mbrshp:Heslin, M. 7/10/14-7/8/15 subscr 19575818 Pln 7/8/14-1/5/15 subscr 20864450 Supp Sry JUN PLAN REVIEW CONSULTANT:FIRE PREVENT! May c/o 1 -Rancho Ca Pavement Rehab Jul -Sept bus.park assn. dues:tve2 Jul -Sept bus.park assn. dues:diaz rd Jul -Sept bus.park assn. dues:foc Jul -Sept bus.park assn. dues:stn 73 Jul -Sept bus.park assn. dues:ovrind prjt Jul -Sept bus.park assn. dues:ovrind prjt Jul -Sept bus.park assn. dues:ovrind prjt Amount Paid Check Total 1,650.00 5,180.00 212,097.48 9,386.70 1,815.10 90.00 8,000.00 1,520.00 469.37 107.46 1,428.00 1,407.00 962.50 615.00 254.63 130.00 10,221.78 34,658.00 1,552.83 1,413.08 1,281.08 510.71 249.03 198.38 177.27 1,650.00 5,180.00 212,097.48 11, 201.80 90.00 8,000.00 1,520.00 576.83 3,797.50 615.00 384.63 10,221.78 34,658.00 4,246.99 1,135.39 Page:6 apChkLst Final Check List Page: 7 07/10/2014 12:59:11 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165616 07/10/2014 000406 RIVERSIDE CO SHERIFFS DEPT 165617 07/10/2014 000873 ROBERTS, RONALD H. 165618 07/10/2014 005329 SAFE ALTERNATIVE FOR EVERYONE 165619 07/10/2014 006176 SANTA ANA COLLEGE 165620 07/10/2014 006176 SANTA ANA COLLEGE 165621 07/10/2014 009213 SHERRY BERRY MUSIC 165622 07/10/2014 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total 5/1-28/14 law enforcement 1,637,571.36 1,637,571.36 Reimb:Rail Conference 6/15-6/20/14 1,165.36 1,165.36 FY 14/15 Council CSF grant 350.00 350.00 Prev 3A ID# 1375572 L.Larson 7/11-20 133.80 133.80 Prev 3A ID# 1241974 E.Wigle 7/11-20 133.80 133.80 Jazz @ the Merc 7/3 483.70 483.70 Jun 2-28-629-0507:30600 Pauba Rd 10,537.60 Jun 2-00-397-5042:43200 Bus prk dr 41 4,334.53 Jun 2-00-397-5067:TCSD svc lev C 2,623.74 Jun 2-31-536-3226:28690 Mercedes St 1,786.78 Jun 2-29-295-3510:32211 Wolf vly rd 1,684.54 Jun 2-31-404-6020:28771 OT front st 1,077.88 Jun 2-25-393-4681:41951 Moraga Rd 791.16 Jun 2-30-220-8749:45850 N Wolf crk dr 342.15 Jun 2-35-664-9053:29119 Margarita Rd 339.31 Jun 2-29-953-8082:31523 Wolf vly rd 29.49 Jun 2-29-953-8249:46497 Wolf crk dr 28.44 Jun 2-29-657-2332:45538 Redwood Rd 25.48 Jun 2-29-953-8447:31738 Wolf vly rd 25.30 23,626.40 165623 07/10/2014 001212 SO CALIF GAS COMPANY Jun 091-085-1632-0:41951 Moraga Rd 356.30 Jun 117-188-6393-6:32131 S Loop Rd 53.68 409.98 165624 07/10/2014 012652 SOUTHERN CALIFORNIA JUL GEN USAGE:0141,0839,2593,9306 493.84 493.84 165625 07/10/2014 005786 SPRINT May 26 - Jun 25 cellular usage/equip 4,989.88 4,989.88 165626 07/10/2014 016262 STEVE ADAMIAK GOLF TCSD Instructor Earnings 560.00 560.00 INSTRUCTION 165627 07/10/2014 004474 STREET TREE SIMINAR INC Deal w/Drought wkshp 7/24 Stacy Fox 110.00 110.00 165628 07/10/2014 010276 TIME WARNER CABLE Jul high speed internet:Civic Center 4,192.11 JUL HIGH SPEED INTERNET:LIBRARY 501.98 4,694.09 Page:7 apChkLst Final Check List Page: 8 07/10/2014 12:59:11 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165629 07/10/2014 000668 TIMMY D PRODUCTIONS INC (Continued) Description Sound srvcs:concert series 6/5,12,19,26 Sound srvcs:pops under the stars 6/28 sound srvcs:movies...park 6/13 & 6/20 165630 07/10/2014 017045 VILLANUEVA, RICKY partial refund:sec dep:rm Amount Paid Check Total 3,150.00 3,050.00 2,800.00 9,000.00 150.00 150.00 Grand total for UNION BANK OF CALIFORNIA: 5,374,652.73 Page:8 apChkLst Final Check List Page: 9 07/10/2014 12:59:11 PM CITY OF TEMECULA 90 checks in this report. Grand Total All Checks. 5,374,652.73 Page apChkLst Final Check List Page: 1 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2482 07/17/2014 010349 CALIF DEPT OF CHILD SUPPORT 2483 07/17/2014 000194 I C M A RETIREMENT -PLAN 303355 2485 07/17/2014 000444 INSTATAX (EDD) 2486 07/17/2014 000283 INSTATAX (IRS) 2487 07/17/2014 000389 NATIONWIDE RETIREMENT SOLUTION 2488 07/17/2014 001065 NATIONWIDE RETIREMENT SOLUTION 165631 07/17/2014 007186 AB MAILING SOLUTIONS 165632 07/17/2014 016764 ABM BUILDING SERVICES, LLC 165633 07/17/2014 017084 ACCUTEST DRUG ABUSE TESTING 165634 07/17/2014 005068 ADKISSON, CANDICE 165635 07/17/2014 016823 ADURI YOGA 165636 07/17/2014 014695 ALL AMERICAN MOTORSPORTS, INC 165637 07/17/2014 016065 AMERICAN DIGITAL CORPORATION 165638 07/17/2014 000747 AMERICAN PLANNING ASSOCIATION 165639 07/17/2014 008732 ANSWERBAND INC, THE 165640 07/17/2014 013950 AQUA CHILL OF SAN DIEGO Description SUPPORT PAYMENT I C M A RETIREMENT TRUST 457 PAYMENT STATE DISABILITY INS PAYMENT FEDERAL INCOME TAXES PAYMENT OBRA- PROJECT RETIREMENT PAYMENT NATIONWIDE RETIREMENT PAYMENT presort/address: Theater brochure Emerg HVAC repairs:civic center Emerg HVAC repairs:civic center lab test screening: HR Dept reimb: supplies for 4th of July event TCSD Instructor Earnings TCSD Instructor Earnings Bicycle maint:temecula police Feb & Mar ADC engineering svcs 14/15 APA membership:West, Dale Performance: summer concert series 7/24 Jul 14 water system svcs:jrc Jul 14 water system svcs:civic center Jul 14 water system svcs:mpsc Jul 14 Water sys srvcs:PD Amount Paid Check Total 1,512.44 4,399.45 25,086.49 89,325.18 5,788.46 10,625.06 1,190.00 550.88 266.86 50.00 71.11 201.60 336.00 442.80 3,552.00 400.00 1,800.00 27.00 176.04 33.48 27.00 1,512.44 4,399.45 25,086.49 89,325.18 5,788.46 10,625.06 1,190.00 817.74 50.00 71.11 537.60 442.80 3,552.00 400.00 1,800.00 263.52 Pagel apChkLst Final Check List Page: 2 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165641 07/17/2014 004623 AQUA SOURCE INC pool chlorination supplies: tes pool 165642 07/17/2014 001323 ARROWHEAD WATER INC 5/23-6/22 water delivery svcs:city mgr 5/23-6/22 water delivery svcs:tve2 165643 07/17/2014 007065 B & H PHOTO VIDEO INC Tax: misc audio visual equip/library MISC AUDIO VISUAL EQUIP:LIBRARY 165644 07/17/2014 004205 BALLET FOLKLORICO Presentation:TVM Ballet Folklorico Amount Paid Check Total 1,568.16 1,568.16 39.11 84.18 -92.33 1,246.37 100.00 165645 07/17/2014 013482 BAS SECURITY Security srvcs:CSD events & activities 161.00 Security srvcs:CSD events & activities 2,679.50 165646 07/17/2014 017086 BLAKE, AMANDA refund: picnic-ronald reagan park 55.00 165647 07/17/2014 014284 BLAKELY'S TRUCK SERVICE veh & equip repairs:pw street maint veh & equip repairs:pw street maint veh & equip repairs:pw street maint veh & equip repairs:pw street maint veh & equip repairs:pw street maint veh & equip repairs:pw street maint veh & equip repairs:pw street maint 165648 07/17/2014 014718 BURT, KRISTAA. TCSD Instructor Earnings 123.29 1,154.04 100.00 2,840.50 55.00 1,715.19 479.68 162.44 2,718.04 193.18 90.72 225.34 5,584.59 472.78 472.78 165649 07/17/2014 004462 C D W GOVERNMENT INC Monitor Mounts: Fire 837.96 Portable printer/paper:energov project 85.41 923.37 165650 07/17/2014 001035 C R & R INC Jan -Jun '14 trash hauling services 3,055,719.48 3,055,719.48 165651 07/17/2014 003138 CAL MAT asphalt material:citywide street repairs 122.29 122.29 165652 07/17/2014 004248 CALIF DEPT OF Fingerprinting srvcs:temecula police 59.00 59.00 JUSTICE-ACCTING 165653 07/17/2014 000152 CALIF PARKS & RECREATION 14/15 CPRS mbrshp:Barnett, Beatriz 145.00 145.00 SOC 165654 07/17/2014 006709 CALVARY CHAPEL TEMECULA Temecula Rod Run Admin Fee 2014 2,500.00 2,500.00 165655 07/17/2014 005311 CERTIFIED POOL WATER Jun 14 maint svcs: fountain town square 350.00 SPCL. Jun 14 maint svcs: fountain civic center 550.00 Jun 14 maint svcs: swimming pool 1,025.00 1,925.00 Page2 apChkLst Final Check List Page: 3 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165656 07/17/2014 009640 CERTIFION CORPORATION 165657 07/17/2014 014726 CHAPTER 13 STANDING TRUSTEE 165658 07/17/2014 005417 CINTAS FIRST AID & SAFETY 165659 07/17/2014 004405 COMMUNITY HEALTH CHARITIES 165660 07/17/2014 000442 COMPUTER ALERT SYSTEMS 165661 07/17/2014 002945 CONSOLIDATED ELECTRICAL DIST. 165662 07/17/2014 013379 COSSOU, CELINE 165663 07/17/2014 014521 COSTAR GROUP INFORMATION, INC 165664 07/17/2014 001264 COSTCO TEMECULA #491 165665 07/17/2014 004329 COSTCO TEMECULA #491 165666 07/17/2014 010650 CRAFTSMEN PLUMBING & HVAC INC 165667 07/17/2014 011027 DEL RIO ENTERPRISE INC. 165668 07/17/2014 003945 DIAMOND ENVIRONMENTAL SRVCS 165669 07/17/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS 165670 07/17/2014 014419 ELLIOTT, MICHAEL G. (Continued) Description Jun 14 Online database subscription:PD SUPPORT PAYMENT first-aid kit supplies: var facilities COMMUNITY HEALTH CHARITIES PAYMENT Jul/Aug/Sept 14: Alarm Monitor: various mis elect supplies: crc TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Jul 14 web subscription:Eco Dev Misc supplies:eco dev workshops Misc supplies:eco dev workshops Misc pgrm supplies:human services rehab door replacements: crc gazebo relocation: margarita comm park portable restroom rentals:Kearny Rd portable restroom rentals: riverton park portable restroom rentals: veterans park portable restroom rentals: vail ranch Fuel for City vehicles: pw maint Fuel for City vehicles: TCSD Fuel for City vehicles: npdes & cip Jun 14 Landscape inspect srvcs:pw cip Apr 14 Landscape inspect srvcs:pw cip 165671 07/17/2014 011202 EMH SPORTS USA, INC TCSD instructor earnings Amount Paid Check Total 150.00 150.00 182.77 182.77 1,210.77 1,210.77 24.00 24.00 5,775.00 5,775.00 738.18 738.18 773.50 714.00 580.13 2,067.63 380.02 380.02 123.07 97.02 220.09 99.08 99.08 55,489.75 55,489.75 23,325.00 23,325.00 52.80 52.80 52.80 52.80 211.20 820.40 124.83 480.32 1,425.55 1,050.00 1,750.00 2,800.00 924.00 924.00 Page:3 apChkLst Final Check List Page: 4 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165673 07/17/2014 001056 EXCEL LANDSCAPE, INC. 165674 07/17/2014 000165 FEDERAL EXPRESS INC 165675 07/17/2014 014865 FEIZE UHLER, KIMBERLY 165676 07/17/2014 016780 FIELDTURF USA, INC. 165677 07/17/2014 011145 FOSTER, JILL CHRISTINE 165678 07/17/2014 002982 FRANCHISE TAX BOARD 165679 07/17/2014 002982 FRANCHISE TAX BOARD 165680 07/17/2014 014983 FU, LIJUAN (LISA) 165681 07/17/2014 009097 FULL COMPASS SYSTEMS (Continued) Description vail ranch slope emerg irrig repair wolf creek slope emerg irrigation repair RANCHO HIGHLANDS SLOPE EMERG IR June 14 Idscp maint srvcs: various JUNE 14 LDSCP MAINT SRVCS: JRC villages slope emergency irrigation JUNE 14 LDSCP MAINT SRVCS: VAR FAC Idscp rehabilitation:gallery traditions Jun 14 Indscp maint svc:sports parks villages slope emergency irrigation WOLF CREEK SLOPE EMERGENCY IRRI irrigation repair srvcs:various medians Idscp planting srvcs: civic center install irrig upgrade:crowne hill slope Idscp rehabilitation: gallery portraits Jun 14 Indscp maint svc:medians Jun 14 Indscp maint svc:medians Jun 14 Indscp maint svc:margarita 'irrigation repair srvcs:various medians backflow repair:rancho cal median Idscp improvmnts:rancho cal medians Idscp rehab: harveston lake park Idscp planting srvcs:murrieta crk trl JUNE 14 LDSCP MAINT SRVCS: VARIOU: Amount Paid Check Total 254.68 412.65 330.50 34,844.87 200.00 312.00 9,893.13 760.00 51,365.88 303.77 412.55 221.72 960.00 3,250.00 3,500.00 47, 825.10 17,994.70 700.00 221.72 2,207.22 192.00 11,125.00 841.00 19,749.97 207,878.46 06/24-7/01/14 Express mail services 117.63 06/13-6/20/14 Express mail services 82.23 199.86 Community Development logo hat: Villa, 18.34 18.34 artificial turf maint srvcs: pbsp 3,300.00 artificial turf maint srvcs: pbsp 9,900.00 13,200.00 TCSD instructor earnings 1,680.00 1,680.00 SUPPORT PAYMENT 100.00 100.00 SUPPORT PAYMENT 50.00 50.00 Plein Air Painters: 2nd place winner 100.00 100.00 SOUND/LIGHTING/MISC SUPPLIES:THEATER SOUND/LIGHTING/MISC SUPPLIES:THEP 984.00 430.86 SOUND/LIGHTING/MISC SUPPLIES:THEP 95.20 1,510.06 Page:4 apChkLst Final Check List Page: 5 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165682 07/17/2014 016519 GARIBAY, ISAAC Reimb: executive retreat supplies 165683 07/17/2014 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 165684 07/17/2014 005405 GILLILAND, ROBIN Reimb: items needed for TCC Amount Paid Check Total 89.62 89.62 539.00 847.00 462.00 404.25 2,252.25 141.16 141.16 165685 07/17/2014 000177 GLENNIES OFFICE PRODUCTS Jun 14 Misc office supplies: Planning 139.76 INC Jun 14 misc ofc supplies:chapel/museum 59.23 165686 07/17/2014 014405 GORM INCORPORATED misc custodial supplies: var park sites 1,101.60 165687 07/17/2014 003592 GRANITE CONSTRUCTION COMPANY 165688 07/17/2014 014402 GROEPPER, BROOKE ELIZABETH 165689 07/17/2014 003342 HABITAT FOR HUMANITY 165690 07/17/2014 000186 HANKS HARDWARE INC JUN 14 CONST:MAIN ST. BRIDGE REPLACEMENT Ret:Jun 14 Const:Main St.Bridge replace 208,931.05 -10,446.50 198.99 1,101.60 198,484.55 TCSD instructor earnings 962.50 TCSD instructor earnings 280.00 1,242.50 refund:sec dep:rm rental:Conf Center 150.00 150.00 Jun 14 misc maint supplies: Museum Jun 14 maint supplies: maintenance Jun 14 misc maint supplies: library JUN 14 MISC MAINT SUPPLIES: PW Jun 14 misc maint supplies: tcc Jun 14 misc maint supplies: crc Jun 14 misc maint supplies: mpsc Jun 14 misc maint supplies: of theater 1.70 4.31 552.65 20.51 267.94 17.16 337.56 591.76 1,793.59 165691 07/17/2014 017088 HARMON, JEFFERY G TCSD instructor earnings 560.00 TCSD instructor earnings 840.00 1,400.00 165692 07/17/2014 001135 HEALTHPOINTE MEDICAL EMP INDUSTRIAL CARE SRVCS:HR 50.00 50.00 GROUP INC 165693 07/17/2014 004811 HEWLETT PACKARD computers: GIS 2,878.64 2,878.64 165694 07/17/2014 010210 HOME DEPOT SUPPLY INC, misc maint supplies: civic center 671.27 THE misc main supplies: old town theater 199.80 871.07 165695 07/17/2014 016903 HORIZON DISTRIBUTORS, INC. irrigation systems upgrade:crowne hill 27,793.89 27,793.89 Page:5 apChkLst Final Check List Page: 6 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165696 07/17/2014 003624 HOWELL, ANN MARIE GRAPHIC DESIGN SRVCS:NEWS LETTER Amount Paid Check Total 1,960.00 1,960.00 165697 07/17/2014 010530 I P C INDUSTRIES INC Golf cart rental:TCSD special events 573.40 Golf cart rental:TCSD special events 135.50 708.90 165698 07/17/2014 014062 ID CARD GROUP Proximity cards & accessories:info tech 467.39 467.39 165699 07/17/2014 009135 IMPACT MARKETING & DESIGN Uniform shirts:theater staff 114.87 114.87 INC 165700 07/17/2014 016564 IMPACT TELECOM Jun 800 services:Civic Center 54.85 54.85 165701 07/17/2014 013695 INLAND EMPIRE SHRED IT SHRED SRVCS:TEMECULA POLICE 15.00 15.00 165702 07/17/2014 009693 INLAND VALLEY CLASSICAL Settlement "Cinderella" 7/11-7/12 579.42 579.42 BALLET 165703 07/17/2014 016566 INTENSE CYCLES, INC. Sec Dep Refund: Intense Cycles Media 218.16 218.16 165704 07/17/2014 016110 LDCO, INC. Ret:Jun 14 const contract:TCC renovation -8,607.71 JUN 14 CONST CONTRACT:TCC RENOVE 172,154.19 163,546.48 165705 07/17/2014 004412 LEANDER, KERRY D. 165706 07/17/2014 014772 LOTA, RAYMOND A TCSD instructor earnings 283.50 TCSD instructor earnings 1,617.00 Photo booth rental:TCSD events 599.00 1,900.50 599.00 165707 07/17/2014 004813 M & J PAUL ENTERPRISES INC Inflatable jumpers:summer day camp 1,000.00 Bounce house rentals: easter egg hunts 174.00 Bounce house rentals: easter egg hunts 174.00 1,348.00 165708 07/17/2014 011259 MARKEN, LESLIE A. Presentation:TVM Spinning and weaving 200.00 200.00 165709 07/17/2014 014431 MARTLAND, BETTE B Performance:TVM Temecula Culture 100.00 100.00 165710 07/17/2014 016858 MILLER, JOEL Performance: summer concert series 7/17 1,500.00 1,500.00 165711 07/17/2014 012264 MIRANDA, JULIO C. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 617.40 529.20 264.60 1,153.95 396.90 2,962.05 Page apChkLst Final Check List Page: 7 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165712 07/17/2014 004040 MORAMARCO, ANTHONY, J. TCSD instructor earnings 1,456.00 TCSD instructor earnings 392.00 TCSD instructor earnings 1,463.00 3,311.00 165713 07/17/2014 001214 MORNINGSTAR Audio & tech srvcs:every 15 min pgrm 2,500.00 2,500.00 PRODUCTIONS, LLC 165714 07/17/2014 000727 NATIONAL FIRE PROTECTION Misc publication for fire 1,165.50 1,165.50 ASSN 165715 07/17/2014 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings 756.00 756.00 165716 07/17/2014 002292 OASIS VENDING coffee & kitchen supplies:mpsc 499.92 coffee & kitchen supplies:civic center 518.09 coffee & kitchen supplies:foc 107.87 165717 07/17/2014 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES: HR DEPT 476.90 DIV MISC OFFICE SUPPLIES: HR DEPT Misc office supplies: PW Land Dev Misc office supplies: PW Land Dev Misc office supplies: PW NPDES Misc office supplies: PW Traffic Misc office supplies: PW Traffic 165718 07/17/2014 011140 OLD TOWN TEMECULA '14 Rod Run admin fee BUSINESS 165719 07/17/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & SAFETY 1,125.88 1,385.32 119.32 12.53 5.01 261.34 24.54 2,284.96 5,000.00 5,000.00 737.75 737.75 165720 07/17/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Land Dev 708.45 City Vehicle Maint Svcs:PW CIP 672.95 City Vehicle Maint Svcs:PW Street Maint 63.74 City Vehicle Maint Svcs:PW Street Maint 90.35 1,535.49 165721 07/17/2014 002800 PACIFIC STRIPING INC Citywide street striping program: pw 28,999.96 28,999.96 165722 07/17/2014 004538 PAULEY EQUIPMENT misc equip repairs: park maint 367.10 367.10 COMPANY 165723 07/17/2014 012833 PC MALL GOV, INC. computer equipment:info tech 637.20 I.T. laptop cart:info tech 1,304.12 1,941.32 165724 07/17/2014 016411 PETERSON -CHASE GENERAL Pavement rehab of bridge decks 137,499.95 retention:Pavement rehab -bridge decks -6,875.00 130,624.95 165725 07/17/2014 000249 PETTY CASH Petty Cash Reimbursement Petty Cash Reimbursement 351.46 293.65 645.11 Page:7 apChkLst Final Check List Page: 8 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165726 07/17/2014 016529 PIONEER CREDIT RECOVERY INC 165727 07/17/2014 010338 POOL & ELECTRICAL PRODUCTS INC 165728 07/17/2014 002185 POSTMASTER 165729 07/17/2014 011549 POWER SPORTS UNLIMITED 165730 07/17/2014 013725 PROCRAFT INC 165731 07/17/2014 005075 PRUDENTIAL OVERALL SUPPLY 165732 07/17/2014 017087 QUALITY FIBERGLASS POOLS 165733 07/17/2014 002072 RANCHO CALIF WATER DIST-FEES 165734 07/17/2014 002072 RANCHO CALIF WATER DIST-FEES 165735 07/17/2014 000262 RANCHO CALIF WATER DISTRICT 165736 07/17/2014 000406 RIVERSIDE CO SHERIFFS DEPT 165737 07/17/2014 000406 RIVERSIDE CO SHERIFFS DEPT 165738 07/17/2014 012174 RUHNAU RUHNAU CLARKE & ASSOC. (Continued) Description SUPPORT PAYMENT misc maint supplies: civic ctr fountains misc supplies/equipment:var pool sites maint supplies: civic ctr renew ann'l permit # 5: tcsd Veh repair & maint:Police Garage door repair:fire stn 84 JUN UNIFORM SRVCS:PW PARKS & FACS MAINT Refund: bldg fees/ 33976 Lydia Ct. Refund: bldg fees/ 33976 Lydia Ct. Add'I deposit/plan ck irrig back ck certification:TCC renovation Jun 01-06-99000-14 Pujol St Jun Various Water Meters: Fire Stns Jun Various Water Meters Jun Various Water Meters Jun Various Water Meters Jun Various Water Meters Jun Various Water Meters Jun Various Water Meters Jun Various Water Meters Jun 01-05-19380-3 Commerce Cntr Dr Western Days patrol services 5/17-18 Basic Traf Collision trng 8/4-8 Sgt. Design of Fire Stn 73 upgrade Amount Paid Check Total 72.79 24.83 273.07 472.50 220.00 1,913.21 215.00 687.35 1.67 274.40 2,270.33 180.00 9.46 833.40 135.25 1,264.62 4,277.88 1,042.16 154.15 197.55 51,632.56 74.55 1,918.10 216.00 72.79 770.40 220.00 1,913.21 215.00 687.35 276.07 2,270.33 180.00 59,621.58 1,918.10 216.00 34,020.00 34,020.00 Page:8 apChkLst Final Check List Page: 9 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165739 07/17/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 300.00 300.00 CENTRAL 165740 07/17/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 229.74 229.74 CENTRAL 165741 07/17/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 7/10/14 577.00 577.00 165742 07/17/2014 010564 SINGLE MOTHERS UNITED IN CDBG Subrecipient 1,765.00 1,765.00 165743 07/17/2014 009013 SISQUOC, LORENE A Lecture & workshop:T.Museum 07/15/14 200.00 200.00 165744 07/17/2014 000645 SMART & FINAL INC 165745 07/17/2014 000537 SO CALIF EDISON Misc supplies:MPSC programs MISC SUPPLIES: THEATER MISC SUPPLIES: THEATER Misc supplies:summer day camp pgrm Misc supplies:summer day camp pgrm Misc supplies:summer day camp pgrm Jun 2-30-066-2889 Rancho Vista PED Jun 2-31-936-3511 Pechanga Pkwy Jun 2-36-531-7916 Main St PED Jun 2-25-350-5119 Redhawk Pkwy PED Jun 2-36-122-7820 De Portola Rd Irr Jun 2-29-657-2563 Var TCSD Meters Jun 2-29-458-7548 Wolf Crk PED Jun 2-27-805-3194 Theater Jun 2-02-502-8077 West Wing Jun 2-02-351-5281 CRC Jun 2-20-798-3248 C. Museum Jun 2-35-576-2634 F.V.Pkwy Jun 2-29-479-2981 Temecula Pkwy Jun 2-31-031-2590 Rancho Calif. Rd Jun 2-10-331-2153 TCC Jun 2-35-421-1260 various meters Jun 2-29-974-7899 Ynez Rd LS -3 Jun 2-01-202-7603 arterial st lights Jun 2-01-202-7330 various mtrs Jun 2-05-791-8807 various mtrs 165746 07/17/2014 014328 SOARES, ANTHONY SILVA Performance:TV Museum 7/14/14 165747 07/17/2014 014783 SOFTRESOURCES, LLC JUN CONSULTANT SRVCS:NEW PERMIT SYSTEM 212.27 108.26 57.66 25.86 422.24 110.34 936.63 28.34 54.96 291.17 26.81 25.38 220.21 354.47 6,810.74 522.81 8,680.29 2,351.34 84.98 103.66 21.73 584.99 184.83 145.34 25,898.46 80,176.13 8,791.02 135,357.66 500.00 500.00 5,579.05 5,579.05 Page apChkLst Final Check List Page: 10 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165748 07/17/2014 002503 SOUTH COAST AIR QUALITY FY 13/14 emissions fees:library 119.76 FY 13/14 operating fees:library 331.81 451.57 165749 07/17/2014 016257 SPICERS PAPER, INC. Misc paper supplies:central services 43.20 Misc paper supplies:central services 1,008.49 Copy paper:central services 2,959.53 4,011.22 165750 07/17/2014 000293 STADIUM PIZZA INC Refreshments:skate park 6/27 118.04 118.04 165751 07/17/2014 008023 STATER BROTHERS MARKETS Dinner w/FF program: Fire 111.37 111.37 165752 07/17/2014 001505 STEFFEN, SUE Reimb:supplies for meetings 143.04 143.04 165753 07/17/2014 015648 STEIN, ANDREW Sister City shirts/promotional items 2,799.12 2,799.12 165754 07/17/2014 006145 STENO SOLUTIONS APR TRANSCRIPTION SRVCS:POLICE 848.96 TRANSCRIPTION JUN TRANSCRIPTION SRVCS:POLICE 455.00 1,303.96 165755 07/17/2014 016262 STEVE ADAMIAK GOLF TCSD Instructor Earnings 900.90 900.90 INSTRUCTION 165756 07/17/2014 016111 STOGNER, GREGORY LYNN Plein Air Painters 1st place award 2014 200.00 200.00 165757 07/17/2014 001546 STRAIGHT LINE GLASS balance due/replace doors: crc rehab 7,873.48 door repair services: maint facility 200.00 8,073.48 165758 07/17/2014 003840 STRONGS PAINTING painting srvcs: sam hicks park 3,000.00 facility rehab: chapel enhancements 6,000.00 9,000.00 165759 07/17/2014 007698 SWANK MOTIONS PICTURES, Movie rental: movies in the park 7/11/14 474.00 474.00 INC. 165760 07/17/2014 017052 THUDIUM, LUCILLE A. Refund:sec.deposit/theater 500.00 500.00 165761 07/17/2014 010276 TIME WARNER CABLE Jul high speed internet:40135 Village 319.00 319.00 165762 07/17/2014 010558 TRADE IN.COM INC Furniture/Delivery: TCC Renovation 5,754.24 5,754.24 165763 07/17/2014 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 263.34 263.34 EDUCATION 165764 07/17/2014 000325 UNITED WAY UNITED WAY CHARITIES PAYMENT 5.00 5.00 Pagel 0 apChkLst Final Check List Page: 11 07/17/2014 3:33:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165765 07/17/2014 016405 UNLIMITED ENVIRONMENTAL, Release portion of retention:bldg demos INC. 165766 07/17/2014 004261 VERIZON Jul xxx-6540 Fire Stn 95 165767 07/17/2014 004789 VERIZON 165768 07/17/2014 004848 VERIZON 165769 07/17/2014 007949 WESTERN ARTS ALLIANCE 165770 07/17/2014 008402 WESTERN RIVERSIDE COUNTY 165771 07/17/2014 017049 WIND CANYON STUDIO 165772 07/17/2014 009512 WURMS JANITORIAL SERVICES, INC Jul Internet svcs:SW DSL:PD:Jones, C. Jul Internet svcs:Library Jul Internet svcs:Library Amount Paid Check Total 3,709.55 3,709.55 114.72 114.72 39.95 10.70 6.00 56.65 Jul long distance phone svcs 36.48 36.48 ann'I membership renewal: theater 450.00 450.00 Jun '14 MSHCP payment 26,673.00 26,673.00 Plein Air Painters Best of Show award 500.00 500.00 Jul janitorial srvcs:police old town 269.57 269.57 Grand total for UNION BANK OF CALIFORNIA: 4,448,695.77 Page:11 apChkLst Final Check List Page: 12 07/17/2014 3:33:26PM CITY OF TEMECULA 147 checks in this report. Grand Total All Checks. 4,448,695.77 Page:12 apChkLst 07/24/2014 1:18:22PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2484 07/24/2014 000246 PERS (EMPLOYEES' RETIREMENT) 2489 07/22/2014 000444 INSTATAX (EDD) 165773 07/24/2014 016764 ABM BUILDING SERVICES, LLC 165774 07/24/2014 016823 ADURI YOGA 165775 07/24/2014 001517 AETNA BEHAVIORAL HEALTH, LLC 165776 07/24/2014 014170 AHERN RENTALS INC 165777 07/24/2014 016450 AIR EXCHANGE, INC. 165778 07/24/2014 015083 AIR GAS USA, LLC 165779 07/24/2014 001916 ALBERT A WEBB ASSOCIATES 165780 07/24/2014 004240 AMERICAN FORENSIC NURSES (AFN) 165781 07/24/2014 000936 AMERICAN RED CROSS 165782 07/24/2014 017097 BADILLO, ROBIN 165783 07/24/2014 015592 BAMM PROMOTIONAL PRODUCTS, INC 165784 07/24/2014 010903 BARNETT, BEA Description PERS SURVIVOR BENEFITS PAYMENT UI & ETT 2ND QTR 2014 PAYMENT Hvac repair:civic center emerg hvac repair: pennypickle TCSD instructor earnings Aug 14 Employee assistance prgm maint equip repairs: var facilities Plymovent Maintenance: Stations Misc Stage Supplies: Theater Jun 14 Prof svcs: Special Districts 1st Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Aug 14 Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Phlebotomy srvcs:temecula police Lifeguard certifications:aquatics pgrm refund:rm rental:Library comm rm AB Awards:Adult Softball Sports Programs Awards:Adult Softball Sports Programs Summer Day Camp T-shirts:csd pgrm Reimb:CA presenters '14 membership conf 165785 07/24/2014 017098 BAYLOR, ROSINA partial refund:sec dep:rm rental:MPSC Amount Paid Check Total 39,570.31 15,081.93 662.22 746.98 134.40 664.40 237.20 1,092.50 33.05 28,490.00 339.04 618.80 1,248.00 665.70 720.46 254.28 169.52 323.00 140.00 199.67 409.81 1,692.90 203.40 39,570.31 15,081.93 1,409.20 134.40 664.40 237.20 1,092.50 33.05 28,490.00 4,015.80 323.00 140.00 2,302.38 203.40 164.00 164.00 Pagel apChkLst 07/24/2014 1:18:22PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165786 07/24/2014 002377 BEST BUY COMPANY INC 165787 07/24/2014 004262 BIO-TOX LABORATORIES 165788 07/24/2014 012583 BLANCAY PRICE 165789 07/24/2014 008605 BONTERRA PSOMAS 165790 07/24/2014 014229 BOXFORLESS.COM 165791 07/24/2014 003455 BROADCAST MUSIC INC 165792 07/24/2014 000128 BROWN & BROWN INSURANCE 165793 07/24/2014 006908 C C & COMPANY INC 165794 07/24/2014 004462 C D W GOVERNMENT INC 165795 07/24/2014 013265 CALIF BUILDING 165796 07/24/2014 000638 CALIF DEPT OF CONSERVATION 165797 07/24/2014 004248 CALIF DEPT OF JUSTICE-ACCTING 165798 07/24/2014 004228 CAMERON WELDING SUPPLY 165799 07/24/2014 000131 CARL WARREN & COMPANY INC (Continued) Description Computer Loan Program: Robinson, S Drug & alcohol analysis:police Drug & alcohol analysis:police Drug & alcohol analysis:police MAY 14 LDSCP PLAN CHECK & INSPCTN SRVCS 4/24-5/29 env mitigation srvcs:frnch vly 5/29-6/30 env mitigation srvcs:frnch vly 5/29-6/29 Cnslt srvcs:pechanga pkwy 4/24-5/29 Cnslt srvcs:pechanga pkwy JUN 14 CNSLTING SVCS:RRSP DESTINA TCSD supplies: cardboard for boat Music licence copyrights:Old Town policy ZLP14T4984614 7/1/14-7/1/15 policy 8109158P917TCT14 7/14-7/15 policy ZUP14T4985814 7/1/14-7/1/15 policy WC2014EPP00349 7/1/14-7/1/15 Performance:face painting Performance:face painting MISC SMALL TOOLS & EQUIP:INFO TECHNOLOGY MISC SMALL TOOLS & EQUIP:INFO TECI- 2014 2nd Qtr pmt of SB1473 2014 2nd Qtr pmt:strong motion JUN FINGERPRINTING SVCS:POLICE, HR, TVE2 Helium tanks rental/refill:TCSD Jun 14 Claim adjuster services 165800 07/24/2014 000137 CHEVRON AND TEXACO Jun City vehicles fuel:Police Amount Paid Check Total 1,978.53 1,716.00 768.30 437.00 8,340.00 1,098.75 1,930.00 8,985.44 10,830.00 2,989.42 754.03 791.00 155,083.00 22,050.00 42,750.00 55,002.00 250.00 250.00 589.75 208.39 1,311.00 3,641.23 5,170.00 72.80 48.72 1,978.53 2,921.30 8,340.00 25,833.61 754.03 791.00 274,885.00 500.00 798.14 1,311.00 3,641.23 5,170.00 72.80 48.72 2,330.86 2,330.86 Page2 apChkLst Final Check List Page: 3 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165801 07/24/2014 000442 COMPUTER ALERT SYSTEMS install panic buttons: foc 165802 07/24/2014 013379 COSSOU, CELINE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 165803 07/24/2014 008810 CROSSTOWN ELECTRICAL & MAINT & REPAIR CCTV CAMERAS:PW DATA TRAFFIC 165804 07/24/2014 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 07/15/14 165805 07/24/2014 004569 DAVID TAUSSIG & ASSOCIATES May 14 fiscal impact analysis: Arbor 165806 07/24/2014 017099 DELGADO, MICHAEL refund:sec dep:rm rental:Harveston refund:rm rental:Harveston 165807 07/24/2014 010461 DEMCO INC Misc office supplies:TPL 165808 07/24/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS Amount Paid Check Total 620.99 620.99 714.00 154.00 788.38 1,656.38 2,535.00 2,535.00 136.50 136.50 5,063.58 5,063.58 200.00 155.00 355.00 383.21 383.21 Fuel for City vehicles: tcsd 657.21 Fuel for City vehicles: tcsd Fuel for City vehicles: police dept Fuel for City vehicles: code enforcement Fuel for City vehicles: bldg inspectors Fuel for City vehicles:pw maint Fuel for City vehicles: traffic div Fuel for City vehicles: pw Fuel for City vehicles: pw 213.12 178.62 142.13 284.18 899.35 544.90 375.88 58.12 165809 07/24/2014 002390 EASTERN MUNICIPAL WATER Jun water meter:39569 Seraphina Rd 535.76 DIST Jun water meter:Murr hot springs rd Jun water meter:Murr hot springs rd Jun water meter:39656 Diego Dr 165810 07/24/2014 016839 EHS INTERNATIONAL, INC. Jun 14 Work place safety prgrm:risk mgmt 165811 07/24/2014 017096 ELECTRONIC DESIGN 80% refund:cancelled permit:B14-0489 SOLUTIONS 165812 07/24/2014 011202 EMH SPORTS USA, INC TCSD instructor earnings 165813 07/24/2014 005115 ENTERPRISE RENT A CAR INC Vehicle rental:summer day camp pgrm 32.39 199.87 283.94 9,425.00 292.80 3,353.51 1,051.96 9,425.00 292.80 1,260.00 1,260.00 127.97 Veh rental day Camp excursions 127.97 255.94 165814 07/24/2014 000478 FAST SIGNS Signage:aquatics pgrm 759.40 759.40 Page:3 apChkLst Final Check List Page: 4 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165815 07/24/2014 000165 FEDERAL EXPRESS INC (Continued) Description Amount Paid Check Total 07/03/14 Express mail services 41.48 06/24/14 Express mail services 165816 07/24/2014 003747 FINE ARTS NETWORK Settlement:Giselle 07/08-07/19/14 15.92 57.40 6,134.34 6,134.34 Page:4 apChkLst Final Check List Page: 5 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165817 07/24/2014 003347 FIRST BANKCARD CENTER 006952 PAYPAL JH Verisign Payflow Pro Transaction -9.95 000645 SMART & FINAL INC JH Misc supplies:replenish TCSD pantry 18.53 014821 CPE STORE INC, THE JH education training mat'I: Graciano, R 49.00 006952 PAYPAL JH Verisign Payflow Pro Transaction 59.95 000747 AMERICAN PLANNING AV registration: Atkins, James 6/30/14 25.00 ASSOCIATION 000747 AMERICAN PLANNING AV registration: Peters, Matt 6/30/14 25.00 ASSOCIATION 000747 AMERICAN PLANNING AV registration: Jones, Eric 6/30/14 25.00 ASSOCIATION 000747 AMERICAN PLANNING AV registration: Fisk, Stuart 6/30/14 25.00 ASSOCIATION 016171 DIGIPLEX TEMECULA KH summer day camp excursion 6/26 478.50 016171 DIGIPLEX TEMECULA KH summer day camp excursion 6/26 264.00 016171 DIGIPLEX TEMECULA KH summer day camp excursion 6/26 440.00 016171 DIGIPLEX TEMECULA KH summer day camp excursion 6/26 100.00 000305 TARGET BANK BUS CARD KH MISC SUPPLIES:THEATER 739.53 SRVCS 006952 PAYPAL KH Verisign Payflow Pro Transaction 415.60 005531 FRONT STREET BAR & GRILL GB refreshments: exec staff retreat 200.00 017091 1800FLOWERS.COM GB sunshine fund: Brown, P. 74.48 017092 NETWORKS2000 MH HP care package 465.30 017093 SILLWORKS LTD MH HP backup server 124.90 010514 CAMPINI'S ITALIAN DELI MH refreshments: energov meeting 6/11 215.22 001264 COSTCO TEMECULA#491 MH large tv mount 80.69 001264 COSTCO TEMECULA#491 MH vizio led smart tv 1,041.79 007282 AMAZON.COM, INC MH rolling cart 464.35 001264 COSTCO TEMECULA#491 MH vizio smart led tv 601.39 016693 STORMSOURCE, LLC MH misc supplies: software 20.00 003964 OFFICE DEPOT BUSINESS SVS MH computer supplies: switch 43.19 DIV 007282 AMAZON.COM, INC KH MISC COLLECTIONS BOOKS: 29.12 LIBRARY 007282 AMAZON.COM, INC KH MISC COLLECTIONS BOOKS: 285.24 LIBRARY Page:5 apChkLst Final Check List Page: 6 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 007282 AMAZON.COM, INC 000305 TARGET BANK BUS CARD SRVCS 000305 TARGET BANK BUS CARD SRVCS 016171 DIGIPLEX TEMECULA 010514 CAMPINI'S ITALIAN DELI 005531 FRONT STREET BAR & GRILL 000621 WESTERN RIVERSIDE COUNCIL OF (Continued) Description Amount Paid Check Total KH MISC COLLECTIONS BOOKS: 82.62 LIBRARY KH MISC SUPPLIES:THEATER 15.00 MISC SUPPLIES:THEATER — 69.64 KH summer day camp excursion 7/25 110.00 AA refreshments: city attny 06/10 62.64 AA refreshments: city council closed 214.88 AA Wrcog general assembly 1,500.00 000293 STADIUM PIZZA INC AA refreshments: bus dev seminar 6/11 74.81 000293 STADIUM PIZZA INC AA refrshmnts: leadership prgm 91.62 016883 MUNICIPAL MANAGEMENT AA MMASC Mixer: Hawkins, K 06/27 25.00 016883 MUNICIPAL MANAGEMENT AA MMASC Mixer: Hawkins, K 06/27 25.00 017095 VINEYARD GOURMET AA refreshments: 06/02/14 438.48 CATERING 012915 LUCILLE'S BBQ AA rfrshmnts: city council closed 299.78 016445 MKB PRINTING & AA business cards: Damko, C 166.31 PROMOTIONAL INC 015354 FACEBOOK.COM AA advertising for TVE2 59.98 000293 STADIUM PIZZA INC AA refreshments: bus dev seminar 7/1/14 98.48 014885 TEMECULA CATERING AA refreshments: Temecula Trekkers 7/9 769.90 010514 CAMPINI'S ITALIAN DELI AA: refreshments: overcharge -7.45 010514 CAMPINI'S ITALIAN DELI AA refreshments: overcharge -0.49 014115 GAMBLING COWBOY AA rfrsmnts: city council closed session 253.28 CHOPHOUSE, THE 010514 CAMPINI'S ITALIAN DELI AA refreshments: city atty lunch 7/8 74.94 165818 07/24/2014 014819 FLATIRON WEST, INC. JUN 14 CONST: FRENCH VALLEY 119,754.70 PKWY PROJ 165819 07/24/2014 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES:THEATER 652.20 165820 07/24/2014 001937 GALLS INC Volunteer uniforms:temecula police 3.24 Volunteer uniforms:temecula police 8.63 Volunteer uniforms:temecula police 30.22 165821 07/24/2014 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 7/19/14 10,725.25 119,754.70 652.20 42.09 1,356.00 1,356.00 Page:6 apChkLst Final Check List Page: 7 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165822 07/24/2014 017100 GARCIA, GABRIELA 165823 07/24/2014 010452 GAYLORD BROS INC 165824 07/24/2014 014234 GEARS 2 ROBOTS, LLC 165825 07/24/2014 014905 GITTLEMAN, CHERYL 165826 07/24/2014 015534 GOVERNMENT JOBS.COM, INC. 165827 07/24/2014 003792 GRAINGER 165828 07/24/2014 014402 GROEPPER, BROOKE ELIZABETH 165829 07/24/2014 000186 HANKS HARDWARE INC (Continued) Description Amount Paid Check Total refund:sec dep:rm rental:Harveston 200.00 200.00 SUPPLIES:TVM EXHIBITS 1,026.04 1,026.04 TCSD instructor earnings 1,386.00 TCSD instructor earnings 462.00 1,848.00 partial refund:sec dep:rm 150.00 150.00 7/1-6/30/15 User Llcense:NEOGOV 11,000.00 11,000.00 fire ext. accessories:civic ctr. pkg. 658.02 658.02 TCSD instructor earnings 542.50 542.50 Jun 14 misc maint supplies: sports prgm 427.25 Jun 14 misc maint supplies: crc 427.51 854.76 165830 07/24/2014 017088 HARMON, JEFFERY G TCSD instructor earnings 840.00 840.00 165831 07/24/2014 001135 HEALTHPOINTE MEDICAL EMP INDUSTRIAL CARE SRVCS:HR 100.00 100.00 GROUP INC 165832 07/24/2014 016298 HORN CLINIC, THE Settlement:Speakeasy..Merc 07/20/14 289.80 289.80 165833 07/24/2014 014045 HOT ROD LINCOLN Perf: summer concert series: 07/31/14 1,800.00 1,800.00 165834 07/24/2014 004406 IGOE & COMPANY INC Jul flex benefit plan pmt 155.00 155.00 165835 07/24/2014 006914 INNOVATIVE DOCUMENT Jun 14 copier maint/repair: citywide 7,703.51 SOLUTIONS Jun 14 copier maint/repair: citywide 694.47 8,397.98 165836 07/24/2014 001407 INTER VALLEY POOL SUPPLY misc pool chemicals: var pool sites 654.80 654.80 INC 165837 07/24/2014 004119 J T B SUPPLY COMPANY INC Traffic light supplies: pw traffic div 2,252.88 2,252.88 165838 07/24/2014 011841 JOE RHODES MAINTENANCE Fuel Pump Repair: Sta 84 & 95 678.40 678.40 Page:7 apChkLst Final Check List Page: 8 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165839 07/24/2014 003046 K F R O G 95.1 FM RADIO ADVERTISING:STREET PAINTING FESTIVAL 165840 07/24/2014 000820 K R W & ASSOCIATES Eng plan check srvcs:pw land dev 165841 07/24/2014 001091 KEYSER MARSTON REAL ESTATE CONSULT:AFFORDABLE ASSOCIATES INC HOUSING 165842 07/24/2014 004062 KUSTOM SIGNALS INC 165843 07/24/2014 014817 LAPP, JEREMY SCOTT 165844 07/24/2014 004412 LEANDER, KERRY D. 165845 07/24/2014 000482 LEIGHTON CONSULTING INC 165846 07/24/2014 004905 LIEBERT, CASSIDY & WHITMORE 165847 07/24/2014 002634 LITELINES INC 165848 07/24/2014 014772 LOTA, RAYMOND A 165849 07/24/2014 011351 LUCITY, INC 165850 07/24/2014 003782 MAIN STREET SIGNS 165851 07/24/2014 004141 MAINTEX INC 165852 07/24/2014 016855 MAKE'N IT PERSONAL PRINTING 165853 07/24/2014 014392 MC COLLOUGH, JILL DENISE Equip repair & maint:police lidar & Sttlmnt:Next to Normal...Merc TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Amount Paid Check Total 792.00 792.00 1,760.00 1,760.00 7,123.75 7,123.75 573.78 573.78 4,002.50 4,002.50 798.00 210.00 1,141.00 Jun 14 geotechnical srvcs:TCC renov 7,413.80 Jun 14 geotechnical srvcs: roripaugh 2,149.00 3,565.30 10,979.10 Webinar: Calpers Audit 08/14/14 55.00 55.00 Banner arms:eco dev 1,744.20 1,744.20 Photo booth:summer day camp pgrm 799.00 799.00 8/1-7/31/15 software renewal: IT 14,514.00 14,514.00 misc street signs: pw street maint div 2,304.56 misc street signs: pw street maint div 5,841.77 misc street signs: street maint div 5,229.63 misc street signs: street maint div 91.80 misc street signs: pw street maint div 77.76 misc traffic signs: pw street maint div 245.59 misc street signs: pw street maint div 46.40 13,837.51 misc cleaning supplies: tve2 91.41 91.41 Service awards:safety pgrm 185.72 185.72 Jul 14 lease interior plantscape:civic 525.00 Jul 14 lease interior plantscape:library 200.00 725.00 Page:8 apChkLst Final Check List Page: 9 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 165854 07/24/2014 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equipment: pw traffic 165855 07/24/2014 006571 MELODY'S AD WORKS INC. Consult srvcs:Hot summer nights campaign 165856 07/24/2014 001067 MITY LITE INC FURNISHINGS:TCC RENOVATION 165857 07/24/2014 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings ANN 165858 07/24/2014 005887 MOFFATT & NICHOL 3/30-5/31 Eng&const supp srvcs:pwcip ENGINEERS Amount Paid Check Total 4,055.39 6,000.00 24,456.89 380.80 4,055.39 6,000.00 24,456.89 380.80 4,727.00 4,727.00 165859 07/24/2014 004040 MORAMARCO, ANTHONY, J. Entertainment:temp tattoo booth 300.00 TCSD instructor earnings 630.00 TCSD instructor earnings 115.50 TCSD instructor earnings 875.00 1,920.50 165860 07/24/2014 017089 MORRIS-HOPKINS, BROOKE TCSD instructor earnings 5,439.00 5,439.00 165861 07/24/2014 016994 MUCKENTHALER CULTURAL Exhibit rental:TVM 5,000.00 5,000.00 CENTER 165862 07/24/2014 001986 MUZAK LLC Jul dish network prgm:41952 6th st 55.00 Jul dish network programming: FOC 135.85 190.85 165863 07/24/2014 012893 NEWMAN, KAREN Reimb: High Hopes talent show entry fee 116.40 116.40 165864 07/24/2014 003964 OFFICE DEPOT BUSINESS SVS Printing srvcs:PD business cards 430.27 DIV Misc office supplies:PW Traffic Misc office supplies:PW CIP Misc office supplies:PW CIP Misc office supplies:PW CIP Misc office supplies:PW CIP 165865 07/24/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW TRAFFIC CITY VEHICLE MAINT SVCS:PW TRAFFIC 165866 07/24/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs:PD City Vehicle Repair/Maint Svcs:PD 90.37 107.95 47.28 185.97 24.89 886.73 724.37 323.04 1,047.41 534.55 77.36 611.91 165867 07/24/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 36.35 City Vehicle Maint Svcs:Code Enf 231.25 267.60 165868 07/24/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Parks Maint 41.75 41.75 Page apChkLst Final Check List Page: 10 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165869 07/24/2014 002105 OLD TOWN TIRE & SERVICE 165870 07/24/2014 017101 OSGROVE, SI 165871 07/24/2014 014273 PARAGON PARTNERS LTD 165872 07/24/2014 012833 PC MALL GOV, INC. 165873 07/24/2014 000254 PRESS ENTERPRISE COMPANY INC 165874 07/24/2014 005075 PRUDENTIAL OVERALL SUPPLY 165875 07/24/2014 001416 QUICK CRETE PRODUCTS INC 165876 07/24/2014 014494 R & R CONTROLS, INC 165877 07/24/2014 000262 RANCHO CALIF WATER DISTRICT 165878 07/24/2014 000947 RANCHO REPROGRAPHICS 165879 07/24/2014 000271 RBF CONSULTING 165880 07/24/2014 004584 REGENCY LIGHTING 165881 07/24/2014 003591 RENES COMMERCIAL MANAGEMENT 165882 07/24/2014 010777 RIVERSIDE CO EXECUTIVE OFFICE 165883 07/24/2014 017102 ROBINSON, SHIRLEY (Continued) Description City Vehicle Maint Svcs:Code Enf refund:sec dep:rm rental:Harveston Acquisition srvcs of french valley Var equipment:info tech 7/30/14-7/28/15 subscr:PW 16178628 JUN FLOOR MATS/UNIFORM SRVCS:CITY FACS picnic tables: var park sites install energy mgmt syst: civic center Jul var water meters:Calle Elenita Jul var water meters:41951 Moraga Rd Jul var water meters:PW-YMCA Jul var water meters:TCSD svc ley C REPRODUCTION SRVCS:BUTTERFIELD RD EXT Reprographic services:fire station 73 Eng/survey srvcs:GOHS Tennis Crt Ights misc electrical supplies: var park sites weed abatement:city maint lot weed abatemnt:tem crk city maint trail trash debris removal: var channels misc weed abatement:var city row Clean-up srvcs:4th of July events Jul -Sept animal shelter services refund:sec dep:rm rental:Conf ctr A/B Amount Paid Check Total 36.35 200.00 1,185.46 848.00 265.03 1,103.37 4,996.08 3,900.00 103.87 1,279.70 626.06 21,769.25 25.92 103.36 1,330.00 568.69 2,805.00 5,375.00 5,000.00 4,804.00 4,975.00 36,741.18 36.35 200.00 1,185.46 848.00 265.03 1,103.37 4,996.08 3,900.00 23,778.88 129.28 1,330.00 568.69 22,959.00 36,741.18 150.00 150.00 Pagel 0 apChkLst Final Check List Page: 11 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165884 07/24/2014 008739 ROSE CITY LABEL 165885 07/24/2014 016778 ROW TRAFFIC SAFETY, INC. 165886 07/24/2014 013827 RYAN MONTELEONE EXCAVATION INC 165887 07/24/2014 011511 SCUBA CENTER TEMECULA (Continued) Description Amount Paid Check Total Sheriff badge stickers - crime 1,907.60 1,907.60 barricades: pw maint division 4,991.98 4,991.98 emerg pipe repair:margarita & ramsey 10,150.00 10,150.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 165888 07/24/2014 016997 SECOND STREET OLD TOWN refund:eng ref dep:LD11-062GR LLC 165889 07/24/2014 013376 SECURITY SIGNAL DEVICES INC 87.50 437.50 420.00 945.00 32,160.00 32,160.00 Repair & maint of cameras:var locations 834.00 Repair & maint of cameras:civic center 2,204.00 Lenel security software:information tech 165890 07/24/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 7/17/14 165891 07/24/2014 004498 SIEMENS INDUSTRY, INC. 165892 07/24/2014 000537 SO CALIF EDISON Apr traffic signal maint: pw traffic Mar traffic signal maint: pw traffic Mar street light maint: pw traffic Jun 2-31-693-9784:26036 Ynez Rd TC1 Jun 2-33-237-4818:30499 Rancho cal rd Jun 2-29-974-7568:26953 Ynez rd TC1 Jun 3-27-560-0625:32380 Deerhollow Way Jun 2-29-223-9571:30395 Murr hot sprngs Jun 2-30-608-9384:28582 Harveston Dr Jun 2-35-403-6337:41375 McCabe Ct Jun 2-00-397-5059:33340 Camino piedra May -Jun 2-26-887-0789:40233 Village Rd Jun 2-33-777-1950:40135 Village Rd Jun 2-31-419-2659:26706 Ynez rd TC1 Jun 2-28-171-2620:40820 Winchester Rd 12,168.58 15,206.58 357.00 357.00 660.31 1,041.17 1,624.38 374.02 96.61 142.25 2,429.11 52.64 690.53 1,105.56 7,640.31 4,717.02 903.76 160.22 1,566.68 3,325.86 19,878.71 165893 07/24/2014 001212 SO CALIF GAS COMPANY Jul 015-575-0195-2:32211 Wolf vly rd 149.74 Jul 055-475-6169-5:32380 Deerhollow Way 150.83 300.57 165894 07/24/2014 002503 SOUTH COAST AIR QUALITY Add'I AQMD fee:FS 95 - A/N 566507 64.70 64.70 165895 07/24/2014 002503 SOUTH COAST AIR QUALITY Add'I AQMD fee:FS 84 30650 Pauba Rd 64.70 64.70 165896 07/24/2014 017103 SWANSON, STEVE refund:cancelled rm rental:CRC 552.55 partial refund:sec dep:rm rental:CRC 150.00 702.55 Page:11 apChkLst Final Check List Page: 12 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 165897 07/24/2014 012265 TEMECULA ACE HARDWARE misc maint supplies: various parks 355.60 355.60 C/O 165898 07/24/2014 010679 TEMECULA AUTO Veh repair & maint:csd 1,373.68 1,373.68 REPAIR/RADIATOR 165899 07/24/2014 000168 TEMECULA FLOWER CORRAL Jun sunshine fund 138.11 138.11 165900 07/24/2014 003677 TEMECULA MOTORSPORTS Veh repair & maint:Police 239.08 239.08 LLC 165901 07/24/2014 016668 TEMECULA STRINGS TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 131.25 135.63 131.25 398.13 165902 07/24/2014 004209 TEMECULA SUNRISE ROTARY Apr -Jun bus benches placement & maint 2,512.50 2,512.50 FOUND. 165903 07/24/2014 010493 TEMECULATOWNE CENTER Aug lease payment:PD Mall Office 1,458.33 1,458.33 ASSOC LP 165904 07/24/2014 011736 TEMECULA TROPHY INC Program supplies: cultural events 32.40 32.40 165905 07/24/2014 010046 TEMECULA VALLEY May '14 Bus. Impry DistrictAsmnts 132,296.01 CONVENTION & May '14 BID admin fees -2,645.92 129,650.09 165906 07/24/2014 004274 TEMECULA VALLEY SECURITY locksmith srvcs:T. Museum 140.00 140.00 CENTR 165907 07/24/2014 003941 TEMECULA WINNELSON COMPANY 165908 07/24/2014 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 165909 07/24/2014 016311 TIERCE, NICHOLAS 165910 07/24/2014 010276 TIME WARNER CABLE 165911 07/24/2014 000319 TOMARK SPORTS INC misc plumbing supplies: library 188.14 misc plumbing supplies: crc 290.63 replace elevator controls: theater 20,683.00 Graphic design srvcs: Theater 4,005.00 Jul high speed internet:29119 Margarita Jul high speed internet:Fire Stn 92 Jul high speed internet:32364 Overland 70.78 119.86 52.99 Misc recreation supplies:CRC 89.68 Basketball backboard:CRC 655.60 Sports equipment:Spring/Summer '14 7,930.83 165912 07/24/2014 016670 TOTAL IMAGING SOLUTIONS, software/install scanner: Library LLC 478.77 20,683.00 4,005.00 243.63 8,676.11 1,335.00 1,335.00 Page:12 apChkLst Final Check List Page: 13 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165913 07/24/2014 004124 TRUELINE 165914 07/24/2014 000161 TYLER TECHNOLOGIES, INC 165915 07/24/2014 011659 ULINE INC 165916 07/24/2014 007766 UNDERGROUND SERVICE ALERT 165917 07/24/2014 015006 UNION BANK, N.A. 165918 07/24/2014 002110 UNITED RENTALS NORTH AMERICA 165919 07/24/2014 014848 VALUTEC CARD SOLUTIONS, LLC 165920 07/24/2014 017094 VANYO, SCOTT OR LUPY 165921 07/24/2014 004261 VERIZON 165922 07/24/2014 014954 VOLVO RENTS, INC (Continued) Description Amount Paid Check Total hockey rink rehab: rrsp 15,040.00 15,040.00 Permitting & Land Mgmt software 25.00 25.00 misc packaging boxes:central services 897.13 897.13 Jun undrgrnd svcs alert tickets:PW 187.50 187.50 6/1/14-5/31/15 fv pkwy escrw admin fees 1,590.00 1,590.00 Rental equip:code enforcement 224.78 224.78 Jun ShoWare gift card service:Theater 39.16 39.16 refund:cancelled project:LD14-012GR 1,000.00 1,000.00 Jul xxx-2941 gen usage:TVE2 434.19 Jul xxx-3738 gen usage:McCabe Ct 130.85 565.04 Rentals:csd event 6/20-27/14 387.76 Rentals:csd event 6/28-30/14 165923 07/24/2014 003730 WEST COASTARBORISTS INC tree trims & removals:hary lake park tree trimming: foc tree trim and removal:presley slope tree trims & removals:villages slope Tree trimming services:Villages tree trim maint srvcs:city right-of-ways tree maint srvcs: villages slopes tree planting svcs:ridgeview slope emerg tree maint services:various slopes emerg tree maint services:various slopes tree planting:harveston slopes tree trims/removals:winchester crk slope tree trims & removals:hary lake park tree trim maint srvcs:city right-of-ways 165924 07/24/2014 002841 WESTERN OILFIELDS SUPPLY Sprinkler rental & install: 4th of July CO, DBA: RAIN FOR RENT 213.08 600.84 475.00 735.00 3,980.00 645.00 3,990.00 11,550.00 11,495.00 2,625.00 1,242.00 5,905.00 1,260.00 5,421.00 155.00 6,988.00 56,466.00 8,426.12 8,426.12 Page:13 apChkLst Final Check List Page: 14 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 165925 07/24/2014 000341 WILLDAN ASSOCIATES INC 165926 07/24/2014 004567 WITCHER ELECTRIC 165927 07/24/2014 009512 WURMS JANITORIAL SERVICES, INC 1000062 07/21/2014 017059 FOWLER, GRETCHEN 1000065 07/07/2014 017061 MARINO, SR., DONALD T. 1000068 07/07/2014 017064 UPSHUR, ALICIA D. 1000071 07/21/2014 017066 FELIPE, ABEGAIL 1000072 07/21/2014 017066 FELIPE, ABEGAIL 1000073 07/21/2014 017067 GANN, NICOLE 1000075 07/10/2014 017069 JAMES, BRIAN 1000079 07/10/2014 017073 MCLAUGHLIN, RYAN 1000088 07/10/2014 017080 STAFFIERO, SANDRA 1000090 07/21/2014 017082 WARD, CARLIE 1000091 07/21/2014 010993 WEAVER, DANA 1000092 07/21/2014 017083 WILSON, AMANDA 1000096 07/21/2014 017104 ENGLISH, DENISE 1000097 07/21/2014 017104 ENGLISH, DENISE 1000101 07/21/2014 017107 PROVIDO, ROMEO (Continued) Description 4/28-5/23 ON-CALL ENG SRVCS:PW TRAFFIC 5/26-6/30 ON-CALL ENG SRVCS:PW TRAI 5/26-6/30 ON-CALL ENG SRVCS:PW TRAI Amount Paid Check Total 1,160.00 4,242.50 6,382.50 11,785.00 Electrical srvcs:TVM 125.00 install electrical outlets: tve2 500.00 625.00 Jul janitorial svcs:City facs 21,185.24 21,185.24 refund: sec deposit: crc 200.00 200.00 refund:sec dep:Amphitheater 200.00 200.00 refund:sec dep:picnic rental:RRSP 200.00 200.00 refund: music for young children 55.20 55.20 refund: bear cub university 638.40 638.40 refund: boojum adventure camp 550.00 550.00 refund:sec dep:rm rental:Harveston 200.00 200.00 refund:sec dep:rm rental:Harveston 150.00 150.00 refund:sec dep:rm rental:Harveston 150.00 150.00 refund: bigfoot's crazy art academy 152.00 152.00 refund: parent'n me swim lessons 20.00 20.00 refund: cpr/aed course 8250.303 32.00 32.00 refund: summer day camp 120.00 120.00 refund: summer day camp 240.00 240.00 refund:rm rental:CRC 100.00 100.00 Page:14 apChkLst Final Check List Page: 15 07/24/2014 1:18:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 1000106 07/21/2014 017111 WHITLEY, ELAINE refund: bigfoot's art academy Amount Paid Check Total 85.00 85.00 1000107 07/21/2014 017112 YAMANAKA, CHRISTINA refund: tiny tots multi -sport 36.00 36.00 Grand total for UNION BANK OF CALIFORNIA: 1, 216, 782.83 Page:15 apChkLst Final Check List Page: 16 07/24/2014 1:18:22PM CITY OF TEMECULA 174 checks in this report. Grand Total All Checks. 1,216,782.83 Page:16 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: August 12, 2014 SUBJECT: City Treasurer's Report as of June 30, 2014 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of June 30, 2014. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of June 30, 2014. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of June 30, 2014 Investments GENERAL FUND REPORTS Portfolio Management Portfolio Summary June 30, 2014 Par Market Value Value Book % of Value Portfolio Term City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 42,839,772 97 42,839,772.97 42,839,772.97 4222 1 1 0 090 0.091 1,680,495.07 1,680,495.07 1,680,495.07 1.66 1 1 0.000 0.000 1.00 1.00 1.00 0.00 1 1 0.000 0 000 37,955,022.05 37,965,614.80 37,955,022.05 37.41 1 1 0.225 0 228 3,000,000 00 3,002,570.00 3,000,000.00 2.96 1,035 502 0.963 0.977 16,000,000 00 16,065,550.00 15,992,950 00 15.76 1,319 536 0.799 0.810 101,475,291.09 101,554, 003.84 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 7,310,707 90 Total Earnings Current Year Average Daily Balance Effective Rate of Return 101,468,241.09 100.00% 239 100 0.277 0.280 7,310,707.90 7,310,707 90 108,785, 998.99 108,864,711.74 June 30 Month Ending 22,992.09 111,203,671.52 0.25% Reporting period 06/01/2014-06/30/2014 Run Date: 07/30/2014 - 14:22 1 0.000 0.000 108,778,948.99 239 100 0.277 0.280 Fiscal Year To Date 310,922.37 97,484,736.19 0.32% Fiscal Year Ending 310, 922.37 Portfolio TEME CP PM (PRF_PM1) 7 3.0 Report Ver 7 3 5 CUSIP GENERAL FUND REPORTS Portfolio Management Portfolio Details - Investments June 30, 2014 Page 1 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0 00 0 00 0.00 1 000 0 986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0 00 0.00 0.00 0 000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0 00 0.00 0.00 0 000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0 00 0 00 0 00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0 000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0 00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0 00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0 000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0 000 1 793593016-4 03-2 LOC 2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0 00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0 00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 Run Date: 07/30/2014 - 14:22 Portfolio TEME CP PM (PRF_PM2) 7 3 0 Report Ver 7 3 5 CUSIP Investment # Issuer GENERAL FUND REPORTS Portfolio Management Portfolio Details - Investments June 30, 2014 Average Purchase Balance Date Par Value Page 2 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216000-2 CITY COPLPF2 First American Treasury 0.00 0 00 0.00 0.000 0 000 1 94434160-1 RDA 02 INT1 First American Treasury 1 31 1.31 1.31 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0 00 0.00 0.00 0.000 0.000 1 107886011-2 RDA 06 B PRI First American Treasury 01/01/2014 0 03 0.03 0.03 0.000 0.000 1 107886008-2 RDA 06 CIPA2 first American Treasury 0.00 0.00 0.00 0.000 0 000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2013 0.00 0.00 0.00 0 000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 1.07 1.07 1.07 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,117.03 202,117.03 202,117.03 0.010 0.010 0.010 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 42.62 42.62 42 62 0.000 0.000 1 107886021-2 RDA 07 PRINC First American Treasury 01/01/2014 0.14 0.14 0.14 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,683.08 209,683.08 209,683.08 0.010 0.010 0.010 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,049.75 1,104,049.75 1,104,049.75 0.010 0.010 0.010 1 136343006 RDA 10 DS 1 First American Treasury 1,263,957.78 1,263,957.78 1,263,957.78 0.010 0.010 0.010 1 136343008 RDA 10A CIP2 First American Treasury 19,951.02 19,951 02 19,951.02 0.010 0.010 0.010 1 136343001-2 RDA 10A-INT1 First American Treasury 1.59 1.59 1.59 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 5,186,765.39 5,186,765.39 5,186,765.39 0.010 0.010 0.010 1 136343000-1 RDA 10B-INT1 First American Treasury 2.46 2 46 2.46 0.000 0 000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2013 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,405.72 440,405.72 440,405.72 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 188,616.59 188,616.59 188,616.59 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 773,229.57 773,229.57 773,229.57 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,143,795 40 2,143,795.40 2,143,795.40 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0 010 1 94669922-5 03-01 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 0.02 0.02 0.02 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,790 35 147,790.35 147,790.35 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 699,838.84 699,838.84 699,838.84 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 07/01/2013 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 754,538.66 754,538.66 754,538.66 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 388.80 388.80 388.80 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 1,516,923.94 1,516,923 94 1,516,923.94 0.010 0.010 0.010 1 Run Date: 07/30/2014 - 14: Portfolio TEME CP PM (PRF_PM2) 7 3 0 CUSIP Investment # Issuer Average Balance GENERAL FUND REPORTS Portfolio Management Portfolio Details - Investments June 30, 2014 Purchase Date Par Value Market Value Page 3 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Acc 164742009-5 164742006-5 786776006-5 164742000-5 786776000-5 94669902-5 793593011-5 793593009-5 793593016-5 793593010-5 793593006-5 793593000-5 793593007-5 744727006-5 744727011-5 94686001-5 94686005-5 94686000-5 94686006-5 744727000-5 146161000-5 146161001-5 146161006-5 146161008-5 146161009-5 94432363 793593011-1 793593009-1 793593007-1 793593010-1 793593006-3 122216008 122216003-1 107886008-1 107886018-2 107886030-1 Run Date: 07/30/2014 - 14; ants 03-06 COI 03-06 RES 03-06 RES11 03-06 SPEC 03-06SPTAX11 03-1 bond fd 03-2 ACQ11 03-2 EMWD11 03-2 LOC11 03-2 PWADM11 03-2 RES11 03-2 SPTX 03-2-IMPR11 03-3 RES11 03-3ACQ11 03-4 ADMIN11 03-4 PREP11 03-4 RED11 03-4 RES11 03-SSPTAX11 146161000-5 146161001-5 RDA 11 DS11 RDA 11ACIP11 RDA 11ACOI11 02001 03-2-1 ACQUI 03-2-1 EMWD 03-2-1 IMPRO 03-2-1 PW AD 03-2-3 RESER CITY COP CIP CITY COP RE1 RDA 06 CIP-1 RDA 06 CIP-2 RDA 07 CAP -1 Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Financial Security Assurance CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun 07/01/2013 07/01/2013 07/01/2013 07/01/2013 07/01/2013 0 00 776.34 0.00 230,121 85 0.00 0.16 848,647.17 1,097.69 141, 998.84 0.00 0.00 2,278,462.00 1,144.36 0.00 000 507.46 0.02 87,865.63 65,502.92 0.00 65.85 0.40 1, 307, 870.20 7,270,183.21 000 0.00 12,445,189.88 0.00 0.00 0.00 3,508,091.34 0.00 0.00 0.00 0.00 0.00 0 00 0 00 0.001 0.001 0 001 776 34 776 34 0 010 0 010 0.010 0.00 0.00 0.001 0.001 0.001 230,121.85 230,121 85 0.010 0.010 0.010 0 00 0 00 0.001 0.001 0.001 0.16 0.16 0.000 0.000 848,647.17 848,647.17 0.010 0.010 0 010 1,097.69 1,097.69 0.010 0.010 0.010 141,998.84 141,998.84 0.010 0.010 0.010 0.00 0.00 0.010 0 010 0.010 0.00 0.00 0.010 0.010 0.010 2,278,462.00 2,278,462.00 0.010 0.010 0.010 1,144.36 1,14436 0.010 0.010 0.010 0.00 0 00 0.001 0.001 0.001 0.00 0.00 0.001 0.001 0.001 507.46 507.46 0.010 0.010 0.010 0.02 0.02 0.000 0.000 87,865.63 87,865.63 0.010 0.010 0.010 65,502.92 65,502.92 0.010 0.010 0.010 0.00 0.00 0.001 0.001 0.001 65.85 65.85 0.010 0 010 0,010 0.40 0.40 0.000 0.000 1,307,870.20 1,307,870.20 0.010 0010 0.010 7,270,183.21 7,270,183 21 0.010 0.010 0.010 0.00 0.00 0.020 0.020 0.020 0.00 0 00 0.000 0.000 12,445,189.88 12,445,189.88 0.228 0.225 0.228 0.00 0.00 0.228 0.225 0.228 0,00 0.00 0.228 0.225 0.228 0.00 0.00 0.228 0.225 0.228 3,508,091.34 3,508,091.34 0.228 0 225 0.228 0.00 0.00 0.228 0.225 0.228 0.00 0,00 0.228 0225 0.228 0.00 0.00 0.228 0.225 0.228 0.00 0 00 0.228 0.225 0.228 0.00 0 00 0.228 0.225 0.228 Portfolio TEME CP PM (PRF_PM2) 7 3 0 CUSIP Investment # Issuer Average Balance GENERAL FUND REPORTS Portfolio Management Portfolio Details - Investments June 30, 2014 Purchase Date Par Value Market Value Page 4 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886027-1 RDA 07 ESC -1 107886028-1 RDA 07 PRO -1 107886026-1 RDA 07 RES -1 107886006 RDA 06 RES A 94434166 RDA TABs RES 94669905-0 03-01 REF 744727099-0 03-03 REF 786776099-0 03-06 REF SYS95453516-1 95453516-1 CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun MBIA Surety Bond MBIA Surety Bond USBANK USBANK USBANK USBANK Subtotal and Average 40,115,060.03 Retention Escrow ccount 194012308-16 ARMY CORPS SYSPI aza Prtnr PORTOLA TRRC 39211000 RJ NOBLE Army Corps PI aza Prtnr Portola Trrc Summerhouse Bank of Sacramento Union Bank Wells Fargo Bank Wells Fargo Bank Wells Fargo Bank Subtotal and Average 07/01/2013 07/01/2013 07/01/2013 07/01/2013 0 00 0.00 0.00 1,00 1.00 0.00 0.00 0.00 0.00 0 00 0 00 0.00 1.00 1.00 0 00 0 00 0 00 0.00 42,839,772.97 42,839,772.97 07/01/2013 Letter of Credit 104348006-1 1,724,883.54 0.00 0.00 0.00 1.00 1.00 0.00 0.00 0.00 0.00 42,839,772.97 0.228 0.228 0.228 0.225 0 228 1 0.225 0 228 1 0.225 0.228 1 0.000 0 000 1 0.000 0.000 1 0 000 0 000 1 0.000 0.000 1 0.000 0 000 1 0.000 0.000 1 0.090 0.091 1 0.00 600,232.98 0.00 0.00 1,080,262.09 1,680,495.07 0.00 600,232.98 0.00 0.00 1, 080, 262.09 0.00 600,232.98 0.00 0.00 1,080,262.09 1,680,495.07 1,680,495.07 0.000 0.000 1 0.000 0 000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 02008 ASSURANCE CO BOND INSURANCE Local Agency In 94669917-1 164742006-1 94669911-1 94669921-1 744727011-1 744727007-1 786776007-1 164741006-1 SYSCITY SYSRDA SYSRDA 10 DS 2 SYSRDA 10A CIP1 Run Date: 07/30/2014 -14' Subtotal and Average ent Funds 1.00 07/01/2013 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 1.00 0.000 0.000 1 03-01-1 RES 03-06 RES -1 03-1 ACQ A2 03-1 ACQ B2 03-3 ACQ 2 03-3 CITY 2 03-6 IMP 1 0303-1 RES CITY RDA RDA 10 DS 2 RDA 10A CIP1 CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun 767, 795.13 307,118.05 000 0.00 0.00 0.00 0.00 1,423,181.03 13,880,919.48 1,747.03 0.00 0.00 767,795.13 307,118.05 0.00 0.00 0.00 0.00 0.00 1,423,181.03 13,885,066.40 1,747.55 0.00 0.00 767,795 13 0.228 0.225 0 228 307,118.05 0.228 0 225 0.228 0.00 0.228 0.225 0.228 0.00 0.228 0.225 0.228 0.00 0.228 0.225 0.228 0.00 0.228 0 225 0.228 0.00 0.228 0.225 0.228 1,423,181.03 0.228 0.225 0.228 13,880,919 48 0.228 0 225 0.228 1,747.03 0.228 0 225 0.228 0.00 0.228 0.225 0.228 0.00 0.228 0.225 0.228 Portfolio TEME CP PM (PRF_PM2) 7 3 0 CUSIP GENERAL FUND REPORTS Portfolio Management Portfolio Details - Investments June 30, 2014 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 136343018-1 RDA 1OB CIP1 CA Local Agency Investment Fun SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 37,621,688.72 0.00 21, 574, 261.33 37,955,022.05 0.00 0.00 0.228 0 225 0.228 1 21,580,706.64 21,574,261.33 0.228 0.225 0.228 1 37,965,614.80 37,955,022.05 0.225 0.228 1 Federal Agency Callable Securities 3130A1WX2 01195 Federal Home Loan Bank 3134G3BV1 01179 Federal Home Loan Mtg Corp 3135G0PR8 01191 Federal National Mtg Assn Subtotal and Average 3,000,000.00 05/28/2014 12/09/2011 10/09/2012 1, 000, 000.00 1, 000, 000.00 1, 000, 000.00 998,860.00 1, 003, 000.00 1,000,710.00 3,000,000.00 3,002,570.00 1,000,000 00 1 .050 1.036 1.050 150 11/28/2014 1, 000, 000.00 1 400 1 381 1.400 892 12/09/2016 1,000,000.00 0.480 0.473 0.480 465 10/09/2015 3,000,000.00 0.963 0.977 502 Federal Agency Bullet Securities 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000 00 1,000,660 00 1,000,000 00 0 875 0.863 0 875 31 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,015,480 00 1,000,000.00 1.300 1 282 1.300 828 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,010,420.00 1,000,000.00 1.050 1.036 1.050 482 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,008,400.00 1,000,000.00 0.970 0.957 0.970 510 11/23/2015 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,010,080.00 1,000,000.00 1.000 0.986 1 000 526 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,007,960.00 1,000,000.00 0.850 0.838 0 850 567 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,001,580.00 1,000,000.00 0.410 0.404 0410 485 10/29/2015 3133EDN0 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 1,003,610.00 1,000,000.00 1.200 1.179 1.195 1,290 01/11/2018 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,001,820.00 1,000,000 00 1 000 0.986 1 000 83 09/22/2014 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,002,380.00 1,000,000.00 0 520 0.513 0 520 206 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,560.00 1,000,000.00 0.400 0.395 0.400 227 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,002,950.00 1,000,000.00 0.500 0.493 0.500 325 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,007,440.00 1,000,000.00 0.900 0.888 0.900 636 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 996,840.00 1,000,000.00 0.550 0.542 0.550 910 12/27/2016 3135G01 -1G1 01190 Federal National Mtg Assn 07/05/2012 1,000,000,00 1,001,710.00 999,270.00 0.375 0.399 0.404 258 03/16/2015 3135GOPQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 992,660.00 993,680.00 0.875 1.026 1.040 1,213 10/26/2017 Subtotal and Average 15,659,616.67 16,000,000.00 16,065,550.00 15,992,950.00 0.799 0.810 536 Run Date: 07/30/2014 - 22 Total and Average 111,203,671.52 101,475,291.09 101,554,003.84 101,468,241.09 0.277 0.280 100 Portfolio TEME CP PM (PRF_PM2) 7 3 0 CUSIP GENERAL FUND REPORTS Portfolio Management Portfolio Details - Cash June 30, 2014 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 4110170281 EDGEDEV TORRY PINES BANK 23303800 PCL CONST Wells Fargo Bank 44,420 26 44,420.26 44,420.26 0 000 0 000 1 07/01/2013 0.00 0 00 0 00 0.000 0.000 1 07/01/2013 0.00 0 00 0 00 0.000 0 000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2013 3,110.00 3,110.00 3,110.00 0.000 0 000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2013 21,464.53 21,464.53 21,464.53 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 7,232,920.11 7,232,920.11 7,232,920.11 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2013 8,793.00 8,793 00 8,793.00 0.000 0 000 1 Average Balance 0.00 1 Total Cash and Investments Run Date: 07/30/2014 - 14:2 111,203,671.52 108,785,998.99 108, 864,711.74 108,778,948.99 0.277 0.280 100 Portfolio TEME CP PM (PRF_PM2) 7 3 0 Cash and Investments Report CITY OF TEMECULA Through June 2014 Fund # Fund Name Beainnina Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 23,470,009.18 $ 12,182,382.57 $ 8,244,541.08 $ 27,407,850.67 100 STATE GAS TAX FUND 394,712.54 $ 477,912.52 $ 44.76 872,580.30 120 DEVELOPMENT IMPACT FUND 4,137,766.92 $ 530,982.99 $ 178,835.25 4,489,914.66 135 BUSINESS INCUBATOR RESOURCE 69,412.77 $ 2,653.22 $ 8,425.47 63,640.52 140 COMMUNITY DEV BLOCK GRANT - $ 132,123.27 $ 132,123.27 - 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 156,833.26 $ 14.44 $ 8.05 156,839.65 150 AB 2766 FUND 405,124.64 $ 33,431.28 $ 3,294.53 435,261.39 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES $ 16,667.52 $ 16,667.52 161 LARRY ROBINSON REWARD 25,098.36 $ 2.31 $ 1.29 25,099.38 165 AFFORDABLE HOUSING (5,631.79) $ 269,376.10 $ 34,832.77 228,911.54 166 SARDA HOUSING 15,036,794.83 $ 186.47 $ 44.86 15,036,936.44 170 MEASURE A FUND 3,548,050.43 $ 240,243.97 $ 194.33 3,788,100.07 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,428,730.73 $ 552,395.91 $ 830,287.88 2,150,838.76 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 220,286.14 $ 5.90 $ 156,145.71 64,146.33 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 3,202,309.78 $ 294.17 $ 7,329.03 3,195,274.92 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 16,466.50 $ 1.51 $ 0.84 16,467.17 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 323,834.80 $ 36.55 $ 14,393.02 309,478.33 197 TEMECULA LIBRARY FUND 396,499.91 $ 13,992.79 $ 72,102.18 338,390.52 210 CAPITAL IMPROVEMENT PROJECT FUND 7,522,461.29 $ 2,646,436.76 $ 998,443.24 9,170,454.81 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,143,921.68 $ 18.21 $ 2,143,939.89 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 754,532.25 $ 6.41 $ - 754,538.66 277 CFD-RORIPAUGH 13,293,754.16 $ 12.14 $ - 13,293,766.30 300 INSURANCE FUND 381,928.50 $ 26.38 $ 95,358.61 286,596.27 310 VEHICLES AND EQUIPMENT FUND 1,337,494.47 $ 122.85 $ 3,213.26 1,334,404.06 320 INFORMATION TECHNOLOGY 340,823.85 $ 1,270.85 $ 341,954.66 140.04 330 CENTRAL SERVICES 434,398.85 $ 138.85 $ 57,726.98 376,810.72 340 FACILITIES 237,802.86 $ 363.01 $ 107,670.57 130,495.30 375 SUMMER YOUTH EMPLOYMENT PROGRAM 0.95 $ - $ 0.95 380 SARDA DEBT SERVICE FUND 3,463,042.98 $ 591,942.51 $ 1,058,902.23 2,996,083.26 381 REDEVELOPMEN PROPERTY TAX TRUST 520,476.69 $ 3,597,666.83 $ 125,179.89 3,992,963.63 460 CFD 88-12 DEBT SERVICE FUND 86,933.35 $ 8.00 $ 4.46 86,936.89 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,449,807.40 $ 505,681.84 $ 506,922.29 1,448,566.95 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,641,077.31 $ 424,138.21 $ 425,133.56 1,640,081.96 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 159,848.48 $ 45,594.88 $ 45,843.72 159,599.64 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,279,596.74 $ 904,779.00 $ 906,259.98 3,278,115.76 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 552,184.20 $ 150,864.80 $ 151,613.54 551,435.46 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,279,482.48 $ 1,592,256.61 $ 1,601,034.31 7,270,704.78 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 25,890.04 $ 4.59 $ 2,518.37 23,376.26 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 69,839.29 $ 7.84 $ 2,442.56 67,404.57 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 53,013.11 $ 6.44 $ 4,093.67 48,925.88 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 6,447.71 $ 0.91 $ 468.63 5,979.99 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 17,716.65 $ 5.27 $ 3,445.85 14,276.07 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 30,227.21 $ 3.37 $ 1,371.41 28,859.17 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 12,878.44 $ 2.09 $ 1,252.38 11,628.15 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 79,409.05 $ 12.88 $ 12,140.66 67,281.27 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 19,658.43 $ 1.85 $ 153.01 19,507.27 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7,171.38 $ 0.87 $ 1,016.12 6,156.13 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,945.11 $ 0.36 $ 203.72 1,741.75 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 54,903.16 $ 8.71 $ 8,890.76 46,021.11 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 13,580.97 $ 1.54 $ 7,131.87 6,450.64 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 7,851.64 $ 1.10 $ 1,838.64 6,014.10 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 4,339.78 $ 0.78 $ 1,063.16 3,277.40 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 73,036.60 $ 7.65 $ 2,006.52 71,037.73 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,876.79 $ 0.26 $ 104.76 1,772.29 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 45,171.85 $ 7.01 $ 14,008.66 31,170.20 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 80,088.24 $ 8.99 $ 6,618.60 73,478.63 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 226,726.14 $ 24.93 $ 21,069.56 205,681.51 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 175,773.91 $ 23.41 $ 31,651.01 144,146.31 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3,461.32 $ 0.41 $ 1,734.06 1,727.67 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10,193.28 $ 1.14 $ 618.91 9,575.51 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 140,571.23 $ 14.76 $ 42,414.07 98,171.92 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 57,244.11 $ 6.89 $ 2,394.93 54,856.07 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2,982.36 $ 0.33 $ 168.67 2,814.02 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 3,623.40 $ 0.41 $ 1,973.91 1,649.90 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 299,067.43 $ 33.95 $ 21,686.14 277,415.24 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5,679.99 $ 0.73 $ 226.81 5,453.91 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,493.72 $ 3.09 $ 1.72 33,495.09 Grand Total: $ 100,269,729.83 $ 24,914,224.19 $16,319,242.28 $108,864,711.74 Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: August 12, 2014 SUBJECT: City of Temecula City Flag Policy/Administrative Guidelines (At the Request of Mayor Edwards) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council receive and file City of Temecula City Flag Policy/Administrative Guidelines. BACKGROUND: At the request of Mayor Edwards, City staff has drafted an administrative policy with guidelines to allow the City of Temecula City Flag ("City Flag") to be made available to citizens, organizations, interested groups or individuals who would like to fly the City Flag at their residence, business or during ceremonies, activities or community events. This policy provides an opportunity to borrow the City Flag from the Temecula Public Library with a valid library card, or purchase one at cost from City Hall. It also requires that the City Flag will be treated with flag etiquette and honors, and accorded the courtesies of respect consistent with the State and United States Flag. This policy may be administratively refined or interpreted by the City Clerk as necessary and in the interest to protect the adopted City Seal and City Flag. FISCAL IMPACT: Sufficient funds in the amount of $560 were budgeted within City Manager Account 001.110.999.5250, Outside Services, which covers the initial cost of two new City Flags to be placed at the Temecula Public Library. It is anticipated these flags will remain in good condition for several years before needing to be replaced. ATTACHMENTS: 1. City of Temecula City Flag Policy/Administrative Guidelines 2. 2011 Congressional Report, "The United States Flag: Federal Law Relating to Display and Associated Questions" CITY OF TEMECULA Administrative Guidelines PROCEDURE: City of Temecula City Flag Policy UPDATED: August 12, 2014 DEPARTMENT: City Manager POLICY: The City wishes to make available the City of Temecula City Flag ("City Flag") to citizens, organizations, interested groups or individuals who would like to fly the City Flag at their residence, business or during ceremonies, activities or community events. The City Flag must be used and displayed consistently with the terms outlined in this City of Temecula City Flag Policy ("Policy"). PROCEDURE: The City Flag is designed to be centered on the City's adopted City Seal, with a white background and a diagonal purple and yellow stripe that surrounds the City Seal. The City Clerk has custody and charge of the City Seal; therefore, use of the City Flag is subject to the following conditions: 1. The design of the City Seal and the City Flag is the property of the City of Temecula and shall not be reproduced except as authorized by the City Clerk. 2. The City Flag shall not be used as, or in conjunction with, merchandise for sale or advertisements except as authorized by the City Clerk. 3. The City Flag must be treated with flag etiquette and honors; and accorded the courtesies of respect consistent with the State and United States Flag. This Policy complements Federal and State Code and flag protocol including the United States Code, Title 4; Flag Code, and California Government Code, Chapter 3, Sections 430-439; Display of Flags. In 2011, a congressional report entitled "The United States Flag: Federal Law Relating to Display and Associated Questions" was published to address frequently asked questions regarding proper respect and handling of the United States flag and is attached for reference. 4. Displaying of the City Flag outdoors must comply with Development Standards of Temecula Municipal Code, Title 17, Zoning. 5. Citizens, organizations, interested groups or individuals may obtain a City Flag as follows: a) The City Flag may be purchased from the City Hall at its cost. b) The City Flag may be borrowed from the Temecula Public Library subject to Temecula Public Library loan policies with a valid Riverside County Library Card. 1) The City Clerk shall maintain at least two City Flags in good condition at the Temecula Public Library for this purpose. 6. The City Flag should be cleaned in a manner that is best suited to the material of the flag. When the City Flag is in such condition that it is no longer an appropriate emblem for display, it shall be the responsibility of the buyer/borrower of the flag to return said flag to the City Clerk for appropriate disposal/destruction. 7. It shall be the responsibility of any nonprofit organization that provides programs or services which benefit Temecula residents, and is the recipient of a City Flag purchased through governmental grant funding, to return the City Flag to the City Clerk upon dissolution of the nonprofit organization. 8. All recipients of the City Flag shall agree in writing to the terms of this Policy. 1of11 age - ` Congressional 4 Research Service The United States Flag: Federal Law Relating to Display and Associated Questions John R. Luckey Legislative Attorney January 24, 2011 CRS Report for Congress Congressional Research Service 7-5700 www.crs.gov RL30243 Prepared for Members and Committees of Congress The United States Flag: Federal Law Relating to Display and Associated Questions Summary This report presents, verbatim, the United States "Flag Code" as found in Title 4 of the United States Code and the section of Title 36 which designates the Star-Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The "Flag Code" includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The "Code" also grants to the President the authority to modify the rules governing the flag. The report also addresses several of the frequently asked questions concerning the flag. The subject matter of these questions includes the pledge of allegiance and the court decisions concerning it, the nature of the codifications of customs concerning the flag in the "Flag Code," display of the flag 24 hours a day, flying the flag in bad weather, flying the flag at half-staff, ornaments on the flag, destruction of worn flags, display of the U.S. flag with flags of other nations or of states, commercial use of the flag, size and proportion of the flag, restrictions upon display of the flag by real estate associations, and the country of origin of flags used on the caskets of veterans. Congressional Research Service The United States Flag: Federal Law Relating to Display and Associated Questions Contents Background 1 The Flag Code—History and Text 2 Title 4 United States Code• 2 § 4. Pledge of Allegiance to the Flag; Manner of Delivery 2 § 5. Display and Use of Flag by Civilians; Codification of Rules and Customs; Definition 2 § 6. Time and Occasions for Display 2 § 7. Position and Manner of Display 3 § 8. Respect for Flag 5 § 9. Conduct During Hoisting, Lowering or Passing of Flag 6 § 10. Modification of Rules and Customs by President 7 Title 36 United States Code: 7 § 301. National Anthem 7 Frequently Asked Questions on Flag Display, Use, and Associated Matters 7 Pledge of Allegiance 7 Nature of Codification of Customs and Rules 8 Display of the Flag 24 Hours a Day 8 Flying the Flag During Inclement Weather 9 Flying the Flag at Half -Staff 9 Ornaments on Flag Staffs, Fringes on Flag 10 Destruction of Worn Flags 10 Display of United States Flag with Flags of Other Nations or of States 11 Use of the Flag in Jewelry, Commercial Products, Wearing Apparel, and Advertising 12 Restrictions on Size and Proportions of the Flag 13 Restrictions on Display of the Flag by Real Estate Associations 13 Flags Supplied for Veterans' Caskets 13 Contacts Author Contact Information 14 Congressional Research Service The United States Flag: Federal Law Relating to Display and Associated Questions Background Public concern and confusion regarding the proper respect shown to the United States flag has given rise to many questions on the law relating to the flag's handling, display, and use. Both the state governments and the federal government have enacted legislation on this subject. On the national level the Federal Flag Code' provides uniform guidelines for the display of and respect shown to the flag. In addition to the Code, Congress has by statute designated the national anthem and set out the proper conduct during its presentation.2 The Code is designed "for the use of such civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments" of the federal government.3 Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups. The Federal Flag Code does not purport to cover all possible situations. Although the Code empowers the President of the United States to alter, modify, repeal, or prescribe additional rules regarding the flag,4 no federal agency has the authority to issue "official" rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code itself, however, suggests a general rule by which practices involving the flag may be fairly tested: "No disrespect should be shown to the flag of the United States of America."5 Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown. In addition to the Flag Code, a separate provision contained in the Federal Criminal Code established criminal penalties for certain treatment of the flag.6 Prior to 1989, this provision provided criminal penalties for certain acts of desecration to the flag. In response to the Supreme Court decision in Texas v. Johnson' (which held that anti -desecration statutes are unconstitutional if aimed at suppressing one type of expression), Congress enacted the Flag Protection Act of 1989 to provide criminal penalties for certain acts which violate the physical integrity of the flag.8 This law imposed a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor, or trampling upon any flag of the United States. In 1990, however, the Supreme Court held that the Flag Protection Act was unconstitutional as applied to a burning of the flag in a public protest.9 1 4U.S.C. §§ 4-10. 2 36 U.S.C. § 301. 3 4 U.S.C. § 5. 44U.S.C.§10. 54U.S.C.§8. 6 18 U.S.C. § 700. 7 491 U.S. 397 (1989). For further information on this case, see, CRS Report 89-394, Texas v. Johnson: Flag Desecration and the First Amendment. 8 P.L. 101-131, the Flag Protection Act of 1989, amending 18 U.S.C. § 700. 9 United States v. Eichman, 496 U.S. 310 (1990). For further information on this case, see CRS Report 90-301, United States v. Eichman, the Flag Protection Act of 1989 Held Unconstitutional. See also, CRS Report 95-709, Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments, by John R. Luckey. Congressional Research Service 1 The United States Flag: Federal Law Relating to Display and Associated Questions The Flag Code—History and Text On June 22, 1942, President Franklin D. Roosevelt approved House Joint Resolution 303 codifying the existing customs and rules governing the display and use of the flag of the United States by civilians.10 Amendments were approved on December 22nd of that year." The law included provisions of the code adopted by the National Flag Conference, held in Washington, DC, on June 14, 1923, with certain amendments and additions. The Code was reenacted, with minor amendments, as part of the Bicentennial celebration.12 In the 105t1i Congress, the Flag Code was removed from title 36 of the United States Code and re -codified as part of title 4.13 Title 4 United States Code: § 4. Pledge of Allegiance to the Flag Manner of Delivery The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non -religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart.14 Persons in uniform should remain silent, face the flag, and render the military salute. § 5. Display and Use of Flag by Civilians; Codification of Rules and Customs; Definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to Sections 1 and 2 of Title 4 and Executive Order 10834 issued pursuant thereto. § 6. Time and Occasions for Display (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. (b) The flag should be hoisted briskly and lowered ceremoniously. 10 P.L. 623, 7701 Cong., 56 Stat. 377. 11 P.L. 829, 7701 Cong., 56 Stat. 1074. 12 P.L. 94-344. 13 P.L. 105-225, § 300111. 14 Under § 9 Veterans and members of the military not in uniform are now permitted to salute. See, 4 U.S.C. § 9 as amended by P.L. 110-181, § 594. Congressional Research Service 2 The United States Flag: Federal Law Relating to Display and Associated Questions (c) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Martin Luther King Jr.'s birthday, the third Monday in January;15 Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; National Korean War Veterans Armistice Day, July 27;16 Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (e) The flag should be displayed daily on or near the main administration building of every public institution. (f) The flag should be displayed in or near every polling place on election days. (g) The flag should be displayed during school days in or near every schoolhouse. § 7. Position and Manner of Display The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line. (a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section. (b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff should be fixed firmly to the chassis or clamped to the right fender. (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to or in place of the flag of the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. 15 Martin Luther King Jr.'s birthday was added by P.L. 106-80, 113 Stat. 1285. 16 Nation Korean War Veterans Armistice Day was added by P.L. 111-41, 123 St. 1962. Congressional Research Service 3 The United States Flag: Federal Law Relating to Display and Associated Questions (d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. (f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. (i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. (j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. (k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. (1) The flag should form a distinctive feature of the ceremony of unveiling a statute or monument, but it should never be used as the covering for the statute or monument. (m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day, the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a state, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or Congressional Research Service 4 The United States Flag: Federal Law Relating to Display and Associated Questions practices not inconsistent with law. In the event of the death of a present or former official of the government of any state, territory, or possession of the United States or the death of a member of the Armed Forces from any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff, and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District of Columbia. When the Governor of a State, territory, or possession, or the Mayor of the District of Columbia, issues a proclamation under the preceding sentence that the National flag be flown at half-staff in that State, territory, or possession or in the District of Columbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation or facility in the area covered by that proclamation shall be flown at half-staff consistent with that proclamation. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice -President, the Chief Justice or a retired Chief Justice of the United States or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice -President, or the Governor of a state, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection— (1) The term "half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff; (2) the term "executive or military department" means any agency listed under Sections 101 and 102 of Title 5, United States Code; and (3) the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. (n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. (o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. § 8. Respect for Flag No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, state flags, and organization or institutional flags are to be dipped as a mark of honor. (a) The flag should never be displayed with union down, except as a signal of dire distress in instances of extreme danger to life or property. Congressional Research Service 5 The United States Flag: Federal Law Relating to Display and Associated Questions (b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. (c) The flag should never be carried flat or horizontally, but always aloft and free. (d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping in front of the platform, and for a decoration in general. (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. (f) The flag should never be used as a covering for a ceiling. (g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. (h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. (i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. § 9. Conduct During Hoisting, Lowering or Passing of Flag During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with the right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes. Congressional Research Service 6 The United States Flag: Federal Law Relating to Display and Associated Questions § 10. Modification of Rules and Customs by President Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander -in -Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. Title 36 United States Code: § 301. National Anthem (a) Designation.—The composition consisting of the words and music known as the Star- Spangled Banner is the national anthem. (b) Conduct During Playing.—During a rendition of the national anthem— (1) when the flag is displayed— (A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart; (B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and (C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note. (2) When the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed. Frequently Asked Questions on Flag Display, Use, and Associated Matters Pledge of Allegiance The Pledge of Allegiance is set forth in 4 U.S.C. § 4. In 1954, Congress added to the "Pledge of Allegiance" the phrase "under God" after "nation."17 Questions about the "Pledge of Allegiance" usually involve practices and requirements of local and state statutes mandating participation in the recitation of the "Pledge" in some manner (e.g., flag salute and pledge, standing quietly, standing at attention) in schools. Provisions involving compulsory participation in "Pledge" activities are usually attacked as violations of the free speech clause of the First Amendment or the free exercise of religion clause. 17 P.L. 396, 83rd Cong., 68 Stat. 249. Congressional Research Service 7 The United States Flag: Federal Law Relating to Display and Associated Questions In 1943, the Supreme Court held that a state -required compulsory flag salute -Pledge of Allegiance violated the First Amendment rights of members of the Jehovah's Witnesses religious group.'$ In 2002, a three-judge panel of the Ninth Circuit had held both the 1954 federal statute adding the words "under God" to the Pledge of Allegiance and a California school district policy requiring teachers to lead willing school children in reciting the pledge each school day to violate the Establishment Clause of the First Amendment.19 A subsequent modification eliminated the holding regarding the federal statute but retained the ruling holding that the California statute coerces children into participating in a religious exercise.20 The Supreme Court, on Flag Day 2004, reversed the Ninth Circuit, finding that Newdow lacked standing to challenge the school district's policy.2' Nature of Codification of Customs and Rules The Flag Code is a codification of customs and rules established for the use of certain civilians and civilian groups. No penalty or punishment is specified in the Flag Code for display of the flag of the United States in a manner other than as suggested. Cases which have construed the former 36 U.S.C. § 17522 have concluded that the Flag Code does not proscribe conduct, but is merely declaratory and advisory.23 Display of the Flag 24 Hours a Day There is no absolute prohibition in federal law on flying the flag 24 hours a day. The Flag Code states: It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag maybe displayed 24 hours a day if properly illuminated during hours of darkness.24 There are eight sites in the United States where the flag is flown day and night under specific legal authority: Fort McHenry National Monument, Baltimore, MD;25 Flag House Square, Baltimore, MD;26 the United States Marine Corps Iwo Jima Memorial, Arlington, VA;27 Lexington, MA;28 the White House;29 the Washington Monument;30 United States Customs ports 18 See, West Virginia Board of Education v. Barnett, 319 U.S. 624 (1943). 19 Newdow v. U.S., 292 F.3rd 597 (9t11 Cir. 2002). For a full discussion of this case, see CRS Report RS21250, The Constitutionality of Including the Phrase "Under God" in the Pledge of Allegiance, by Henry Cohen. 20 Newdow v. U.S. Congress, 328 F.3rd 746 (9t11 Cir. 2003). 21 Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004). 22 Now codified at 4 U.S.C. § 7. 23 See e.g., Homes v. Wallace, 407 F. Supp. 493 (M.D. Ala.), afPd without published opinion, 540 F.2d 1083 (5t1i Cir. 1976); and State of Delaware ex. rel Trader v. Hodsdon, 265 F. Supp. 308 (D. Del. 1967); see also N.A.A. C.P. v. Hunt, 891 F.2d 1555 (11th Cir. 1990). 24 4 U.S.C. § 6(a). 25 Proclamation No. 2795, July 2, 1948, 62 Stat. 1526. 26 P.L. 319, 83rd Cong., 68 Stat. 35. 27 Proclamation No. 3418, June 12, 1961, 75 Stat. 1068. 28 P.L. 89-355, 79 Stat. 1294. 29 Proclamation No. 4000, Sept. 4, 1970, 84 Stat. 2243. Congressional Research Service 8 The United States Flag: Federal Law Relating to Display and Associated Questions of entry;31 and Valley Forge State Park, PA.32 The reports that accompanied these official acts indicate that the specific authority was intended only as a form of tribute to certain historic sites rather than as exceptions to the general rule of the Code. As a matter of custom, and without specific statutory or official authorization, the flag is flown at night at many other sites, including the United States Capitol. It would seem that display of the flag in a respectful manner with appropriate lighting does not violate the spirit of the Flag Code since the dignity accorded to the flag is preserved by lighting that prevents its being enveloped in darkness. Flying the Flag During Inclement Weather The Flag Code states: The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.33 The language of this section reflects the now -popular use of flags made of synthetic fabrics that can withstand unfavorable weather conditions. It is not considered disrespectful to fly such a flag even during prolonged periods of inclement weather. However, since the section speaks in terms of "days when the weather is inclement," it apparently does not contemplate that on an otherwise fair day, the flag should be lowered during brief periods of precipitation. Flying the Flag at Half -Staff The Flag Code sets out detailed instructions on flying the flag at half-staff on Memorial Day and as a mark of respect to the memory of certain recently deceased public officials.34 This section embodies the substance of Presidential Proclamation No. 3044,35 entitled "Display of Flag at Half -Staff Upon Death of Certain Officials and Former Officials." The section provides that the President shall order the flag flown at half-staff for stipulated periods "upon the death of principal figures of the United States Government and the Governor of a state, territory, or possession." After the death of other officials or foreign dignitaries, the flag may be flown at half-staff according to presidential instructions or in accordance with recognized custom not inconsistent with law. In addition, the governor of a state, territory, or possession, or the mayor of the District of Columbia, may direct that the national flag be flown at half-staff, in the event of the death of a present or former official of the respective government or in the event of the death of a member of the Armed Forces from that jurisdiction.36 (...continued) 30 Proclamation No. 4064, July 10, 1971, 85 Stat. 916. 31 Proclamation No. 4131, May 9, 1972, 86 Stat. 1633. 32 P.L. 94-53, 89 Stat. 259. 33 4 U.S.C. § 6(c). 34 4 U.S.C. § 7(m). 35 March 1, 1954, 68 Stat. C32. 36 In 2007, P.L. 110-41, added the mayor of the District of Columbia to this provision and authorized the governors and the mayor to issue proclamations to lower the flag to half-staff in honor of members of the Armed Forces from their (continued...) Congressional Research Service 9 The United States Flag: Federal Law Relating to Display and Associated Questions Presidents also have ordered the flag to be flown at half-staff on the death of leading citizens, not covered by law, as a mark of official tribute to their service to the United States. Martin Luther King, Jr. is among those who have been so honored. Again, the provisions of the Flag Code on flying the flag at half-staff are, like all the Code's provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half- staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual's lowering his own flag or that make such display alone a form of desecration. Ornaments on Flag Staffs, Fringes on Flag The Flag Code is silent as to ornaments (finials) for flagstaffs. We know of no law or regulation which restricts the use of a finial on the staff. The eagle finial is used not only by the President, the Vice President, and many other federal agencies, but also by many civilian organizations and private citizens. The selection of the type finial used is a matter of preference of the individual or organization. The placing of a fringe on the flag is optional with the person or organization, and no act of Congress or executive order either requires or prohibits the practice. Fringe is used on indoor flags only, as fringe on flags used outdoors would deteriorate rapidly. The fringe on a flag is considered an "honorable enrichment only" and its official use by the Army dates from 1895. A 1925 Attorney General's Opinion states: The fringe does not appear to be regarded as an integral part of the flag, and its presence cannot be said to constitute an unauthorized addition to the design prescribed by statute. An external fringe is to be distinguished from letters, words, or emblematic designs printed or superimposed upon the body of the flag itself. Under the law, such additions might be open to objection as unauthorized; but the same is not necessarily true of the fringe.37 Destruction of Worn Flags The Flag Code states: The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.38 The act is silent on procedures for burning a flag. It would seem that any procedure which is in good taste and shows no disrespect to the flag would be appropriate. The Flag Protection Act of 1989,39 struck down albeit on grounds unrelated to this specific point,40 prohibited inter alia (...continued) jurisdiction. 37 34 Op. Atty. Gen. 483. 38 4 U.S.C. § 8(k). 39PL.101-131. 4° See, United States v. Eichman, 496 U.S. 310 (1990). Congressional Research Service 10 The United States Flag: Federal Law Relating to Display and Associated Questions "knowingly" burning of a flag of the United States, but excepted from prohibition "any conduct consisting of disposal of a flag when it has become worn or soiled." Display of United States Flag with Flags of Other Nations or of States The Flag Code sets out rules for position and manner of display of the flag in 4 U.S.C. § 7. The question as to the propriety of flying the flag of another nation at an equal level with that of the flag of the U.S. is not clear from the face of the statute. Section 7 contains two subsections on point and these provisions appear to be contradictory. Subsection 7(c) states: (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to or in place of the flag of the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.41 Subsection 7(g) states: (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.42 The wording of § 7(g) is identical to that of the original Flag Code enacted in 1942.43 The second sentence of § 7(c) prohibiting flying international flags equal in height to the flag of the United States was not in the original Flag Code. This provision was added in 1953.44 The legislative history of this amendment clearly states that is purpose was to "make it an offense against the United States to display the flag of the United Nations or any other national or international flag equal to, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any possession or territory thereof."45 The only exception recognized is at the headquarters of the United Nations. When a statute contains apparently contradictory provisions, the rules of statutory construction first mandate an attempt to interpret the provisions so both can be given effect. If this proves futile, the usual rule is to give effect to the latest in time. The reasoning is that this represents the most recent statement of the will of the legislature. Following this second rule of construction 414 U.S.C. § 7(c). 42 4 U.S.C. § 7(g). 43 P.L. 623, § 3(g), 77th Cong., 56 Stat. 377, 378. 44 P.L. 107, 83rd Cong., 67 Stat. 142. 45 S. Rept No. 258, 83rd Cong., lst Sess. (1953). Congressional Research Service 11 The United States Flag: Federal Law Relating to Display and Associated Questions would lead to the conclusion that flying a flag of another nation at the same height as the flag of the United States may not be proper etiquette under the Federal Flag Code, but this creates no right of action in private individuals.46 When the United States flag is displayed with the flags of states of the union or municipalities and not with the flags of other nations, the federal flag, which represents all states, should be flown above and at the center of the other flags.47 Where there is only one flag pole, the federal flag should be displayed above state or municipal flags.48 Use of the Flag in Jewelry, Commercial Products, Wearing Apparel, and Advertising The Flag Code addresses the impropriety of using the flag as an article of personal adornment, a design on items of temporary use, and item of clothing.49 The evident purpose of these suggested restraints is to limit the commercial or common usage of the flag and, thus, maintain its dignity. The 1976 amendments to the Code recognized the wearing of a flag patch or pin on the left side (near the heart) of uniforms of military personnel, firemen, policemen, and members of patriotic organizations.50 The Code also states that the flag should never be used for advertising purposes in any manner whatsoever.51 While wearing the colors may be in poor taste and offensive to many, it is important to remember that the Flag Code is intended as a guide to be followed on a purely voluntary basis to insure proper respect for the flag. It is, at least, questionable whether statutes placing civil or criminal penalties on the wearing of clothing bearing or resembling a flag could be constitutionally enforced in light of Supreme Court decisions in the area of flag desecration.52 In the past, the Supreme Court has held that states may restrict use of pictures of the flag on commercial products.53 There is a federal criminal prohibition on the use of the flag for advertising purposes in the District of Columbia.54 While commercial speech does not receive the full protection of the First Amendment,55 the status of these statutes and cases can not be taken for granted in light of Eichman and Johnson. 46 See, for example, Holmes v. Wallace, 407 F. Supp.493 (M.D. Ala.1976), aff'd without op., 540 F.2d 1083 (5`h Cir. 1976). 47 4 U.S.C. § 7(e). 48 4 U.S.C. § 7(0. 49 4 U.S.C. § 8(i) & (j). 513 P.L. 94-344, § 1(16). 51 4 U.S.C. § 8(i). 52 See, United States v. Eichman, 496 U.S. 310 (1990) and Texas v. Johnson, 491 U.S. 397 (1989). 53 See, e.g., Halter v. Nebraska, 205 U.S. 34 (1907). 54 4 U.S.C. § 3. 55 See, e.g., Central Hudson Gas and Electric Co. V. PSC, 447 U.S. 557 (1980). Congressional Research Service 12 The United States Flag: Federal Law Relating to Display and Associated Questions Restrictions on Size and Proportions of the Flag Questions on size and dimensions usually arise in the context of the display of huge flags. The Flag Code is silent on recommendations for proper flag size and dimensions. Regulations governing size and dimensions and other requirements for flags authorized for federal executive agencies can be found in Executive Order No. 10834.56 These regulations provide that the length of the flag should be 1.9 times the width. Restrictions on Display of the Flag by Real Estate Associations The Freedom to Display the American Flag Act of 200557 prohibits a condominium, cooperative, or real estate management association from adopting or enforcing any policy or agreement that would restrict or prevent a member of the association from displaying the flag in accordance with the Federal Flag Code on residential property to which the member has a separate ownership interest. Flags Supplied for Veterans' Caskets The Secretary of the Department of Veterans' Affairs is required to supply a United States flag to drape the casket of each deceased veteran.58 The Secretary may not procure any flag for this purpose that is not wholly produced in the United States.59 The Secretary may only waive this requirement if he determines that the requirement cannot be reasonably met or that compliance with the requirement would not be in the national interest of the United States. In the case of such determination, the Secretary is required to submit to Congress written notice not later than 30 days after the date on which such determination is made.66 A flag shall be considered to be wholly produced in the United States only if the materials and components of the flag are entirely grown, manufactured, or created in the United States; the processing (including spinning, weaving, dyeing, and finishing) of such materials and components is entirely performed in the United States; and the manufacture and assembling of such materials and components into the flag is entirely performed in the United States.61 56 Aug. 21, 1959, 29 F.R. 6865; see 4 U.S.C. §§ 1-2. 57 P.L. 109-243. 58 38 U.S.C. § 2301. 59 Id. at (h)(1). 60 Id. at (h)(2). 61 Id. at (h)(3). Congressional Research Service 13 The United States Flag: Federal Law Relating to Display and Associated Questions Author Contact Information John R. Luckey Legislative Attorney jluckey@crs.loc.gov, 7-7897 Congressional Research Service 14 Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: August 12, 2014 SUBJECT: Agreement with HDL Coren & Cone, Inc. for Property Tax Consulting Services PREPARED BY: Mary Vollmuth, Purchasing Coordinator 11 RECOMMENDATION: That the City Council approve a three-year Agreement with HDL Coren & Cone, Inc. for property tax consulting services in the amount of $21,000 annually, for a total three-year contract amount of $63,000. BACKGROUND: HDL Coren & Cone, Inc. has provided property tax consulting services to the City for several years and they work exclusively with the government sector to assess parcel data to ensure property tax revenue is distributed correctly to taxing entities which includes cities, counties, schools and special districts. Through their expertise, database, and proprietary software, HDL performs audits and analysis of Temecula -specific parcel data using information obtained from the County property tax rolls. Their services include, but are not limited to: property valuations and receipt calculations, parcel occupancy and ownership data, property sales reports, revenue audits, identifying and correcting misallocations with the County Assessor, and budget projection assumptions for property tax revenue forecasting. Property tax analysis is very complicated due to there being two broad categories of property (real and personal); three tax rolls (secured, unsecured, and state assessed), and numerous peculiarities such as possessory interests. With over thirty years of experience and expertise in providing property tax consulting services, HDL understands the complexity of the California property tax system and provides the insight and capability necessary to ensure the appropriate audits are conducted and Temecula property tax revenue is correctly allocated. Staff recommends the City enter into a three-year agreement with HDL Coren & Cone, Inc. for property tax consulting starting in Fiscal Year 2014-15 at $21,000 annually for a total contract amount of $63,000. FISCAL IMPACT: Adequate funds are included within the Fiscal Year 2014-15 Finance Department Operating Budget. For the remaining two years, funds will be adequately appropriated within the Finance Department Budget. ATTACHMENT: Agreement for Consultant Services for Property Tax FIN 15-03 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HDL COREN & CONE, INC. PROPERTY TAX CONSULTING THIS AGREEMENT is made and effective as of August 12, 2014, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and HDL Coren & Cone, Inc. 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 August 12, 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2019. If Agreement is extended beyond June 30, 2017, the Agreement price shall be adjusted by the California Consumer Price Index (CCPI) for all Urban Consumers in the Los Angeles - Anaheim -Riverside Area as determined by the California Department of Industrial Relations as measured February of the first year to February of the third year of this Agreement. The revised Base Fixed Services Fee including the CCPI shall apply to the 4th and 5th years of the 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 the Base Fee Schedule of Twenty -One Thousand Dollars and No Cents ($21,000.00) annually for the first three years of this Agreement unless additional payment is approved as provided in this Agreement. If the Agreement is extended beyond the three year term the Agreement Base 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 Fee Schedule shall be adjusted by the California Consumer Price Index (CCPI) for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area as determined by the California Department of Industrial Relations as measured February of the first year to February of the third year of this Agreement. The revised Based Fixed Services Fee including the CCPI adjustment shall apply to the 4th and 5th years of the Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall 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 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 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: 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 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. 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 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 5 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 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 HDL Coren & Cone, Inc. Attn: Paula J. Cone, President 1340 Valley Vista Drive #200 Diamond Bar, CA 91765 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 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 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 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. 8 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HDL COREN & CONE, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Paul J. Cone, President ATTEST: By: By: Randi Johl-Olson, JD, MMC, Nichole Cone, Secretary City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT HDL Coren & Cone, Inc. Attn: Paula J. Cone, President 1340 Valley Vista Drive #200 Diamond Bar, CA 91765 Phone: 909-861-4335 Fax: 909-861-7726 pcone hdlccpropertytax.com PM Initials: ak j Date: I 9 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement.Property Tax Consulting.FIN15-03.07.23.14 EXHIBIT A Tasks to be Performed The Consultant shall provide the services as indicated in the Schedule of Performance and Services outline provided by the Consultant and agreed to be unchanged per Consultant E -Mail dated 6-9-14 attached hereto and incorporated herein as though set forth in full. 10 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 SCHEDULE OF PERFORMANCE TIMELINE FOR DELIVERABLES July/August September 30 September -October October -February December -June March March/April April/May June Ongoing 01089/0001/61I75.03 Data available for purchase from counties Dataset and software available for installation on city computers Unsecured audits performed and forwarded to county assessor Delivery of preliminary property tax reports Monthly data updates — Database/software Appeals quarterly updates emailed in counties where the data is available Appeals quarterly updates emailed in counties where the data is available General Fund Budget Projections Final Books — Addendums emailed to clients Appeals quarterly updates emailed in counties where the data is available Secured Audits — City Revenue audits of City, and District receipts for correctness Property sales reports City and Successor Agency mid -year budget reviews and budget projections Analytical work at the request of clients 11 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Caren & Cone/Agreement. Property Tax Consulti ng. FI N 15-03.07.23.14 County: "County" shall mean the County in which the CITY is located. Database: "Database" shall mean a computerized listing of property tax parcels and information compiled for CITY from information provided by the County. Days: "Days" shall mean calendar days. Project Area: "Project Area(s)" shall mean the project areas of former redevelopment agency Property Tax Roll: "Property Tax Roll" shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County. Proprietary Information: "Proprietary Information" shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONTRACTOR and used in the performance of the services hereunder. Successor Agency: "Successor Agency" means the City's administration pursuant to Section 34176 of the Health and Safety Code of the former community redevelopment agency of CITY). Recovered/Reallocated Revenue: "Recovered or Reallocated Revenue" shall mean additional revenue received as a result of an audit or review of properties submitted for correction or for corrections due erroneous calculations or incorrect methods of distributing revenue discovered by the CONTRACTOR and then made by county agencies which result in a return of additional revenue to the city/agency. Reviews of city administered pass throughs are performed to ensure the correctness of distributions being made to participating agencies. Scope of Services: "Scope of Services" shall mean all of the Base Services specified in Section 2.0, the Optional Services in Section 3.0, the Additional Services in Section 4.0, or any other services rendered hereunder. TRA: "Tax Rate Area" shall mean the area subject to the tax rate. 2.0 BASE SERVICES The CONTRACTOR shall perform all of the following duties as part of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer: 2.1 Analysis And Identification Of Misallocation Errors (Contingent Fee (a) In the first year of this Agreement, and as necessary thereafter but not less than once every five (5) years, CONTRACTOR shall conduct an analysis to identify and verify in the CITY parcels on the secured Property Tax Roll which are not properly attributed to a CITY, and will provide the correct TRA designation to the proper County agency. 2 01089/0001/61175.03 12 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Goren & Cone/Agreement.Property Tax Consu lting. F I N 15-03.07.23.14 Typical errors include parcels assigned to incorrect TRAs within the CITY or an adjacent city, and TRAs allocated to wrong taxing agencies. (b) CONTRACTOR shall annually reconcile the annual auditor - controller assessed valuations report to the assessor's lien date rolls and identify discrepancies. (c) CONTRACTOR shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available). (d) CONTRACTOR may audit general fund or tax increment property tax revenue or other revenues attributable to the SUCCESSOR AGENCY and CITY, districts, (including but not limited base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation and payments reviews). 2.2 Annual Services (Fixed Fee) Annually, after the Property Tax Roll is available: (a) CONTRACTOR shall establish a Database for CITY for available through CONTRACTOR's online property tax application. (b) Utilizing the Database, CONTRACTOR will provide: (1) A listing of the major property owners in the CITY, including the assessed value of their property. (2) A listing of the major property tax payers, including an estimate of the property taxes. (3) prior lien date. A listing of property tax transfers which occurred since the (4) A comparison of property within the CITY by county -use code designation. (5) A listing by parcel of new construction activity between tax years to provide reports for use in the CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit calculations. (6) Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY. (7) Development of forecast of estimated general fund property tax revenue for future fiscal years. 3 01089/0001/61175.09 13 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Goren & Cone/Agreement.Property Tax Consu lting. F I N 15-03.07.23.14 (8) Development of historical trending reports involving taxable assessed values for the CITY, median and average sales prices, foreclosure activity and related economics trends. (9) Upon written request, analyses based on geographic areas designated by the CITY to include assessed valuations and square footage computations for use in community development planning. 2.3 Successor Agency Services Successor Agency Services including but not limited to: (a) (b) (c) (d) (e) (f) (g) (h) (i) G) Tax increment projections Cash flows for the Successor Agency by Project Area Assistance with Redevelopment Obligation Payment Schedules Assistance in providing property tax information for the taxing agencies receiving property tax revenues from former Project Areas Estimates of property tax revenues to be received by the taxing entities from former Project Areas Provide property tax information to the Oversight Board at the direction of the Successor Agency Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency Monitor the County distribution of tax -sharing revenues to the taxing entities of the former redevelopment agency Coordinate with the Auditor -Controller the relationship between the tax -sharing, debt service and other obligations of former redevelopment agency Prepare as needed an assessment resources available to the Successor Agency to meet the long term obligations of the former redevelopment agency 2.4 Ouarterly Services/Monthly Services (Fixed Fee) The CONTRACTOR shall perform the following services quarterly: (a) A listing of property tax appeals filed on properties in the CITY (b) A listing of property transfers that have occurred since the last /Wart. (c) Monthly update of CONTRACTOR'S web -based software program to include parcel transfer data and, in select counties, appeal updates. (selected counties). 4 01089/0001/61175.03 14 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Goren & Cone/Agreement.Property Tax Consu lting. F I N 15-03.07.23.14 25 On -Going Consultation (Fixed Fee) During the term of this Agreement, CONTRACTOR will serve as the CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On-going consultation would include, but not be limited to, inquiries resolved through use of the CITY's database. 3.0 OPTIONAL SERVICES The following services are available on a time and materials basis: 3.1 Specified Data Generation of specialized data -based reports or the development of special geo-based designations from CITY maps or geographic areas which would require additional programming, the purchase of additional data, costs for county staff research, additional historical parcel tracking by CONTRACTOR or similar matters not necessary to carry out services outlined in Section 2.0. 3.2 County Research Any research with County agencies for which CONTRACTOR does not have a current database. 3.3 Specialized Services Other services for which the CONTRACTOR has expertise as requested by the CITY. 3.3 Additional Meetings Requested Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings with CITY shall be considered an Optional Service. 4.0 ADDITIONAL SERVICES CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any material adjustment in the contract and/or the time to perforin this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase -in compensation of up to $30,000 or in the -time to perforin of up to -one hundredeighty -- — (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 5 01089/0001/61175.03 15 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Goren & Cone/Agreement.Property Tax Consu lting. F I N 15-03.07.23.14 EXHIBIT B Payment Rates and Schedule The Base Fixed Fee Schedule and Payment shall not exceed $21,000 annually for the first three (3) years of the Agreement. If the Agreement is extended beyond the three year term the Agreement Base Fee Schedule shall be adjusted by the California Consumer Price Index (CCPI) for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area as determined by the California Department of Industrial Relations as measured February of the first year to February of the third year of this Agreement. The revised Based Fixed Services Fee including the CCPI adjustment shall apply to the 4th and 5th years of the Agreement as agreed upon and confirmed by the Consultant via E -Mail attached hereto and incorporated herein as though set forth in full. 16 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Cons u lti n g. F I N 15-03.07.23.14 Mary Vollmuth From: Nichole Cone <ncone@hdlccpropertytax.com> Sent: Monday, June 09, 2014 10:13 AM To: Mary Vollmuth Cc: Paula Cone Subject: FW: City of Temecula: Proposal Request FY 2014/15 Attachments: 0895 001.pdf: ATT00001.htm Hi Mary, Paula asked me to respond to your request. The fee will remain at $21,000. Exhibits A & B remain unchanged. The corporate signers are Paula Cone — President and Nichole Cone —Secretary. Please let me know if you have any additional questions. Thanks, Nichole Cone From: Paula Cone Sent: Friday, June 06, 2014 3:04 PM To: Nichole Cone Subject: Fwd: City of Temecula: Proposal Request FY 2014/15 Paula Cone HdL Coren & Cone Phone: 909.861.4335 Mobile: 310.408.0757 Begin forwarded message; From: Mary Vollmuth <Mary.Vollmuth@citvoftemecula.org> Date: June 6, 2014 at 5:48:04 PM EDT To: "'pcone@hdlccpropertvtax.com'' <pconePhdlccpropertvtax.com> Subject: City of Temecula: Proposal Request FY 2014/15 Hello Paula, the City of Temecula is in the process of drafting agreements for fiscal year 2014- 15 services. The base fee last year was $21,000 and I was wondering if we can count on it being the same for next fiscal year? I have attached Exhibit A & B from last year's agreement. Please let me know if there are any changes. If so, please E -Mail a revised Schedule of Performance and fee proposal. Also, could you confirm for me that the corporate signers for HDL Coren & Cone, continue to be yourself as President and Marty Coren as Secretary? Thank you very much and have a great day! Mary Vollmuth Purchasing Coordinator 11 City of Temecula Phone: (951) 240-4289 Fax: (951) 694-6479 purchasing ai7citvoftemecula.orq 17 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Consulting . FI N 15-03.07.23.14 Mary Vollmuth From: Nichole Cone <ncone@hdlccpropertytax.com> Sent: Wednesday, June 11, 2014 7:32 AM To: Mary Vollmuth Cc: Paula Cone; David Bilby Subject: RE: City of Temecula: Proposal Request FY 2014/15 Hi Mary, I am available all day today until 4pm. Our standard 5 year contract keeps the price constant for 3 years and then increases it by the CPI in years 4 and 5. I've included the language below. We would be open to that for 5 years or fixed for 3. Please let me know if you want to discuss today or if you would like me to send a copy of our standard contract. The fee for the first 3 years of this Contract shall be the annual fixed fee as noted. In the fourth (46) year of the contract the Base Fixed Services Fee shall be adjusted by the California Consumer Price Index (CCPI) for all urban consumers as determined by the California Department of Industrial Relations as measured February of the first year to February of third year of this Contract. The revised Base Fixed Services Fee including the CCPI adjustment shall apply to the 4`h and 5th years of the Contract. If this Contract is extended month to month as provided for in Section 7.4, the Basc Fixed Fce shall be adjusted annually by the California Consumer Price Index (CCPI) for all items as determined by the California Department of Industrial Relations as measured February to February by the California All Urban Consumers index. Nichole Cone From: Mary Vollmuth[mailto:Mary.Vollmuth@cityoftemecula.org) Sent: Tuesday, June 10, 2014 3:16 PM To: Nichole Cone Cc: Paula Cone; David Bilby Subject: RE: City of Temecula: Proposal Request FY 2014/15 Hi Nichole, the City would like to enter into a multi-year agreement with HDL. Are you available to discuss or can you guarantee the annual rate as indicated below for 3-5 years? If you would like to discuss please let me know your availability so I can set-up a conference call between HDL, myself, and the Purchasing Manager. Thank you so much for your consideration and have a great day! Mary Vollmuth Purchasing Coordinator 11 City of Temecula Phone: (951) 240-4289 Fax: (951) 694-6479 purchasingecityoftemecula,orq marv.vollmu thecitvoftemecula. orq 41000 Main St, Temecula, CA 92590 18 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Caren & Cone/Agreement. Property Tax Consulti ng. FI N 15-03.07.23.14 AC ORO' CERTIFICATE OF LIABILITY INSURANCE HDLCO-1 OP ID: DMZ DATE (MAMMY TY) 11/21/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certlflcate holder In Ileu of such endorsement(s). PRODUCERCONTACT Partee Insurance Assoc.,Inc. 628-966-1791 License 1/0788033 626-331-8132 584 S. Grand Avenue � pq c� Covina, CA 91724.3409 E C Is 1 V Wayne M. Pa rtes CIC, CWCA D / • NAME: en -°NP Frn 1 FAX Nor AIL INSURER(S) AFFORDING COVERAGE NAIL e RER A :Sentinel Insurance Company mesa / . INSURED HOL Coren 8. Cone ✓ ' ' • 1340 Valley Vista Dr # 200 Diamond Bar, CA 91765 PURCHASING iNsuIRERa:Hartford Underwriters off) //K 045VRFR ,:Technology Insurance Company ry1� ROARER D: 11/15/14 / ROURER E' s 2,000,000 'P.ER F • s 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSS LTB TYPE OFINSURANCE ADV. 94..TaJ^ sUa1r FOLICYNUMIE1 -POLICY EFF :NY'DLYY.... POUCY EXP :M..JDDC`TY," LIMITS A GENERAL X LIABR.ITYEACH COMMERCIAL GENERAL LABILITY X 72SBAZB3291 11/15/13 11/15/14 / OCCURRENCE s 2,000,000 "AGEroRaaTw PR9AL9E5 fEa oauoanncN s 1,000,000 ICLAMS -MADE © OCCUR MED EXP Any one person) $ 10,000 PERSONAL a ADV INJURY $ 2,000,000 GENERAL AGGREGATE s 4,000,000 GEWL AGGREGATE LIMIT APPLIESI�IPER 7 POLICY IT R I LOC PRODUCTS • COMPIOP AGG s 4,000,000 s A AUTOMOBILE _ — _ X LIABI JTY ANY AUTO AU. OWNED AUTOS HIRED AUTOS — X SCHEDULED ill/ AUTOS 1 NON -OWNED AUTOS X '4,•••Y Le 72SBAZB3291 11/15/13 11/15/14 COMBINED SINGLE LIMIT IES aa, d.Nl 2,000,000 BODILY INJURY (Pe(perm) $ BOOILN INJURY (Pe- sexism$ PROPERTY DAMAGE (Pur ancient) s $ A X UMBRELLA UAB EXCESSLIAB — OCCUR CLAWSM4 'T 72SBAZB3291 11/15/13 11/15/14 / EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED 1 X 19E !1/T'Otd 9 %W.: ' ' 3 B WORKERS COMPENSATION AND EMPLOYERS' UABILRY ANY PROPRIETORIPARTNERIExECUNVE Ya OFFICERIMM EUBER EXCLUDE (Mandatory In Ni) If yes. describe undo DE5CR PTION OF OPERATONS belsw NIA TWC3394571 11/15/13 11/15/14 l jt E L. EACH ACCIDENT s 1,000,000 EL. DISEASE • EA EMPLOYE; f 1,000,000 E L 05EASE • POLICY LIMA ; 1(000,000 C Professional Liab Claims Made PG0260349 RETRO 2(15/2003 11/15113 11/15/14 V / Limit 1,0 00 Ded 25,001 OESCR IPTION OF OPERATIO3JLOCATIONS I VEHICLES ['sash ACORD101 . AddrLonal Rom arks SO/TONT , if nor* spaco is roRu ) The City of Temecula, the Temecula Community Services District, Suc esor Agenty to the Temecula Redevelopment Agency, their officers,_mfficials, .employees and volunteers are to be covered as adds -pre -mai in reds *30 day notice of cancellation applies except *10 days for non payment TIF Cit of Temecula Fiscal Services Manager„." 41000 Main Street Temecula, CA 92590 1 C.,41 od O )��i�/� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 19 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement. Property Tax Consulti ng. FI N 15-03.07.23.14 POLICY NUMBER: 72 SBA ZB3291 Or THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON/ORGANIZATION CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN CA 92780 CITY OF TEMPLE CITY 9701 LAS TUNAS DRIVE TEMPLE CITY, CA 91780 CITY OF TEHACHAPI 115 SOUTH ROBINSON STREET TEHACHAPI CA 93561 CITY OF TEMECULA FISCAL SERVICES MANAGER 41000 MAIN STREET TEMECULA CA 92590 CITY OF SOUTH PASADENA 1414 MISSION STREET SOUTH PASADENA CA 91030 CITY OF SIMI VALLEY 2929 TAPO CANYON ROAD SIMI VALLEY CA 93063 CITY OF SIGNAL HILL 2175 CHERRY AVENUE SIGNAL HILL CA 90806 CITY OF SANTEE 10601 MAGNOLIA AVENUE SANTEE CA 92071 Form IN 12 00 11 85 T SEQ. NO. C06 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: = Expiration Date: 11/15/14 20 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Caren & Cone/Agreement. Property Tax Consulti ng. FI N 15-03.07.23.14 21 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/HDL Coren & Cone/Agreement.Property Tax Consulting.FI N 15-03.07.23.14 Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: August 12, 2014 SUBJECT: Agreement with Chad Wohlford dba Wohlford Consulting for Cost Allocation Plan and User Fee Study PREPARED BY: Mary Vollmuth, Purchasing Coordinator 11 RECOMMENDATION: That the City Council: 1. Approve an Agreement with Chad Wohlford dba Wohlford Consulting to conduct a Full Cost of Service Study, including a Cost Allocation Plan and a User Fee Study in the amount of $41,750; 2. Authorize the City Manager to approve contingency in the amount of $4,175 which is equal to 10% of the agreement amount; 3. Authorize the appropriation of $45,925 from undesignated general fund reserves to the Finance Department Operating Budget. BACKGROUND: A Cost Allocation Plan is a comprehensive study to determine the fair and equitable allocation of the cost of City's central administrative functions; City Administration, Finance, Human Resources, City Clerk and City Attorney. The study will analyze each individual function, determine its cost and develop the appropriate allocation bases necessary to distribute costs to the receiving operating departments within the City. The City currently does not employ a Cost Allocation Plan to spread administrative costs. A User Fee Study is conducted to accurately, fairly and reasonably determine the full cost for City departments to provide services to the individuals and businesses within the community, such as plan check, inspection, permitting and other development -related services. The City's current fees are based on the User Fee Study conducted in 2004, adjusted annually for inflation. It is recommended that every three to five years a comprehensive review of the models utilized to develop the Cost Allocation Plan and User Fee Study be reviewed, modified and updated as appropriate. These comprehensive studies should be conducted to identify direct and indirect costs to ensure the City is not overcharging for services in compliance with Proposition 218, as well as Government Code 66016; or undercharging for services rendered. Additionally, an approved Cost Allocation Plan is required in order to allocate overhead costs to projects/programs which are Federal and/or State funded. These professional services require comprehensive studies, detailed analysis and fact finding with broad experience in recommending a model and establishing a relevant fee structure within the City's time constraints. Chad Wohlford, MPPA, has evaluated government costs and operations for over 27 years. Mr. Wohlford specializes in cost analysis and has personally conducted over 100 studies and evaluated at a minimum 30 functional areas for over 70 cities, districts, and states. He was also the primary analyst assigned to the City of Temecula's 2004 User Fee Study conducted by Maximus, Inc. The proprietary analytical models utilized will identify the fair allocation of City costs to produce a Full Cost Plan, Federal Cost Plan, and a User Fee Study. It is anticipated the results of these studies will accurately identify the cost of City services and assist in the determination of cost recovery levels and fiscal analysis. As discussed during the City Council Budget Workshop, it was anticipated that these studies could be completed using savings from the Finance and other operational department savings. The development of the scope of work and contract negotiations took longer than planned; thus could not be awarded in Fiscal Year 2013-2014. Although the anticipated savings was realized, the commencement of the new fiscal year precluded the award of the contract using Fiscal Year 2013-2014 savings. The requested appropriation will in essence utilize that same savings as those funds remaining from Fiscal Year 2013-2014 and will be reverted back into fund balance as the year-end financial statements are processed. FISCAL IMPACT: A supplemental appropriation of $45,925 is requested for Fiscal Year 2014-15 Finance Department Operating Budget. ATTACHMENT: Agreement for Consultant Services for Cost Allocation Plan & User Fee Study. FIN 15-04 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CHAD WOHLFORD DBA: WOHLFORD CONSULTING COST ALLOCATION PLAN & USER FEE STUDY THIS AGREEMENT is made and effective as of August 12, 2014, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Chad Wohlford DBA: Wohlford Consulting, (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 August 12, 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 Forty -One Thousand Seven Hundred Fifty Dollars and No Cents ($41,750.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 c. Consultant will submit invoices for actual services performed as based upon the "billing milestones" outlined in Exhibit B when Consultant completes the stated project deliverables. 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 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 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. The City's ownership and use rights are limited to the completed documents and files specified as deliverable under this Agreement. Consultant shall retain exclusive title to and ownership of Consultant's proprietary or commonly used work tools, common text (e.g., boilerplate language) formats, designs, and other methods and materials used during the course of this project. 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 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 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/Errors & Omission 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: Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability/Errors & Omission 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 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 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 5 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 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 Chad Wohlford dba: Wohlford Consulting 372 Florin Road #293 Sacramento, CA 95831 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 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 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. 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CHAD WOHLFORD DBA: WOHLFORD CONSULTING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Chad Wohlford, Owner ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chad Wohlford DBA: Wohlford Consulting 372 Florin Road, #293 Sacramento, CA 95831 Phone: 916-205-7050 Fax: 916-393-6801 E -Mail: chadwohlfordconsultina.com PM Initials: Date: 8 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study. FIN15-04.07.22.14 EXHIBIT A Tasks to be Performed Consultant shall provide the general scope of the cost allocation plan and user fee study along with the additional service of a fee comparison survey as outlined in the Consultants proposal attached hereto and incorporated herein as though set forth in full. The City has not chosen to include any of the other additional services at this time. 9 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 WOHLFORD CONSULTING June 24. 2014 Jennifer Hennessy Finance Director/Treasurer City of Temecula 41000 Main Street Temecula. CA 92590 Re: Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Dear Ms. Hennessy: I am very pleased to provide you with this proposal to partner with the City of Temecula to perform a new Cost Allocation Study. My business is dedicated to helping local governments improve their understanding and recovery of costs. and I sincerely believe that my superior study approach and consultant experience will best help you achieve your goals. I have enjoyed providing successful cost analysis services to many cities and counties in California in the past. including the City of Temecula. and I truly look forward to continuing this trend again with you. The fact that you requested a proposal from me is a clear indication that you already appreciate the benefits of these studies. as well as my professional reputation for quality and success on behalf of my clients. Consequently. I wrote this proposal with a focus on the scope of services. deliverables, work tasks. and cost—rather than the advantages of having your study done by Wohlford Consulting. If you need further information about my qualifications and experience. I would be pleased to provide a supplement containing this information. Thank Von Thank you for the opportunity to propose my services to you. Please feel free to contact me at any time if you have questions or need clarification of the proposal. Sincerely, Chad Wohlford Principal Consultant chadgwohlfordconsulting.com 372 Florin Road, #293 (916) 205-7050 Sacramento, CA 95831 Fax: (916) 393-6801 10 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study 1 (Cost Allocation and L -ser Fees) for the City of TEMECULA June 24, 2014 WOHLFORD CONSULTING 372 Florin Road, #293 Sacramento. CA 95831 (916) 205-7050 chad@wohlfordconsulting.com 11 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Table of Contents' STUDY BACKGROUND 1 Cost Allocation Project Approach 1 User Fee Project Approach 1 SCOPE OF SERVICES 2 Departments and Functions Included in the Cost Allocation Plan 2 Departments and Service Areas Included in the Cost of Service Study 2 Specific Project Deliverables 4 Other Scope Considerations 8 Support Requested from the City 10 QUALIFICATIONS AND EXPERIENCE 10 COST PROPOSAL Summar- 11 Project Budget and Cost Detail 11 Cost Flexibility and Control 13 CONCLUSION 11 15 WOHLFORD CONSULTING i June 24, 2014 12 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) STUDY BACKGROUND The City of Temecula is seeking the completion of a Full Cost of Service Study. including Cost Allocation Plans (CAP) and a User Fee Study. in order to assist with cost recovery and fiscal analysis. Wohlford Consulting is pleased to submit this proposal to meet the City's objective. Cost Allocation Project Approach The simple purpose of a Cost Allocation Plan is to accurately. fairly. and reasonably distribute the City's central administrative costs to the operating departments in the City. At the start of the project. I will work with key representatives from each contributing department to determine the best structure. approach. and relevant details used for the study. The complexity of the study will be determined by the needs and structure of the City. The general method for allocating costs from each administrative department to the other departments is to identify an "allocation basis" and distribute the costs proportionately. The best way to ensure accuracy and fairness is to go beyond the general method and separate the distinct -functions" of each central service department and allocate them individually. The potential allocation bases consist of various available data/statistics that best reflect the workload related to the recipient of the service. For example. the allocation basis for Finance/Payroll may be the number of employees per department. Dozens of allocation bases are potentially available. and the selection of the most appropriate measure will follow a discussion with key department staff. User Fee Project Approach The simple purpose of a Cost of Service (User Fee) Study is to accurately, fairly. and reasonably determine the full cost for City departments to provide services to the individuals and businesses in the community, such as plan check, inspection. permitting. and other development -related services. The methodology to evaluate full cost user fees is deceptively simple in concept. We will utilize a "unit cost build-up" approach that seeks to identify the "fully loaded" cost for each unit of service (fee activity). based upon the time to complete each service and the full cost of department staff (i.e., loaded rates). At the start of the project. I will work with key representatives from each contributing department to determine the best structure. approach. and relevant details used for the study. WOHLFORD CONSULTING Page 1 of 15 June 24, 2014 13 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) SCOPE OF SERVICES The propose scope of services reflects my current understanding of the needs of the City and the availability of necessary data. At the beginning of the project. I will work with the City to refine this scope of services to best meet your objectives. The general scope of services for this project includes: • Full Cost and a Federal (A-87) Cost Allocation Plans. which involve the determination and distribution of the citywide indirect costs for Temecula. and • A Cost of Service (User Fee) Study to determine the full unit costs of fee - related activities in the specified departments. Departments and Functions Included in the Cost Allocation Plan The Cost Allocation Plan will include all of the relevant Temecula general fund departments that serve a central service function. such as Finance and Human Resources. If the City has an existing Cost Allocation Plan. that CAP will form the starting point for the design of the analysis. At the beginning of the study. we may also identify other departments or functions to allocate to best serve the City. Departments and Service Areas Included in the Cost of Service Study The departments with the most cost-effective opportunities for cost -recovery or revenue enhancement in the City of Temecula include Community Development and Public Works. Wohlford Consulting proposes to focus this study on the key user fee areas within these departments. Although they may be organized or titled slightly differently than shown in the current organizational structure and fee schedule shown on the City's website. we have identified the following fee areas as candidates for a meaningful analysis: • Community Development o Building & Safety o Fire Prevention o Planning o Code Enforcement • Public Works o Plan Check o Inspection o Encroachment o Land Development The remainder of this section describes the scope of services and approach for each of these service areas. WOHLFORD CONSLZTING Page 2 of 15 June 24, 2014 14 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Community Development — Building & Safety The City of Temecula currently employs a cost -based (nexus) approach for Building fees. (Note: The proposed consultant, Chad Wohlford, developed this approach for the City during a previous study for a different consulting firm.) Wohlford Consulting will conduct a similar unit -cost -based analysis of Building fees (which is a particular expertise of my practice) in order to maintain this basic fee structure and approach for the City. This approach identifies the full cost (plan check and inspection) for various occupancies (at various sizes and construction types). miscellaneous items. and MPE's. We will also calculate the cost of most non -fee services, in order to distribute those costs as necessary to help other services and functions better understand their overall costs. Community Development — Fire Prevention The analysis of Fire Prevention fees will follow the same approach as the Building fees. whereby we maintain the cost -based / nexus structure. The study is intended to evaluate the services provided by City staff, so fees set by the City's external/contracted fire agency are excluded. Conummity Development — Planning The analysis of Planning fees will follow the standard approach. which is to calculate the unit cost of each fee service. For deposit -based fees (i.e.. direct time charges). we will establish productive hourly rates and potential changes to deposit levels. We will also calculate the cost of most non -fee services, in order to distribute those costs as necessary to help other services and functions better understand their overall costs. Community Development - Code Enforcement Division While Code Enforcement may not include any individual fees or charges (other than fines). Wohlford Consulting believes it is an important area to evaluate also, since some of the cost for Code Enforcement can be allocated to Planning and Building Fees. thereby enhancing overall cost recovery for the City. Consequently. we included a basic allocation analysis of Code Enforcement into the proposed study. Public Works — Plan Check. Inspection. & Encroachment The Public Works user fees typically include review of private development and improvements. encroachment permits. street use and closure permits. and miscellaneous items related to land development. WOHLFORD CONSULTING Page 3 of 15 June 24, 2014 15 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) The analysis of Public Works user fee services will follow the standard approach. which is to calculate the unit cost of each fee service. For deposit -based fees (i.e.. direct time charges). I will establish productive hourly rates and potential changes to deposit levels. For valuation -based fees. I will establish the cost recovery performance within the particular fee area and calculate potential charges to the percentages applied to calculate the fees. We will also calculate the cost of most non -fee services. in order to distribute those costs as necessary to help other services and functions better understand their overall costs. Specific Project Deliverables For this proposed study. Wohlford Consulting will complete and deliver the following items and information to the City: Summary List of Project Deliverables ✓ Full Cost Allocation Plan ✓ Federal Cost Allocation Plan ✓ Summary CAP Narratives ✓ Summary CAP Report ✓ Cost of Service (User Fee) Study ✓ Summary User Fee Report These deliverables are described below: Cost Allocation Plans ✓ On -Site Meetings ✓ Presentations ✓ Fee Survey / Comparison (optional) ✓ Other Presentations and Meetings (optional) Wohlford Consulting will gather relevant data and use proprietary analytical model(s) to identify the fair allocation of citywide central services costs to the operating departments. We will complete two Cost Allocation Plans: • Full Cost Plan: For cost of service analysis. charges to other funds. and other internal uses. • Federal Cost Plan: Complies with 2 CFR Part 225 (formerly OMB Circular A-87) for use in charging federal. state. county. and other extemal funding sources. The ultimate product of a Cost Allocation Plan is a summary worksheet that illustrates the final distribution of costs to each of the receiving departments. The specific deliverable products will include this summary worksheet for each plan. as well as the supporting printouts that detail all of the distributions and their bases and provide historical documentation of the allocation processes. WOHLFORD CONSULTING Page 4 of 15 June 24, 2014 16 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Wohlford Consulting will provide an electronic file of each entire CAP (pdf format). which the City can use to review and distribute the document as needed within the city and/or to produce paper copies at its discretion. (In an effort to reduce paper consumption. Wohlford Consulting will not provide a "hard copy" printed version of the CAP.) The deliverables will also include an Excel file of the summary worksheet to allow the City to conduct further evaluation and analysis at its discretion. Summary CAP Narratives Wohlford Consulting will produce summary narratives to describe and document the key elements of each Cost Allocation Plan. The City will have the opportunity to influence the content of these narratives. in order to ensure that they will meet your needs. The narratives are "imbedded" into the Cost Allocation Plans. Summary CAP Report Wohlford Consulting will produce a separate project summary / briefmg report to document the general approach used for one of the Cost Allocation Plans. I will provide an electronic copy (pdf format) of the document to allow the City to review and distribute it intemally as needed. Cost of Service (User Fee) Study Wohlford Consulting will work closely and collaboratively with department staff and management to set up the study and gather relevant budget, staffmg. and workload data. I will use my proprietary analytical model(s) to calculate the fiull unit cost of user fee services and activities that are potentially viable new fees. In addition to the individual cost of fee services. the Cost of Service Study will identify subsidy levels and potential fee adjustments. As part of the larger study in each department/division. the analysis will include a determination of the cost - recovery (fully -burdened) hourly rates for each staff member. If unit data is not available or feasible. we will determine the cost -recovery performance of program areas and identify potential fee changes accordingly. If activity volume data is available. we will also determine the potential revenue impacts of current and reconunended fee levels. If desired. I will work with the City to establish recommended fee levels. Wohlford Consulting will work directly with department management to reorganize and restructure the fees to best fit your current (or desired) operating practices, policy goals. customer service objectives. and administrative needs. A fee study is often the opportunity the departments WOHLFORD CONSULTING Page 5 of 15 June 24, 2014 17 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) have been "waiting for" in order to solve ongoing problems and make the fee schedule more appropriate for the department's business. I will deliver a package of detailed worksheets (pdf format) that demonstrate the cost components for each fee calculation. as well as summary documentation of the unit costs and overall results. These worksheets also contain subsidy analyses for unit costs and annual performance. percentage results. change calculations. revenue impacts. and other metrics. The City will receive printed and pdf copies of the fmal results worksheets. as well as electronic versions (e.g.. Excel worksheets) of the final fee results to facilitate future analysis and distribution. In addition. the City will receive a pdf version of the entire fmal model for each department studied. (Note: In an effort to reduce paper consumption. Wohlford Consulting will not provide "hard copy" printed versions of the worksheets or results.) Summary User Fee Report Wohlford Consulting will produce a report (draft and final versions) to describe and document my general approach. methodologies. related issues. and study results for the Cost of Service Study. I will deliver an electronic (pdf) version of the fmal report (including appendices) to the City. If requested by the City. I will also provide a reasonable number of bound paper copies of the report. On -Site Meetings Communication between City management/staff and the consultant is critical to success of the study. Consequently. Wohlford Consulting assumes that two to three multi -day site visits will be necessary for the Cost of Service Study. with multiple meetings during each visit. In order to minimize disruptions and the impact on staff workload. I will conduct the remainder of the work with the City through webmeetings. email. phone. fax. mail. and other media. During web -based. phone. or on-site meetings. Temecula representatives and the consultant will discuss expectations and City issues. assign data collection tasks. review work in progress. revise data and update the analytical models. examine results. plan strategy for analysis and implementation. and address other issues and tasks as necessary. I will work with the City to determine the desirability. objectives. and timing of the on-site meetings. WOHLFORD CONSULTING Page 6 of 1 June 24, 2014 18 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Stud (Cost Allocation and User Fees) Presentations Wohlford Consulting will develop and conduct up to three formal on-site presentations as part of this study. 1. The first presentation will be a -kick-off orientation" at the very beginning of the project for the study participants and others interested in the process we will follow. The purpose of this presentation is to establish a common understanding of' the goals. approach. methodologies. data collection processes. and mutual expectations associated with the project. Broad participation in this orientation meeting will improve communication among project participants and help subsequent meetings be more efficient and effective. The second presentation will occur at or near the end of the study to Department and/or City management to explain the study methodology and processes. review the results. introduce potential implementation approaches. and address other relevant issues affecting the study. The principal purpose of this presentation would be to help the managers understand how the numbers are derived, so they can accept the results themselves and explain the process to others. This dynamic will establish internal confidence in the study and enhance the related communication with colleagues and customers/fee payers. I will work with the City to determine the most appropriate timing. format. approach. and audience for this presentation. 3. The third presentation will serve to provide information in a public forum to the City Council or one of the subcommittees. A common purpose of this kind of meeting/presentation is to help the public. fee payers. councihnembers. or other interested parties understand how the numbers are derived and to build confidence and acceptance of the results. In addition. this presentation can be used to educate councilmembers and the public regarding user fee issues and methodologies. reveal the study results. solicit feedback from the Council regarding cost -recovery or implementation objectives. and/or facilitate other related goals of the City. I will work with the City to determine the most appropriate timing. format. approach. and audience for this presentation. Fee Survey / Comparison — Optional /Additional The City has the option to request an additional task for a comparison of Temecula's fees with other jurisdictions. First. I will spend the necessary time to discuss the conceptual and practical issues related to fee comparisons with the City. in order to ensure that the City has a complete understanding about the utility and validity of these types of comparisons. WOHLFORD CONSULTING Page 7 of 15 June 24, 2014 19 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Senice Study (Cost Allocation and User Fees) The meaningfulness of comparisons depends greatly on the ability of the City and the consultant to select the sample of appropriate target cities. as well as selecting the most important fees to compare. Wohlford Consulting will work closely with the City to select the 5-7 candidates for comparison. as well as the targeted fees. We will conduct our solicitation of fee data from other jurisdictions through website research. phone calls. email, and other approaches necessary to accomplish this task. Following the collection of the data. we will document the results. which normally consists of a matrix of fees with side-by-side comparisons. The City will have the opportunity to review the draft results and influence the fmal format of the documentation. including whether it is incorporated in to the final report or delivered separately. Other Presentations / Meetines — Optional /Additional As part of this study. Wohlford Consulting will conduct a series of on-site presentations and on-site working meetings. At the City's request, I would be pleased to discuss the addition of meetings and/or presentations that the City deems necessary. I can provide recommendations from my experience with other jurisdictions to help you determine the most effective approaches and understand the potential issues that may arise during these meetings. Other Scope Considerations Project Limitations To maintain the focus of the study. enhance the City's understanding. and provide a reasonable fixed fee proposal, it is obviously necessary for us to define the limits to the scope of the study. This proposal describes the deliverables and service areas I intend to cover. I am flexible in my approach and will modify the study as much as possible to meet the needs of the City. However. to avoid confusion and conflicting expectations. it is important to note the key exclusions of this study. which include: taxes. levies. fines. and punitive charges; utility rates and service charges; impact fees: public transit fares: parking rates; tolls: internal service rates. allocations. and charges; other allocations not described in this proposal: public records fees: fees set by external authorities (e.g.. state law/regulation. other agencies); ambulance/EMS rates (unless specified herein). fees set by contract: equipment. facility. and infrastructure use (rental) or impact rates: contract charges to other agencies; services without discernible time data or cost factors; WOHLFORD CONSULTING Page 8 of 15 June 24.2014 20 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) negotiations or significant discussions with cognizant agency(ies); audit and/or litigation support (beyond general questions); and/or on-site visits following the conclusion of the study. As a -full cost" analysis. Wohlford Consulting will attempt to incorporate all City costs into the study. including contributions of effort from other departments and divisions. In some cases. the City will need to provide this secondary cost information to us. since my cost analysis is limited to the City Departments described in this proposal. Excluded Fee Areas The fee -related service areas included in the study are described above. Nevertheless. additional clarification may also be helpful to manage expectations and avoid surprises. Certain categories of charges levied by cities are not truly user fees. since they are taxes. not cost -based. governed by market forces. restricted or charged by external agencies. or otherwise not based on any nexus between the fee and the cost of the service. These charges are excluded from the proposed analysis of cost in this study. Typical examples of these types of charges include the following: • Business License/Permit — These are business license taxes not subject to a cost -based analysis. "Processing" fees are not generally allowable in California. • Public Records Request and Copies — These fees are governed by the California Public Records Act and are not subject to a cost - based analysis. • Photography / Filming Permit Fees — These are market-based fees not subject to cost -based analysis. • Facility Use — These fees are not based upon staff time or operational costs and are normally set via community standards and comparative market rates. • Parking Permits. Fines/Bail. and Meters — These fees are not dictated by cost concerns. • In Lieu and Impact Fees — These fees are not user fees based upon staff and operational costs, but are associated with future infrastructure needs. For those items that are excluded from the cost analysis. the consultant will provide general advice and information regarding potential approaches and other related issues. WOHLFORD CONSULTING Page 9 of 15 June 24, 2014 21 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Support Requested from the Cite In order for the studies to be completed. the Consultant will call upon City staff and management to provide information and assistance at various stages of the analyses. The types of required data will include budget and staffing documentation. organizational structures. direct and indirect work hours. time estimates or data. activity statistics (annual fee volumes). current fee levels. and other necessary information and statistics. Staff and management will also need to provide critical reviews of various drafts and other documentation. This successful performance of this project also relies upon the following assumptions: • Tlie City will provide requested data in electronic and paper format whenever available. • The City will provide all necessary data in a timely fashion and in a format that is reasonably accessible and usable by the consultant. • The City will conduct requested reviews in a timely manner and with a level of rigor sufficient to accomplish our goals for accuracy and completeness. • Department management will be involved in the study process to ensure timely completion of City tasks and rapid decisions regarding project direction and policy resolution. • The City will provide a project coordinator to serve as the consultant's primary project contact and to assist with the collection of data. scheduling of meetings and space. marshaling of City resources. and other project administrative tasks. QUALIFICATIONS AND EXPERIENCE Chad Wohlford. MPPA. has evaluated government costs and operations for over 27 years. including 12 years in government service. seven years as a consultant and state director for a large national consulting firm. and over nine years operating an independent consulting practice. Mr. Wohlford specializes in cost analysis. and he has personally conducted over 100 studies and evaluated at least 30 functional areas for over 70 cities. counties. districts, and states. He successfully performed a prior Cost of Service study for the City of Temecula. WVOHLFORD CONSULTING Page 10 of 15 June 24, 2014 22 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) COST PROPOSAL Summary Wohlford Consulting proposes to provide this study for the fixed professional fee of $38,850. This fee includes all of the deliverables and work tasks described in the proposal. as well as all expenses. Temecula will not incur any additional charges (e.g.. overhead. printing. travel. etc.) unless they are related to additional services requested by the City that exceed the contracted scope of services. Project Budget and Cost Detail The following table shows a breakdown of the components that comprise the project fee for the proposed study. Table 1: Full Cost Study Project Fee Details Project Component Hours Fixed Fee Project Management: Project Planning and Control Included ' Quality Assurance Processes Included ' Conuuwucation Plan/Presentations Included Stuumary Reports Included * Fixed Project Hourly Rate $ 150 Cost Allocation Plans: Full Cost Plan 70 $ 10.500 Federal (A-87) Plan 10 $ 1.500 Expenses $ 750 Total CAP Project Fee: 80 S 12.750 Full Cost Analysis: Building and Safety 50 $ 7,500 Fire Prevention 24 $ 3,600 Planning 44 $ 6,600 Code Enforcement 8 $ 1.200 Public Works 43 $ 6,450 Expenses $ 750 Total Full Cost Project Fee: 169 S 26.100 Total Potential Project Fee: 249 S 38,850 * The cost for Project Management tasks has been factored into the individual project components. If the City wishes to remove specific tasks from the study. I can adjust the cost accordingly. but the various permutations of these costs are too numerous to display here. In addition. there are various "fixed" costs that are distributed through the other tasks and need to be accounted for in the final project fees. WOHLFORD CONSULTING Page 11 of 1; June 24, 2014 23 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Billing Milestones Wohlford Consulting will invoice the City based upon a series of "billing milestones" that represent the completion of significant drafts, tasks. deliverables. or other project components. The proposed "billing milestones" are shown in the following two tables: Table 2: Cost Allocation Plan Billing Milestones # Cost Allocation Plan Milestone Description Project % 1 Project Kick-off and Completion of Initial Interviews 20% 2 CAP Structure Developed: Design of Analytical Model: Delivery of Data Collection Worksheets 20°ro 3-5 Monthly Progress Payments — each @ 5% (max. 3) 15% 6 Initial Draft of Full Cost Plan Results Delivered 120/0 7 Second Draft of Full Cost Plan Results Delivered 5% 8 Final Full Cost Plan Results Delivered 5% 9 Initial Draft of Federal Cost Plan Results Delivered 5% 10 Final Federal Cost Plan Results Delivered 5% 11 Draft of Summary Report Delivered 5% 12 Final Summary Report Delivered 5% 13 Final Documentation Delivered and/or City's Acceptance of Project Completion 3% 14 Total: 1003/4 Table 3: Full Cost ofService Study Billing Milestones # Cost of Service Milestone Description Project % 1 Project Kick-off Presentation, Initial Interviews 15% 2 Fee Inventory Developed; Design of Analytical Model: Delivery of Data Collection Worksheets 15% 3-5 Monthly Progress Payments — each @ 5% (max. 3) 15% 6 Initial Review Drafts of Fee Study Results Delivered 15% 7 Final Review Draft of Fee Study Results Delivered 10% 8 Final Fee Study Results Delivered 5% 9 Comparison Survey Developed and Data Collected 3.0% 10 Comparison Survey Draft Delivered 2.0% 11 Draft Report Delivered 10% 12 Final Report Delivered 5% 13 Presentation Developed 2.00% 14 Final Presentation of Results (or City acceptance of project finalisation) 3.00% Total: 100.0% WOHLFORD CONSULTING Page 12 of 15 June 24, 2014 24 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) As the customization and flow of the project warrants. we may complete certain elements of the study in a different order than the billing milestones may indicate. In addition. if progress lags for certain departments/fee areas. we may fractionate and prorate the milestones to allow billing for the work completed. Cost Flexibility and Control Cost and Scope Adjustments at the City's Request The proposed cost reflects my expectations of the work necessary to complete the proposed scope of services to the satisfaction of the City—at the highest level of quality and service. I would be pleased to revise the project price and scope to better reflect the needs and/or resource availability of the City, as well as to foster enhanced comparisons ("apples to apples" quality) with competing proposals. If you find this proposal to be responsive and qualified. but price remains an obstacle to the selection of Wohlford Consulting. please contact me to discuss alternatives and potential adjustments to the scope and price that can help you accomplish your goals. yet retain the overall advantages of this proposal. As sole proprietor of Wohlford Consulting. I have the authority to decisively and significantly alter the proposal scope and price to best fit the needs of the City. If the City wishes to engage Wohlford Consulting for services not included in the proposed scope of services. we can normally establish mutually agreeable fixed fees or use the standard hourly add-on rate of $150. plus expenses. The following table identifies the cost of certain potential "add-on" services at the City's request: Cost of Additional Services Project Component Fee Fee Comparison Survey $ 2,900 * Presentations and Meetings: On -Site $1,900 / day + expenses Virtual (web/phone/video conference) $150 / hour * New Presentation Development $150 / hour * Audit or Litigation Support (per hour) $ 295 / hour + expenses * Expenses are included in these fees. Other Cost Issues Wohlford Consulting almost always establishes project fees on a fixed -fee basis. The use of flat fees creates cost certainty for my clients and reduces administrative burdens for tracking and reporting. WOHLFORD CONSULTING Page 13 of 15 June 24, 2014 25 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) Wohlford Consulting will perform the proposed work for the proposed fixed price—regardless of whether it takes me more hours than expected to complete the tasks or whether my operating costs increase during the course of the study. The only cause for increasing project fees. in my opinion. is if the City requests additional services (or creates unreasonable project demands) and agrees to the additional cost in advance of the services. It is in the best interests of the City of Temecula and Wohlford Consulting to manage this project within the proposed budget. As a fixed fee project. we must maintain the scope of service. expected level of responsiveness. and assumed tasks at the proposed level to ensure a fair deal. Wohlford Consulting does not "nickel and dime" my clients with supplemental fees and hidden costs. In fact. extra service is the norm. At the same time. we need to protect the integrity of the fixed fee structure and maintain some limits. Should the City enact significant delays (one month cumulative). require excessive on-site meetings. require excessive drafts of documentation. or otherwise consume disproportionate resources from us. I will quantify the additional cost and request additional compensation from the City. Of course. I will not hold the City responsible for delays or additional work caused by Wohlford Consulting. Furthermore. whenever practical. I will give the City advance notice of the potential for additional cost. in order for the City to make an informed decision whether to proceed with its request. A request for additional compensation is very rare. but may be necessary to protect my ability to provide the necessary services to the City. It is important to note that the City has primary control over most potential project overages. For example. the most common causes for additional on-site visits are the inability of the client to stay within agreed-upon timeframes (excessive delays cause people to forget their tasks). lack of participation by key staff in earlier meetings. client staffing changes in the middle of the study. and lack of management involvement. Whatever the outcome of our financial agreements, I believe that you will find tremendous value in the work that you receive. WOHLFORD CONSULTING Page 14 of 15 June 24, 2014 26 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 eaiiiTeZatrT Proposal for a Full Cost of Service Study (Cost Allocation and User Fees) CONCLUSION I appreciate this opportunity to propose my services to the City of Temecula. I look forward to the chance to serve you and the City again and maintain our long- term professional relationship. This proposal represents an abbreviated version of a traditional proposal. since it has an emphasis on the scope of services. rather than the competitive advantages of Wohlford Consulting. I would be glad to provide additional information regarding my experience. work plans. references. or other details you may need m order to make a decision. Please contact me at your convenience if you have any questions about Wohlford Consulting. my proposal, or this study in general. I would be glad to help. Thank you again for reviewing my proposal. ( tag June 24, 2014 Chad Wohlford Sole Proprietor 372 Florin Road. #293 Sacramento, CA 95831 Phone: (916) 205-7050 Fax: (916) 393-6801 chad@wohlfordconsulting.com WOHLFORD CONSULTING Page 15 of 15 June 24, 2014 27 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 EXHIBIT B Payment Rates and Schedule The total cost for services shall be as outlined on page 11 and 13 of Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost for services exceed $45,925.00 unless additional services and costs exceeding this amount are approved by City Council. Payment shall be paid to Consultant based on the "billing milestones" outlined and agreed to by the Consultant on page 12 of the attached Consultant proposal. Project Component Hours Fixed Fee Project Management: $ 2.900 * Project Planning and Control Included * Quality Assurance Processes Included * Conunu nication Plan/Presentations Included * Summary Reports Included * Fixed Project Hourly Rate $ 150 Cost Allocation Plans: Full Cost Plan 70 $ 10.500 Federal (A-87) Plan 10 $ 1.500 Expenses $ 7.50 Total CAP Project Fee: 80 S 12,750 Full Cost Analysis: Building and Safety 50 $ 7.500 Fire Prevention 24 $ 3.600 Planning 44 $ 6.600 Code Enforcement 8 $ 1,200 Public Works 43 $ 6.450 Expenses $ 750 Total Full Cost Project Fee: 169 S 26,100 Total Potential Project Fee: 249 S 38,850 Cost of Additional Services Project Component Fee Fee Comparison Survey $ 2.900 * 28 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Billing Milestones Wohlford Consulting will invoice the City based upon a series of `billing milestones that represent the completion of significant drafts, tacks_ deliverables. or other project components. The proposed "billing milestones" are shown in the following two tables: Table 2: Cost Allocation Plan Billing Milestones # Cost Allocation Plan Milestone Description Project % 1 Project Kick-off and Completion of Initial Interviews 20% 2 CAP Stricture Developed: Design of Analytical Model: Delivery of Data Collection Worksheets 20% - Monthly Progress Payments — each it 5° 0 (max_ 3) 0 15% 6 Initial Draft of Full Cost Plan Results Delivered 12% 7 Second Draft of Full Cost Plan Results Delivered 5% 8 Final Full Cost Plan Results Delivered 5% 9 Initial Draft of Federal Cost Plan Results Delivered 5% 10 10 Final Federal Cost Plan Results Delivered 5% 11 Draft of Sutntnary• Report Delivered 5% 12 Final Summary Report Delivered 5% 13 Final Documentation Delivered and/or City's Acceptance of Project Completion 3% Final Presentation of Results (or City acceptance of project finalization) Total: 100°0 Table .. Full Cost of Service Stun;' Billing Milestones $t Cost of Serice Milestone Description Project 'I o 1 Project Kick-off Presentation. Initial Interviews 150 c 2 Fee Inventory Developed; Design of Analytical Model: Delivery of Data Collection Worksheets 15% 3-5 Monthly Progress Payments — each 'a! 5% (max 3) 15% 6 Initial Review Drafts of Fee Study Results Delivered 15% 7 Final Review Draft of Fee Study Results Delivered 10% 8 Final Fee Study Results Delivered 5% 9 Comparison Survey Developed and Data Collected 3.0% 10 Comparison Survey Draft Delivered 2.0% 11 Draft Report Delivered 10% 12 Final Report Delivered 5% 13 Presentation Developed 2.0006 14 Final Presentation of Results (or City acceptance of project finalization) 3.000'0 Total: 100.0% As the customization and flow of the project warrants. we may complete certain elements of the study in a different order than the billing milestones may indicate. In addition. if progress lags for certain departments fee areas. we may fractionate and prorate the milestones to allow billing for the work completed_ 29 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 CERTIFICATE OF LIABILITY INSURANCE CHADW-1 OP ID: JH tCATE(MM1VODIYYYY) I 07/07/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the polk:y(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln polcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 916-751-7682 Wright & Klmbrough Fax: 916-751-7690 Whitaker Davis Ins Svcs, DBA:QMAA 2150 Douglas Blvd., Supe 210 Rosev)8e, CA 95661 p E (E g V nmmt!"L' N$cN N.EN: FAX I(AC, Me): ADORERS: INSURER(S) AFFORD WG COVERAGE NAIC • ro RERA;Hartford Casualty Insurance Co 29424 ,NSURED Chad Wohlford hlford 3D2 Florin Road,#2931ting i JUL J -,ll,ry Sacramento, CA 95831 PURCHASING jsS ERS: 57SBAAX8756 - R: RERC• 04115/15 / INSURERD 1 1,000,000 INSURER E' $ 1,000,000 INSURER F' 1 l: a -MADS X OCCUR VERA IFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANC CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ITR TYPE OF INSURANCE rum was Swvn POLICY NUMBER IMYL�VYWYI EP dMiDONYYY1 LIMITS A GENERAL .__. UABIUTY COMMERCIAL GENERAL LIABILny 57SBAAX8756 - 04/15/14 04115/15 / EACH OCCI.RRENCE 1 1,000,000 r vv.v.uE ul ItEN,Eu P�EMlses(Ea «turaxej $ 1,000,000 1 l: a -MADS X OCCUR NED EXP (My one person! 1 10,000 X General Liability PFRSONN £ ADV INJURY $ 1,000,00C GENERAL AGGREGATE $ 2,000,000 OENL AGGREIGAA11 LIMIT APPLIES PLR —1 POLICY ' 17,E I., PRODUCTS - COMP/OP AGG $ 2,000,00C $ A /'..-- AUTOMOBILE _ X LIABILITY ANY Aura ALL OWNED_ OS _—.IN HIG'rED ADIOS X SCHECLAED DON-OWFIED AUTOS 57SBAAX8756 +"/ 04M5/14 04/15/15 1 I' 'T l;AsALELIAeI (OECeOR $ 1,000,000 YINJJRY(Porpernl w $ BCOIL `I DRY $ PRT$ ER YJ AMAGEacndelt) (Per eeade7) $ UMBRELLA LIAR EXCESS LIAB / _ OCC VR CLAMS -MADE EACH OCL1IRRENCE $ AGGREGATE $ PI I I I 1 kl II -NI, N 1 WORKERS COMPENSATION AND EMPLOYERS- LIABILITY ANY PROPRETOR,PART'ERIEXEcunvE YIN OFFCERWEI. ER EXCLUDED? (Mndetery In NH) 11 yae, delArlbe undo DESCRIPTION Cf S$'FRATICUS Dd1I,'r N 1 A 1 T y 1 MRi 1 1 L -i E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ 5 L DITFA$G POLICY -IMI I $ DESCRIPTION OF OPERAfl0 .i LOCATIONS 1 veH�5sES (Attach ACORD 101, Adddmr,al Rrmvke Schedule, Nowt* educe n sed) City of Temecula, The Suoeefssor Agency to the Temecula Redevelopont Agency, and the Temecula Community Services District are named Additional Insureds as required by contract per attached SS 00 08 04 05. of Temecula 41000 Main Streety,/�/ Temecula, CA 92590 I ..-/City TEMEC-1 Q P�/J �// y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 30 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Mary Vollmuth Pe 8yer, 'Lk '82fitt From: Chad Wohlford (Wohlford Consulting) <chad@wohlfordconsulting.com> SING Sent: Thursday, July 03, 2014 6:08 PM To: Mary Vollmuth Cc: Jennifer Hennessy Subject: RE: City of Temecula - W-9 & Insurance Certificates Requested Attachments: Chad Wohlford W-9 Form - 2014.pdf, Chad Wohlford Auto Insurance Evidence of Coverage April 2014 (Page 2 of 2).tiff; Chad Wohlford Auto Insurance Evidence of Coverage April 2014 (Page 1 of 2).tiff Hi, Mary. Thank you for your help through this process. I attached a W-9. I will direct my insurer to send the following insurance certificates directly to you: • General Liability ($1M/2M), with Hired/Non-Owned Auto ($1M) endorsement and the additional insureds noted. • Professional Liability ($1M) As a sole proprietor with no employees, I do not carry Work Comp. I do not carry Commercial Auto Insurance. I attached proof of my personal auto coverage at levels that exceed California requirements. Since it is a personal policy, I am unable to provide a certificate in the Acord format. Since I will be flying in from Sacramento for any on-site work in Temecula, I will be using rental cars, so my Hired/Non-Owned Auto coverage should suffice. Please let me know if you need any additional information. Thank You, and have an excellent 4`h of July. Nazi Chad Wohlford Owner and Principal Consultant Wohlford Consulting 372 Florin Road, #293 Sacramento, CA 95831 (916) 205-7050 - phone (916) 393-6801 - fax chadawohlfordconsulting.com 31 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 ACORL CHADW-1 OP ID: JH CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYVI 07/07/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcylles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Wright & Klmbrough Whitaker Davisax: s Ins Svcs, DBA: 2150 Douglas Blvd., Suite 210 Roseville, CA 95661 Phone: 916-751-7682 916-751-7690 CONTACT NAME: PHDNE PAx rat, Ern: I raw: EMAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIL A ©E IIV E RERA.United States Liability Ins Co LIABILITY COMMEROAL GENERAL LIABILITY INSURED Wohlford Consultingjj Mr. Chad Wohlford, DBA: 372 Florin Road, #293 Sacramento, CA 95831 J t JUL 08 2014 PURCHASING RERB: mac: EACH OCCURRENCE INSURER El: PREMISES tERe ouugU encal INSURER E: INSURER F : MED EXP (Any one person] COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OF INSURANCE MA 1149 POLICY NUMBERPOLICVErF POIJCY-ENP IMMACDIYVVY) L ears GENERAL — LIABILITY COMMEROAL GENERAL LIABILITY EACH OCCURRENCE $ PREMISES tERe ouugU encal $ 1 CLAIMSMADE (-1 OCCUR MED EXP (Any one person] __ f PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT_AGGREGATE LIMIT APPLIES PER. I POLICY 'G1 [ -IPA I ( 1 LOC PRODUCTS- COMP/OR AGO $ $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS — — SCHEDULED AUTOS NLJT OWNED AUTOS )M®I ED SINGLE LIMIT (13001? $ INJURY IPer poison) BODILY INJURY IN, accident) $ PROPERTY DAMAGE (NA acadent) f UMBRELLA LULB EXCESS LIAO _ OCCUR CLAIMS -MADE EROI OCCURRENCE $ AGGREGATE $ DED 1 IRETENr ONE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORRARTNERIEXECUTVE i J N I OFFICER/MEMBER EXCLUDEDT (Mandatory In NH) IIyee,I P1A)10FO L1t.�CRIPTION OF OPERATIONS Mew N/ A I TOAV LAATRS I 1 Er EL EACH ACCIDENT $ E.L DISEASE . EA EMPLOYEE f E L pSEASE • POLICY LIMIT $ A Professional LIab. CLAIMS MADE POLICY SP100951011 IDEDUCTIBL . $1,000 , 07/10/13 07/10/14 .,' / EachClaim 1,000,000 Aggregate 1,000,000 DESCRPTION OF OPERATIONS 1 LOCATIONS J VEHICLES (Attach ACORD 101, Ad61Io rAs Schedule If mon APece Is re5ulred) CERTIFICATE HOLDER CANCELLATION City of Temecula 41000 Main Street Temecula, CA 92590 TEMEC-1 v%s 7/7�I 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ACCORDANCE WITH 1H POLICYPROVISIONSTHE EXPIRATION DATE THEREOF, E WILL BE DELIVERED IN AUTHORIZED REPRESENTATIVE -7— ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 32 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 C'CRL CERTIFICATE OF LIABILITY INSURANCE CHADW-1 OP ID: JH DATE (MMIDDYYYYI 07/11/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certificate holder is an ADDITIONAL INSURED, tho policy(les) must bo ondorsod. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 916-751.7682 Wright & Kimbrough Fax: 916.751.7690 Whitaker Davis Ins Svcs, DBA: 2150 Douglas Blvd., Suite 210 Roseville. CA95661 p a e JUL ] NAMECONT. VI, lox, Ne aic i o Ext)• } E-MAIL INSURERS) AFFORDING COVERAGE NAj,C 6 RHtA:Unit@d States Liability Inc Co INSURED Chad T. Wohlford 4 7014 DBA: Wohlford Consulting 372 Florin Road, #293 PURCF!ASING Sacramento, CA 95831 uneRe: INStIRERc: INSURER D: INSURER E : S iNSURERF: 5 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSA LTR TYPE OF INSURANCE ADM eiSR SUMS PAID Poucv NIRABFR ppy& EBF (� PppLL���� Elle oPiNC YYYYI LATS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DATMGE SES PREMISESS (Ee pccuRence) 5 MED EX?(Any ono parson) 1 1 CLAIMS -MADE Q OCCUR PERSONAL 5 ADV INJURY 1 GENERAL AGGREGATE 5 _ GENL AGGREGATE LIMIT APPLIES PER: G 7 POLCY I I JJECT I—II LOC PRODUCTS - COMP/OP AGO 5 8 AUTOMOBILE WARILY ANY AUTO ALL AUTOS OVVNEDi__.SCHEDULED HIRED AUTOS NUTO COMBINED SINGLE LIMIT IFA gr klan9 3, S BODILY INJURY (Per person) BODILY INJURY (Per Hanel* 5 PROPET 1tl MACE S S UMBRELLA LIAR EXCESS LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE 8 AGGREGATE S LIED 1 1 RETENTION! 8 WORKERS AND ANY OFFICER/MEMBER (Mandatory B yyeee, 11FR(:RIPT1r1N COMPENSATOR EMPLOYERS' LIABIUYY YIN PROPRIETORIPARTNERA:XECUTNE EXCLUDED? in NN) dwMoe oder fl (OPERATIONS Yarn. NIA WC STATUI- I IOTH- 1(1 TRYIMITS 1 1 FR EL EACH ACCIDENT S E.L. DISEASE • EA EMPLOYEE S E L. DISEASE - POLICY UMT 1 A PROFESSIONAL LIAB. DEDUCTIBLE: 51,000 SP10095101 07/10/14 CLAIMS MADE RETRO 7/10105 07/10/15/EachClalm 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES !Attach ACORD 101, Addllonel Remarks SchedU Io. Ir mon space Is required) \)''\A G.1 f4' CERTIFICATE HOLDER CANCELLATION City of Temecula 41000 Main Street Temecula, CA 92590 CTEMEC-1 P4 a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo a e registered marks of ACORD 33 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Policy Name: Wohlford Consulting COMMERCIAL GENERAL LIABILITY Policy Number: 57SBAAX8756 Form SS 00 08 04 05 Excerpt ADDITIONAL INSURED This is an excerpt from the Commercial General Liability Form SS 00 08 04 05 that gives automatic additional insured status to certain persons or organizations, and it does not modify or alter coverage under the captioned policy. SECTION C - WHO IS INSURED, Item 6., Additional Insureds When Required By Written Contract, Written Agreement or Permit The person(s) or organizations) identified below are additional insureds when you have agreed, in a written contract, written agreement, or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the Injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization :s an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional Insured under this provision if such person or organization is included as an additional insured by endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional Insured coverage grants in Section F. – Optional Additional Insured Coverages. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products -completed operations hazard, but only if (1) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage° included within the 'products -completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition In Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Form SS 00 08 04 05 Excerpt 34 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2014-15/Wohlford Consulting/Agreement.Cost Allocation & User Fee Study.FIN15-04.07.22.14 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: August 12, 2014 SUBJECT: Resolution in Support of the Release of Marine Sergeant Andrew Tahmooressi (At the Request of Council Member Naggar) PREPARED BY: Greg Butler, Assistant City Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF ASSEMBLYWOMAN MELISSA MELENDEZ'S LETTER URGING THE PRESIDENT OF THE UNITED STATES TO ACTIVELY PURSUE THE TIMELY RELEASE OF MARINE SERGEANT ANDREW TAHMOORESSI BACKGROUND: On July 31, 2014, Assemblywomen Melissa Melendez dispatched a letter to the White House asking that the President of the United States, as Commander -in - Chief, do everything in his power to help free Marine Sergeant Andrew Tahmooressi, who has remained needlessly imprisoned in Mexico since March 31, 2014. The attached Resolution pledges the City's support of Assemblywoman Melendez's letter, the President's involvement, and urges other local agencies to do the same. In addition to Assemblywoman Melendez, representing the 67th District, the letter was signed by 17 other members of the California Assembly Legislature representing Assembly Districts 3, 5, 6, 12, 23, 33, 34, 38, 42, 44, 55, 68, 71, 72, 74, 75, 77 and three State Senators representing Senate Districts 1, 29, and 38. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Letter to President RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF ASSEMBLYWOMAN MELISSA MELENDEZ'S LETTER URGING THE PRESIDENT OF THE UNITED STATES TO ACTIVELY PURSUE THE TIMELY RELEASE OF MARINE SERGEANT ANDREW TAHMOORESSI THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula fully supports our State Assemblymembers and State Senators in seeking Presidential involvement in pursuing the release of Marine Sergeant Andrew Tahmooressi, and joins in urging the President of the United States, our Commander -in -Chief, to apply all diplomatic and legal pressure at his disposal to ensure that Sergeant Tahmooressi is released without further delay. Section 2. The City of Temecula urges all elected officials, at all levels of government, to show their support for Presidential engagement in facilitating the timely release of Marine Sergeant Andrew Tahmooressi. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 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 12th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk rian W. Jones Assemblyme .er, 71St District Brian Maienschein Ass blymembe 41.2.ociGt., Brian Nestande sse lym- ber, 42nd District r� Jim Patterson Assemblymember, 23rd District 1144)4.- OdiA etid Marie Waldron Assemblymember, 75th District Mark Wyland Senator, 38th District Dan Logue Assemblymember, 3rd District Allan R. Mansoor Assemblymember, 74th District Kristin Olsen Assemblym th is rict Donald P. Wagner Assembly; ember, 68th D. trict Scott Wilk Assemblymember, 38th District STATE CAPITOL COMMITTEES P.O.BOX 942849 ssrmhI VICE CHAIR:PUBLIC SAFETY SACRAMENTO,CA 94249-0067 BUDGET (916)319-2067 tj"(� JOBS.ECONOMIC DEVELOPMENT FAX(916)319-2167ZtJ�r(California 77 1 iDtg��SLtPAND THE ECONOMY (- 7� LOCAL GOVERNMENT DISTRICT OFFICE sTar,, VETERANS AFFAIRS •;-'; 41391 KALMIA STREET,SUITE 220 MURRIETA,CA 92562 41;*'FM-4 SUBCOMMITTEES (951)894-1232 �. + BUDGET SUBCOMMITTEE NO.5 FAX(951)894-5053 ON PUBLIC SAFETY MELISSA A. MELENDEZ ASSEMBLYWOMAN,SIXTY-SEVENTH DISTRICT July 31, 2014 The President of the United States of America The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Re: Marine Sergeant Andrew Tahmooressi Dear Mr. President, We are writing to ask that you do everything in your power as President and Commander-in- Chief to help free Marine Sergeant Andrew Tahmooressi, who has remained needlessly imprisoned in Mexico since March 31, 2014. As you may know, Sergeant Tahmooressi was in San Diego, receiving treatment for post- traumatic stress, when he made a wrong turn and ended up at the Mexican border. He informed the border patrol agents he did not want to enter Mexico and that he had all his belongings with him, including three personal firearms that are legally registered in accordance with U.S- laws. The Sergeant placed a 911 call to seek help, but he was informed that as he was in Mexican territory, no assistance was possible, and he was subsequently arrested. Since that date Sergeant Tahmooressi has been incarcerated in harsh conditions. Like you, we understand the magnitude of the serious problem of illegal arms and drug smuggling between Mexico and the United States. However, it is clear that Sergeant Tahmooressi is not part of the problem. His statement of admission when first approaching border authorities, and his cooperation with the Mexican authorities, point toward Sergeant Tahmooressi's innocence. He is entitled to expect the United States to facilitate a speedy resolution of this misunderstanding. We do not assume to possess a superior knowledge of resources available to your constitutional office. However, we must plead,that pursuant to U.S. Code, Title 22, Chapter 23, Section 1732, that you demand the immediate release of Sergeant Tahmooressi. We believe the grounds for your demand are sufficiently met and are rooted beyond the initial stop, detention, and weapons charges made by Mexican officials. Instead,the unjust detention and basis for your action under this code relates directly to his right to due process, right to be free Printed on Recycled Paper from physical compulsion at the hands of his captors, and right to a speedy, efficient, and just trial. The code states that whenever it is made known to the President that any citizen of the United States of America has been unjustly deprived of his liberty under the authority of a foreign government, that the duty of the President is to both: demand the reasons for the imprisonment; and if it appears wrongful and in violation of an American citizen's rights, the President shall demand that citizen's release. As of Wednesday,July 23`d,the U.S. Customs and Border Protection agency has released, without undue delay, three armed Mexican police officers who apparently crossed our border inadvertently. These Mexican officers were in possession of substantially similar weapons to those in Sergeant Tahmooressi's possession. The expedited release of these Mexican police officers is fitting in the circumstances; so too, is the release of Sergeant Tahmooressi. We urge you to apply all diplomatic and legal pressure at your disposal to ensure that Sergeant Tahmooressi is released without further delay. He has bravely served two tours of duty in Afghanistan and has earned your full support in accordance with United States law. Thank you in advance for your urgent attention to this matter. Sincerely, M issa A. Melendez Travis Allen A semblymember, 67 h District ymember, 7 nd District • , f rank Bigelow 4 Tim Donnelly Assemblymember, 5th District Assemblymember, 33rd District ✓`J G Beth aines Te Gaines Assemblymember, 6th District Senator, 1st District Mr. . %.Ehet•tdaft‘J LOVAL - orel Shannon Grove Assembl �::."":�ber, 44th District Assemblymember, 34th Wt)1:31 Curt Hagman Bob Huff Assemblymember, 55th District Senator, 29th District 1 Vet4A 1 —'r7r/tt- Irian W. Jones Dan Logue Assemblyme • •er, 715` District Assemblymember, 3rd District titt eattAdr, Brian Maienschein Allan R. Mansoor - Assblym.z...embe 77th 'strict Assemblymember, 74th District i :" k,..t.AAL_____ ae..... . Brian Nestande Kristin Olsen _sse % Item No. 9 Approvals City Attorney Finance Director City Manager Mr- ..! AL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: August 12, 2014 SUBJECT: Seventh Operating Memorandum for Roripaugh Ranch PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THREE AGREEMENTS FOR THE ACQUISITION AND CONSTRUCTION OF THE 5.1 ACRE NEIGHBORHOOD PARK IN PLANNING AREA 6 OF THE RORIPAUGH RANCH PROJECT: (1) THE SEVENTH OPERATING MEMORANDUM; (2) THE PARK IMPROVEMENT AGREEMENT FOR CONSTRUCTION OF THE PARK; AND (3) THE PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF THE PARK SITE, AND MAKING FINDINGS RELATING TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND: The Roripaugh Ranch Specific Plan ("Specific Plan") was approved by the City Council on November 26, 2002, and was amended on January 11, 2005 and February 14, 2006. On December 17, 2002, the City and Ashby USA entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC" and was amended on February 26, 2006 and April 23, 2013 ("Development Agreement"). The Specific Plan and Development Agreement required Ashby USA to construct certain improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific public improvements as set forth in the Specific Plan and Development Agreement. The Development Agreement requires that a 5.1 acre neighborhood park be constructed on Planning Area 6 of the Project. It also stipulates that not more than 400 building permits can be issued unless the park is completed to the satisfaction of the City. To further the intended purposes of the Development Agreement and the Specific Plan, the Seventh Operating Memorandum, the Park Improvement Agreement and the Purchase and Sale Agreement would require that Park LLC shall convey fee title to the park site to the City, at no cost to the City, that the Pan Handle Builders be jointly responsible for the construction of the Planning Area 6 neighborhood park pursuant to the Seventh Operating Memorandum, and that as security for the maintenance of the park site and the completion of the park, the final ten building permits (as divided into two building permits in each respective five tracts) of the Pan Handle Builders shall not be issued until such time as the park has been accepted by the City, thereby allowing the Pan Handle Builders to obtain 505 building permits (515 residential lots in the Pan Handle, minus the final ten building Permits) prior to completion of the park, rather than 400 building permits as currently provided in the Development Agreement. FISCAL IMPACT: None. There is no fiscal impact to the City as the Pan Handle Builders are to pay for the park improvements. ATTACHMENTS: 1. Resolution 2. Seventh Operating Memorandum Exhibit A — Legal Description of Real Property Subject to Development Agreement Exhibit B — Roripaugh Ranch Property Ownership Map Exhibit C — Location of 5.1 Acre Neighborhood Park Exhibit D — Purchase and Sale Agreement for Conveyance of Park Site (Roripaugh Ranch5.1 acre Park Site Planning Area 6) Exhibit E — Park Improvement Agreement (Roripaugh Ranch Prioject 5.1 Acre Park Planning Area 6) Exhibit F — Lenders Consent and Subordination RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THREE AGREEMENTS FOR THE ACQUISITION AND CONSTRUCTION OF THE 5.1 ACRE NEIGHBORHOOD PARK IN PLANNING AREA 6 OF THE RORIPAUGH RANCH PROJECT: (1) THE SEVENTH OPERATING MEMORANDUM; (2) THE PARK IMPROVEMENT AGREEMENT FOR CONSTRUCTION OF THE PARK; AND (3) THE PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF THE PARK SITE, AND MAKING FINDINGS RELATING TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves the following three agreements relating to the acquisition and construction of the 5.1 Acre Neighborhood Park in Planning Area 6 of the Roripaugh Ranch Project: (a) "Seventh Operating Memorandum to the Recorded Development Agreement Between City of Temecula and Ashby USA, LLC;" (b) "Park Improvement Agreement Roripaugh Ranch 5.1 Acre Park In Planning Area 6;" (c) "Purchase and Sale and Land Donation Agreement and Joint Escrow Instruction (Conveyance Of Roripaugh Ranch 5.1 -Acre Park Site Planning Area 6)" Section 2. With respect to each agreement described in Section 1, the City Council approves said agreements with such changes as may be mutually agreed upon by the parties, the City Manager, and the City Attorney, as are in substantial conformance with the form of such agreement as presented to the City Council. Section 3. With respect to each agreement described in Section 1, the Mayor is hereby authorized to execute each such agreement on behalf of the City. Section 4. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement each such agreement described in Section 1 and to administer the City's obligations, responsibilities and duties to be performed under said agreements. The City Manager is further authorized and directed to enter into and execute on behalf of the City such further implementing agreement, escrow instructions, acceptances, approvals of title reports and such other documents as are necessary to implement the provisions of said agreement. Section 5. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR") and on April 23, 2013 the City Council approved the Second Amendment to the Development Agreement and an Addendum to the EIR ("Addendum") by the adoption of Ordinance No. 13-04. The City Council finds that the EIR and Addendum properly addressed all of the environmental issues encompassed within the agreements described in Section 1 and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR and Addendum which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or Addendum or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. The Agreements described in Section 1 only provided for the construction of the Park and do not add any new public improvements or units not previously approved. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 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 12th day of August, 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 DRAFT: July 29, 2014 For Discussion Purposes Only SEVENTH OPERATING MEMORANDUM TO THE RECORDED DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA,LLC RORIPAUGH RANCH PROJECT 5.1 ACRE PARK IN PLANNING AREA 6 THIS SEVENTH OPERATING MEMORANDUM to the Recorded Development Agreement Between the City of Temecula and Ashby USA, LLC ("Memorandum") is made and entered into as of August 12 , 2014,by and between City of Temecula, a municipal corporation ("City"), RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC ("Park LLC ") and KB HOME COASTAL INC., a California corporation ("Tract 1 Developer"); BHT—RORIPAUGH WB99, LLC, a Delaware limited liability company("Tract 2 Developer"), STANDARD PACIFIC CORP., a Delaware limited liability company("Tract 3 and Tract 4 Developer"); and RORIPAUGH TEMECULA 113, LLC, a California limited liability company("Tract 5 Developer")referred to with Tracts 1, 2, 3 and 4 Developers collectively as the "Pan Handle Builders")_("Pan Handle Builders"). In consideration of the mutual agreements set forth herein and for other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. RECITALS. This Memorandum is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: A. On December 17, 2002,the City and Ashby USA, LLC, a California limited liability company("Developer") entered into that certain agreement entitled"Development Agreement by and between the City of Temecula and Ashby USA, LLC"which Development Agreement was recorded on January 9, 2003 in the Official Records of Riverside County as Document No. 2003-108567, which was amended on February 28, 2006 by the"First Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC" recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006- 0162268 and amended again on April 23, 2013 by the"Second Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013- 0324057(collectively,the"Development Agreement"). The real property that is subject to and encumbered by the Development Agreement is described on Exhibit A, "Legal Description of Real Property Subject to Development Agreement"). B. The Roripaugh Ranch Specific Plan was approved by the City on November 26, 2002 and was amended on January 11, 2005 and February 14,2006 (the"Specific Plan"). The Specific Plan is part of the Development Plan as defined in Section 1 of the Development Agreement. "Project"shall mean that development project described in the Development Agreement and the Specific Plan. C. Section 3.5.5 of the Development Agreement authorizes Developer or an Owner and the City to approve an"Operating Memorandum which does not constitute an amendment to -1- the Development Agreement, in order to implement the Development Agreement or provide for "changes, adjustments, or clarifications [that] are appropriate to further the intended purposes" of the Development Agreement. Since the date of the Development Agreement, six Operating Memoranda have been approved. The First Operating Memorandum was entered into on October 21, 2004, the Second Operating Memorandum was entered into on March 21, 2006, the Third Operating Memorandum was entered into on August 31, 2006, the Fourth Operating Memorandum was entered into on March 8, 2007, the Fifth Operating Memorandum was entered into on October 26, 2010 and the Sixth Operating Memorandum was entered into on January 25, 2011. The Fourth Operating Memorandum was recorded on March 8, 2007 in the Official Records of Riverside County as Document No. 2007-0160512. The Fifth Operating Memorandum was recorded on November 18, 2010 in the Official Records of Riverside County as Document No. 2010-0557219. The Sixth Operating Memorandum was recorded on March 3, 2011 in the Official Records of Riverside County as Document No. 2011-0093836. D. PARK LLC is the owner of that that certain real property in Phase II area of the Roripaugh Ranch Specific Plan which property is more specifically depicted on Exhibit B, Roripaugh Ranch Property Ownership Map (the "PARK LLC Property"), and is responsible for the development of PARK LLC Property. The PARK LLC Property is a portion of the real property subject to and encumbered by the Development Agreement. E. Pan Handle Builders are the owners of certain real property in the Phase I portion of the Roripaugh Ranch Specific Plan, commonly referred to as the "Pan Handle," which property is more specifically depicted Exhibit B, Roripaugh Ranch Property Ownership Map (the "Pan Handle Builders Property"), and are responsible for the development of their respective properties. The Pan Handle Builders Property is a portion of the real property subject to and encumbered by the Development Agreement. Individual homes sold and transferred to individual homeowners at the time of the agreement and during the term of the Agreement are intentionally excluded from this Agreement. F. The Specific Plan and Development Agreement require the construction of certain Public Improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. G. Section 4.1.1.5.1 of the Development Agreement requires that a 5.1 acre neighborhood park be constructed on Planning Area 6 of the Project ("Park"). The location of the Park is shown on Exhibit C, Location of 5.1 Acre Neighborhood Park ("Park Site"). Section 4.1.1.5.1 (d) of the Development Agreement provides that the not more than 400 building permits can be issued unless the Park is completed to the satisfaction of the City. H. The parties have agreed that PARK LLC will convey the Park Site to the City and that the Pan Handle Builders will construct the Park as provided in this Seventh Operating Memorandum. -2- I. The changes, adjustments and clarifications of the Development Agreement set forth in this Memorandum are appropriate to further the intended purposes of the Development Agreement and the Specific Plan. 2. CONVEYANCE OF PARK SITE TO CITY. PARK LLC shall convey fee title to the Park Site to the City at no cost to the City pursuant to the terms of the "Purchase and Sale Agreement for Conveyance of Park Site (Roripaugh Ranch 5.1 acre Park Site Planning Area 6)" between the City and PARK LLC entered into concurrently with the Seventh Operating Memorandum. A copy of the executed "Purchase and Sale Agreement for Conveyance of Park Site (Roripaugh Ranch)" is attached as Exhibit D. Upon conveyance of the Park Site to the City, PARK LLC shall have no further obligations to the City to construct the Park. 3. OBLIGATIONS OF PAN HANDLE BUILDERS TO MAINTAIN PARK SITE AND TO CONSTRUCT THE PARK A. From the time the City takes possession of the Park Site, the Pan Handle Builders shall be jointly and severally responsible for the Park Site until such time as the City accepts the Park. The responsibilities of the Pan Handle builders for the Park Site shall include, but not be limited to, maintenance, liability, compliance with all stormwater best management practices as required by applicable NPDES permits, graffiti removal, fines and penalties related to the Park Site and compliance with all applicable laws, ordinances and regulations. Panhandle Builders shall procure and maintain insurance applicable to the Park Site as provided in Paragraph 16 of the Park Improvement Agreement entered into concurrently with this Agreement. B. The Pan Handle Builders shall be jointly and severally responsible for the construction of the Park pursuant to this Seventh Operating Memorandum. The Pan Handle Builders have agreed among themselves and have designated KB HOME COASTAL INC ("Lead Builder") as the party who will cause the Park to be constructed pursuant to the terms of a "Park Improvement Agreement (Roripaugh Ranch Project 5.1 Acre Park Planning Area 6)," an executed copy of which is attached as Exhibit E, which terms include, but are not limited to: 1) City has approved the Plans and Specifications for the Park. 2) Lead Builder shall accept the lowest of not less than three bids from contractors experienced and qualified in the construction of parks for the construction of the Park, but compliance with the public works bidding procedures otherwise applicable to the City shall not be required. The City Council finds that full compliance with the provisions of the public bidding requirements of the Public Contract Code be unavailing, would not produce an advantage for the City, and would thus be undesirable, impractical, and impossible. Therefore, the except as provided in this Agreement, the public bidding requirements of the Public Contract are not applicable to construction of the Park. 3) Construction of the Park shall be subject to prevailing wages pursuant to California Labor Code Section 1720, et. seq. 4) Construction of the Park shall not begin until the City holds title to the Park Site or the Pan Handle Builders have obtained a license agreement from PARK LLC to enter the property for the purpose of constructing the improvements. -3- 5) City shall notify Lead Builder of the date when the City has acquired title to the Park Site and that it is authorized to and shall commence construction of the Park. 6) Lead Builder shall complete construction of the Park within one hundred eighty (180) days of the notice to proceed described in of this Paragraph. The Director of Public Works shall have the authority to extend the date of completion in his or her sole discretion. 7) City shall inspect the Park and Lead Builder shall correct all items requiring corrections on the City's "punchlist" to the satisfaction of the Director of Public Works. Punchlist items are defined as corrections to those items which are not in compliance with the approved Plans and Specifications for the Park. All items outside of this definition shall be deemed a change and subject to further review and approval by the City and Pan Handle Builders. 8) City shall accept the Park not less than ninety (90) days following completion of the Park Improvements, as determined by the Director of Public Works, if the City Council finds that all punchlist items have been corrected and all requirements of the Park Improvement Agreement have been fulfilled in accordance with Paragraph 14 of the Park Improvement Agreement between the City and Panhandle Builders, entered into on the same date as this Agreement. During such period, Lead Builder shall insure that all landscaping and park facilities are properly growing and remain undamaged. During this period, Lead Builder shall repair, replace and correct any dead vegetation and damaged facilities as provided in the Plans and Specifications. 9) Lead Builder shall secure the property to prohibit public use until such time that the Park Improvements have been accepted by the City as defined above. C. The Pan Handle Builders shall pay all required Development Impact Fees, including without limitation, the park components. D. Upon acceptance of the Park by the City (as defined in Section B.8 above), the Pan Handle Builders may, within thirty (30) days from acceptance, request reimbursement of the costs of construction of the Park from the City. City's obligation to reimburse the Pan Handle Builders for the costs of the Park shall be limited to the sum of the park component of the Development Impact Fees actually paid to the City from building permits issued to the Roripaugh Ranch Specific Plan ("Park DIF"). If at the time the Pan Handle Builders seek reimbursement, there are not sufficient Park DIF funds to make the payment, the City shall make a partial payment with the Park DIF funds that are available and the Pan Handle Builders may make a further request for the remaining portions of the reimbursement at such time as Park DIF funds are available. If funds are not available and the park improvements have been accepted, the City will cease collecting park fees from the Panhandle builders until the remaining portions of the reimbursement is satisfied. No interest shall be paid by the City on that portion of the Park construction costs not paid in the initial request. City shall make payments for the reimbursement requests within thirty (30) days from the date of the request. E. As security for the maintenance of the Park Site and the completion of the Park, the Pan Handle Builders have requested, and the City agrees, that the final ten building permits -4- (as divided into two (2) building permits in each respective five tracts) of the Pan Handle Builders shall not be issued until such time as the Park has been accepted by the City. F. Upon the conveyance of the Park Site to the City, the remaining building permits for Phase 1, except for the ten (10) building permits as provided in Section 3.E. above, shall be available for issuance to the Pan Handle Builders subject to all other conditions and requirements for the issuance of building permits, including but not limited to, Building Codes, payment of applicable fees, and plan checks, other than the construction of the Park as provided in this Agreement. G. The Pan Handle Builders agree that the City is entitled to rely upon the actions of Lead Builder in supervising and coordinating the maintenance of the Park Site and the construction of the Park. Should there be any disagreement between the Pan Handle Builders concerning Lead Builder's actions or inactions in the maintenance of the Park Site and the construction of the Park or its relations with the contractors, the Pan Handle Builders shall resolve those disagreements among themselves and agree not to include the City in any litigation or arbitration to resolve any such dispute. 4. DEFAULT AND LEGAL REMEDIES A. The sole remedy of Park LLC and the Pan Handle Builders in the event of a breach of this Agreement by City shall be specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of this Agreement. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Park LLC and Pan Handle Builders may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. City acknowledges that Park LLC and Pan Handle Builders has already invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it may not be possible to determine the sum of money which would adequately compensate Park LLC and the Pan Handle Builders for such efforts. For the above reason, the City, Park LLC and Pan Handle Builders agree that damages may not be an adequate remedy if the City fails to carry out its obligations under this Agreement and that Park LLC and Pan Handle Builders' sole legal or equitable remedy shall be the right to seek and obtain specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of this Agreement as a remedy for any breach of this Agreement and that specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of this Agreement are available remedies in the event Park LLC and Pan Handle Builders establishes City's breach of this Agreement. Any such action shall be filed in the appropriate court within one (1) year from the date of the action by the City that is being challenged. B. Park LLC and Pan Handle Builders shall not retain the right to seek, and hereby expressly waives, the right to seek damages against City, its elected and appointed officials, agents, contractors and attorneys for any action or failure to act under this Agreement. -5- C. City shall have all legal and equitable remedies available to it, provided City shall not file any such action until twenty (20) days following notice to Park LLC and Pan Handle Builders of the alleged breach or other problem, except for such filings as may be necessary to preserve any applicable statute of limitations. During such 20 -day period the parties shall meet and confer in good faith in an attempt to resolve the dispute. D. The failure of City Park LLC and Pan Handle Builders to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Park LLC and Pan Handle Builders. E. Prior to this Agreement being deemed in default, the City agrees to provide 30 day notice to all Pan Handle Builders to provide the opportunity for the parties to step in as Lead Builder and complete the obligations of this agreement 5. GENERAL PROVISIONS A. Pursuant to Section 3.5.5 of the Development Agreement, this Memorandum shall be attached to the Development Agreement as an addendum and thereafter become a part of the Development Agreement. B. As part of the Development Agreement, this Memorandum shall bind and inure to the benefit of the parties' successors, transferees and assignees to the same extent as the original Development Agreement. This Memorandum shall be recorded in order to ensure that subsequent owners of the Property are bound hereby. The parties agree that recordation is proper as a conveyance restriction under Government Code §27281.5. C. In entering into this Memorandum, the parties represent that they have relied upon the legal advice of their attorneys, who are the attorneys of their own choice, and that these terms are fully undertaken and voluntary accepted by them. The parties further represent that they have no questions with regard to the legal import of any term, work phrase, or portion of this Memorandum, or the Memorandum in its entirety, and accept the terms of this Memorandum as written. D. The parties on behalf of themselves and their successors and assigns, acknowledges and agrees that this Memorandum is valid, lawful, and biding upon the each of the respective parties and their successors and assigns. E. Memorandum constitutes the entire agreement between the parties with respect to the subject matter hereof, and this Memorandum supersedes all previous negotiations, discussion, and agreement between the parties to this Memorandum with respect to its terms, and no prior evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof, except for the Development Agreement Specific Plan, the land use entitlements for the Roripaugh Ranch Specific Plan, and the various Operating Memoranda described in this Memoranda. F. Except for the terms specifically set forth in this Memorandum clarifying and modifying the terms of the Development Agreement and Specific Plan, all other terms and -6- conditions of the Development Agreement and the Specific Plan, shall remain in full force and effect. G. The recitals set forth in Paragraph 1 of this Agreement are true and correct and are incorporated hereby this reference. H. The Pan Handle Builders shall pay to the City upon approval of this Agreement the sum of thousand dollars ($ .00) as the administrative fees to reimburse the City for its costs in preparing this Agreement and its component agreements. I. The City agrees that representatives of the City and representatives of the Pan Handle Builders will meet as frequently as reasonably necessary to discuss the status of the construction of the infrastructure and improvements and any problems encountered or anticipated with respect thereto. J. PARK LLC, the Pan Handle Builders and Lead Builder, each warrants and represents to the City that they has obtained all required third party approvals required for their respective approvals of this Memorandum. K. This Memorandum shall not be effective and shall not be recorded until such time as all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed a Consent and Subordination in a form reasonably acceptable to the City Attorney. The original of any such Consent and Subordination shall be attached hereto as Exhibit F and recorded with this Memorandum. L. The following Exhibits are attached to this Memorandum and incorporated herein as though set forth in full: Exhibit A Legal Description of Real Property Subject to Development Agreement Exhibit B Roripaugh Ranch Property Ownership Map Exhibit C Location of 5.1 Acre Neighborhood Park Exhibit D Purchase and Sale Agreement for Conveyance of Park Site (Roripaugh Ranch 5.1 acre Park Site Planning Area 6) Exhibit E Park Improvement Agreement (Roripaugh Ranch Project 5.1 Acre Park Planning Area 6) Exhibit F Lenders Consent and Subordination M. Except as otherwise expressly provided by law, any and all notice or other communications required or permitted by this Memorandum or by law to be served on or give to a party to this Memorandum by another party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or to any officer of that party, or, in lieu of personal service, on the third business day following deposit in the United States mail, Certified, postage prepaid, addressed to: To Pan Handle Builders: -7- To Tract 1 Developer: To Tract 2 Developer: With a copy to And to: KB HOME Coastal Inc. 36310 Inland Valley Drive Wildomar, CA 92595 Attention: Scott Hansen Telephone: (951) 691-5239 Facsimilie: BHT—Roripaugh WB99, LLC 400 Continental Boulevard, Suite 450 El Segundo, California 90245 Attention: Stephen Hester Telephone: (949) 609-1300 Facsimile: (949) 900-2340 BHT—Roripaugh WB99, LLC 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attention: Stephen Hester Telephone: (949) 609-1300 Facsimile: (949) 900-2340 Sheppard Mullin Richter & Hampton LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130 Attention: Domenic C. Drago, Esq. Telephone: (858) 720-8989 Facsimile: (858) 509-3691 To Tract 3&4 Standard Pacific Corp. Developers: 255 E. Rincon Street, Suite 200 Corona, CA 92879 Attention: Josh Gause Telephone: (951) 898-5529 Facsimile: (951) 898-5580 RORIPAUGH TEMECULA 113, LLC c/o Van Daele Homes 2900 Adams Street Suite C-25 Riverside, CA 92504 Attention: Eric Scheck Telephone951-3 54-2121 Facsimilie 951-354-2996 To Tract 5 Developer: To Park LLC: -8- With a copy to: To City With a copy to: RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC c/o Ken Kraemer Sabal Financial Group, LP 4675 MacArthur Court 15th Floor Newport Beach, CA 92660 (877) 900-6272 Allen Matkins Leck Gamble Mallory & Natsis LLP Attn: R. Michael Joyce, Esq. 1900 Main Street, 5th Floor, Irvine, CA 92614 949.553.1313 — Main 949.553.8354 — Fax City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Manager Peter M. Thorson, Esq. Richards, Watson & Gershon 355 S. Grand Ave., 40th Floor Los Angeles, CA 90071 -9- IN WITNESS WHEREOF, the parties hereto have signed and entered into this Memorandum as of the day and year first above written. CITY OF TEMECULA Maryann Edwards Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney PAN HANDLE BUILDERS: Tract 1 Developer: KB HOME COASTAL INC., a California corporation By: Name: Title: -10- Tract 2 Developer: BHT—RORIPAUGH WB99, LLC, a Delaware limited liability company Date: BY: BHT I INVESTORS, L.L.C., a Delaware limited liability company , its Sole Member By: HT Investment Partners, L.L.C., a Delaware limited liability company, Managing Member By: Highridge BHT, L.L.C., a Delaware limited liability company, Managing Member By: Highridge Asset Management, L.L.C., a Delaware limited liability company, Manager By: Highridge Management, Inc., a California corporation, Managing -Member By Name Title Tract 3 and 4 Developer: STANDARD PACIFIC CORP., a Delaware corporation Date: By: Name: Title: By: Name: Title: -11- Tract 5 Developer: RORIPAUGH TEMECULA 113, LLC, a California limited liability company Date: BY VAN DAELE HOMES, LLC, a California limited liability company, its Managing Member By Name Title By Name Title PARK LLC By Name Title By Name Title -12- CITY DRAFT: July 29, 2014 For Discussion Purposes Only Exhibit A Legal Description of Real Property Subject to Development Agreement Lot 2 of Tract No. 29353-2, in the City of Temecula, County of Riverside, State of California, as per plat recorded in Book 342, pages 73 through 85, inclusive of maps, records of said County. A.P.N.: 964-460-002 -13- EXHIBIT "B" EXHIBIT "C" SKYVIEW PARK RORIPAUGH RANCH TEMECULA, CALIFORNIA SITE MAP PROPERTY LINE 1B to 2. 5 4A TAS 4B 11 EABI p I(KIT /MAP 12 11- 14 33A . 2 GA, a TeUEcuu. CNAFORNK 13 18 28 31 17 18 28 24 23 21 20 LOCATION MAP NOT TO SCALE NOT TO SCALE City Draft: July 29, 2014 PURCHASE AND SALE AND LAND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTION (CONVEYANCE OF RORIPAUGH RANCH 5.1 -ACRE PARK SITE PLANNING AREA 6) This Purchase and Sale and Land Donation Agreement and Joint Escrow Instructions (Conveyance of Roripaugh Ranch 5.1 -Acre Park Site Planning Area 6) ("Agreement") is dated and entered into as of August 12, 2014 ("effective date") by and between RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC ("Seller" or "RVR") and the CITY OF TEMECULA, a municipal corporation (referred to below as "Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: (i) On December 17, 2002, the City and Ashby USA, LLC, a California limited liability company ("Developer") entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC", which was recorded on January 9, 2003 in the Official Records of Riverside County as Document No. 2003-108567, and amended on February 28, 2006 by the "First Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC" recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268 and amended again on April 23, 2013 by the "Second Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057 (collectively, the "Development Agreement"). The real property that is subject to and encumbered by the Development Agreement is described on Exhibit A, "Legal Description of Real Property Subject to Development Agreement". (ii) The Roripaugh Ranch Specific Plan was approved by the City on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan"). The Specific Plan is part of the Development Plan as defined in Section 1 of the Development Agreement. "Project" shall mean that development project described in the Development Agreement and the Specific Plan. (iii) RVR is the owner of that certain real property in Phase II area of the Roripaugh Ranch Specific Plan, which property is more specifically depicted on Exhibit B, Roripaugh Ranch Property Ownership Map (the "RVR Property"), and is responsible for the development of RVR Property. The RVR Property is a portion of the real property subject to and encumbered by the Development Agreement. (iv) KB HOME COASTAL INC., a California corporation (Tract 1 Developer), BHT—RORIPAUGH WB99, LLC, a Delaware limited liability company (Tract 2 Developer), STANDARD PACIFIC CORP., a Delaware limited liability company (Tract 3 and -1- City Draft: July 29, 2014 Tract 4 Developer); and RORIPAUGH TEMECULA 113, LLC, a California limited liability company (Tract 5 Developer) (referred to below collectively as the "Pan Handle Builders") are the owners of certain real property in the Phase I portion of the Roripaugh Ranch Specific Plan, commonly referred to as the "Pan Handle," which property is more specifically depicted on Exhibit B, Roripaugh Ranch Property Ownership Map (the "Pan Handle Builders Property"), and are responsible for the development of their respective properties. The Pan Handle Builders Property is a portion of the real property subject to and encumbered by the Development Agreement. (v) The Specific Plan and Development Agreement require the construction of certain Public Improvements necessary to support the homes that will be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. (vi) Sections 4.1.1.5 of the Development Agreement requires that Seller convey to the City a 5.1 acre neighborhood park that will be constructed on Planning Area 6 of the Project ("Park Property"). The Park Property is described more particularly on Exhibit C hereto and depicted on Exhibit D hereto, which are incorporated herein by this reference. B. Seller desires to sell, and Buyer desires to buy, the Park Property, in fee for a public use, namely for park, recreation and open space purposes on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Park Property in fee to Buyer and Buyer agrees to buy the Park Property in fee from Seller, subject to the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five business days after the effective date of this Agreement, the City will deliver a fully -executed certified copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully -executed certified copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in Section 17.k. below. Close of Escrow means the date on which the Grant Deed (as defined in Section 6.a. below) is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring thirty (30) days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Park Property from any source whatsoever will be solely that of Seller. 3. Consideration. For a valuable consideration set forth in the Development Agreement, receipt and sufficiency of which are hereby acknowledged, Seller shall sell the Park -2- City Draft: July 29, 2014 Property in fee to Buyer ("Consideration"). No attempt has been made to assign value to the lesser interest in the Park Property. Thus, the Consideration is the total compensation for the Park Property without distinction or separation for various interests that may be held in the Park Property. Seller is responsible for any compensation of any separately held interests that may exist in the Park Property. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Park Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's interest in the Park Property, which is described above in Section A (vi) of the Recitals and on Exhibits C and D to this Agreement at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy if Buyer elects such coverage as provided below in Section 4.b.) in the amount of $1,581,000 (the "Policy"). Seller will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's interest in the Park Property free and clear of all liens, encumbrances, restrictions, and rights-of- way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): 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 Park Property; and iii. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Park Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's interest in the Park Property will be free and clear of all monetary encumbrances. b. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance (referred to below as the "ALTA Extended Policy") or a CLTA Standard Coverage Form Owners Policy of Title Insurance. If Buyer, in its sole discretion, determines to obtain an ALTA Extended Policy, Seller will, at its expense, procure an ALTA survey and pay the cost of any such ALTA Extended Policy. -3- City Draft: July 29, 2014 5. Deposit of Escrow Funds by Seller. Seller covenants and agrees to deposit with Escrow Holder, prior to the Close of Escrow, such funds as are required for Escrow costs and all other applicable expenses payable by Seller under this Agreement. 6. Deposit of Documents in Escrow by Seller. a. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, the Grant Deed granting in fee to City the Park Property ("Grant Deed") duly executed and acknowledged by Seller. The form of the Grant Deed is attached as Exhibit E to this Agreement and is incorporated in this Agreement by this reference. Buyer will accept said executed Grant Deed prior to recording. b. Certification of Non -Foreign Status. Seller covenants and agrees to deliver to Escrow Holder, prior to the Close of Escrow, a certification of Non -Foreign Status in accordance with I.R.C. Section 1445. c. Withholding Exemption Certificate. Seller covenants and agrees to deliver to Escrow Holder, prior to the Close of Escrow, a Withholding Exemption Certificate 593-C as contemplated by California Revenue and Taxation Code Section 18862. d. Proof of Seller's Authorization. Such proof of Seller's authorization to enter into this transaction as Escrow Holder may reasonably require to issue the Policy. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing the City's fee interest in the Park Property in favor of Buyer, subject only to the Permitted Title Exceptions. Escrow Holder will notify Seller in writing regarding any funds required to obtain a full reconveyance of any monetary liens encumbering the Park Property, so that the Park Property is free and clear of monetary liens and encumbrances at the Close of Escrow. b. City will have deposited with Escrow Holder the Purchase Price. c. Seller will have deposited the funds required by this Agreement. d. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 13. e. Seller will have deposited in Escrow the executed Grant Deed and other documents as required by Section 6. -4- City Draft: July 29, 2014 Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 8. Escrow Charges and Prorations. a. Seller will pay for the costs of the Policy (or at Buyer's option the cost of the ALTA Extended Policy), Escrow costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Seller will pay for recording the Grant Deed, any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Seller will pay all escrow cancellation charges. b. Taxes and assessments levied against the Park Property shall be prorated as of 12:01 a.m. on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the Park Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments due for the period from an after Close of Escrow. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the Seller and Buyer will make all necessary adjustments by appropriate payments between them following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Park Property. c. All prorations will be determined on the basis of a 365 -day year. The provisions of this Section 8 will survive the Close of Escrow. 9. Due Diligence Period and Right of Entry and Access Agreement. During the period commencing on the effective date of the Right of Entry and Access Agreement ("commencement date") and ending at 5:00 p.m. thirty (30) calendar days after said commencement date (referred to as the "Due Diligence Period"), Buyer may inspect the Park Property as necessary for the purpose of making inspections and other examinations of the Park Property, including, but not limited to, the right to perform soil and geological tests of the Park Property and an environmental site assessment thereof. Buyer will give Seller ten (10) hour's written notice before going on the Park Property. Buyer's physical inspection of the Park Property shall be conducted during normal business hours. To evidence Buyer's right of entry to the Park Property, the parties shall execute a Right of Entry Agreement in substantially the form attached hereto as Exhibit F. 10. Warranties and Representations of Seller; Indemnity Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the Effective Date. If Seller acquires additional knowledge regarding the matters that are the subject -5- City Draft: July 29, 2014 of the warranties or representations contained in this Section 10 that would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Seller shall give prompt written notice thereof to Buyer. Within ten (10) business days following receipt of such notice, Buyer may elect to cancel this Agreement. Seller shall be responsible for any escrow cancellation charges. As of the Close of Escrow, the warranties and representations contained in this Section 10 shall be true and correct in all material respects, subject to any matters disclosed in writing by Seller to Buyer as provided in this Section and will survive the Close of Escrow: a. Seller is the fee owner of the Park Property and no other party has a fee interest in the Park Property. b. To the best of Seller's knowledge, that (i) on the Close of Escrow the Park Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Park Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Park Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations. Hazardous Substances are defined below in Section 15. c. To the best of Seller's knowledge, Seller has not received any written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Park Property are or have been in violation of any Environmental Laws as described below in Section 15, or informing Seller that the Park Property is subject to investigation or inquiry regarding Hazardous Substances (as defined in Section 15) on the Park Property or the potential violation of any Environmental Laws. d. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Park Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Park Property, and the Seller's grant of the fee interest in the Park Property to Buyer pursuant to this Agreement does not require the consent of any party not a signatory hereto. e. To Seller's actual knowledge, there is no pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal that involves the Park Property. f. Except as disclosed in the title commitment referred to in Section 4, there are no claims or liens presently claimed, or which will be claimed, against the Park Property for work performed or commenced by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Park Property and arising from work performed or commenced prior to the Close of Escrow. -6- City Draft: July 29, 2014 g. Seller has the full right and power to execute, deliver and perform their obligations under this Agreement, and when executed and delivered, Seller and all parties having an interest in the Park Property, shall be lawfully bound by the terms of the Agreement. Seller is the sole owner of the Park Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Park Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment or visible by physical inspection. Seller will not further encumber the Park Property or allow the Park Property to be further encumbered prior to the Close of Escrow. h. Neither this Agreement nor anything to be provided to be done hereunder, including transfer of title to the Park Property to Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Seller is a party, and which affects the Park Property or any part thereof, and the sale of the Park Property herein contemplated does not require the consent of any party not a signatory hereto. i. Seller is not a "foreign person" within the meaning of Section 1445(0(3) of the Internal Revenue Code. j. There are no assignable contracts and agreements relating to or affecting the Park Property to which Seller is a party or are obligated and pertaining to the upkeep, repair, maintenance, operation, or remediation of the Park Property that will survive the Close of Escrow. k. There are no leases, licenses, occupancy agreements, or other agreements or arrangements, oral or written, demising space in, providing for the use, possession, or occupancy of, or otherwise similarly affecting or relating to the Park Property. 1. To the fullest extent permitted by law, Seller shall indemnify, defend and hold harmless Buyer, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents and employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever (collectively, "Claims") that may arise out of, result from, or in any matter be related (directly or indirectly) to the failure of the warranties or representations of Seller contained in this Section 10 to be true and correct in all material respects. The indemnification provisions of this Section 10 shall survive the Close of Escrow for the longest period permitted by law and shall not be deemed merged or extinguished upon the recordation of the Grant Deed. 11. Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. -7- City Draft: July 29, 2014 b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. c. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Park Property by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Park Property or any part thereof, and the purchase of the Park Property herein contemplated does not require the consent of any party not a signatory hereto. 12. City's Total Consideration. a. It is understood and agreed between Seller and Buyer that the Consideration set forth in Section 3 of this Agreement is an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for the City's acquisition of the Park Property in fee, including any improvements on the Park Property. The Consideration is also full and complete consideration for all claims arising in connection with or out of Buyer's acquisition of the Park Property, including claims for the fair market value, severance and other damages, inverse condemnation, de facto taking, precondemnation damages, attorneys' fees, interest, loss of rents, improvements pertaining to the realty, any other damages of every kind and nature suffered by Seller by reason of the City's acquisition of the Park Property in fee, and all costs and expenses whatever in connection therewith. b. Relocation Assistance and Benefits. The parties acknowledge that Buyer has provided to Seller information regarding relocation assistance and benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.) ("Uniform Act"), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) ("California Relocation Law"). The parties further acknowledge that the Park Property consists of vacant and unimproved land. Seller does not occupy the Park Property and is thus not considered a "displaced person" as defined in the Uniform Act and the California Relocation Law. Buyer will have no further obligation to Seller under any federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). c. Loss of Business Goodwill. Seller does not occupy the Park Property or operate a business on the Park Property. Accordingly, Seller agrees and acknowledges that it is not entitled to any compensation for loss of goodwill in connection with the City's acquisition of the Park Property pursuant to Code of Civil Procedure Section 1263.510. d. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Park Property in fee or any preliminary steps thereto. -8- City Draft: July 29, 2014 e. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect as these may apply to the releases set forth in this Section 12. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: f. This Section 12 will survive the Close of Escrow. 13. Buyer's Contingencies. For the benefit of Buyer, the Close of Escrow and the Buyer's obligation to consummate the purchase of the Park Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Section 6 of this Agreement. c. Title Company's commitment to issue in favor of Buyer the Policy (or at Buyer's Option an ALTA Extended Policy) with liability equal to $1,581,000 showing Buyer's fee interest in the Park Property, subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Park Property that Buyer might perform prior to the Close of Escrow. 14. Right of Termination. Notwithstanding anything to the contrary contained herein, and without limiting any other right of termination for the benefit of Buyer contained herein, the Buyer shall have the right, in the exercise of its sole and absolute discretion and upon written notice to Seller and Escrow Holder, 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) at any time prior to the Close of Escrow upon the failure of any of the Buyer's contingencies described in Section 13. Upon such termination, all documents and monies deposited with Escrow Holder, less any escrow cancellation charges, shall be immediately returned to the depositing party. 15. Certain Definitions. -9- City Draft: July 29, 2014 a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 16. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested or by Federal Express. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with Federal Express. The Parties will address such notices as provided below or as may be amended by written notice: BUYER: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager -10- City Draft: July 29, 2014 COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 SELLER: Roripaugh Valley Neighborhood Park, LLC RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC c/o Ken Kraemer Sabal Financial Group, LP 4675 MacArthur Court 15th Floor Newport Beach, CA 92660 (877) 900-6272 COPY TO: Allen Matkins Leck Gamble Mallory & Natsis LLP Attn: R. Michael Joyce, Esq. 1900 Main Street, 5th Floor, Irvine, CA 949.553.1313 — Main 949.553.8354 — Fax ESCROW First American Title Insurance Company HOLDER: 3400 Central Avenue, Suite 100 Riverside, California 92506 Telephone No. (951) 787-1757 Fax No. (866) 558-2890 17. Miscellaneous. a. Authority to Execute and Bind. The Parties each represent and warrant that each of the persons executing this Agreement on behalf of each of the Parties has full and complete legal authority to do so and thereby binds each of the Parties to this Agreement. b. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. c. Entire Agreement. This Agreement reflects the entire agreement between the City and Seller regarding the City's proposed acquisition of the Park Property, and shall supersede all prior or contemporaneous oral or written understandings, statements, representations or promises between the City and Seller concerning the matters contained herein. d. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and -11- City Draft: July 29, 2014 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. e. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with the laws of the State of California. f. Legal Representation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement. g. Successors in Interest and Assigns. This Agreement will extend to, bind and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Parties. h. Understanding of Agreement. This Agreement has been negotiated in good faith and each party warrants and represents that in executing this Agreement, it is not relying on any representation, promise, inducement or statement made in negotiation that is not included in the terms of this Agreement. i. 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. j. Interpretation and Construction. Each of the Parties 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 convenience and reference only, and the words contained therein will in no way be held to -12- City Draft: July 29, 2014 explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. k. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. 1. 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. m. Exhibits. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein. n. Partial Invalidity/Severability. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or enforceable, the remainder of the Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or enforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC Dated: By: Title: -13- City Draft: July 29, 2014 BUYER 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 By: Maryann Edwards, Mayor -14- CITY DRAFT: July 29, 2014 For Discussion Purposes Only Exhibit A Legal Description of Real Property Subject to Development Agreement Lot 2 of Tract No. 29353-2, in the City of Temecula, County of Riverside, State of California, as per plat recorded in Book 342, pages 73 through 85, inclusive of maps, records of said County. A.P.N.: 964-460-002 -13- EXHIBIT "B" EXHIBIT "C" SKYVIEW PARK RORIPAUGH RANCH TEMECULA, CALIFORNIA SITE MAP PROPERTY LINE 1B to 2. 5 4A TAS 4B 11 EABI p I(KIT /MAP 12 11- 14 33A . 2 GA, a TeUEcuu. CNAFORNK 13 18 28 31 17 18 28 24 23 21 20 LOCATION MAP NOT TO SCALE NOT TO SCALE City Draft: July 29, 2014 Exhibit E Form of Grant Deed — 5.1 -acre Park Site RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: Office of the City Clerk 41000 Main Street Temecula, California 92590 [SPACE ABOVE FOR RECORDER'S USE ONLY] Assessor's Parcel No.: All of Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code §27383), Filing Fees (Govt. Code §6103), and Documentary Transfer Tax (Rev. & Tax. Code § 11922). GRANT DEED The undersigned Grantor declares: FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC ("Grantor") hereby grants in fee to the CITY OF TEMECULA, a municipal corporation, for a public use, namely park, recreation and open space purposes, and all uses necessary or convenient thereto the approximate 5.1 -acre parcel located in the City of Temecula, County of Riverside, State of California more particularly described on Exhibit "A" hereto ("Property") and depicted on Exhibit "B" hereto, together with all rights and appurtenances pertaining to the Property. Exhibits "A" and "B" are incorporated herein by this reference. SUBJECT TO: 1. General and special real property taxes and assessments and supplemental assessments for the current fiscal year; 2. All easements, covenants, conditions and restrictions of record; and 3. All matters that would be revealed or disclosed in an accurate survey of the Property. 1 Error! Unknown document property name. IN WITNESS WHEREOF, Grantor has executed this Grant Deed on 2014. GRANTOR RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC: By: Title: E-2 Error! Unknown document property name. City Draft: July 29, 2014 Exhibit "A" Legal Description of 5.1 -acre Park Parcel 3 Error! Unknown document property name. City Draft: July 29, 2014 Exhibit "B" Depiction of 5.1 -acre Park Parcel 4 Error! Unknown document property name. City Draft: July 29, 2014 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) SIGNATURE OF NOTARY 5 Error! Unknown document property name. City Draft: July 29, 2014 CITY OF TEMECULA Office of the City Clerk 41000 Main Street Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code §27281) (5.1 -acre Park Site) This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula the approximate 5.1 -acre parcel located in the City of Temecula, County of Riverside, State of California described more particularly in said Grant Deed is hereby accepted under the authority of the City Council of the City of Temecula and the City of Temecula consents to the recordation thereof by its duly authorized officer. Dated: , 2014 CITY OF TEMECULA, a municipal corporation ATTEST: Randi Johl-Olson JD, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney 6 Error! Unknown document property name. Aaron Adams City Manager CITY DRAFT: July 29, 2014 For Discussion Purposes Only Exhibit A Legal Description of Real Property Subject to Development Agreement Lot 2 of Tract No. 29353-2, in the City of Temecula, County of Riverside, State of California, as per plat recorded in Book 342, pages 73 through 85, inclusive of maps, records of said County. A.P.N.: 964-460-002 -13- EXHIBIT "C" SKYVIEW PARK RORIPAUGH RANCH TEMECULA, CALIFORNIA SITE MAP PROPERTY LINE 1B to 2. 5 4A TAS 4B 11 EABI p I(KIT /MAP 12 11- 14 33A . 2 GA, a TeUEcuu. CNAFORNK 13 18 28 31 17 18 28 24 23 21 20 LOCATION MAP NOT TO SCALE NOT TO SCALE City Draft: July 29, 2014 Exhibit F RIGHT OF ENTRY AND ACCESS AGREEMENT – DUE DILIGENCE ACTIVITIES THIS RIGHT OF ENTRY AND ACCESS AGREEMENT – DUE DILIGENCE ACTIVITIES ("Right of Entry") is made and entered into by and between RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC ("Grantor" or "RVR"), and the CITY OF TEMECULA, a municipal corporation ("Grantee" or the "City"). RECITALS A. This Right of Entry is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: (i) On December 17, 2002, the City and Ashby USA, LLC, a California limited liability company ("Developer") entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC", which was recorded on January 9, 2003 in the Official Records of Riverside County as Document No. 2003-108567, and amended on February 28, 2006 by the "First Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC" recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268 and amended again on April 23, 2013 by the "Second Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057 (collectively, the "Development Agreement"). The real property that is subject to and encumbered by the Development Agreement is described on Exhibit A, "Legal Description of Real Property Subject to Development Agreement"). (ii) The Roripaugh Ranch Specific Plan was approved by the City on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan"). The Specific Plan is part of the Development Plan as defined in Section 1 of the Development Agreement. "Project" shall mean that development project described in the Development Agreement and the Specific Plan. (iii) RVR is the owner of that certain real property in Phase II area of the Roripaugh Ranch Specific Plan, which property is more specifically depicted on Exhibit B, Roripaugh Ranch Property Ownership Map (the "RVR Property"), and is responsible for the development of RVR Property. The RVR Property is a portion of the real property subject to and encumbered by the Development Agreement. (iv) KB HOME COASTAL INC., a California corporation (Tract 1 Developer), BHT—RORIPAUGH WB99, LLC, a Delaware limited liability company (Tract 2 Developer), STANDARD PACIFIC CORP., a Delaware limited liability company (Tract 3 and Tract 4 Developer); and RORIPAUGH TEMECULA 113, LLC, a California limited liability company (Tract 5 Developer) (referred to below collectively as the "Pan Handle Builders") are the owners of certain real property in the Phase I portion of the Roripaugh Ranch Specific Plan, F-1 1712273v1 City Draft: July 29, 2014 commonly referred to as the "Pan Handle," which property is more specifically depicted on Exhibit B, Roripaugh Ranch Property Ownership Map (the "Pan Handle Builders Property"), and are responsible for the development of their respective properties. The Pan Handle Builders Property is a portion of the real property subject to and encumbered by the Development Agreement. (v) The Specific Plan and Development Agreement require the construction of certain Public Improvements necessary to support the homes that will be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. (vi) Sections 4.1.1.5 of the Development Agreement requires that RVR convey to the City a 5.1 acre neighborhood park that will be constructed on Planning Area 6 of the Project ("Park Property"). The Park Property is described more particularly on Exhibit C hereto and depicted on Exhibit D hereto, which are incorporated herein by this reference. B. Grantor and Grantee contemplate entering into a Purchase and Sale and Land Donation Agreement and Joint Escrow Instructions (Conveyance of Roripaugh Ranch 5.1 -Acre Site Planning Area 6) ("Purchase Agreement"). Pursuant to the Purchase Agreement, the City seeks to purchase in fee the Park Property for a public use, namely for park, recreation and open space purposes. C. Grantee has requested the right of entry upon and access to the Park Property for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition by Grantee of the Park Property pursuant to the Purchase Agreement. D. Grantor has agreed to grant to Grantee, and Grantee has agreed to accept from Grantor, the non-exclusive right to enter upon the Park Property to perform the Due Diligence Activities in accordance with the terms and provisions of this Right of Entry. E. Grantor and Grantee desire to execute and enter into this Right of Entry for the purpose of setting forth their agreement with respect to the Due Diligence Activities and Grantee's entry upon the Park Property. NOW, THEREFORE, for and in consideration of the above Recitals, the consideration set forth in the Purchase Agreement, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee do hereby covenant and agree as follows: 1. Incorporation of Recitals. The above Recitals are incorporated herein by this reference. 2. Access by Grantee. a. Subject to Grantee's compliance with the terms and provisions of this Right of Entry, until the earlier to occur of (i) 30 calendar days after the date this Right of Entry F-2 1712273v1 City Draft: July 29, 2014 is fully executed by the Parties, or (ii) the earlier termination of this Right of Entry, Grantee and Grantee's agents, employees, contractors, representatives and other designees (referred to below collectively as "Grantee's Designees") will have the right to enter upon the Park Property for the purpose of conducting the Due Diligence Activities. b. Grantee will provide ten hours telephonic notice to Grantor before entering the Park Property. c. Grantee expressly agrees as follows: (i) any activities by or on behalf of Grantee, including, without limitation, the entry by Grantee or Grantee's Designees onto the Park Property in connection with the Due Diligence Activities will not damage the Park Property in any manner whatsoever, (ii) in the event the Park Property is altered or disturbed in any manner in connection with the Due Diligence Activities, Grantee will immediately return the Park Property to the condition existing prior to the Due Diligence Activities, and (iii) Grantee, to the maximum extent allowed by law, will indemnify, defend and hold Grantor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by Grantor as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Grantee or Grantee's Designees onto the Park Property. Notwithstanding any provision of this Right of Entry to the contrary, Grantee will not have the right to undertake any invasive activities or tests on the Park Property, or any environmental testing on the Park Property beyond the scope of a standard "Phase I" investigation without the prior written consent of Grantor of a workplan for a "Phase II" or other invasive testing, which Grantor may grant, deny or condition in Grantor's sole and absolute discretion. If Grantor does not respond to or reject any workplan within five business days of Grantee's delivery of the written workplan proposal to Grantor pursuant to the notice provisions of this Right of Entry, then Grantor will be deemed to have approved the submitted workplan and Grantee may proceed with such testing. If Grantor rejects such proposed workplan in whole or in part, then this Right of Entry will become null and void at the sole option of Grantee. If Grantee terminates this Right of Entry under the foregoing provision, then neither party will have any further rights, duties and obligations. 3. Lien Waivers. Upon receipt of a written request from Grantor, Grantee will provide Grantor with lien waivers following completion of the Due Diligence Activities, in form and substance reasonably satisfactory to Grantor and Grantor's counsel (if any), from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against the Park Property for work performed or commenced in connection with Grantee's Due Diligence Activities. To the extent permitted by applicable law, Grantee hereby indemnifies Grantor from and against any claims or demands for payment, or any liens or lien claims made against Grantor or any portion of the Park Property as a result of Grantee's Due Diligence Activities. 4. Insurance. Prior to entering the Park Property, Grantee will, and will cause all of Grantee's Designees performing the Due Diligence Activities to, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor covering each of the Due Diligence Activities with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000.00, and to deliver to Grantor a certificate of insurance and F-3 1712273v1 City Draft: July 29, 2014 copy of additional insured endorsement naming Grantor as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Grantor has been named as an additional insured thereunder with respect to the Due Diligence Activities. Grantee will maintain such insurance in force throughout the term of this Right of Entry. 5. Successors. To the extent any rights or obligations under this Right of Entry remain in effect, this Right of Entry will be binding upon and enforceable against, and will inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 6. Grantor does not hereby convey to Grantee any title or real property interest in or to the Park Property, but merely grants the specific rights and privileges hereinabove set forth. 7. Vacant Property. The Park Property is vacant and unimproved. To the fullest extent permitted by law, Grantor will indemnify, defend and hold harmless Grantee, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any tenant or occupant of the Park Property that may arise out of, result from, or in any matter be related (directly or indirectly) to this Right of Entry. 8. 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: GRANTEE: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager GRANTOR: Roripaugh Valley Neighborhood Park, LLC c/o Ken Kraemer Sabal Financial Group, LP 4675 MacArthur Court 15th Floor Newport Beach, CA 92660 (877) 900-6272 With a copy to: 1712273v1 Allen Matkins Leck Gamble Mallory & Natsis LLP Attn: R. Michael Joyce, Esq. 1900 Main Street, 5th Floor, Irvine, CA 92614 949.553.1313 — Main F-4 City Draft: July 29, 2014 9. Miscellaneous. a. Authority to Bind Parties and Execute Right of Entry. Grantee and Grantor represent and warrant to one another that this Right of Entry constitutes a binding obligation on each of them and that the person executing this Right of Entry is authorized to execute the Right of Entry on behalf of the respective party and to bind it. b. Governing Law. This Right of Entry is deemed to have been prepared by each of the parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Right of Entry will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. c. Amendment or Modification. This Right of Entry may be modified or amended only by a writing executed by all parties to this Right of Entry. d. Partial Invalidity/Severability. Each provision of this Right of Entry will be valid and enforceable to the fullest extent permitted by law. If any provision of this Right of Entry or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or unenforceable, the remainder of this Right of Entry, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Right of Entry. e. Successors -in -Interest and Assigns. This Right of Entry will be binding upon and will inure to the benefit of the successors -in -interest and assigns of the parties hereto, and each of them. f. Legal Representation. The parties, and each of them, acknowledge that in connection with the negotiation and execution of this Right of Entry, they have each had the opportunity to be represented by independent counsel of their own choosing and the parties executed the Right of Entry after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the parties not so represented; and, prior to executing this Right of Entry, each of the parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Right of Entry. g. Interpretation and Construction. Each party has reviewed this Right of Entry and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Right of Entry. 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 Right of Entry or any amendments or exhibits thereto. In this Right of Entry the neuter gender includes the F-5 1712273v1 City Draft: July 29, 2014 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 Right of Entry are for 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 Right of Entry. h. Counterparts, Facsimile & Electronic Signatures. This Right of Entry may be executed in whole or in counterparts which together will constitute the entire Right of Entry. Facsimile or electronic signatures/counterparts to this Right of Entry will be effective as if the original signed counterpart were delivered. i. Fees and Costs. Each of the parties will bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating this Right of Entry. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Right of Entry or because of a breach of this Right of Entry by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees and costs from the other party. IN WITNESS WHEREOF, Grantor and Grantee have entered into this Right of Entry as of the date set forth below. GRANTOR RORIPAUGH VALLEY NEIGHBORHOOD PARK, LLC Dated: 1712273v1 By: Name: Title: F-6 City Draft: July 29, 2014 GRANTEE 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 1712273v1 Aaron Adams, City Manager F-7 CITY DRAFT: July 29, 2014 For Discussion Purposes Only PARK IMPROVEMENT AGREEMENT RORIPAUGH RANCH 5.1 ACRE PARK IN PLANNING AREA 6 This Park Improvement Agreement ("Agreement") is made and entered into as of August 12, 2014 by and between the City of Temecula, California, a Municipal Corporation of the State of California ("CITY"), and KB HOME COASTAL INC., a California corporation ("Tract 1 Developer"); BHT—RORIPAUGH WB99, LLC, a Delaware limited liability company ("Tract 2 Developer"), STANDARD PACIFIC CORP., a Delaware limited liability company ("Tract 3 and Tract 4 Developer"); and RORIPAUGH TEMECULA 113, LLC, a California limited liability company ("Tract 5 Developer") referred to with Tracts 1, 2, 3 and 4 Developers collectively as the "PAN HANDLE BUILDERS"). In consideration of the mutual agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: A. On December 17, 2002, the City and Ashby USA, LLC, a California limited liability company ("Developer") entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC" which Development Agreement was recorded on January 9, 2003 in the Official Records of Riverside County as Document No. 2003-108567, which was amended on February 28, 2006 by the "First Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC" recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006- 0162268 and amended again on April 23, 2013 by the "Second Amendment to Development Agreement Between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013- 0324057 (collectively, the "Development Agreement B. The Roripaugh Ranch Specific Plan was approved by the City on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan"). The Specific Plan is part of the Development Plan as defined in Section 1 of the Development Agreement. "Project" shall mean that development project described in the Development Agreement and the Specific Plan. C. The Specific Plan and Development Agreement require the construction of certain Public Improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. D. Section 4.1.1.5.1 of the Development Agreement requires that a 5.1 acre neighborhood park be constructed on Planning Area 6 of the Project ("Park"). The location of the Park is shown on Exhibit A, Location of 5.1 Acre Neighborhood Park ("Park Site"). Section -1- 4.1.1.5.1 ((d) of the Development Agreement provides that the not more than 400 building permits can be issued unless the Park is completed to the satisfaction of the City. E. On August 12, 2014, the City, Roripaugh Valley Neighborhood Park, LLC and PAN HANDLE BUILDERS entered into that Seventh Operating Memorandum F. Pursuant to the terms of the Seventh Operating Memorandum, the parties have agreed that the current owners of the Park Site, Roripaugh Valley Neighborhood Park, LLC ("Park LLC) will convey the Park Site to the City and that the PAN HANDLE BUILDERS shall be jointly and severally responsible for the maintenance of the Park Site and the construction of the Park. The PAN HANDLE BUILDERS have agreed among themselves and have designated Builder as the owner who shall be responsible for the maintenance of the Park Site as provided in the 7th Operating Memorandum and this Agreement and shall cause the Park to be constructed pursuant to the terms of this Agreement. G. The Pan Handle Builders shall be jointly and severally responsible for the construction of the Park pursuant to this Seventh Operating Memorandum. The Pan Handle Builders have agreed among themselves and have designated KB HOME COASTAL INC ("Lead Builder") as the party who will maintain the Park Site and cause the Park to be constructed pursuant to this Agreement. Should there be any disagreement between the PAN HANDLE BUILDERS concerning the actions or inactions of the LEAD BUILDER in the maintenance of the Park Site or construction of the Park or its relations with the contractors, the PAN HANDLE BUILDERS have agreed to resolve those disagreements among themselves and agree not to include the City in any litigation or arbitration to resolve any such dispute. H. In consideration of approval of the Development Agreement and the Seventh Operating Memorandum, the PAN HANDLE BUILDERS desire to enter into this Agreement, whereby promises to install and complete, at their own expense, the construction of the Park. PAN HANDLE BUILDERS have secured this agreement by Park Improvement Security required by the Subdivision Laws and approved by the City Attorney. I. Complete Park Improvement Plans for the construction, installation and completion of the Park have been prepared by PAN HANDLE BUILDERS, will be approved by the Director of Public Works on and upon approval shall be deemed incorporated into this Agreement by this reference ("Park Improvement Plans"). All references in this Agreement to the Park Improvement Plans shall include reference to any specifications for the improvements as approved by the Director of Public Works. J. An estimate of the cost for design, permit, inspection and construction of the Park according to the park Improvement Plans has been made and approved by the Director of Public Works and is attached to this Agreement as Exhibit B, Cost Estimate for Park. K. The CITY has adopted standards for the construction and installation of Park within the CITY. The Park Plans have been prepared in conformance with the CITY standards, in effect on the date of approval of the Park Improvement Plans. L. All capitalized terms in this Agreement shall have the meanings described in the Development Agreement and the Seventh Operating Memorandum, unless otherwise noted. -2- 2. OBLIGATION TO MAINTAIN PARK SITE; RIGHT OF ENTRY. From the time the City takes possession of the Park Site, PAN HANDLE BUILDERS shall responsible for maintenance of the Park Site until such time as the City formally accepts the Park. The responsibilities of the PAN HANDLE BUILDERS for maintenance of the Park Site shall include, but not be limited to, maintenance, liability, compliance with all storm water best management practices as required by applicable NPDES permits and law, graffiti removal, fines and penalties related to the Park Site and compliance with all applicable laws, ordinances and regulations. 3. PAN HANDLE BUILDERS'S OBLIGATIONS TO CONSTRUCT PARK IMPROVEMENTS. A. The PAN HANDLE BUILDERS shall construct the Park in accordance with the Park Improvement Plans. CITY reserves the right to modify the standards applicable to the Park, and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances in effect at the time of the agreement. If PAN HANDLE BUILDERS requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. B. PAN HANDLE BUILDERS shall accept the lowest of not less than three bids from contractors experienced and qualified in the construction of parks for the construction of the Park Improvements, but compliance with the public works bidding procedures shall not otherwise be required. C. PAN HANDLE BUILDERS shall complete the Park within one hundred eighty (180) days following the City's Notice to Proceed. The Director of Public Works shall have the authority to extend the date of completion in his or her sole discretion. D. PAN HANDLE BUILDERS shall commence construction of the Park within thirty (30) days of a notice to proceed from the Director of Public Works. E. PAN HANDLE BUILDERS shall furnish the necessary materials for completion of the Park Improvements in conformity with the Park Improvement Plans and CITY standards. F. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, 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 Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. PAN HANDLE BUILDERS shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. PAN HANDLE BUILDERS shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code with respect to the construction of the Park. Pursuant to the provisions of 1775 of the Labor Code, PAN HANDLE BUILDERS 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 -3- the stipulated prevailing rates for any work done under this contract, by him or by any contractor or subcontractor under it, in violation of the provisions of the law or this Agreement. 4. RIGHT OF ENTRY. The City hereby grants to the PAN HANDLE BUILDERS and its contractors, the right to enter upon the Park Site for the purposes of maintaining the Park Site and constructing the Park pursuant to the terms of this Agreement and the Seventh Operating Memorandum. 5. PARK IMPROVEMENT SECURITY. PAN HANDLE BUILDERS shall at all times guarantee its performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: A. To assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Park; and B. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Park required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Park; and C. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Park Improvements. D. Any changes, alterations or additions to the Park Improvement Plans and specifications or to the Park, not exceeding 20% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and PAN HANDLE BUILDERS, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, PAN HANDLE BUILDERS shall provide improvement security for faithful performance as required by this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by this Agreement. 6. INSPECTION AND MAINTENANCE PERIOD. A. PAN HANDLE BUILDERS shall obtain CITY inspection of the Park as required by City Standards. PAN HANDLE BUILDERS shall at all times maintain proper facilities and safe access for inspection of the Park Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the PAN HANDLE BUILDERS may request a final inspection by the Director of Public Works. B. The Park shall not be finally accepted prior to ninety (90) days following actual completion of the Park as determined by the Director of Public Works and all aspects of the work have been inspected and determined to have been completed in accordance with the Park Improvement Plan and applicable City Standards. PAN HANDLE BUILDERS shall bear all costs of inspection and certification -4- 7. RELEASE OF SECURITIES. Subject to approval by Director of Public Works, the securities required by this Agreement shall be released as follows: A. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. B. The Director of Public Works may release a portion of the security given for faithful performance of improvement work as the Park Improvement progresses upon application therefore by the PAN HANDLE BUILDERS; provided, however, that no such release shall be for an amount less that 25% of the total Park Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Park Improvement Security given for faithful performance until expiration of the maintenance period and final completion and acceptance of the improvement work. In no event shall the Director of Public Works authorize a release of the Park Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. C. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Public Works to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. D. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 11, the warranty period shall not commence until final acceptance of all work and improvements by the CITY Council. E. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 8. INJURY TO PUBLIC IMPROVEMENTS, PUBLIC PROPERTY OR PUBLIC UTILITIES FACILITIES. A. PAN HANDLE BUILDERS shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. PAN HANDLE BUILDERS's obligation under this paragraph shall be limited to replacement or repairs resulting from work required to construct park/landscape improvements. Repair work on adjacent public property not related to the park/landscape improvements shall not be the obligation of PAN HANDLE BUILDERS under this Agreement. B. PAN HANDLE BUILDERS shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any -5- work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. PAN HANDLE BUILDERS's obligation under this paragraph shall be limited to replacement or repairs resulting from work required to construct park/landscape improvements. Repair work on adjacent public utility property not related to the park/landscape improvements shall not be the obligation of PAN HANDLE BUILDERS under this Agreement. C. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Director of Public Works. 9. PERMITS. PAN HANDLE BUILDERS shall, at their expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 10. DEFAULT AND LEGAL REMEDIES A. Default of PAN HANDLE BUILDERS shall include, but not be limited to: 1) PAN HANDLE BUILDER'S failure to timely commence construction pursuant to this Agreement; PAN HANDLE BUILDER'S failure to timely commence construction of the Park; 2) PAN HANDLE BUILDERS'S failure to timely cure the defect in the Park; PAN HANDLE BUILDERS'S failure to perform substantial construction work for a period of 180 calendar days after commencement of the work; 3) Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which PAN HANDLE BUILDERS, or any of them, fails to discharge within thirty (30) days; 4) the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or 5) PAN HANDLE BUILDER'S failure to perform any other obligation under this Agreement. B. Prior to this Agreement being deemed in default, the City agrees to provide 30 day notice to PAN HANDLE BUILDERS to allow PAN HANDLE BUILDERS, or any of them, to step in and complete the obligations of this agreement. The CITY reserves to itself all remedies available to it at law or in equity for breach of PAN HANDLE BUILDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by PAN HANDLE BUILDERS. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Park and, therefore, CITY damages for PAN HANDLE BUILDERS'S default shall be measured by the cost of completing the required improvements. The sums provided by -6- the improvement security may be used by CITY for the completion of the Park in accordance with the Park Plans and specifications contained herein. In the event of PAN HANDLE BUILDER'S default under this Agreement, PAN HANDLE BUILDERS authorizes CITY to perform such obligation twenty days after mailing written notice of default to PAN HANDLE BUILDERS and to PAN HANDLE BUILDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of PAN HANDLE BUILDERS, and PAN HANDLE BUILDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to PAN HANDLE BUILDERS as may be on the site of the work and necessary for performance of the work. In addition, City reserves the right to withhold building permits from the PAN HANDLE BUILDERS as provided in the Seventh Operating Memorandum. C. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of PAN HANDLE BUILDERS. D. The sole remedy of PAN HANDLE BUILDERS and the PAN HANDLE PAN HANDLE BUILDERS in the event of a breach of this Memorandum by CITY shall be specific performance, declaratory relief, writ of mandate, or similar remedies to compel CITY's compliance with the terms of this Memorandum. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Memorandum has begun. After such implementation, PAN HANDLE BUILDERS may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. CITY acknowledges that PAN HANDLE BUILDERS has already invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Memorandum and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Memorandum, and it may not be possible to determine the sum of money which would adequately compensate PAN HANDLE BUILDERS for such efforts. For the above reason, the CITY and PAN HANDLE BUILDERS agree that damages may not be an adequate remedy if the CITY fails to carry out its obligations under this Memorandum and that PAN HANDLE BUILDERS's sole legal or equitable remedy shall be the right to seek and obtain specific performance, declaratory relief, writ of mandate, or similar remedies to compel CITY's compliance with the terms of this Memorandum as a remedy for any breach of this Memorandum and that specific performance, declaratory relief, writ of mandate, or similar remedies to compel City's compliance with the terms of this Memorandum are available remedies in the event PAN HANDLE BUILDERS establishes CITY's breach of this Memorandum. Any such action shall be filed in the appropriate court within one (1) year from the date of the action by the City that is being challenged. E. PAN HANDLE BUILDERS shall not retain the right to seek, and hereby expressly waives, the right to seek damages against City, its elected and appointed officials, agents, contractors and attorneys for any action or failure to act under this Memorandum. -7- 11. WARRANTY. A. PAN HANDLE BUILDERS shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the CITY Council of the work and improvements against any defective work or labor done or defective materials furnished. B. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by PAN HANDLE BUILDERS fails to fulfill any of the requirements of this Agreement or the Park Plans and specifications referred to herein, PAN HANDLE BUILDERS shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. C. Should PAN HANDLE BUILDERS fail to act promptly or in accordance with this requirement, PAN HANDLE BUILDERS hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to PAN HANDLE BUILDERS and to PAN HANDLE BUILDERS'S Surety and agrees to pay the cost of such work by CITY. D. Should CITY determine that an urgency requires repairs or replacements to be made before PAN HANDLE BUILDERS can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and PAN HANDLE BUILDERS shall pay to CITY the cost of such repairs. 12. INJURY TO WORK. A. Until such time as the Park is accepted by CITY, PAN HANDLE BUILDERS shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. B. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. 13. PAN HANDLE BUILDERS'S OBLIGATION TO WARN PUBLIC DURING CONSTRUCTION. Until final acceptance of the Park Improvements, PAN HANDLE BUILDERS shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. PAN HANDLE BUILDERS shall secure the property to prohibit public use until such time that the Park Improvements have been accepted by the City as defined in Section 14 below. 14. FINAL ACCEPTANCE OF PARK IMPROVEMENTS. -8- A. Acceptance of the Park Improvements on behalf of CITY shall be made by the City Council upon recommendation of the Director of Public Works after final completion and inspection of all Park Improvements. B. The City Council shall act upon the Director of Public Works' recommendations within thirty (30) days, or the next regular City Council meeting thereafter, from the date the Director of Public Works certifies that the work has finally completed and the ninety (90) day maintenance period has expired, as provided in this Agreement. Such acceptance shall not constitute a waiver of defects by CITY. 15. INDEMNITY/HOLD HARMLESS. A. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of PAN HANDLE BUILDERS, its agents, contractors, or employees in the performance of this Agreement. B. PAN HANDLE BUILDERS further agrees to protect and hold harmless CITY, Temecula Community Services District, their officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or PAN HANDLE BUILDERS, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, attorney fees, litigation expenses or loss because of, or arising out of, in whole or in part, the design or construction of the Park. C. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Park as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. D. Acceptance of any of the Park shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. E. CITY shall not be responsible for the design or construction of the Park pursuant to the approved Park Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by PAN HANDLE BUILDERS submitted to the Director of Public Works before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. F. After acceptance of the Park, the PAN HANDLE BUILDERS shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, PAN HANDLE BUILDERS shall not be responsible for routine maintenance. G. Provisions of this paragraph for Park shall remain in full force and effect for ten years following the acceptance by the CITY. It is the intent of this section that PAN HANDLE -9- BUILDERS shall be responsible for all liability for design and construction of the Park installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 16. LIABILITY INSURANCE. PAN HANDLE BUILDERS and its contractors shall procure and maintain until formal acceptance of the Park by the City Council and all obligations of this Agreement have been fulfilled, 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 PAN HANDLE BUILDERS, its agents, contractors, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. B. Minimum Limits of Insurance. BUILDER shall maintain limits no less than: (1) General Liability: two million dollars ($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 dollars ($1,000,000) per accident for bodily injury and property damage. (3) 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 $50,000 unless otherwise approved in writing by the City Manager in his sole discretion. -10- 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, Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the PAN HANDLE BUILDERS; products and completed operations of the PAN HANDLE BUILDERS; premises owned, occupied or used by the PAN HANDLE BUILDERS; or automobiles owned, leased, hired or borrowed by the PAN HANDLE BUILDERS. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the PAN HANDLE BUILDERS's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the PAN HANDLE BUILDER'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, its officers, officials, employees or volunteers. (4) The PAN HANDLE BUILDER'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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A -:VII, unless otherwise acceptable to the City. F. Verification of Coverage. PAN HANDLE BUILDERS 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 PAN HANDLE BUILDER'S insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. -11- 17. [Intentionally deleted.] 18. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 19. TIME FOR COMPLETION OF WORK EXTENSIONS. PAN HANDLE BUILDERS shall complete construction of the improvements required by this Agreement no later than one hundred eighty (180) days following the Notice to Proceed. The Director of Public Works may extend the time for completion in his or her sole discretion. The extension shall be made by writing executed by the Director of Public Works. Any such extension may be granted without notice to PAN HANDLE BUILDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. As a condition of such extension, the Director of Public Works may require PAN HANDLE BUILDERS to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Public Works. 20. NOTICES. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: City of Temecula 41000 Main Street Temecula, CA 92590 Attention: City Manager Notice to PAN HANDLE BUILDERS: To Tract 1 Developer: KB HOME Coastal Inc. 36310 Inland Valley Drive Wildomar, CA 92595 Attention: Scott Hansen Telephone: (951) 691-5239 Facsimilie: To Tract 2 Developer: BHT—Roripaugh WB99, LLC 400 Continental Boulevard, Suite 450 El Segundo, California 90245 Attention; Stephen Hester Telephone: (949) 609-1300 Facsimile: (949) 900-2340 With a copy to BHT—Roripaugh WB99, LLC 85 Argonaut, Suite 205 -12- Aliso Viejo, CA 92656 Attention: Stephen Hester Telephone: (949) 609-1300 Facsimile: (949) 900-2340 And to: Sheppard Mullin Richter & Hampton LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130 Attention: Domenic C. Drago, Esq. Telephone: (858) 720-8989 Facsimile: (858) 509-3691 To Tract 3&4 Standard Pacific Corp. Developers: 255 E. Rincon Street, Suite 200 Corona, CA 92879 Attention: Josh Gause Telephone: (951) 898-5529 Facsimile: (951) 898-5580 To Tract 5 Developer: 21. GENERAL PROVISIONS RORIPAUGH TEMECULA 113, LLC c/o Van Daele Homes 2900 Adams Street Suite C-25 Riverside, CA 92504 Attention: Eric Scheck Telephone951-354-2121 Facsimilie 951-354-2996 A. PAN HANDLE BUILDERS Not Agent of CITY. Neither PAN HANDLE BUILDERS nor any of PAN HANDLE BUILDERS'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of PAN HANDLE BUILDER'S obligations under this Agreement. B. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other PAN HANDLE BUILDERS for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. C. No Vesting of Rights. Performance by PAN HANDLE BUILDERS of this Agreement shall not be construed to vest PAN HANDLE BUILDER'S rights with respect to any change in any change in any zoning or building law or ordinance. -13- D. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. E. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. F. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. G. Legal Responsibilities. The PAN HANDLE BUILDERS shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The PAN HANDLE BUILDERS shall at all times observe and comply with all such laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the PAN HANDLE BUILDERS to comply with this section. H. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter, except for the agreements referenced in the Seventh Operating Memorandum. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the CITY Manager. -14- IN WITNESS WHEREOF, the parties hereto have signed and entered into this Memorandum as of the day and year first above written. CITY OF TEMECULA Maryann Edwards Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney PAN HANDLE BUILDERS: Tract 1 Developer: KB HOME COASTAL INC., a California corporation By: Name: Title: -15- Tract 2 Developer: BHT—RORIPAUGH WB99, LLC, a Delaware limited liability company Date: BY: BHT I INVESTORS, L.L.C., a Delaware limited liability company , its Sole Member By: HT Investment Partners, L.L.C., a Delaware limited liability company, Managing Member By: Highridge BHT, L.L.C., a Delaware limited liability company, Managing Member By: Highridge Asset Management, L.L.C., a Delaware limited liability company, Manager By: Highridge Management, Inc., a California corporation, Managing -Member By Name Title Tract 3 and 4 Developer: STANDARD PACIFIC CORP., a Delaware corporation Date: By: Name: Title: By: Name: Title: -16- Tract 5 Developer: RORIPAUGH TEMECULA 113, LLC, a California limited liability company Date: BY VAN DAELE HOMES, LLC, a California limited liability company, its Managing Member By Name Title By Name Title -17- EXHIBIT "C" SKYVIEW PARK RORIPAUGH RANCH TEMECULA, CALIFORNIA SITE MAP PROPERTY LINE 1B to 2. 5 4A TAS 4B 11 EABI p I(KIT /MAP 12 11- 14 33A . 2 GA, a TeUEcuu. CNAFORNK 13 18 28 31 17 18 28 24 23 21 20 LOCATION MAP NOT TO SCALE NOT TO SCALE September 30, 2013 Van Daele Development Corp 2900 Adams Street, Suite C-25 Riverside, California 92504 ADAME LANDSCAPE, INC "Participant of E -Verify Hiring Program" Project: Neighborhood Park Roripaugh Ranch Subject: Landscape Installation Attention: • Lie. No. C-27 643164 41863 Juniper Street Murrieta, CA 92562 Ph (951) 698-3090 Fax (951) 696-9698 www. ad ame land sc ape. c o rn This proposal is for the above referenced project. Listed below is our scope of work that is based on plans fronHirsch & Associates, sheets CS, CGDP, A2.0, LP, PP, E-1 to E-3 (dated 10/13/05). PRICE IS FOR BUDGET PURPOSES ONLY! Item # Description I Qty I Unit Rate I Total LANDSCAPE 1 Irrigation System* 1 LS $197,498.58 $ 197,498.58 2 Soil Preparation/ Weed Abatement/ Fine Grading 174,450 SF $ 0.15 $ 26,167.50 3 Root Barrier (Linear- 20' feet per each piece 18" & 24" deep) 1,460 LF $ 6.00 $ 8,760.00 4 Washingtonia Robusta - 15' Bth 34 237 $ 1,500.00 $ 51,000.00 5 24" Box Tree 190 390 $ 150.00 $ 28,500.00 6 5 Gal. Shrub Michelia Figo 'Port Wine' 106 EA $ 20.00 $ 2,120.00 7 5 Gal. Shrub (60% of planter -spacing at 4' O.C.) 2,126 EA $ 15.00 $ 31,890.00 8 5 Gal. Shrub (Native Plants- spacing at 6' O.C.) 524 EA $ 16.00 $ 8,384.00 9 5 Gal. Vine 43 EA $ 30.00 $ 1,290.00 10 1 Gal. Shrub (40% of planter -spacing at 4' O.C.) 1,418 EA $ 5.50 $ 7,799.00 11 Groundcover Flat @ 12" O.C. Perlargonium Pelatum 100 EA $ 24.00 $ 2,400.00 12 Groundcover Flat @ 12" O.C. Ice Plant 650 EA $ 18.00 $ 11,700.00 13 Turf Sod Maraton 11 98,883 SF $ 0.55 $ 54,385.65 14 2" Thick Layer of Mulch (Plant's Choice brush mulch) 75,567 SF $ 0.28 $ 21,158.76 15 90 Day Maintenance Period 1 LS $ 7,500.00 $ 7,500.00 LANDSCAPE TOTAL $ 460,553.49 ITEMS TO BE CORRECTED 16 Remaining portion of decorative fence to be removed and reinstalled (17 fence panels in restroom building). Fence to be cleaned and repainted. Wall cap to be reinstalled/ replaced and all wall cap to be painted (reference #1). Approx. 311 f is existing that must be repaired and repainted. 640 LF $ 55.00 $ 35,200.00 17 Replace all plastic/ vinyl parts to play equipment. Replace all shade cloth/ canvas. Sand and paint all metal parts. Replace all missing or damaged parts and tighten all connectors and fasteners (reference #2). 1 LS $ 35,000.00 $ 35,000.00 18 Repair restroom building, fixtures and systems (reference #3). 1 LS NO BID $ - 19 Remove existing cracked slab and pour new slab. Install pedestrian gate and access gate to trash enclosure to meet ADA requirements (reference #4). Price is based on removal and replacement of trash enclosure. 1 LS $ 9,500.00 $ 9,500.00 20 Remove cracked stairs and pour new stairs (reference #5). 237 SF $ 40.00 $ 9,480.00 21 Remove cracked play area concrete curb and pour new curb (reference #6). 390 LF $ 22.00 $ 8,580.00 22 Concrete curb to be removed and poured in new location per new parking drive requirements to expand drive aisle width to 26' (reference #7). 350 LF $ 15.00 $ 5,250.00 See next page for continuation: 41863 Juniper St. Murrieta, CA 92530 Phone 951-698-3090 Fax 951-696-9698 info@adamelandscape.com 23 Light post to be reinstalled per original construction plans. All light fixtures to be re -wired and repaired and/ or replaced (reference #8). Budget price is based on complete new installation. Existing electrical must be evaluated. 1 LS $225,000.00 $ 225,000.00 24 Remove existing drain line (reference #9). 50 LF $ 6.00 $ 300.00 25 Remove debris, install landscape fabric and install new fibar safety surfacing (reference #10). 4,184 SF $ 2.75 $ 11,506.00 26 Lower catch basin to correspond w/ sidewalk elevation (reference #11). 1 EA $ 750.00 $ 750.00 27 Complete installation of shade shelter (reference #12). 1 LS $ 20,000.00 $ 20,000.00 28 Remove basketball backboards and install new backboards. Sand post and paint (reference #13). 1 LS $ 2,600.00 $ 2,600.00 29 Power wash and re -stripe basketball courts (reference #14). 5,490 LF $ 0.50 $ 2,745.00 30 Remove existing concrete side walk (reference #15). 235 SF $ 4.00 $ 940.00 31 Cap and bury existing storm drain stub -up (reference #16). 1 LS $ 400.00 $ 400.00 ITEMS TO BE CORRECTED TOTAL $ 367,251.00 ITEMS TO BE INSTALLED 32 Install new handicap ramp (reference #1). 1 LS $ 900.00 $ 900.00 33 Install cover for trash enclosure (reference #2). 1 LS $ 3,500.00 $ 3,500.00 34 Install handicap ramp w/ handrails per ADA requirements (reference #3). 1 LS $ 7,500.00 $ 7,500.00 35 Install park benches (reference #4). 7 EA $ 1,200.00 $ 8,400.00 36 Install picnic table (reference #5). 13 EA $ 1,600.00 $ 20,800.00 37 Install stairs w/ handrails (reference #6). 1 LS $ 7,500.00 $ 7,500.00 38 Install trash receptacles (reference #7). 12 EA $ 1,100.00 $ 13,200.00 39 Install barbecues (reference #8). 7 EA $ 1,200.00 $ 8,400.00 40 Install 2' concrete swale (reference #9). 450 LF $ 7.00 $ 3,150.00 41 Install 6" mow curb (reference #10). 1,090 LF $ 6.00 $ 6,540.00 42 Install missing catch basin (reference #11). 4 EA $ 350.00 $ 1,400.00 43 Install drain line (reference #12). It is assumed that most drains are existing. 200 LF $ 15.00 $ 3,000.00 44 Install curb and gutter (reference #13). 1,130 LF $ 15.00 $ 16,950.00 45 Install retaining gutter (reference #14). 30 LF $ 25.00 $ 750.00 46 Install bike rack (reference #15). 1 EA $ 1,950.00 $ 1,950.00 47 Install retaining wall (reference #16). 45 LF $ 125.00 $ 5,625.00 48 Install handrails (reference #17). 56 LF $ 20.00 $ 1,120.00 49 Install fencing (reference #18). Original plans indicate fence is not a part. 1,130 LF $ 50.00 $ 56,500.00 50 Install drinking fountain (reference #19). 1 EA $ 5,500.00 $ 5,500.00 51 Install handicap signs (reference #20). 1 EA $ 250.00 $ 250.00 48 Install turnacated domes (reference #21). 3 EA $ 450.00 $ 1,350.00 49 Install parking lot entry drive and approach (reference #22). 1 LS $ 6,500.00 $ 6,500.00 50 Install sewer line from existing clean-out and connect to sewer main in street (reference #23). 40 LF $ 225.00 $ 9,000.00 51 Install domestic water meter (reference #24). 1 LS $ 1,500.00 $ 1,500.00 ITEMS TO BE INSTALLED TOTAL $ 191,285.00 MISCELLANEOUS 52 Damaged concrete to be removed and non-compliant ADA sidewalk to be removed and new concrete installed. Rebar @ 18" O.C. per plan. 10,116 SF $ 9.00 $ 91,044.00 53 Concrete to be installed. Rebar @ 18" O.C. per plan. 8,470 SF $ 5.00 $ 42,350.00 54 NC paving and aggregate base to be installed and parking lot striped. 6,310 SF $ 4.25 $ 26,817.50 55 Area to be graded and replanted with native plants. 18,868 LF $ 0.25 $ 4,717.00 56 Area to be regraded to install new sidewalk. 6,142 SF $ 0.35 $ 2,149.70 57 Sidewalks to be installed per street improvement plans 3,466 SF $ 3.75 $ 12,997.50 MISCELLANEOUS TOTAL $ 180,075.70 SUBTOTAL $ 1,199,165.19 PREVAILING WAGE ESTIMATE (20%) 239.833.04 TOTAL ESTIMATE $ 1,438,998.23 41863 Juniper St. Murrieta, CA 92530 Phone 951-698-3090 Fax 951-696-9698 info@adamelandscape.com Notes: Price is for budget purposes only Price includes 1,000,000.00 Work. Comp., Auto and General Liability Insurance and 2,000,000.00 Aggregate. *Irrigation plan was not provided therefore, bid per irrigation plans dated 06/09/05. It is assumed that small planters will be converted to dripline irrigation and all turf areas directly adjacent to hardscape will have 2 feet of dripline per AB 1881. 6 additional drip zones were included and 8 additional spray head zones were included in order to isolate grass zones from new planter areas. Irrigation heads shown as 4" pop -ups are bid as 12" pop -ups for planter areas. Parking lot is based on specifications on original plan. Concrete is bid with #3 rebar at 18' spacing per original plan. Restroom building work is not included. Inspections fees are not included. It is assumed that all existing improvements have been approved structurally and will not require visual inspection. If you have any additional information or questions, please feel free to contact me (951) 698-3090. Sincerely, James Potter Adame Landscape, Inc. 41863 Juniper St. Murrieta, CA 92530 Phone 951-698-3090 Fax 951-696-9698 info@adamelandscape.com 1. EXHIBIT F LENDER'S CONSENT AND SUBORDINATION ("Lender") holds a security interest in a portion of the Property described in the Seventh Operating Memorandum belonging to ("Owner"). 2. Lender acknowledges that the Development Agreement and the Seventh Operating Memorandum are integral parts of the Owner's land use entitlements for the Owner's property and provide significant benefits to the Owner and to its property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the Seventh Operating Memorandum. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the Seventh Operating Memorandum and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of Owner's property, Lender hereby consents to the Development Agreement and the Seventh Operating Memorandum and their recordation and further agrees that Lender's interests in the Owner's property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the Seventh Operating Memorandum. 4. The City agrees to provide notice of any default of Owner to Lender pursuant to Section 10 of the Development Agreement at the following address: IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of , 2014. Lender: Name: Title: Name: Title: Two signatures of corporate officers of Lender is required. Item No. 10 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: August 12, 2014 SUBJECT: Fourth Amendment to the Agreement with Interwest Consulting Group for the Provision of Building Inspector Services PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve the Fourth Amendment to the Agreement with Interwest Consulting Group, in the amount of $20,000, for the provision of Building Inspector Services, for a total agreement amount of $73,100. BACKGROUND: As the economy continues to improve, the Community Development Department has seen a large increase in the volume of construction throughout Temecula. At the same time, the departure of Building and Safety staff members decreased the number of building inspectors. As a result, the building inspectors are conducting up to 26 inspections per person, per day. The average wait time for an inspection increased from 24 hours to approximately 96 hours in 2013. In order to maintain high quality customer service levels, and to allow inspectors adequate time to conduct thorough inspections, the City entered into an agreement with Interwest Consulting Group on December 2, 2013 for building inspector services. Inspection wait times decreased to approximately 48 hours as a result of additional staffing resources. On January 16, February 25, and June 10, 2014 the City amended the contract to allow building inspector services to extend, decrease customer wait times, and to keep inspection levels at industry standards. FISCAL IMPACT: There are sufficient funds in account 001.162.999.5248 (Consulting Services) to cover the $20,000 Amendment to the Agreement. ATTACHMENTS: Fourth Amendment FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND INTERWEST CONSULTING GROUP BUILDING INSPECTOR SERVICES THIS FOURTH AMENDMENT is made and entered into as of August 12, 2014 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Interwest Consulting Group, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 This Amendment is made with the respect to the following facts and purposes: a. On December 2, 2013, the City and Contractor entered into that certain Agreement entitled "Agreement for Building Inspector Services," in the amount of $15,000. b. On January 16, 2014, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Building Inspector Services," to add scope of work, and increase the payment in the amount of $14,900. c. On February 25, 2014, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Building Inspector Services," to add scope of work, and increase the payment in the amount of $12,000. d. On June 10, 2014, the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for Building Inspector Services," to add scope of work, extend the term of the Agreement to December 31, 2014, and increase the payment in the amount of $11,200. e. The parties now desire to add scope of work, increase the payment in the amount of $20,000, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FOURTH Amendment amount shall not exceed twenty thousand dollars ($20,000), for additional Building Inspector Services for a total Agreement amount of seventy three thousand one hundred dollars ($73,100). 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INTERWEST CONSULTING GROUP (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Terry Rodriguez, CEO ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Debbie Thorson, CFO Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Interwest Consulting Group Attn: Tim D'Zmura 15061 Springdale Street Suite #205 Huntington Beach, CA 92649 tdzmura@interwestgrp.com 714.899.9039 2 PM Initials Date: ATTACHMENT A November 23, 2013 Mr. Patrick Richardson, Director of Community Development City of Temecula 41000 Main St. Temecula, CA 92590 INTIRWI$T CONSULTING GROUP RE: Proposal to Provide Building Inspection Services Mr. Richardson: Thank you for contacting lnterwest Consulting Group to provide Building Inspection Services. We are excited about the opportunity to serve the City of Temecula Building & Safety Department. We are very aware of the challenges and requirements for municipal governments since many of our staff have held senior and executive management positions within numerous California cities. Our staff includes former Building Officials, Public Works Directors, City Engineers, Capital Projects Managers and Construction Managers. This background and experience is important since serving in the capacity of the "owner", especially local agencies, requires a high level of sensitivity towards community and special interest group issues. Accordingly, our professional staff truly understands and values the importance of maintaining a focus on representing the interests of our public agency clients in a manner which reflects positively on the cities we serve. For this assignment, we propose Mark Carlson to serve as Senior Building Inspector at an hourly rate of $70. Overtime, weekend and emergency call out work (minimum of 4 hours) will be billed at an hourly rate of $100. Additional terms for this assignment are proposed as follows: • City will provide basic office space, computer and associated office supplies. • lnterwest will supply inspector with necessary equipment to perform building inspection services. • City will provide inspector with a vehicle for use while performing inspections. • Rate is subject to change each July 1. All services will be coordinated and directed out of our Los Angeles office with contact information listed below. Tim D'Zmura PE, CBO, AICP 15061 Springdale Street, Ste 205 Huntington Beach, CA 92649 714.899.9039 Office 714.899.9146 Fax 714.625.5840 Mobile tdzmura@interwestgrp.com Please feel free to contact me if you have any questions regarding this proposal. Thanks again and we look forward to this assignment. Sincerely, Tim D'Zmura, PE, CBO, ACIP Municipal Services Director 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: August 12, 2014 SUBJECT: Professional Services Agreement with LaBelle Marvin, Inc. for Citywide Slurry Seal Fiscal Year 2014-15, PW14-06 PREPARED BY: Avlin Odviar, Senior Engineer- CIP Kendra Hannah-Meistrell, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Approve the Agreement for professional services with LaBelle Marvin, Inc., in the amount of $60,085, for material testing services for Citywide Slurry Seal Fiscal Year 2014-15, PW 14-06; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $6,008.50, which is equal to 10% of the agreement amount. BACKGROUND: On July 22, 2014, the City Council awarded a construction contract for the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06. The purpose of the subject professional services agreement is to provide the necessary material testing for the project. Material testing is required throughout the placement of the slurry seal for quality control and quality assurance. LaBelle Marvin, Inc. is the only known laboratory in the area that performs the required slurry seal tests. These tests ensure the material used for the project conform to the project specifications. LaBelle Marvin, Inc. has the ability to perform all of the required material testing for the project, including the calibration tests on the slurry seal trucks. LaBelle Marvin, Inc. has extensive experience in material testing services and has performed material testing services for the City's slurry seal projects in prior years. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2014-15 Measure A Fund of the operating budget for the agreement amount of $60,085 plus the 10% contingency amount of $6,008.50, for a total encumbrance of $66,093.50. ATTACHMENT: Professional Service Agreement with LaBelle Marvin, Inc. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND LABELLE MARVIN,INC. MATERIAL TESTING SERVICES FOR CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PW14-06 THIS AGREEMENT is made and effective as of August 12, 2014, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and LaBelle Marvin, Inc., a California 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 August 12, 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. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 1 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed SIXTY THOUSAND EIGHTY FIVE DOLLARS ($60,085) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. 2 b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. 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. 3 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million 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. 4 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. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 5 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 LaBelle Marvin, Inc. Attn: Steven R. Marvin 2700 S. Grand Avenue Santa Ana, CA 92705-5404 6 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 7 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LaBelle Marvin, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Steven R. Marvin, President ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Mary Might, Secretary, Treasurer Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 (714) 546-3468 (714) 546-5841 fax smarvin@labellemarvin.com 9 PM Initials: D g Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: • ANALYSIS • DESIGN tahIeIIe • Atarvin PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION July 24, 2014 City of Temecula C/O Kendra Hannah-Meistrell Public Works Department 41000 Main Street P.O. Box No. 9033 Temecula, California 92589-9033 Attn: Ms. Hannah-Meistrell • SOILS, ASPI L\I TECHNOLOGY LaBelle -Marvin, Inc. is pleased to present the following cost proposal for materials testing services relative to the FY 2014/2015 Citywide Slurry Seal Program (PW 14-06). Assume Twenty Five (25) days of production. Assume three trucks used for production. (Two samples per truck per day. Test one per truck, hold second.) Daytime prevailing wage rates applicable. RPMS operations: LaBelle Marvin will confirm that the rubberized polymer modified aggregate slurry seal complies with project specifications in accordance with the specification as outlined within SSPWC sections 203-5 and 302-4. Bulk samples of the finished product will be sampled at a rate of two samples per truck for each day. Aggregate samples will be sampled once daily and tested for aggregate gradation and sand equivalent. Bulk samples of the completed mixture will be tested for total moisture content, residual binder content, % emulsion, wet track abrasion loss, and consistency at a rate of one sample per truck per day - hold second for further testing if necessary. Additional emulsion testing available upon request. Production Testing Technician/Sampling 50 Hours @ $80 $4,000.00 150 Hours @ $110 $16,500.00 % Moisture 100 @ $40 $4,000.00 Extraction, % Residual Asphalt 75 @ $245 $18,375.00 Aggregate Gradation 25 @ $110 $2,750.00 Sand Equivalent 25 @ $110 $2,750.00 Cook Off, (Emulsion) 3 @ $170 $510.00 W.T.A.T. 75 @ $120 $9,000.00 Subtotal $57,885.00 2700 S. GRAND AVENUE • SANTA ANA, CA 92705-5404 • (714) 546-3468 • FAX (714) 546-5841•••••••) INFO@LABELLEMARVIN.COM 11 Page 2 Slurry Proposal City of Temecula PW 14-06 July 24, 2014 Office Support Report Preparation/Typing 25 Hours @ $70 Principal Engineer 2 Hours @ $225 $1,750.00 $450.00 Subtotal $2,200.00 Grand Total $60,085.00 Requested additional laboratory tests for hold samples not included in this cost estimate. Charges would be for actual services performed at the above stated rates in accordance with our current Schedule of Fees. The opportunity to present this proposal for services is sincerely appreciated and should you have any questions, kindly call. Very truly yours, n Thomas S. Williams Lab & Field Supervisor TSW:mm Enclosure I,aBIeIIe ®�t it vhi 12 EXHIBIT B Payment Rates and Schedule 13 Schedule of Fees Effective: November 1, 2012 PROFESSIONAL SERVICES Principal Engineer $225.00 /hr Project Engineer $175.00 /hr Engineering Staff $145.00 /hr Laboratory & Field Technician $80.00 /hr prevailing wage $110.00 /hr with Nuclear Gauge $100.00 /hr prevailing wage $130.00 /hr (A mileage charge of $0.60 shall apply for all travel to and from jobsites and/or meetings) EXPERT WITNESS Preparation for Court Appearances and/or Deposition $325.00 /hr Deposition and/or Court Appearance $450.00 /hr OFFICE SERVICES Computer Compilation of FWD Data $145.00 /hr Report Preparation / Typing $70.00 /hr Drafting $145.00 /hr LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 14 -2 - BASIS OF CHARGES MINIMUM HOURLY CHARGES Show -up time and no inspection performed or failure to cancel before 3:30 p.m. on the previous working day, two hours; one to four hours, four hour minimum; four to eight hours, eight hour minimum. Hourly charges will be on a portal to portal basis. REGULAR TIME First eight hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. OVERTIME Over eight hours worked in one day (Monday through Friday), work before 7:00 a.m. and after 5:00 p.m., Saturdays and Sundays, time and a half will be charged. Double time and a half will be charged for work performed on holidays. Special schedule nighttime field work between the hours of 6:00 p.m. and 6:00 a.m. will be subject to a 25% premium of the Regular Time hourly rate. SUBSISTENCE Where location of work demands, a subsistence will be charged on a pre -arranged rate prior to commencement of inspection and/or testing service. OUTSIDE SERVICES AND REIMBURSABLE EXPENSES Outside services and reimbursable expenses such as rental of special equipment, fabrication of special test apparatus, long distance phone calls, plane fares and car rental will be charged at cost plus fifteen percent. REPORT A maximum of two copies of the report will be issued to the client for distribution. Copies of report in excess of two will be provided and charged at our normal hourly Report Preparation rate. LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 15 -3 - SPECIAL SERVICES DEFLECTION TESTING Falling Weight Deflectometer with Operator (full-day) $3,500.00 Falling Weight Deflectometer with Operator (half-day) $2,500.00 Mobilization and Travel Falling Weight Deflectometer with Operator $200.00 /hr GROUND PENETRATING RADAR Ground Penetrating Radar with Operator (full-day) $3,500.00 Ground Penetrating Radar with Operator (half-day) $2,500.00 Mobilization and Travel Ground Penetrating Radar with Operator $200.00 /hr SKID TESTING (ASTM E 670-94) By Quote CORING (half-day minimum) $160.00 /hr Traffic Control (technician and additional truck) $125.00 /hr Special Traffic Control / Lane Closure By Quote PLUS: Asphalt Concrete - Per Cored Inch $8.00 Portland Cement Concrete - Per Cored Inch $10.00 Core Trimming - Per Cut $25.00 PROFILOGRAPH TESTING Profilograph with Operator - Portal to Portal $200.00 /hr Data Analysis $145.00 /hr LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 16 -4 - CONSTRUCTION MATERIALS GENERAL This price has been condensed for your convenience. The cost of additional tests will be furnished upon request. A preparation charge will be added to all samples submitted to our laboratory that are not ready for testing. This preparation charge will be based on the actual time required at the Laboratory Technician's rate per hour. AGGREGATES, SOILS AND AGGREGATE BASE Sieve Analysis, Coarse ASTM C136 or CA 202-C $90.00 Sieve Analysis, Fine (including wash) ASTM C136 or CA 202-C Specific Gravity, Bulk SSD, Coarse ASTM 0127 or CA 206 Specific Gravity, Fine ASTM 0128 or CA 207 Absorption: Coarse, ASTM C127 or CA 206 Fine, ASTM C128 or CA 207 Sand Equivalent (average of three) ASTM D2419 or CA 217 $110.00 $100.00 $160.00 $90.00 $130.00 $110.00 Durability Factor, Coarse or Fine ASTM D3744 or CA229 $160.00 Cleanness Value CA227 $160.00 Los Angeles Rattler, ASTM C131 or CA 211 $390.00 Unit Weight, ASTM C29 or CA 212 $100.00 Hydrometer Analysis, ASTM D422 or CA 203 $220.00 Plasticity Index, ASTM D 4318 or CA 204 $180.00 LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 17 -5 - Maximum Density and Optimum Moisture ASTM D1557 or CA 216 $210.00 R -Value, ASTM D2844 or CA 301 $250.00 Lime Treated $330.00 California Bearing Ratio (CBR) ASTM D 1883* $500.00 (One Point $225.00) Lime Treated* $600.00 *Maximum Density/Optimum Moisture not included pH - Per Determination ASTM C 977 pH — Eades & Grimm $120.00 $230.00 Unconfined Compression (sample preparation not included) $85.00 Crushed Particle, CA 205 $135.00 Flat & Elongated Particle, ASTM D4791 $215.00 Angularity $190.00 Moisture Content CA 226 or ASTMD 2216 $40.00 Subgrade Density (drive tube) ASTMD 2937 $100.00 STABILIZED SOILS AND AGGREGATE Emulsion, Cement or Lime Stabilization Investigation Investigation, Design, Specifications and Quality Control PORTLAND CEMENT CONCRETE By Quote By Quote Flexural Strength ASTM C293 or CA 523 $105.00 ASPHALT CONCRETE LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 18 -6 - Asphalt Concrete Mix Design, Marshall Stability (one aggregate plus one asphalt) By Quote Hveem Stabilometer Method (one aggregate, plus one asphalt) By Quote Stability Tests - Pre -mixed or Cored: Hveem (S -Value) ASTM D1560 and D1561, or CA 304 and 366 $275.00 Moisture Vapor Susceptibility, CA 307 $300.00 Swell, CA 305 $190.00 Combined Marshall and Retained Stability $400.00 Maximum Laboratory Density - Pre -mixed or Cored: Marshall or Hveem $210.00 Maximum Theoretical Unit Weight (Rice Gravity) ASTM D2041 $130.00 Tensile Strength Ratio (TSR) $750.00 with Freeze/Thaw $800.00 Tensile Strength Ratio (TSR — CT 371) $1775.00 Extraction, % Asphalt CA 310 $300.00 Binder Content - Ignition Oven, CA 382 $245.00 Extraction, % Asphalt (Reflux) ASTM D2172 $245.00 % Rubber $100.00 Extraction, % Asphalt Recovery (Abson Method) ASTM D 2172 and ASTM D 1856 $350.00 Gradation of Extracted Aggregate (including wash) CA 202 or ASTM C136$110.00 Density and Thickness on Core Samples ASTM D1188, ASTM D2726 and ASTM D3549 or CA 308 $60.00 LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 19 -7 - Stripping (pre -mixed sample) ASTM D1664 or CA 302 $125.00 Permeability, VDOT $225.00 ASPHALT CEMENT R.T.F.C., ASTM D2872 or CA 346 $290.00 R.T.F.C., ASTM D2872 or CA 346 with Loss on Heating $350.00 Absolute Viscosity @ 140F° (60C°), Poise, ASTM D2171 $180.00 Haake Viscosity (Caltrans LP 11) $180.00 Kinematic Viscosity @ 275F° (135C°) or 140F° (600°), cSt, ASTM D2170 $180.00 Penetration @ 77F° (2500), 100g/5 sec., ASTM D5 $100.00 Penetration After Treatment with Rejuvenating Agent $130.00 Ductility @ 77F° (25C°), cm., ASTM D113 $270.00 Flash Point, COC or Pensky-Martens ASTM D92 or ASTM D93 $170.00 Softening Point, ASTM D36 $170.00 Solubility in Trichloroethylene, %, ASTM D2042 $200.00 Spot Test, AASHTO T 102 $150.00 Specific Gravity, ASTM D70 $130.00 LIQUID ASPHALT Viscosity SSF @ 77F° (250°), sec., ASTM D244 $175.00 Viscosity SSF @ 122F° (500°) $200.00 Settlement Five or Seven Day, %, ASTM D244 $440.00 Demulsibility, ASTM D244 $130.00 Particle Charge, ASTM D244 or CA 343 $160.00 LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 20 -8 - pH Determination $120.00 Sieve Test, %, ASTM D244 $115.00 Stripping (pre -mixed sample) ASTM D1664 $115.00 Cement Mixing Test, ASTM D244 $170.00 Distillation and Percent Oil Determination ASTM D402 or ASTM D244 $330.00 Residue by Evaporation Cook -Off or CA Method 330, CA 331 $170.00 Wet Track Abrasion Test (WTAT) ASTM D 3910 (sample preparation not included) $120.00 Storage Stability, One Day, ASTM D244 $440.00 Float Test, ASTM D139 and ASTM D244 $120.00 Cone Penetration, ASTM D243 and D5 $120.00 Solids Content by Muffle Oven Burn -Off AASHTO T 267 $150.00 Non Volatile Components $110.00 LaBelle -Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714-546-3468 (P) 714-546-58.41 (F) 21 Item No. 12 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: August 12, 2014 SUBJECT: Temporary Street Closures for 2014 Autumnfest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2014 Autumnfest Events: SATURDAY NIGHT MOVIE CLASSICS TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL HEALTH & COMMUNITY RESOURCE FAIR/SALUTE TO HEROES TEMECULA VALLEY CENTURY RIDE KOMEN RACE FOR THE CURE GREEK FESTIVAL BACKGROUND: Six special events scheduled during the months of August, September and October of 2014 necessitate the physical closure of all or portions of certain streets within the Old Town area and surrounding the Promenade Mall. The closures are necessary to facilitate the events and to protect participants and viewers. The six events and associated street closures are as follows: 1. SATURDAY NIGHT MOVIE CLASSICS - August 16th and August 23rd The Saturday Night Movie Classics will be held in the Town Square Park with the street closures scheduled as follows: Main Street - from the easterly driveway edge of 28636 4:00 p.m. to 11:00 p.m on Saturday, August 16th and 23rd Old Town Front St. (Rosa's Cantina) to Mercedes St. Mercedes Street — between Fourth Street and Third 4:00 p.m. to 11:00 p.m on Saturday, August 16th and 23rd Street 2. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL - September 17th to September 21st The Film & Music event will spotlight the work of outstanding independent filmakers and musicians. The event will be held in the Town Square Park and Civic Quad with street closures scheduled as follows: Main Street - from the easterly driveway edge of 28636 7:00 p.m. on Wednesday, September 17th to 11:00 p.m. on Sunday, September 21st Old Town Front St. (Rosa's Cantina) to Mercedes St. Mercedes Street — between Fourth Street and Third 7:00 p.m. on Wednesday, September 17th to 11:00 p.m. on Sunday, September 21St Street 3. HEALTH & COMMUNITY RESOURCE FAIR/SALUTE TO HEROES — September 26th to September 28th The Health Fair/Salute to Heroes event will include a health and community resource fair, evening glow fair to honor heroes and a bicycle race. The event will be held in the Town Square and Civic Quad with street closures as follows: Main Street - from the easterly driveway edge of 28636 8:00 a.m. on Friday, September 26 to 8:00 a.m. on Sunday, September 28th Old Town Front St. (Rosa's Cantina) to Mercedes St. Mercedes Street — between Fourth Street and Third 8:00 a.m. on Friday, September 26th to 8:00 a.m. on Sunday, September 28th Street 4. TEMECULA VALLEY CENTURY RIDE — October 10th to October 11th The Temecula Valley Century Ride includes a bike ride event featuring a concert on Friday night, bicycle ride at various distances in and around Temecula, a bike and health expo and a beer & wine garden. The event will be held in the Town Square, Civic Quad and Old Town, with street closures as follows: Main Street - from the easterly driveway edge of 28636 8:00 a.m. on Friday, October 10th to 10:00 p.m. on Saturday, October 11th Old Town Front St. (Rosa's Cantina) to Mercedes St. Mercedes Street — between Fifth Street and Third 5:30 a.m. to 9:30 a.m. on Saturday, October 11th Street Mercedes Street — between Fourth Street and Third 5:30 a.m. to 10:00 p.m. on Saturday, October 11th Street 5. KOMEN RACE FOR THE CURE - October 19th The Susan G. Komen Breast Cancer Foundation will be holding the 2014 Komen Race for the Cure event scheduled for Sunday, October 19, 2014. The Komen Race for the Cure is a walk- athon event that necessitates full and partial street closures to facilitate the event and to protect participants. The roads affected are within and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. The affected public streets, including Winchester Road and Margarita Road, will require partial closures on the event date. Certain private roads, including the Mall Ring Road, will also be partially closed for the event. Provisions for traffic movement along the race route, both major traffic routes, abutting streets, and neighboring residences and businesses have been reviewed and revised to meet traffic concerns during the proposed event period. The race route starts on the Mall Ring Road between Macy's North and JC Penny; and then proceeds as follows: East on Mall Ring Road North on Promenade Mall West East on Winchester Road South on Margarita Road West on Nicole Lane East on Overland Drive North on Margarita Road West on North General Kearney Road North on Mall Ring Road, to the finish line located in the parking lot at JC Penny All north and south bound lanes of Margarita Road between North General Kearney Road and Overland Drive will be closed to traffic to allow for adequate space for participants to maneuver back north on Margarita Road (all as shown on the approved detour route attached). Georgetown Lane access to Margarita Road will be closed. Residents living in the Woodcrest Development that normally use Georgetown Lane to exit their neighborhood will be detoured to Solana Way via Rycrest Drive. Vehicular access to southbound Margarita Road from North General Kearney Road will be prohibited. Residents and church parishioners from the Campos Verdes neighborhood will still have northbound access to Margarita Road from North General Kearney Road. Affected residents and churches within the Woodcrest and Campos Verdes will be notified by mailings of the detours. Event organizers will be available to respond to any resident concerns or questions. The following summarizes the extent of street closures for Sunday October 19, 2014. The road closures are from 5:00 a.m. to 2:00 p.m.: Winchester Road Ynez Road to Margarita Road. The two eastbound lanes closest to the south curb will be closed. Margarita Road Winchester Road to Solana Way. The two southbound lanes will be closed. The portion of Margarita Road between North General Kearney Road and Overland Drive will be fully closed. Overland Drive Margarita Road to Nicole Lane Nicole Lane Margarita Road to Overland Drive. The west and northbound Nicole Lane lanes will be closed. N. General Kearney Road (Private portion) Margarita Road to the Mall Ring Road. Mall Ring Road (Private Street) North General Kearney Road to Promenade Mall West. Campos Verdes Lane (Private Street) Margarita Road to Mall Ring Road. Promenade Mall East (Private Street) Winchester Road to the Mall Ring Road. Promenade Mall West (Private Street) Winchester Road to the Mall Ring Road. Georgetown Lane Access to and from Margarita Road for Georgetown Road will be closed. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments. The approved traffic control plan is on file with the Director of Public Works and available for review. The basic course for the Race for the Cure is attached hereto as Exhibit "B". 6. GREEK FESTIVAL — October 24th to October 27th The Temecula Greek Festival will consist of Greek food, culture, music and dancing, wine and beer, and an area for children. The event will be held in the Town Square and Civic Quad with street closures as follows: Main Street - the easterly driveway edge of 28636 Old 12:00 p.m. on Friday, October 24th to 7:00 a.m. on Monday, October 27th Town Front St (Rosa's Cantina) to Mercedes St Mercedes Street - Fourth Street to Third Street 12:00 p.m. on Friday, October t24th to 7:00 a.m. on Mon, October 27 Street closures for the following five events at the Town Square Park are shown on Exhibit "A" attached hereto: 1. Saturday Night Movie Classics 2. Temeula Valley International Film & Music Festival 3. Health & Community Resource Fair/Salute to Heroes 4. Temecula Valley Century Ride 5. Greek Festival Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right-of-way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services, as well as services provided by the Department of Public Works, Maintenance Division (including placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget. ATTACHMENTS: 1. Exhibit 'A' - Location Map — Town Square Park — 5 Events 2. Exhibit 'B' - Location Map — Komen Race for the Cure AUTUMN FEST STREET CLOSURES - 2014 (MAIN STREET AND MERCEDES STREET) * SATURDAY NIGHT MOVIE CLASS/CS - AUGUST /6 & 23 * INTERNATIONAL FILM & MUSIC FESTIVAL - SEPT /7 - 2/ * COMMUN/ T Y RESOURCE FAIR/SALUTE TO HEROES - SEPT 26 - 28 * TEMECULA VALLEY CENTURY RIDE - OCTOBER /0 - 11 * GREEK FES TI VAL - OCTOBER 24 - 27 LEGEND STREET CLOSURE BARRICADE EXHIBIT 'A 014 A1M Y114'.i riSLW SUSAN G. KOMEN RACE FOR THE CURE C� C 1 _ PO TypHAI NOTES IC CONTROL DBVICFS SHALL CORFORM TO IRE LATEST EDI TION OE THE CALIFORNIA MANUAL ON UNTRAFFIC CONTROL DENCES (2006 CALPORNIA uiLO) ACISPECIFICATIONS LI 2 EHEY ENGINEER 00 H SREPRESENTA FIVE NAST WORKS AUTHORITYA TO 1NITT_ TIFLD t5 10 1101110 OVIA1 WO. 3 All 11MV1C 10111010 L1 VCAS Nan 11111Wa11 FROM VIEW NHEN NOT IN USE 0. 1401t 1491/1114 !MAI AI .IY..04.0.1T1C101 11 i.1[ IXIAS1' BETWEEN 13 30 AM AND 3'.10 EN NIGHT N[0115SPI, 1. 111011 110EMYM 4/W ‘1.1011.311111).46OIIEI0 5.00RWISEWAm, SUNDAYWORn DIRWOI THURSDAY 5MUST BE BACK FILLED CR PLATED OURiNG NON-WORKING HOURS PEDES RIAN CONTROLS S1 FRONDED ASAN ON THE ANS TEMPORARY "NO PARK NG!ASGNS WLI OE POSTED 24 HOURS PRIOR 10 COMMENCING WORK ACCESS TO DRIVEWAYS N1LL Ht MAINTAINED AT ALL TIMES UNLESS OTHER ARRANGEMENTS ARE MADE 9 THE CONTRACTORSAOATH° 24 HOURS, GN ALL 1RAFT IC SIAL LOW DETECTORS DAMAGED DURING CONSTRUCTION. O 10 THE CONTRACTOR SHALL DEP.ACE YPTHIN 24 HOURS, ALL SRIPING REMOVED OR DAMAGED BY CONSTRUCTION WORK (SNIPING MAY DE REPLACED IT MPONAR.LY 1 ALL WORKERS SHALL BE EQUIPPED YAM AN ORANGE VES1 (ORA REFLECTIVE VEST A IL NIGHT). ALL ELAGCERS SHAI L ALSO BE EOUPPED WRI A HAND HAT, C28 STOP/SLOW PADDLE ANO SHALL BE TRAINED IN THE PROPER FUNDAMENTALS OF FLAGGING TRFFI 12 ANY NOIR T1 AT DISTURBS NORMAL TRAFFIC VGNAL OPERA T1ONS SHALL BE COORw VAIN - EMEL DINSION 48 HOURS PRIOR ro LIFGINNINGCONSTRUCTION coNTACE THE CITY'SD DIVS. Al (951) 94-6411 100 THE CON TRACTOR SHALL MAINTAINFVCES 24 HOURS PER DAY / DAYS PER yIEEK 14 A 111510» IA 111174 on PC01 1110M1 t 410.5? 11 M IIMI11 UNLESS 011.11,11.10/013K11.11,.. 11C 1‘E14h1 tl IA1h4MW6 15 104 1011..1 dak4 TOL 4[15!41 WAIN° 30.4.100.u. (*aW 14410SM01TMENT OF MANX Blru< 0191I CLOAKS 11010 010.04310..50.0 40r".11115. AAO I0AIFC 941116 V0tCA1Wts 41..1500[0 YT10.1,110.110T5TAX TION ACBMTES WLL 1811110 M1W0 400 59 IN MARCO AT MAO55 %t35,111 !11.1Nµ1 111 ° CONSTRUCTION IRA 1N A SOLAR OA£RCD FL ASKING ARROW ROAN° SHALL 3E REWIRED ON ALL ARTERIAL STREIT IAN( CLOSURES `V* 110 YANKING PROMENADE MALL IC .[ILIMIL ARGA5IA 49M1 e�2 it -- W4°,3%; n man! $0.CLOSED41111rauH 1040) 04005. RR011.0.411190. 100111 Aypl1NUI1 N41I W.Ym111n WI LFA$ III BARRICADE AND POSTED 14 DAYS PRIOR TO EVENT AT LOCATIONS SHOWN ASmY nam 4t411 NM 111 wrPorl 1110 1104 M, 7... EXHIBIT B' ITOF •rbM cv; a . FIeM � wceU fELTux LD11.102C0 CITY OF 7'EMECULA REPARTMFNT 1001010 maws SUSAN G. KOMEN RACE FOR THE CURE TRAFFIC CONTROL PLAN a 0 PROMENADE MALL SUSAN G. KOMEN RACE FOR THE CURE Mr 4 Ai! :Lir__ 4 , „,‘ 4 ga viol .} ^ _ il 'te ( moi,/ i ,,,,r to' vs° f�. 0 al LV ROO 111 VA , 11 41 111 O IL% -gip* tit DP• titom 1811141,7411m04 wild"...a Etlitirlut474$11.°Wilin*rET is,i 11, OVERLAND DRIVE 6 �d Irtaostit Oft 4i a g Ph I #4 fp, a 41e 1 ;.r ..AN,+rrma am- . r•rac ..sq,c.55, .,.:. n.wra " o,o. w �.«...�, (flY OF Tk'hiRL'U ,f. ^-:_,-- CITY OF 7'Eh(ECULA N a �•," I••�•.•, > -v G ». h, �c_..... _ a — ._w ......._ W zwv.e .�......._ r._ ° •o~ 11 II IN ,.. _ t;iF/;../ I p. SUSAN G. KOMEN RACE FOR THE CURE 2 ... +m y Po, ).21,/il ._._ NM Ct [a s 4%- kMNM.M4.4., ... 11a,TRAFFIC , CONTROL PLAN *NI 2 0t Item No. 13 Approvals City Attorney Finance Director City Manager ffizer- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: August 12, 2014 SUBJECT: Purchase and Sale Agreements and a Temporary Construction Easement in Connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project PREPARED BY: Amer Attar, Principal Engineer Paula Gutierrez Baeza, Deputy City Attorney 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 THREE AGREEMENTS FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS AND A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT 2. Authorize the City Manager to approve and execute any necessary documents, and to take all necessary actions to complete these real estate transactions, including without limitations, all escrow instructions. BACKGROUND: The Riverside County Flood Control and Water Conservation District ("District") seeks to purchase, in fee certain, portions of three City -owned parcels located in Old Town, and a temporary construction easement with a three-year term on the City -owned parcel located on the corner of Rancho California Road and Diaz Road in connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"). The District seeks to purchase the real property interests described below to construct the Phase II of the Project. Description of Project: The District has been working with the U.S. Army Corps of Engineers on the Project to reduce the potential threat of future flooding along Murrieta Creek in the Southwest area of Riverside County. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. The City is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005, between the District, the City of Temecula, and the City of Murrieta. The Project was authorized as a multipurpose flood control, ecosystem restoration and recreation project. The Project was originally anticipated to be constructed in four phases, subject to the necessary federal appropriations as follows: Phase I: Phase II: Phase III: Phase IV: Consists of a green -belt channel starting near the USGS gauging station located downstream of Old Town Temecula that extends approximately 3,000 feet upstream to First Street in Temecula. Consists of a green -belt channel starting at First Street in Old Town Temecula that extends approximately 15,000 feet upstream, to Winchester Road in Temecula. Consists of a 250 -acre stormwater detention basin, located near the confluence of Santa Gertrudis, Warm Springs and Murrieta Creeks in Murrieta. An approximate 50 -acre park and recreation area is included within the basin. Consists of a green -belt channel starting from the basin that extends approximately 19,000 feet up stream to Vineyard Parkway (formerly Tenaja Road) in the City of Murrieta. The U.S. Army Corps of Engineers and the District have completed Phase I and are currently working on completing the design and the environmental document for Phase 11. They anticipate bidding Phase II later this year. They will implement future phases of the Project when they secure the necessary funding. The Project has the following components: • It includes approximately seven miles of channel improvements to protect more than 600 single-family residences and commercial structures in the vicinity of Murrieta Creek. • It provides a riparian habitat corridor throughout the length of the project, which will promote species movement and provide connectivity to existing wildlife preserves. • It significantly enlarges the open space corridor and provides esthetic benefits. • It provides for equestrian and hiking/biking trails with connections to the active recreation site at the detention basin and to "pocket parks" along the length of the channel project. • It improves water quality through the creation of an extensive natural wetlands system that can efficiently remove contaminants from stream flows destined for Camp Pendleton's aquifer. • The detention basin (250 acres) attenuates flood flows from the over 150 square mile watershed. • It creates over 160 acres of wildlife habitat (wetland and riparian). • It reduces downstream flood flow peaks and captures sediment, benefiting the overall water quality of the watershed and Camp Pendleton. • It proposes the development of a regional sports park within the detention basin that includes several soccer fields, baseball/softball fields, a tot playground, comfort stations and picnic areas in cooperation with the Cities of Temecula and Murrieta. The Project will benefit the Project area and reduce the risk of flooding. Description of Property Interests Districts Seeks to Purchase for Phase 11: The District has extended several written offers to the City since approximately 2005. Based on the status of the Project, funding and other issues, the parties did not previously finalize the District's proposed purchase of the subject properties. Most recently, the District extended new written offers on November 8, 2012 based on the District's appraisals of the fair market value of the subject properties that used a date of value of August 24, 2012. District staff and City staff have negotiated the terms of the District's purchase of the subject properties described below, and have reached an agreement on the terms, subject to approval by the City Council. The purchase price for the subject properties is not less than the fair market value set forth in each of the District's appraisals. The District wishes to proceed with the proposed acquisition of the subject properties for Phase II and the City wishes to sell these property interests for the benefit of the community. Specifically, the District seeks to purchase the following real property interests for Phase II: 1. An approximate 741 square foot fee portion of the real property commonly known as 42081 Main Street, Temecula (APN 922 -036 -042 -District Parcel 7021-18B), which is improved with the Children's Museum. The District will pay to the City the purchase price of $42,200 through escrow. The purchase price includes the District's fair market value of District Parcel 7021-18B and improvements located in the 741 square foot area. The acquisition of District Parcel 7021-18B does not impact the parking on the parcel. 2. An approximate 4,117 square foot fee portion of the real property commonly known as 28601 Front Street, Temecula (APN 922 -036 -037 -District Parcel 7021- 18C1), which is improved with the Old Town Temecula Community Theater. The District will pay to the City the purchase price of $21,000 through escrow. The purchase price includes the District's fair market value of District Parcel 7021- 18C1 and the cost of replacement of certain landscaping and irrigation improvements, including shrubs, groundcover, gate valves and irrigation lines that the construction of the Project will impact. The acquisition of District Parcel 7021-18C1 does not impact the parking on the parcel. 3. An approximate 19,452 square foot (0.45 acre) fee portion of the real property commonly known as 28640 Pujol Street, Temecula (APNs 922-053-020 and - 021 -District Parcel 7021-18D), which is a vacant lot. The District will pay to the City the purchase price of $53,200 through escrow. The purchase price includes the District's fair market value of District Parcel 7021-18D. 4. A temporary construction easement and right of entry with a three-year term on the approximate 3.64 -acre vacant City -owned parcel located at the northwest corner of Old Diaz Road and Rancho California Road and the northeast corner of Diaz Road and Rancho California Road, and identified as Riverside County Assessor's Parcel Number 921-020-089. This parcel is identified by the District as District Parcel 7021-33T. Pursuant to the terms of the Temporary Construction Easement and Right of Entry Agreement, the District will pay to the City the purchase price of $118,000 within ten business days of the Effective Date of the Temporary Construction Easement and Right of Entry Agreement as the total monetary consideration for the District's use of the temporary construction easement and right of entry. The District will replace with material of like kind and quality any improvements, landscaping and irrigation located on District Parcel 7021-33T that are damaged as a result of the District's construction of the Project. The District will also install and maintain a 6 -foot chain-link fence with privacy screens around District Parcel 7021-33T five business days before it commences its use of the temporary construction easement. The District will maintain said fence during the term of the temporary construction easement. Further, the Agreement requires the District to keep the public right of way free of debris and dirt in connection with its use of the temporary construction easement and will install a gravel and metal entrance and exit area for said parcel in connection with its use of the temporary construction easement. The purchase price is not less than the District's appraisal of the fair market value of the temporary construction easement and right of entry. FISCAL IMPACT: The City will receive a total of $234,400 from the sale of the above subject properties and the Temporary Construction Easement: • Portions of APN 922-036-042 (Childrem's Museum) $ 42,000 • Portions of APN 922-036-037 (Theater) $ 21,000 • Portions of APNs 922-053-020 & 021 (vacant) $ 53,200 • Temporary Construction Easement (APN 921-020-089) $118,000 ATTACHMENTS: 1. Resolution 2. Agreement for Sale and Purchase (Portions of APN 922-036- 042; District Parcel 7021-18B) 3. Agreement for Sale and Purchase (Portions of APN 922-036- 037;District Parcel 7021-18C1) 4. Agreement for Sale and Purchase (Portions of APNS 922-053- 020 ad 922-053-021; District Parcel 7021-18D) 5. Temporary Construction Easement and Right of Entry Agreement (APN 921-020-089; District Parcel 7021-33T 6. Map of Areas to be Acquired 7. Map of the Temporary Construction Easement Area RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THREE AGREEMENTS FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS AND A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. Pursuant to Government Code section 37350, the City is authorized to purchase, lease, receive, hold and enjoy real and personal property, and control and dispose of it for the common benefit. Pursuant to Government Code section 37351, the City may control, dispose of, and convey its property for the benefit of the City. B. The City is a local participant of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project") pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. The Riverside County Flood Control and Water Conservation District ("District") has been working with the U.S. Army Corps of Engineers on the Project. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. C. The Project was authorized as a multipurpose flood control, ecosystem restoration and recreation project. The Project is in the public interest and necessity and will benefit the community because it seeks to reduce the risk of flooding along Murrieta Creek in the Southwest area of Riverside County. The Project was authorized as a multipurpose flood control, ecosystem restoration and recreation project. The Project was originally anticipated to be constructed in the following four phases, subject to the necessary federal appropriations: • Phase I —Consists of a green -belt channel starting near the USGS gauging station located downstream of Old Town that extends approximately 3,000 feet upstream to First Street in Temecula. • Phase II — Consists of a green -belt channel starting at First Street in Old Town that extends approximately 15,000 feet upstream, to Winchester Road in Temecula. • Phase III - Consists of a 250 -acre stormwater detention basin, located near the confluence of Santa Gertrudis, Warm Springs and Murrieta Creeks in Murrieta. An approximate 50 -acre park and recreation area is included wihtin the basin. • Phase IV - Consists of a green -belt channel starting from the basin that extends approximately 19,000 feet up stream to Vineyard Parkway (formerly Tenaja Road) in the City of Murrieta. D. The District seeks to purchase the property interests described below from three City -owned parcels located in Old Town to construct Phase II of the Project: 1. The District seeks to purchase an approximate 741 square foot fee portion of the real property commonly known as 42081 Main Street, Temecula (APN 922 -036 -042 -District Parcel 7021-18B), which is improved with the Children's Museum. Pursuant to the attached Agreement for Sale and Purchase of Real Property and Joint Escrow Instructions Between Riverside County Flood Control and Water Conservation District and the City of Temecula (Portions of APN 922-036-042), the District will pay to the City the purchase price of $42,200 through escrow. The purchase price for the approximate 741 square foot parcel identified as District Parcel 7021-18B is not less than the District's appraisal of the fair market value of this parcel. The sale of District Parcel 7021-18B to the District will not impact the parking on this parcel. 2. The District seeks to purchase an approximate 4,117 square foot fee portion of the real property commonly known as 28601 Front Street, Temecula (APN 922 -036 -037 -District Parcel 7021-18C1), which is improved with the Old Town Community Theater. Pursuant to the attached Agreement for Sale and Purchase of Real Property and Joint Escrow Instructions Between Riverside County Flood Control and Water Conservation District and the City of Temecula (Portions of APN 922-036- 037), the District will pay to the City the purchase price of $21,000 through escrow. The purchase price for the approximate 4,117 square foot parcel identified as District Parcel 7021-18C1 is not less than the District's appraisal of the fair market value of this parcel, and includes payment for the cost of replacement of certain landscaping and irrigation improvements, including shrubs, groundcover, gate valves and irrigation lines impacted by the Project. The sale of District Parcel 7021-18C1 to the District will not impact the parking on this parcel. 3. The District seeks to purchase an approximate 19,452 square foot (0.45 acre) portion of the real property commonly known as 28640 Pujol Street, Temecula (APNs 922-053-020 and -021-District Parcel 7021-18D), which is a vacant lot. Pursuant to the attached Agreement for Sale and Purchase of Real Property and Joint Escrow Instructions Between Riverside County Flood Control and Water Conservation District and the City of Temecula, as Successor to the Housing Assets of the Temecula Redevelopment Agency (Portions of APNs 922-053-020 & 922-053-021, the District will pay to the City the purchase price of $53,200 through escrow. The purchase price for the approximate 19,452 square foot (0.45 acre) parcel identified as District Parcel 7021-18D is not less than the District's appraisal of the fair market value of this parcel. E. The District also seeks to purchase from the City a temporary construction easement with a three-year term on the approximate 3.64 -acre vacant City -owned parcel located at the northwest corner of Old Diaz Road and Rancho California Road and the northeast corner of Diaz Road and Rancho California Road, and identified as Riverside County Assessor's Parcel Number 921-020-089 to facilitate the construction of Phase II. The 3.64 -acre parcel is identified by the District as District Parcel 7021- 33T. Pursuant to the terms of the attached Temporary Construction Easement and Right of Entry Agreement Between Riverside County Flood Control and Water Conservation District and the City of Temecula (APN 921-020-089), the District will pay to the City the purchase price of $118,000 within ten business days of the Effective Date of the Agreement as the total monetary consideration for the District's use of the temporary construction easement. The District will replace with material of like kind and quality any improvements, landscaping and irrigation located on District Parcel 7021-33T that are damaged as a result of the District's construction of the Project. The District will also install and maintain a 6 -foot chain-link fence with privacy screens around District Parcel 7021-33T five business days before it commences its use of the temporary construction easement. The District will maintain said fence during the term of the temporary construction easement. Further, the Agreement requires the District to keep the public right of way free of debris and dirt in connection with its use of the temporary construction easement and will install a gravel and metal entrance and exit area for said parcel in connection with its use of the temporary construction easement. The purchase price is not less than the District's appraisal of the fair market value of the temporary construction easement. Further, the Agreement requires that, on expiration of the term of the temporary construction easement, the District take such actions as the City may reasonably request to evidence and give effect to the extinguishment of the District's rights in said easement. Section 2. Approval of Three Purchase and Sale Agreements and Authority of City Manager to Implement the Sale of the Properties Identified as District Parcels 7021-18B, 7021-18C1 and 7021-18D. A. The City Council of the City of Temecula finds that the conveyance to the District of District Parcels 7021-18B, 7021-18C1 and 7021-18D is for the common benefit and for the benefit of the City. The construction of the Project will benefit the community because it seeks to reduce the risk of flooding along Murrieta Creek in the Southwest area of Riverside County. Accordingly, the City Council of the City of Temecula hereby approves those certain Purchase and Sale Agreements described in Section 1.D.1, 1.D.2 and 1.D.3 above, which are attached hereto and incorporated herein by this reference (referred to collectively as "Purchase and Sale Agreements"), with such changes in the Purchase and Sale Agreements as may be mutually agreed upon by the District and the City Manager as are in substantial conformance with the form of the Purchase and Sale Agreements on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Purchase and Sale Agreements and the Grant Deeds conveying to the District the parcels described as District Parcels 7021- 18B, 7021-18C1 and 7021-18D on behalf of the City. A copy of the final Purchase and Sale Agreements, when executed by the Mayor, shall be placed on file in the Office of the City Clerk. A copy of the recorded Grant Deeds shall also be placed on file in the Office of the City Clerk. Section 3. Approval of Temporary Construction Easement and Right of Entry Agreement and Authority of City Manager to Implement the Agreement for the Property Identified as District Parcel 7021-33T. A. The City Council of the City of Temecula hereby finds that the conveyance to the District of the temporary construction easement identified as District Parcel 7021- 33T will benefit the community and facilitate the District's construction of the Project. Accordingly, the City Council of the City of Temecula approves that certain agreement entitled "Temporary Construction Easement and Right of Entry Agreement Between Riverside County Flood Control and Water Conservation District and the City of Temecula (APN 921-020-089)", with such changes in the Temporary Construction Easement and Right of Entry Agreement as may be mutually agreed upon by the District and the City Manager as are in substantial conformance with the form of the Temporary Construction Easement and Right of Entry Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Temporary Construction Easement and Right of Entry Agreement on behalf of the City. A copy of the final Temporary Construction Easement and Right of Entry Agreement, when executed by the Mayor, shall be placed on file in the Office of the City Clerk. Section 4. City Manager's Authority. A. 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 Purchase and Sale Agreements, and to administer the City's obligations, responsibilities and duties to be performed under the Purchase and Sale Agreements, including but not limited to, escrow instructions and other similar agreements and documents as contemplated by or described in the Purchase and Sale Agreements or as necessary and convenient to implement the Purchase and Sale Agreement and to effectuate the transfer to the District of the property described as District Parcel 7021-18B, 7021-18C1 and 7021-18D. The City Manager (or his designee), is further authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Temporary Construction Easement and Right of Entry Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Temporary Construction Easement and Right of Entry Agreement, including but not limited to, approval and execution on behalf of the City of any such documents that are necessary and convenient to implement the Temporary Construction Easement and Right of Entry Agreement to grant to the District the temporary construction easement with a three- year term on the parcel described as District Parcel 7021-33T. Section 5. Certification. A. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 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 12th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk APN: 922-036-042 RCFC PARCEL NO. 7021-18B PROJECT: MURRIETA CREEK PROJECT PHASE II AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA (APN 922-036-042) THIS AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS is entered into as of , 2014 by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic (hereinafter called "DISTRICT" or "Buyer") and the CITY OF TEMECULA, a municipal corporation (hereinafter called "City" or "Seller") for acquisition by Buyer from Seller of certain real property interests hereinafter set forth. RECITALS A. The District has been working with the U.S. Army Corps of Engineers on the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"), which would reduce the potential threat of future flooding along Murrieta Creek in the Southwest area of Riverside County. B. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. C. The City of Temecula is the record fee owner of that certain real property commonly known as 42081 Main Street, Temecula, and identified as Riverside County Assessor's Parcel Number 922-036-042 ("Property") pursuant to that certain Grant Deed recorded on June 13, 2014 as Document Number 2014-0218072 of Official Records of the County of Riverside. The Property, which is approximately 20,338 square feet (0.47 acre) in size, is improved with the Temecula Children's Museum. The Property is located along Murrieta Creek, within the Project area. D. The District desires to purchase in fee an approximate 741 square foot portion of the Property, which is referenced as RCFC Parcel No. 7021-18B and is described more particularly on Exhibits "A" and "B" hereto, which are incorporated herein by this reference (referred to below as the "Subject Property"). E. The Seller is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, Buyer and Seller mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, the fee interest in the Subject Property described on Exhibits "A" and "B" hereto. -1- 2. PURCHASE PRICE. The total purchase price that Buyer will pay to Seller for the Subject Property is the sum of Forty-two Thousand Two Hundred Dollars ($42,200) ("Purchase Price"). Buyer shall pay the Purchase Price to Seller in cash at the Close of Escrow. Said Purchase Price includes the fair market value of the land comprising the Subject Property and the improvements in that area. The Purchase Price is broken down as follows: 741 square feet @ $38.00 x 100% of rights acquired = $28,158.00 Improvements in Subject Area = $14,017.00 Total $42,175.00 Rounded to $42,200.00 3. TITLE AND TITLE INSURANCE. Upon the Opening of Escrow as defined below in Section 4, Chicago Title Insurance Company (the "Escrow Holder") shall obtain and issue a title commitment for the Subject Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the Subject Property, which is described above in Section 1, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). Buyer shall pay for the cost of the Policy. The Policy provided for pursuant to this Section will insure Buyer's interest in the Subject Property free and clear of all monetary liens and encumbrances, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Subject Property; b. Those non -monetary exceptions not objected to by Buyer within ten (10) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Subject Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the Subject Property will be free and clear of all monetary encumbrances. c. Taxes: Current fiscal year, including personal property tax, if any, and any further assessment thereto under Division 1, Part 0.5, Chapter 3.5 of Revenue and Taxation Code of the State of California. d. Quasi -public utility, public utility, public alley, public street easements, and rights of way of record. e. Taxes: All other taxes owed whether presently current or delinquent are to be current at the Close of Escrow. -2- 4. ESCROW. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. The City will provide a certified copy of the Agreement to Escrow Holder and the District. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a certified copy of the fully -executed Agreement. The parties shall open an escrow within five (5) business days of the date on which this Agreement is fully executed by the parties. Close of Escrow means the date on which the Grant Deed is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will be as soon as possible after the Opening of Escrow, but in no event shall the Close of Escrow be later than ninety (90) calendar days after the Opening of Escrow. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict, amend or supersede any provisions of this Agreement; this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: a. Escrow Holder shall prorate any taxes between Buyer and Seller so that Seller is responsible for any taxes up to, but not including the date of apportionment and Buyer is responsible for any taxes from, and including the date of apportionment. The date of apportionment is the earlier of the following: (i) the date on which Buyer takes possession of the Subject Property pursuant to an Agreement for Possession and Use entered into between the parties or (ii) the date of the Close of Escrow. b. Escrow Holder is authorized to and shall charge Seller the amounts needed to place title in the condition necessary to satisfy Section 3 of this Agreement, excluding any penalty for prepayment to any lien holder in compliance with Section 1265.240 of the California Code of Civil Procedure. c. Promptly upon Close of Escrow, Escrow Holder is authorized to and shall disburse all funds deposited with Escrow Holder by Buyer in payment of the Subject Property as follows: (i) deduct or credit all items chargeable to the account of Seller and/or Buyer pursuant to the provisions herein; (ii) disburse the balance of the Purchase Price to Seller; and (iii) disburse any excess proceeds deposited by Buyer to Buyer. d. Escrow Holder is authorized to and shall disburse funds and record the Grant Deed in the Official Records of the County of Riverside when Buyer and Seller have fulfilled the conditions of this transaction. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. As discussed below in Section 14.e., any amendment of, or supplement to, this Agreement or any instructions must be in writing. 5. NECESSARY INSTRUMENTS. Seller will execute and deposit with Escrow Holder a Grant Deed, in the form attached as Exhibit "C" hereto before dosing. Buyer and Seller agree to provide any additional instruments as may be necessary to complete this transaction. Buyer and Seller hereby agree to cooperate with the execution of all documents necessary to complete the transfer of the Subject Property, including, but not limited to, any supplemental instructions required to complete the transaction. 6. FEES, CHARGES AND COSTS. Buyer shall pay all of Buyer's and Seller's usual fees, charges and costs that arise in this transaction. -3- 7. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Subject Property at all reasonable times prior to close of this transaction for the purpose of making necessary or appropriate inspections. Buyer will give Seller reasonable written notice before going on the Subject Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors, assigns, officers, employees, agents and attorneys 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 Property as a result of any accident or other occurrence at the Subject Property that is in any way connected with Buyer's inspections or non -permanent improvements involving entrance onto the Subject Property pursuant to this Section. If Buyer fails to acquire the Subject Property due to Buyer's default, this license will terminate upon the termination of Buyer's right to purchase the Subject Property. In such event, Buyer will remove or cause to be removed all of Buyer's personal property, facilities, tools and equipment from the Subject Property. If Buyer does not remove all of Buyer's personal property, facilities, tools and equipment from the Subject Property within ten business days of the date that Buyer's license terminates under this Section, Seller has the right to remove said personal property, facilities, tools and equipment from the Subject Property. Buyer is responsible for all reasonable costs incurred by Seller in any such removal by Seller of Buyer's personal property, facilities, tools and equipment from the Subject Property. 8. POSSESSION OF SUBJECT PROPERTY. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Subject Property by Buyer, including the right to remove and dispose of improvements, shall commence upon the earlier of the following: (i) the effective date of any Agreement for Possession and Use of the Subject Property entered into between the parties or (ii) the date of the Close of Escrow. 9. WARRANTIES AND REPRESENTATIONS OF SELLER. a. Seller represents and warrants that to the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Subject Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. Seller represents and warrants that to the best of Seller's knowledge, there are no encroachments onto the Subject Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Seller represents and warrants that until the Close of Escrow, Seller shall maintain the Subject Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Subject Property. d. Seller represents and warrants that until the Close of Escrow, Seller shall not do anything that would impair Seller's title to any of the Subject Property. e. Seller represents and warrants that to the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease or other agreement or instrument to which the Subject Property may be bound. -4- f. Seller represents and warrants that until the Close of Escrow, Seller shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 9 not to be true as of closing, immediately give written notice of such fact or condition to Buyer. g. Seller 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 Property or transport any Hazardous Materials to or from the Subject Property 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 Property prior to the Close of Escrow. 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 Section 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. §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). h. Seller represents that to the best of Seller's knowledge, the Subject Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements. 10. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. 11. RELEASES. Buyer and Seller acknowledge and agree as follows: a. Buyer has had, or will have adequate opportunity to complete all physical and financial inspections, investigations and examinations of the Subject Property that it deems necessary and will be acquiring the Subject Property solely on the basis of, and in reliance upon, the same and the protection afforded by the title Policy. -5- b. Subject to the representations and warranties set forth in Section 9 and the disclaimer of Buyer provided within this Section 11, Buyer will be purchasing the Subject Property on an "AS IS, WHERE IS" BASIS." Except for the representations and warranties set forth in Section 9.g., Buyer is not relying on and Seller has not made any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the Subject Property regarding Seller's own use of the Subject Property. Further, Buyer is not relying on, and Seller 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 Property based on the use of the Subject Property 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 Property or transportation of any hazardous materials to or from the Subject Property by any previous seller or occupant of the Subject Property. 12. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage or expense (including, without limitation, attorneys' fees), resulting from, arising out of or based on any breach of Seller's warranties in Section 9.a. to 9.h. hereof. This indemnity extends only to liability created prior to or up to the Close of Escrow. Neither Buyer nor Seller shall be responsible for acts or omissions to act after close of this transaction. 13. NOTICES. All notices and demands shall 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 shall be sent to the Escrow Company. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: CITY: COPY TO: BUYER: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker -6- COPY TO: Riverside County Counsel's Office Attention: Synthia M. Gunzel, Deputy County Counsel 3960 Orange Street, Suite 500 Riverside, California 92501-3674 ESCROW Chicago Title Company HOLDER: 6370 Magnolia Avenue Riverside, California 92506-2405 Phone: (951) 782-2700 14. MISCELLANEOUS. a. Natural Hazard Disclosure Statement. Seller will provide to Buyer within the time allowed by law a Natural Hazard Disclosure Statement in accordance with California Government Code sections 8589.3 - 8589.4 and 51183.5 and Public Resources Code sections 4136, 2621.9 and 2694. b. Default. In the event of a material breach or material default under this Agreement by either the Buyer or Seller, the non -defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if the Buyer is the non defaulting party, the Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party shall be without prejudice to the non -defaulting party's rights and remedies at law or equity. c. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. d. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. e. Amendments. Any amendments to this Agreement shall be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. f. Governing Law. This Agreement is deemed to have been prepared by each of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. -7- g. Entire Agreement. This Agreement contains the entire agreement between the undersigned parties respecting the subject matter set forth herein, and expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the parties respecting said subject matter (whether oral or in writing). No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on Seller or Buyer. h. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. i. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. j. 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 shall be cumulative and shall 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 shall not constitute a waiver of the right to pursue other available remedies. k. Legal Representation. The parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the parties not so represented; and, prior to executing this Agreement, each of the parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement. I. 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 shall be entitled to recover reasonable attorneys' fees from the other party. m. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire the Subject Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. IN WITNESS WHEREOF, the parties here have entered into this Agreement on the day and year set forth above. -8- Dated: APPROVED AS TO FORM Dated: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Dated: APPROVED AS TO FORM Dated: PAMELA J. WALLS County Counsel By: Synthia M. Gunzel Deputy County Counsel -9- SELLER: CITY OF TEMECULA, a municipal corporation By: Jeff Comerchero, Mayor Pro Tem ATTEST: By: Randi Johl-Olson, JD, MMC City Clerk BUYER: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic By: Warren Williams General Manager -Chief Engineer EXHIBIT A . • , Murrieta Creek - Corps of Engineers Parcel 7021-18B Being a portion of River Street as shown on the map of the Town of Temecula, Map Book 15, •Page 726, records of San Diego County, California, within the city of Temecula, Riverside County, California, described as follows: All of Parcel 7021-18B as shown on Record of Survey Book 119, Pages 40 through 44, records of Riverside County, California. LAND L LS 4 7 5 8 Exp. 9-30-07 Land Surveyor No. 4758 Signed For: Riverside County Flood Control and Water Conservation District Date: WtS A004, EXHIBIT B PARCEL --7-0-21--1 ID BEING. A PORTION OF RIVER STREET AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA, MAP BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, WITHIN THE CITY OF TEMECULA, RIVERSIDE COUNTY, CALIFORNIA. / 4', 9 • 8 < s��� d • F N45' 30' 06"W 10. 00' M.B .15/726 SD. CO. / / \ / / N44'29'54"E 14.58' / 0.. O. / / k.AND L. SG �v oPJ�n S�aytn 0 LS 4758 Exp. 9-30-07 aF CAL1 L 0 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PROJECT: KURR I ETA CREEK C. O. E. PH 2 PARCEL: 7021-18B THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITT DESCRIPTION THEREIN. APPROVED BY: DATE: (✓ jj, Zoo G. PREPARED BY: RST SCALE: NO SCALE DATE: OCT 18, 2006 SHEET 1 OF 1 EXHIBIT C EXHIBIT "C" — FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker WITH A CONFORMED COPY TO: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Clerk [SPACE ABOVE FOR RECORDER'S USE ONLY] This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District, a body politic, and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). Documentary Transfer Tax: $0.00 Project: Murrieta Creek Phase II Project No.: 7-0-00021 APN: [X] Portions of APN 922-036-042 GRANT DEED RCFC Parcel No. 7021-18B THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation ("Grantor") hereby grants to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("Grantee") certain real property located in the City of Temecula, County of Riverside, California consisting of an approximate 741 square foot area in fee of the real property commonly known as 42081 Main Street, Temecula, California, and identified as Riverside County Assessor's Parcel Number 922-036-042. This approximate 741 square foot fee area, which is known as RCFC Parcel No. 7021-18B, is referred to herein as the "Subject Property" and is described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated herein by this reference. In WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the date set forth below: Grant Deed RCFC Parcel No. 7021-18B EXHIBIT "C" — FORM OF GRANT DEED Dated: GRANTOR CITY OF TEMECULA, a municipal corporation ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: Jeff Comerchero, Mayor Pro Tem Grant Deed RCFC Parcel No. 7021-18B EXHIBIT "C" — FORM OF GRANT DEED CERTIFICATE OF ACCEPTANCE [District Parcel 7021-18B] This is to certify that the interest in the real property conveyed by the attached Grant Deed from Grantor City of Temecula, a municipal corporation, to Grantee Riverside County Flood Control and Water Conservation District, a body politic, is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: By: Warren D. Williams General Manager -Chief Engineer Project: Murrieta Creek Phase II Project No. 7-0-00021 APN 922-036-042 RCFC Parcel No. 7021-18B Grant Deed RCFC Parcel No. 7021-18B APN: 922-036-037 RCFC PARCEL NO. 7021-18C1 PROJECT: MURRIETA CREEK PROJECT PHASE II AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA (APN 922-036-037) This AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS is entered into as of , 2014, by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic (hereinafter called "District" or "Buyer") and the CITY OF TEMECULA, a municipal corporation, (hereinafter called "City" or "Seller") for acquisition by Buyer from Seller of certain real property interests hereinafter set forth. RECITALS A. The District has been working with the U.S. Army Corps of Engineers on the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"), which would reduce the potential threat of future flooding along Murrieta Creek in the Southwest area of Riverside County. B. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. C. The City of Temecula is the record fee owner of that certain real property commonly known as 28545 Old Town Front Street, Temecula, and identified as Riverside County Assessor's Parcel Number 922-036-037 ("Property"). The Property, which is approximately 34,074 square feet (0.82 acre), is improved with the Old Town Temecula Community Theater. The Property is located along Murrieta Creek, within the Project area. D. The District desires to purchase in fee an approximate 4,117 square foot portion of the Property, which is referenced as RCFC Parcel No. 7021-18C1 and is described more particularly on Exhibits "A" and "B" hereto, which are incorporated herein by this reference (referred to below as the "Subject Property"). E. The Seller is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, Buyer and Seller mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, the fee interest in the Subject Property described on Exhibits "A" and "B" hereto. -1- 2. PURCHASE PRICE. The total purchase price that Buyer will pay to Seller for the Subject Property is the sum of Twenty-one Thousand Dollars ($21,000) ("Purchase Price"). Buyer shall pay the Purchase Price to Seller in cash at the Close of Escrow. Said Purchase Price includes the fair market value of the land comprising the Subject Property and the cost of replacement of certain landscaping and irrigation improvements, including shrubs, groundcover, gate valves and irrigation lines that the construction of the Project will impact. 3. TITLE AND TITLE INSURANCE. Upon the Opening of Escrow as defined below in Section 4, Chicago Title Insurance Company (the "Escrow Holder") shall obtain and issue a title commitment for the Subject Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the Subject Property, which is described above in Section 1, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). Buyer shall pay for the cost of the Policy. The Policy provided for pursuant to this Section will insure Buyer's interest in the Subject Property free and clear of all monetary liens and encumbrances, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Subject Property; b. Those non -monetary exceptions not objected to by Buyer within ten (10) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Subject Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the Subject Property will be free and clear of all monetary encumbrances. c. Taxes: Current fiscal year, including personal property tax, if any, and any further assessment thereto under Division 1, Part 0.5, Chapter 3.5 of Revenue and Taxation Code of the State of California. d. Quasi -public utility, public utility, public alley, public street easements, and rights of way of record. e. Taxes: All other taxes owed whether presently current or delinquent are to be current at the Close of Escrow. 4. ESCROW. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. The City will provide a certified copy of the Agreement to Escrow Holder and the District. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a certified copy of the fully -executed Agreement. The parties shall open an escrow within five (5) business days of the -2- date on which this Agreement is fully executed by the parties. Close of Escrow means the date on which the Grant Deed is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will be as soon as possible after the Opening of Escrow, but in no event shall the Close of Escrow be later than ninety (90) calendar days after the Opening of Escrow. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict, amend or supersede any provisions of this Agreement; this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: a. Escrow Holder shall prorate any taxes between Buyer and Seller so that Seller is responsible for any taxes up to, but not including the date of apportionment and Buyer is responsible for any taxes from, and including the date of apportionment. The date of apportionment is the earlier of the following: (i) the date on which Buyer takes possession of the Subject Property pursuant to an Agreement for Possession and Use entered into between the parties or (ii) the date of the Close of Escrow. b. Escrow Holder is authorized to and shall charge Seller the amounts needed to place title in the condition necessary to satisfy Section 3 of this Agreement, excluding any penalty for prepayment to any lien holder in compliance with Section 1265.240 of the California Code of Civil Procedure. c. Promptly upon Close of Escrow, Escrow Holder is authorized to and shall disburse all funds deposited with Escrow holder by Buyer in payment of the Subject Property as follows: (i) deduct or credit all items chargeable to the account of Seller and/or Buyer pursuant to the provisions herein; (ii) disburse the balance of the Purchase Price to Seller; and (iii) disburse any excess proceeds deposited by Buyer to Buyer. d. Escrow Holder is authorized to and shall disburse funds and record the Grant Deed in the Official Records of the County of Riverside when Buyer and Seller have fulfilled the conditions of this transaction. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. As discussed below in Section 14.e., any amendment of, or supplement to, this Agreement or any instructions must be in writing. 5. NECESSARY INSTRUMENTS. Seller will execute and deposit with Escrow Holder a Grant Deed, in the form attached as Exhibit "C" hereto before closing. Buyer and Seller agree to provide any additional instruments as may be necessary to complete this transaction. Buyer and Seller hereby agree to cooperate with the execution of all documents necessary to complete the transfer of the Subject Property, including, but not limited to, any supplemental instructions required to complete the transaction. 6. FEES, CHARGES AND COSTS. Buyer shall pay all of Buyer's and Seller's usual fees, charges and costs that arise in this transaction. 7. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Subject Property at all reasonable times prior to close of this transaction for the purpose of making necessary or appropriate inspections. Buyer will give Seller reasonable written notice before going on the Subject Property. Buyer -3- does hereby indemnify and forever save Seller, Seller's heirs, successors, assigns, officers, employees, agents and attorneys 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 Property as a result of any accident or other occurrence at the Subject Property that is in any way connected with Buyer's inspections or non -permanent improvements involving entrance onto the Subject Property pursuant to this Section. If Buyer fails to acquire the Subject Property due to Buyer's default, this license will terminate upon the termination of Buyer's right to purchase the Subject Property. In such event, Buyer will remove or cause to be removed all of Buyer's personal property, facilities, tools and equipment from the Subject Property. If Buyer does not remove all of Buyer's personal property, facilities, tools and equipment from the Subject Property within ten business days of the date that Buyer's license terminates under this Section, Seller has the right to remove said personal property, facilities, tools and equipment from the Subject Property. Buyer is responsible for all reasonable costs incurred by Seller in any such removal by Seller of Buyer's personal property, facilities, tools and equipment from the Subject Property. 8. POSSESSION OF SUBJECT PROPERTY. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Subject Property by Buyer, including the right to remove and dispose of improvements, shall commence upon the earlier of the following: (i) the effective date of any Agreement for Possession and Use of the Subject Property entered into between the parties or (ii) the date of the Close of Escrow. 9. WARRANTIES AND REPRESENTATIONS OF SELLER. a. Seller represents and warrants that to the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Subject Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. Seller represents and warrants that to the best of Seller's knowledge, there are no encroachments onto the Subject Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Seller represents and warrants that until the Close of Escrow, Seller shall maintain the Subject Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Subject Property. d. Seller represents and warrants that until the Close of Escrow, Seller shall not do anything that would impair Seller's title to any of the Subject Property. e. Seller represents and warrants that to the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease or other agreement or instrument to which the Subject Property may be bound. f. Seller represents and warrants that until the Close of Escrow, Seller shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 9 not to be true as of closing, immediately give written notice of such fact or condition to Buyer. -4- g. Seller 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 Property or transport any Hazardous Materials to or from the Subject Property 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 Property prior to the Close of Escrow. 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 Section 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. §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). h. Seller represents that to the best of Seller's knowledge, the Subject Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements. 10. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. 11. RELEASES. Buyer and Seller acknowledge and agree as follows: a. Buyer has had, or will have adequate opportunity to complete all physical and financial inspections, investigations and examinations of the Subject Property that it deems necessary and will be acquiring the Subject Property solely on the basis of, and in reliance upon, the same and the protection afforded by the title Policy. b. Subject to the representations and warranties set forth in Section 9 and the disclaimer of Buyer provided within this Section 11, Buyer will be purchasing the Subject Property on an "AS IS, WHERE IS" BASIS." Except for the representations and -5- warranties set forth in Section 9.g., Buyer is not relying on and Seller has not made any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the Subject Property regarding Seller's own use of the Subject Property. Further, Buyer is not relying on, and Seller 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 Property based on the use of the Subject Property 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 Property or transportation of any hazardous materials to or from the Subject Property by any previous seller or occupant of the Subject Property. 12. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage or expense (including, without limitation, attorneys' fees), resulting from, arising out of or based on any breach of Seller's warranties in Section 9.a. to 9.h. hereof. This indemnity extends only to liability created prior to or up to the Close of Escrow. Neither Buyer nor Seller shall be responsible for acts or omissions to act after close of this transaction. 13. NOTICES. All notices and demands shall 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 shall be sent to the Escrow Company. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: CITY: COPY TO: BUYER: COPY TO: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker Riverside County Counsel's Office Attention: Synthia M. Gunzel, Deputy County Counsel 3960 Orange Street, Suite 500 Riverside, California 92501-3674 -6- ESCROW Chicago Title Company HOLDER 6370 Magnolia Avenue Riverside, California 92506-2405 Phone: (951) 782-2700 14. MISCELLANEOUS. a. Natural Hazard Disclosure Statement. Seller will provide to Buyer within the time allowed by law a Natural Hazard Disclosure Statement in accordance with California Government Code sections 8589.3 - 8589.4 and 51183.5 and Public Resources Code sections 4136, 2621.9 and 2694. b. Default. In the event of a material breach or material default under this Agreement by either the Buyer or Seller, the non -defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if the Buyer is the non defaulting party, the Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party shall be without prejudice to the non -defaulting party's rights and remedies at law or equity. c. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. d. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. e. Amendments. Any amendments to this Agreement shall be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. f. Governing Law. This Agreement is deemed to have been prepared by each of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. g. Entire Agreement. This Agreement contains the entire agreement between the undersigned parties respecting the subject matter set forth herein, and expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the parties respecting said subject matter (whether oral or in writing). No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on Seller or Buyer. -7- h. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. i. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. j. 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 shall be cumulative and shall 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 shall not constitute a waiver of the right to pursue other available remedies. k. Legal Representation. The parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the parties not so represented; and, prior to executing this Agreement, each of the parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement. I. 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 shall be entitled to recover reasonable attorneys' fees from the other party. m. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire the Subject Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. IN WITNESS WHEREOF, the parties here have entered into this Agreement on the day and year set forth above. -8- SELLER: CITY OF TEMECULA, a municipal corporation Dated: By: Jeff Comerchero, Mayor Pro Tem APPROVED AS TO FORM Dated: RICHARDS, WATSON & GERSHON ATTEST: By: Randi Johl-Olson, JD. MMC By: City Clerk Peter M. Thorson, City Attorney Dated: BUYER: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic By: APPROVED AS TO FORM Warren Williams General Manager -Chief Engineer PAMELA J. WALLS County Counsel By: Synthia M. Gunzel Deputy County Counsel -9- EXHIBIT A Exhibit "A" Murrieta Creek -Corps of Engineers Parcel 7021-18C1 Being a portion of River Street as shown on the map of the Town of Temecula, Map Book 15, Page 726, records of San Diego County, California, within the city of Temecula, Riverside County, California, described as follows: All of Parcel 7021-18C as shown on Record of Survey Book 119, Pages 40 through 44, records of Riverside County, California. Excepting therefrom that portion lying Northeasterly and Southeasterly of the following described line: Beginning at the most Southerly corner of said Parcel: Thence North 45° 31' 35" West 16.62 feet along the Southwesterly line of said Parcel; Thence North 31° 22' 32" West 137.53 feet parallel with and Southwesterly 6.00 feet, measured at right angles from the Northeasterly line of said Parcel to a point parallel with and Southeasterly 30.00 feet, measured at right angles from the Northwesterly line of said Parcel; Thence North 44° 30' 47" East 6,19 feet along said parallel line to an angle point on the Easterly line of said Parcel being the Point of Terminus. Said angle point being the intersection of the following two courses: North 44° 30' 47" East 22.69 feet, and North 31° 22' 32" West 154.67 feet as shown on said Record of Survey. 407/1_,/ WILLIAM R. HOF/�:j ER ' Land Surveyor No/ y 360 Signed For: Riverside County Flood Control and Water Conservation District Date: EXHIBIT B Exhibit "B" BEING A PORTION OF RIVER STREET AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA, MAP BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. WITHIN THE CITY OF TEMECULA, RIVERSIDE COUNTY, CALIFORNIA. C PARCEL 7021-25 /1'. ° cb' b C -\PQ (O• CPARCEL 7021-18C N45' 31' 35"W 30. 00' N44'30'47"E 22.69' �P. 0. T. 6. 00' • PORTION OF RI VER STREET VACATED PER 0.. BK. 474 PG. 109 � '`%�, AUGUST 6, 1940 9s. `� 0. R. R I V. CO. PARCEL /,? 7021 -23 s •s 6.00' R.S 119 / 44 - 44 *°°- /04445Z71// DATE: -30 i'</i1- 1 N44' 30'18"E 2. 00' P. 0. B. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PROJECT NAMEI MURR I ETA CREEK C. O. E. PH 2 THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. RCFC PARCEL NUMBER(S)1 PARCEL 7021-18C1 SCALEI NO SCALE PREPARED BY: RST MAR -30-2011 SHEET NO. 1 OF 1 EXHIBIT C EXHIBIT "C" — FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker WITH A CONFORMED COPY TO: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Clerk [SPACE ABOVE FOR RECORDER'S USE ONLY] This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District, a body politic, and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). Documentary Transfer Tax: $0.00 Project: Murrieta Creek Phase II Project No.: 7-0-00021 APN: [X] Portions of APN 922-036-037 GRANT DEED RCFC Parcel No. 7021-18C1 THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation ("Grantor") hereby grants to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("Grantee") certain real property consisting of an approximate 4,117 square foot area in fee of the real property located in the City of Temecula, County of Riverside, California, commonly known as 28545 Old Town Front Street, Temecula, California, and identified as Riverside County Assessor's Parcel Number 922-036-037. This approximate 4,117 square foot fee area, which is known as RCFC Parcel 7021- 18C1, is referred to herein as the "Subject Property" and is described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. In WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the date set forth below: Grant Deed RCFC Parcel 7021-18C1 EXHIBIT "C" — FORM OF GRANT DEED Dated: GRANTOR CITY OF TEMECULA, a municipal corporation By: Jeff Comerchero, Mayor Pro Tem ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Grant Deed RCFC Parcel 7021-18C1 EXHIBIT "C" — FORM OF GRANT DEED CERTIFICATE OF ACCEPTANCE [District Parcel 7021-18C1] This is to certify that the interest in the real property conveyed by the attached Grant Deed from Grantor City of Temecula, a municipal corporation, to Grantee Riverside County Flood Control and Water Conservation District, a body politic, is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: By: Warren D. Williams General Manager -Chief Engineer Project: Murrieta Creek Phase 11 Project No. 7-0-00021 APN 922-036-037 RCFC Parcel No. 7021-18C1 Grant Deed RCFC Parcel 7021-18C1 APN: 922-053-020 & -021 RCFC PARCEL NO. 7021-18D PROJECT: MURRIETA CREEK PROJECT PHASE II AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA (APNs 922-053-020 & 922-053-021) THIS AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS is entered into as of , 2014 by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A body politic (hereinafter called "District" or "Buyer") and the CITY OF TEMECULA, as successor to the housing assets of the Temecula Redevelopment Agency (hereinafter called "City" or "Seller") for acquisition by Buyer from Seller of certain real property interests hereinafter set forth. RECITALS A. The District has been working with the U.S. Army Corps of Engineers on the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"), which would reduce the potential threat of future flooding along Murrieta Creek in the Southwest area of Riverside County. B. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. C. The City of Temecula, as successor to the housing assets of the Temecula Redevelopment Agency, is the record fee owner of that certain approximate 43,012 square foot (0.99 -acre) vacant real property commonly known as 28640 Pujol Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers 922-053-020 and 922-053-021 ("Property"). The Property is located along Murrieta Creek, within the Project area. D. The District desires to purchase in fee an approximate 19,452 square foot portion of the Property. The approximate 19,452 square foot portion of the Property is referenced as RCFC Parcel 7021-18D and is described more particularly on Exhibits "A" and "B" hereto, which are incorporated herein by this reference (referred to below as the "Subject Property"). E. The Seller is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, Buyer and Seller mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, the fee interest in the Subject Property described on Exhibits "A" and "B" hereto. -1- 2. PURCHASE PRICE. The total purchase price that Buyer will pay to Seller for the Subject Property is the sum of Fifty-three Thousand Two Hundred Dollars ($53,200) ("Purchase Price"). Buyer shall pay the Purchase Price to Seller in cash at the Close of Escrow, as defined below in Section 4. The Purchase Price is broken down as follows: Residential area outside of River Street 2,719 square feet @ $17.25 x 100% $ 46,903.00 Open Space Area outside of River Street 12,060 square feet @ $0.50 x 100% $ 6,030.00 Residential area within River Street 4,673 square feet @ $0.50 x 10% $ 234.00 Total $ 53,167.00 Rounded $ 53,200.00 3. TITLE AND TITLE INSURANCE. Upon the Opening of Escrow as defined below in Section 4, Chicago Title Insurance Company (the "Escrow Holder") shall obtain and issue a title commitment for the Subject Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the Subject Property, which is described above in Section 1, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). Buyer shall pay for the cost of the Policy. The Policy provided for pursuant to this Section will insure Buyer's interest in the Subject Property free and clear of all monetary liens and encumbrances, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Subject Property. b. Those non -monetary exceptions not objected to by Buyer within ten (10) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Subject Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the Subject Property will be free and clear of all monetary encumbrances. c. Taxes: Current fiscal year, including personal property tax, if any, and any further assessment thereto under Division 1, Part 0.5, Chapter 3.5 of Revenue and Taxation Code of the State of California. -2- d. Quasi -public utility, public utility, public alley, public street easements, and rights of way of record. e. Taxes: All other taxes owed whether presently current or delinquent are to be current at the Close of Escrow. 4. ESCROW. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. The City will provide a certified copy of the Agreement to Escrow Holder and the District. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a certified copy of the fully -executed Agreement. The parties shall open an escrow within five (5) business days of the date on which this Agreement is fully executed by the parties. Close of Escrow means the date on which the Grant Deed is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will be as soon as possible after the Opening of Escrow, but in no event shall the Close of Escrow be later than ninety (90) calendar days after the Opening of Escrow. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict, amend or supersede any provisions of this Agreement; this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: a. Escrow Holder shall prorate any taxes between Buyer and Seller so that Seller is responsible for any taxes up to, but not including the date of apportionment and Buyer is responsible for any taxes from, and including the date of apportionment. The date of apportionment is the earlier of the following: (i) the date on which Buyer takes possession of the Subject Property pursuant to an Agreement for Possession and Use entered into between the parties or (ii) the date of the Close of Escrow. b. Escrow Holder is authorized to and shall charge Seller the amounts needed to place title in the condition necessary to satisfy Section 3 of this Agreement, excluding any penalty for prepayment to any lien holder in compliance with Section 1265.240 of the California Code of Civil Procedure. c. Promptly upon Close of Escrow, Escrow Holder is authorized to and shall disburse all funds deposited with Escrow Holder by Buyer in payment of the Subject Property as follows: (i) deduct or credit all items chargeable to the account of Seller and/or Buyer pursuant to the provisions herein; (ii) disburse the balance of the Purchase Price to Seller; and (iii) disburse any excess proceeds deposited by Buyer to Buyer. d. Escrow Holder is authorized to and shall disburse funds and record the Grant Deed in the Official Records of the County of Riverside when Buyer and Seller have fulfilled the conditions of this transaction. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. As discussed below in Section 14.e., any amendment of, or supplement to this Agreement or any instructions must be in writing. 5. NECESSARY INSTRUMENTS. Seller will execute and deposit with Escrow Holder a Grant Deed, in the form attached as Exhibit "C" hereto before closing. Buyer and Seller agree to provide any additional instruments as may be necessary to complete this transaction. Buyer and Seller hereby agree to cooperate with the execution of all documents -3- necessary to complete the transfer of the Subject Property, including, but not limited to, any supplemental instructions required to complete the transaction. 6. FEES, CHARGES AND COSTS. Buyer shall pay all of Buyer's and Seller's usual fees, charges and costs that arise in this transaction. 7. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Subject Property at all reasonable times prior to close of this transaction for the purpose of making necessary or appropriate inspections. Buyer will give Seller reasonable written notice before going on the Subject Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors, assigns, officers, employees, agents and attorneys 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 Property as a result of any accident or other occurrence at the Subject Property that is in any way connected with Buyer's inspections or non -permanent improvements involving entrance onto the Subject Property pursuant to this Section. If Buyer fails to acquire the Subject Property due to Buyer's default, this license will terminate upon the termination of Buyer's right to purchase the Subject Property. In such event, Buyer will remove or cause to be removed all of Buyer's personal property, facilities, tools and equipment from the Subject Property. If Buyer does not remove all of Buyer's personal property, facilities, tools and equipment from the Subject Property within ten business days of the date that Buyer's license terminates under this Section, Seller has the right to remove said personal property, facilities, tools and equipment from the Subject Property. Buyer is responsible for all reasonable costs incurred by Seller in any such removal by Seller of Buyer's personal property, facilities, tools and equipment from the Subject Property. 8. POSSESSION OF SUBJECT PROPERTY. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Subject Property by Buyer, including the right to remove and dispose of improvements shall commence upon the earlier of the following: (i) the effective date of any Agreement for Possession and Use of the Subject Property entered into between the parties or (ii) the date of the Close of Escrow. 9. WARRANTIES AND REPRESENTATIONS OF SELLER. a. Seller represents and warrants that to the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Subject Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. Seller represents and warrants that to the best of Seller's knowledge, there are no encroachments onto the Subject Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Seller represents and warrants that until the Close of Escrow, Seller shall maintain the Subject Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Subject Property. d. Seller represents and warrants that until the Close of Escrow, Seller shall not do anything that would impair Seller's title to any of the Subject Property. -4- e. Seller represents and warrants that to the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease or other agreement or instrument to which the Subject Property may be bound. f. Seller represents and warrants that until the Close of Escrow, Seller shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 9 not to be true as of closing, immediately give written notice of such fact or condition to Buyer. g. Seller 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 Property or transport any Hazardous Materials to or from the Subject Property 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 Property prior to the Close of Escrow. 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 Section 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. §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). h. Seller represents that to the best of Seller's knowledge, the Subject Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements. 10. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. -5- 11. RELEASES. Buyer and Seller acknowledge and agree as follows: a. Buyer has had, or will have adequate opportunity to complete all physical and financial inspections, investigations and examinations of the Subject Property that it deems necessary and will be acquiring the Subject Property solely on the basis of, and in reliance upon, the same and the protection afforded by the title Policy. b. Subject to the representations and warranties set forth in Section 9 and the disclaimer of Buyer provided within this Section 11, Buyer will be purchasing the Subject Property on an "AS IS, WHERE IS" BASIS." Except for the representations and warranties set forth in Section 9.g., Buyer is not relying on and Seller has not made any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the Subject Property regarding Seller's own use of the Subject Property. Further, Buyer is not relying on, and Seller 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 Property based on the use of the Subject Property 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 Property or transportation of any hazardous materials to or from the Subject Property by any previous seller or occupant of the Subject Property. 12. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage or expense (including, without limitation, attorneys' fees), resulting from, arising out of or based on any breach of Seller's warranties in Section 9.a. to 9.h. hereof. This indemnity extends only to liability created prior to or up to the Close of Escrow. Neither Buyer nor Seller shall be responsible for acts or omissions to act after close of this transaction. 13. NOTICES. All notices and demands shall 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 shall be sent to the Escrow Company. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: CITY: COPY TO: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 -6- BUYER: COPY TO: Riverside County Flood Control & Water Conservation District 1995 Market Stree Riverside, California 92501 Attention: Greg Walker Riverside County Counsel's Office Attention: Synthia M. Gunzel, Deputy County Counsel 3960 Orange Street, Suite 500 Riverside, California 92501-3674 ESCROW Chicago Title Company HOLDER 6370 Magnolia Avenue Riverside, California 92506-2405 Phone: (951) 782-2700 14. MISCELLANEOUS. a. Natural Hazard Disclosure Statement. Seller will provide to Buyer within the time allowed by law a Natural Hazard Disclosure Statement in accordance with California Government Code sections 8589.3-8589.4 and 51183.5 and Public Resources Code sections 4136, 2621.9 and 2694. b. Default. In the event of a material breach or material default under this Agreement by either the Buyer or Seller, the non -defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if the Buyer is the non defaulting party, the Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party shall be without prejudice to the non -defaulting party's rights and remedies at law or equity. c. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. d. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. e. Amendments. Any amendments to this Agreement shall be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. f. Governing Law. This Agreement is deemed to have been prepared by each of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of -7- California, and the rights and obligations of the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. g. Entire Agreement. This Agreement contains the entire agreement between the undersigned parties respecting the subject matter set forth herein, and expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the parties respecting said subject matter (whether oral or in writing). No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on Seller or Buyer. h. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. i. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. j. 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 shall be cumulative and shall 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 shall not constitute a waiver of the right to pursue other available remedies. k. Legal Representation. The parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the parties not so represented; and, prior to executing this Agreement, each of the parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement. I. 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 shall be entitled to recover reasonable attorneys' fees from the other party. m. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire the Subject Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. IN WITNESS WHEREOF, the parties here have entered into this Agreement on the day and year set forth above. -8- SELLER: CITY OF TEMECULA, as successor to the housing assets of the Temecula Redevelopment Agency Dated: By: Jeff Comerchero, Mayor Pro Tem APPROVED AS TO FORM Dated: RICHARDS, WATSON & GERSHON ATTEST: By: Randi Johl-Olson, JD, MMC By: City Clerk Peter M. Thorson, City Attorney Dated: APPROVED AS TO FORM PAMELA J. WALLS County Counsel By: Synthia M. Gunzel Deputy County Counsel -9- BUYER: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic By: Warren Williams General Manager -Chief Engineer EXHIBIT A Murrieta Creek - Corps of Engineers Parcel 7021-18D Being a portion of Parcel 1 as shown on Parcel Map Book 61, Page 14, records of Riverside County, and a portion of River Street as shown on the map of the Town of Temecula, Map Book 15, Page 726, records of San Diego County, California, within the city of Temecula, Riverside County, California, described as follows: All of Parcel 7021-18D as shown on Record of Survey Book 119, Pages 40 through 44, records of Riverside County, California. U -G LS 4758 01,g7==. DAVM? L. STONE Land Surveyor No. 4758 Signed For: Riverside County Flood Control and Water Conservation District Date: A/ vi ?�DD�, EXHIBIT B / / PARCEL _ 7021-1$p BEING A PORTION OF PARCEL I, AS SHOWN ON PARCEL MAP BOOK 61, PAGE 14 RECORDS OF RIVERSIDE COUNTY AND A PORTION OF RIVER STREET AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA, MAP BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, WITHIN THE CITY OF TEMECULA, RIVERSIDE COUNTY, CALIFORNIA. 1 / / M.B 15 / 726 SDCO. / / DEPOT GROUNDS AND RAILROAD R/W AS DESCRIBED IN BOOK 464, PG. 505 O.R. R I V. CO. / // R/W LINE DATA BEARING DISTANCE A N45'3I'35"W 19.79' B N44°30'18"E 10.14' C N45'36'20"W 65.18' RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PROJECT: MURR I ETA CREEK C. O. E. PH 2 PARCEL: 7021- 18D THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRIT .J I CRIPTISN THEREIN. APPROVED BY: DATE: 44i/ /3� Zoob PREPARED BY: RST SCALE: NO SCALE DATE: OCT 18. 2006 SHEET I OF EXHIBIT C EXHIBIT "C" — FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker WITH A CONFORMED COPY TO: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Clerk [SPACE ABOVE FOR RECORDER'S USE ONLY] This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District, a body politic, and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). Documentary Transfer Tax: $0.00 Project: Murrieta Creek Phase II Project No.: 7-0-00021 APN: [X] Portions of APNs 922-053-020 & 922-053-021 GRANT DEED RCFC Parcel No. 7021-18D THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, as successor to the housing assets of the Temecula Redevelopment Agency ("Grantor") hereby grants to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("Grantee") certain real property consisting of an approximate 19,452 square foot (0.45 -acre) area in fee of the real property located in the City of Temecula, County of Riverside, California commonly known as 28640 Pujol Street, Temecula, California, and described as Riverside County Assessor's Parcel Numbers 922-053-020 and 922-053-021. This approximate 19,452 square foot (0.45 -acre) area in fee, which is known as RCFC Parcel No. 7021-18D, is referred to herein as the "Subject Property" and is described more particularly on Exhibit "A" hereto and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated herein by this reference. In WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the date set forth below: Grant Deed RCFC Parcel No. 7021-18D Dated: EXHIBIT "C" — FORM OF GRANT DEED ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney GRANTOR CITY OF TEMECULA, as successor to the housing assets of the Temecula Redevelopment Agency By: Jeff Comerchero, Mayor Pro Tem Grant Deed RCFC Parcel No. 7021-18D EXHIBIT "C" — FORM OF GRANT DEED CERTIFICATE OF ACCEPTANCE [District Parcel 7021-18D] This is to certify that the interest in the real property conveyed by the attached Grant Deed from Grantor City of Temecula, as successor to the housing assets of the Temecula Redevelopment Agency, to Grantee Riverside County Flood Control and Water Conservation District is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: By: Warren D. Williams General Manager -Chief Engineer Project: Murrieta Creek Phase II Project No. 7-0-00021 APNs 922-053-020 & 922-053-021 RCFC Parcel No. 7021-18D Grant Deed RCFC Parcel No. 7021-18D RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Riverside County Flood Control and Water Conservation District Attention: Greg Walker 1995 Market Street Riverside, California 92501 WITH A CONFORMED COPY TO: City of Temecula Attention: City Clerk 41000 Main Street Temecula, California 92590 SPACE ABOVE THIS LINE FOR RECORDER'S USE IX] All of Assessor's Parcel Nos. 921-020-089 RCFC Parcel No. 7021-33T Documentary Transfer Tax $0.00 This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF TEMECULA (APN 910-020-089) This Temporary Construction Easement and Right of Entry Agreement ("Agreement") is entered into as of , 2014 (`Effective Date") between the City of Temecula, a municipal corporation ("Grantor" or "City") and Riverside County Flood Control and Water Conservation District, a body politic ("Grantee" or "District). The City and the District are referred to below collectively as the "Parties". RECITALS A. The District has been working with the U.S. Army Corps of Engineers on the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"), which would reduce the potential threat of future flooding along Murrieta Creek in the Southwest area of Riverside County. B. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. The City is a local participant in this Project pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. -1- C. The City of Temecula is the record fee owner of that certain approximate 3.64 - acre vacant real property located at the northwest corner of Old Diaz Road and Rancho California Road and the northeast corner of Diaz Road and Rancho California Road, and identified as Riverside County Assessor's Parcel Number 921-020-089. This parcel is referred to below as Riverside County Flood Control District Parcel No. 7021-33T ("RCFC No. 7021- 33T"). RCFC No. 7021-33T is described more particularly on Exhibit "A-7" hereto labeled "Legal Description for Diaz Road Right -of -Way Dedication Remainder Parcel" and depicted on Exhibit "B-7" hereto, which are incorporated herein by this reference. D. The District desires to acquire from the City and the City desires to grant to the District a temporary construction easement with a term of three years on RCFC No. 7021-33T for construction staging purposes and to facilitate the District's construction of Phase 2 of the Project. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and the District mutually agree as follows: 1. The City hereby grants to the District a temporary construction easement and right of entry with a term of three years (referred to below as "temporary construction easement") on RCFC No. 7021-33T to facilitate the construction of Phase 2 of Project, subject to the terms of this Agreement. 2. Within ten business days of the Effective Date of this Agreement, the District shall pay to the City the total compensation of $118,000 (One Hundred Eighteen Thousand Dollars) as the total monetary consideration for the District's use of the temporary construction easement pursuant to the terms of this Agreement. 3. Term. The term of the temporary construction easement will commence on the Effective Date of this Agreement. The temporary construction easement will expire on the earlier of (a) three -years after the Effective Date of this Agreement, or (b) on the date that the District records a Notice of Termination of the temporary construction easement in the Official Records of the County of Riverside. Upon the expiration of the temporary construction easement, the District agrees to take such actions as the City may reasonably request to evidence and give effect to the extinguishment of the temporary construction easement and the relinquishment of the District's rights and interests in the temporary construction easement pursuant to this Agreement. The City grants to the District, its contractors, subcontractors, agents, representatives, employees and all others reasonably deemed necessary by the District, the right to use and occupy the temporary construction easement for a term of three years to facilitate the District's construction of Phase 2 of the Project. The purpose and scope of this temporary construction easement is to allow for the District's storage and assembly of equipment and materials, ingress and egress, and any related support activities to facilitate the construction of Phase 2 of the Project. 4. The District shall replace with material of like kind and quality any improvements, landscaping and irrigation located on RCFC No. 7021-33T that are damaged as a result of the District's construction of the Project. 5. The District shall install and maintain a 6 -foot chainlink fence with privacy screens around RCFC No. 7021-33T five business days before it commences its use of the temporary construction easement and shall maintain said fence during the term of the temporary construction easement. -2- 6. The District shall obtain any necessary permits and approvals required in connection with the District's use of RCFC No. 7021-33T, and shall comply with all local, state, and federal rules that may apply in connection with the District's use of RCFC No. 7021-33T for Phase 2 of the Project. 7. The District shall keep the public right of way free of debris and dirt in connection with its use of the temporary construction easement for Phase 2 of the Project. The District shall sweep the public right of way as necessary to remove dirt and debris. Further, the District shall install a gravel and metal entrance and exit area for RCFC No. 7021-33T in connection with its use of the temporary construction easement. 8. The District agrees to keep the temporary construction easement free of any liens or lien claims made by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights as a result of the District's use of the temporary construction easement in connection with the construction of Phase 2 of the Project. If any such lien is filed on RCFC No. 7021-33T in connection with the District's use of the temporary construction easement, the District will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to the City within thirty (30) calendar days of receiving notice of the lien. If the District fails to remove the lien within such thirty (30) day period, the City will have the right to remove the lien, and District, upon demand, will reimburse the City for all costs and expenses, including without limitation reasonable attorneys' fees incurred by the City in connection with such removal. To the extent permitted by law, the District hereby indemnifies the City from and against all claims and demands for payment, or liens or lien claims made against the City by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights as a result of the District's use of RCFC No. 7021-33T for the construction of Phase 2 of the Project. 9. 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. 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 Grantor: Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501 Attention: Greg Walker Copy to: Riverside County Counsel's Office Attention: Synthia M. Gunzel, Deputy County Counsel 3960 Orange Street, Fifth Floor Riverside, California 92501-3674 -3- 10. Miscellaneous Provisions. a. Authority to Bind Parties and Execute Agreement. The City and the District represent and warrant to one another that this Agreement constitutes a binding obligation on each of them and that the person executing this Agreement is authorized to execute the Agreement on behalf of the respective Party and to bind it. b. Entire Agreement. This Agreement reflects the entire agreement between the City and the District regarding the District's use of the temporary construction easement on RCFC No. 7021-33T, and shall supersede all prior or contemporaneous oral or written understandings, statements, representations or promises between the City and the District concerning the subject matter of this Agreement. c. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. d. Amendment or Modification. This may be modified or amended only by a writing executed by all Parties to this Agreement. e. Partial Invalidity/Severability. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. f. Successors -in -Interest and Assigns. Except as otherwise provided herein, the provisions of this Agreement will be binding on and inure to the benefit of the Parties hereto and their respective heirs, successors and assigns. g. Legal Representation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. h. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. -4- i. Fees and Costs. Each of the Parties to this Agreement shall bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating the matters described in this Agreement. IN WITNESS WHEREOF, the City and the District have entered into this Agreement as of the date set forth above. [Signatures on Next Page] -5- GRANTEE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic Dated: By: Chairman, Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: By: Kecia Harper -Them Clerk of the Board APPROVED AS TO FORM: PAMELA J. WALLS County Counsel By: Synthia M. Gunzel Deputy County Counsel -6- GRANTOR CITY OF TEMECULA, a municipal corporation Dated: By: Jeff Comerchero, Mayor Pro Tem ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: Dated: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney EXHIBIT "A -T' LEGAL DESCRIPTION FOR DIAZ ROAD RIGHT-OF-WAY DEDICATION REMAINDER PARCEL THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 19580 AS SHOWN BY A MAP ON FILE IN BOOK 154, PAGES 92 THROUGH 95 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF SAID PARCEL MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD; THENCE SOUTH 18'26'21" EAST, 42.92, FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 18'26'21" EAST, 659.41 FEET ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A CORNER CUT-BACK AS SHOWN ON SAID MAP; THENCE SOUTH 23'4552" WEST. 30.90 FEET ALONG SAID CORNER CUT-BACK TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD AS SHOWN ON SAID MAP, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1411.1)0 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 24'01'55" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 14'22'41", AN ARC LENGTH OF 354.08 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 51'13'50" WEST, 59.50 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89'43'00" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'50'06", AN ARC LENGTH OF 276.95 FEET; THENCE NORTH 19'33'12" EAST, 301.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 900.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10'43'37, AN ARO LENGTH OF 168.49 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 158,554 SQUARE FEET OR 3.64 ACRES MORE OR LESS. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT -B-7- AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: .a(1,24/.;4i/ KEVIN 8. COZAD REGISTERED PROFESSIONAL ENGINEER NO. 26159 EXPIRES. 3-31-2010 Page 1of1 March 18, 2008 BY: R.C.O. CK'D BY: B. Fox F:)31989WY¢galakn fir, Rd 3 UFOATF dx -7- EXHIBIT "B_7" OTY OF TE LINE TABLE LINE LENGTH D FARING L1 301.49' N19'33'12"E L2 59.50' N51'13'50"W L3 30.90' S23'45'52"W L4 659.41' 518'26'21"E L5 42.92' 518'26`21"E SURVEYOR'S NOTE THIS LEGAL DESCRIPTION AND PLAT WAS PREPARED AT THE REQUEST OF THE CrTY OF TEMECULA. THE PARCELS DESCRIBED HEREON IAAY NOT BE LEGAL PARCELS. THIS LEGAL DESCRIPTION AND PLAT DOES PAUBA LAND & 1YA7R NOT CONSTITUTE A LAND DIVISION UNDER THE SUBOMSON 1.0P ACT AT THE PRESENT TIME. ANY GO. SIJB. M.B. 11)507 FURTHER SALE, LEASE OR FINANCING OF THE PARCEL WOULD REQUIRE A LAND DMSION APPROVAL. CURVE TABLE CURVE LENGTH RADIUS DELTA C1 276.95' 800.00' 19'5O'06" C2 354.08' 1411.00' 14'22'41"I C3 168.49' 900.00' 10'43'35" POFITJON BLOCK 2 off tl .44 REMAINDER PARCEL 3.64 ACRES P.O.C. NLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580 (PM 154/92-90 SCALE IN FEET 1"=200' RANCHO C LTFORNIA SO9'39'147 (R) S24`01'55"E {R} PARCEL UNE OBLITERATED PER LOT UNE ADJUSTMENT INSTR. NO. 305484 RECORDED 08/05/93 PREPARED FGR CITY OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA 92590 (951) 694-6411 RECORD OWNLRR: CITY OF TEMECULA PREPARED BY: CML / STRUCTURAL ENGINEERS MUNICIPAL CONSULTANTS / PLANNERS SURVEYORS / OPS 151 .South Glro d Street Ca 925.44 TEL (951) 652-4454 • FAX (951 766-5942 E—MAIL Icb az©dPAicnzadcem FM, name: F;'0105901.02`OW6>;0105901_02.0WG -8- Murrieta Creek Flood Control, Environmental Restoration and Recreation Project (Led by Riverside County Flood Control and Water Conservation District and the U.S. Army Corps of Engineers) Q Areas to be Acquired by Riverside County Flood Control and Water Conservation District from the City of Temecula Murrieta Creek Flood Control, Environmental Restoration and Recreation Project (Led by Riverside County Flood Control and Water Conservation District and the U.S. Army Corps of Engineers) 01 Temporary Construction Easement Area to be Acquired by Riverside County Flood Control and Water Conservation District from the City of Temecula (three years) Item No. 14 TEMECULA COMMUNITY SERVICES DISTRICT ACTION MINUTES July 22, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:23 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: Edwards, Naggar, Roberts (Absent), Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 12 Action Minutes — Approved Staff Recommendation (4-0-1, Director Roberts absent) Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected approval by Directors Edwards, Naggar, Washington and Comerchero with Director Roberts absent. 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 At 7:27 P.M., the Community Services District was formally adjourned to 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. Jeff Comerchero, President ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] CSD Action Minutes 072214 1 Item No. 15 Approvals City Attorney Finance Director City Manager -"4. TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: August 12, 2014 SUBJECT: Sponsorship Agreement with Safe Alternatives for Everyone, Inc. (S.A.F.E.) PREPARED BY: Mylene Waterman, Administrative Assistant RECOMMENDATION: That the Board of Directors approve the Sponsorship Agreement with Safe Alternatives for Everyone, Inc., in the amount of $10,000 cash and approximately $1,200 of in-kind facility rental fees, so that S.A.F.E. can provide our community with quality services for children, youth, and families who have experienced or are at risk of abuse and violence. BACKGROUND: The City of Temecula has been sponsoring S.A.F.E. for the past eleven years to assist in their providing social services to members of our community. Their mission is to serve children, youth and families affected by or at risk of abuse and violence in our community. In the last year, S.A.F.E. served 1,486 clients through their programs listed below: • Case Management — Families presenting to S.A.F.E. receive case management for a period that is designated by each family's unique needs. Some case management services are intensive and require multiple meetings and services over several years to address family crisis, while others are less intensive requiring 3-6 months of services. • Basic Needs Assistance — This service provision has proven to be a keystone in the agency's service delivery, because these basic needs address and alleviate immediate family needs such as food, gasoline, emergency hotel stays and critical childcare/medication, etc.. S.A.F.E. has seen an increase in the need for these types of services along with assistance to make the next steps towards family safety. Financial assistance is also available via the Southwest Family Justice Center through their staff housed at that facility. • Resource and Referral — S.A.F.E. provides appropriate resources and referrals to all callers requesting services regardless of issues they are presenting. There are times when S.A.F.E. is not able to provide a direct service; however their trained staff is able, through client assessment to ascertain their needs and then direct them to resources within our community. S.A.F.E. realizes that accessing services can be difficult and frustrating, and they offer options to clients that they may not have considered in maneuvering through the social services network of help. • Family Justice Center — This is the primary location where victims of domestic violence are able to receive comprehensive crisis services from multiple agencies under one roof. S.A.F.E. has a designated staff person on site to assist clients with restraining orders, court accompaniment, case management, shelter referrals and placement. S.A.F.E.'s service provision also extends to offer a 10 -week domestic violence education group for victims. Their goal is to assist victims in safely making decisions for themselves and their families, so that returning to the abuser is not a viable option. • Parent Project — This parenting program is designed for families with challenging pre -teens and teens that are actively engaging in "at risk" behaviors such as drug and alcohol use, school truancy and teen dating violence, to name a few. S.A.F.E. staff partners with the Temecula Police, to offer this program two times per year. In return for all the services mentioned above, the City is providing the following: • Cash in the amount of ten thousand dollars ($10,000). • Use of the city's Conference Center or Community Recreation Center (CRC) for 4 meetings at 5 hours each for an approximate in-kind value of $1,200 FISCAL IMPACT: Funds for Safe Alternatives for Everyone have been appropriated in the Fiscal Year 2014-15 Community Services operating expenditure budget. The in-kind rental in the amount of $1,200 can be absorbed in our Fiscal Year 2014-15 Community Services operating revenue budget. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND SAFE ALTERNATIVES FOR EVERYONE, INC. THIS AGREEMENT is made and effective as of this 12th day of August, 2014, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Safe Alternatives for Everyone, Inc. (S.A.F.E.), 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 and provide social services from a city -owned facility located at 28910 Pujol Street, Temecula, California. b. S.A.F.E. is to provide family case management, referral and resources support, public education workshops, family assessment and teen violence prevention. c. The funds are to be used to offer needed services for the citizens of the Temecula Valley dealing with violence, abuse, and the threat of violence and abuse inflicting great harm on children and the community as listed in Exhibit A. 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. CONSIDERATION a. The City of Temecula shall provide the Nonprofit with in-kind promotional services at an amount not to exceed exceed $1,200 as listed in Exhibit B. b. The City of Temecula shall also provide Community Support Funding in the amount of ten thousand dollars ($10,000) cash which will be allocated to fund the services provided to our community members in need. c. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 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: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City 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. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Safe Alternatives for Everyone, Inc. (S.A.F.E.) Attention Melissa Donaldson, Executive Director 28910 Pujol Street Temecula, CA 92590 (951) 587-3900 10. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 11. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 12. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES SAFE ALTERNATIVES FOR EVERYONE, INC. DISTRICT By: By: Jeff Comerchero, TCSD President Melissa Donaldson, Executive Director ATTEST: By: By: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: Rhonda Reinke, President By: Peter M. Thorson, City Attorney NONPROFIT Safe Alternatives for Everyone, Inc. Ms. Melissa Donaldson, Executive Director 28910 Pujol Street Temecula, CA 92590 (951) 587-3900 www. s of efa m i l l es ca. o r PM Initials: D Date: J/ EXHIBIT "A" SERVICES PROVIDED BY S.A.F.E. WHICH BENEFIT THE TEMECULA VALLEY COMMUNITY In exchange for the City's Community Support Funding in the amount of $10,000 in cash and $1,200 for in-kind city facility use, S.A.F.E. shall provide the following benefits and services for the citizens of the City of Temecula. • Case Management — This service is provided to every family that comes to S.A.F.E. for assistance. Each family receives an assessment to determine the issues and needs of the family as well as on-going sessions with the Family Care Coordinator. The service coordination provided to be invaluable to the families who were struggling with multiple issues and unable to identify services they needed to alleviate the abuse and violence affecting their family. • Temecula Police Activities League ("PAL") — This program serves over 100 youth with recreational and educational programs. A new program PAL started was the "Making Choices" component. This program provides three months of instruction helping middle school youth learn to make healthy choices in their school and home lives. PAL also started a Youth Leadership component for young people who may not habe ever had the opportunity to learn and participate in a leadership role. Other activities were deep sea fishing, art camp, beach camping, mountain camping, walk -run club, etc.. • Basic Needs Assistance — SAFE budgets over $10,000 to provide direct financial assistance to families who are struggling to make ends meet. Financial assistance is provided to clients who are committed to working with SAFE to improve their families and eliminate abuse and violence. Emergency child care funding is available to women who need to re-enter the work force after leaving a domestic violence relationship, utility assistance, emergency shelter, college entrance fees, gift cards for diapers and formula, and the list goes on. • Anger Management — This 12 -week curriculum is for young people who have been identified by the courts, schools, and their families as having made poor choices due to their inability to control their feelings. • Youth Violence Prevention Services — The services provided for helping these youth include one-on-one sessions with our Youth Services Specialist, anger management, supervised community service opportunities to teach youth to give back, restitution sessions for those who have committed a low-level crime, to teach them the repercussions of their actions on the victims, among other services. • Resource and Referral — SAFE provides many families resources throughout the county. No matter what the need, SAFE will research the available resources to help that family find what will help them, whether it is a service SAFE provides or not. We will not be just one number families have to call in their search. SAFE wants the phone call to them to either be the last or be the oine that helps. EXHIBIT "B" IN-KIND SERVICES 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 Safe Alternatives for Everyone, Inc. services is as follows: Item Value Four 5 -hour rentals at the Community Recreation Center or Conference Center at no charge. $1,200 The Community Support Funding of ten thousand dollars ($10,000) cash will help fund the services provided by S.A.F.E. as listed in Exhibit A. Item No. 16 PUBLIC HEARING 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: August 12, 2014 SUBJECT: General Plan Amendment, Zone Change to PDO (L - Low Density Residential and OS — Open Space), Tentative Tract Map 36479, Home Product Review, and Mitigated Negative Declaration under the California Environmental Quality Act for Arbor Vista in Nicolas Valley (Planning Application Nos. PA12-0131, PA12-0132, PA12-0133, and PA12-0134) PREPARED BY: Matt Peters, AICP, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM VL -VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO FOR CLUSTERING AND OPEN SPACE; A TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0131, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL AND OPEN SPACE (OS) ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0132, ADDING SECTIONS 17.22.254 THROUGH 17.22.266, INCLUSIVE, PDO -13 ARBOR VISTA PLANNED DEVELOPMENT OVERLAY, TO CHAPTER 17.22 OF THE TEMECULA MUNICIPAL CODE AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO -13, ARBOR VISTA PLANNED DEVELOPMENT OVERLAY DISTRICT) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT AND OPEN SPACE ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (OS) (APNS 919-350-017, 018, 019, 020) 4. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0133, TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 GROSS ACRES INTO 83 LOTS AND ASSOCIATED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) 5. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0134, A HOME PRODUCT REVIEW APPLICATION FOR ARBOR VISTA LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) SUMMARY OF ORDINANCES: The ordinances consist of a General Plan Land Use map change from Very Low (VL) Density Residential to Low (L) Density Residential and Open Space (OS), and a Zoning Map and Text Change from Very Low (VL) Density Residential to Planned Development Overlay (PDO) based on the standards of the Low (L) density residential with provisions for cluster development and Open Space (OS) for the jurisdictional waters and associated habitat to be preserved in its natural state. BACKGROUND: Nicolas Valley Public Informational Meetings and Community Survey The project site is located in the northwest corner of the City of Temecula, often referred to as "Nicolas Valley." This area is in transition from a rural setting characterized by large lots, modest homes, horses, and dirt roads to a more suburban setting as evidenced by two new churches, a Southern California Edison substation with nine new 100 -foot high tension power line cables, and recently approved Walcott Estates, consisting of 45 homes clustered on 22 acres. Furthermore, Roripaugh Ranch surrounds Nicolas Valley to the north and east and will contain approximately 2,000 units, a sports park, middle and elementary schools, and a neighborhood commercial site. This area is under construction and includes improvements to Nicolas Road, which will further change the character of the Nicolas Valley. During 2008 and into the spring of 2009, staff held several public informational meetings and worked with the residents of Nicolas Valley on the potential formation of a Community Facilities District (CFD) for road construction in the area of Nicolas Valley off Liefer Road, and potential General Plan and Zoning Changes in the larger Nicolas Valley area. A survey was developed and sent out with questions regarding potential lot sizes and densities in four distinct planning areas. Potential lot size options for each planning area included 2.5, 1.0, 0.75., 0.50 acres and other. Overall, the response rate to the survey was just over 60% (146 surveys mailed and 90 responses) and the attached exhibit to the staff report, "Nicolas Valley Proposed Densities," reflects the preferred density based on the survey results, input of local residents, numerous public informational meetings, and staff recommendations. This planning effort culminated in the recommendation for one acre density, and 0.5 acre net density in Planning Area 2. Due to the economic downturn, there was a mutual decision between the City and Nicolas Valley residents to postpone any action on the CFD formation and the General Plan/Zoning changes. However, it is important to note that this project, referred to as Arbor Vista, is consistent with the results of this planning process. Arbor Vista is located in Planning Area 2, which is recommended to develop at a 0.5 acre density with clustering, given this area's location between a major thoroughfare (Nicolas Road) and rural development to the south (Meadowview) in order to provide a transition from low density to higher density residential development. General Plan Amendment and Growth Management Plan The General Plan Amendment involves a Land Use map change from Very Low (VL) Density Residential to Low (L) Density Residential and Open Space (OS). The project site is located in the Nicolas Valley Rural Preservation Area, which calls for large lot, low density residential development. However, this property is adjacent to LM - Low Medium Residential Zoning to the north, south, and east, and has frontage along a major arterial, Nicolas Road. Also, while property immediately to the south is zoned VL - Very Low Density Residential, this project preserves open space immediately adjacent to provide a transition from rural to suburban development. The design of this project is intended to provide a transition between LM and VL development via a cluster/conservation development based on the Low (L) Density residential designation, which will result in the preservation of approximately 39 acres of open space on the 73 acre site. The site design will balance development and the preservation of open space in order to meet the goals of rural preservation in this area. In addition, the General Plan states that, "the Low Density Residential designation provides for single family detached residential development on larger lots; however, clustering of development may be appropriate to minimize grading requirements and impacts to environmentally sensitive areas." Furthermore, the design of the project provides benefits as part of the cluster/conservation development including additional trails and open space, and preservation and enhancement of natural habitat. The purpose of the Growth Management Plan (GMP) is to promote orderly growth and development based on the City's ability to provide adequate public facilities to ensure high quality of life is sustained. Under the policy to "Redirect Urban Development to Urban Areas," a goal is to "direct the Planning Commission to consider approving residential projects at the lowest allowable density in each density category. The Commission may consider approving a project above the lowest density if the project provides onsite or community amenities." As proposed, the Planning Commission found the project consistent with the Growth Management Plan because it is consistent with the Nicolas Valley Lot Size Option Survey, and includes over 50% open space. The project also includes several amenities, including high quality, four-sided architecture, split rail fencing and stone pilaster consistent with the Nicolas Valley Design Guidelines, north -south and east -west trail connectivity throughout the site, and a splash pad/park along Nicolas Road. All amenities, including the splash pad/park, are privately maintained and open to the public. Zone Change to PDO The Zone Change to a PDO involves 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 and Open Space (OS) with provisions for a cluster development. The PDO outlines the requirements for the cluster development based on the plotting and architecture proposed as part of the Home Product Review application. Tentative Tract Map 36479 The map will create 83 single-family lots on 73 gross acres, resulting in a density of 1.13 dwelling units per acre, which is consistent with the proposed Zone Change and General Plan Amendment from VL - Very Low Density Residential to L- Low Density Zoning that allows 0.5 to 2.9 dwelling units per acre. The subdivision has been designed as a cluster/conservation community in an effort preserve habitat and a blue line stream, and to provide additional trails and open space. Approximately 39 acres will be preserved as permanent open space, a majority of which will be located on the south side of the project providing a buffer between existing and proposed residential development while preserving habitat. In order to provide the open space, the homes will be clustered on 5,500 square foot lots (55' wide x 100' deep), which translates to a 0.12 acre minimum lot size. These lots will accommodate the proposed 2,300 to 3,500 square foot homes while providing 5' side yard, 20' minimum rear yard, 15' front yard setbacks to porches, and 20' setbacks to the garage doors. Access to the site will be provided off Via Lobo via two gated entries. The layout is tiered on an existing hill to minimize grading and take advantage of views and the topography of the site. The project will be conditioned for street improvements to Nicolas Road and Via Lobo. All of the open space, trails, and fencing along Via Lobo will be maintained by a Home Owners Association (HOA). The trail network will provide east -west connectivity between Via Lobo and property to the east, and north -south connectivity via a Metropolitan Water District easement in Nicolas Valley to Roripaugh Ranch and beyond. Access to the trails is open to the public and not restricted to residents only, thereby providing a community benefit. Home Product Review Application The project proposes four floor plans and three architectural styles. The architectural styles include Spanish, Craftsman, and Traditional which are intended to blend with existing architectural styles in the area, while taking advantage of the rural theme for Nicolas Valley. The project includes a variety of building materials and colors for each of the three elevation styles. The color variation, stucco, siding, stone, and brick materials serve to break up the massing of the two-story units. The variation of material and colors also helps individualize each home and create character in the neighborhood. Mitigated Negative Declaration per CEQA (MND) Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, a Mitigated Negative Declaration has been prepared for the project. Mitigation was included to address potential impacts to Air Quality (during construction), Biological Resources (surveys to avoid breeding season), and Cultural Resources (monitoring to avoid/preserve paleontological and archeological resources), Hazards and Hazardous Materials (French Valley Airport Overlay), Noise (during construction), and Transportation and Traffic (right turn overlap phasing and fair share contributions to intersections improvements). Planning Commission Recommendation The Planning Commission recommended approval of the project and associated applications on May 21, 2014. The vote was 4-0 with Commissioner Ron Guerrerio absent. There were two speakers in favor, and two in opposition to the project. FISCAL IMPACT: The City commissioned David Taussig and Associates, Inc. to prepare a Fiscal Impact Analysis of the projected recurring fiscal impacts to the City's General Fund as a result of the development of the project. For the development of the additional 54 units above the 29 units allowed under current zoning, there will be an estimated $1,115 per year deficit on the City's General Fund ($20.65 per house). While these additional 54 units have a minimal direct impact on the City's General Fund, in that the revenues they generate will be virtually identical to the costs of services provided, it should be clarified that the analysis uses a blended expected home sales price of $538,000 per the market study that an outside consultant conducted for the developer. Recent sales data in Roripaugh would suggest a more conservative sales price closer to the low to mid $400,000 range for these units. If the lower sales price were used in the analysis, the fiscal impact to the City's General Fund would be slightly more than the $1,115 per year estimate. Furthermore, there is an additional acknowledgement that should be factored into measurement of the project's impacts on the City. As designed, the project will fund the construction of a new splash pad, park, and trails that are all open to the public, as well as pay for the maintenance of these additional new recreational facilities in perpetuity. As a result, the Homeowner's Association ("HOA") will be expending approximately $27,300 per year for park and landscape maintenance services. This will not have a direct impact on the City's General Fund. ATTACHMENTS: 1. Vicinity and Aerial Maps 2. Plan Reductions 3. Resolution — Mitigated Negative Declaration (MND) 4. Ordinance — General Plan Amendment (GPA) Exhibit A — Proposed General Plan Designation Map 5. Ordinance — Zone Change (ZC) to Planned Development Overlay (PDO) Exhibit A — Planned Development Overlay 6. Resolution — Tentative Tract Map (TTM 36470) Exhibit A — Draft Conditions of Approval 7. Resolution — Home Product Review (HPR) Exhibit A — Draft Conditions of Approval 8. Initial Study 9. Mitigation Monitoring Program 10. Public Correspondence 11. Agency Comments on MND 12. City Response to MND Comment Letters (SCE, USFWS, CDFW, and Kurt Campbell) 13. Nicolas Valley Proposed Densities 14. Fiscal Impact Analysis prepared by David Taussig and Associates, Inc., July 9, 2014 15. PC Staff Report of May 21, 2014 City of Temecula PA12-0133 0 500 1.000 2,000 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification, The Geographic Information System and other sources should be queried for the most current information, This map is not for reprint or resale. Feet ARBOR VISTA TENTATIVE TRACT NO. 36479 CITY OF TEMECULA, CA TYPICAL STREET SECTIONS ISCOLAS ROAD rum ALE R RHEA VM* ON1•110. -'•• t• Esq.. neorm, man. A R O 1 E STREETS E C STREET EAST Of E SHEET 1,01111.111 MEL. PORTION OF C WF -9T OF E STREET most LOT AREAS MrM E-Prm..,.•101IIMITT1 Ern sE±ttm110MEE1.F, :: In Kra nM71010,1,111 !Prima . 17171 M-0111[Eaf•MENT-• ren f•polk EC/ ln AI 1.s11 rc111 R1ltnil eCrT1.TP1 012101PVi E,1»R9 RESIDENTIAL GROSS, NET & AVERAGE AREAS .1 STREET OMIT EXISTING EASEMENTS fir.. n,.....v..ro ...® PROPOSED EASEMENTS Uonnn LEGEND /11P4101. 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I PREPARED FOR: APPLICANT: REOEMP PROPERTIES PREPARED BY: SITE PLAN TENTATIVE TRACT 36479 APRIL 09.1019 1 PI.AN2 >F PLAN 3 TRADITIONAL CRAFTSMAN PLAN d PLAN I SPANISH CRAFTSMAN PLAN 2 TRADITIONAL PLAN 3 SPANISH 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 Ca W M/ 1 2014 PLAN 4 ► PLAN I PLAN 2 +` PLAN 3 SPANISH CRAFTSMAN CRAFTSMAN TRADITIONAL FRONT ELEVATIONS ARBOR VISTA Tract# 36479 Temecula, CA PLAN TRADITIONAL KEVIN L. CROOK1 ARCHITECT INC.a 1360 Reynolds Ave.., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 L. Wm .11 jr':iE■:■'.' . LE Il Mill •i 0I L, MOM 11108 �,rlllllllhi, .- h 11; ������ www „wllriwr. {ui f1.i i uv. ..t.,1 . alPh ii■i1I•€ PLAN f SPANISH air M■■ PLA CRAFTSMAN r■ii �i 61:11. FLA TRADITIONAL LA 4 SPANISH CRAFTSMAN ar i ■. -n - i� i m .. NMI ■. �!1L�Ir���■ 11 "�. Mr: userf. T,..1jmllf}� ww nuiiirrrur u�in ■ awllr • c mfnnrnlllldnurllllurillL I111llrLU11m001IrI1mIQ 101. 16 i H. Il , • 1u PLAN 2 TRADITIONAL PLAN 3 SPANISH 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 Pw Ore M 14 10I.1 1 PWL - rree.. •1 PL:1 CRAFTSMAN •••ft-wwrnwlniuwAu iiwl I I Al VI ■■ PLAN 1 TRADITIONAL PLAN 2 SPANISH REAR ELEVATIONS ARBOR VISTA Tract# 36479 Temecula, CA PLAN 3 PLAN CRAFTSMAN TRADITIONAL A1.0 (3) KEVIN L. CROOK I ARCHITECT I NCS 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1887 1 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2. 2013 1+44 44.4. plc. 01, 7818 FN?.x4j12016J44441 Ultra -'Yaps >'•1 NS01.8I.2N FLOOR PLAN PLAN1 ARBOR VISTA Tract# 36479 Temecula, CA AREA TABULATi41N {ON.11r1r1u00Ps0 FLOOR AREA LOLAL 1194ELL.10 6+,n1N0II1PSi11NAOb •p., i<.". le 0 V 2318 50 FL 2318 50 81 419 50 R. 30 SO FT KEVIN L. CROOKII ARCHITECT t INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phatse: 949-660-1587 1 Ift* SPANISH CARRIAGE LIGHT OR EQUAL SPANISH ROOF PLAN ROOF PITCH 4:12 U.N.O. 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 AK Old&9-9$,7x11 ndue - r CRAFTSMAN CARRIAGE LIGHT OR EQUAL CRAFTSMAN ROOF PLAN ROOF PITCH 4:12 U.N.O. PLAN 1 ARBOR VISTA Tract# 36479 Temecula, CA TRADITIONAL CARRIAGE LIGHT OR EQUAL TRADITIONAL ROOF PLAN ROOF PITCH 6:12 U.N.O. A1-2 KEVIN L. CROOK ARCHITECT 5 _INC. e 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 RIGHT ELEVATION Nl I KNRrtlII KNY(I KOLL, - "SPANISH" NN11It 11111111'K(II111 's' 11 PI ([1\C R1 I I KIKR u'NIA S11v�11, 141A " ,w51 stll4too,i N1111t1 IW"IANnKls 411111VAN111NrinM PI A\K 1111 %MIT. R'\IAstKI I Rs1 s11MPl\(.FII1\IAYIR fills, 1.1: AI t !sr, t.1R1I 1,,\0\IA+IR t t'Hs1 AIIRI K >111111\1YII SP1111H Ill AIsRM:INR"t 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job !': 12038 Dole: Dec 2, 2.013 LEFT ELEVATION PLAN 1 SPANISH ARBOR VISTA Tract# 36479 Temecula, CA FENCE I.IN1 REAR ELEVATION FRONT ELEVATION A1-3 KEVIN L. CROOK ARCHITECT" INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 OPTIONAL PATIO PARTIAL RIGHT ELEVATION REGENT PROPERTIES 11990 Son Vicente Blvd , Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 FENCE LINE OPTIONAL PATIO OPTIONAL PATIO REAR ELEVATION PARTIAL LEFT ELEVATION PLAN 1 SPANISI-I ARBOR VISTA Tract# 36479 Temecula, CA A1-4 KEVIN L. CROOK' INC. Y 1360 Reynolds Ave , Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 1 1 RIGHT ELEVATION wam F (r 4r+i• aural ur6llF gummy pofs. las "CRAFTSMAN +i r 11.1110111'FHR1. 11'M'1I %1I1IT. W41 fila MAA Ia 1\%14 •.•11IM 1I111YrY l.A\!Y[Y Y'ILR. i44 L 1% 0' .10, Nf 1,01%011f1,MIIWA 1.4.110, 4.11YW Illb 1. a1N11aXIw4 IUI11 kIOIM'\.II%r N1111u 1111.014%• ii W.N1ltll'lall W A Whirl .{4W,♦Y AN, pll1., W i11i1 NSGgM.YLI L4114 f�rM h'm t i \'llli —_i 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job 11: 12038 Date: Dec 2, 2013 LEFT ELEVATION PLAN 1 CRAFTSMAN REAR ELEVATION ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A1-5 KEVIN L. CROOK5 ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 I OPTIONAL PATIO PARTIAL RIGHT ELEVATION 0 REGENT PROPERTIES 11990 San Vicente Blvd , Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Dote: Dec 2, 2013 ETN( LINE FENCE INCFI? LINE LINE OPTIONAL PATIO OPTIONAL PATIO REAR ELEVATION PARTIAL LEFT ELEVATION PLAN 1 CRAFTSMAN ARBOR VISTA Tract# 36479 Temecula, CA. A1-6 KEVIN L. CROOKI1 ARCHITECT INC. s 1360 Reynolds Ave„ Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 (EMI 1.1111 1 ENUL RIGHT ELEVATION "TRADITIONAL _ II I LAT, AILT1 PR11.I RV,If RINN TILL NALL, WOOD '10.1\I S1111111lVIII 11NA1 [ SII,1A1111• IA,1 ,111,1 MLA. 1.1'[AA1S AND NAI.IS Ul:1 II PANT IIN INININN L0111,IRI f1 f1 P1 ,110111RSIAS 1N El .1 111X1/11,1 \1 I \I'..1111u.1A\11l OIS.I NIIK VI ./11 IASINYl1N.S1 kN1111N011NN 11 N11AL 1,111L x111 T11SN MP.IM. O111L WWI IRK 41,11 RLQ .1.114 REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job (E: 12038 Date: Dec 2, 2013 LEFT ELEVATION PLAN 1 TRADITIONAL REAR ELEVATION ARBOR VISTA Tract# 36479 Temecula, CA .1 ils,14 Iti i J' i;sS l��l1t11Z�FI FRONT ELEVATION A1-7 KEVIN L. CROOK ARCHITECT ? INC. 1360 Reynolds Ave,, Suite 110 Irvine, CA 92614 Phone: 949-660-1587 J 1 1 OPTIONAL I'ATIO PARTIAL RIGHT ELEVATION REGENT PROPERTIES 11990 San Vicente Blvd , Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Dole: Dec 2, 2013 OPTIONAL PATIO REAR ELEVATION PLAN 1 TRADITIONAL ARBOR VISTA Tract# 36479 Temecula, CA OPTIONAL PATIO PARTIAL LEFT ELEVATION 1 A1-8 KEVIN L. CROOKI1 ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 r 1 st FLOOR PLAN 'B' &'G 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-606-9800 Job #: 12038 Date: Dec 2, 2013 rw o.: pe 04. 'A71J .y117,re1 k 93 r BATH] .14.41 GYrrAT1H GREAT 80014 UmRRi5 HALL 4106 I ENTRY 1 sl FLOOR PLAN 'A' PLAN 2 ARBOR VISTA Tract# 36479 Temecula, CA ORTCE AREA TABULATION i..,1Rd11A1HA MMM FIRST FLOOR AREA SECOND ROOK AREA TOTAL DULLING 1:Arkik OIF•FA11ApM7 1714 so. FT 1472 50. FT 3176 S0 FI GRACE 70766 "A', 'B' & '6" 649 50 FT 139 50 Fr A2-1 KEVIN L. CROOK1 ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 h f OPTIONAL LOFT OPTIONAL BEDRM./BATH 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 rw1 0156 066 44. NU 041. B6CK M 010651 HALL w11 2ND FLOOR PLAN PLAN 2 ARBOR VISTA Tract# 36479 Temecula, CA AREA TABULATION [.r1NINI6in4V u'x e' 1N5T 11000 MEA 56007,0 01004 MEA TOTAL ONELLNG 1,4470g41B11.441%M1t GARAGE 1714 50. FT 1470 50. FT 3156 50 ET 649 G050. R. 1.19 . f. A2-2 KEVIN L. CROOK I ARCHITECT g _ INC 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 04, SPANISH CARRIAGE LIGHT OR EQUAL 0 REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 Fpl' D4 Oec 04. 2013 P.1ryv,r_lll:NF. 4n.4. 13 eetne - 44. 13\ 00_030.0 SPANISH ROOF PLAN ROOF PITCH 4:12 U.N.O. CRAFTSMAN CARRIAGE LIGHT OR EQUAL CRAFTSMAN ROOF PLAN ROOF PITCH 4:12 U.N.O. PLAN 2 ARBOR VISTA Tract# 36479 Temecula, CA TRADITIONAL CARRIAGE LIGHT OR EQUAL TRADITIONAL ROOF PLAN ROOF PITCH 6:12 U.N.O. I A2-3 KEVIN L. CROOK" 6 _INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 • 1 RIGHT ELEVATION 0 REGENT PROPERTIES 11990 Son Vicente DIvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 120.38 Date: Dec 2, 2013 LEFT ELEVATION ws41r4,1a rnw tee.. "SPANISH" 4 I MLA Lux HMI IL1'A(YIh LOMA. IL NOM kyr, IL'(, ('(T "VI N FOAM Ir I ASISAAILAILL TI 1WINIMS mK(l.1 I l.wu MI PNJ ILL . TAIIv111K(IINIII s".SIIALA AI IN ('K TAI SII S f\ LF til'.:(11II I:AMAI,( IMHTN REAR ELEVATION PLAN 2 SPANISH ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A2-4 KEVIN L. CROOKIE ARCHITECT INC. 1360 Reynolds Ave., Suile 110 Irvine, CA 92614 Phone: 949-660-1587 1 1- I FtLINE RIGHT ELEVATION REGENT PROPERTIES 11990 Son 'Vicente H!vd,, `.Suite 200 Los Angeles, CA 90049 Phone: 310 806-9800 Joh #: 12038 Dote: Dec 2. 2013 LEF I' ELEVATION REAR ELEVATION PLAN 2 SPANISII - OPTIONAL LOFT/ OPTIONALBEDRM,/BATH ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A2-5 KEVIN L. CROOK ARCHITECT _ INC. 1360 Reynolds Ave.., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 FENCE: LIMP RIGHT ELEVATION 0 REGENT PROPERTIES 11990 Son Vicente Rlvd., Suite 700 Los Angeles, CA 90049 Phone; 310-806-9800 Job b: 12038 Dote: Dee 2. 2013 FENCE t INE REAR ELEVATION PLAN 2 SPANISH - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A2-6 KEVIN L. CROOK ARCHITECT INC. .1 ......-.. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 r r_! -1 A IIN1 RIGHT ELEVATION r.crunwa r.E.,rlw 11 Yll 11N1 14111 "CRAFTSMAN vePIIl.,11 el'+nnel' n'I.1,uu xi❑' 001nl[ lau lbH - uutb k I OVA 1ruMfl,11 L%11 IWfAw 1111-4 ,,..1111rti1e1 nom. MI \111hirtti n, uaula1Main.V ,lilln,: /i111.1 I•I% l' 1IInc+' ,l 1l 1. l l%.1. MI I. I U. Id I l l ItAlrl1,11. 10 1.1 w , A y, 0 REGENT PROPERTIES 11990 Son Vicente Blvd , Suite. 700 Los Angeles, CA 90049 Phone: 310-806-9800 Job J/: 12038 Dale: Den 2, 2013 LEFT ELEVATION PLAN 2 CRAFTSMAN 1IN! k 11:4! REAR ELEVATION ,1111111111111 Y11Y 11^�wlw l• rIN Ir ,l 111W w 111,`Lt ���!I m- ••,410.1 „ L l ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A2-7 1 KEVIN L. CROOK" INC. a IRre4 w wel„e..l 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660--1587 1 1 RICHT ELEVATION LOW trf A1192.+1 _ nuAope5i(o. "CRAFTSMAN KIM I 121'4111MM ,11A1,1,1 1,l111:11,1<raff I S NI 1,11,1,4 .^,1:11111,111111111SIASINt.111S1 ILN I IISi NO00141,1,1,11.11,. Int •11 I 11,1111 SIMI 1111 °ARAM 1101111 ;4: r o REGENT PROPERTIES 11990 Soil Vicente ';:iite 200 Los Angeles, CA 90049 Phone: .310 806 9800 Job II: 12038 Cote: Due 2. 201.3 LEI' I. ELEVATION REAR ELEVATION .41 PLAN 2 CRAFTS MAN - OPTIONAL LOFT/ OPTIONAL BEDRM./BATH ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A2-8 KEVIN L. CROOK ARCHITECT INC. 1360 Reynolds Ave„ Suite 110 Irvine, CA 92614 Phone' 949-660-1587 • 1 r FENCE: LING RIGIIT ELEVATION 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310 806 -9800 Job #: 12038 Dote: Dec 2, 2013 1 FENCE. LINE REAR ELEVATION PLAN 2 CRAFTSMAN - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A2-9 KEVIN L. CROOK ARCHITECT - INC. $ 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949 660 l''87 1 hINC1 [r9c RIGHT ELEVATION 0 REGENT PROPERTIES 11990 Safi Vicente F3Ivd., Suite 200 L. os Angeles, CA 90049 Phone: 310-806-9800 Job //: 12038 Dole: Doc 2, 2013 LEFT ELEVATION "TRADITIONAL nfuu1AI ,iau•,vn,u.rxiu,xan uu 101 �nitn.w�nm,u xi ,1 s11111 1, r UN, 11111. s.ruom+i0,111 xx. xx"Mr rne, tr •, r Ylt.M.1 • xux,k,V r.t, it LI itt, SI VI I: t tinIENta DOUR PLAN 2 TRADITIONAL wort t !hi REAR ELEVATION ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION I A2-10 1 KEVIN L. CROOK F 1 ARCHITECT 1 INC. 8r..,w.+�n.w..w 1360. Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 A2-111 KEVIN L. CROOKg ARCHITECT s INWC. 1360 Reynolds Ave Suite 110 Irvine, CA 92614 Phone: 949-660-1587 RIUIIT ELEVATION w 1 REAR ELEVATION "TRADITIONAL 1!1911111111.•1111.11111 t"x111.11"111111111 •i1.0 amm x1♦ urinr crn 1cnnm s nrruln-19111111,11(.1 eel 111,11171.11.1 u 11x1 114 k.•0x 1111. 1 1 xlnInnisis HIM A 11,1 kh.11 \111•114111 f 1111` RI91111111111RA1111111.Wu11 4l•••Va 0 REGENT PROPERTIES 11990 Son Vieenle Blvd., Sole 200 os Anlcales, 09 90049 Phone: 310-•806- 9800 .Jab //: 12038 Pole: 001: 7, 7013 LEFT ELEVATION PLAN 2 TRADITIONAL AROPTIONAL TT TI�TCA iEAT}I BOR Tract# 36479 Temecula, CA FRONT ELEVATION 1 MT V[ RIGHT I.I5! LINT - RIGHT ELEVATION REGENT PROPERTIES 11990 San Vicente: HIvd., Suite. 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 REAR ELEVATION PLAN 2 TRADITIONAL - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A2-12 KEVIN L. CROOKI1 ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 L 0 REGENT PROPERTIES 11990 San Vicente BIvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Jab 'y: 12038 Dole: Dec 2, 2013 141 Ow,. Ow OF, N19 ti] OETPATR1 OREAT ROOM IST FLOUR PLAN PLAN 3 ARBOR VISTA Tract# 36479 Temecula, CA AREA TABULATION FF1.4WPOP4k1:1 VALI' FAST FL00R AREA FLOOR AREA 18194 5 111.OW vsicivwsianir911fACT GARAGE 1 GARAGE 2 PORCH 1]98 50. FIT 1104 50. 3492 50. Fl 421 50. Fk 195 50. F 29 SO FT. A3-1 KEVIN L. CROOK ARCHITECT g _ INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 OPTIONAL BEDRM./BATH 0 REGENT PROPERTIES 11990 San Vicente Blvd , Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 Axis Doc 04. 2013 Ww. 2ND FLOOR PLAN PLAN 3 ARBOR VISTA Tract# 36479 Temecula. CA AREA TABULATION .rlrrr*R,M FIRST FLOOR AREA FLOOR AREA TOTAL DWELLING 1 !cav1R1F I NM1:11 VW, 1700 50 FT 1704 SO FT 1.92 SO FT GARAGE 1 GARAGE 2 PORCH 421 50 FT. 195 50 FT. 29 S0 FT. A3-2 KEVIN L. CROOK `g ARCHITECT s INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 1 SPANISH CARRIAGE LIGHT OR EQUAL SPANISH ROOF PLAN ROOF PITCH 4:12 U.N.O. 0 REGENT PROPERTIES 11990 San Vicente Blvd , Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Dote: Dec 2, 2013 N,1 Ly. 4 04. 1013 CRAFTSMAN CARRIAGE LIGHT OR EQUAL CRAFTSMAN ROOF PLAN ROOF PITCH 4:12 U.N.O. PLAN 3 ARBOR VISTA Tract# 36479 Temecula, CA TRADITIONAL CARRIAGE LIGHT OR EQUAL TRADITIONAL ROOF PLAN ROOF PITCH 6:12 U.N.O. A3-3 KEVIN L. CROOKIE ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 11111 f: IINI RIGHT ELEVATION 11:11a2I�lmy� ern EE1 REAR ELEVATION "SPANISH IOWA iI:14111110W 1KINll1'5' 1511 CM( (III 1.0 i M'Alts 511:(10 1.140. 111,00 ix.i rx. LI. 1.1v15 AND MAKIN rl. 1p., rr...hr. +4.51,(I•I..nv r�t,i 24ssl m.i •1.1471MI 6.1♦1 ,1 41111 I%1rrOM.11{r. 14I45..51U5• .ii•i r.r.9 111141 ry11llJl UlM FENCE LINE REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Dote: Dec 2, 2013 LEFT ELEVATION PLAN 3 SPANISH j,l1klj ; l ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A3-4 I KEVIN L. CROOKIE ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 I yip LINELI 4F RIGHT ELEVATION REGENT PROPERTIES 11990 Son Vicente AIvd„ Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job N: 12038 Date: Dec 2, 2013 REAR ELEVATION PLAN 3 SPANISH - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA 1111111111 111111111 LINE 1.IA'L LEFT ELEVATION KEVIN L. CROOKII ARCHITECT INC. ft..,. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 tit i.t.tmo...* RIG! rr ELEVATION W141-1=4"' "CRAFTSMAN 14111 1.111111-1,1,11114. ITN 06111111 III I .A111, 1.1.114 110,10,101.11110,0111111, I O. ir At 1 sA•111,1s, kilt I II 1,-.111.111,1xit, IV1.1 II ix PR, 1111111.11., 1,1100.111Ni /AN ill 011,1,1k ,itttlt1 t tit141111,41,11.1111MNAI 11 It liAllAtri. 11,01111 • ..0111111iiims, 11 • OR .114Uie 1111/40,1011 0 REGENT PROPERTIES 11990 Son Vicente 66d. Site 200 Los Angeles, CA 90019 Phone: 310-806-9800 Job 12038 Dole: Dec 2, 2013 LEFT ELEVATION REAR ELEVATION t, PLAN 3 KEVIN L. CROOKI5 ARCHITECT CRAFTSMAN INC. ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION )40 A3i 6 G pfl. AMU,. 1 360 Reynolds Ave, , Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 RIGHT ELEVATION 0 REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Dole: Dec 2, 2013 1 INE i( REAR ELEVATION PLAN 3 CRAFTSMAN - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A3-7 KEVIN L. CROOK ARCHITECT tI INC. a ..e.Nti,,— 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587,1, I L RIGH IT ELEVATION 111 REAR ELEVATION "TRADITIONAL YYNR 111111,1,1-\II'11101 IO,\IHI:II: NI>t rll NIR \,„.1,21•:.1,1,l1111,1,1 ll Lllr 44 It 1M1\II�l lrll\Iklll\\I I\ 11 NIA.. IIAtilk ll,k\1 IM iNI :"1 WI\A\DRAM \ �I11,11\\\IVIMIH\ 111111r IAN ,111'11110,,kl l k\I 1111X1/I l\IAL 1 V 11111\) , ,111.1.1 WWI. II SI I I IA\ I R I I:Itsr N1fAll\\1,,111Cl k\1 Ik1111kn1\11 \111,6,11 Illi k 111 MI \IVII Skll II II IIANAILI Ik Ylk 0 REGENT PROPERTIES 11990 San Vicente F.31vd., Suite 200 Los Angeles, CA 90049 Phone: 510-806-9800 Job //: 12038 Date: Des 2, 2013 LEFT ELEVATION PLAN 3 TRADITIONAL ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A3-08 KEVIN L. CROOKIE ARCHITECT INC._p P.S_ 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 RIGHT ELEVATION 0 REGENT PROPERTIES 11990 Son Vicente Blvd.. Suite 200 Los Angeles, CA 90049 Phone: 310-806 9800 Job #: 12038 Dote: Dec 2, 2013 111111A ream l� � m.1 I q rt I 11'I REAR ELEVATION PLAN 3 TRADITIONAL - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A3-9 KEVIN L. CROOK `g ARCHITECT 1360 Reynolds Ave.. Suite 110 I Irvine, CA 92614 Phone: 949-660-1587 1 0 REGENT PROPERTIES 11990 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 r.R 4d. Mt N. 7015 0.66.3112 j1Lik_g ort. PA10J CREAT ROOM EAM POACH 1ST FLOOR PLAN OIL— — PLAN 4 NOOK .1M11411 UWN'a rwar.r ARBOR VISTA Tract# 36479 Temecula, CA 0 I V 7 RWRM.4 Yf ,• i AREA TABULATION SPH. R,0119.,R1 —51 FLOOR AREA SECOI!D FLOOR AREA 107AL 0*ELLNC R¢nnen R1SFAAFAi�� CUUCE PORCH 2.141 1,5JG 5a 3 711 S0. 11 6115 50. 51 S0. f A41I KEVIN L. CROOK ARCHITECT INC. s 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 OPTIONAL BEDRM./BATH 0 REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 Nw Pon, D44: N. 1611 DVT. DEA: 2ND FLOOR PLAN PLAN 4 ARBOR VISTA Tract# 36479 Temecula, CA AREA TABULATION FnNIN.A . N V 5;1 FlR51 FLOOR AREA SECOND FLOOR AREA 107A1 IMELLWC 1,11E111 VR1r GARAGE PORCH 5 2,14) 50. GT 1,)0 50 FI &ZIT SO F1 619 S0. R. 45 SO FL A4-2 KEVIN L. CROOK ARCHITECT INC. 4.0 •r-••--. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 SPANISH CARRIAGE LIGHT OR EQUAL SPANISH ROOF PLAN ROOF PITCH 4:12 U.N.O. 0 REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 pu w, MU ...,.�5,,111. _- _..b.,,,....d.,1,,1,.25,... CRAFTSMAN CARRIAGE LIGHT OR EQUAL CRAFTSMAN ROOF PLAN ROOF PITCH 4:12 U.N.O. PLAN 4 ARBOR VISTA Tract# 36479 Temecula, CA TRADITIONAL CARRIAGE LIGHT OR EQUAL TRADITIONAL ROOF PLAN ROOF PITCH 6:12 U.N.O. A4-3 KEVIN L. CROOK `g ARCHITECT t _INC. 1360 Reynolds Ave., Suite 110. Irvine, CA 92614 Phone: 949-660-1587 1 RIGHT ELEVATION REAR ELEVATION "SPANISH" I'1101101v 1'NI11111 'A I l 1.1 (11.111 II Nlnll ▪ 1',110 +111111 �Il ltVl N111\11 N.1> N IA 11.1,11AMIVAM4 I'1 Ann 111'1 NMI! IINN1A11N 1 IA, SI U"Pln'I. N11 I! (As 1N W. 111 l A[ 1 1 `4t A 11,i11L1 1 NIS IAN 1 N l LINnl M1111111111SISLOHNII I.S.111111A NII I1L 11111 51.11 III, 1i/0.1111,0N 0 REGENT PROPERTIES 11990 Son Vicente Hlvd., Suite. 700 Los Angeles, CA 90049 Phone: 310-806-9800 Job N: 12038 Dole: Dec 2, 2.013 LEFT' ELEVATION PLAN 4 SPANISH ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A44 1 KEVIN L. CROOK" ARCHITECT INC. 1360 Reynolds Ave Suite 110 Irvine, CA 92614 Phone: 949-660-1587 RIGHT ELEVATION REGENT PROPERTIES 11990 San Vicente Blvd , Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job .H: 12038 Date: Dec 2, 2013 EEN(l FENCE LINE LINT. 111 11i 11I111111I1II1I1II1I 1I ti no RE REAR ELEVATION PLAN 4 SPANISH - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA. LEFT ELEVATION A4-5 KEVIN L. CROOK `g ARCHITECT INC. n 'M. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 RIC iI IT ELEVATION w.rx aeyla. wry r y MI sl "CRAFTSMAN 1.` 1'IIf 1111 e1',1100. 11 PLUI,I x1 II MIM 1111 S11 .11, IIIx1111,IA,Ix0.x,1 %111.11,11.10111 11x,1 11 x'111, 111,11,14.1% Ill1 II 1,61111,1%111111% 1 S111,1110%,%%.(1414 1111AN11k 1,111%.,1111,11 1.4.11111,11111,4%tiW 0,11%11 x,1 W00111.11%,11,111,10,1 A ‘II Inl ,1111 .%1•It 1111 t,%11M11 Ixx1x , \1,) II\'1 0 REGENT PROPERTIES 11990 Son Vicente 91vd., Suite 200 Los Angeles, CA 90049 Phone_ 310-806-9800 Job #: 12038 Dote: Dec 2, 2013 LEFT ELEVATION REAR ELEVATION PLAN 4 CRAFTSMAN ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A4-6 KEVIN L. CROOK ARCHITECT f INC. 2 caw x,x....w....1 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 ■ 1 RIGHT ELEVATION REGENT PROPERTIES 11990 Son Vicente Blvd., suite 2.00 Los Angeles, CA 90049 Phone: 310-806-9800 Job #: 12038 Date: Dec 2, 2013 o le' LIC: REAR ELEVATION PLAN 4 CRAFTSMAN - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A4-7 KEVIN L. CROOK ARCHITECT I INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 RIGI IT ELEVATION -21 le "TRADITIONAL AA.l'MAII• IYPn1114I1[p. Wa" 1111 x',u1s A111,11111In 4.1/4111 r1MAIL N nuuieHmclx lexll IN All 1441n�{A n1"nnNl. Mnl 11A9l U 44111 N pl x I "1\INF" 1,1,1 All, 11 1,011r, 1xNl "11X1, AIn1I,I\SIAtA 0011x1I'Y.�I 11x11 A \'I AI M In] 1x 11X11 ru111NIrA11,11IA11x 11'.X11 , 11 I1\,lnl "II NI IAIIvlIVI IYl111\NI'1111111I\N,U1 Ix NIN EfF91 11 1 0 REGENT PROPERTIES 11990 Soo Vicente RIvd., Suite 700 Los Angeles, CA 90049 Phone: 310-806-9800 Job j/: 17038 Dote: Des 2, 2013 LEFT ELEVATION PLAN 4 TRADITIONAL REAR ELEVATION ARBOR VISTA Tract# 36479 Temecula, CA FRONT ELEVATION A4-8 KEVIN L. CROOK" ARCHITECT INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 1 1 '1111 1.14'1. RIGIIT ELEVATION 0 REGENT PROPERTIES 11990 Son Vicente Blvd., Suite 200 Los Angeles, CA 90049 Phone: 310-806-9800 Job N: 12038 Date: Dec 2, 2013 1..ncr 1. mi OMRuiNg1111 REAR ELEVATION PLAN 4 TRADITIONAL - OPTIONAL DECK ARBOR VISTA Tract# 36479 Temecula, CA LEFT ELEVATION A4-9 KEVIN L. CROOK ARCHITECT E INC. 1360 Reynolds Ave., Suite 110 Irvine, CA 92614 Phone: 949-660-1587 i 0 1"=1000' 1000' PLACEWORKS 10' REGIONALTRAIL/CLASS I BIKE TRAIL - 5' SIDEWALK - 5' DECOMPOSED GRANITE NICOLAS VALLEY MONUMENT CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES DETENTION BASIN 3 RAIL FENCE WITH STONE PILASTERS CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES ID PARKING SPACES FOR PARK r SPLASH PAD WATER PLAY AREA ARBOR VISTA COMMUNITY MONUMENT CONSISTENT WITH NICOLASVALLEY DESIGN GUIDELINES GATED COMMUNITY ENTRY 6' DECOMPOSED GRANITE REGIONAL TRAIL/ CLASS II BIKE LANE (TO BE PRIVATELY MAINTAINED) 3 RAIL FENCE CONSISTENT WITH NICOLASVALLEY DESIGN GUIDELINES GATED COMMUNITY ENTTY NATURAL SLOPE AREA PRIVATE TRAIL CONNECTION FROM STREET C REGIONALTRAIL CONNECTION • • • • ARBOR VISTA COMMUNITY MONUMENT CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES 8' DECOMPOSED GRANITE REGIONAL TRAIL (TO BE PRIVATELY MAINTAINED) JUSRISTICTIONAL BOUNDARY DETENTION BASIN I GO YEAR WATER MARK BOUNDARY CONCEPTUAL PLANT LEGEND &nan<aulame Lrrmnre, rvarne r ,.ire SOICI, na,I Fa;mr 511ntI 11441. S M.3M1f11MMYu Me 004k. rrrer6ar014 ,cry -,Mr lree .4' Da. 40'0( Medlar, huarrla cmnends .hraese Nalame weenrm i R, marl /lo, M dwrn - mohcra (a muFnr Tree 24- Pox Or.^ er.Psniops:>anxardl0Ade> (e,. Medium Flaarus p.Yral M'Naywrr—a 8_1100 Asir 1410"nn Laurin radAls 0411) Bay Mcd,101 lose Roelreuua pan plal. Gu4en RI of 4e l..ed,urn ,Roo canarreova CanaiY l>Iaril P�,.e fhtl,um/Low Paw,i zakerya na Yhanlir reel Lhan4L,etr Pear Medium Cnnese Ema Mnnn,m vS(INT Toil` INaN.r.tin.Vo purple 0 r LIT .ell r ee re'A1. MNx+'ls8. 0660,.,,, 11.4.4 4.10.0. PrOo Pahn Meerum 4ger1eewiawaea Crape Myo le Medium fl i..RrllWuta our N4O. Memum h4-n(>elS4na Paiclioa laurel Cee r,y M_rnurn Walte Ta+a Tn Wa. Ca Vorola Pan Pole, MFdrurn/Low y/p: l*b iloieray Wash neon Fall Polo M._drum LA1401(4PE TREES Auiezia MaaLL i>sin 1,44aree 11611:0 A.ueeiw Memum malleo a.nrala N'eLa ran Blue Pam Medium comae, pr,Nlebrue. 4610,40/Low, (ednl>1e0ora poalar Leda, 040,un, (arms aoademo Eastern Redhu4 Meoi GeileraparOLlcra Ausaran Wncw Med, um /low ✓V , r>weonua eelanMedium Neit ted yphe rides Mel 411100 N aiwn Halanus,.renmsa Ca'.rforria Sycamore Mediu0, Quacw a44io`a Coact Liao oak Low Mao lan.ea 44,1-14 Sumai 411441,4/1414 SOL !us lereLinlhdcru> &az Ton Pe over Ti ea Medium / Low SHRUBS (Seecxpa need Glanlh9 GROUND COVER lave tanan410 plan, lisp v4NEs Ike tap.raled plan, Lsll REGIONALTRAIL CONNECTION 83 LOT ILLUSTRATIVE LANDSCAPE PLAN ARBORVISTA 1 TEMECULA, CA Note:This graphic is an artist's interpretation of the applicelon of the Arbor Vett development standards and Is not to be rakes as the final deign or compulsory 1n namrc. The fln l design shall bo rnoAewed tains thea& graphics as guidance; l owever.nr ia1lons in the placement^ Iucadon. style, maeenals,and colors u expected as allowed In PAP -13. The typo of planes shown shall comply with Section I7.31!.090 of the Temecula Municipal Codo. Tho 88terlor ttsatm6lt of any structures. fence's or monuments may war as allowed in P00.1 3. 401E 4.111014 JOB 028-10L REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 LOS ANGELES, CA 90049 310-806-9800 PLACEWORKS NICOLAS ROAD THEME FENCE WHITE 3 RAIL FENCE / RIVER ROCK VENEER PILASTERS REGIONAL TRAIL / CLASS I BIKE TRAIL 5' CONCRETE SIDEWALK 5' DECOMPOSED GRANITE SPLASH PAD WATER PLAY ARS SHADE STRUCTURES - SHED DETENTION BASIN EXISTING EASEMENT KEY MAP NICOLAS ROAD PARKVIGNETTE ARBOR VISTA 1 TEMECULA, CA NICOLAS ROAD PARK (Public, privately maintained) EXAMPLE OF PEDESTRIAN CIRCULATION WITHIN THE PARK PATH TO STREET "C" DECOMPOSED GRANITE PARKING 10 PARKING SPACES FOR PARK TYPICAL PICNIC AREAS TABLES, BARBEQUE GRILLS EXAMPLE OF POTENTIAL NICOLAS ROAD PARK FURNITURE Note:This graphic is an artist's interpretation of the applicaion of the ArborVista development standards and is not to be taken as the final design or compulsory in nature. The final design shall be reviewed using these graphics as guidance; however, variations in the placement, location, style, materials, and colors is expected as allowed In PDO -13 The species, size, and number of plants shown shall comply with Section 17.32 090 of the Temecula Municipal Code. The exterior treatment of any structures, fences, or monuments may vary as allowed in PDO -13. DATE 04 10'4 106 6L4101 REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 LOS ANGELES, CA 90049 310-U -96M PLACEWORKS KEY MAP SPLASH PAD WATER PLAYGROUND RENDERING 3 RAIL FENCE WITH -- STONE PILASTERS CONSISTENT WITH N ICOLAS VALLEY DESIGN GUIDELINES PICNIC AREA SPLASH PAD WATER PLAY GROUND SHADE STRUCTURES SPLASH PAD WATER PLAYGROUND Note: Rendering images are provided byVortex Aquatic Structures International Inc SPLASH PAD WATER PLAYGROUND VIGNETTE ARBOR VISTA 1 TEMECULA, CA SPLASH PAD WATER PLAYGROUND RENDERING * SPLASH PAD WATER PLAYGROUND RENDERING * SPLASH PAD WATER PLAYGROUND RENDERING* 5011 011120 4 505 G&:01 REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 LOS ANGELES, CA 90049 3111-111-9115 0 PLACEWORKS 4 NI LA D PLAN VIFW PUBLIC PARK (TO BE PRIVATELY MAINTAINED) DETENTION BASIN Note: These shade structure drawings are a pictorial representation of fabric and steel only. None of the required attachment or connection details have been depicted All dimensions and heights must be field verified prior to any final design, fabrication or installation work i. . FINISHED SURFACE FRONT El FVATIQf4 NICOLAS ROAD PARK PLAN 10 PARKING SPACES FOR PARK LOT 91 PU3LIC DAA 6.4 AC. PERSPECTIVEVIEW SHADE STRUCTURE PLAN VIEW AND ELEVATIONS NICOLAS ROAD PARK AND SHADE STRUCTURE ARBORVISTA !TEMECULA, CA RATE 04.11 2014 109 REL -IOL FINISHED SURFACE SIDE Fl EVATION REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 LOS ANGELES, CA 90049 319-999-9999 PLACEWORKS O ARBOR VISTA COMMUNITY MONUMENT RIVER ROCK VENEER CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES O ARBOR VISTA COMMUNITY MONUMENT RIVER ROCK VENEER PILASTER CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES O NICOLAS ROAD THEME FENCE 3 RAIL WHITEVINYL FENCE WITH RIVER ROCKVENEER PILASTER CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES h 0 ARBOR VISTA COMMUNITY THEME WALL RIVER ROCK VENEER WALL CONSISTENT WITH NICOLASVALLEY DESIGN GUIDELINES Note:This graphic is an artist's interpretation of the applicaion of the Arbor Vista development standards and is not to be taken as the final design or compulsory in nature. The final design shall be reviewed using these graphics as guidance; however, variations In the placement, location, style, materials, and colors is expected as allowed in PDO -13. The exterior treatment of any structures, fences, or monuments may vary as allowed in PDO -13. COMMUNITY MONUMENT DETAILS ARBORVISTA 1 TEMECULA, CA 011E 04,1014 105 AL4-I0L REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 L05 ANGELES, CA 90049 310-806-9500 ® PLACEWORKS LEGEND STREET LIGHTING Street lights are located on one side of the street, downward directed, and spaced 120'-170' apart, in accordance with illumination standards of the CALGreen Code, Section 5.106.8. Solar powered lighting is encouraged. CONCEPTUAL STREET LIGHTING PLAN ARBOR VISTA ITEMECULA, CA WTE 01117014 JOB ALG -10L EXAMPLE OF RURAL STREET LIGHTING REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 L05 ANGELES, CA 90049 311-111- 911111 PLACEWORKS • • • • a • •col bra IJ II . ';'tr ' J WALL, FENCE, AND MAILBOX LEGEND SYMBOL DESCRIPTION 4'THREE RAIL FENCE (AlongVia Lobo Road) 6' SPLIT FACE BLOCK WALL (Common side yards) 4' THREE RAIL FENCE WITH STONE PILASTERS (Along Nicolas Road) 3' STONE WALL WITH CONCRETE CAP (At Nicolas Road entry) 6' VIEW FENCE (2' Block wall and 4' wrought Iron fence) 5' 6" VINYL FENCE (Between private yard areas) MAILBOX LOCATION • WALL, FENCE, AND MAILBOX PLAN Note:This graphic is an artist's Interpretation of the appllcaion of the ArborVista development standards and Is nos so be taken as the final design or compulsory in nature. The final design shall be reviewed using these graphics as guidance; however, variations In the placement location. style, materials, and colors is expected as allowed In PDO -13. COMMUNITYTHEME WALL RIVER ROCK VENEER CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES 11 ..I.. 11 MINN NICOLAS ROAD THEME FENCE WHITE VINYL 3 RAIL FENCE / RIVER ROCK VENEER PILASTERS CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES iV ,y PRIVATE YARD VIEW FENCE SANDSTONE COLORED BLOCK WITH BLACK WROUGHT IRON CONCEPTUAL WALL, FENCE, AND MAILBOX PLAN ARBORVISTA 1 TEMECULA, CA 'mi.., 04,20 ,1 Po! IIL4-10L COMMON SIDE YARD WALL SANDSTONE COLORED SPLIT FACE BLOCK A.+ 1 PRIVATE YARD INTERIOR FENCE WHITE VI NYL REGENT PROPERTIES 11990 SAN VICENT BLVD. STE 200 LOS ANGELES, CA 90049 311-111.SIN PLACEWORKS Min. back yard setback Min. back yard setback Min. back yard setback Min. back yard setback -- 20' i 2 Garage Driveway Min. side -entry garage setback TYPICAL LOT SETBACK PLAN ARBOR VISTA TEMECULA, CA STREET 20' i PLAN 4 Garage Driveway Min. front -entry garage setback 20' 5' Utility Easement 4' Sidewalk salt 01117911 !sa 11-1e1 REGENT PROPERTIE3 11490 SAN VICENT BLVD. STE 700 LOS ANGELES. CA 90049 111.1fl 7d m m PLACEWORKS UTILITY EASEMENT LARGE TREE 15 GALLON SHRUBS I GALLON LARGE TREE 15 GALLON UTILITY EASEMENT SMALL TREE 5 GALLON GROUND COVER TYPICAL CORNER LOT STREETTREE 24" BOX GROUND COVER SHRUBS 5 GALLON DRIVEWAY TYPICAL INTERIOR LOT SMALLTREE 5 GALLON STREET TREE 24" BOX CONCEPTUAL FRONTYARD LANDSCAPE PLAN ARBOR VISTA 1 TEMECULA, CA SHRUBS 5 GALLON CONCEPTUAL PLANT MATERIAL LEGEND (lohnlca!!flew Cwrlaiuil Nana I,Slo Sue 0014 Io Plllrl Fas10 STREET TREES: LJ . uwee0gl45.4.a Camphor 1ree 2,1' Box One/ Lot Medium CupaniOasis an•ra,diades Can. wood Medium F,mends exycarpa 'Rayw J,' Raywood Ash Mediuin Lau non l:s et Flay 002001 / 200 Keelrreu a panculata Golden lla,nlree Medium Pinascatearicns,s Canary Island Pine Medium/Low Fhcenx dactyhlera Dale Pnl,,, Medium Py,us calleryana 'Chant Tieer' Chanllcleer Fear Medium UI,rus paivifoaa Chines, Elm Median, WaS5 1404,1 robust, Washington Fan Palm Memhm 'Note: 45 0 C. sparing a,ang,mnel lot sde yards ACCENT TREES: Baah'nia vatiegala Purple Orchid Tree 24' Bax bbi'ea10A WWa,,, la, rstrn a Indica Crap0 Myrtle Medasn, Prnnos Carciiniara Carolina Lau,cl Cherry hted.u,n 5.05DSCAPE TREES: al1lul4R11•44 iWe4 SIIRlrec 1.1'Gan1w Aa Mil. kW Medium n,aheaar,nala Mea,ran Blue Palm Medium Burin cap0ala Pindo Pa'nl Medium callrslemon cllrinus (Oral Boltlobrush Medlum/Low Cedrus 000,1, 1 0000,, Cedar 0cdlum Cercus Lanlaensis Lastern Redbud Medium Genera parwlrora Australian Willow Medium/Lew Llqu,dmnbarslyraclflua 5wc erg.,Medlin Melaleura slypneil^:des Morale,:,M•dl„m Platanusracemoaa California Sycamore Medium Clue., aEnfaaa Coad live ak i ow Rmas'arnea Almcan Sumac Medium / Low lchmm tel ebn,ln,ltir,us 111az,l,an Peppei 1, eu Medium,/Low Wasn,nglonla lililera California Fan Paler Medium/Low SHRIiNS Abuja 'Edward Goechor Pink Abclia 5gallon 2 0 C Miemum Agapenlhus alricanus Liliy-ul•lhe-N l0 l gal'on 2'0 C Medium eac,hans salic,foua Mulelat :;gallon 4't) 0 Medium/Low Cal:stemcn'Little John' No Common Na,ne 5gallon 4'0.2 M.edlunl/Lew Ceanol bus 'Lorvha' 2 ouch, Leanomus Sgallnn '10C Medium/Law Chamaeroes humilis Mediterranean 15 gallon a 00. Fan Palm roam Nowa. Orchid 40,5,0se 1 gallon a'DC 0E21,51 / Inw (Glnrrrgltea 1pargh5Xa Cctor,eaasler 5 gaSon 4'0C Medrum Ctlgalavpawlnlleawsln Ilahan Cyp,ess 15 gallon NA Medium/Law I1*tf swirma14.s Porto ght Lily 1 gallon 200 Medium L¢hOr,.1M 14441% Pride of Madeira 5 gal0n 4' 0 C Meaium / Low 11.14.11.1 C.V. Calif, nia Fuchia 5gal:0n 4'00 Low/ Very Low WnlLw ell;pYty Coast5pklassel 5gallon 4 0C Medium /Low 6r«s.be411901r Grenv,lrea 5ga'lon 50.0 Meaium/Low 1151 141 ode iIPIARBlla Toyan 5 gallon 4' 0 C Medium / Low Hemerocallls nybnd Daylilly 5gallon 2 0 C Med„ml Lavandula Starch. Spanish Lavender 1 gallon 2' 0C Medimn/Low Leptowermum scoparium New Zealand Tea -lee 5gallon 4'OC Medium/Low I eymus condensatus Giant Wild Rye 1 gallon 2' 0 C Medium / Low Leymus r,iticoldes Creeping Wird Rye 1 gallon 2 0 4 Medium Muh'enberg,a rlgem Leer Grass 1 gallon 2' 0 C Medium / Low Nandina donrestica Heavenly Vambbo 5 gallon 4' 0 C Low Nassel!a pulcnra Ferp'e Needle Grass 1 gallon 20.0 Low / Very Low Pyra,anths 'Santa Crus' F;retbem 5 gallon 4' DC Medium Rosmarinus of ficinalls Roiemary 5 gallon 4' 0.0 Medium / Low Salvia cieve!ardll Cleveland Sage 5gallon 4'0C Low / Very Low Salvia leucanlha .Mexican Bush Sege 5gallon 4' OC Medium/Low Salvia spalhacea ridmmingblrnsage 5gallon 5' DC Low/Very Low Slscuobolus aircdes Alkalai 100040n 1 gallon 2' 0.0 Medium / Paw My.usmal:ungeslurn Sf,sy MyIlolna 5gallor, 5'0.5, Medium Note:This graphic is an artist's interpretation of the applicaion of the ArborVista development standards and is not to be taken as the final design or compulsory in nature. The final design shall be reviewed using these graphics as guidance; however, variations in the placement, location, style, materials, and colors is expected as allowed in PDO- 13. The species, size, and number of plants shown shall comply with Section 17.32.090 of the Temecula Municipal Code, The exterior treatment of any structures, fences, or monuments may vary as allowed in PDO -13.. 041E 01111014 100 OLR-1OL REGENT PROPERTIES 11990 SAN VICENT BLVD, STE 200 LOS ANGELES, CA 90049 310-806-9800 0 PLACFWORKS GROUND COVER LARGETREES 15 GALLON SHRUBS 5 GALLON SHRUBS 5 GALLON LARGETREE 15 GALLON TYPICAL PRIVATE SLOPE AREA CONCEPTUAL PLANTING FORA 1,300 SF AREA WITH LI SLOPES IN EXCESS OF B' IN HEIGHT SHRUBS 1 GALLON LARGE TREE 15 GALLON \ - SMALL TREE 5 GALLON GROUND COVER UTILITY EASEMENT TYPICAL CUL-DE-SAC LOT SHRUBS 5 GALLON SMALL TREE 5 GALLON STREET TREE 24" BOX • CONCEPTUAL PLANT MATERIAL LEGEND Caiman Nulr Mlli Did SuiCiti Fyia STREET TREES' -' Medium Camphor free 24' Box One/ Lal Mediu Cupanlopss anaca,dloldes Carrotwocd Medium F,aa,nusoawai pa 'Raywoedi' Raywocd Ash Medium Laurus rwoills Sweet Ray Medium/Low Itoelreutia pamculata Golden Ralnlree Medium Pinus canariensis "nary Island Pine Medium/Low Moen. dactylilera Date Palm Medius, Pyresca,leryana 'Cham,cleer. Chanticleer Pear Medium Upnuspa,nfo'i4 Chinese Elm Medium Washngton,a r00usta Washington Fan Palm Medium 'Note: 45 0C spac,ngalong corner lols'de yards ACCENT TREES' Bauhi,r,a vat iegala Purple Orchid Tree 24' 0.8 As Indicated Whim la-uerslom,a Innl:a Crape Myrtle M.:sium Prunus Ceroliniana Carolina Laurel Cherry 544452.0, LANDSCAPE 08510: 4°bem11.0mairwr Silktree 150.111., AM1SWrcely'4 Medium Rmhea armata Me0can Nue Palm Medium Outla capitata Pindo Palm Medium Calllslemen cltrinus Crimson eoulebrush Medium/Low Codrus deodora Deodar Cedar Medium Cercus Canadencis Lastern Redbud Medius, Seliera parnllora Auslrallan Widow Medium / Low L,qu;dambarslyraclllua SWedtgum Mellon) M!Ialeaca slyphehodes Melaleuca Menium Plxtanusracemosa California Sycamore Medium lluercus agriln,la Coast the rak low Rhus. lances African Sumac Medium / Low Slh,l,us lerebnlhihiius LNa,il,ao Pepper T,ee .Medium/Low Wash'ngtanla lilllera Calilunia Fan Palm Medium / Low SNRS✓0S Ree05140451,045o404s, Pink Abelia 5gallon 20C Medium Agapar,lhusafkenos Lillyol.lhe-Nile 1 gallon 2'02 Meoium Ikccharlssalic,fo,la Mulelat 5 gallon 4'0C Medium / Low Callistemon tittle John' No Common Name 5 gallon 4' 0 C Medium / Low Ccanolhus 'Concha' Concha ceanothus 5gallon 4'0C Medium/Low Chamaerops humid. Mediterranean 15 gallon 6'0C Fan Palm C,scus purpureus Orchid 00,2,0se 1 gallon 2'0 C Medium / 1002 Cdtoneaster horhonlalis Cotoneaasler 5gallon 4'0 C Medium CupressussumpervIrens Italian Cypress 15 gallon NA Mecham/Low [Metes grandllicm Fortnght Illy 1gal,nn a 0C Medium Echium candicans Pride of Madeira 5 gallon 4'0C Medium / Low EpSob,um cavum California Fuchia 5gah,en 4'0C Low/ Very Low Garryaelllptica Coast Si,ktasscl 5 gallon 4'0C Medium/Low Grenvlllea 'Noelll' Grenville. 5 gallon 4' 0 C Medium / Low Hetercineles arbutilalia Teyo0 5 gallon 4' 0.C. Medium / Low Ilemerocallis hybrid taylilly 5 gallon 2' OC Medium Lavandula 110000as Spanish Lavender 1 gallon 2' 0,C Medium / Low Leptospermu,n scopanum New Zealand Tea Tree 5 gallon 4' ChC Medium / Low Leyrnus cnndensatus Giant Wild Rye 1 gallon 2' 0 C Medium / Low Leymus 0,1110oldes Cheeping Wild Rye 1 gallon 2' 0 C Medium Muhienberg,a r,gens Deer Grass 1 gallon 2' 0 C Medium / LOW Banana domestica Heavenly Bamboo 5 gallon 4' OC LoW Nassella pulcnra Purple Needle Grass 1 gallon 2 0 C Low / Very Low Pyracantha 'Santa Crui Fireth.rn 5 gallon 4' 0.0 Medium Rosmarinus ofnc104111 Rosemary 5 gallon 4'O.0 Medium / Low Salvia cleve!andil Cleveland Sage 5gallon 4' 0 C Low/ Very Low Salvia 1011140 ha Meaican Bush Sage 5 gallon 4' O.C. Medium / Low Salvia spalhacea hummingbird Sage 5gallon 5' OC Low / Very Low Sporobolus airc;des Alkala, sacalo0 1 gall. 2' 0-C, Medium / Low xvicsuna congeslum 5h,ny xylosma 5 gallon 5' O.C. Medium Note:This graphic is an artist's Interpretation of the applicaion of the ArborVistaa development standards and Is not 10 be taken as the final design or compulsory in nature. The final design shall be reviewed using these graphics as guidance: however, variations in the placement, location, style, materials, and colors is expected as allowed in PDO -13. The species, size, and number of plants shown shall comply with Section 17.32,090 of the Temecula Municipal Code, The exterior treatment of any structures, fences, or monuments may vary as allowed in PDO -13. CONCEPTUAL FRONTYARD AND PRIVATE SLOPE LANDSCAPE PLAN ARBORVISTA 1TEMECULA,CA REGENT PROPERTIES 051E a n 2114 11990 SAN VICENT BLVD. STE 200 LOS ANGELES, CA 90049 105 4100101 310.806-9800 PLACEWORKS RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM VL - VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO FOR CLUSTERING AND OPEN SPACE; A TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code ("Project"). B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. F. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. G. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the May 21, 2014 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. H. On August 12, 2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the August 12, 2014 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) There is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this Project and the Mitigation Monitoring Program for the Project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 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 12th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0131, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL AND OPEN SPACE (OS) ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a Planned Development Overlay (PDO); PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review in a manner in accord with the City of Temecula General Plan and Development Code. H. On August 12, 2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 14 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by Tentative Tract Map 36479, Home Product Review Application and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 39 acres of the 73 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed as a conservation/cluster development to provide a transition between high and low density development within the rural Nicolas Valley. The proposed development will preserve approximately 39 acres of the 73 gross acre site, and provide additional trails and preserve habitat. In addition, the General Plan Amendment is accompanied by a Home Product Review Application that has been reviewed and conditioned to provide homes of a high quality design via appropriate massing, roofline variation, high quality and varied materials, and floor plan square footage consistent with existing development in the surrounding area. Section 3. Amendment of General Plan Land Use Map. The City Council hereby amends the Land Use Element of the Temecula General Plan to change the Land Use Plan Map from very low (VL) density residential to low (I) density residential and Open space (os) on 73 gross acres at the southeast corner of Via Lobo and Nicolas Road (APNs 919-350-017, 018, 019, 020). A map showing the location of the property subject to this General Plan land use map is attached hereto as Exhibit A and incorporated hereing by this reference. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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 Ordinance No. 14- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of August, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2014, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk ARBOR VISTA TENTATIVE TRACT NO. 36479 CITY OF TEMECULA, CA RESIDENTIAL GROSS, AIT S AVERAGE AREAS TO t`RR• At1rL. Yelh=oder TYPICAL STREET SECTIONS 5. NEPA. ROM PEN., *IT 11.1.11•11• 611.1•••• � • ••u..mnja.T1:11 UMW, -Vr S. _A f -,' w L:i -nalZ r wi r w.rn EXISTING EASEMENTS v y��ri.� •3 ei: i��'e�ii�� :'iiia i i� 9• fi i• PROPOSED EASEMENTS _, •-"•.,. 1 NOTES "sir LOT SIZE REQIAREAENT$ 8K LOT MAMMARY LEGAL DESORPTION STATEMENT OF ONVEREMFKr xy, E" • LEGES • P7lAA4D POR. PWA BY: ANT: IMnNTw - ,--y uoMAI Eve a Kid TENTATIVE TRACT MAP NO. 36479 CI 1. L.w tc*'i.Iy itedAdosils.1 D$. O ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0132, ADDING SECTIONS 17.22.254 THROUGH 17.22.266, INCLUSIVE, PDO -13 ARBOR VISTA PLANNED DEVELOPMENT OVERLAY, TO CHAPTER 17.22 OF THE TEMECULA MUNICIPAL CODE AN AMENDMENT TO THE DEVELOPMENT CODE FOR A ZONING MAP AND TEXT CHANGE FROM VERY LOW (VL) DENSITY RESIDENTIAL TO A PLANNED DEVELOPMENT OVERLAY (PDO -13, ARBOR VISTA PLANNED DEVELOPMENT OVERLAY DISTRICT) BASED ON THE STANDARDS OF THE LOW (L) DENSITY RESIDENTIAL DESIGNATION WITH PROVISIONS FOR A CLUSTER DEVELOPMENT AND OPEN SPACE ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (OS) (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review in a manner in accord with the City of Temecula General Plan and Development Code. H. On August 7, 2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 14 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code; This application is accompanied by Tentative Tract Map 36479, Home Product Review Application and General Plan Amendment from VL -Very Low Density to L -Low Density Residential. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 39 acres of the 73 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan; The proposed Zone Change and associated applications are in conformance with the General Plan and all applicable requirements of State law and other Ordinances of the City. Section 3. Zone Change and Text Change. The City Council hereby adds Sections 17.22.254 thourgh 17.22.266, inclusive, PDO -13 Arbor Vista Planned Development Overlay, to Chapter 17.22 of the Temecula Municipal Code to read as provided in Attachment A, attached to this Ordinance, incorporated herein as thought set forth in full. The City Council hereby amends the Official Zoning Map of the City, as described in Section 17.02.030 of the Temecula Municipal Code, by changing the zone for the property located on 73 gross acres at the southeast corner of Via Lobo and Nicolas Road (APNs 919-350-017, 018, 019, 020) from very low (VL) density residential to a Planned Development Overlay (PDO -13 Arbor Vista Planned Development Overlay). Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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 Ordinance No. 14- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of August, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2014, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Arbor Vista Planned Development Overlay 17.22.254 Title. Sections 17.22.254 through 17.22.266 shall be known as "PDO -13" (Arbor Vista planned development overlay district). 17.22.256 Purpose. The Arbor Vista planned development overlay district (PDO -13) provides regulations that guide the development of a rural, residential community, which is clustered to maximize open space and preserve drainage ways. It is the intent of the city to use these special regulations to supplement the development standards of the adopted development code. 17.22.258 Relationship with the development code and citywide design guidelines. A. Except as modified by the provisions of PDO -13, the following rules and regulations shall apply to all planning applications in this area: 1. The citywide design guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the development code that are in effect at the time an application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. B. Development within PDO -13 shall comply with and complement the rural character of the Nicolas Valley Design Guidelines, as is demonstrated through the architectural styles, theme walls, materials of fencing, entry monuments, and landscaping shown in Exhibits A through L. 17.22.260 Use regulations. The Arbor Vista planned development overlay district (PDO -13) is intended to provide for the development of a master -planned residential community. The permitted, conditionally permitted, and prohibited uses within Arbor Vista are residential in nature and shall be governed by Section 17.06.030 of the Municipal Code. 17.22.262 Development Standards. All development within PDO -13 shall also comply with the following development standards: Residential Development Standards PDO -13 Lot Min. buildable lot area 5,500 square feet Max. units per gross acre 1.13 DU/Ac Max. units per net acre ' 1.27 DU/Ac Min. width at required front setback area 55' Min. lot frontage at front property line 55' Min. lot frontage for a flag lot at the front property line 25' Min. lot depth 80' Setbacks — habitable area Min. front setback (habitable area) 10' Min. corner exterior side yard 10' Min. interior side yard 5' Min. rear yard 20' Min. front yard (unenclosed porch/stoop) 10' Garages Min. front setback (front entry garage) 20' Min. front setback (side entry garage) 10' Driveway Min width (residential, 2 units or less) 12' Height Maximum height (to ridge) 35' Max. projection above height limits (e.g. for flues, chimneys, elevators, or other mechanical equipment, television antennas, spires or bell towers, or similar architectural, utility, or mechanical features) 15' Other Detached accessory structures Per 17.06.050D Encroachments into setbacks Per Table 17.06.050B Walls/fences Per 17.06.050J Swimming Pools Per 17.06.050E Site Visibility Per 17.06.050K Secondary Dwelling Units Per 17.06.050L Property Maintenance Per 17.06.050M 17.22.264 Setting A. Setting and Location. Arbor Vista is comprised of 73.3 acres located on the southeast corner of Nicolas Road and Via Lobo Road in Nicolas Valley. Nicolas Valley is located in the northeast corner of the City and is of a rural residential character with large lots and open space surrounding Santa Gertrudis Creek. The natural topography of the area consists of gently rolling hills. B. Surrounding Uses and Development. The northern edge of Arbor Vista is directly adjacent to Nicolas Road. The northern side of Nicolas Road is adjacent to Nakayama Park which includes an off-street regional bike trail, a full court basketball facility, picnic and turf areas and a concrete -sided drainage channel. A residential subdivision designated as Low Medium Density Residential is located beyond. The western boundary of Arbor Vista is adjacent to Via Lobo Road. A residential subdivision designated as Low Medium Density Residential is adjacent to the western side of Via Lobo Road. The eastern edge abuts property designated and developed as Very Low Density Residential and the southern edge abuts open space and the Santa Gertrudis Creek. 17.22.266 Development Concept This section describes the conceptual development components of Arbor Vista. Except for the street sections (Exhibits B, C, and D), the images are an artist's interpretation of the application of the Arbor Vista development standards and design parameters and are not to be taken as the final design or compulsory. The final design shall be reviewed using these conceptual images as guidance; however, variations in the placement and location of buildings, street alignments, amenities, style, materials, colors, and landscaping placement/type is expected as allowed in PDO -13. A. Land Plan. The Arbor Vista planned development overlay district (PDO -13) provides for the development of eighty-three single family detached homes on fee -owned lots on 73.3 acres. As shown on the Site Plan (Exhibit A), development is clustered to maximize open space and preserve the Santa Gertrudis Creek. The site grading has been designed to preserve the crest of the on-site ridge (elevation 1235), and lots adjacent to the ridge are nestled along the downward slope. All cul-de-sac streets terminate in open space, creating an open, rural character within the site. Approximately 43.3 acres are devoted to private open spaces, and additionally 6.4 acres are devoted to a public park, and 1.4 acres are devoted to water quality/detention basins. The residential lots, which comprise 16.0 acres, and streets, which comprise 6.2 acres (4.2 acres private and 2.0 acres public), account for 30% of the total site. These acres may change slightly during final tract map review if found to be in substantial conformance with these concepts. Exhibit B, Conceptual Imagery includes photos of communities having elements similar to Arbor Vista but do not represent literal imagery of the proposed community. B. Access and Circulation. . The circulation plan for Arbor Vista reflects and enhances the rural character of the existing community. Along the northern boundary of the site, the Nicholas Road right-of-way will be extended to 110', including a 7' landscaped parkway and 5' sidewalk which will encourage pedestrian circulation and allow space for thematic fencing. Two entries to Arbor Vista will be provided through a connection to and an extension of Via Lobo Road, which will be improved to include a 77' right -of way (42' curb to curb). Both locations will potentially include private gated entries. The public portion of the Via Lobo Road terminates in a bulb which includes a circular planting area, then transitions into "A" Street, a private neighborhood street. The other entry to Arbor Vista is "C" Street, a private road having a 65' maximum right-of-way and 41' maximum width curb to curb at the connection with Via Lobo Road. Interior circulation to homes shall be provided on private streets having a 37'— 41' right-of-way and 32' curb to curb width with parking on one side as shown on Exhibit E, Interior Street Sections. Final road alignments may vary slightly from those depicted on Exhibit A, as determined in the final tract map if found to be in substantial conformance with these concepts. C. Parks. Open space is incorporated throughout Arbor Vista and active and passive recreation will be offered to both residents and the public. Nicolas Road Park, a 6.4 acre active recreation will feature an interactive water play facility and shade structures, complementing the City of Temecula's existing public parks by offering a fun, safe, cooling summer play area not currently available in the vicinity. Turf and picnic areas are also included and the park will be accessed by the public via Nicolas Road, where ten public parking spaces will be included. Residents of Arbor Vista will access the park by a private trail connecting from C Street along the eastern boundary. Exhibits F, G, and H are an artist's interpretation of the park amenities and are not to be interpreted as final. The final design will be approved during final tract map stage and the amenities shall be approved by the parks director. In addition to the public park, open space totaling 43.3 acres is planned within Arbor Vista, comprising of 59% of the total site area including the Santa Gertrudis Creek jurisdictional area. A regional trail extending from east to west through the site north of the creek provides public access to the open space. The high percentage of open space within the community will provide an ample buffer from adjacent neighborhoods and a feeling of spaciousness. D. Monuments and Fences. Serving as a major unifying element, the theme walls, fencing, and monuments of Arbor Vista will reflect the rural, agricultural design theme of the surrounding area and will be in accordance with the Nicolas Valley Design Guidelines. A positive first impression of the community will be generated by the inclusion of a white rail fence with river rock stone pilasters along the northern boundary parallel to Nicolas Road. The design of this fence will harmonize with the existing fence on the north side of Nicolas Road, extending the previously established Nicolas Valley design theme. Design of the entry monuments will be understated in nature and reflect the high degree of design integrity found throughout the community. As shown on Exhibit J, a Nicolas Valley entry monument will be included at the corner of Nicolas Road and Via Lobo Parkway. In addition, entry monuments announcing arrival into Arbor Vista will be located at both entries from Via Lobo Road, and a 3' high river rock theme wall will extend along the eastern side of Via Lobo Road north of the "C" Street entry. Exhibits I and K depict the locations and styles of the other walls and fences in Arbor Vista. View fencing consisting of a 2' block wall and 4' black wrought iron will be located at the rear of lots having views. Exposed side yards will incorporate 6' high sandstone colored split face block walls, and interior separations between lots will consist of 5'6"white vinyl fencing. These features, while conceptual in nature, comply with the theme established by the Nicolas Valley Design Guidelines. E. Trails and sidewalks. An extensive pedestrian circulation system provides convenient access to all community elements, potentially helping to promote health and wellness of residents. Along the northern boundary of the site, the Nicolas Road right-of-way includes a 5' wide sidewalk. An adjacent 5' wide decomposed granite trail outside the right -of way provides a total trail width of 10' as shown on Exhibit C, Nicolas Road Street Section. This trail provides the public convenient pedestrian and bicycle access to Nicolas Road Park. Via Lobo Road includes a 6' sidewalk along the west side and a 6' wide paved regional trail along the east side as shown on Exhibit D, Via Lobo Road Section. Near the end of the public portion of the street, the regional trail crosses Via Lobo Road as shown on Exhibit A. The trail then transitions to an 8' decomposed granite walkway which parallels Santa Gertrudis Creek south of "A" Street, and connects to an existing trail at the eastern boundary of the site. An additional 6' decomposed granite trail connects the terminus of "C" Street to Nicolas Road Park, providing private access to residents. Every home within Arbor Vista will enjoy pedestrian connection to the regional trail network from 4' curb adjacent sidewalks included on both sides of all private neighborhood streets as shown on Exhibit E, Interior Street Section. F. Landscaping. The landscape design of Arbor Vista will reflect the rural, agricultural theme of the community and the plant palette will consist of native plants and other climate appropriate materials. Water conservation, disease resistant, low maintenance materials will be given priority as will plants that offer seasonal variation. The landscape plan will comply with Chapter 17.32 of the Municipal Code and the Nicolas Valley Design Guidelines. The Plant Material List, shown in Exhibit M, describes the menu of acceptable plant types, sizes, spacing, and water use in Arbor Vista. Exhibits 0, P, and Q depict the typical landscape treatment for front and exterior side yard, cul-de-sac, and private slope conditions. These landscape treatments are based on the minimum setbacks provided herein. The types of plants shown in each Exhibit are conceptual and the locations and types of plants and will be determined during the final landscape plan. The final planting plan may vary within the Arbor Vista Landscape Plant Palette. Exhibit L includes preliminary locations and images of typical rural street lighting treatments (variations are permitted). Low pressure sodium or LED, downward directed lights will be located on one side of the street, spaced 120' — 170'apart, and will meet all applicable illumination standards. Solar powered lighting is encouraged. G. Architecture. High quality neighborhood design is a priority at Arbor Vista, and creating interesting and aesthetically pleasing streetscapes is a central goal of the community design. The level of detail and quality of architectural treatments for the homes will be significantly higher than that of the surrounding community. A high degree of variation in building massing at Arbor Vista has been provided to avoid the monotonous "canyon effect" of flat, two-story homes along residential streets. One-story home plans comprise 25% of the floor plans and 50% are two-story homes with one-story elements along the street. To minimize the impact of garages, 25% of plans feature a "living" portion of the home forward, with the garage a minimum of 6' behind the front plane of the living space. The inclusion of front porches and second story balconies also add interest to the streetscapes of Arbor Vista. Exhibit T includes minimum lot setback standards and includes footprints of the four Arbor Vista floor plans. Variation in massing is also achieved through inclusion of variations in roof pitch from 4:12 to 6:12. Each of the four floor plans at Arbor Vista has been executed in three architectural styles, creating twelve distinctly different home designs, bringing a high degree of interest to every street. Colors and materials, including brick, stucco, horizontal lap siding, stacked stone, and carriage type garage doors have been carefully chosen to authentically express the essential elements of each style. All architectural features thoughtfully reflect a high level of quality and attention to detail, including arched entryways with ceramic tile accents, entry towers, sculpted pot shelves, and three types of entry carriage lights, ensuring that each home is distinctly different from others surrounding it. Another important design consideration well executed at Arbor Vista is attention to all four elevations of a home rather than only the front. Enhanced rear and side elevations bring the same degree of quality shown in the front to the entire home, as shown in Exhibit S, Architectural Elevations. Examples include second floor projections with siding on rear elevations, wrought iron detailing on rear covered patios matching front detailing, and shutters on rear windows. The three architectural styles chosen for Arbor Vista include Spanish, Traditional, and Craftsman (see Exhibit R, Architectural Styles) and are intended to complement the rural character of the area. This list of styles has been formed to provide architectural character fitting for the context of the site, and variety to the street scene but is not to be considered exclusive. Variations can be approved through the development review process. Four diverse plan types are proposed, creating a rich architectural palette which will result in neighborhoods with articulation, variation and visual interest. H. Drainage, Grading, and Utilities. The proposed grading and drainage plan for Arbor Vista reflects a great sensitivity to the natural characteristics and features of the site. On-site drainage and off-site drainage from Via Lobo will be diverted into two desiltation basins on the western side of the property. The conceptual grading and drainage plan as well as proposed utility locations are depicted on the accompanying Tentative Tract Map # 36479. The final grading plan and locations and sizes of the infrastructure shall be determined during the final grading plan and tract map. Exhibit A: Site Plan CONCEPTUAL PLANT LEGEND Z 0 O Z (7 00 n 5irt> GZ 33 U111 F. 20 m U 9 9 9 9 9 99 ppe gge yy��ggyy; pEge et$g5� i3 314 fl W fF 3 g a • • • I Q 3 w 0 a J vQJ 1w d QE ❑ O i Z 1 �- Z O J zz O WO Lk' U Z 0 O cted as allowed in PDO -13. DETENTION BASIN Z < W Z < O Z 0 .33 O> O 11 Z —Y. E Zo H n Zp FE ZUn Nw �J G� ZuW �� w 7 Z EZ6 3 < ZQz f=z (3 88 j wQJK O>� j O~W 02 ZO4.5.0“I OFm❑005 E H%Z5rwVZ E a 0 Z w V 0 5lE OjEzWOZta -ZZ 0 mZH❑ U p W J = ❑cN Z O t - .. Z ,.15 11.) QQJ KO —❑ (34 w a .oni ❑ QE3 La :n oe 5E 3❑ 0 ¢V❑ Oa I - JUSRISTICTIONAL I Exhibit B: Conceptual Imagery Imagery of agricultural themed fencing Imagery of naturalistic trail Exhibit B depicts conceptual imagery of Arbor Vista and is not to be taken as the inial design or compulsory in nature. The final design shall be reviewed using these graphics as guidance; however, variations in the placement and location of buildings, style, materials, colors and landscaping is expected as allowed in PDO -13. Exhibit C: Nicolas Road Street Section PROPOSED 0 cc \ \ CO r \ ev+ 2 ch Cl. & BOUNDARY l 5' f 7' • N 0 a W V CURB CURB & GUTTER CO4-4 owb mo J . o U • cu 0 VJ "10 :--i viffl z z b LT U cd �. ¢, ti) b O a) he U e° o NI a a E o U Q w .0-d CO Exhibit D: Via Lobo Road Street Section !V 111 OD elf Exhibit E: Typical Interior Street Section - he 1- 2 W 0 cA d 1iR , 3 EAST OF F STREET O. O o at wide and consists of 32 feet of street pavement Exhibit F: IlluUaive Park Concepts - 2 \] §\ 6.) )§ L@ )( 3a (k �j §\ §/ )} (a EXAMPLE OF POTENTIAL NICOLAS ROAD PARK FURNITURE EXAMPLE OF PEDESTRIAN CIRCULATION WITHIN THE PARK / Exhibit G: Dimensioned Park Plan NICOLAS ROAD PARK PLAN Cl 06 6 HADE STRUCTURE PLAN VIEW AND ELEVATIONS installation work. Exhibit H: Playgound Vignette SPLASH PAD WATER PLAYGROUND RENDERING " SPLASH PAD WATER PLAYGROUND RENDERING* / SPLASH PAD WATER PLAYGROUND RENDERING' SHADE STRUCTURES PICNIC AREA STORAGE TANK SPLASH PAD WATER PLAYGROUND SPLASH PAD WATER PLAYGROUND RENDERING' e: Rendering images are provided by Vortex Aquatic Srrucmres Incernarional Inc Exhibit I: Wall and Fence Plan WALL, FENCE, AND MAILBOX LEGEND z 0 L a M 0 J 0 m E N Exhibit J: Entry Monument Illustrations Tri 0414 a) tiv c k� L7 160.` L' 1 ift I 0 • 3 Z w o o 0 2 H z Z I � 3 2 0 u z Q 0 8 O Q 0 A ARBOR VISTA COMMUNITY MONUMENT RIVER ROCK VENEER PILASTER CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES Z 0 0 0 J J 7. Q L LJ o _0 F}- Z z F-3 g • 20 • V u l!1 > > cc V 00 • 0 a 0 z 0 ifJ z 00 0 az TE, uV Mz Exhibit K: Wall and Fence Plan IlluUaion $ § k u Wz LL u=q uJ§$ Z ujo LCLai » c§j vl _Jj§ U§§ z= ›- u.1 ( a3 041 :E TYPICAL MAILBOX 9 m SANDSTONE COLORED SPLIT FACE BLOCK p .9 Exhibit L: Lighting Plan 0 (7z W W J V z 1- 2 J W W 1— v7 0 EXAMPLE OF RURAL STREET LIGHTING 14:2 51 fait • * it t-..�T ■ +aN+.FT 'dirt) (011;) \\ \CA Exhibit M: Plant Palette Botanical Name Common Name Min. Size STREET TREES: Cinnamomun camphora Cupaniopsis anacardioides Fraxinus oxycarpa `Raywoodi' Laurus nobilis Koelreutia paniculata Pinus canariensis Phoenix dactylifera Pyrus calleryana 'Chanticleer' Ulmus parvifolia Washingtonia robusta *Note: 45' O.C. spacing along ACCENT TREES: Bauhinia variegata Butia capitata Lagerstomia indica Phoenix dactylifera Prunus Caroliniana Washingtonia filifera Washingtonia robusta LANDSCAPE TREES: Albezia julibbrissin Brahea armata Butia capitata Callistemon citrinus Cedrus deodora Cercus Canadensis Geijera parviflora Liquidambar styraciflua Melaleuca styphelioides Platanus racemosa Quercus agrifolia Rhus lancea Schinus terebinthifolius SHRUBS: Abelia 'Edward Goucher' Agapanthus africanus Baccharis salicifolia Callistemon 'Little John' Ceanothus 'Concha' Chamaerops humilis Cistus purpureus Cotoneaster horizontalis Camphor Tree Carrot wood Raywood Ash Sweet Bay Golden Raintree Canary Island Pine Date Palm Chanticleer Pear Chinese Elm Washington Fan Palm corner lot side yards Purple Orchid Tree Pindo Palm Crape Myrtle Date Palm Carolina Laurel Cherry California Fan Palm Mexican Fan Palm Silktree Mexican Blue Palm Pindo Palm Crimson Bottlebrush Deodar Cedar Eastern Redbud Australian Willow Sweetgum Melaleuca California Sycamore Coast Live oak African Sumac Brazilian Pepper Tree Pink Abelia Lilly -of -the -Nile Mulefat No Common Name Concha ceanothus Mediterranean Fan Palm Orchid Rockrose Cotoneaaster 24" Box 24" Box 15 Gallon 5 gallon 1 gallon 5 gallon 5 gallon 5 gallon 15 gallon Spacing One/ Lot Plant Factor Medium Medium Medium Medium / Low Medium Medium / Low Medium Medium Medium Medium As Indicated Medium Medium Medium Medium Medium Medium / Low Medium As Indicated Medium Medium Medium Medium / Low Medium Medium Medium / Low Medium Medium Medium Low Medium / Low Medium / Low 2' O.C. 2' O.C. 4' O.C. 4' O.C. 4' O.C. 6' O.C. Medium Medium Medium / Low Medium / Low Medium / Low 1 gallon 2' O.C. Medium / Low 5 gallon 4' O.C. Medium Cupressus sempervirens Dietes grandiflora Echium candicans Epilobium canum Exhibit M: Plant Palette (cont.) Botanical Name Garrya elliptica Grenvillea 'Noelli' Heteromeles arbutifolia Hemerocallis hybrid Lavandula stoechas Leptospermum scoparium Leymus condensatus Leymus triticoides Muhlenbergia rigens Nandina domestica Nassella pulchra Pyracantha 'Santa Cruz' Rosmarinus officinalis Salvia clevelandii Salvia leucantha Salvia spathacea Sporobolus airoides Xylosma congestum GROUNDCOVER: Acacia redolens Baccharis 'Centennial' Baccharis pilularis 'Twin Peaks' Coprosma kirki Cotoneaster sp. Pelargonium peltatum Lantana montevidensis Myoporum pavifolium Trachelospermum asiaticum VINES: Antigonon leptopus Disticus buccinatoria Clematis lasiantha Hardenbergia violacea Lonicera japonica 'Halliana' Tracelospermum jasminoides Italian Cypress Fortnight Lily Pride of Madeira California Fuchia Common Name Coast Silktassel Grenvillea Toyon Daylilly Spanish Lavender New Zealand Tea Tree Giant Wild Rye Creeping Wild Rye Deer Grass Heavenly Bamboo Purple Needle Grass Firethorn Rosemary Cleveland Sage Mexican Bush Sage Hummingbird Sage Alkalai sacaton Shiny xylosma Prostrate Acacia Desert Broom Coyote Bush Creeping Coprosma Cotoneaster Ivy Geranium Lantana Myoporum Star Jasmine Coral Vine Blood Red Trumpet Vine Chaparral Clematis Lilac Vine Hall's Honeysuckle Star Jasmine 15 gallon 1 gallon 5 gallon 5 gallon Min. Size 5 gallon 5 gallon 5 gallon 5 gallon 1 gallon 5 gallon 1 gallon 1 gallon 1 gallon 5 gallon 1 gallon 5 gallon 5 gallon 5 gallon 5 gallon 5 gallon 1 gallon 5 gallon 5 gallon 5 gallon 5 gallon 5 gallon 5 gallon 1 gallon 5 gallon 5 gallon 1 gallon 1 gallon 1 gallon 1 gallon 1 gallon 1 gallon 1 gallon N.A. Medium / Low 2' O.C. Medium 4' O.C. Medium / Low 4' OC Low / Very Low Spacing Plant Factor 4' O.C. Medium / Low 4' O.C. Medium / Low 4' O.C. Medium / Low 2' O.C. Medium 2' O.C. Medium / Low 4' O.C. Medium / Low 2' O.C. Medium / Low 2' O.C. Medium 2' O.C. Medium / Low 4' O.C. Low 2' O.C. Low / Very Low 4' O.C. Medium 4' O.C. Medium / Low 4' O.C. Low / Very Low 4' O.C. Medium / Low 5' OC Low / Very Low 2' O.C. Medium / Low 5' O.C. Medium 4' O.C. Low / Very Low 4' O.C. Medium / Low 4' O.C. Medium / Low 2' O.C. Medium 2' O.C. Medium 2' O.C. Medium 4' O.C. Medium / Low 4' O.C. Medium 2' O.C. Medium 2' O.C. 2' O.C. 2' 0.C. 2" O.C. 2' 0.C. 2' 0.C. Medium Medium Medium / Low Medium / Low Medium Medium Exhibit N: Typical Interior Lot Landscape Treatment SHRUBS 1 GALLON LARGE TREE 15 GALLON GROUND COVER SHRUBS 5 GALLON DRIVEWAY UTILITY EASEMENT TYPICAL INTERIOR LOT SMALL TREE 5 GALLON STREET TREE 24" BOX This Exhibit is an artistic interpretation of the private landscape treatment on a typical lot based on a minimum 10 foot front setback, minimum 5 foot interior side yard, and minimum 12 foot driveway width. This image is not to be taken as the final design and the types of plants shown in this image may vary within the Arbor Vista Landscape Plant Palette and the sizes and amounts of planting material shall comply with Section17.32.090 of the Municipal Code. The final landscape plan shall be reviewed using these graphics as guidance; however, variation in the placement, location, and spacing is expected as allowed in PDO -13. Exhibit 0: Typical Corner Lot Landscaping UTILITY EASEMENT LARGE TREE 15 GALLON DRIVEWAY SMALL TREE 5 GALLON GROUND COVER TYPICAL CORNER LOT • STREET TREE 24" BOX SHRUBS 5 GALLON This Exhibit is an artistic interpretation of the private landscape treatment on a typical lot based on a minimum 10 foot front setback, minimum 5 foot interior side yard, and minimum 12 foot driveway width. This image is not to be taken as the final design and the types of plants shown in this image may vary within the Arbor Vista Landscape Plant Palette and the sizes and amounts of planting material shall comply with Section17.32.090 of the Municipal Code. The final landscape plan shall be reviewed using these graphics as guidance; however, variation in the placement, location, and spacing is expected as allowed in PDO -13 Exhibit P: Typical Cul -de -Sac Lot Landscaping SHRUBS 5 GALLON LARGE TREE 15 GALLON DRIVEWAY GROUND COVER UTILITY EASEMENT TYPICAL CUL-DE-SAC LOT SHRUBS 5 GALLON SMALLTREE 5 GALLON STREETTREE 24" BOX This Exhibit is an artistic interpretation of the private landscape treatment on a typical lot based on a minimum 10 foot front setback, minimum 5 foot interior side yard, and minimum 12 foot driveway width. This image is not to be taken as the final design and the types of plants shown in this image may vary within the Arbor Vista Landscape Plant Palette and the sizes and amounts of planting material shall comply with Section17.32.090 of the Municipal Code. The final landscape plan shall be reviewed using these graphics as guidance; however, variation in the placement, location, and spacing is expected as allowed in PDO -13 Exhibit Q: Typical Private Slope Area Landscaping GROUND COVER LARGE TREES 15 GALLON SHRUBS 5 GALLON TYPICAL PRIVATE SLOPE AREA CONCEPTUAL PLANTING FORA 1,300 SF AREA WITH 2:1 SLOPES IN EXCESS OF 8' IN HEIGHT SHRUBS I GALLON LARGE TREE 15 GALLON SMALL TREE 5 GALLON This Exhibit is an artistic interpretation of the private landscape treatment on a typical lot based. This image is not to be taken as the final design and the types of plants shown in this image may vary within the Arbor Vista Landscape Plant Palette and the sizes and amounts of planting material shall comply with Section17.32.090 of the Municipal Code. The final landscape plan shall be reviewed using these graphics as guidance; however, variation in the placement, location, and spacing is expected as allowed in PDO -13 Exhibit R: Architectural Styles The architecture of the project shall include at least three different architectural styles (Spanish, Craftsman, and Traditional). The architectural styles have been selected to provide variety and individuality to the street scene. The menu of architectural styles is not an exclusive list and other acceptable styles may be approved through the development review process if found compatible with styles listed below. Spanish Spanish • stucco finish • concrete 'S' tile roof • 4:12 roof pitch • decorative accent vents • clay pipe accents • decorative foam trim elements • decorative tile Craftsman • smooth stucco finish • 5:12 roof pitch • decorative beams and braces under gables • wood fascias • wood siding Traditional • front to back gable or hip roof • 5:12 to 12:12 roof pitch • blended stucco and siding • vertical, multi -paned windows at front • singe pan windows at side or rear Craftsman Traditional • wood fascias • exposed rafter tails • arched multi -pane windows • arched entrances • front porches or enclosed patios • decorative wood shutters • feature window on front elevation • wide window and door casings • exposed rafters • full or partial width porches • tapered porch supports • shingle siding or horizontal siding • symmetrical window composition • front porch • full wrapped horizontal siding • simple wood columned porches • white detailing trim Exhibit S: Architectural Elevations Craftsman Style Plan 1 Spanish Style Plan 1 Traditional Style Plan 1 Exhibit S: Architectural Elevations (Continued) Craftsman Style Plan 2 Spanish Style Plan 2 Traditional Style Plan 2 Exhibit S: Architectural Elevations (Continued) Craftsman Style Plan 3 Spanish Style Plan 3 Traditional Style Plan 3 Exhibit S: Architectural Elevations (Continued) Craftsman Style Plan 4 Spanish Style Plan 4 Traditional Style Plan 4 Exhibit T: Typical Lot Setback Plan 2 i z a >peglas p:ed ems 'um in 1pagiss pieR ems U!' to '0t z 5 a - Bglas pied apis uiw in vegies pieA ap{s V4 in 1 Ii b na viaegles pied eprs uiys{ )pegias pieR aims um in vegias pied apps LIN ;n T City of Temecula Arbor Vista PDO Application ATTACHMENT A SECTION I. JUSTIFICATION OF PROPOSAL The following provides the justifications as required per Section I of the Land Use Amendments: General Plan, Zoning and Specific Plans application. Arbor Vista is a proposal for an 83 -unit residential community on 73.3 -acres that clusters development in a 22.2 -acre area in order to preserve the Santa Gertrudis Creek as natural open space, avoid the 100 -year flood plain, improve drainage and water quality, and provide 49.7 - acres of public and private recreation and open space area. Implementation of Arbor Vista requires the following amendments to the Zoning Map, Zoning Code text, and General Plan map: • Amend the Zoning Map to add the Planned Development Overlay (PDO). • Amend the text of the Zoning Code to add the Arbor Vista Planned Development Overlay district. • Amend the General Plan map to change the land use designation from Very Low Density Residential (0.2-0.4 Du/Ac Max) to Low Density Residential (0.5-2Du/Ac Max) These amendments are justified due to the following: ZONING AMENDMENT 1. Compatibility with Surrounding Land Uses: The 73 -acre parcel is adjacent to Very Low Density Residential designated subdivisions the south and east and Low Medium Density Residential designated subdivisions to the north and west. On a gross basis, the proposed PDO overlay would allow 1.13 dwelling unit per gross acre clustered onto 30 % of the site while designating 68% of the site as open space and recreation and preserving the Santa Gertrudis Creek. The proposed development meshes with the character, density, and uses of surrounding residential development. In fact, as the attached sections show, Arbor Vista is largely screened from surrounding development and it will not be possible to get a sense of the scale or density of development from the surrounding properties. The northern edge of Arbor Vista, adjacent to Nicolas Road, is 771' long and would contain a detention basin totaling 280 linear feet while the remaining 491' would be devoted to a public park. The northern side of Nicolas Road contains a bike path, a park, and a concrete -sided drainage channel with a residential subdivision designated as Low Medium Density Residential beyond. The western edge of Arbor Vista, which is adjacent to Via Lobo Road and abuts a residential subdivision designated as Low Medium Density Residential, contains a detention basin, landscaped slope, and a park. Seven residential lots are located along this side of Arbor Vista but set back a minimum of 27' from the Via Lobo Road right-of-way. The eastern edge, which is 3330 linear feet and abuts property designated and developed as Very Low Density Residential, is devoted entirely to open space except for portions of four residential lots. The southern edge of Arbor Vista is natural open space Regent Properties January 28, 2014 City of Temecula Arbor Vista PDO Application preserving the Santa Gertrudis Creek. Finally, Nicolas Road would be landscaped and treated in a manner consistent with the Nicolas Valley Design Guidelines. 2. Quality of Life: The proposed amendments allow a slight increase in density, which would be clustered on the northern section of the site in order to preserve the natural water course on the southern edge of the project, and allow for the improvement of regional drainage and water quality and the provision of a portion of the regional trail and public and private parks, which will enhance the quality of life not only for Arbor Vista residents, but for the entire community. By clustering development on the site, 83 residential lots can be developed on 22.2 acres of the site, allowing for the preservation of 43.3 acres of the site for open space and approximately 6.4 acres for park space. The plan also includes a proposed public regional trail that will connect with the City's Trail Plan. Furthermore, the proposed development area is situated so that development will not be clearly visible from the Nicolas or Via Lobo Roads due to the uses proposed along the edges (discussed above) and elevation of the site (see attached sections). As a result, views of the site from surrounding properties will not be negatively impacted. The proposed amendments allows for development to be clustered on the northern section of the site while preserving the natural water course in the southern section. The proposed development would include approximately 1.4 acres of detention basins that would improve drainage in the area, reduce water volumes flowing directly into the creek thereby reducing flood threats, and function as a filter for pollutants and sediment prior to entering the creek. 3. Infrastructure: The proposed 83 -unit development area will provide new water, sewer, and roadway infrastructure and result in needs for city services, such as police and fire. However, the proposal includes an additional 54 lots above what would be permitted by the existing zoning, which would not represent a significant increase in demand. The provision of parks, a regional trail, preservation of Santa Gertrudis Creek, and flood and drainage improvements would help offset any demands for services and infrastructure. 4. Legal Non -conforming Use: All uses within the proposed PDO conform to uses specified in the City Zoning Code for residential uses and would not result in any legal non -conforming uses. GENERAL PLAN AMENDMENT 1. Consistency with the General Plan: The project involves amending the General Plan map from Very Low Density Residential to Low Density Residential. The residential use would not change; however, the permitted density would increase as a result of the amendment. Upon amendment, the proposed project would be consistent with the General Plan. As will be documented in the Planned Development Overlay and Home Product Review process, the project would be consistent with the other provisions of the General Plan. 2. Traffic Impact: The project would result in an additional 54 units above what is permitted by the current general plan designation, or approximately 794 daily trips (ITE Manual of 9.57 trips per detached unit) and approximately 79 PM peak hour trips, which does not represent a significant increase in vehicular trips. The provision of a section of the regional trail that would Regent Properties January 28, 2014 City of Temecula Arbor Vista PDO Application be realized by proposed project would help provide regional connectivity, provide both recreational benefits and commute options, and help reduce vehicular trips. 3. Impact on Welfare of Surrounding Residents: See response # 2 under the zoning amendment section above. 4. Consistency with Surrounding Character: See response #1 under the zoning amendment section above. Regent Properties January 28, 2014 Regent Properties January 28, 2014 City of Temecula Regent Properties January 28, 2014 Arbor Vista P00 Application 0 zww Z z wQV Jw 1-0_0 0 (144111P a etar) 0 O Z 0 tnU w f o � City of Temecula Arbor Vista P00 Application 2 W - 9 W z 0 0 �W/QF yLW z oZ V_ za QLi Q Y Regent Properties January 28, 2014 SECTION C-C 0 r w x cc0 rbor Vista Splashpad X wi1- 0 x w 1- ct 0 > rbor vista •lash sad , CA - Revision 4 - ° 0 > RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0133, TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 GROSS ACRES INTO 83 LOTS AND ASSOCIATED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review in a manner in accord with the City of Temecula General Plan and Development Code. H. On August 12,2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 14 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving Tentative Tract Map 36479 hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance, and the City of Temecula Municipal Code; The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. The 83 -lot subdivision of a 73 gross acre site will result in a density of 1.13 units per acre, which is within the allowable density range of 0.5 to 2.9 units per acre consistent with a PDO based on L -Low Density Standards. B. The Tentative Map does not propose to divide land, which is the subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The proposed property has not been used as agricultural land and has never been entered into any Williamson Act contracts. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The Initial Study and special reports prepared for the project indicate that there will not be any significant impacts to the environment. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; The design of the subdivision and the proposed improvements, with Conditions of Approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the Initial Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approval and a Mitigated Negative Declaration and Mitigation Monitoring Program. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the proposed development is consistent with all applicable building, development and fire codes, which include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable building, development and fire codes prior to issuance of any grading, building, or occupancy permits. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities. The project has been designed to ensure that all setbacks have been met and that light and air access is available to the extent possible. In addition, the construction will be required to conform to all state energy efficiency codes as well. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; The design of the subdivision and the type of improvements have been considered in the design of the subdivision, and will not conflict with existing or future easements acquired by the public at large for access through or use of property within the proposed subdivision. All required easements and dedication are required as Conditions of Approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The subdivision is consistent with the City's parkland dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of a building permit. Section 2. The City Council hereby approves Planning Application no. PA12- 0133, Tentative Tract Map 36479, to subdivide 73 gross acres into 83 lots and associated open space located at the southeast corner of Via Lobo and Nicolas Road (APNs 919-350-017, 018, 019, 020) Section 3. The City Clerk shall certify to the adoption of the Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 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 12th day of August, 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 CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Planning Application No. PA12-0133 Project Description: 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 39 acres will be permanently preserved as open space. Also, other portions of the site associated with the residential component result in another four acres, or approximately 59% of the site preserved as permanent open space. Environmental issues have been avoided by designing a compact development footprint, staying away from the existing drainage onsite, and designating the drainage and sensitive portions of the site as Open Space (OS). Access to the site will be provided from Nicolas and Via Lobo Roads. Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval of This Project APNs 919-350-017, 018, 019, 020 Single -Family Residential (less than 8 du/ac) Residential - Detached Single -Family Residential Single -Family with Attached Garage To be Determined by City Council To be Determined by City Council PL -1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Thirty -One Dollars and Twenty -Five Cents ($2,231.25) which includes the Two Thousand One Hundred Eighty -One Dollars and Twenty -Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements PL -2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. By "use" is meant the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 5 one-year extensions of time, one year at a time. PL -6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved tentative tract map contained on file with the Planning Division. PL -7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL -9. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. PL -10. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL -11. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made prior to the expiration date. PL -12. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. PL -13. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. PL -14. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. PL -15. Class 11 Bicycle Lanes. Class 11 bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. PL -16. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class I trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. PL -17. Open Space. As identified on Tentative Tract Map No. 36479, Lot 88 shall be preserved as permanent Open Space — Conservation. Other than the regional trail connection, this area is to be permanently preserved as natural open space. Prior to Issuance of Grading Permit(s) PL -18. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL -19. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. PL -20. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Community Development shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community Development." PL -21. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL -22. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." PL -23. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." PL -24. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." PL -25. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." PL -26. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." PL -27. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. PL -28. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -29. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permits associated with PA12-0134, Home Product Review PL -30. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. PL -31. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. PL -32. Quimby Requirements. The developer satisfied the City's parkland dedication (Quimby) requirement by constructing a 6.4 acre park on site. PL -33. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -34. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL -35. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -36. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -37. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -38. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -39. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -40. Irrigation. The landscape plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for (private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). PL -41. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: PL -42. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -43. WQMP Treatment Devices. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Community Development. PL -44. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -45. Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -46. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -47. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. PL -48. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL -49. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. PL -50. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. PL -51. TCSD Service Levels. It shall be the developer's responsibility to provide written disclosure of the existence of the Temecula Community Service District (TCSD) and its service level rates and charges to all prospective purchasers. PL -52. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map PL -53. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. PL -54. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. This property is located in the French Valley Airport Land Use Overlay Zone, and shall comply with all mitigation identified in the Mitigated Negative Declaration for this project. PL -55. Park Lot. Lot 91 should be identified as a lettered lot, and further described as a public park that is maintained by the Home Owners Association (HOA). PL -56. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. PL -57. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. PL -58. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. PL -59. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. PL -60. CC&Rs and Management and Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. PL -61. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. PL -62. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL -63. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. PL -64. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. PL -65. Maintenance of Open Areas. All open areas and landscaping governed by CC&Rs shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. PL -66. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. PL -67. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. PL -68. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Armando G. Villa Director Community Development Approved as to Form: Peter M. Thorson City Attorney PL -69. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. PL -70. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL -71. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PL -72. Public Access Easement. A public access easement shall be provided, on the final map, for the Class I trail located on the property. OUTSIDE AGENCIES PL -73. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 1, 2012, and September 24, 2013, copies of which are attached. PL -74. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 26, 2012, a copy of which is attached. FIRE PREVENTION General Requirements F-1. Life Safety Conditions. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. Fire Flow (Residential). The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20 -PSI residual operating pressure for a 2 -hour duration for single family dwellings The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). F-4. Water System. If the fire service system is going to be a public water system then this will need to be documented by the water agency and submitted to the fire department. If the fire service system is going to be private then a separate fire service underground permit will be required by the fire department. F-5. Construction Phasing. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5) Prior to Issuance of Grading Permit(s) F-6. Turning Radius (Culdesac). Maximum cul-de-sac length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 -feet for single family dwelling. (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020). F-7. All Weather Access Roads. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-8. Turning Radius (Dead End Roadway). Prior to building construction, dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-9. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet for residential track home roads with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-10. Two Point Access. This development, and any street within, serving more than 35 homes or any commercial developments, shall have two points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). F-11. Required Fire Systems (Residential Fire Sprinkler Systems). All Residential structures are now required per the California Residential Code, 2013 edition to be equipped throughout with an automatic fire sprinkler system. F-12. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 5 and Chapter 33). F-13. Required Submittals (Residential Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-14. Hydrant Markers. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per Temecula City Ordinance 15.16.020). F-15. Knox Box. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). PUBLIC WORKS DEPARTMENT General Requirements PW -1. Conditions of A proval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. PW -2. Subdivision Map. The developer shall submit a complete Tentative/Final Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. PW -3. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. PW -4. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. From Public Works for public offsite improvements PW -5. Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. PW -6. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. PW -7. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. PW -8. DG Multipurpose Trail. The multipurpose trail shall be privately maintained. Prior to Recordation of the Tract Map PW -9. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. PW -10. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. PW -11. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Tract Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. PW -12. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District; e. Rancho California Water District; f. Eastern Municipal Water District; g. Cable TV Franchise; h. Telephone Company; i. Southern California Edison Company; j. The Gas Company; k. Metropolitan Water District or other affected agencies. PW -13. Right of Access. Relinquish and waive right of access to and from Nicolas Road on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW -14. Right of Access. Relinquish and waive right of access to and from Via Lobo Road on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW -15. Easements. Note the following: a. Private easements for cross -lot drainage shall be delineated and noted on the Final Map. b. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Tract Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Final Map. A note shall be added to the Final Map stating: "Drainage easements shall be kept free of buildings and obstructions." PW -16. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Nicolas Road (Modified Principal Arterial Standard No. 100 —110' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, seven (7) foot wide planter area, five (5) food wide sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median. b. The Developer shall install or provide a cash in -lieu for half -width raised landscape median improvements on Nicolas Road from Via Lobo to the easterly property boundary. Plans shall be reviewed and approved by the Department of Public Works. c. Improve Via Lobo Road from Nicolas Road to Station 90+52 to include a 44 -foot wide dedication of the easterly half -width street right-of-way, installation of a twenty (20) foot wide half -width street improvements to include paving, curb and gutter; six (6) foot wide sidewalk, twelve (12) foot wide planter area, six (6) foot wide D.G. multipurpose trail, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). d. Improve Via Lobo Road from Station 90 + 52 to Station 89 + 76 to include a 44 - foot wide dedication of the easterly half -width street right-of-way, installation of a twenty (20) foot wide half -width street improvements to include paving, curb and gutter; six (6) foot wide sidewalk, twelve (12) foot wide planter area, six (6) foot wide D.G. multipurpose trail, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). PW -17. Private Roads. Private roads shall be designed to meet City public road standards. Unless otherwise approved, the following minimum criteria shall be observed in the design of private streets: a. Improve "A", "B", "D", "E", and "C" Street east of "E" Street (Private Street - 41' R/E) to include installation of full -width street improvements and sidewalk as shown on the Tentative Tract Map. b. Improve "C" Street west of "E" Street (Private Street - 37' R/E) to include installation of full -width street improvements and sidewalk, as shown on the Tentative Tract Map. c. Improve "C" Street at the main entry (Private Street — 81.5' R/E) to include installation of full -width street improvements and sidewalk as shown on the Tentative Tract Map. PW -18. Underqroundinq Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. PW -19. Under -grounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. PW -20. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. PW -21. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. PW -22. Property Taxes. Any delinquent property taxes shall be paid. PW -23. Election Proceeding. The developer shall file a notice of intention with the Finance Department to initiate election proceedings for acceptance of street lighting into the appropriate maintenance program (Service Level B). All cost associated with this process shall be borne by the developer. PW -24. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of Grading Permit(s) PW -25. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District, or other affected agencies. PW -26. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/engineeringconst manual.htm PW -27. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. PW -28. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link. http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.sht ml PW -29. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project - specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Refer to the WQMP template and agreement link below: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandN PDE S/WQMP.htm PW -30. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. PW -31. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. PW -32. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. PW -33. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. PW -34. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) PW -35. Final Map. Prior to issuance of the first building permit, Tract Map No. 36479 shall be approved and recorded. PW -36. Traffic Mitigation. Prior to the issuance of the first building permit, the Developer shall provide a right -turn overlap phasing at the northbound and westbound approaches of Winchester Road and Nicolas Road as established in Table B - Cost Estimate Summary identified in the Arbor Vista Residential — Final Summary of Impacts and Mitigation Measures dated May 13, 2014. PW -37. Traffic Mitigation. Prior to the issuance of the 40th building permit, the Developer shall pay the amount established in Table B - Cost Estimate Summary identified in the Arbor Vista Residential — Final Summary of Impacts and Mitigation Measures dated May 13, 2014. PW -38. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. PW -39. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. Prior to Issuance of Certificate of Occupancy PW -40. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all onsite work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. PW -41. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. PW -42. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. PW -43. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. fAie : tIVERSIDE COUNTY COMMUNITt. .-=ALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH 4diiii, r August 1, 2012 City of Temecula Planning Department Attn: Matthew Peters P.O. Box 9033 Temecula, CA 92589-9033 RECEIVED AUG 1 6 2012 SUBJECT: CITY OF TEMECULA — PLANNING APPLICATION (PA) #12-0133 & PA#12-0134 -TENTATIVE TRACT MAP 36479 (APN#919-350-017, 018, 019, 120) Dear Mr. Peters: The project(s) listed in the subject heading of this letter is proposing to subdivide 73 acres into 73 single family cluster lots with a minimum lot size of 6,500 square feet. Approximately 55% of the site will be preserved as permanent open space to preserve the existing drainage on-site. A public park and a private park are proposed along with water quality retention basins. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the proposed project: POTABLE WATER SERVICE AND SANITARY SEWER SERVICE: A General Condition shall be placed on this project indicating the proposal for Rancho California Water District (RCWD) potable water service and Eastern Municipal Water District (EMWD) sanitary sewer service. Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located in their service area. Therefore, a "will -serve" letter shall not be required from EMWD for sanitary sewer service. However, a "will -serve" letter for potable water service shall be required from RCWD prior to Planning Department approval of this project. It is the responsibility of the developer to ensure that all requirements to obtain potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. RETENTION BASINS A General Condition shall be placed on this project indicating that any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. Matthew Peters, Project Plann.:: City of Temecula, Planning Department August 1, 2012 REMOVAL/ABANDONMENT OF ANY EXISTING OWTS AND WELLS: Prior to the issuance of a grading permit, the developer shall be required to properly remove or abandon under permit with DEH, all existing onsite wastewater treatment systems (OWTS) and water wells. A grading plan showing the location of all existing OWTS and wells to be removed or abandoned shall be submitted to DEH for review and approval. DEH fees shall apply. If there are no existing OWTS and/or wells to be removed or abandoned, the developer shall submit a written statement to this Department for review and consideration. INDUSTRIAL HYGIENE Written clearance from the County of Riverside, Industrial Hygiene shall be required. Please note that a noise study may be required along with applicable review fees. For further information, please contact Industrial Hygiene at (951) 955-8982. ENVIRONMENTAL ASSESSMENT — PHASE I / PHASE II An Environmental Assessment (EA) Phase I study shall be required prior to Planning Department approval of this project. Please submit an EA Phase I study and applicable review fees to DEH Environmental Cleanups Program (ECP). For further information, please contact ECP at (951) 955- 8982. Phase I Environmental Assessment — The intent of a Phase I Assessment is to determine if any chemicals or pesticides were used on the property, the location of use, and any possible lingering negative effects. This condition requires the applicant to compile sufficient information about the property and land uses to aid the Department in making a determination of whether additional investigation is needed. If concerns are identified in this report, a Phase II Assessment shall be required. Phase II Environmental Assessment — The intent of a Phase II Assessment is to further investigate concerns identified during the Phase I Assessment. This Phase II Assessment could ascertain if levels of hazardous or toxic substances remain in the soil. The Phase II Assessment would be waived if the Phase I Assessment indicated a low level of concern for any hazardous or toxic substances. Please note that the Environmental Assessment process serves to protect public health and welfare by lessening the change of hazardous or toxic substances remaining on the property and interfering with safe land use. Environmental Resources Management Division • Land Use/Water Engineering Program 4080 Lemon St., 2� Floor, Riverside, CA 92501 • (951) 955-8982 • FAX (951) 781-9653 38686 El Cerrito Rd., Palm Desert, CA 92211 • (760) 393-3390 • FAX (760) 863-7013 Matthew Peters, Project Piannk._ City of Temecula, Planning Department August 1, 2012 Should you have any questions regarding this letter, please contact me at (951) 955-8980. MiclMistica, MBA, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division Environmental Resources Management Division • Land Use/Water Engineering Program 4080 Lemon St., 2nd Floor, Riverside, CA 92501 • (951) 955-8982 • FAX (951) 781-9653 38686 El Cerrito Rd., Palm Desert, CA 92211 • (760) 393-3390 • FAX (760) 863-7013 iIVERSIDE COUNTY COMMUNIT* _ALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH .204/11;06ii, August 1, 2012 City of Temecula Planning Department Attn: Matthew Peters P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: CITY OF TEMECULA — PLANNING APPLICATION (PA) #12-0131 & PA#12-0132 —GENERAL PLAN AMENDMENT AND ZONE CHANGE (APN#919-350-017, 018, 019, 120) Dear Mr. Peters: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has reviewed the planning case(s) referenced in the subject heading of this letter and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. If you have any questions regarding this letter please contact me at (951) 955-8980. ichael Mistica, MBA, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division COUNTY OF RIVERSID DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director September 24, 2013 City of Temecula Planning Department Attn: Eric Jones, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA#12-0133— ARBOR VISTA TENTATIVE TRACT MAP 36749 SECOND SUBMITTAL (APNs#919-350-017, 018, 019, 120) Dear Mr. Jones: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the second submittal of planning case PA#12-0133. Based on the information provided, the planning application is seeking to obtain approval of a Tentative Tract Map (No. 36479) to subdivide 73 acres into 83 single-family cluster lots. This project is located at the southeast corner of Nicolas and Via Lobo Roads in Temecula, CA. Please note that the project's initial comments mentioned in the DEH letter dated August 1, 2012 remains applicable. Should you have any questions regarding this letter, please contact me by phone at (951) 955-8980. Sine ichael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • Phone: (888)722-4234 www.rivcoeh.org COUNTY OF RIVERSID`- DEPAR 1'MENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director September 24, 2013 City of Temecula Planning Department Attn: Eric Jones, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: SECOND SUBMITTAL — ARBOR VISTA - RPR, CZ, & GPA PA#12-0131, PA#12-0132, & PA#12-0134 (APNs#919-350-017, 018, 019, 120) Dear Mr. Jones: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the second submittal of the planning cases listed in the subject heading of this letter and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. Should you have any questions regarding this letter, please contact me at (951) 955-8980. Si chael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • Phone: (888)722-4234 www.rivcoeh.org Rancho Water Board of Directors John E. Hoagland President Ben R. Drake Sr. Vice President Stephen J. Corona Lisa D. Herman William E. Plummer Roland C. Skumawitz James "Stew" Stewart Officers Matthew G. Stone General Manager Richard S. Williamson, P.E. Assistant General Manager Jeffrey D. Armstrong Chief Financial Officer/Treasurer N. Craig Elitharp, P.E. Director of Operations & Maintenance Perry R. Louck Director of Planning Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel July 26, 2012 Matthew Peters City of Temecula 41000 Main Street Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY ARBOR VISTA (TENTATIVE TRACT/PARCEL MAP NO. 36479); PARCEL NOS. 1 THROUGH 4 TOGETHER WITH LETTERED LOTS B THROUGH H INCLUSIVE, AS SHOWN BY PARCEL MAP NO. 9783, ON FILE IN BOOK 54, PAGE 45; APNS 919-350-017, 919-350-018, 919- 350-019, AND 919-350-020 [REGENT NICOLAS 73] Dear Mr. Peters: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1380 Pressure Zone) and 54 -inch diameter pipeline (1305 Pressure Zone) within Nicolas Road. Water service to the subject project/property does not exist. Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water meters for landscape irrigation, as applicable. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project/property development relative to water supply shortage contingency measures (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances), and/or the adoption of a required Water Supply Assessment, as determined by the Lead Agency. 12\PD:hab003\F450\FEG Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, aCaliforniaor92589-9017 • (951) 296-6900 • FAX (951) 296.6860 Matthew Peters/City of Temecula July 26, 2012 Page Two There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and/or the basin plan objectives and the permit conditions issued by the appropriate Regional Water Quality Control Board. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Phillip Dauben Assistant Engineer cc: Corey Wallace, Engineering Manager -Design Warren Back, Engineering Manager -Planning Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor 12 \PD:hab003\F450\FEG Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92199-9017 • (951) 396-8900 • FAX (151) 296-6860 www.ranchowater.com RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0134, A HOME PRODUCT REVIEW APPLICATION FOR ARBOR VISTA LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Communtiy Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review in a manner in accord with the City of Temecula General Plan and Development Code. H. On August 12, 2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 14 - adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Home Product Review application hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; This application is accompanied by a Tentative Tract Map 36479, General Plan Amendment and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 39 acres of the 73 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project has been designed to ensure compliance with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project is consistent with all applicable building, development and fire codes, which include provisions to safeguard the health, safety, and general welfare of the community. Section 3. The City Council hereby approves Planning Application No. PA12- 0134, a home product review application for Arbor Vista located at the southeast corner of Via Lobo And Nicolas Road (APNs 919-350-017, 018, 019, 020). Section 4. The City Clerk shall certify to the adoption of the Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 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 12th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval of This Project EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA12-0134 A Residential Home Product Review application for 83 lots to be created with TTM 36479 (PA12-0133) for four floor plans ranging in size from 2,700 to 3,500 square feet with three elevation types of each: Craftsman, Spanish, and Traditional. The residential portion of this project is proposed to be gated. However, the residential area is designed to be surrounded by amenities that are open to the public, but privately maintained, including trails, a park with splash pad, and associated parking lot off of Nicolas Road. APNs 919-350-017, 018, 019, 020 Single -Family Residential (less than 8 du/ac) Residential - Detached Single -Family Residential Single -Family with Attached Garage To be Determined by City Council To be Determined by City Council PL -1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Thirty -One Dollars and Twenty -Five Cents ($2,231.25) which includes the Two Thousand One Hundred Eighty -One Dollars and Twenty -Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements PL -2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By "use" is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. PL -7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL -9. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL -10. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. PL -11. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL -12. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made prior to the expiration date. PL -13. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. PL -14. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -15. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. PL -16. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. PL -17. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. PL -18. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class I trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. PL -19. Open Space. As identified on Tentative Tract Map No. 36479, Lot 88 shall be preserved as permanent Open Space — Conservation. Other than the regional trail connection, this area is to be permanently preserved as natural open space. Prior to Issuance of Grading Permit(s) PL -20. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL -21. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. PL -22. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Community Development shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community Development." PL -23. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL -24. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." PL -25. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." PL -26. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." PL -27. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." PL -28. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." PL -29. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. PL -30. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -31. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit(s) PL -32. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. PL -33. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. PL -34. Quimby Requirements. The developer satisfied the City's parkland dedication (Quimby) requirement by constructing a 6.4 acre park on site. PL -35. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -36. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -37. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -38. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -39. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -40. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -41. Irrigation. The landscape plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for (private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). PL -42. Temporary Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscape plans shall indicate that it will be temporarily landscaped and irrigated for dust and soil erosion control. PL -43. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. PL -44. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: PL -45. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -46. WQMP Treatment Devices. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Community Development. PL -47. Roof -Mounted Mechanical Equipment. Roof -mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Director of Community Development approval. PL -48. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. PL -49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas, including but not limited to, trellises, decorative furniture, fountains, hardscape to match the style of the building subject to the approval of the Director of Community Development. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -50. Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -51. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -52. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. PL -53. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL -54. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. PL -55. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. PL -56. TCSD Service Levels. It shall be the developer's responsibility to provide written disclosure of the existence of the Temecula Community Service District (TCSD) and its service level rates and charges to all prospective purchasers. PL -57. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION B-1. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. B-2. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. B-3. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes, 2013 California Electrical Code, California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. B-4. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. B-5. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. B-6. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of- way. B-7. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. B-8. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to Building and Safety to ensure the payment or exemption from School Mitigation Fees. B-9. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-10. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-11. Demolition. Demolition permits require separate approvals and permits. B-12. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits B-13. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B-14. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-15. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) B-16. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. B-17. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) B-18. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction B-19. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION F-1. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of submittal for permits. F-2. Required Submittals (Fire Sprinkler Systems). Residential fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. PW -2. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. PW -3. Precise Grading Permit. A precise grading permit for onsite improvements (outside of public right-of-way) shall be obtained from Public Works. PW -4. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. PW -1. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required. An encroachment permit shall be obtained: a. From Public Works for public offsite improvements. PW -2. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. PW -3. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. PW -4. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. PW -5. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -yr storm event and/or is not contained within the street right-of-way for the 100 -yr storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. PW -6. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. PW -7. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. PW -8. DG Multipurpose Trail. The multipurpose trail shall be privately maintained. Prior to Issuance of Grading Permit(s) PW -9. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. PW -10. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as the San Diego Regional Water Quality Board (401 certification), Army Corps of Engineers (404 certification), California Department of Fish and Wildlife (Section 1603 Streambed Alteration Agreement), RCFC&WCD and other affected agencies. PW -11. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/engineeringcons tmanual.htm PW -12. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security for private development and entering into an agreement to guarantee the erosion & sediment control improvements. PW -13. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.sht ml PW -14. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project - specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Refer to the WQMP template and agreement link below: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPD ES/WQMP.htm PW -16. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, the developer shall show proof of credit; and no new charge will be required. PW -17. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. PW -18. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. PW -19. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and pavement sections. PW -20. Letter of Permission/Easements. The developer shall coordinate with adjacent property owners affected by the project's improvements and shall obtain the required documents such as letters of permission, easement(s) and/or maintenance agreement(s) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. PW -21. Gate Entrances. If gates are being proposed at project entrances, the configuration, stacking distance and turn -around ability shall be reviewed and approved by Public Works and the Fire Department. PW -22. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. PW -23. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) PW -24. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. PW -25. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. PW -26. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. PW -27. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) PW -28. Final Map. Prior to issuance of the first building permit, Tract Map No. 36479 shall be approved and recorded. PW -29. Traffic Mitigation. Prior to the issuance of the first building permit, the Developer shall provide a right -turn overlap phasing at the northbound and westbound approaches of Winchester Road and Nicolas Road as established in Table B - Cost Estimate Summary identified in the Arbor Vista Residential — Final Summary of Impacts and Mitigation Measures dated May 13, 2014. PW -30. Traffic Mitigation. Prior to the issuance of the 40th building permit, the Developer shall pay the amount established in Table B - Cost Estimate Summary identified in the Arbor Vista Residential — Final Summary of Impacts and Mitigation Measures dated May 13, 2014. PW -31. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Nicolas Road (Modified Principal Arterial Standard No. 100 —110' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, seven (7) foot wide planter area, five (5) food wide sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median. b. The developer shall start construction of the median per the approved plans or pay an "in -lieu of construction" fee for half width raised landscape median on Nicolas Road (Principal Arterial Standards — 110' R/W), from Via Lobo to the easterly property boundary. c. Improve Via Lobo Road from Nicolas Road to Station 90+52 to include a 44 -foot wide dedication of the easterly half -width street right-of-way, installation of a twenty (20) foot wide half -width street improvements to include paving, curb and gutter; six (6) foot wide sidewalk, twelve (12) foot wide planter area, six (6) foot wide D.G. multipurpose trail, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). d. Improve Via Lobo Road from Station 90 + 52 to Station 89 + 76 to include a 44 - foot wide dedication of the easterly half -width street right-of-way, installation of a twenty (20) foot wide half -width street improvements to include paving, curb and gutter; six (6) foot wide sidewalk, twelve (12) foot wide planter area, six (6) foot wide D.G. multipurpose trail, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). PW -32. Private Roads. Private roads shall be designed to meet City public road standards. Unless otherwise approved, the following minimum criteria shall be observed in the design of private streets: a. Improve "A", "B", "D", "E", and "C" Street east of "E" Street (Private Street - 41' R/E) to include installation of full -width street improvements and sidewalk as shown on the Tentative Tract Map. b. Improve "C" Street west of "E" Street (Private Street - 37' R/E) to include installation of full -width street improvements and sidewalk, as shown on the Tentative Tract Map. c. Improve "C" Street at the main entry (Private Street — 81.5' R/E) to include installation of full -width street improvements and sidewalk as shown on the Tentative Tract Map. PW -33. Undergrounding Wires. All existing and proposed utility lines, except electrical lines rated 34kV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. PW -34. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. PW -35. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of Certificate of Occupancy PW -36. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all onsite work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. PW -37. Utility Agency Clearances. The developer shall receive written clearances from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. PW -38. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. PW -39. Certifications. Certifications are required from the registered civil engineer -of -record certifying satisfactory completion of all improvements per the approved plans and from the soil's engineer—of-record certifying the final compaction. City of Temecula Community Development Planning Division Notice of Proposed Mitigated Negative Declaration PROJECT: APPLICANT: LOCATION: Arbor Vista Cluster Residential Lenny Dunn, Regent Properties The project site is located on the southeast corner of Nicolas and Via Lobo Roads, City of Temecula, Riverside County. (APNs 919-350-017, -018, -019, -020) DESCRIPTION: Planning Application No. PA12-0131, a General Plan Land Use map change from Very Low (VL) Density Residential to Low (L) Density Residential. Planning Application No. PA12-0132, a Zoning Map and Text change from Very Low (VL) Density Residential to Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. Planning Application No. PA12-0133, 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 onsite. Planning Application No. PA12-0134, a Residential Home Product Review application for 83 lots to be created with TTM 36479 (PA10-0133) for 4 floor plans ranging in size from 2,700 to 3,500 square feet with three elevation types of each: Craftsman, Spanish, and Traditional. The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described above. Based upon the information contained in the Initial Environmental Study, and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Mitigated Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program and will be included as part of the Mitigated Negative Declaration for this project. The Comment Period for this proposed Mitigated Negative Declaration is April 21, 2014 to May 20, 2014. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 41000 Main Street, Temecula, CA 92590 The public notice of the intent to adopt this Mitigated Negative Declaration is provided through: ®The Local Newspaper ®Posting the Site ['Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Matt Peters, Associate Planner at (951) 4-6408. Si nture (l 9 ) Prepared by: 45oCialc ?1c4N (Title) MITIGATED NEGATIVE DECLARATION Initial Study & Environmental Analysis For: Arbor Vista Cluster Residential TTM No. 36479 PA 12-0131, 0132, and 0133 April 17, 2014 Prepared By: City of Temecula Community Development Department 41000 Main Street Temecula, CA 92590 (951) 694-6400 ]3 4 Community Development Department 9 City of Temecula 41000 Main Street, Temecula, CA 92590 Environmental Checklist Project Title Arbor Vista Cluster Residential (TTM No. 36479) Lead Agency Name and Address City of Temecula 41000 Main Street, Temecula, CA 92590 Contact Person and Phone Number Matt Peters (951) 694-6408 matt.peters_pcityoftemecula.org The project site is located on the southeast corner of Nicolas and Via Lobo Roads, City of Temecula, Riverside County. (APNs 919-350-017, -018, -019, -020) Project Location Project Sponsor's Name and Address Lenny Dunn, Regent Nicolas 73, LLC c/o Regent Properties 11990 San Vincente Boulevard, Suite 200 Los Angeles, CA 90049 General Plan Designation VL- Very Low Density Residential Zoning VL -Very Low Density Residential Description of Project Planning Application No. PA12-0131, a General Plan Land Use Map change from Very Low (VL) Density Residential to Low (L) Density Residential and (OS) Open Space. Approximately 39 acres will be permanently preserved as open space. Project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads (APNs 919-350-017, -018, -019, -020). Planning Application No. PA 12-0132, a Zoning Map and Text change from Very Low (VL) Density Residential to Planned Development Overlay (PDO) based on the standards of the Open Space (OS) and Low (L) density residential designations with provisions for a cluster development. Approximately 39 acres will be permanently preserved as open space. Planning Application No. PA 12-0133, 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 39 acres will be permanently preserved as open space. Also, other portions of the site associated with the residential component result in another 4 acres, or approximately 59% of the site preserved as permanent open space. Environmental issues have been avoided by designing a compact development footprint, staying away from the existing drainage onsite, and designating the drainage and sensitive portions of the site as Open Space (OS). Access to the site will be provided from Nicolas and Via Lobo Roads. The extent of this evaluation is overall implementation of the aforementioned entitlement applications, which include site preparation, grading operations, installation of required back -bone infrastructure such as; sewer, water and dry utilities, and construction of internal streets and necessary storm drain and water quality infrastructure. This evaluation also considered the design as relates Surrounding Land Uses and Setting to Metropolitan Water District, Southern California Gas Company and Southern California Edison Company easements. In addition, the project will include amenities to support the implementation of the development of 83 single family homes, such as a 6 acre park and associated parking lot, trails, gates, fences, walls, pilasters, and entry monuments. Improvements to Nicolas and Via Lobo Roads consistent with the City of Temecula's General Plan Circulation Element are also evaluated. Planning Application No. PA12-0134, a Residential Home Product Review application for 83 lots to be created with TTM 36479 (PA10- 0133) for 4 floor plans ranging in size from 2,700 to 3,500 square feet with three elevation types of each: Craftsman, Spanish, and Traditional. The residential portion of this project is proposed to be gated. However, the residential area is designed to be surrounded by amenities that are open to the public, but privately maintained, including trails, a park with splash pad, and associated parking lot off of Nicolas Road. The Project site is located in the northwest corner of the City of Temecula referred to as the "Nicolas Valley." This area is in transition from a rural setting characterized by large lots, modest homes, horses, and dirt roads to a more suburban/urban setting as evidenced by two new churches, a Southern California Edison substation with nine new 100 -foot high tension power line cables, and recently approved Walcott Estates consisting of 45 homes clustered on 22 acres. Furthermore, Roripaugh Ranch surrounds Nicolas Valley to the north and east and will contain approximately 2,000 units, a sports park, middle and elementary schools and a neighborhood commercial site. This area is under construction and includes improvements to Nicolas Road, which will further change the character of the Nicolas Valley. All utilities are underground and available to the site from Nicolas or Via Lobo Roads. Water is provided by Rancho California Water District (RCWD); sewer is provided by Eastern Municipal Water District (EMWD); cable is provided by Time Warner Cable; telephone is provided by Verizon; gas is provided by Southern California Gas Company; and electricity is provided by Southern California Edison. The site is located within the Temecula Valley Unified School District (TVUSD). The subject property is a vacant hill with surrounding land, including an unnamed drainage. Properties to the north and west are developed at Low -Medium Density (LM). Directly south of the subject property is property developed at Very Low Density (VL), known as Meadowview. East of the subject property lies undeveloped land, zoned Very Low Density (VL). Other public agencies whose approval is required None Public Review Period From: April 21, 2014 To: May 20, 2014 2 AVOAo. Est tea: ./ z`. w O 2S0 • 000 1000 vete SPCC F T Pn it no 11 Tv♦♦ VIGO'RoiD 3 4 IV REGIONAL TRAIL I CLASS BIKE TRAIL • 5' SIDEWALK - 5' DECOMPOSED GRANITE NICOLAS VALLEY MONUMENT CONSISTENTWITH NICOLAS VALLEY DESIGN GUIDELINES ARBOR VISTA COMMUNITY MONUMENT CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES GATED ENTRY WITH KNOX RAND ENTRY 6' DECOMPOSED GRANITE REGIONAL TRAIL ' CLASS II BIKE LANE (TO BE PRIVATELY MAINTAINED) 3 RAIL FENCE CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES ARBOR VISTA COMMUNITY MONUMENT CONSISTENT WITH NICOLAS VALLEY DESIGN GUIDELINES GATED ENTRY WITH KNOX RAPID ENTRY 8 DECOMPOSED GRANITE REGIONAL TRAIL 'TO BE PRIVATELY MAINTAINED' JUSRISTICTIONAL BOUNDARY I 00 YEAR WATER MARK BOUNDARY 3 RAIL FENCEWITH STONE PILASTERS CONSISTENT WITH NICOLASVALLET DESIGN GUIDELINES PUBLIC PARK (TO BE PRIVATELY MAINTAINED) NATURAL SLOPEAREA PRIVATE TRAIL CONNECTION FROM STREET C REGIONAL TRAIL CONNECTION REGIONAL TRAIL CONNECTION uum al!S :V i!Qlgi3 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Noise Air Quality Population and Housing Biological Resources Public Services Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Soils Utilities and Service Systems Hazards and Hazardous Materials Mandatory Findings of Significance Hydrology and Water Quality None Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. _ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Project Plann Armando G. Villa, AICP Community Development Director 6 Date: Wil?-- 19 Date: 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversel affect da or ni•httime views in the area? Less Than Significant Impact No Impact X X X X Comments: The City's General Plan, Final Environmental Impact Report, and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a reference source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street. The GIS Map Sets are available online at www.cityoftemecula.orq. 1.a. No Impact: There are no designated scenic vistas affected by the project. The Community Design Element of the City of Temecula's General Plan identifies important scenic viewsheds to ensure that all new public and private development projects will not obstruct the public views of scenic resources. According to the exhibit on page CD -5 of the General Plan, the subject property has not been identified as a scenic vista or viewshed. No impacts are anticipated as a result of the project. 1.b. No Impact: The project site is not located on a scenic highway. The project site is a vacant hill and surrounding low-lying lands; however, no trees, rock outcroppings, or historic buildings will be affected by the proposed project. As addressed above in section 1.a. and according to the General Plan, the project site contains no scenic vistas or viewsheds. No impact is anticipated and no mitigation measures are required. 1.c. Less Than Significant Impact: The proposed project is located on a vacant parcel composed of a small hill and the surrounding low-lying land on the southeast corner of Nicolas (4 -lane major arterial) and Via Lobo (2 -lane residential) Roads. Existing residential developments are located immediately north, south, and west of the project site. The project is part of a developing corridor and provides a transition between existing and future development by clustering development on approximately 23 acres and preserving 50 acres of open space. The open space will be adjacent to the existing residential dwellings to the south providing an adequate buffer between the existing and proposed development. The project will contain 83 single-family residential units consisting of three different floor plans and three different architectural styles, including Craftsman, Traditional, and Spanish. The homes will contain significant articulation and massing, varied rooflines, and architectural specific details and materials. The project also contains significant landscaping, trails, and rural, three -rail fencing with stone pilaster details. The project was designed to preserve open space and to complement surrounding residential development. A less than significant impact is anticipated as result of the project. 1.d. Less Than Significant Impact: The proposed project site is currently vacant with no sources of light or glare. Future development on the project site will introduce new generators of light and glare typically associated with residential development. The City of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655). This requires all lighting to be shielded, directed down to avoid glare onto adjacent properties, and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspection process. A less than significant impact is anticipated as a result of this project. 7 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts resources are significant environmental effects, lead agencies may refer to Agricultural Land Evaluation and Site Assessment Model (1997) prepared by Dept. of Conservation as an optional model to use in assessing impacts on farmland. In determining whether impacts to forest resources, including significant environmental effects, lead agencies may refer to information compiled California Department of Forestry and Fire Protection regarding the state's inventory land, including the Forest and Range Assessment Project and the Forest Legacy Project; and forest carbon measurement methodology provided in Forest Protocols by the California Air Resources Board. Would the project: to agricultural the California the California agriculture and timberland, are by the of forest Assessment adopted Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(0 X d Result in the loss of forest land or conversion of forest land to non -forest use? X e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? X Comments: The City's General Plan, Final Environmental Impact Report, and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a reference source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street. The GIS Map Sets are available online at www.citvoftemecula.orq. 2.a.c.d.e. No Impact: According to the City of Temecula General Plan, the project site does not contain and will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. Forest and/or Timberland do not exist on the property or in the surrounding area. Property to the north, south, and west all contain existing single-family dwellings, while the property to the east is a vacant lot. However the vacant property is zoned VL -Very Low Density Residential and is not intended for agricultural purposes. Therefore, the construction of the project will not have any impacts to these types of farmland or forest resources. 2.b. No Impact: The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act Contract. Consequently, there are no impacts related to this issue. 8 3. AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make following determinations. Would the project: air the Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Conflict with or obstruct implementation of the applicable air quality plan? b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X X c d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: An Air Quality and Greenhouse Gas Study was prepared by Entech Consulting Group for this project dated August 2013. The findings in this report were used to evaluate this section on Air Quality. A copy is available for review at City Hall, or can be provided by email. 3.a.b. Less Than Significant Impact: According to the Air Quality and Greenhouse Gas Study by Entech Consulting Group (pages 34 and 35), "Based on the air quality emissions modeling contained in this report, with the implementation of identified mitigation measures, the air emissions associated with this proposed project would be below the applicable thresholds of significance consistent with SCAQMD's Air Quality Management Plan." The project is anticipated to have a less than significant impact. 3.c. Less Than Significant Impact: According to the Air Quality and Greenhouse Gas Study by Entech Consulting Group, "The operational impact analysis is based on cumulative traffic conditions in the project area." As shown in that analysis, "The proposed project would not result in violations of the state or federal ambient air quality standards. The proposed project would be consistent with the SCAQMD's AQMP, which is the long range air quality planning document. Thus, the proposed project would have a less than significant impact on cumulative regional and local air quality." Furthermore, it is stated, "After a detailed analysis, it has been determined that no significant impacts will be created from the construction and operation of the proposed project, thus no mitigation measures are required." The project is anticipated to have a less than significant impact. 3.d. Less Than Significant Impact With Mitigation Incorporated: According to the City of Temecula General Plan, as defined in figure AQ -2 of the General Plan, there no known sensitive receptors (hospitals, schools, libraries, child care centers, and adult -assisted care facilities) that would be exposed to substantial pollutant concentrations in the immediate vicinity. The South Coast Air Quality Management District (SCAQMD), however, classifies the surrounding residences as sensitive receptors. The surrounding residences may be exposed to some pollutant concentrations on a short-term basis during construction and grading activities. According to the Air Quality and Greenhouse Gas Study by Entech Consulting Group (page 35), "After a detailed analysis, it has been determined that no significant impacts will be created from the construction and 9 operation of the proposed project, thus no mitigation measures are required." Furthermore, as indicated in Table 6 from the report, the project does not exceed peak day construction emissions. Table 6. Peak- Day Construction Emissions (lbs/day) by Construction Year Construction Year ROG NOx CO SO2 PM10 PM2.5 2014 11 91 52 0.1 23 14 SCAQMD Significance Threshold 75 100 550 150 150 55 Exceed Significance? no no no no no no 2015 5 30 25 0.05 3 3 SCAQMD Significance Threshold 75 100 550 150 150 55 Exceed Significance? no no no no no no Source. (Entach Consulting Group, 2013) However, it is recommended that the following Best Available Control Measures (BACM) be implemented as mitigation to minimize those emissions of PM10 and PM 2.5 during construction as a preventative measure. MITIGATION MEASURES Mitigation Measure Air Quality 1: • Minimize land disturbances • Utilize watering trucks to minimize dust • Cover trucks when hauling dirt • Put grading and earth moving on hold when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dispersion • Stabilize the surface of dirt piles if they are not removed immediately • Sweep nearby paved streets at least once per day if there is evidence of dirt that has been carried ont the roadway • Revegetate disturbed land as soon as possible • Remove unused materials 3.e. Less Than Significant Impact: Development of the project will not create any considerably objectionable odors that will affect a substantial number of people in the surrounding community. In considering the scope of the project and the fact that construction activities will occur on a temporary basis, the impact is anticipated to be Tess than significant. 10 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources 1 Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X b c Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? X Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X X e f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation • Ian? X Comments: A General Multiple Species Habitat Conservation Plan (MSHCP) Habitat Assessment and Regulatory Constraints Analysis for the 73 -acre Nicolas 73 Project Site by Cadre Environmental, and a Peer Review of the report by First Carbon Solutions July 2013 were used to complete the section on Biological Resources. Copies of both reports are available at City Hall for review, or by email. 4.a. Less Than Significant Impact With Mitigation Incorporated. Implementation of the Project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. The Project site is vacant and previously disturbed. According to the General MSHCP Habitat Assessment and Regulatory Constraints Analysis for the 73 -acre Nicolas 73 Project Site by Cadre Environmental (pg.16), and a Peer Review of the report by First Carbon Solutions, no sensitive plant communities were documented on site. In addition, all direct and indirect impacts to MSHCP riparian/riverine resources including ephemeral wash, riparian scrub — sandbar willow, and southern willow scrub habitats have been avoided. 11 The analysis identified that no burrowing owl or characteristic sign were documented within or immediately adjacent to the project site. Regardless, at a minimum, a 30 -day preconstruction survey is required prior to ground disturbance activities. MITIGATION MEASURES Bio 1: A qualified biologist shall survey the property for burrowing owls no more than 30 days prior to the issuance of a grading permit. 4.b. No Impact: Riparian/Riverine areas are lands which contain habitat dominated by trees, shrubs, persistent emergent vegetation, or emergent mosses and lichens, which occur close to, or which depend upon, soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a portion of the year. Implementation of the Project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. According to the General MSHCP Habitat Assessment and Regulatory Constraints Analysis, all Riparian/Riverine resources are avoided and no vernal pools exist on site, nor were any species associated with these habitats observed onsite. No impacts are anticipated; therefore, no mitigation measures are required. 4.c. No Impact The Project site does not contain federally protected wetlands as defined by Section 404 of the Clean Water Act. To be considered a wetland, a site must meet three criteria: hydric soils, wetland hydrology, and hydrophytic vegetation. Hydric soils are defined by the national Technical Committee as soils that formed under conditions of saturation, flooding, or ponding long enough during the grow season to develop anaerobic conditions in the upper part of the soil. Wetland hydrology is present when, under normal circumstances, the land surface is either inundated or the upper portion of the soil is saturated at a sufficient frequency and duration to create anaerobic conditions. These conditions are also required in order for hydrophytic vegetation to be present. Implementation of the project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. The project site is not characterized by any riparian habitat or wetland. No impacts are anticipated; therefore, no mitigation measures are required. 4.d. Less Than Significant Impact Because the project footprint does not directly impact riparian/riverine and vernal pool resources; does not occur within a predetermined survey for narrow endemic plant species, criteria area species, amphibian species or mammal species; and no burrowing owls or characteristics were found on site, a Determination of Biologically Equivalent or Superior Preservation process is not required. Impacts anticipated are less than significant, therefore, no mitigation measures are required. 4.e. No Impact The construction and development of the project will not conflict with any local ordinances or policies as they relate to the protection of biological resources. The City of Temecula has recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. However, no trees designated in the Ordinance were located on the subject property. The City of Temecula General Plan outlines a number of policies which emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that development proposals identify significant biological resources. The Biological Assessment that was completed for the proposed project site did not identify any sensitive plant species, sensitive bird species, sensitive mammal species, sensitive reptile or amphibian species on site. Additionally, a Burrowing Owl survey was completed to identify any potential habitat which would assess the likelihood that Burrowing Owls would utilize the property. No Burrowing Owls were found on-site. The Project will be conditioned for a 30 -day pre -construction survey report prior to grading. As a result, no impacts will occur. 4.f. Less Than Significant Impact: The proposed development of the project will not conflict with the provisions of the Multi -Species Habitat Conservation Plan (MSHCP). The MSHCP is a comprehensive, multi - 12 jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The following excerpt is taken directly from the General MSHCP Habitat Assessment and Regulatory Constraints Analysis for this project. As a result, impacts are considered less than significant. SUMMARY OF CONSISTENCY WITH MSHCP POLICIES Criteria Areas The Project Site is located within the Western Riverside County MSHCP Southwest Area Plans outside of a Criteria Area or Subunit. Narrow Endemic Plant Species Survey Area The Project Site is not within the Narrow Endemic Plant Species Survey Area; therefore, no surveys were required. Criteria Area Species Survey Area The Project Site is not within the Criteria Area Species Survey Area; therefore, no surveys were required. Amphibian Species Survey Area The Project Site is not within the Amphibian Species Survey Area; therefore, no surveys were required. Mammal Species Survey Area The Project Site is not within the Mammal Species Survey Area; therefore, no surveys were required. Burrowing OwI Survey Area The Project Site is within the Burrowing OwI Survey Area. Focused surveys are currently being conducted based on the MSHCP and CDFG Staff Report protocol guidelines. Mitigation and avoidance measures as outlined in the MSHCP will be implemented based on the results of the survey, as warranted. As stated in the MSHCP: "If the site (including adjacent areas) support three or more pairs of burrowing owls and supports greater than 35 acres of suitable habitat and is non-contiguous with MSHCP Conservation Area lands, at least 90 percent of the area with Tong -term conservation value and burrowing owl pairs will be conserved onsite." (MSHCP 2004) Riparian/Riverine Areas And Vernal Pools As previously presented, the Project Site supports areas that meet the MSHCP definition of riparian and riverine resources. The Project Site does not support vernal pool resources. All direct impacts to MSHCP riparian/riverine resources will be avoided. 13 Urban/Wildlands Interface The guidelines pertaining to the Urban/Wildlands Interface guidelines presented in Section 6.1.4 of the MSHCP are intended to address indirect effects associated with locating developments in proximity to a MSHCP Conservation Area. Although the proposed open space located south of the development impact area is not a MSHCP Conservation Area, the project design features and best management practices incorporated into the proposed project address and minimize edge effects associated with the Urban/Wildlife interface. Fuels Management The fuels management guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. Although the proposed open space located south of the development impact area is not a MSHCP Conservation Area, no fuel medication will extend into the open space or impact MSHCP riparian/riverine resources. 14 5. CULTURAL RESOURCES. Would the project: a Issues and Supporting Information Sources Potentially Significant Impact Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less Than Significant With Mitigation Incorporated X Less Than Significant Impact No Impact c Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? X X Comments: A Cultural and Paleontological Resources Survey Report for the Arbor Vista Cluster Residential Project was prepared by Dudek, dated August 2013, and used to evaluate this section on Cultural Resources. A copy is available for review at City Hall, or can be provided by email. 5.a—d. Less Than Significant With Mitigation Incorporated: The City of Temecula General Plan does not identify the subject parcel as a sensitive archeological resource area; however, the subject parcel is identified as being in a highly sensitive paleontological area. A cultural resources report on the subject property was provided by the applicant entitled, "A Cultural and Paleontological Resources Survey Report for the Arbor Vista Cluster Residential Project" prepared by Dudek. The report concluded that no cultural or paleontological resources in the project area were found within the subject property boundaries, but recommended if any remains were exposed during development; the area should be re-evaluated by a qualified archaeologist. While the likelihood of encountering any cultural resources is low, there is potential, as with any project involving earth moving activities, to uncover unknown subsurface cultural resources. Therefore, the project will be conditioned that if, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, consultation with the Pechanga Tribe has occurred and the following mitigation measures have been provided (letter dated October 15, 2013), and are incorporated below: MITIGATION MEASURES Mitigation Measure CultRes 1: Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. Mitigation Measure CultRes 2: At least 30 days prior to beginning project construction; the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Temecula and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Mitigation Measure CultRes 3: Prior to beginning project construction, the Project Archaeologist shall file a pre -grading report with the City (if required) to document the proposed methodology for grading activity observation, which will be determined in consultation with the Pechanga Tribe. Said methodology shall include 15 the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in Mitigation Measure CultRes 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. Mitigation Measure CultRes 4: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in Mitigation Measure CultRes 2. Mitigation Measure CultRes 5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. Mitigation Measure CultRes 6: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Mitigation Measure CultRes 7: If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the Developer, the project archaeologist and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Director of Community Development shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Director of Community Development shall be appealable to the Planning Commission and/or City Council. 16 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii Strong seismic ground shaking? X iii Seismic -related ground failure, including liquefaction? _ X iv Landslides? X b Result in substantial soil erosion or the loss of topsoil? X c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X X d Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X _.. Comments: A Geotechnical Investigation and Percolation Testing Report for Nicolas 73 were prepared by Geocon West, Inc. for this project, dated March 28, 2012. The findings in this report were used to evaluate this section on Geology and Soils. A copy is available for review at City Hall, or can be provided by email. 6.a.i.ii.iii.c.d. Less Than Significant Impact: The subject property is not located on a fault line or fault zone. On page 4, under Section 5, Geologic Hazards, it is reported that, "The site is not within a currently established Alquist-Priolo Earthquake Fault Zone for surface fault rupture hazards. Nor is it within a Riverside County Fault Hazard Zone. We did not find evidence indicating active faulting on or projecting toward the site from adjacent properties." Soil liquefaction is caused by the Toss of soil strength, which is the result of increased pore water pressures related to significant seismic activity. This phenomenon occurs primarily in loose to somewhat dense cohesion -less soils, which are located within a groundwater zone. When seismic shaking occurs a rearrangement of the soil particles takes place, putting them into a denser condition, which results in the localized sediment, sand boils and/or flow failures. The subject property is located in a seismically active area, as is the majority of Southern California. Various portions of the subject property are designated very low or moderate by Riverside County for liquefaction. As indicated in the report on page 7, "Due to the depth of the water table, it is our opinion that the potential for liquefaction at this site is very low." The project has been reviewed and conditioned by Building and Safety to be constructed compliance with the California Building Code (CBC). Furthermore, the project will be conditioned to provide the following, "A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and pavement sections." As a result, less than significant impacts are anticipated as a result of the project. 17 6.a.iv. Less Than Significant Impact: Landslide hazard areas are generally considered to exist when substantial slopes are located on or immediately adjacent to a subject property. There are slopes located on the project site, but none that could potentially create a hazard associated with landslides. The potential for landslides to occur at the site is considered less than significant. 6.b. Less Than Significant Impact: The site may be susceptible to soil erosion during short-term construction activities. Short-term erosion effects during the construction phase of the project would be prevented through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which is required in accordance with the Countywide National Pollutant Discharge Elimination System (NPDES) General Construction Activities Permit. The SWPPP includes standard construction methods such as sandbags, silt fencing, and temporary detention basins to control on-site and off-site erosion. Therefore, with implementation of an approved and required SWPPP, impacts resulting from erosion during construction would be less than significant. 6.e. No Impact: The project will be connected to sewer service and will not require the use of septic tanks. No impacts are anticipated. 18 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources a Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse uses? X Comments: An Air Quality and Greenhouse Gas Study was prepared by Entech Consulting Group for this project in August 2013. The findings in this report were used to evaluate this section on Air Quality. A copy is available for review at City Hall, or can be provided by email. 7.a.b. Less than Significant Impact: According to the Air Quality and Greenhouse Gas Analysis prepared by Entech, the GHG emissions as identified in the CaIEEMod run for the Project would not exceed SCAQMD average daily thresholds. Also, identified in the Air Quality and Greenhouse Gas Analysis prepared by Entech (page 28), the project is consistent with all applicable plans, policies and strategies for reducing the emissions of greenhouse gases and the Project would result in a less than significant impact. The project's estimated 32 MT of CO2e construction emissions and 1,333 MT of CO2e operational GHG emissions do not exceed the draft SCAQMD threshold for all land uses (3,000 MT of CO2e) or the more specific draft SCAQMD threshold for residential uses (3,500 MT of CO2e), and is consistent with the goals of the City of Temecula Sustainability Plan. As discussed in the Air Quality and Greenhouse Gas Analysis prepared by Entech, while the SCAQMD thresholds have not been formally adopted, there are no other state, regional, or local greenhouse gas thresholds approved for use in in the South Coast Air Basin and the City has discretion to determine the method or methodology it considers the most appropriate for evaluating significant impacts. Based on the foregoing analysis, although the project would generate greenhouse gas emissions, either directly or indirectly, these emissions would not have a significant impact on the environment. Please see applicable sections regarding greenhouse gas emissions from the Entech report, which are included on the following pages: 19 Table 8. Maximum Predicted CO Concentrations' Intersection Existing 2016 2035 No Build Build No Build Build 1 -hour CO Concentrations Federal Standards - 35 ppm, State Standards - 20 ppm Winchester Road / Margarita Road 5.2 5.6 5.6 6.0 6.0 Winchester Road / Nicolas Road 5.5 5.9 5.9 6.6 6.6 8 -hour CO Concentrations Federal and State Standard - 9 ppm Winchester Road / Margarita Road 3.6 3.9 3.9 4.2 4.2 Winchester Road / Nicolas Road 3.9 4.1 4.1 4.6 4.6 Notes: (1) All concentrations shown are in parts per million (ppm) Source: Entech Consulting Group, 2013 Results from the CO hot -spot modeling analysis demonstrate that for the highest volume and LOS intersections, future predicted CO concentrations are slightly higher than existing levels due to an increase in future traffic. Further. the comparison between future no -build and the build alternative CO concentrations indicate that CO concentrations are expected to remain unchanged. The addition of the 83 single family residences will have a minimal etTect on future traffic within the proposed project area. Therefore. the proposed project will not worsen ambient air quality, create additional violations of federal and state standards, or delay the basin's goal for meeting attainment standards. Draft guidance from both the South Coast Air Quality Management District (SCAQMD) and the County of San Diego Department of Planningand. Land Use reconmeal amortizing construction missions o'Oef a 30 -year period to account for their contribution to project lifetime greenhouse ga._ emissions. If enussions are amortized over a 30 -year period, estimated construction emissions would be 32 MT of CO2e per year, as shown in Table 9. Estimate operational emissions for the proposed project would be 1,333 MT of CO2e per year, as shown in Table 10. As shaiim in Table 11, the total greenhouse gas emissions from both construction and operation are approximately 1,365 MT of CO2e per year, which is below the 3.500 MT threshold for residential land uses as a screening threshold. Constntction and operation emissions would therefore have a less than ctunulatively contribution to global climate change impacts. Table 9. COze Emissions by C.oustl•uction Year Construction Year CO2e Emissions (metric tans+year) 2014 453 2015 511 TotaCGS Ennissior+s 961 Amortized over 30 years 32 Source_ (Ertech Corisultirug Group_ 2013) Table 10. Operational COie Emissions Source Cole Emirs;ons (metric tons/year) Area 03 Erie rg f 181 Mobile 1.040 Waste 44 waGe, 5 Total Operationa l CO24 Ernissions 1,333 Sc►:r: yo. 20131 Table 11..Annual C Qae Emiisiou� Source CO2e Emissions {metric tons,/year) Construction 32 Operationar 1.333 Total Proposed Project Coxe Fissions 1,365 e gE^, Constar); Grow? 2013) 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact _ No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? . X b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 1 X X f g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Comments: The project site is located in the vicinity of the French Valley Airport and has been reviewed by the Airport Land Use Commission (ALUC), File Number ZAP105FV13. A copy of the letter from the Airport Land Use Commission is available for review at City Hall or by email. 8.a. No Impact: The proposed project will not create significant impact to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The proposed land use is a residential development, which will not be routinely transporting, using, or disposing hazardous materials. 8.b.c. No Impact: The proposed project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accidental conditions involving the release of hazardous materials into the environment. The proposed project is a residential development and will not emit hazardous materials into the environment. In addition, the project will not require the handling of hazardous waste or accurately hazardous materials, substances, and waste within one-quarter mile of an existing or a proposed school. 8.d. No Impact: The proposed project will not be located on a site which is included on a list of hazardous materials site pursuant to Government Code Section 65962.5 and, as a result, will not create a significant 22 hazard to the public or the environment. The California Environmental Protection Agency lists Hazardous Waste Substances Sites. The project site is not on the list, therefore no impact related to hazardous materials posing a significant hazard to the public or the environment will occur. 8.e. Less Than Significant With Mitigation Incorporated: The project site is located in the vicinity of the French Valley Airport and has been reviewed by the Airport Land Use Commission (ALUC), File Number ZAP105FV13. As a result, the following conditions were provided, and are incorporated herein as mitigation: MITIGATION MEASURES Mitigation Measure Hazards 1: Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. Mitigation Measure Hazards 2: The following uses shall be prohibited: a. Any use which would direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator. b. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which would generate smoke or water vapor, or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area, including landscaping utilizing water features, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, and incinerators. d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. Mitigation Measure Hazards 3: A Notice of Airport Vicinity shall be provided to all potential purchasers and/or tenants of the proposed residences. Mitigation Measure Hazards 4: Any new retention bases on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the retention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. 8.f. No Impact: The project site is not located in the vicinity of a public airstrip. The project will not create or result in a safety hazard for people residing or working in the project area. No impact is anticipated. 8.g. No Impact: The proposed project is not located in an area where it will impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the project. 8.h. Less Than Significant Impact: The proposed project has been reviewed by the Fire Department, and is not adjacent to a wildland area that would be subject to fire hazards. Future development will comply with all applicable Building and Fire Codes. A less than significant impact is anticipated as a result of the project. 23 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Fact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X _ f Require the preparation of a project -specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X X h i Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: A Hydrology Analysis and Project Specific Water Quality Management Plan were prepared for this project by Hunsaker and Associates, August 2013. A copy of both reports are available for review at City Hall, or can be provided by email. In addition, a Jurisdictional Delineation & Riparian and Riverine Assessment was prepared by Cadre Environmental, March 2012. A copy of this report is also available at City Hall, or can be provided by email. 9.a. Less Than Significant Impact: The project will not violate water quality standards or waste discharge requirements. The project is required to comply with all current soil erosion and National Pollutant Discharge Elimination System standards in effect at time of grading permit issuance. As a condition of approval for this project, the developer will be required to comply with the requirements of the National Pollutants Discharge Elimination System (NPDES) permit from the State Water Quality Resources Control Board. A less than significant impact is anticipated. 24 9.b. Less Than Significant Impact: The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or lowering of the local groundwater table level because the project design preserves approximately 50 acres of open space containing the lowest elevations of the property, which will allow for groundwater re -charging. A less than significant impact is anticipated. 9.c. Less Than Significant Impact: A Jurisdictional Delineation & Riparian and Riverine Assessment was prepared by Cadre Environmental, March 2012 and used to design the project footprint to completely avoid the existing drainage pattern of the site or area. The low lying areas of the site will remain undisturbed and preserved as permanent open space. In addition, through the implementation of SWPPP (Storm Water Pollution Prevention Program), erosion and siltation issues will be controlled to a less than significant impact level and this project will not result in substantial erosion or siltation on or off-site. 9.d.e.f. Less Than Significant Impact: The project will increase runoff as a result of increasing the impervious surface on the project site. The City imposes standard design criteria to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. The project will not violate any water quality standards or waste discharge requirements established by the state of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer Permit (MS4 Permit) issued by the Regional Water Quality Control Board (RWQCB). A preliminary plan has been submitted and conceptually accepted and the project will comply with RWQCB standards and design. Based upon the information presented above, the project will not increase the amount of surface runoff in a manner which would result in flooding on or off-site. Less than significant impacts are anticipated. 9.g.h. No Impact: According to the City's General Plan, the project will not involve the placement of residences or structures within a 100 -year floodplain hazard area. The project is not within an area identified on the Federal Emergency Management Agency (FEMA) maps for flooding. No significant flood hazards are expected to occur from developing the project site as proposed, therefore no impact is anticipated. 9.i. No Impact: The proposed project would not expose people or structures to significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. The subject property is not located within a dam inundation area per the City's General Plan. No impacts are anticipated. 9.j. No Impact: Due to the project area's distance from the ocean and higher elevation, there is no potential for a tsunami. The project area is not located near a Targe surface body of water, and there is no potential for inundation by seiche or mudflow due to the topography of the site. 25 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Signiflcant With Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: The City's General Plan, Final Environmental Impact Report, and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a reference source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street. The GIS Map Sets are available online at www.citvoftemecula.orq. 10.a. No Impact: The project is located on vacant land that will not divide an established community. 10.b. Less Than Significant Impact: The proposed project will result in the development of 83 new single family homes on 73 acres. The project involves a General Plan Amendment and Zone Change to a PDO - Planned Development Overlay. The proposed development is designed as a cluster development to preserve open space and provide a transition between high and low density. Roads and other infrastructure are available to the site and the site will not require major extensions of infrastructure that could induce substantial population growth within the area, which may have a significant environmental impact. Using the City's General Plan, Air Quality Management Plan (AQMP), Land Use Policy Map, and MSHCP guidelines as reference sources the project does not interfere with any applicable environmental policies or ordinances. A less than significant impact is anticipated as a result of the project. 10.c. No Impact: The project is consistent with the MSHCP and will not conflict with any habitat conservation plan or natural community conservation plan (see discussion under "Biological Resources"). 26 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local eneral • Ian, specific plan or other land use plan? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Signiflcant Impact No Impact X Comments: The City's General Plan, Final Environmental Impact Report, and the City of Temecula's Geographic Information System (GIS) Map Sets were used as a reference source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street. The GIS Map Sets are available online at www.citvoftemecula.org. 11.a.b. No Impact: The construction of this project on the proposed site is not anticipated to result in the loss of a known mineral resource that would be of value to the region or to the residences of the State. According to the General Plan, the State Division of Mines and Geology has prepared a mineral resources report entitled Mineral Land Classification of the Temescal Valley Area, Riverside County, California Special Report 165, which evaluated mineral deposits within the Temecula Planning Area. According to the State Geologist, the Temecula Planning Area was classified as a Mineral Resources Zone -3a (MRZ-3a), which determined that the area contains sedimentary deposits which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate; however, these areas are not considered to contain mineral resources of significant economic value. The proposed project is not located in an area that is known to contain mineral resources. No impacts are anticipated as result of this project. 27 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the pro