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021015 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 10, 2015 — 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. i,t4 */ 0 1mti ia/ / . ; '4 low 7 , . , ., ) /i/ / i ky/. i/J '/ ' eff 1?// 7 ' ° If' 1/ 4i j4 (4, . / 09 , 04fir /(,,i,ilr I ) /1('/ 9 61 ?it / *yip 6 #j)i)/*Iffilij / ) /) ) 141/0 jlj,'4#1)//6°77) / 67(///:/,(11/9049/11 ell/j7iffilf/1 Iiilit#4744 /114V # (#4 i ii lei i 71 4 ill i 0,04) * ,ly ;// '')/y9()7 / /7 we) Idi,(0/,((. , J Alt 1 //( )/ ,// ff,t d if , 1 m A e vi 1 / /pa 1114 "jitlirndih., ®4'11?/ ®� 1114'qii,/, ffiIllk if)B7,11/e1c)(°141# /e(ylf#f),9 4//#?1 / / 1111/11111111itilititidetelittatillattlitai IIII IV rim ii r Next in Order: Ordinance: 15-02 Resolution: 15-06 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Kaitlyn Hetsko and Jeffrey Kim Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Matt Rahn ROLL CALL: Edwards, Naggar, Rahn, Washington, Comerchero 1 PRESENTATIONS/PROCLAMATIONS Certificates of Achievement Presented to Christian Edwards Gibson of Troop #384, and Connor D. Edwards and Jonathan Sanchez of Troop #309 for Attaining the Rank of Eagle Scout PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of January 20, 2015 and January 27, 2015 RECOMMENDATION: 2.1 That the City Council approve the action minutes of January 20, 2015 and January 27, 2015. 2 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of December 31, 2014 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of December 31, 2014. 5 Approve the Policy Regarding Invocations at City Council Meetings RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A POLICY REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS 6 Authorize a Dog License Late Fee Amnesty Program (At the Request of Council Member Maryann Edwards) RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTICIPATION IN THE DOG LICENSE LATE FEE AMNESTY PROGRAM 7 Approve a Purchase and Installation Agreement and the Third Amendment to the Minor Maintenance Services Agreement with Innovative Document Solutions for the Canon Copiers/Printers 3 RECOMMENDATION: 7.1 Approve a three-year Purchase and Installation Agreement with Innovative Document Solutions in an amount not to exceed $60,000, plus contingency in the amount of 10%, for a total contract amount not to exceed $66,000; 7.2 Approve the Third Amendment to the Minor Maintenance Services Agreement with Innovative Document Solutions (IDS) to amend the Payment Rates and Schedule (Exhibit B). 8 Approve an Agreement with RBF Consulting for the Environmental Initial Study for Art Gaitan's Mexico Cafe RECOMMENDATION: 8.1 That the City Council Approve an Agreement with RBF Consulting, in the amount of $65,500, for the Environmental Initial Study for Art Gaitan's Mexico Cafe. 9 Approve the Seventh Amendment to the Professional Engineering Services Agreement with RBF Consulting for Design of Interstate 15/State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 9.1 Approve the Seventh Amendment to the Agreement for Professional Engineering Services with RBF Consulting for design of Interstate 15/State Route 79 South Ultimate Interchange, increasing the contingency amount by $100,000; 9.2 Increase the City Manager's authority to approve Extra Work Authorizations by $100,000. 10 Award a Construction Contract to LDCO, Inc. for the Fire Station 73 Living Quarters Upgrade, PW13-07 RECOMMENDATION: 10.1 Consent to relieve Cal City Construction, Inc. of its bid submitted for the Fire Station 73 Living Quarters Upgrade; 10.2 Appropriate an additional $200,000 from the Unassigned Fund Balance in the General Fund to the project; 10.3 Award the Construction Contract to LDCO, Inc., in the amount of $1,265,710, for the Fire Station 73 Living Quarters Upgrade, PW13-07; 10.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $126,571, which is equal to 10% of the total contract amount; 10.5 Make a finding that the Fire Station 73 Living Quarters Upgrade is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 4 11 Accept Improvements and Notice of Completion for the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06 RECOMMENDATION 11.1 Accept the construction of the Citywide Slurry Seal Fiscal Year 2014-15, PW14- 06, as complete; 11.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a three-year Maintenance Bond in the amount of 10% of the final contract amount; 11.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 12 Approve Payment to Riverside County Flood Control District (RCFCD) of the City of Temecula's Share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2014-15 RECOMMENDATION: 12.1 Approve payment to Riverside County Flood Control District (RCFCD) in the amount of $500,523.76, which is the City of Temecula's portion of the cost- sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMVV). 13 Adopt Ordinance No. 15-01 Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets (Second Reading) RECOMMENDATION: 13.1 That the City Council adopt an ordinance entitled: ORDINANCE 15-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS ******************** RECESS 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 15-01 Resolution: No. CSD 15-01 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Rahn, Washington 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 Approve the Action Minutes of January 27, 2015 RECOMMENDATION: 14.1 That the Board of Directors approve the action minutes of January 27, 2015. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 24, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 15 Establishment of the Visit Temecula Valley Tourism Business Improvement District Pursuant to the Property and Business Improvement Law of 1994 RECOMMENDATION: 15.1 That the City Council conduct a public hearing and adopt the following resolution: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT CITY COUNCIL BUSINESS 16 Initiation of Proceedings to Disestablish the Existing Temecula Valley Tourism Business Improvement District (TVTBID) Established Pursuant to the Parking and Business Improvement Area Law of 1989 RECOMMENDATION: 16.1 That the City Council adopt the following resolution: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO DISESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT ESTABLISHED PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 CITY MANAGER REPORT CITY ATTORNEY REPORT 8 ADJOURNMENT Next regular meeting: Tuesday, February 24, 2015, 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 and public Closed Session information) 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. 9 PRESENTATIONS City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Christian Edward Gibson of Troop 1+384 We congratulate Christian for his achievement on receiving the rank of Eagle Scout. We are proud to present Christian with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth clay of February, 2015. Jeff Comerchero, Mayor Randi Johl-Olson, JD, MMC, City Clerk City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Connor D. Edwards of Troop 4309 We congratulate Connor for his achievement on receiving the rank of Eagle Scout. We are proud to present Connor with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth clay of February, 2015. Jeff Comerchero, Mayor Randi Johl-Olson, JD, MMC, City Clerk City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Jonathan Sanchez of Troop 4309 We congratulate Jonathan for his achievement on receiving the rank of Eagle Scout. We are proud to present Jonathan with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth clay of February, 2015. Jeff Comerchero, Mayor Randi Johl-Olson, JD, MMC, City Clerk COUNCIL CONSENT CALENDAR Item No. 1 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: February 10, 2015 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL — COMMUNITY SERVICES COMMISSION PLANNING COMMISSION — OLD TOWN LOCAL REVIEW BOARD PUBLIC / TRAFFIC SAFETY COMMISSION SPECIAL JOINT MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 20, 2015 — 4:00 PM At 4:00 P.M. Mayor Comerchero called the Special Joint Meeting of the City Council, Community Services Commission, Planning Commission, Old Town Local Review Board and Public/Traffic Safety Commission to order. The following members of the City Council, Community Services Commission, Planning Commission, Old Town Local Review Board and Public/Traffic Safety Commission were present at the meeting: City Council Jeff Comerchero Maryann Edwards Matt Rahn Chuck Washington Community Services Commission Dale Borgeson Michael McCracken Cecilie Nelson Zak Schwank Eric Willis Planning Commission Ron Guerriero Stan Harter Pat Kight John Telesio Lanae Turley-Trejo Public/Traffic Safety Commission Robert Carter James Richardson Gary Youmans Old Town Local Review Board Albert Blair Peg Moore Craig Puma Tiffany Robertson Gary Watts Action Minutes 012015 1 PUBLIC COMMENTS There were no public comments provided. CITY COUNCIL BUSINESS 1. Boards and Commissions Training - Conflicts of Interest and Ralph M. Brown Act City Attorneys Peter Thorson and Candice Lee from Richards, Watson and Gershon conducted a training regarding Conflicts of Interest and the Ralph M. Brown Act. Planning Commissioner Pat Kight provided general comments regarding commissioner attendance at City Council Meetings. ADJOURNMENT At approximately 5:00 P.M., the Special Joint Meeting of the City Council, Community Services Commission, Planning Commission, Old Town Local Review Board and Public/Traffic Safety Commission was formally adjourned to Tuesday, January 27, 2015, 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, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Action Minutes 012015 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 27, 2015 — 7:00 PM The City Council meeting convened at 7:03 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Anjali Sivanandan and Soren Crisell Invocation: Father Andrew Lesko of St. Nicholas Greek Orthodox Church Flag Salute: Council Member Mike Naggar ROLL CALL: Edwards, Naggar, Rahn, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for National Wear Red Day to American Heart Association Multiple Presentations of Appreciation to Temecula's Only 5 -Time Mayor Ron Roberts for 25 Years of Service to the City of Temecula PUBLIC COMMENTS (none) RECESS At 9:25 P.M., the City Council recessed to the Conference Center for a reception in honor of Ron Roberts. At 9:45 P.M., the City Council resumed with the remainder of the City Council Agenda. CITY COUNCIL REPORTS CONSENT CALENDAR • Gillian Larson addressed the Council on Item 4 • Teri Biancardi addressed the Council on Item 6 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Councilmember Rahn; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn, Washington and Comerchero. Action Minutes 012715 1 RECOMMENDATION: 1.1 That the City Council make a motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approve the Action Minutes of January 13, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Councilmember Rahn; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn, Washington and Comerchero. RECOMMENDATION: 2.1 That the City Council approve the action minutes of January 13, 2015. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Councilmember Rahn; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn, Washington and Comerchero. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the Sponsorship Agreement with Michelle's Place for the 2015 Reality Rally, a Fundraiser Event for Michelle's Place - Approved Staff Recommendation (4-0-1, Council Member Washington abstained) Council Member Naggar made the motion; it was seconded by Councilmember Edwards; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. Council Member Washington left the dais and abstained as he is in partnership of `California T's Screen Printing' which has donated shirts to Reality Rally. RECOMMENDATION: 4.1 That the City Council approve the Sponsorship Agreement with Michelle's Place for city -support costs, in the amount of $5,600 and in-kind promotional services of $11,415, for the 2015 Reality Rally. 5 Approve the Sponsorship Agreement with Temecula Valley Foundation for Excellence in Education for the 2015 Taste of Temecula Valley - Approved Staff Recommendation (4-0-1, Council Member Washington abstained) Council Member Edwards made the motion; it was seconded by Councilmember Rahn; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. Council Member Washington left the dais and abstained as he is in partnership of `California T's Screen Printing' which has donated shirts to Taste of Temecula Valley. Action Minutes 012715 2 RECOMMENDATION: 5.1 That the City Council approve the Sponsorship Agreement with Temecula Valley Foundation for Excellence in Education for city -support costs, in the amount of $6,700 and in-kind promotional services of $11,415, for the 2015 Taste of Temecula Valley. 6 Approve and Co -Sponsor Proiect Application for the Urban Streams Restoration Program Grant - Approved Staff Recommendation (4-0-1, Council Member Washington abstained) Council Member Naggar made the motion; it was seconded by Councilmember Edwards; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn and Comerchero. Council Member Washington abstained and left the dais because he lives and Meadowview and is a member of the Homeowners Association. RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE AND CO-SPONSOR THE URBAN STREAMS RESTORATION PROGRAM GRANT APPLICATION FOR THE MEADOWVIEW HOMEOWNERS ASSOCIATION AND CITIZEN'S GROUP FOR THE LONG CANYON CREEK EROSION REPAIR PROJECT TO THE DEPARTMENT OF WATER RESOURCES 7 Receive Temporary Street Closures for 2015 Springfest Events — Receive and file. RECOMMENDATION: 7.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2015 Springfest Events: TEMECULA ROD RUN BLUEGRASS FESTIVAL REALITY RALLY TASTE OF TEMECULA VALLEY WESTERN DAYS RECESS At 9:54 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 9:56 P.M., the City Council resumed with the remainder of the City Council Agenda. Action Minutes 012715 3 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 9 Conduct Public Meeting Concerning the Establishment of the Visit Temecula Valley Tourism Business Improvement District and Levy of An Assessment on Lodging Businesses Within the District - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Councilmember Edwards; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn, Washington and Comerchero. Motion to confirm public meeting was held. No public comment was received and public hearing will be held February 10, 2015. RECOMMENDATION: 9.1 That the City Council conduct the requisite public meeting to hear testimony regarding the proposed establishment of the Visit Temecula Valley Tourism Business Improvement District pursuant to the Parking and Business Improvement District Law of 1994. 10 Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Councilmember Edwards; and electronic vote reflected approval by Council Members Edwards, Naggar, Rahn, Washington and Comerchero. RECOMMENDATION: 10.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 15-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS DEPARTMENTAL REPORTS 11 Community Development Department Monthly Report 12 Police Department Monthly Report 13 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT (none) Action Minutes 012715 4 ADJOURNMENT At 10:01 P.M., the City Council meeting was formally adjourned to Tuesday, February 10, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in Honor of Ron Roberts All Survivors of The Liberation of Auschwitz *** Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Action Minutes 012715 5 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: February 10, 2015 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- 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. 15- 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 $ 3,793,693.10. 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 10th day of February, 2015. Jeff Comerchero, 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. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 01/15/2015 TOTAL CHECK RUN $ 2,839,132.85 01/22/2015 TOTAL CHECK RUN 525,487.27 01/15/2015 TOTAL PAYROLL RUN: 429,072.98 TOTAL LIST OF DEMANDS FOR 02/10/2015 COUNCIL MEETING: $ 3,793,693.10 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 135 BUSINESS INCUBATOR RESOURCE 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 165 SARDA AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 300 INSURANCE FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 380 SARDA DEBT SERVICE FUND 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 745,033.37 531.35 1,301.33 750.00 3,070.38 56,553.37 153,153.13 80,300.05 833.62 3,053.46 12,911.49 219,976.31 4,311.03 51,870.69 14,179.75 20,184.02 1,978,736.76 60.16 40.37 510.06 8.81 97.20 17.64 25.05 164.88 1.54 7.45 5.10 110.04 378.63 13.63 11.90 27.49 2.37 101.89 217.04 1,403.12 1,875.48 5.99 56.90 5,125.07 45.39 1.94 6.62 1,417.85 30.40 6,100.00 $ 3,364,620.12 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 255,555.57 140 COMMUNITY DEV BLOCK GRANT 2,147.61 165 SARDA AFFORDABLE HOUSING 5,340.33 190 TEMECULA COMMUNITY SERVICES DISTRICT 85,873.25 192 TCSD SERVICE LEVEL B 239.74 194 TCSD SERVICE LEVEL D 2,062.50 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 406.31 197 TEMECULA LIBRARY FUND 830.62 300 INSURANCE FUND 2,279.56 320 INFORMATION TECHNOLOGY 24,002.80 330 SUPPORT SERVICES 5,928.32 340 FACILITIES 10,567.10 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 81.44 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54.59 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 64.98 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.84 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 131.50 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.76 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.74 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 223.27 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.31 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.05 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.86 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 149.09 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.82 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.32 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.05 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.08 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.27 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 138.12 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 73.80 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 200.29 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 338.76 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.11 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.86 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 190.57 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.42 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.86 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.86 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 280.92 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.73 700 CERBT CALIFORNIA EE RETIREE-GASB45 31,623.00 429, 072.98 TOTAL BY FUND: $ 3,793,693.10 apChkLst Final Check List Page: 1 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 2608 01/28/2015 005460 U S BANK '11 RDA TABs Series A Debt Service 546,968.95 546,968.95 2609 01/28/2015 005460 U S BANK '10 RDA TABs Series B Debt Service 491,921.71 491,921.71 2610 01/26/2015 005460 U S BANK '06 RDA TABs SeriesA Debt Service 346,118.07 346,118.07 2611 01/26/2015 005460 U S BANK '02 RDA Debt Service 593,728.03 593,728.03 2612 01/15/2015 000245 PERS- HEALTH INSUR PERS HEALTH INSURANCE PAYMENT 102,063.00 PREMIUM PERS HEALTH INSURANCE PAYMENT 2613 01/15/2015 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 0.00 102,063.00 1,439.52 1,439.52 2614 01/15/2015 000194 I CMA RETIREMENT -PLAN I CMA RETIREMENT TRUST 457 4,401.70 4,401.70 303355 PAYMENT 2615 01/15/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 2,793.22 2,793.22 2616 01/15/2015 000246 PERS (EMPLOYEES' REPLACEMENT BENEFIT FUND 60,840.60 60,840.60 RETIREMENT) PAYMENT 2618 01/15/2015 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 15,365.77 15,365.77 SOLUTION 2619 01/15/2015 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 75,497.31 75,497.31 2620 01/15/2015 000444 INSTATAX (EDD) STATE TAX PAYMENT 20,868.97 20,868.97 2621 01/15/2015 017429 COBRA ADVANTAGE INC. FLEXIBLE SPENDING ACCOUNTS 6,451.80 6,451.80 PAYMENT 168698 01/15/2015 003552 AF LAC AFLAC PAYMENT 3,260.04 3,260.04 168699 01/15/2015 016450 AIR EXCHANGE, INC. Plymovent maintenance: Fire 168700 01/15/2015 003951 ALL AMERICAN ASPHALT asphalt products:street maint citywide 168701 01/15/2015 006915 ALLIES PARTY EQUIPMENT Rentals:Community Christmas Dinner 598.30 598.30 197.59 197.59 101.97 101.97 Pagel apChkLst Final Check List Page: 2 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 168702 01/15/2015 005037 AMERICAN ASPHALT SOUTH retention release: PW14-06 INC Amount Paid Check Total 51,572.18 51,572.18 168703 01/15/2015 004240 AMERICAN FORENSIC NURSES Phlebotomy srvcs:temecula police 423.80 (AFN) Phlebotomy srvcs:temecula police 316.66 168704 01/15/2015 002187 ANIMAL FRIENDS OF THE Nov 14 Animal control srvcs:temecula 10,000.00 VALLEYS 168705 01/15/2015 000101 APPLE ONE INC W/E 12/27/14: CARDENAS, J. 168706 01/15/2015 001323 ARROWHEAD WATER INC 11/23-12/22 WATER DELIVERY SVCS: AQUATIC 11/23-12/22 WATER DELIVERY SVCS: CIT 11/23-12/22 WATER DELIVERY SVC: HAR' 11/23-12/22 water delivery svc: pbsp BOTTLED WATER SRVCS: TVE2 - 11/23-12/22 water delivery svc: tesc 11/23-12/22 WATER DELIVERY SVCS: TVP 11/23-12/22 WATER DELIVERY SVCS: CHI 11/23-12/22 WATER DELIVERY SVCS: TC( 11/23-12/22 WATER DELIVERY SVCS: OT 11/23-12/22 WATER DELIVERY SVC: SKA- 11/23-12/22 WATER DELIVERY SVCS: CR 11/23-12/22 WATER DELIVERY SVCS: LIB 11/23-12/22 WATER DELIVERY SVCS: FO1 168707 01/15/2015 006325 BENEVOLENT & PROTECTIVE Refund:sec dep:CRC Gymnasium ORDER, OF ELKS OF THE USA 740.46 10,000.00 2,502.53 2,502.53 6.47 31.80 17.47 32.50 43.66 6.47 19.63 21.71 22.55 41.70 6.47 36.02 26.67 97.52 410.64 200.00 200.00 168708 01/15/2015 012583 BLANCAY PRICE Sep Ldscp plan check/inspection:planning 21,280.74 21,280.74 168709 01/15/2015 009626 BOTTORFF, KATHLEEN Refund: January 2015 Cobra 48.36 48.36 168710 01/15/2015 001054 CALIF BUILDING OFFICIALS Training for Code Officer: Diane Ball 165.00 CALBO Training for Comm Dev Techs 1,650.00 Training for Code Officer: Maria Ching 165.00 1,980.00 168711 01/15/2015 008525 CALIF NARCOTIC CANINE Conf: Jan 26-29 Cramer, Matt 345.00 345.00 ASSOC 168712 01/15/2015 009847 CALIFORNIA PRESENTERS '15 membership conf registration: 125.00 125.00 168713 01/15/2015 004971 CANON FINANCIAL SERVICES, Jan 15 Copier lease: Civic Center 3,004.54 3,004.54 INC Page2 apChkLst Final Check List Page: 3 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 168714 01/15/2015 005311 CERTIFIED POOL WATER SPCL. Description Amount Paid Check Total Dec 14 maint svcs for pools: crc & tes 1,025.00 Dec 14 maint svcs for pools: crc & tes 550.00 Dec 14 maint svcs for fountain: civic 350.00 1,925.00 168715 01/15/2015 009640 CERTIFION CORPORATION ONLINE DATABASE SUBSCRIPTION - 150.00 150.00 POLICE 168716 01/15/2015 014726 CHAPTER 13 STANDING TRUSTEE 168717 01/15/2015 005585 CHING, MARIA 168718 01/15/2015 005447 CLEMENTS, BRIAN 168719 01/15/2015 017392 CLS CONSTRUCTION 168720 01/15/2015 004405 COMMUNITY HEALTH CHARITIES 168721 01/15/2015 002756 COMPLETE EMBROIDERY DESIGNS 168722 01/15/2015 000442 COMPUTER ALERT SYSTEMS 168723 01/15/2015 002945 CONSOLIDATED ELECTRICAL DIST. 168724 01/15/2015 014521 COSTAR GROUP INFORMATION, INC 168725 01/15/2015 004329 COSTCO TEMECULA #491 SUPPORT PAYMENT 205.85 205.85 Reimb:uniforms:code enf 205.89 205.89 reimb:uniform shirts:B&S 178.15 178.15 p/e 12/15 citywide concrete repairs: cip 29,620.54 29,620.54 COMMUNITY HEALTH CHARITIES 24.00 24.00 PAYMENT Police Polo - POP Team embroidered polo 101.52 101.52 alarm system repair: mpsc 150.00 150.00 misc electrical supplies:var park sites 113.94 113.94 Jan 15 web subscription:Eco Dev 397.13 397.13 Misc. supplies:var csd special events 66.12 Program supplies: cultural arts events 254.19 320.31 168726 01/15/2015 010650 CRAFTSMEN PLUMBING & plumbing srvcs:senior center kitchen 425.00 425.00 HVAC INC 168727 01/15/2015 000209 CROP PRODUCTION SERVICES misc small tool parts:pw street maint 189.66 misc small tool parts:pw street maint 168728 01/15/2015 015213 CYBER COMPUTERS, INC. PC purchase:info tech 53.46 243.12 19,621.44 19,621.44 168729 01/15/2015 003945 DIAMOND ENVIRONMENTAL Portable restroom srvc:special events 956.92 SRVCS Jan portable restroom rentals:GOHS 52.80 1,009.72 Page3 apChkLst Final Check List Page: 4 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 168730 01/15/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS 168731 01/15/2015 002390 EASTERN MUNICIPAL WATER DIST 168732 01/15/2015 004829 ELLISON \M LSON ADVOCACY LLC 168733 01/15/2015 017432 EYEMED VISION CARE 168734 01/15/2015 014819 FLATIRON WEST, INC. 168735 01/15/2015 002982 FRANCHISE TAX BOARD 168736 01/15/2015 002982 FRANCHISE TAX BOARD 168737 01/15/2015 002982 FRANCHISE TAX BOARD 168738 01/15/2015 009608 GOLDEN VALLEY MUSIC SOCIETY 168739 01/15/2015 017539 GUEDRY, DAVE 168740 01/15/2015 008081 HALL & FOREMAN INC 168741 01/15/2015 000186 HANKS HARDWARE INC 168742 01/15/2015 017557 HANSON, CHANA 168743 01/15/2015 004188 HARRIS & ASSOCIATES 168744 01/15/2015 016307 HODGES, MICHELLE Description Amount Paid Check Total Fuel for City vehicles: police dept 42.86 Fuel for City vehicles: tcsd Fuel for City vehicles:code enforcement Fuel for City vehicles: bldg & safety Fuel for City vehicles:police dept Fuel for City vehicles:PW parks maint Fuel for City vehicles: pw maint Fuel for City vehicles: traffic div 193.05 65.36 217.36 40.26 675.86 417.76 197.12 1,849.63 Dec water meter:32131 S Loop rd Idsc 46.09 46.09 state legis consulting svcs: cm office 3,500.00 3,500.00 VISION PLAN PAYMENT 857.75 857.75 PPE 12/20 CONST:FRENCH VALLEY 13,279.87 13,279.87 PKWY PROJ SUPPORT PAYMENT 437.19 437.19 SUPPORT PAYMENT 350.00 350.00 SUPPORT PAYMENT 150.00 150.00 2ND INSTALL PMT:THEATER 6,000.00 6,000.00 PROCUREMENT 14-1 reimb:uniform shirts:B&S 21.59 21.59 11/02-11/29 design srvcs: library 20,648.80 20,648.80 Dec 14 misc hardware supplies: fire 118.38 118.38 release claims agreement payment 2,111.28 2,111.28 May thru Nov 14 const mgmt srvcs:fv 83,047.69 pkwy Dec 14 Const mgmt srvcs:fv pkwy 3,734.18 Refund:sec dep: CRC Meeting room A/B 200.00 86, 781.87 200.00 Page4 apChkLst Final Check List Page: 5 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 168745 01/15/2015 016298 HORN CLINIC, THE 168746 01/15/2015 013286 INTRADO, INC. 168747 01/15/2015 004119 J T B SUPPLY COMPANY INC 168748 01/15/2015 012883 JACOB'S HOUSE INC 168749 01/15/2015 012295 JAMESON MANAGEMENT INC 168750 01/15/2015 004115 K T U &ASSOCIATES 168751 01/15/2015 017118 KRACH, BREE B. Description Amount Paid Check Total Settlement:Speakeasy..Merc 01/10/15 478.80 478.80 Jan Enterprise 911 svc: IT 460.00 460.00 Traffic signal indicators: pw traffic 18,051.12 18,051.12 JACOB'S HOUSE CHARITY PAYMENT 40.00 40.00 automatic main door repair:senior ctr 298.90 298.90 OCT 14 MASTER PLAN: TRAILS & 7,948.50 7,948.50 BIKEWAYS AWARDS & TROPHIES:TCSD EVENTS 102.60 102.60 168752 01/15/2015 013797 LA JOLLA BOOKING AGENCY Sttlmnt:Beatles vs. Stones: 01/11/15 10,292.08 10,292.08 168753 01/15/2015 009467 LANKENAU, STEVE reimb:uniform shirts:B&S 78.83 78.83 168754 01/15/2015 014817 LAPP, JEREMY SCOTT Settlement:Cabaret...Merc 1/9/15 4,472.00 4,472.00 168755 01/15/2015 015953 LLOYDS DESIGNS Graphic design services:TCSD 1,500.00 1,500.00 168756 01/15/2015 008610 M C R STAMPS Performances:High Hopes 25.00 25.00 168757 01/15/2015 013443 MIDWEST TAPE LLC Temecula Library: AN collections 86.38 86.38 168758 01/15/2015 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:human resources 63.19 63.19 DIV 168759 01/15/2015 006721 OFFICEMAX NORTH AMERICA, Library card stock:library 4,446.36 4,446.36 INC. 168760 01/15/2015 002105 OLD TOWN TIRE & SERVICE City vehicle maint svcs:bldg & safety 801.96 City vehicle maint svcs:bldg & safety 96.75 898.71 168761 01/15/2015 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:CSD CITY VEHICLE MAINT SVCS:CSD CITY VEHICLE MAINT SVCS:CSD 90.35 536.77 136.41 763.53 Pages apChkLst Final Check List Page: 6 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 168762 01/15/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks Maint 95.00 95.00 168763 01/15/2015 002344 OSVOLD, HEIDA Reimb: uniform shirts 200.36 200.36 168764 01/15/2015 016736 PERRY, GENE Theater performance: Jan. 16, 2015 500.00 500.00 168765 01/15/2015 000249 PETTY CASH Petty Cash for Youth Advisory Council 300.00 300.00 168766 01/15/2015 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 42.12 42.12 INC 168767 01/15/2015 010338 POOL & ELECTRICAL fountain supplies:wolf crk park/town sq 90.06 PRODUCTS INC misc fountain supplies: civic center 60.03 150.09 168768 01/15/2015 002185 POSTMASTER 6 months/PO Box fee: 9033/Civic Center 748.00 748.00 168769 01/15/2015 011549 POWER SPORTS UNLIMITED VEH REPAIR & MAINT: PD 1,077.47 1,077.47 168770 01/15/2015 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES 205.30 205.30 INC 168771 01/15/2015 017431 PRINCIPAL LIFE INSURANCE DENTAL INSURANCE PAYMENT 8,080.28 8,080.28 CO 168772 01/15/2015 012904 PRO ACTIVE FIRE DESIGN Dec plan check consultant: Prevention 3,266.90 3,266.90 168773 01/15/2015 000271 RBF CONSULTING Nov traffic study:river springs chtr Oct eng srvcs:I-15/SR-79S Intrchg Nov eng srvcs:I-15/SR-79S Intrchg 168774 01/15/2015 004584 REGENCY LIGHTING misc electrical supplies: var park sites 168775 01/15/2015 000955 RIVERSIDE CO SHERIFF SW STN 7,385.00 15,431.32 3,073.76 25,890.08 770.77 770.77 '14 Christmas parade patrol srvcs 10,940.36 Winter Wonderland patrol srvcs 11/19 691.56 Pueska Mtn Day patrol srvcs 11/15 168776 01/15/2015 000406 RIVERSIDE CO SHERIFFS Self defense/tactical comm 1/21 DEPT 168777 01/15/2015 015364 SEASIDE ICE, LLC bal. due:ice skating rink:winter 2014 392.04 12,023.96 132.00 132.00 10,290.00 10,290.00 Page6 apChkLst Final Check List Page: 7 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 168778 01/15/2015 013376 SECURITY SIGNAL DEVICES GEN CAMERA REPAIR/MAINT:CC & 1,316.00 INC FACILITIES 168779 01/15/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 191.70 CENTRAL 168780 01/15/2015 009213 SHERRY BERRY MUSIC Jazz @ the Merc 1/8/15 325.50 168781 01/15/2015 004498 SIEMENS INDUSTRY, INC. Nov traffic signal maint srvcs: pw 368.99 168782 01/15/2015 000645 SMART & FINAL INC MISC SUPPLIES:MPSC MISC SUPPLIES:MPSC MISC SUPPLIES:MPSC 168783 01/15/2015 017550 SMITH, SHANNON refund:sec dep:TCC Multipurpose room 168784 01/15/2015 000537 SO CALIF EDISON Dec 2-05-791-8807:31587 Tem pkwy LS3 Dec 2-29-974-7899:26953 Ynez rd LS3 Dec 2-29-479-2981:31454 Tem pkwy TC1 Dec 2-31-031-2590:28301 Rancho Cal Dec 2-35-421-1260:41955 4th St LS3 Dec 2-30-066-2889:30051 Rancho vista Dec 2-25-350-5119:45602 Redhawk pkwy Dec 2-02-351-5281:30875 Rancho vista Dec 2-10-331-2153:28816 Pujol St Dec 2-20-798-3248:42081 Main St Dec 2-27-805-3194:42051 Main St Dec 2-29-458-7548:32000 Rancho Cal Dec 2-36-531-7916:44205 Main St Dec 2-36-122-7820:31777 Deportola Rd Dec 2-29-657-2563:42902 Butterfield stg Dec 2-31-936-3511:46488 Pechanga pkwy 168785 01/15/2015 013864 SO PACIFIC MASTERS ASSN Aquatics CTMA membership dues 2015 168786 01/15/2015 012652 SOUTHERN CALIFORNIA JAN GEN USAGE:0141,0839,2593,9306 168787 01/15/2015 010972 SPORTS FACILITIES GROUP gym bleachers rehab phase II: crc INC 168791 01/15/2015 007762 STANDARD INSURANCE DISABILITY & LIFE INSURANCE COMPANY PAYMENT 168792 01/15/2015 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE COMPANY PAYMENT 168.22 377.30 53.92 200.00 1,316.00 191.70 325.50 368.99 599.44 200.00 10,392.38 163.91 116.63 25.32 237.52 27.80 29.03 4,363.27 615.40 910.89 3,076.87 322.26 275.80 27.68 202.94 50.62 20,838.32 50.00 50.00 493.68 493.68 20,475.00 20,475.00 8,134.14 8,134.14 880.10 880.10 Page:7 apChkLst Final Check List Page: 8 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 168793 01/15/2015 013357 TEAM EVANGELICAL FY 14/15 Community Service Funding 2,500.00 2,500.00 ASSISTANCE 168794 01/15/2015 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 4,819.00 4,819.00 168795 01/15/2015 003677 TEMECULA MOTORSPORTS Veh repair & maint:PD 351.14 LLC 168796 01/15/2015 000515 TEMECULA VALLEY CHAMBER OF 168797 01/15/2015 009194 TEMECULA VALLEY NEWS Veh repair & maint:PD Veh repair & maint:PD Veh repair & maint:PD Veh repair & maint:PD Veh repair & maint:PD Veh repair & maint:PD Veh repair & maint:PD Jan -Mar '15 sponsorship agreement pmt Meeting host fee for Nov 18, 2015 Sept -Oct advertising: Temecula Presents 222.95 80.10 175.31 523.82 243.94 359.03 670.70 33, 750.00 300.00 1,859.82 168798 01/15/2015 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:crc 101.00 CENTR Locksmith srvcs:rrsp skate park 431.64 168799 01/15/2015 010276 TIME WARNER CABLE Dec high speed internet:40820 1.58 Winchester 2,626.99 34,050.00 1,859.82 532.64 1.58 168801 01/15/2015 017430 TRANSAMERICA LIFE TRANSAMERICA ACCIDENT 2,553.40 2,553.40 INSURANCE CO ADVANTAGE PAYMENT 168802 01/15/2015 009709 U H S OF RANCHO SPRINGS, INC 168803 01/15/2015 007766 UNDERGROUND SERVICE ALERT 168804 01/15/2015 002110 UNITED RENTALS NORTH AMERICA 168805 01/15/2015 000325 UNITED WAY 168806 01/15/2015 017556 VERENGO, INC. 168807 01/15/2015 004261 VERIZON Nov assault exams: Police 1,800.00 1,800.00 Dec underground utility locator: pw 153.00 153.00 misc equip rentals:pw parks/Idscp 1,049.47 1,049.47 UNITED WAY CHARITIES PAYMENT 5.00 5.00 REFUND:BUILDING PERMIT FOR 146.30 146.30 REROOF:B14-19 Jan xxx-6540 gen usage:Rori fire stn 124.68 124.68 168808 01/15/2015 004789 VERIZON Jan Internet svcs:skate park 44.96 44.96 apChkLst Final Check List Page: 9 01/15/2015 12:07:16PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 168809 01/15/2015 003730 WEST COAST ARBORISTS INC tree trimming srvcs:right-of-way trees Amount Paid Check Total 7,987.00 7,987.00 168810 01/15/2015 000341 WILLDAN ASSOCIATES INC 9/29-10/24 eng & traffic survey srvcs: 5,979.00 5,979.00 168811 01/15/2015 013938 WOODSIDE O5S, LP 168812 01/15/2015 009512 WURMS JANITORIAL SERVICES, INC 168813 01/15/2015 017253 WYCKOFF, SHAWN M. 168814 01/15/2015 016305 YONKER, JOHN 1000326 01/09/2015 017546 BISHOP, TIFFANY 1000327 01/09/2015 017538 BISNETT, MARIZA 1000328 01/09/2015 017538 BISNETT, MARIZA 1000329 01/09/2015 017547 HIELSCHER, TYLER 1000330 01/09/2015 016588 SORAPURU, ANN MARIE 1000331 01/09/2015 017548 YOUNG, CLETUS 1000332 01/09/2015 017545 YOUNG, HOLLY refund:W/draw of Conditional Use Permit 543.00 refund:W/draw of Tentative Tract Map 5,974.50 refund:W/draw of DA Amendment 3,478.50 refund:Withdraw app of development plan 10,598.13 Jan janitorial srvcs:police old town 269.57 Jan janitorial svcs:City facs 21,899.53 Theater performance: 1/17/15 3,750.00 20, 594.13 22,169.10 3,750.00 ee computer purchase program 876.72 876.72 Refund:sec dep:Harveston Center MPR 150.00 150.00 Refund:Rocket Readers:lst/2nd grades 180.00 180.00 Refund:Tiny Tots:Terrific 3's 124.80 124.80 Refund:Harveston Center cancl'd event 824.00 824.00 Refund:sec dep:Harveston Center MPR 150.00 150.00 Refund:Harveston Center Cancl'd Event 410.00 410.00 Refund:sec dep:Harveston Center MPR 150.00 150.00 Grand total for UNION BANK: 2,839,132.85 Page9 apChkLst Final Check List 01/15/2015 12:07:16PM CITY OF TEMECULA Page: 10 133 checks in this report. Grand Total All Checks: 2,839,132.85 Pagel 0 apChkLst Final Check List Page: 1 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 2617 01/15/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 38,075.62 38,075.62 RETIREMENT) 2622 01/12/2015 003577 CALIF STATE BOARD OF Sales & Use Tax Return Jan -Dec '14 4,713.00 4,713.00 2623 01/16/2015 000621 WESTERN RIVERSIDE Dec '14TUMF Payment 220,066.16 220,066.16 COUNCI L OF 168815 01/22/2015 011347 A F S INC equip maint srvc & parts:pw street maint 114.95 114.95 168816 01/22/2015 016764 ABM BUILDING SERVICES, LLC replace hvac motor: tve2 265.70 265.70 168817 01/22/2015 003951 ALL AMERICAN ASPHALT asphalt products:street maint citywide 416.54 asphalt products:street maint citywide 145.93 562.47 168818 01/22/2015 009374 ALLEGRO MUSICAL VENTURES Piano tuning & maint:theater 185.00 185.00 168819 01/22/2015 017570 AMERICAN HEART Refund:sec dep:Conference CenterA/B 100.00 100.00 ASSOCIATION INC 168820 01/22/2015 017568 ANDERSEN, JENIFER Refund:sec dep:Conference centerA/B 100.00 100.00 168821 01/22/2015 017149 BGP RECREATION, INC. TCSD instructor earnings 252.00 TCSD instructor earnings 154.00 406.00 168822 01/22/2015 011666 B P S TACTICAL INC Tactical vests:temecula police 395.28 395.28 168823 01/22/2015 011954 BAKER & TAYLOR INC Temecula Library: Misc. collections. 23.70 Temecula Library: Misc. collections. 61.57 85.27 168824 01/22/2015 007385 BAUDVILLE, INC. visitor login books:front reception 118.35 118.35 168825 01/22/2015 004248 CALIF DEPT OF Dec 14 fingerprinting svcs: pd/hr/tve2 2,248.00 2,248.00 JUSTICE-ACCTING 168826 01/22/2015 008525 CALIF NARCOTIC CANINE Conf: Jan 26-29 Cramer, Matt 345.00 345.00 ASSOC 168827 01/22/2015 001374 CALIF SECRETARY OF STATE Notary public exam fee: S. Pollak 40.00 40.00 168828 01/22/2015 004228 CAMERON WELDING SUPPLY HELIUM TANK REFILLS:SPECIAL 74.96 74.96 EVENTS Pagel apChkLst Final Check List Page: 2 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 168829 01/22/2015 000131 CARL WARREN & COMPANY Dec 14 Claim adjuster services INC 168830 01/22/2015 004462 CDW, LLC 168831 01/22/2015 005311 CERTIFIED POOL WATER SPCL. Amount Paid Check Total 683.76 683.76 Public Library 192.24 Public Library 273.24 465.48 Dec 14 maint svcs for pools: crc & tes 1,025.00 Dec 14 maint svcs for pools: crc & tes 550.00 Dec 14 maint svcs for fountain: civic 350.00 168832 01/22/2015 000137 CHEVRON AND TEXACO City vehicles fuel: police dept 168833 01/22/2015 013989 CNS INDUSTRIES, INC. graffiti removal supplies:pw st maint 168834 01/22/2015 017562 COMMUNITY HEROES council cs funding program PROJECT INC 168835 01/22/2015 002945 CONSOLIDATED ELECTRICAL misc electrical supplies:var park sites DIST. 168836 01/22/2015 011922 CORELOGIC, INC. DEC WEB SUBSCTIPTION: CODE ENF 168837 01/22/2015 013379 COSSOU, CELINE TCSD Instructor Earnings 168838 01/22/2015 010650 CRAFTSMEN PLUMBING & Facility Maint: gate repair: station 84 HVAC INC 168839 01/22/2015 016942 CREATIVE MANAGEMENT Reclassification Study:HR FY14-15 SOLUTIONS 168840 01/22/2015 003272 DAISY WHEEL RIBBON Plotter paper & ink:GIS COMPANY INC 168841 01/22/2015 004192 DOWNS ENERGY FUEL & Fuel for City vehicles: police dept LUBRICANTS Fuel for City vehicles: traffic div Fuel for City vehicles: pw-parks maint Fuel for City vehicles: pw-maint Fuel for City vehicles: tcsd Fuel for City vehicles: bldg & safety 168842 01/22/2015 012217 DUDEK NOV ENVIRO CONSULTING: PED/BICYCLE BRIDGE 168843 01/22/2015 001056 EXCEL LANDSCAPE, INC. overseeding turf:redhawk comm park irrigation repair: crowne hill slope irrigation repair:rancho highlands slope 1,177.65 2,989.20 1,000.00 333.56 11.00 138.60 275.00 1,040.00 1,925.00 1,177.65 2,989.20 1,000.00 333.56 11.00 138.60 275.00 1,040.00 691.51 691.51 41.20 138.11 616.38 500.61 305.49 105.66 1,707.45 750.00 750.00 465.00 407.78 278.53 1,151.31 Page2 apChkLst Final Check List Page: 3 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 168844 01/22/2015 009953 FEDERAL CLEANING Jan 14 Janitorial srvcs:police mall 854.50 854.50 CONTRACTORS 168845 01/22/2015 000165 FEDERAL EXPRESS INC 12/18-12/29 exp mail svcs: fin & tcsd 45.07 45.07 168846 01/22/2015 000206 FEDEX KINKOS INC stationery paper/misc supply:central 10.79 10.79 168847 01/22/2015 004074 FRANCHISE MGMT SERVICES Misc supplies:mpsc 141.75 141.75 INC 168848 01/22/2015 007279 GAIL MATERIALS INC Idscp maint:pat birdsall sports park 4,222.87 4,222.87 168849 01/22/2015 000177 GLENNIES OFFICE PRODUCTS Dec 14 misc office supplies: foc 150.07 INC DEC 14 MISC OFFCE SUPPLIES:INFO TE DEC 14 MISC OFFCE SUPPLIES:PUBLIC Dec 14 misc offce supplies:planning 168850 01/22/2015 003792 GRAINGER irrig flow switches: crowne hill slope 168851 01/22/2015 000186 HANKS HARDWARE INC 168852 01/22/2015 013749 HELIXSTORM INC. 168853 01/22/2015 001158 HOLIDAY INN 168854 01/22/2015 004406 IGOE & COMPANY INC Dec14 misc hdwr supplies:tvm/children's Dec 14 misc hardware supplies:old town Dec 14 misc hardware supplies: library Dec 14 misc hardware supplies: var pools Dec 14 misc hardware supplies: crc Dec 14 misc hardware supplies: st maint Dec 14 misc hdwr supplies: history msm Dec 14 misc hardware supplies: var parks Dec 14 misc hardware supplies: pw Dec 14 misc hardware supplies: civic ctr Dec 14 misc hardware supplies: mpsc Dec 14 misc hardware supply: pkg garage Dec 14 misc hardware supplies: tcc Dec 14 misc hardware supplies: ott Dec 14 misc hardware supplies: info tech Dec 14 misc hardware supplies: bldg&saf IT Critical Infrastructure Support Conf: Jan 25-29 Cramer, Matt Jan 15 flex benefit plan pmt 3.55 32.57 114.97 301.16 847.58 847.58 195.04 201.05 10.97 86.87 68.03 310.04 75.59 1,597.18 246.75 330.64 7.63 5.93 32.36 450.54 74.48 35.62 3,728.72 3,600.00 3,600.00 395.16 395.16 50.00 50.00 Page3 apChkLst Final Check List Page: 4 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 168855 01/22/2015 013695 INLAND EMPIRE SHRED IT Description Shred Services: Records Division Shred Services: Records Division Shred Services: Records Division Shred srvcs:temecula police Shred srvcs:temecula police Amount Paid Check Total 63.00 17.40 15.75 15.75 15.75 127.65 168856 01/22/2015 006914 INNOVATIVE DOCUMENT Dec copier maint/repair/usage:citywide 3,771.14 SOLUTIONS Dec copier maint/repair/usage:citywide 414.44 4,185.58 168857 01/22/2015 001407 INTER VALLEY POOL SUPPLY misc pool chemicals: var pool sites 686.56 686.56 INC 168858 01/22/2015 003266 IRON MOUNTAIN OFFSITE Offsite Media Storage - Records 656.17 656.17 168859 01/22/2015 012295 JAMESON MANAGEMENT INC facility rehab:senior ctr main door 2,663.40 2,663.40 168860 01/22/2015 015673 JDS VIDEO & MEDIA VIDEO PRODUCTION SRVCS:ECO DEV 850.00 850.00 PRODUCTIONS 168861 01/22/2015 002531 KA TY FM RADIO Advertising:Winterfest2014 566.10 566.10 168862 01/22/2015 003046 K F R 0 G 95.1 FM RADIO Advertising:Winterfest 2014 2,135.00 2,135.00 168863 01/22/2015 015358 KELLY PAPER COMPANY, INC. paper supplies: central services 700.09 700.09 168864 01/22/2015 001091 KEYSER MARSTON Dec 14 consult svcs: land use eco study 14,232.84 14,232.84 ASSOCIATES INC 168865 01/22/2015 016399 KITCHEN STATION LLC, THE TCSD Instructor Earnings 90.00 TCSD Instructor Earnings 67.50 157.50 168866 01/22/2015 001282 KNORR SYSTEMS INC Equip purch:crc pool rehab 2,338.06 2,338.06 168867 01/22/2015 017567 LACASCIO LIVING TRUST Refund:Temecula Rod Run Car Entry 35.00 35.00 168868 01/22/2015 013879 LAKESHORE LEARNING Supplies:CRC Classes and Activities 104.03 104.03 MATERIALS 168869 01/22/2015 000210 LEAGUE OF CALIF CITIES 2015 agency membership dues 22,172.00 22,172.00 168870 01/22/2015 000210 LEAGUE OF CALIF CITIES 2015 Membership dues:City 100.00 100.00 Page4 apChkLst Final Check List Page: 5 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 168871 01/22/2015 006571 MELODY'S AD WORKS INC. Consulting srvcs:CSD special events 14.00 Consulting srvcs:CSD special events 1,500.00 Consulting srvcs:CSD special events 350.00 1,864.00 168872 01/22/2015 015955 METRO FIRE & SAFETY, INC. Extinguisher service: Sta 73 90.00 90.00 168873 01/22/2015 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 132.30 TCSD Instructor Earnings 352.80 TCSD Instructor Earnings 970.20 TCSD Instructor Earnings 396.90 2,072.70 168874 01/22/2015 004043 MISSION ELECTRIC SUPPLY, misc electrical supplies: old town 873.18 873.18 INC 168875 01/22/2015 013965 MONOPRICE, INC. Cables & misc items:IT Help Desk 10.15 10.15 168876 01/22/2015 004040 MORAMARCO, ANTHONY, J. Promo items:var Special Events 950.00 950.00 168877 01/22/2015 002925 NAPA AUTO PARTS misc veh parts & supplies: street maint 43.68 misc veh parts & supplies: street maint 7.98 51.66 168878 01/22/2015 015164 NATURES IMAGE, INC Dec 14 pechanga pkwy enviro mitigation 2,027.34 NOV 14 ENVIRO MITIGATION:FVP OVER( 905.35 2,932.69 168879 01/22/2015 017569 NEMNICH, TABITHA Refund:sec dep:Harveston Center MPR 150.00 150.00 168880 01/22/2015 013319 NEW TANGRAM LLC office furnihsings parts: finance dept 378.67 378.67 168881 01/22/2015 015122 NI GOVERNMENT SERVICES, Dec 14 satellite phone srvc:EOC/Fire 152.58 152.58 INC. 168882 01/22/2015 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PARK 182.21 182.21 RANGERS 168883 01/22/2015 011549 POWER SPORTS UNLIMITED VEH REPAIR & MAINT:PD 1,552.34 1,552.34 168884 01/22/2015 013725 PROCRAFT INC Door maintenance/repair: Sta 92 270.00 270.00 168885 01/22/2015 017107 PROVIDO, ROMEO Refund:sec dep:CRC Multipurpose 200.00 200.00 168886 01/22/2015 005075 PRUDENTIAL OVERALL DEC UNIFORM/FLR MAT/TOWEL 1,026.40 SUPPLY SRVCS:CITY FAC Dec uniform/fir mat srvcs:parks/civic 680.85 1,707.25 Pages apChkLst Final Check List Page: 6 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 168887 01/22/2015 000262 RANCHO CALIF WATER DISTRICT 168888 01/22/2015 016931 REACH SPORTS MARKETING GROUP 168889 01/22/2015 010587 RIVER NORTH DANCE COMPANY 168890 01/22/2015 017561 RR DONNELLEY & SONS COMPANY 168891 01/22/2015 011511 SCUBA CENTER TEMECULA 168892 01/22/2015 009213 SHERRY BERRY MUSIC 168893 01/22/2015 000537 SO CALIF EDISON 168894 01/22/2015 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total Dec var water meters:PW var sites 1,241.35 Dec var water meters:TCSD svc lev C 8,861.66 Dec var water meters:PW Maint 196.58 Dec water meter: 28640 Pujol St 10.97 Dec var water meters:JRC 180.84 Dec var water meters:PW Fac 3,721.04 Dec var water meters:PW Maint 231.18 Dec var water meters:PW old town 659.49 Dec var water meters:PW CIP 895.97 Dec var water meters:Fire Stns 645.44 16,644.52 Software: Library 3,505.60 3,505.60 Theater Performance: Jan. 30 & 31, 2014 15,000.00 15,000.00 notice of correction 624.45 624.45 TCSD Instructor Earnings 336.00 336.00 Jazz @ the Merc 01/15/15 325.50 325.50 Dec 2-36-171-5626:Butterfield stage rd Dec 2-01-202-7603:various All-nite LS -1 Dec 2-33-237-4818:30499 Rancho Cal Dec 2-31-419-2659:26706 Ynez Rd TC1 Dec 2-01-202-7330:various All-nite LS -1 Dec 2-35-576-2634:FV pkwy e/o jefferson Dec 2-26-887-0789:40233 Village Rd Dec 2-33-777-1950:40135 Village Rd Dec 2-29-223-9571:30395 Murr hot springs Dec 2-30-608-9384:28582 Harveston Dr Dec 2-28-171-2620:40820 Winchester 135.83 25,902.47 105.39 187.45 80,180.78 84.90 1,724.75 469.91 26.01 601.00 631.58 pest control svcs:stn 84 80.00 110,050.07 misc pest control srvcs: var parks 94.00 Dec pest control srvcs: tcc, safe & 123.00 Dec pest control svcs:City facs 625.00 922.00 168895 01/22/2015 002015 STAR WAY PRODUCTIONS audio srvcs/equip rental :winter events 2,690.00 2,690.00 168896 01/22/2015 006145 STENO SOLUTIONS Dec' 14 transcription srvcs:Police TRANSCRIPTION 2,033.78 2,033.78 Page6 apChkLst Final Check List Page: 7 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 168897 01/22/2015 001546 STRAIGHT LINE GLASS door repair:crc multi-purpose room 125.00 125.00 168898 01/22/2015 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 132.30 132.30 168899 01/22/2015 000305 TARGET BANK BUS CARD MISC SUPPLIES:THEATER 9.73 9.73 SRVCS 168900 01/22/2015 000168 TEMECULA FLOWER CORRAL Dec sunshine fund 407.85 407.85 168901 01/22/2015 004209 TEMECULA SUNRISE ROTARY Refund:sec dep:CRC Multipurpose 374.10 374.10 FOUND. 168902 01/22/2015 000306 TEMECULA VALLEY PIPE & Misc maint supplies: var park sites 17.96 17.96 SUPPLY 168903 01/22/2015 001403 TEMECULA VALLEY SOCCER Refund:Snack Bar Deposit:Fall 2014 400.00 400.00 ASSN 168904 01/22/2015 010276 TIME WARNER CABLE Jan high speed internet:32364 Overind 52.99 52.99 168905 01/22/2015 004759 TWIN GRAPHICS Graphics:police motorcycle fleet 2,305.85 2,305.85 168906 01/22/2015 004261 VERIZON Jan xxx-3738 gen usage:JRC 131.70 Jan xxx-2941 gen usage:TVE2 423.69 555.39 168907 01/22/2015 004789 VERIZON Jan Internet svcs:C. Museum 134.99 Jan Internet svcs:TCC 129.99 264.98 168908 01/22/2015 004848 VERIZON Jan long distance phone svcs 9.48 9.48 168909 01/22/2015 002658 VOLLMUTH, MARY Reimb: supplies for Team PACE raffle 168910 01/22/2015 006248 WALKER, JESSICA 118.30 118.30 TCSD Instructor Earnings 86.63 TCSD Instructor Earnings 178.50 168911 01/22/2015 003730 WEST COAST ARBORISTS INC 12/1-15 tree maint srvcs: parks & 12/1-15 tree maint srvcs: harveston 12/1-15 tree maint srvcs: vail ranch 1000333 01/14/2015 017554 ALEXANDER, JENNIFER Refund:sec dep:Harveston center MPR 1000334 01/14/2015 017553 GALVEZ, DOMINIQUE Refund:Ballet:Tiny Princess:Class 1,242.00 4,416.00 434.00 265.13 6,092.00 200.00 200.00 58.00 58.00 Page:7 apChkLst Final Check List Page: 8 01/22/2015 9:12:12AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1000335 01/14/2015 017555 MORRISON, MICHELLE 1000336 01/14/2015 017551 MURRIETAANGELS 1000337 01/14/2015 017552 PARKER, SABRINA Description Amount Paid Check Total Refund:Bootcamp with a Kick:Cancelled 80.00 80.00 Refund:Field rental cancellation 162.00 162.00 Refund:Tiny Tots Terrific 3's: 144.00 144.00 Grand total for UNION BANK: 525,487.27 apChkLst Final Check List 01/22/2015 9:12:12AM CITY OF TEMECULA Page: 9 105 checks in this report. Grand Total All Checks: 525,487.27 Page9 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: February 10, 2015 SUBJECT: Approve the City Treasurer's Report as of December 31, 2014 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of December 31, 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 December 31, 2014. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of December 31, 2014 Investments City of Temecula, California Portfolio Management Portfolio Summary December 31, 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 36,139,260.19 600,293.37 1,00 22,792,231.32 6,000,000.00 14, 000, 000.00 79,531,785.88 36,139, 260.19 600,293.37 1.00 22,792,372.65 5,982,300.00 14, 032,140.00 79,546,367.21 36,139,260.19 45.44 1 1 0.115 0.116 600,293.37 0.75 1 1 0.000 0.000 1.00 0.00 1 1 0.000 0.000 22,792,231.32 28.66 1 1 0,263 0.267 6, 000, 000.00 7.54 1,172 1,092 1.169 1.185 13, 992, 950.00 17.60 1,344 420 0.781 0.792 79,524,735.88 100.00% 326 157 0.353 0.358 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 943,178.22 80,474,964.10 943,178.22 80,489,545.43 943,178.22 80,467,914.10 0.000 0.000 326 157 0.353 0.358 Total Earnings Current Year Average Daily Balance Effective Rate of Return December 31 Month Ending Fiscal Year To Date 22,157.43 79,555,159.52 0.33% Reporting period 12/01/2014-12/31/2014 Run Date: 01/29/2015 - 14:57 142,718.14 90,461,570.34 0.31% Portfolio TEME CP PM (PRF_PM1) 7-3.0 Report Ver 7.3 .5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 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 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 08/01/2014 9,497.48 9,497.48 9,497.48 0.000 0.000 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 07/01/2014 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 07/01/2014 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 07/01/2014 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 Run Date: 01/29/2015 - 14:57 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2014 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216008-3 CITY COPCIP2 First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.10 0.10 0.10 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.09 0.09 0.09 0.000 0.000 1 107886011-2 RDA 06 B PRI First American Treasury 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 07/01/2014 0.05 0.05 0.05 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 0.06 0.06 0.06 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 0.05 0.05 0.05 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,116.00 202,116.00 202,116.00 0.010 0.010 0.010 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886021-2 RDA 07 PRINC First American Treasury 0.14 0.14 0.14 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,689.41 209,689.41 209,689.41 0.010 0.010 0.010 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,086.72 1,104,086.72 1,104,086.72 0.010 0.010 0.010 1 136343006 RDA 10 DS 1 First American Treasury 1,263,957.99 1,263,957.99 1,263,957.99 0.010 0.010 0.010 1 136343008 RDA 10A CIP2 First American Treasury 19,951.62 19,951.62 19,951.62 0.010 0.010 0.010 1 136343001-2 RDA 10A-INT1 First American Treasury 1.63 1.63 1.63 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 5,186,922.00 5,186,922.00 5,186,922.00 0.010 0.010 0.010 1 136343000-1 RDA 10B-INT1 First American Treasury 2.75 2.75 2.75 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,462.67 440,462.67 440,462.67 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 188,640.95 188,640.95 188,640.95 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 49,062.95 49,062.95 49,062.95 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,144,178.98 2,144,178.98 2,144,178.98 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.51 144.51 144.51 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2014 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 147,775.23 147,775.23 147,775.23 0.010 0.010 0.010 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 57,695.81 57,695.81 57,695.81 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 582,326.06 582,326.06 582,326.06 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 388.85 388.85 388.85 0.010 0.010 0.010 1 Run Date: 01/29/2015 - 14:57 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2014 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 164741000-5 03-03 SPEC Federated Tax Free Obligations 153,855.47 153,855.47 153,855.47 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 0.02 0.02 0.02 0.010 0.010 0.010 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 8,610.66 8,610.66 8,610.66 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-lbond fd Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 647,982.39 647,982.39 647,982.39 0.010 0.010 0.010 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 1,097.89 1,097.89 1,097.89 0.010 0.010 0.010 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 142,024.26 142,024.26 142,024.26 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 7,963.75 7,963.75 7,963.75 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.57 1,144.57 1,144.57 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.53 507.53 507.53 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 2,798.99 2,798.99 2,798.99 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,511.19 65,511.19 65,511.19 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 0.16 0.16 0.16 0.000 0.000 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.46 0.46 0.46 0.000 0.000 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,104.22 1,308,104.22 1,308,104.22 0.010 0.010 0.010 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 7,271,484.04 7,271,484.04 7,271,484.04 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 11,415,284.90 11,415,284.90 11,415,284.90 0.267 0.263 0.267 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,505,985.54 3,505,985.54 3,505,985.54 0.267 0.263 0.267 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 Run Date: 01/29/2015 - 14:57 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2014 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 36,473,033.20 36,139,260.19 36,139,260.19 36,139,260.19 0.115 0.116 1 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 600,293.37 600,293.37 600,293.37 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 0.00 0.00 0.00 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 0.00 0.00 0.00 0.000 0.000 1 39211000 Summerhouse Wells Fargo Bank 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 644,815.23 600,293.37 600,293.37 600,293.37 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2014 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 768,686.68 768,686.68 768,686.68 0.267 0.263 0.267 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 307,474.67 307,474.67 307,474.67 0.267 0.263 0.267 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,424,833.62 1,424,833.62 1,424,833.62 0.267 0.263 0.267 1 SYSCITY CITY CA Local Agency Investment Fun 7,893,933.70 7,893,988.68 7,893,933.70 0.267 0.263 0.267 1 SYSRDA RDA CA Local Agency Investment Fun 1,749.06 1,749.07 1,749.06 0.267 0.263 0.267 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 Run Date: 01/29/2015 - 14:57 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 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 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.267 0.263 0.267 1 SYSTCSD TCSD CA Local Agency Investment Fun 12,395,553.59 12,395,639.93 12,395,553.59 0.267 0.263 0.267 1 Subtotal and Average 23,289,005.51 22,792,231.32 22,792,372.65 22,792,231.32 0.263 0.267 1 Federal Agency Callable Securities 3133EDTQ5 01197 Federal Farm Credit Bank 08/27/2014 1,000,000.00 994,760.00 1,000,000.00 1.590 1.568 1.590 1,334 08/27/2018 3130A1WX2 01195 Federal Home Loan Bank 05/28/2014 1,000,000.00 995,870.00 1,000,000.00 1.050 1.036 1.050 970 08/28/2017 3130A3NK6 01200 Federal Home Loan Bank 12/29/2014 1,000,000.00 996,720.00 1,000,000.00 1.150 1.134 1.150 1,093 12/29/2017 3130A3RY2 01201 Federal Home Loan Bank 12/30/2014 1,000,000.00 996,860.00 1,000,000.00 1.150 1.134 1.150 1,093 12/29/2017 3134G5JJ5 01198 Federal Home Loan Mtg Corp 09/29/2014 1,000,000.00 1,001,300.00 1,000,000.00 1.100 1.085 1.100 1,002 09/29/2017 3136G2A64 01199 Federal National Mtg Assn 11/28/2014 1,000,000.00 996,790.00 1,000,000.00 1.070 1.055 1.070 1,061 11/27/2017 Subtotal and Average 4,419,354.84 6,000,000.00 5,982,300.00 6,000,000.00 1.169 1.185 1,092 Federal Agency Bullet Securities 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,009,580.00 1,000,000.00 1.300 1.282 1.300 644 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,006,440.00 1,000,000.00 1.050 1.036 1.050 298 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,006,260.00 1,000,000.00 0.970 0.957 0.970 326 11/23/2015 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,006,850.00 1,000,000.00 1.000 0.986 1.000 342 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,005,570.00 1,000,000.00 0.850 0.838 0.850 383 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,000,990.00 1,000,000.00 0.410 0.404 0.410 301 10/29/2015 3133EDN0 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 1,002,000.00 1,000,000.00 1.200 1.179 1.195 1,106 01/11/2018 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,000,220.00 1,000,000.00 0.520 0.513 0.520 22 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,000,280.00 1,000,000.00 0.400 0.395 0.400 43 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,001,250.00 1,000,000.00 0.500 0.493 0.500 141 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,004,880.00 1,000,000.00 0.900 0.888 0.900 452 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 995,830.00 1,000,000.00 0.550 0.542 0.550 726 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,000,440.00 999,270.00 0.375 0.399 0.404 74 03/16/2015 3135G0PQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 991,550.00 993,680.00 0.875 1.026 1.040 1,029 10/26/2017 Subtotal and Average 13,992,950.00 Run Date: 01/29/2015 - 14:57 14,000,000.00 14,032,140.00 13,992,950.00 0.781 0.792 420 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2014 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Total and Average 79,555,159.52 Run Date: 01/29/2015 - 14:57 79,531,785.88 79,546,367.21 79,524,735.88 0.353 0.358 157 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash December 31, 2014 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 4110170281 EDGEDEV TORRY PINES BANK 23303800 PCL CONST Wells Fargo Bank 44,554.82 44,554.82 44,554.82 0.000 0.000 1 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2014 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2014 29,793.03 29,793.03 29,793.03 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 856,531.37 856,531.37 856,531.37 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2014 9,189.00 9,189.00 9,189.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 79,555,159.52 Run Date: 01/29/2015 - 14:57 80,474,964.10 80,489,545.43 80,467,914.10 0.353 0.358 157 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Fund # Fund Name Cash and Investments Report CITY OF TEMECULA Through December 2014 Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 19,422,156.59 $ 9,649,033.50 $10,152,773.36 $ 18,918,416.73 100 STATE GAS TAX FUND 504,007.39 $ 570,288.08 $ 701,766.28 372,529.19 120 DEVELOPMENT IMPACT FUND 4,971,218.97 $ 368,736.77 $ 509.29 5,339,446.45 135 BUSINESS INCUBATOR RESOURCE 32,936.51 $ 12,225.35 $ 21,560.07 23,601.79 140 COMMUNITY DEV BLOCK GRANT - $ 56,428.77 $ 56,428.77 - 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 168,478.94 $ 4,219.92 $ 16.47 172,682.39 150 AB 2766 FUND 445,044.51 $ 33,198.96 $ 1,750.35 476,493.12 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 16,668.31 $ 8,339.92 $ 25,008.23 - 161 LARRY ROBINSON REWARD 25,146.44 $ - $ 2.40 25,144.04 165 AFFORDABLE HOUSING 49,830.35 $ 18,005.26 $ 67,835.61 - 170 MEASURE A FUND 4,149,919.32 $ 275,443.35 $ 266,022.55 4,159,340.12 190 TEMECULA COMMUNITY SERVICES DISTRICT - $ 1,244,391.50 $ 1,244,391.50 - 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 91,329.20 $ 13,258.18 $ 14,130.78 90,456.60 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 16,928.44 $ - $ 1.61 16,926.83 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 217,168.71 $ 8.00 $ 20,711.57 196,465.14 197 TEMECULA LIBRARY FUND 289,968.85 $ 11,043.72 $ 175,176.06 125,836.51 210 CAPITAL IMPROVEMENT PROJECT FUND 5,938,487.12 $ 524,661.96 $ 815,503.72 5,647,645.36 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,144,029.76 $ 293.73 $ - 2,144,323.49 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 754,570.29 $ 84.63 $ 172,328.86 582,326.06 277 CFD-RORIPAUGH 12,657,403.19 $ 152.61 $ 463,881.41 12,193,674.39 300 INSURANCE FUND 303,227.01 $ 288,636.00 $ 43,676.04 548,186.97 305 WORKER'S COMPENSATION 89,000.60 $ 80,544.65 $ 16.17 169,529.08 310 VEHICLES AND EQUIPMENT FUND 1,412,889.58 $ 38,178.00 $ 138.39 1,450,929.19 320 INFORMATION TECHNOLOGY 310,678.88 $ 564,933.49 $ 392,166.72 483,445.65 325 TECHNOLOGY REPLACEMENT FUND 103,405.50 $ 122,278.84 $ 107,563.76 118,120.58 330 CENTRAL SERVICES 448,148.67 $ 115,814.80 $ 64,551 .03 499,412.44 340 FACILITIES 288,587.07 $ 345,622.76 $ 133,702.51 500,507.32 375 SUMMER YOUTH EMPLOYMENT PROGRAM - $ 2,509.26 $ 2.81 2,506.45 380 SARDA DEBT SERVICE FUND 16,943,751 .00 $ 1,655,103.41 $ 2,235,591.68 16,363,262.73 381 REDEVELOPMEN PROPERTY TAX TRUST 401,007.63 $ 425,959.87 $ 826,967.50 - 460 CFD 88-12 DEBT SERVICE FUND 88,389.07 $ - $ 8.43 88,380.64 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 741,169.58 $ 92.89 $ 1,300.89 739,961.58 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,082,654.69 $ 28.14 $ 1,050.25 1,081,632.58 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 70,194.52 $ 9.42 $ 275.11 69,928.83 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,938,598.01 $ 21.12 $ 1,571.64 1,937,047.49 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 330,590.56 $ 1.18 $ 788.81 329,802.93 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 4,986,884.49 $ 20.54 $ 9,466.59 4,977,438.44 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,932.22 $ 4,002.55 $ 5,934.77 - 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 48,858.86 $ 30.30 $ 3,566.11 45,323.05 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 21,657.06 $ 36.57 $ 4,654.47 17,039.16 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 2,771 .32 $ 7.11 $ 1,562.75 1,215.68 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 21,966.28 $ 13.31 $ 2,389.19 19,590.40 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 18,898.21 $ 0.81 $ 212.35 18,686.67 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 2,436.70 $ 4.68 $ 849.25 1,592.13 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 824.93 $ 3.96 $ 201.82 627.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 14,086.02 $ 83.76 $ 12,179.88 1,989.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 63,109.11 $ 20.51 $ 3,121.09 60,008.53 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,062.35 $ 2.21 $ 222.21 842.35 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 60,204.68 $ 41.22 $ 5,334.30 54,911.60 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 91,429.14 $ 8,032.31 $ 20,645.69 78,815.76 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 79,898.61 $ 189.53 $ 34,649.24 45,438.90 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7,332.75 $ 4.74 $ 751.31 6,586.18 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 45,208.11 $ 107.10 $ 14,552.09 30,763.12 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 41,378.90 $ 34.49 $ 4,988.56 36,424.83 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,240.47 $ 1.89 $ 320.18 922.18 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 218,206.64 $ 565.88 $ 29,490.65 189,281 .87 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 878.26 $ 3.25 $ 351.27 530.24 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,557.90 $ - $ 3.20 33,554.70 Grand Total: $ 82,211,408.27 $ 16,442,754.76 $18,164,617.60 $ 80,489,545.43 Journal Entries completed after November's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. 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: February 10, 2015 SUBJECT: Approve the Policy Regarding Invocations at City Council Meetings PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A POLICY REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS BACKGROUND: The City of Temecula has a long tradition of including an invocation immediately preceding the Pledge of Allegiance as part of the City Council Meeting Agenda. Such invocations have been upheld as constitutional by the courts. The proposed policy formalizes the City's already existing practice consistent with the US Supreme Court's recent decision in Town of Greece v. Galloway (2014). In Marsh v. Chambers (1983), the US Supreme Court upheld legislative prayer and noted it is deeply embedded in the history of this country dating back to the Continental Congress that began each of its sessions with an invocation. In Rubin, et al. v. Lancaster (2011), the Ninth Circuit court upheld legislative prayer based on a policy that sought out religious leaders from the community on a non-sectarian basis and then sent letters to those leaders inviting them to give the prayer before the council meeting. The city chose the leaders in a non-sectarian manner and did not attempt to control the content of the prayers. In Town of Greece (2014), the US Supreme Court has upheld the Lancaster policy indicating that the city should seek leaders in a non-sectarian manner and that the content of the speech should not be regulated except that the speech should not proselytize nor condemn nonbelievers. The attached policy is consistent with the City's past invocation practice and current status of the law. All documents associated with this staff report and attachments were prepared and reviewed jointly by the City Clerk and the City Attorney. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A POLICY REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS WHEREAS, the City Council is an elected legislative and deliberative public body, serving the citizens of the City of Temecula ("City"); and WHEREAS, legislative bodies in America have long maintained a tradition of solemnizing proceedings by allowing for an opening prayer before each meeting; and WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court, in reviewing and ultimately rejecting a challenge to daily prayers in the Nebraska State legislature by a state -employed chaplain, recognized the tradition of legislative prayer, stating, "[t]he opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country." Id. at 786; and WHEREAS, the Marsh Court noted that, the Continental Congress began each of its sessions with an invocation delivered by a paid chaplain and, additionally, the First Congress, in one of its first official acts, arranged for daily chaplain -led prayer in both chambers. Id. at 788. From this, the U.S. Supreme Court inferred that "the men who wrote the First Amendment Religion Clause did not view paid legislative chaplains and opening prayers as a violation of that Amendment, for the practice of opening sessions with prayer has continued without interruption ever since that early session of Congress." Id. at 789; and WHEREAS, in the recent Ninth District Court of Appeals decision in Rubin v. City of Lancaster, 710 F.3d 1087 (2013), the court held the invocation policy of the City of Lancaster to be lawful upon review of the Marsh decision and finding that the City of Lancaster had a neutral process for selecting the invocation speakers and the city's policy went to great lengths to ensure the city did nothing to put its seal of approval on any particular religion or faith, and there was no evidence that a public official or city representative had interfered with the city's invocation policy to advance a particular religion; and WHEREAS, the City Council now desires to adopt a formal written policy to establish rules to allow invocations at City Council meetings, which ensure that (i) the selection of those individuals who give the invocation is neutral, (ii) the invocations are not used by the City to proselytize or advance anyone, or to disparage anyother, faith or belief, and (iii) an individual's rights to free speech under the First Amendment are protected. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, California, as follows: SECTION 1. That the Policy attached hereto as Exhibit A, and incorporated herein by this reference, as if fully set forth, entitled "City Council Invocation Policy" is approved. SECTION 2. This resolution shall be effective immediately upon adoption. Resos 15- 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2015. Jeff Comerchero, 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. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Resos 15- 2 Purpose: c TY OF TIE E ULA POLICY AND PROCEDURES FOR I NVOCATI ONS To establish a written policy regarding the opening invocations given before meetings of the City Council of the City of Temecula. Policy: In order to solemnize proceedings of the City Council, it is the policy of the City to allow for an invocation or prayer to be offered at its meetings for the benefit of the City Council and the community. No member of the City Council, City employee or any other person in attendance at the meeting shall be required to participate in any prayer that is offered. No invocational speaker shall receive compensation for his or her service. The City Clerk shall make every reasonable effort to ensure that a variety of eligible invocational speakers are scheduled for the City Council meetings. No invocational speaker shall be scheduled to offer a prayer at consecutive meetings of the City Council, or at more than three (3) City Council meetings in any calendar year. Neither the City Council nor the City Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocational speaker. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the City Council with, nor express the City Council's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the City Council's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Temecula. Procedure: The prayer shall be voluntarily delivered by a member of the clergy/religious leader in the City of Temecula. To ensure that such person is selected from among a wide pool of the clergy/religious leaders, on a rotating basis the invocational speaker shall be selected according to the following procedure: • The City Clerk shall compile and maintain a database (the "Invocation List") of the religious congregations with an established presence in the City of Temecula. • The "Invocation List" shall be compiled by referencing the online listing for "churches", "congregations", or other religious assemblies in the annual Yellow Pages phone book published for the City of Temecula, the City's business license listing, and research from the Internet. All religious congregations with an established presence in the local community of Temecula are eligible to be included in the Invocation List, and any such congregation can confirm its inclusion by specific written request to the City Clerk. • The Invocation List shall also include the name and contact information of any chaplain who may serve one or more of the fire departments or law enforcement agencies of the City of Temecula or any nearby military facilities. • The Invocation List shall be updated annually by reasonable efforts of the City Clerk. • Within thirty (30) days of the effective date of this policy, the City Clerk shall mail an invitation addressed to the "religious leader" of each congregation listed on the Invocation List, as well as to the individual chaplains included on the Invocation List. The invitation shall be sent out annually thereafter at the beginning of the calendar year. • The invitation shall be dated at the top of the page, signed by the City Clerk at the bottom of the page, and read as follows: Dear Religious Leader, The City Council makes it a policy to invite members of the clergy in the City of Temecula to voluntarily offer a prayer before the beginning of its meetings, for the benefit and blessing of the City Council and the community. As the leader of one of the religious congregations with an established presence in the local community of the City of Temecula, or in your capacity as a chaplain for one of the fire departments or law enforcement agencies of the City of Temecula, you are eligible to offer this important service at an upcoming meeting of the City Council. If you are willing to assist the City Council in this regard, please send a written reply at your earliest convenience to the City Clerk at the address included on this letterhead. You are also welcome to send your reply via email to the email address provided above. Clergy are scheduled on a first-come, first serve or other random basis. The City Council of the City of Temecula meets regularly at 7:00 p.m. on the 2nd and 4th Tuesday of every month. The meetings are held at the Civic Center -Council Chambers located at 41000 Main Street. If you have a preference among the dates, please state that request in your written reply. This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the City Council requests only that the prayer opportunity not be exploited as an effort to convert others to the particular faith of the invocational speaker, nor to disparage any faith or belief different than that of the invocational speaker. On behalf of the City Council, I thank you in advance for considering this invitation. Sincerely, City Clerk • As the invitation letter indicates, the respondents of the invitation shall be scheduled on a first-come, first -serve or other random basis to deliver the prayers. • If the selected invocational speaker does not appear at the scheduled meeting, the Mayor may ask for a volunteer from among the Council, staff or audience to deliver the invocation. 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: February 10, 2015 SUBJECT: Authorize a Dog License Late Fee Amnesty Program (At the Request of Council Member Maryann Edwards) PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTICIPATION IN THE DOG LICENSE LATE FEE AMNESTY PROGRAM BACKGROUND: The City of Temecula is a member of the Southwest Communities Financing Authority Joint Powers Authority (SCFA) and contracts with the Animal Friends of the Valley (AFV) for all animal control services. The amnesty program is part of a regional coordinated marketing program of SCFA and AFV that offers residents an opportunity to license or renew their expired dog licenses without having to pay the $20 late fee. The intent of the amnesty program is to encourage dog owners to bring their licenses current by only charging the license fees, which are $15 for altered dogs and $25 for unaltered dogs for a one-year license. Council Member Maryann Edwards serves as the City's liaison to the Animal Friends of the Valley and has requested Council's consideration of implementing the Dog License Late Fee Amnesty Program within the City of Temecula. The goal of the SCFA's marketing program is to leverage local resources to educate and increase public awareness throughout the region about responsible pet ownership measures including licensing, spay and neutering and micro -chipping their pets. The amnesty program will assist dog owners in bringing their licenses current, which will aid in the identification of the dog owner in the event the dog is lost and is taken to the shelter, thus reducing the animal's stay in the shelter. FISCAL IMPACT: It is estimated that the City receives approximately $750 in late fee revenue per week, therefore the fiscal impact of providing a two-week amnesty on late fees would reduce revenue by approximately $1,500. ATTACHMENTS: Resolution RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTICIPATION IN THE DOG LICENSE LATE FEE AMNESTY PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On November 30, 2004, the City of Temecula entered into a Joint Powers Agreement between the County of Riverside and the City of Canyon Lake, the City of Lake Elsinore, and the City of Murrieta, creating the Southwest Communities Financing Authority for the purpose of establishing a mechanism for the financing of a centrally located animal shelter; and A. On November 10, 2010, the City of Temecula authorized the addition of the City of Wildomar as a member of the SCFA and incorporation of an Assistant Program Administrator to assist the Program Administrator in carrying out the day-to- day operations of the SCFA; and B. The Dog License Late Fee Amnesty Program is part of a regional coordinated marketing program, offered by all members of SCFA, in which residents may renew their expired dog license without being assessed the $20 late fee; and C. The Dog License Late Fee Amnesty Program benefits the City by encouraging dog owners to obtain the necessary dog licenses that will aid in the identification of the dog owner in the event the dog is lost and is taken to the Animal Shelter, thus reducing the length of stay and decreasing the amount the City pays each year for the Animal Shelter, aid in the spay and neutering of dogs to reduce the number of stray dogs, and aid the microchiping program that will assist with the reuniting of lost dogs with owners, reducing shelter stays; and D. The City Council of the City of Temecula authorizes participation in the Dog License Late Fee Amnesty Program from April 1, 2015 through April 15, 2015. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2015. Jeff Comerchero, 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. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: February 10, 2015 SUBJECT: Approve a Purchase and Installation Agreement and the Third Amendment to the Minor Maintenance Services Agreement with Innovative Document Solutions for the Canon Copiers/Printers PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: That the City Council: 1. Approve a three-year Purchase and Installation Agreement with Innovative Document Solutions in an amount not to exceed $60,000, plus contingency in the amount of 10%, for a total contract amount not to exceed $66,000; 2. Approve the Third Amendment to the Minor Maintenance Services Agreement with Innovative Document Solutions (IDS) to amend the Payment Rates and Schedule (Exhibit B). BACKGROUND: In an effort to complete the Canon Copier lifecycle program, the approval of a Purchase and Installation Agreement is being requested. This effort will include the replacement of 14 Canon copiers that are 11+ years old. Approximately two years ago, Staff was advised that parts were no longer being made for these machines; and, therefore, it has become difficult to repair these machines to adequately meet the facilities' needs. Of the new 14 multifunctioning copiers/printers, 12 will be located at off-site facilities and two will be located at the Civic Center. These 14 multifunctioning copiers/printers are strictly replacement copiers, not added copiers. On December 22, 2014, the City solicited a Request for Proposal (RFP) via the City's online bidding system, PlanetBids. A total of five authorized Canon dealers were notified of the RFP. On January 14, 2015, a total of three vendors submitted a responsive proposal. The low bidder was Innovative Document Solutions from Murrieta, California, in the amount of $47,001.92, including sales tax/removal and data erase of old copiers/delivery/installation/training. The remaining contract approval amount of $18,998.08 would be utilized as necessary for adding additional copiers if needed over the next three years. The purchase of any additional copiers would only be feasible if appropriate funds were budgeted. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. There were no local bidders within 5% of the low bidder. In June 2011, the City Council approved a five-year Minor Maintenance Agreement with Innovative Document Solutions (IDS) for the maintenance/service/usage of the Canon copiers/printers for the Civic Center, the Library, and outlining facilities. In June 2014, the City Council entered into the First Amendment to this Minor Maintenance Agreement to increase the annual payment amount due to usage not due to imposed rate increases by the vendor. In September 2014, the City Council entered into the Second Amendment to this Minor Maintenance Agreement to add the Scope of Work (Exhibit A) and to amend the Payment Rates and Schedule (Exhibit B). The proposed Third Amendment to the Minor Maintenance Agreement is to amend Exhibit B (Payment Rates and Schedule), removing the old copiers/printers from Exhibit B and adding the newly proposed Canon copiers/printers. FISCAL IMPACT: Adequate funds have been budgeted in the Support Services Operating Budget for this request. ATTACHMENT: 1. Purchase and Installation Agreement 2. Third Amendment PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND INNOVATIVE DOCUMENT SOLUTIONS CANON COPIER PURCHASE THIS AGREEMENT is made and effective as of February 10, 2015 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Innovative Document Solutions, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on February 10, 2015, 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. The City may, upon mutual agreement, extend the contract for (3) additional year terms. In no event shall the contract be extended beyond June 30, 2018. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City Various Canon Copiers in Multiple City Locations as more particularly described in Exhibit A, Description of Equipment and or Scope of Work, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Sixty Thousand Dollars ($60,000.00). The Purchase Price is final and shall be paid by City to Contractor in accordance with the schedule found in Exhibit B. If the need for additional equipment is required within the term of the agreement, the City and Contractor will determine the updated model and price. 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. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Scope of Work"). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as copier equipment for multiple city locations and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 7. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before refer to Exhibit A for delivery information. 9. PLACE OF DELIVERY The Equipment shall be delivered to various locations, refer to Exhibit A for delivery information. 10. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 11. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 14. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 20. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Contractor: 21. GOVERNING LAW City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Innovative Document Solutions 26855 Jefferson Ave Murrieta, CA 92562 The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 22. 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. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INNOVATIVE DOCUMENT SOLUTIONS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Kevin W. Heitritter, President ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Sandi Heitritter, Vice President Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR INNOVATIVE DOCUMENT SOLUTIONS Kevin Heitritter Innovative Document Solutions 26855 Jefferson Ave Murrieta, CA 92562 951 676-8885 Acting PM Initials. Date: EXHIBITS A & B DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK AND PAYMENT SCHEDULE Expected start date for delivery and installation of equipment is within 2 business days of receipt of purchase order. Payment is due upon functional completion and final inspections are made by the City. All prices include, sales tax, removal of current equipment, delivery, installation, training, and any other fees associated with these purchases. PI ' Ili ' '11,!1 iiil " .1 5235 1 i'lli ;1 i i 11)1 Ji Color ' � a 11111 . iIA Community Recreation Center r' IIfiiiill �I L(� rarI.' 30875 Road, 1 �� I,t, df Rancho Temecula % Vista I I I Ilii n C $5,387.76 i IIII illi p )1( 4225 B&W B&S - Civic Center 41000 Main Street, Temecula $2,953.80 4225 B&W Records - Civic Center 41000 Main Street, Temecula $2,953.80 2230 Color Temecula Community Center 28816 Pujol Street, Temecula $5,045.68 2230 Color Community Theater 42051 Main Street, Temecula $5,045.68 2230 Color Senior Center 41845 Sixth Street, Temecula $5,045.68 2230 Color History Museum 28314 Mercedes Street, Temecula $5,045.68 2230 Color PD - Southwest Station 30755-A Auld Road, Murrieta $5,045.68 4225 B&W Children's Museum 42081 Main Street, Temecula $2,953.80 1025iF B&W PD - Old Town Storefront 28690 Mercedes Street, Temecula $1,142.64 1025iF B&W PD - Promenade Mall 40820 Winchester Road, Ste. 2020, Temecula $1,142.64 1025iF B&W Library - Genealogy 30600 Pauba Road, Temecula $1,142.64 1025if B&W Fire Station No. 92 32211 Wolf Valley Road, Temecula $1,142.64 4225 B&W Aquatics 30875 Rancho Vista Road, Temecula $2,953.80 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND INNOVATIVE DOCUMENT SOLUTIONS MAINTENANCE/SERVICE/USAGE FOR CANON COPIERS THIS THIRD AMENDMENT is made and entered into as of February 10, 2015, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Innovative Document Solutions, a corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2011, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services Between City of Temecula [and Innovative Document Solutions] Maintenance/Service/Usage for Canon Copiers", in the amount of $68,000 per year, plus contingency in the amount of 10%, for an annual amount of $74,800 per year and a total agreement amount of $374,000; b. On June 24, 2014, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Services between City of Temecula and Innovative Document Solutions Maintenance/Service/Usage for Canon Copiers" to increase the payment amount for fiscal year 2013-14 to $82,000, to increase the payment amount for fiscal year 2014-15 to $90,000, and to increase the payment amount for fiscal year 2015-16 to $90,000 for a total Agreement amount of $411,600. c. On September 24, 2014, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Services between City of Temecula and Innovative Document Solutions Maintenance/Service/Usage for Canon Copiers" to amend Exhibit B to accurately reflect the Canon Copiers serviced under the Agreement. d. The parties now desire to add to the Scope of Work (Exhibit "A") and amend the Payment Rates and Schedule ("Exhibit B") of the Agreement as follows: 2. Exhibit "A" (Scope of Work) to the Agreement is hereby amended in its entirety, as attached hereto and incorporated herein as though set forth in full. 3. Exhibit "B" (Payment Rates and Schedule) to the Agreement is hereby amended in its entirety, as 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. 11086-0001\ 1744578v1.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INNOVATIVE DOCUMENT SOLUTIONS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Kevin W. Heitritter, President ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Sandi Heitritter, Vice President Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR 11086-0001 \ 1'7445'78v 1. doc INNOVATIVE DOCUMENT SOLUTIONS Kevin Heitritter Innovative Document Solutions 26855 Jefferson Ave Murrieta, CA 92562 951 676-8885 Acting PM Initials: Date: EXHIBIT "A" SCOPE OF WORK The Scope of Work for this Agreement includes the future delivery, installation, maintenance, repair, and emergency call -out services of the City's Canon copiers at various locations upon the real and personal property of the City. The procedure for assigning work is set forth as follows: 1. The scope of work for this Agreement shall include the delivery, installation, maintenance, and usage for the City's 60 Canon copiers/printers for the Civic Center, the Library and other City facilities; 2. The City shall pay for copier maintenance/usage based on a price per impression structure with no monthly minimums or maximums, as set forth in Exhibit B of this Agreement; 3. The Contractor is and shall remain an authorized dealer for Canon copiers/printers; 4. Any technician shall be on-site within four (4) hours or less of the City's initial request for service call on Mondays through Fridays (8:00 a.m. - 5:00 p.m.), including holidays; 5. The Contractor shall have sufficient parts, tools, and equipment locally available to provide efficient and expedient maintenance service; 6. The Contractor guarantees all Contractor -provided Canon copiers/printers to perform to manufacturer's specifications for as long as the City has the copiers/printers. If the Contractor is unable to repair any copier/printer on-site, the Contractor shall provide and install a loaner Canon/printer with similar or better features if a copier is out of service for more than two working days. If any copier/printer cannot be repaired, the Contractor shall replace said copier/printer with copier/printer of equal or greater capabilities at no additional charge. 7. Any digital copiers/printers to be networked must be Windows 7, 2003 and 2008 compatible on both 32 and 64 bit platforms with a minimum of 100 base TX Ethernet connection; and copier/printers must support both PCL and PS drivers. 8. The Contractor shall supply monthly reports showing the monthly volume usage for each copier/printer. Each copier/printer shall be identified in the report by the location, copier model, serial number and include a period of time and actually monthly meter reads. If requested, the Contractor shall provide reports displaying the maintenance service history for each copier/printer. 9. By way of ImageWare, the Contractor shall assist with the implementation of remote meter reads/online service calls and online supply orders. 11086-0001\ 1744578v1.doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE (Copy Per Impression Rates attached) 11086-0001\ 1744578v1.doc Exhibit "B" (Payment Rates and Schedule Copy Rate per Impression ID # Location Model# B/W Rate Color Rate 1. 2585 Central Services 105+ 0.0069 2 4374 Central Services 7105 0.0069 3 4376 Central Services Color 5051 0.01 0.068 4 4379 Central Services Color 7065 0.01 0.068 5 4393 Central Services iPF610 N/A 6 4861 Lobby Reception 1025 0.019 7 4375 Com Dev Copy Room Color 5051 0.01 0.068 8 4964 Plan Tech Counter 4051 0.01 9 606 Inspector Area 2200 0.0069 10 4395 Com Dev Reception 1025 0.019 11 3665 Fire Copy Room 1023 0.019 12 4988 Com Dev Admin Desk 1025 0.019 13 4966 PW Copy Room Color 5030 0.01 0.068 14 4963 PW CIP Color 5030 0.01 0.068 15 4431 PW Reception 3225 0.0069 16 4397 Cashier 1025 0.019 17 4380 Finance Copy Room Color 5051 0.01 0.068 18 4955 IT Copy Room Color 5051 0.01 0.068 19 4972 CSD Copy Room Color 5030 0.01 0.068 20 4862 CSD Reception 1025 0.019 21 4965 CM/HR Color 5051 0.01 0.068 22 4394 CM Copy Room 1025 0.019 23 4378 Clerk Copy Room Color 5051 0.01 0.068 24 608 Records 3300 0.0069 25 2584 CRC Aquatics 2270 0.0069 26 2583 Children's Museum 2270 0.0069 27 2605 Community Theater 2270 0.0069 28 1175 Senior Center 2200 0.0069 29 3604 History Museum 2022 0.0125 30 596 CRC Office 3300 0.0069 31 5078 Skate Park 1025 0.019 32 5397 JRC 1025 0.019 33 3423 Station 84 3045 0.0069 34 731 Station 95 2200 0.0069 35 597 Station 92 2200 0.0069 36 4396 Station 73 1025 0.019 37 2581 Old Town Store Front 1670 0.019 38 2187 Southwest Station 2200 0.0069 39 5396 Promenade Storefront 1025 0.019 40 5073 FOC - Color 5235 0.01 0.068 41 4973 TVE2 -Color 5030 0.01 0.068 42 5077 Library -Reference Counter 1025 0.019 43 5079 Library-I.L.L. Office 1025 0.019 44 5080 Library -Children's area 1025 0.019 45 5083 Library -Manager Office 1025 0.019 46 5084 Library -Reception 1025 0.019 48 3038 Library -Genealogy 2270 0.0069 50 3031 Library -Homework Center Color 3220 0.0121 0.068 54 5419 Library - Public Copier 4225 0.01 55 5429 Library - Public 2 4225 0.01 56 5430 Library - Children's Workroom Col 5235 0.01 0.068 57 5425 Library - Staff Workroom Color 5235 0.01 0.068 58 5426 Library- Public 1 Color 5235 0.01 0.068 59 5411 Library -Homework Center Color 2230 0.01 0.065 60 N/A Genealogy 1025 0.019 Future replacement copier 61 N/A CRC- Office 5235 0.01 0.068 Future replacement copier 62 N/A B&S - Civic Center 4225 0.01 Future replacement copier 63 N/A Records - Civic Center 4225 0.01 Future replacement copier 64 N/A Temecula Community Center 2230 0.01 0.065 Future replacement copier 65 N/A Community Theater 2230 0.01 0.065 Future replacement copier 66 N/A Senior Center 2230 0.01 0.065 Future replacement copier 67 N/A History Museum 2230 0.01 0.065 Future replacement copier 68 N/A PD- Southwest Station 2230 0.01 0.065 Future replacement copier 69 N/A Children's Museum 4225 0.01 Future replacement copier 70 N/A PD - Old Town Storefront 1025 0.019 Future replacement copier 71 N/A PD - Promenade Mall 1025 0.019 Future replacement copier 72 N/A Fire St.92 1025 0.019 Future replacement copier 73 N/A Aquatics 4225 0.01 Future replacement copier The current rates will apply through the entirety of this five-year agreement and will not increase.The current copy rates include all maintenance, parts, supplies (toner, drums, rollers, etc.) and labor required for the proper operation of the copiers/printers. Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: February 10, 2015 SUBJECT: Approve an Agreement with RBF Consulting for the Environmental Initial Study for Art Gaitan's Mexico Cafe PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council Approve an Agreement with RBF Consulting, in the amount of $65,500, for the Environmental Initial Study for Art Gaitan's Mexico Cafe. BACKGROUND: The City is processing a Development Plan and Conditional Use Permit for a proposed 11,722 -square -foot restaurant. The 2.61 acre project site is generally located approximately 1,300 feet south of the Temecula Parkway and Pechanga Parkway intersection (APN 961-440-015). Pursuant to the requirements of the California Environmental Quality Act (CEQA), RBF Consulting will provide an Initial Study for the project. The Initial Study will include a habitat assessment, focused burrowing owl study, delineation of jurisdictional waters, noise study, air quality and greenhouse gas assessment, cultural resource assessment, and paleontological assessment. FISCAL IMPACT: There is no fiscal impact to the City. The applicant has deposited sufficient funds in deposit account 001.2970 ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND RBF CONSULTING ENVIRONMENTAL INITIAL STUDY FOR ART GAITAN'S MEXICO CAFE THIS AGREEMENT is made and effective as of February 10, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on February 10, 2015 and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 10, 2016 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 sixty five thousand five hundred dollars ($65,500) 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. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 RBF Consulting Attn: Kevin Thomas 40810 County Center Drive Temecula, CA 92591 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor John Tanner III, PE, Temecula Office Manager ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Kevin Thomas, CEP, Environmental Clerk Services Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT RBF Consulting Attn: Kevin Thomas 40810 County Center Drive Temecula, CA 92591 kthomas@mbakerintl.com 714.269.7427 Acting PM Initials: Date: �--- EXHIBIT A Tasks to be Performed 1 TE("017INI('0,1,L ,tppRio itc,H AND RBF Consulting has submitted this proposal to prepare an Initial Study for the Art Gaitan's Mexico Cafe Development Plan and Conditional 'Use Permit to be used in the CEQA review. Based on the RFP provided by the City. RBF has developed the following approach and timeline for the project, RBF understands that the City desires to infill development opportunities along Pechanga Parkway. while protecting the environmental and cultural resources that surround the project site, RBF understands the sensitive nature required to successfully develop in the area surrounding the project site due to resources in the project vicinity. The project area is adjacent to the Temecula Creek, a Recreational Vehicle Storage Site. and Pechanga Parkway.. RBF tuiderstands that the project site is subject to several constraints including congestion along Temecula Parkway, Pechanga Parkway. and Rainbow Canyon Road, as well as proximity to the Temecula Creek and cultural sensitivity due to the Project's location within a Pechanga Traditional Cultmal property, RBF's approach to this project is as follows: 1., Conduct thorough resea,rcli andvestigation, including a site visit, kickoff .meeting with City staff, 2. Prepare technical studies to assist in determining the appropriate CEQA document (in particular, biological resources, air quality ancl GHG). 3. Prepare a thorough Initial Environmental Study (using the City's Initial Study checklist), 4. Consult with City staff, and then utilize the Initial Study to circulate an ISIMND for public review. RBF has proposed an exceptional team to accomplish this work program With the majority of required technical disciplines in-house. RBF can be efficient in both time and budget. The RBF team will be led by Kevin Thomas; with over 29 years' experience in CEQA/NEPA document preparation and a long history and proven track record with the City of Temecula, SCOPE OF WORK The proposed Scope of Work approaches each of the issues thoroughly in order to adequately assess all potential impact areas of the proposed project. Ow' familiarity with the environmental review process for projects similar in nature. and our current work efforts on several similar projects, will help the City complete the enviromnental documentation for the Project. TASK 1.0: PROJECT SCOPING Task 1.1 Site Visit/Kick-OffMeeting RBF will conduct an initial orientation meeting with City staff in order to ensiut agreement on the basic Project elements. The meeting will include a review of available Project materials, and may be followed by a site visit. Items to be addressed at the kick-off meeting would consist of the potential impacts, alternatives. Project schedule and the public scoping/agency consultation process. RBF will work closely with the City to develop an effective public participation program, including strategic timing and information for the Project's key public notices and public meeting, Task 1.2 Research and Investigation RBF will obtain and review available data for the Project, as well as policy doctunentation from the City, County, and applicable local. State and Federal Agencies. This infoimation, along with environmental data and applicable information available from the City and other nearby jurisdictions, will become part of the foundation of the IS and will be reviewed and incorporated into the analysis, as deemed appropriate. As a part of the early scoping for the Project, the RBF Team will conduct a field study of the site, reviewing existing land use and environmental conditions. and taking site photos to record on-site and surrounding: uses. Task 1.3 Refine Project Description, Goals and Alternatives F will prepare a draft Project Description in consultation with City staff The draft Project Description will include the background and history, Project Objectives, Project Description, phasing, and pemits/approvals required.. RBF will prepare appropriate exhibits using available information. RBF will revise the Project Description after receiving city comments. which will then be used as the basis for the IS and associated technical studies. TASK 2.0: PREPARATION OF TECHNICAL STUDIES Each technical study below will be submitted for City review. revised for use in the IS and associated CEQA document, and includes appropriate tecluncal support to respond to public comments on the CEQA document, Other areas of technical analysis will be included in the main body of the IS checklist responses, rather than as separate technical studies. Per the RFP. the studies below have been included into the project proposal. It is assumed that all additional technical stnidies are being prepared by the applicant and will be provided. Additional technical studies can be included under seperate scope and fee. Task 2.1: Biological Study RBF's in-house iological Resources Team will complete all of the biological resource surveys and technical studies, The Biological Technical Report would include: RBF will review all technical reports previously prepared for the project and other vicinity data for the site to determine which sensitive resources are likely to occur onsite or within the general area, A database search of the California Natural Diversity Data Base (CNDDB) and California Native Plant Society (CNPS) listings regarding sensitive biological resouces known to occur in the region and vicinity of the site will also be conducted. A detailed review of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) will be conducted for its implications of the property and local vicinity of the project site, This will allow RBF to focus its field visit on MSHCP covered species and habitats known to occur or have the potential to occur within the vicinity of the project site. A preliminary review of the Western RiversideMSHCP only identified bunowing owl as a potentially occuring covered species. However, the project site is within a MSHCP Criteria Cell 7445 which is focused on preserving riparian habitat junsdictional waters along Pechanga and Temecula Creek (Proposed Constrained Linkage 14). Although the proposed project may be outside of the targeted conservation for this criteria cell, the MSHCP consistancy report will need to determine if development of the site will conflict with assembly of proposed contrained linkage 14, and will include this information in a Habitat Acquisition and Negotioation Strategy (HANS) analysis in the report.. iIu A RBF will survey the project site to document baseline conditions from which to evaluate the potential to support Federal. State, and MHSCP covered species, The survey will focus on the project site's ability to support burrowing owl. and to dociunent the extent of riparian habitat on the site, The site will be systematically surveyed and notes will be taken id all flora and fauna species observed, The presence of sensitive habitats such as ripariaariverine areas will be noted, as well as urban edge effects that might occur from development of the project site adjacent to Proposed Constrained Linkage 14, Foct.:,sED IBLERciwroc OWL, SURVIEFFP Focused btu -mixing owl surveys should be conducted if suitable burrowing owl habitat sign is encountered on or adjacent to (within 150 meters) the project site. Burrowing owls are more detectable during the breeding season with detection probabilities being highest during nesting stage. In California, the buirowing owl breeding season extends from February 1st to August 31st, Three survey visits will be conducted during daylight hours with each visit to occur at least one week apart, A brief survey report will be prepared that includes survey results as well as a description of the proposed project or proposed activity, including the proposed project start and end dates, as well as a description of disturbances or other activities occuring on-site or nearby, FOp ,P0PF F FP FF P POP:FPI A biological technical report will be prepared with the results from the habitat assessment and Burrowing Owl Survey that will document all plant, wildlife species. and habitats occurring on the project site. as well as the potential to support any listed or MSHCP covered species„ The report will include a brief analysis of project impacts to biological resources. suggestions for further studies that may be needed prior to development, and suggested mitigation measures, if needed, The report will also address potential impacts to the movement of wildlife through Proposed Constrained Linkage 13 and Proposed Linkage 10, In addition. a MSHCP consistancy analysis will be completed that will specifically address the MSHCP requirements for the project site„ The analysis will address jurisdictional waters and riparian/riverine habitat, the suitability of the habitat fOr burrowing owl and the potential for site development to create urban edge effects, An equivalency analysis will be included, if appropriate, that reviews potentail impacts, proposed conservation meastuts and demonstrates that the development of the proposed project complies with the conservation goals of the MSHCP, The report will be sufficient to make the appropriate consistency determination for compliance with MSHCP Task 2.2 .Delineation of Jurisdictional Waters RBF will conduct a site reconnaissance to perform a delineation that will determine jurisdictional "waters of the United States" and "waters of the State", located within the boundaries of the project site, The delineation will result in: a determination of the Corps' ordinaiy high water mark (OHWM) and indicate the existence of any three (3) parameter wetlands on-site, The actual presence or absence of wetlands on-site will be verified through the determination of the presence of hydrologic conditions. hydrophytic vegetation, and hydric soils pursuant to the September 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 20: and. the CDFW's jurisdiction being identified via the top of bank of the on-site streambed or to the outer drip line of riparian vegetation (if present) pursuant to the 1994 CDFG Field Guide to Lake and Streambed Alteration Agreements, Prior to visiting the project site. RBF Regulatory staff will conduct a thorough ra review of relevant information that supports the site reconnaissance and report preparation, Sources reviewed are anticipated to include topographic maps, soil stuveys, historic and current aerial photography, flood maps. hydrology climate information and watershed data, Once RBF conducts a site visit and the project site baseline information is obtained. RBF will prepare a comprehensive written report discussing on-site jurisdictional areas. The delineation will consist of the following Sections; 1) Introduction and Purpose; 2) Sunmiary of Regulations; 3) Methodology; 4) Literature Review; 5) Site Conditions; 6) Findings 7) Regulatory Approval Process: 8) References; and 9) Appendices. Pursuant to agency requirements, the delineation report will include a maximum of five (5) exhibits to enhance the written text and clarify the Project, jurisdictional areas, and project impacts. Exhibits are anticipated to include: 1) Regional Vicinity Map; 2) Site Vicinity. Map; 3) Site Plans, (or aerial); 4) On - Site Photographs; and, 5) Jurisdictional Map. This task includes time for Geographic Information Systems (01S) analysis associated with the delineation map. The delineation map will be a scale of 1"= 300' or greater and will consist of an aerial photograph. Drainages will be overlaid on the aerial photograph and each agency's jurisdiction will be identified by width and length. Task 2.3 Noise Study RBF's in-house Noise Technical Team would conduct a full noise study. which would include: Existing Conditions. :F will conduct a site visit throughout the project site. During the site visit. RBF will conduct short-term noise level measurements along the project area, Noise monitoring equipment will consist of a Briiel & Kjzer model 2250 sound level meter (SLM) equipped with ;rnel & Kjt-er pre- polaiizecl freefield microphone, The results of the noise measurements will be post -processed and graphically illustrated with the BrCiel & Kjxr Noise Explorer software. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 15 minutes at each location. Since traffic along State Route 79 is the primary source of noise at the project site, the noise measurements will be conducted in a manner consistent with the protocol set forth in Caltrans Traffic Noise Analysis Protocol Technical Noise Supplement. Construction -Related Noise and Vibration. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task. equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Linax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be based on the sensitivity of the area, Noise Ordinance specifications, and the Federal Transit Administration's vibration analysis guickuice, Operational Noise Sources. The proposed project is anticipated to generate vehicular traffic trips from future growth. On- and off-site noise impacts from vehicular traffic will be assessed using the LIS, Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108), The analysis will focus on noise impacts associated with the development of the proposed project. Model input data will include average daily traffic volumes, day night percentages of autos. medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths The 24-hour weighted Community Noise Equivalent Levels (CNEL) will he presented in a tabular format. If necessary, mitigation will be identified to ensure that on, site noise levels do not exceed the City's standards. Stationary source noise impacts (both impacting the proposed project and emanating from the project) will be addressed. Task 2.4 Air Quality/ Greenhouse Gas Assessment RBF's in-house Air Quality Technical Team will prepare a full Air Quality Greenhouse Gas Assessment which will include: Existing Conditions. The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), RBF will describe the meteorological conditions and discuss ambient air monitoring data collected at the nearest monitoiing station. A description of the regulatory framework relating to an quality (i.e.. California Clean Air Act, Air Quality Management Plan, etc,) will also be provided. Construction -Related Emissions. Construction emissions will be quantified with the C'alifornia Emissions Estimator Model (CalEEMod). The air pollutant emissions during construction will be compared to the SCAQMD Regional and Local Significance Thresholds (LST). RBF will also qualitatively discuss naturally occurring asbestos impacts. Operational Air Emissions„ :F will quantify operational emissions and compare the results to the SCAQMD regional thresholds of significance . The emissions will be quantitatively derived utilizing CalEEMod. Primary sources of emissions will be related to area sources and local regional vehicle miles traveled. Project consistency with the SC'AQMD's 2012 An Quality Management Plan for the South Coast Air Basin will be evaluated, Localized Emissions, Consistent with the SCAQMD environmental justice program and LST methodologies, F will identify impacts using SCAQMD's localized thresholds or the Ambient An Quality Standards to identify localized emissions impacts,. RBF will identify mitigation measures, if necessary, to reduce emissions to less than significant levels, Greenhouse Gas Emissions/Climate Change. will review the land use data and will prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide. methane. and carbon dioxide) from both direct (i.e,. area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). Construction related GHG emissions will also be quantified and evaluated. The emissions inventory will be quantified with C'alEEMod. The GHG reduction associated with the Project's design features will be quantified utilizing the California An Pollution Control Officers Association (CAPC'OA) methodology (Quantifying Greenhouse Gas Mitigation Measures — A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures [September 2010]). Task 2,5 Cultural Resolirces Asses. BCR C'onsulting (BCR) has been retained for the Cultural Resources Assessment for the proposed project. BCR would complete the following tasks in order to complete the cultural Resources Assessment: R 1 El The records search for archaeological and historical cultural resources will be conducted for the project site through the Eastern Information Center (EIC) located at the University of California. Riverside. The objective of this archival research will be to establish the status and extent of previous surveys and to note the types of resources that might be expected to occur within the project site boundaries, BCR Consulting field staff will perform a pedestrian cultural resources survey of the accessible project site at 15 -meter transect intervals. The goal of the field survey is to identify any prehistoric and historic archaeological. and. or historic architectural resources, and to produce or update the necessary site records. The current scope of work anticipates negative findings, If any cultural resources are revealed. a budget and schedule adjustment may be necessary, During this task. BCR Consulting will invite representatives of Pechanga Band of Mission Indians to participate in the field survey. and will coordinate scheduling as necessary, REPoRT A cultural resources report will be produced consistent with CEQA requirements, and based on Archaeology Resources Management and Reports (ARMR) guidelines from the California Office of Historic Preservation, The report will include a project description, cultural setting, methods, results, and recommendations sections, Relevant maps and photographs will be included in the report, and the. appropriate Department of Park and Recreation (DPR) 523 site forms will be appended to record any cultural resources discovered during Tasks 1 and 2. II ft k A k H\ ft ftftft ft ft '"ftft ftftft ft ftftr k ft II Oft , ftftftkft ft 'ftft ftft BCR Consulting will perform Native American Consultation assistance. as directed by the City of Temecula, During, this task. BCR Consulting will contact the Native American Heritage Conunission (NAHC) to request a Sacred Lands File (SLF) Search. and to request a list of Native American tribes and individuals to contact. BCR Consulting will contact all entities listed to discern whether any tribe or individual has knowledge of cultural resources within the project boundaries. During this task. BCR Consulting will send one letter to the NAHC and one mailing to each listed tribe and or individual (via regular certified mail or e-mail). Results of these communications and the SLF Search will be appended to the report, rft ft , ft r ft', )11 X) ftft ft I A ft , CR Consulting will request a paleontological overview paleontological records search of the project site from the San Bernardino C'ounty Museum The overview will consist of a thorough review of geological and paleontological maps and reports to reveal any known vertebrate fossil localities or sensitivity within or adjacent to the project site. Results and recommendations will be appended to the report. I; TASK 3M: FIRST ARMIN DRAFT IS (INITIAL STUDY) RBF will prepare an Administrative Draft Initial Study (IS) to determine if the Project will have a significant effect on the environment, using a City -approved CEQA checklist. The Admin Draft IS will contain a description of the Project, the Project location, and a description of the environmental setting of the proposed Project site. The Project Description section of the IS will detail the Project location, background and history,: characteristics, objectives, phasing, agreements, permits and approvals that would be required for the Project. Exhibits depicting the regional and site vicinity will be included in this section, The document will include a brief explanation of the significance determination, based on information obtained from the technical studies and from preliminary investigation into local, state and Federal plans, policies and regulations. This document will reflect site plans and any additional information gathered during Task 1 above. RBF will provide an IS checklist response for each topic, appropriately cited in the IS. For administrative record purposes, tF: will retain copies of referenced documents and will save a screen shot of any website utilized in the IS. RBF will submit one electronic copy and seven hard copies of the Admin Draft IS and associated technical studies for City review. TASK 4.0: 1...• II Administrative Dra... After receiving the City's comments on the Admin Draft IS. RBF will respond to one consolidated set of comments from the C'ity. Changes to the draft document will be highlighted or submitted to the City in MS Word -track changes" to assist the review. Once the requested edits have been made, 'IF will submit a revised Draft IS for City review approval. TASK 5.0: DRAFT INITIAL STUDY Mil 'NEGATIVE DECLARATION (JS/MND) It is assumed that the project will require a Mitigated Negative Declaration, In the event that an EIR will be required. once can be provided under a seperate scope and fee. Task 5.! Draft Initial Study/Mitigated Negative Declaration (IS AIND) RBF will use the revised Draft IS to prepare a final version of the IS MND with all comments from the City incorporated into the document, The Public Review IS MND will be a "clean" version, and all track changesInghlights from the previous version will be accepted/removed, This version will be circulated to the public for review„ F will consult with City staff to establish the public review period, public notification and agency filing requirements .for the IS/MND, F assumes that all filing and noticing fees will be paid by the City andlor Project Applicant. RBF can provide the Notice of Availability and Notice of Completion (NOC) to the State Clearinghouse along with copies of the IS MND on a Time and Materials basis if requested, Task 5.2 Final :ISAIND Upon conclusion of the public review period. RBF will prepare written responses to comments to relevant environmental issues, This task includes assisting in responding to IS MND comments received during the public review period. if any„ ;F will prepare thorough. reasoned. and appropriate responses to relevant environmental issues Upon completion of these Responses to Comments. they will be transmitted to the City for review. 1" ; F will respond to one consolidated set of City comments on the Responses to Continents document, Following review of these Draft Responses to Conunents. RBF will finalize the document and submit to the City, This Final ISMND document is assumed to contain the Draft IS MND, Responses to Comments. and Eirata, RBF will provide a 30 hard copies, as well as a digital copy, of the entire Final IS MND for the City files, in both MSWord and Adobe PDF formats, TASK 6.0: P PA l' MITIGATION MONITORING AND IRE 1 7IRTING PROG M RBF will prepare a Draft Mitigation Monitoring and Reporting Program (MMRP) that will be submitted to the City for review and approval, F will respond to one set of conunents on the Draft MM! The MMRP will be defined through working with the City staff to identify appropriate monitoring steps and procedures in order to provide a basis for monitoring such measures during and upon Project implementation, TASK 7.0: FINAL ISIMND 11 ; Mr, Kevin Thomas, CEP, will be responsible for management and supervision of the Project Team, as well as consultation with the City staff Mr, Thomas will imdertake consultation and coordination of the Project and review the 15 MND for compliance with CEQA requirements and guidelines and City CEQA procedures. As the CEQA Project Manager, Mr, Thomas will coordinate with all technical staff, consultants. support staff and word processing toward the timely completion of the IS MND m. assumes approximately four (4) hours of coordination time per month for a total of approximately forty (40) hours, Project Meetings RBF anticipates several meetings with City staff including a Project initiation meeting (Task 1.0), and progress meetings with City staff and other meetings deemed necessary by City staff, including meetings with the community or with public agencies. For budgeting purposes. RBF has assumed attendance at up to three (3) staff meetings (excluding Task 1,.0) with one F staff person in attendance at each, budgeted at eight hours per meeting to allow for preparation, attendance, and wrap-up. Should the City detennine that additional meetings or staff attendance is required: services will be provided under a separate scope of work on a time and materials basis, Project Hearings Mr. Thomas will represent the Project Team at public hearings and make presentations, as necessary,. For budgeting purposes. REF has assumed attendance at one public scoping meeting (Task 1,0). and three (3) additional public meetings by one senior staff member and one technical staffperson for each public meeting, budgeted at eight hours each to allow for meeting preparation, attendance, and wrap-up. Should. the Ciry determine that additional meetings attendance or attendance by technical specialists be necessary, services will be provided under a separate scope of work on a time and materials basis or billed against a recommended contingency. .AdministrUive Record RBF will assist City staff in maintaining the CEQA administrative record. RBF will maintain copies of all RBF work products and correspondence,. as well as all references cited in the CEQA document. For each public review notification or meeting. RBF will provide an affidavit of noticing, as well as a meeting attendance list and meeting summary. RBF will niaintain records for all public: noticing,. and will utilize certified mail or equivalent service to document delivery to all required parties including OPR and Responsible Agencies. TASK 8.0: .PROJECT MANAGEMENT, MEETINGS AND HEARINGS RBF will provide the City with additional administrative support services on a time and materials basis, with an initial budget of forty (40) hours. This budget is based on RBF reviewing draft resolutions and staff reports prepared by City staff, developing public meeting presentations, and assisting in coordinating. CEQA document comments from City departments, the applicant and stakeholders,. Optional Task I: Public Meeting RBF re:conune:nds a public outreach meeting prior to completion of the IS. This will allow 1" F and the City to identify relevant information and publicfstakeholder concerns, as well as focus the IS and associated technical studies on relevant issues. This early scoping will also provide an indication for the potential level of controversy, and can help to identify possible mitigation measures,. RBF will assist City staff in arranging the scoping meeting, will prepare a scoping meeting notice and associated noticing (radius mailing, interest list, and newspaper notice), This scoping will also be used to satisfy SB1S consultation requirements, RBF will prepare a powerpoint for the scoping meeting, appropriate handouts (a wall -sized graphic, sign -in sheet, continent cards), and will lead or assist in the meeting presentation as determined appropriate by the City, RBF will prepare a meeting stumnary report following completion of the scoping meeting., RBF recommends a separate, workshop -style meeting, just with the property owners of the affected area. Although property owners will also be notified of the scoping meeting, it may be advisable to gather the property owners in advance: of the public scoping meeting to get their input, explain the process, and in particular communicate how this CEQA process will benefit them should they pursue future entitlements, As with the scoping meeting. RBF will assist City staff in arranging the meeting, and will prepare and present the Project overview as determined appropriate by the City. Optional Task 2; 'Traffic Impact Technical Memo RBF reconunends the development of a technical memo identifying the traffic impacts associated with the proposed project. While a formal Traffic Impact analysis is not required for the project,. the development of a memo outlining the traffic imapacts associated with the project would further improve the defensibility of the document. Given the congested nature of the intersections in the vicinity of the Project site, this document would assist in the development of a comprehensive analysis of the traffic impacts within the Initial Study. Tin The following is a Preliminary Schedule which will be refined following the kick-off meeting. Draft Project Description Pr Hration City Review of Draft Project Description Week 3 Weeks 1-2 Technical Studies Weeks 3-7 Admin Draft IS Weeks 4-9 City Review/Revisions MND Process IS/MND Preparation 30 -day Public: Review Final IS/MND Hearings Weeks 10-13 Weeks 14-15 Weeks 16-20 Weeks 21-22 Weeks 23-26 EXHIBIT B Payment Rates and Schedule RBF has provided the following Cost Proposal on a fixed fee basis unless otherwise notcI. F suggest that. following Tasks 1 and 2. the scope of walk. budget and schedule be refined in consultation with City staff, after completion of the research, public scoping. teclmical studies and Draft IS. at which time the specific CEQA process will be determined along with more definitive input on key issues to be addressed. All tasks are a fixed fee budget. unless otherwise noted. Task 1.0: Project Scoping Task 1.1 — Site Visit/Kick-off $2,500 Task 1.2 — Research and investigation... $1,000 Task 13 — Refine Project Description, Goals and Alternatives . $2,000 Subtotal Task 1 $5,500 Task. 2: Technical Studies Task 2.1 —Biological Study $9,000 Task 2,2 — Delineation of Jurisdictional Waters $6,000 Task 23 —Noise Study $4,900 Task 14 — Air Quality/Greenhouse Gas Assessment $4,800 Task 15 Cultural Resources Assessment $3,800 Subtotal Task 2 $28,500 Task 3: Admin. Draft IS $12„000 Task 4: Revised Admin Draft IS. $3,000 Task 5: 15 MND Task 5,1 — Draft IS/MND. $2,000 Task 5.2 — Final IS/MND . $5,000 Subtotal Task 5.0. $7,000 Task 6: MM P $1,000 Task 7: Project Management, Meetings and Hearings $6,000 Optional Tasks Optional Task 1: Public Meeting $4,000 Optional Task 2: Traffic Technical Meino $2,500 Reimbursables (T & M Budget estimate) $2,500 Costs associated with reimbursable expenses, noticing, postage, document reproduction, and inileage are a time and materials estimate, which will be billed at cost of reimbursable expenses plus 15%, REIMBURSAILES / DELEVE BLES Costs associated with reimbursable exp ns, noticing, postage, document reproduction, and mileage have been estimated based on a percentage of the total fee. This is considered a time and materials estimate, which will be billed at cost of reimbursable expenses plus 15%. Additional copies of documents above the minimum number stated in this scope of work will be invoiced under the following per unit costs: Draft IS and Appendices - $150 Final IS MND (Responses to Comments and Errata) - 5120 CD copies of the Draft 15 MND and Final IS/MND - $6 Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: February 10, 2015 SUBJECT: Approve the Seventh Amendment to the Professional Engineering Services Agreement with RBF Consulting for Design of Interstate 15/State Route 79 South Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council: 1. Approve the Seventh Amendment to the Agreement for Professional Engineering Services with RBF Consulting for design of Interstate 15/State Route 79 South Ultimate Interchange, increasing the contingency amount by $100,000; 2. Increase the City Manager's authority to approve Extra Work Authorizations by $100,000. BACKGROUND: On December 16, 2008, the City Council approved the Agreement for the preparation of construction plans, specifications, and estimate (PS&E) for the project. Complex projects, such as this one, that involve coordination and consensus among multiple jurisdictions and private parties are dynamic. The ability to rapidly address scope of work revisions fosters a fast response to change. Approval of this Amendment will minimize delays by providing the City Manager the authority to address necessary increases in scope of work by an additional $100,000, which is above the previously authorized $585,260. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2015-19. Funding sources include CFD (Crowne Hill, Reimbursement/Other (Morgan Hill), SAFETEA-LU, Senate Bill 621, STP (Surface Transportation Program-RCTC), and TUMF (RCTC/CETAP, RCTC/Region, and WRCOG). The amount of the Agreement, as amended to date, is $3,269,060. With approval, the resulting Agreement amount will be $3,369,060. Adequate funds are available in the project design account 210-165-662-5802 to fund the increase of $100,000. ATTACHMENTS: 1. Seventh Amendment 2. Project Location 3. Project Description SEVENTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEER SERVICES BETWEEN THE CITY OF TEMECULA AND RBF CONSULTING PW04-08 INTERSTATE-15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE THIS SEVENTH AMENDMENT is made and entered into as of February 10, 2015 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, a company of Michael Baker Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On December 16, 2008, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," in the amount of $2,032,600, plus contingency in the amount of $203,260. b. On July 13, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to increase the contingency in the amount of $182,000. c. On April 5, 2011, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to add scope of work, extend the term of the agreement to December 16, 2011, and to increase the payment in the amount of $68,500. d. On December 16, 2011, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to extend the term of the agreement to June 30, 2013. e. On November 13, 2012, the City and Consultant entered into the Fourth Amendment to that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to add scope of work, extend the term of the agreement to June 30, 2014, and to increase the payment in the amount of $316,000. f. On August 27, 2013, the City and Consultant entered into the Fifth Amendment to that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to add scope of work extend the term of the agreement to June 30, 2015, and to increase the payment in the amount of $266,700. g. On October 22, 2013, the City and Consultant entered into the Sixth Amendment to that certain Agreement entitled "Agreement for Professional Engineer Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to increase the contingency in the amount of $200,000. h. The parties now desire to extend the term of the agreement to June 30, 2016, increase the contingency in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. 1 follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2016 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Seventh Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional work to be defined in Extra Work Authorization(s) for a total Agreement amount of Two Million Six Hundred Eighty -Three Thousand Eight Hundred Dollars ($2,683,800), plus Contingency in the amount of Six Hundred Eighty -Five Thousand Two Hundred Sixty Dollars ($685,260), for a total of Three Million Three Hundred Sixty -Nine Thousand Sixty Dollars ($3,369,060)." 4. Section 5 of the Agreement entitled "PAYMENT" at paragraph "c" is hereby amended to read as follows: "The City Manager may approve additional work up to Six Hundred Eighty -Five Thousand Two Hundred Sixty Dollars ($685,260) as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council." 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Steven B. Burick, Vice President ATTEST: By: By: Randi Johl-Olson, JD, MMC, City S. Robert Kallenbaugh, CEO Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT RBF Consulting Attn: Steven B. Burick, Vice President 14725 Alton Parkway (949) 855-5733 Office (949) 330-4130 Fax burick@rbf.com 3 Acting PM Ini Date: INTERSTATE -15 / HIGHWAY 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location 53 .19 Capital Improvement Program Fiscal Years 2015-19 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstate 15 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). Acquisition was completed during FY 2013-14, Construction is scheduled to start during FY 2014-15. Project Cost: Prior Years FYE 2014 2014-15 Actual Carryover Adopted 2015-16 Expenditures Budget Appropriation Projecbrrd 2016-17 Protected 2017.18 2018-19 Total Project Projected Projected Cost Administration Acquisition Construction Construction Engineering Design MSHCP $ 505.544 $13,031.881 $ 104.088 $ 3,540,002 $ 63.988 $ 187,260 $ 361,513 S 70.000 $ 191,000 $ 753,000 $ 104,000 514,141,244, $ 1,750,000, S 104,000 $11,612,202 $ 1,750,000 $2,508,311 $ 847,532 513,219.141 528,365.845 $ 3,500,000 $ 4,092,515 $ 753,000 Totals $17,181,515 $ 612,761 51.014,000 515,995.244 $13.466.202 52,508,311 $ - 550,778,033 Source of Funds: Prior Years Actual Expenditures FYE 2014 2014-15 Carryover Adopted Budget Appropriation 2015-16 Projected 2016-17 Projected 2017-18 2018-19 Total Project Projected Projected Cost CFD iCrowne Hill Reimbursement/ OiherworganHdil $ 502,211 $ 1,190,582 t $ 502.211 $ 1,190,582 SAFETEA-LU $ 1.600,000 $ 1,600,000 Senate Bill 621 $ 9,636,722 $ 612,761 $ 1,014,000 $ 3,236,503 $14,499,986 STP (Surface Transportation Prograrn-RCTc)"' $ 7,158,741 $ 5.817.359 $ 12,976,100 TJ 1F 1RCTcacETAPc $ 4.452.000 $ 4,452,000 TLMF (RCTC/Region}" 5 1,400,000 $ 4,000,000 $ 5.400,000 TUMF!wRcoc)" . $ 7,648,843 52,508,311 $10,157,154 Total Funding: $ 17,181,515 $ 612,761 $ 1.014 000 515,995,244 $13,466,202 52,508,311 $ - 550,778,033 Future Operation & Maintenance Costs: 2014-15 2015-16 $ 6,120 2016-17 2017-18 2018-19 $ 6.2421 5 6.367 $ 6.495 (1) Surface Transportation Program(STP) per RCTC call for Projects as approved by the Commission on January 8. 2014)$12.976.100.) (2) TIM (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000) (3) IMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400.000:$1,400.000 ROW:$4.000.000 CON). (4)TUhf WRCOG 2014 Southwest Zone 5 -Year Transportation Improvement Program (TP) adopted on January 6. 2014 ($10,157.154). 54 Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: February 10, 2015 SUBJECT: Award a Construction Contract to LDCO, Inc. for the Fire Station 73 Living Quarters Upgrade, PW13-07 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the City Council: 1. Consent to relieve Cal City Construction, Inc. of its bid submitted for the Fire Station 73 Living Quarters Upgrade; 2. Appropriate an additional $200,000 from the Unassigned Fund Balance in the General Fund to the project; 3. Award the Construction Contract to LDCO, Inc., in the amount of $1,265,710, for the Fire Station 73 Living Quarters Upgrade, PW13-07; 4. Authorize the City Manager to approve change orders not to exceed the contingency amount of $126,571, which is equal to 10% of the total contract amount; 5. Make a finding that the Fire Station 73 Living Quarters Upgrade is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On October 28, 2014, the City Council approved the plans and specifications for the Fire Station 73 Living Quarters Upgrade and authorized staff to solicit construction bids. The purpose of this project is to renovate the existing Fire Station and add approximately 1,500 square feet of living quarters and shower rooms. The interior of the existing station will be remodeled and receive new energy efficient mechanical and electrical systems. The exterior of the existing structure will receive a new roof and new architectural features. The landscape will be replaced with sustainable plant material, as well as new high efficiency irrigation systems. A new security gate and security fencing will also be installed. On January 14, 2015, a total of 14 bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Base Bid 1. Cal City Construction, Inc. (seeking relief) $1,166,782.50 2. LDCO, Inc. $1,265,710.00 3. Optima RPM $1,452,325.00 4. Dalke and Sons Construction, Inc. $1,648,479.75 5. Hamel Contracting, Inc. $1,663,045.00 6. California Averland Construction, Inc. $1,705,650.00 7. Reed Family Enterprises, Inc. $1,742,100.00 8. KEMCORP Construction, Inc. $1,795,000.00 9. Harik Construction, Inc. $1,824,999.75 10. AMG & Associates, Inc. $1,852,725.00 11. A.J. Fistes Corporation $1,865,815.00 12. CALTEC Corporation $1,896,290.00 13. Horizon Construction Co. International, $1,910,415.00 14. NEI Contracting and Engineering, Inc. $2,068,246.00 Although Cal City Construction, Inc. appeared to be the lowest responsible bidder they made an input (i.e., clerical) error on PlanetBids resulting in their official bid being recorded as $1,166,782, when their intention was to submit a bid in the amount of $1,700,000. Cal City has informed the City that they were practicing inputting the bid electronically and when they attempted to delete the practice number they used for the bid amount and input the actual bid, the system did not allow them to make the change. Even though the electronic bid reflected the low bid amount, the proposal sheet uploaded into PlanetBids by Cal City Construction, Inc. did reflect their intended bid of $1,700,000. Public Contract Code (PCC) Section 5103 allows a public entity to relief a contractor of his bid if they provide a written notice within five working days, excluding Saturdays, Sundays, and State holidays, after the opening of bids of the mistake specifying in the notice in detail how the mistake occurred. Cal City Construction informed the City of the mistake verbally and through the attached e-mail the day of the bid opening. They also sent the City the attached letter dated January 22, 2015. The e-mail they sent the day of the bid opening and the letter meets the five- day requirement of PPC Section 5103 if we put into account Saturday, Sunday and the Martin Luther King Jr holiday. Due to the foregoing and in accordance with PCC 5103, staff recommends reliving Cal City Construction of their bid. After relieving Cal City Construction, Inc., LDCO, Inc. is the lowest responsible bidder. LDCO, Inc. has completed the Temecula Community Center Project and their references all reported very good to excellent results on past work. The Engineer's estimate for the project was $1,190,000. LDCO's bid was $1,265,710 and with the addition of a 10% contingency of $126,571, the total required allocation for the construction contract will be $1,392,281. This results in the need for an additional appropriation of $200,000. The specifications allow for construction duration of 180 working days or approximately nine months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves, and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Temecula Community Center Renovation project involves renovation of an existing building and improvments to an existing developed parcel and, therefore, it is exempt from MSHCP fees. FISCAL IMPACT: The Fire Station 73 Living Quarters Upgrade is identified in the City's Capital Improvement Program, Fiscal Years 2015-19, and is funded with Development Impact Fees (DIF) Fire and Police Facilities. With the additional appropriation of $200,000 from the Unassigned Fund Balance in the General Fund, there are adequate funds to complete the project as awarded. The total construction costs consist of the construction contract award amount of $1,265,710, and the 10% contingency of $126,571, for a total obligation of $1,392,281. ATTACHMENTS: 1. Contract with LDCO, Inc. 2. Cal City E-mail Requesting Relieve of Bid 3. Cal City Letter Requesting Relieve of Bid 4. Project Location 5. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for FIRE STATION 73 LIVING QUARTERS UPGRADE PROJECT NO. PW13-07 THIS CONTRACT, made and entered into the 10th day of February, 2015, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and LDCO, Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled FIRE STATION 73 LIVING QUARTERS UPGRADE, PROJECT NO. PW13-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for FIRE STATION 73 LIVING QUARTERS UPGRADE, PROJECT NO. PW13-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for FIRE STATION 73 LIVING QUARTERS UPGRADE, PROJECT NO. PW13-07. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: FIRE STATION 73 LIVING QUARTERS UPGRADE, PROJECT NO. PW13-07 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILION TWO HUNDRED SIXTY FIVE THOUSAND SEVEN HUNDRED TEN DOLLARS ($1,265,710), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 180 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. B. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95 percent of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7 LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within Thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. The Contractor shall defend and indemnify (including the appointment of competent defense counsel) the City from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the Contractor. 12. GRATUITIES. Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor/Consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Thomas W. Garcia, PE Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: LDCO, Inc. 3180 University Ave., Suite #430 San Diego, CA 92104 (619) 297-2918 luanAldcosandiego.com By: Luan Dauti, President By: Harji Dauti, Secretary DATED: CITY OF TEMECULA ATTEST: Randi Johl-Olson, JD, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Jeff Comerchero, Mayor Acting PM Initials: Date: Amer Attar From: James Lim <JLim@cal-city.com> Sent: Wednesday, January 14, 2015 1:45 PM To: Bill McAteer Cc: Woo Lim Subject: Fire Station 73 - Living Quarters Upgrade (Cal -City bid) Mr. Bill. McAteer: Pursuant to our conversation this morning, I am writing this email to explain that we were not able to change line item #1 before the bid time, however the scanned bid document was uploaded before the bid time. As you can see in the uploaded bid document, the Total Amount of Base Bid should be $1,700,000.00. Please relieve our bid so that it reflects the Total Amount of Base Bid written on the scanned bid document. Should you have any further questions feel free to contact me at my number below. Thank you. Respectfully, James Lim Cal -City Construction, Inc. 562-404-4820 562-404-4830 1 CALCITY C 0 N 5 T FE T 1 0 N January 22, 2015 Attn. Bill McAteer City of Temecula Department of Public Works 41000 Main Street Bill.Mcateer(cityoltemecula.org Re: Firc Station 73 Living Quarters Upgrade Project No. PW13-07 Dear Mr. McAteer: Due to clerical mistake in filling out Lin.e Item #1 on the hicl :form provided in the Planetbids website, we'd like to request our hid for the above project to be withdrawn. Please disregard our bid proposal for this project submitted on January 14, 2015. Should you have any question or need more information on our withdrawal.st, please contact us at 562-404-4820. Thank you. Sincerely yours, Woo S. Lim/President Cal -City Construction 16605 Norwalk Blvd. Cerritos, CA 90703 FIRE STATION 73 LIVING QUARTERS UPGRADE Infrastructure / Other Project Location Feet Aerial Data - March 2010 0 100 200 400 100 aqr Capital Improvement Program Fiscal Years 2015-19 FIRE STATION 73 LIVING QUARTERS UPGRADE Infrastructure / Other Project Project Description: This project Increases living. sleeping, and bathroom space to properly accommodate the number of staff working and living at the facility This project will be phased as to not interrupt functionality of the current station The Furniture, Fixtures and Equipment (FF&E) Includes station Furnishings. camera system infrastructure access control Public Wi-Fi and other Identified Information Technology needs Benefit / Core Value: This project provides a health and safety benefit For the large number of personnel assigned to Fire Station 73 In addition. this project satisfies the City's Core Value of A Safe and Prepared Community Project Status: The design and construction for this project will be completed in FY 2014-15 An advance from the General Fund is required to complete this project The General Fund will be repaid from Develop- ment Impact Fees (DIF) Fire as funding becomes available Department: Fire—Account No 210 165 757 Level: I Project Cost: Pnor Years FYE 2014 2014-15 Actual Carryover Adopted 2015-16 Expenditures Budget Appropriation Projected 2016-17 2017-18 2018-19 Total Project Projected Protected Projected Cost Administration $ 6 078 I $ 23,922 $ 190,0001 $ 1 485 00C $ 1 635,000 $ 220.000 Construction $1 200,000 $ 2,000 Total Funding: , $1,200,000 Construction $ 1 487 000 I, $ - i $ - $ - 1 $ - $ 1,637,000 Engineering $ 50.000 $ 50,000 Design $ 10 800 $ 109.200 $ 30.000 $ 150,000 F 1 ures'Furn/Equlp $ 17.000 $ 17.000 Totals $ 16.878 $ 133.122 $ 1 487 000 r $ - $ - _ $ - __ $ - $ 1,637,000 Source of Funds: Prior Years FYE2014 2014-15 Actual Carryover Adopted 2015.16 Expenditures Budget Appropnation Projected 2016.17 2017.18 2018-19 Total Project Projected Pro Gtvd Protected Cost DIF IF,re1 5 16 878 $ 133,122 $ 1 485 00C $ 1 635,000 DIF IPdice ac.Iineo, $ 2 000 , $ 2,000 Total Funding: $ 16,878 $ 133,122 $ 1 487 000 I, $ - i $ - $ - 1 $ - $ 1,637,000 Future Operation & Maintenance Costs; 2014-15 2015-16 2016.17 2017-18 2018.19 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: February 10, 2015 SUBJECT: Accept Improvements and Notice of Completion for the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a three-year Maintenance Bond in the amount of 10% of the final contract amount; 3. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On July 22, 2014, the City Council awarded a construction contract to American Asphalt South, Inc., in the amount of $920,852.48, to complete the Citywide Slurry Seal Fiscal Year 2014-15, PW14-06. The project consisted of cleaning and crack sealing the existing roadway surface, applying slurry, and restoring pavement delineation on various streets within portions of the Vintage Hills, Rancho Highlands, Vail Ranch and Redhawk neighborhoods. Slurry was used to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of three years from September 26, 2014, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The Citywide Slurry Seal Fiscal Year 2014-15, PW14-06, is funded by the Measure A Fund in the Operating Budget. The base amount of the construction contract was $920,852.48, approved contract change orders totaled $110,591.20, which results in a total project cost of $1,031,443.68. FISCAL IMPACT: The acceptance of the project, filing and recording the Notice of completion has no fiscal impact to the City. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc., 14436 Santa Ana Avenue, Fontana, California 92337 to perform the following work of improvement: CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15 Project No. PW14-06 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 10, 2015. That upon said contract The Guarantee Company of North America USA was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15 Project No. PW14-06 6. The location of said property is: Various Streets Citywide, Temecula, California. Dated at Temecula, California, this 10th day of February, 2015. City of Temecula Randi Johl-Olson, JD, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10th day of February, 2015. City of Temecula Randi Johl-Olson, JD, MMC City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 12111068 MAINTENANCE BOND for CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15 PROJECT NO. PW14-06 KNOW ALL PERSONS BY THESE PRESENT THAT American Asphalt South, Inc. 14436 Santa Ana Avenue, Fontana, CA 92337_ �... NAME AND ADDRESS OF CONTRACTOR corporation. (hereinafter called "Principal"), and (fill in whether a Corporation,_hip Partners, or Individual) The Guarantee Company of North America USA One Towne Sauare Suite 1470 Southfield MI 48076 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of One Hundred and Four Thousand Nine Hundred and Forty Four DOLLARS AND Thirty Seven CENTS ($104 944.37-- ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 22"d day of July , 2014, a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PROJECT NO. PW14-06. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of three years after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 26"' day of September , 2014. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within three years from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void, MAINTENANCE BOND Me m CC0.003 Revised 3 Yr Maintenance Bond As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be Included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 3 day of December ((Seal) SURETY: By: PRINCIPAL: By: (Narne)Attorn( D Nan'. ev-in-Fact C P3.skie►1 (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney 2014. (Title) By: N'atrrle) Secy(Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MBR -2 CCO-003 Revised 3 Yr Maintenance Bond Stf3to of California County of On q„.)0) Li before me, Daie personally appeared e- JERI MARIE GRANT comm. # 2031882 2. NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires June 30, 2017 ss. C.0 C Name and The & °dim (e g -Jane Doe, Notary Podr.) Ckna n Narne(s) fiqr,t, 140 Ul–proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) eare subscribed to the within instrument and acknowledged lo me that kSie/they executed the same in h4s/141itheir authorized capacity(ies), and that by b.ifsIllel/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument. hand an, official seal. r,401,01e 141 l& 14 OPTIONAL ---, Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: , D Individual Lit Corporate Officer — Title(s): D Partner — D Limited D General O Altorney-in-Fact O Trustee O Guardian or Conservator • Ofher: Signer Is Representing:: Number of Pages: ee 6999 Nalional 41/41.ry Association 9350 De Solo Ave ,00 Box 2402 - Chalswert. CA 01313-2402 veww,nalionalnolary erg oft, oho . Top ol Ihrolb here Pawl We. 5907 Recede. Ca0 30140re e 1-000-976-0920 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte on December 3, 2014 before me, Derek Gould, Notary Public (Here insert name and title of the officer personally appeared Elizabeth Collodi who proved to me on the basis of satisfactory evidence to be the person(6) whose name(6) is/ffe subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in hie/herAkeir authorized capacity(ies), and that by 146/her/their signature(6) on the instrument the person( -6), or the entity upon behalf of which the person(6) 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. WITNEofficial Signature pi Notary Nub ic (Notary Seal) DEREK GOULD COMM. # 2060914 > NOTARY PUBLIC CALIFORNIA c7,3 COUNTY OF BUTTE I\ Comm. Expires MAR. 13, 2018 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document, The only exception is ifa document is to be recorded outside of Califbrnia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required DESCRIPTION OF THE ATTACHED DOCUMENT Maintenance Bond (Title 01 description of attached document) American Asphalt South, Inc. (Title or description of attached document continued) Number of Pages 2 Document Date 12/03/14 The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER ▪ Individual (s) ▪ Corporate Officer aloe) • Partner(s) I=1 Attorney -in -Fact 0 Trustee(s) O Other • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, • Indicate the correct singular or plural forms by crossing off incorrect forms (i,e, heishetthey, is/ar-e-) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines, If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk, *,- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, *„- Indicate title or type of attached document, number of pages and date, *,- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) Securely attach this document to the signed document 2008 Version CAPA 02 10 07 800-873-9865 www NotaryClasses com GUARANTEE The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas lnterwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO County of Oakland Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. ,utA�� Q. --ra_i_e,L I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3 day of December , 2014 Randall Musselman, Secretary CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15 PROJECT NO. PW14-06 This is to certify that ,4 erJ 4O 14,b# ✓ i,7 _z; (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/sheet has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as CITYWIDE SLURRY SEAL FISCAL YEAR 2014-15, PROJECT NO. PW14-06, situated in the City of Temecula, State of California, more particularly described as follows: Cr aiII S/any Se7 / 4.ra,/later /a// z. 464/.4 /!i//4 -D( DRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated: t# �4� By: RELEASE CONTRACTOR: Siglure ‘76W4. 441 M.ee ,rerk/e07L Print Name an Title R•a Item No. 12 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tom Garcia, Director of Public Works/City Engineer DATE: February 10, 2015 SUBJECT: Approve Payment to Riverside County Flood Control District (RCFCD) of the City of Temecula's Share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2014-15 PREPARED BY: Mayra De La Torre, Senior Engineer Aldo Licitra, Associate Engineer RECOMMENDATION: Approve payment to Riverside County Flood Control District (RCFCD) in the amount of $500,523.76, which is the City of Temecula's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMW). BACKGROUND: On January 10, 2012, the City executed the Implementation Agreement with RCFCD, our principal permittee, to comply with the SMW National Pollutant Discharge Elimination System (NPDES) Permit adopted by the San Diego Regional Water Quality Control Board (Order No. R9-2010-0016). This Agreement establishes proportional cost shares for each permittee, based on a cost-sharing formula, to administer the Agreement including the management of regional components of the City's NPDES Municipal Separate Storm Sewer System Permit. The regional components of the Order covered by the Agreement include water sampling programs, special studies, training programs for staff and the development community, watershed annual reports, receiving waters monitoring reports, a Standard Stormwater Mitigation Plan, a Hydromodification Plan, a Jurisdictional Runoff Management Plan, public education/outreach programs, and reports of waste discharge. On January 5, 2015, RCFCD, administrator of the Implementation Agreement, sent the City a letter and invoice requesting payment for the City's portion of the costs associated with the Agreement. Based on the Agreement's established cost-sharing formula, the City's cost is $500,523.76 for Fiscal Year 2014-15. FISCAL IMPACT: The City's share of the Implementation Agreement costs for Fiscal Year 2014-15 has been budgeted in account number 001-164-605-5321. ATTACHMENTS: 1. Letter dated January 5, 2015 from RCFCD 2. Invoice for Fiscal Year 2014-15 from RCFCD 3 Implementation Agreement WARREN D. WILLIAMS General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT January 22, 2014 Mr. Aaron Adams, City Manager City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 Attention: Aldo Licitra Dear Mr. Adams: 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org Re: FY 2014-15 Cost -Sharing Reimbursement Regional Costs for Santa Margarita NPDES Municipal Stormwater Permit In compliance with the Santa Margarita River Watershed NPDES Permit adopted by the San Diego Regional Water Quality Control Board on November 10, 2011 as Order No. R9-2010-0016 (NPDES No. CAS0108766) and in accordance with the Implementation Agreement (IA) adopted by the County, District, and Cities of Murrieta, Temecula, and Wildomar (Permittees) on January 19, 2012, a cost-sharing provision between the Permittees was established. Per the IA, Item 3 "Shared Costs" provides for annual cost-sharing of estimated regional program costs ("Estimated Costs"), with the "Combined Contribution" from the County and Cities not to exceed $2,200,000 annually. The District has determined the "Estimated Costs" for the period of July 2014 through June 2015 to be $2,265,420.00 with a "Combined Contribution" total of $1,402,679.44 after calculation of prior year credits and/or debits. Per the calculations and the attached invoice, your Agency's contribution is $500,523.76. Therefore, please remit $500,523.76 as payment for the full amount and mail to the following address. Please note that payment is due within 60 days of receipt of invoice. S1,402,679.44 after calculation of prior year credits and/or debits Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, CA 92501-1770 Attention: Accounts Receivable Re: FY 2014-15 Cost -Sharing Reimbursement Regional Program Costs for Santa Margarita NPDES Permit The District appreciates your continued cooperation with this important program. If you have any questions concerning this matter, please feel free to call Jason Uhley at 951.955 273 or David Garcia at 99,;1 ' 5.1330. Attachments: Table and Invoice Very truly WARREN D. WILLIAMS General Manager -Chief Engineer ec: Santa Margarita NPDES Permit Representatives (via e-mail) JU:cw P8/1665452 County of Riverside INVOICE Page: Invoice No: Invoice Date: Customer Number: Payment Terms: Due Date: Contact Person: Inquiry Number: CITY OF TEMECULA P.O. BOX 9033 TEMECULA CA 92589-9033 For billing quastions, please call 951-955-1245 Line Adj Identifier Description Quantity UOM 1 FC0000014749 12/22/2014 FC -000576 30 Days 01/21/2015 Flood Control Accounts Receiva 951-955-1245 Unit Amt Net Amount FY14/15 COST SHARING 1.0000 EA CUSTOMER NOTE: CONSULTANT SERVICES FOR SANTA MARGARITA NPOES MUNICIPAL STORMNATER PERMIT 679-59922 / 8-9-00980 SUBTOTAL: 500,523.76 500,523.76 500,523.76 TOTAL AMOUNT DUE : 500,523.76 Please Remit To: County of Riverside Flood Control Accounting 1995 Market St Riverside CA 92501 United States ATTN: FC -NR STANDARD Invoice No: Invoice Date: Customer Number: AMOUNT DUE: Enclosed: FC0000014749 12/22/2014 FC -000576 500,523.76 Original SANTA MARGARITA RIVER WATERSHED CO -PERMITTEE COST-SHARING FOR REGIONAL NPDES PROGRAM COSTS FISCAL YEAR 2014-2015 AGENCY FY 2014115 County -117/3-,611.45 Murrieta $4.49.R19.26 Temecula $500,523.76 Wildomar $146,725.00 Totals: $1,402,679.44 2 3 4 AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement San Diego Region (Santa Margarita Drainage Area) P8/141799 6" This Implementation Agreement ("Agreement"), entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (the "DISTRICT"), the COUNTY OF RIVERSIDE (the "COUNTY"), and the CITIES OF 8 MURRIETA, TEMECULA and WIL,DOMAR (the "CITIES"), collectively referred to as "COPERMITTEES" and sometimes also referred to as "Parties", individually each as "Party", 10 11 establishes the responsibilities of each Party concerning the implementation of and compliance 12 with the National Pollutant Discharge Elimination System ("NPDES") Municipal Separate Storm 13 Sewer System ("MS4") Discharge Permit issued by the California Regional Water Quality 14 Control Board — San Diego Region (CRWQCB-SDR) pursuant to Order No. R9-2010-0016 (the 15 "NPDES Permit"). 16 RECITALS 17 WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water 18 Act ("CWA") (33 U.S.C.§1342(p)); and 19 WI-IEREAS, Section 402(p) of the CWA requires certain municipalities to obtain 20 ',, NPDES Permits in order to discharge stormwater from MS4s to waters of the United States; and 21 WHEREAS, Section 402(p) of the CWA requires operators of certain industrial 22 facilities to obtain NPDES permits for stormwater discharges associated with designated 23 industrial activities, including construction activities; and 24 WHEREAS, Section 402(p) further requires the United States Environmental 25 Protection Agency ("EPA") to promulgate regulations for NPDES permit applications; and 26 WHEREAS, EPA adopted such regulations in November 1990; and 27 WHEREAS, EPA delegated authority to the California State Water Resources 28 Control Board ("SWRCB") to administer the NPDES permit process within the boundaries of the State of California; and -1- 1 2 4 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 I' 28 P8/141799 WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to the California Regional Water Quality Control Boards to administer the NPDES permit process within the boundaries of their respective regions; and WHEREAS, the jurisdiction of the CRWQCB-SDR includes that portion of Riverside County known as the Santa Margarita Region; and WI-IEREAS, DISTRICT was created to provide for, among other things, the control of flood and stormwaters within the Countyof Riverside and is empowered znpowc,ced to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and stormwaters; and WHEREAS, on January 15, 2009, DISTRICT, COUNTY and CITIES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES permit (Order No. R9-2004-001) which expired on July 14, 2009; and WHEREAS, on November 10, 2010, the CRWQCB-SDR adopted Order No. R9- 2010-0016 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the California Water Code and as an NPDES permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit meets or exceeds the requirements of Section 402(p)(3)(B) of the CWA; and WHEREAS, the NPDES Permit designates the DISTRICT, COUNTY and CITIES as COPERMITTEES; and WHEREAS, the NPDES Permit requires designation of a "Principal Copermittee", and DISTRICT, COUNTY and CITIES have agreed that DISTRICT will serve as Principal Copermittee for the term of the NPDES Permit; and WHEREAS, the Parties believe that cooperation between COPERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of COPERMITTEES; and WHEREAS, the NPDES Permit provides that the COPERMITTEES collaborate -2,- 2 3 7 10 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1'8/141799 in the development and implementation of various requirements of the NPDES Permit; and WHEREAS, DISTRICT is willing to utilize its staff to coordinate the activities of COPERMITTEES to facilitate compliance with the NPDES Permit and CWA requirements; and WHEREAS, DISTRICT established the Santa Margarita Watershed Benefit Assessment Area (the "BENEFIT ASSESSMENT") pursuant to District Ordinance 14 on May 14, 1991 to offset the DISTRICT'S program and administrative costs associated with the development, implementation and management of the Federally -mandated NPDES Program and DISTRICT is willing to use BENEFIT ASSESSMENT funds to support the D1STRICT's role as Principal Permittee and to support regional program costs to the extent that BENEFIT ASSESSMENT funds are available and can be used for regional programs; and WHEREAS, COPERMITTEES are to perform and/or execute certain activities prescribed in the NPDES Permit that will benefit all COPERMITTEES. NOW, THEREFORE, the Parties do mutually agree as follows: 1. Incorporation of the NPDES Permit. The NPDES Permit is hereby incorporated by reference in its entirety and made a part of this Agreement as Exhibit "A" 2. Delegation of Responsibilities. The responsibilities of each of the COPERMITTEES under the NPDES Permit are reiterated below in subsections 2.a. and 2.b. Additional delegated responsibilities of the Parties under this Agreement to implement and/or comply with the NPDES Permit are set forth below in subsections 2.c. through 2.h.: a. DISTRICT' shall: (1) Comply with Section M (Principal Copermittee Responsibilities), including coordinating the development of updates and reports on programs required under the NPDES Permit that are jointly required of each COPERMITTEE, including the Watershed Water Quality Workplan ("Watershed Workplan"), Standard Storm Water Mitigation Plan ("SS MP"), Iiydromodification Management Plan ("HMP"), a model Jurisdictional Runoff -3- P8/141799 Management Plan ("J RMP"), the Receiving Waters and MS4 Discharge Monitoring and Reporting Program No. R9-2010-0016, and any other reports prepared by the DISTRICT on behalf of the COPIRMfI"FEES as required by Sections K.1 and K.2 of the NPDES Permit. DIS"IRICT will provide COUNTY and CITIL S an opportunity to participate in the development and review of, and comment on, such programs, plans and reports prior to submittal to the CRWQ03-SDR. (2) Comply with Sections A through P (Prohibitions and Receiving Water Limitations, Non-Stormwater Discharges, Non-Stormwater Dry Weather Action Levels, Storm water Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, 'notal Maximum Daily Loads ("TMDLs"), Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Requirements and Notifications, Provisions, Reporting as well as Additional Provisions, respectively), as they pertain to pollutant discharges from DISTRICT owned and operated MS4 which are generated directly from or by DISTRICT facilities and operations, at no cost to COUNTY and CITIES. b. COUNTY and CI`T'IES, at no cost to DISTRICT, shall, for land area within their individual jurisdictions: (1) Comply with Sections A through P (Prohibitions and Receiving Water Limitations, Non-Stormwater Discharges, -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Non-Stormwater Dry Weather Action Levels, Stormwater Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, TMDLs, Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Provisions, Reporting Requirements and Notifications, as well as Additional Provisions, respectively), as they pertain to pollutant discharges from COUNTY/CITY owned and operated MS4, which are generated by jurisdictional land uses, facilities, and operations of the respective COUNTY and CITIES. (2) Demonstrate compliance with NPDES Permit requirements through timely implementation of the JRMPs; any. COPERMITTEE-specific elements of the Watershed Workplan and Monitoring and Reporting Program; and any approved modifications, revisions or amendments thereto. (3) Provide to DISTRICT (on DISTRICT -provided forms) information needed to satisfy the reporting requirements as described in Sections G, N, and Provision III of Attachment E, or to respond to information requests from the CRWQCB-SDR. COUNTY and CITIES shall specifically: (a) Submit data necessary to prepare updates to the Watershed Workplan to the DISTRICT no later than August 31'1 of each year. (b) Submit any monitoring and sampling data individually collected pursuant to the MS4 Permit, to the DISTRICT at Ieast quarterly as necessary for 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /'8/141799 DISTRICT to track and prepare reports under the Monitoring and Reporting Program. All applicable monitoring and sampling data individually collected within each fiscal year must be received by DISTRICT no later than August 1511i of each year, for inclusion in the monitoring annual report that will be prepared and submitted by the District, pursuant to Section 2.c. herein. (c) Provide one completed bound hard copy, and two electronic copies (PDF preferred) on CD or DVD, of the completed JRMP annual report to the DISTRICT no later than October 15th of each year. (d) Provide information on existing MS4 facilities, "major outfalls" (as defined in the NPDES Permit) and/or other data as it pertains to facilities of the COUNTY or CITIES when requested by DISTRICT. c. Public Education Program. On behalf of COPERMIT PEES, DISTRICT shall conduct public education activities on a regional basis that focus on reducing pollution of urban runoff within the Santa Margarita Region, including, as appropriate, developing and disseminating broadcast, online and/or print outreach and advertising, developing brochures, and attending public events. DISTRICT shall also develop and implement mechanisms to determine the effectiveness of the regional public education program. The COUNTY and CITIES shall be individually responsible for developing and implementing any supplemental public education programs that may be necessary to target -6- 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11/141799 individual communities or stakeholders within their respective jurisdictions, pursuant to Section F.6. of the NPDES Permit. d, COPERMITTEEi Training Program. On behalf of COPERMITTEES, and as requested by the COPERMITTEES, DISTRICT shall develop and conduct regional training sessions for COPERMITI'EE personnel, covering the aspects of the programs developed by DISTRICT pursuant to Section 2.a.(1) of this AGREEMENT that are regionally uniform among COPERMITTEES. The COUNTY and CITIES shall be individually responsible for developing and implementing and reporting upon any supplemental training that may be necessary to ensure that their personnel are trained adequately regarding local policies and procedures for implementing the requirements of the NPDES Permit, pursuant to section F.6. of the NPDES Permit. e. Monitoring Program. On behalf of the COPERMITTEES, DISTRICT shall perforce sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program ("MRP"), Attachment E Provisions II.A and II.D-11.F, and prepare and submit Monitoring Reports in accordance with Provision III of Attachment E. The location of the sampling sites shall be determined by COPERMITTEES, subject to approval by CRWQCB-SDR. For Provision 11.13. and 11.0 of the MRP, DISTRICT will coordinate with COPERMITTEES in developing a plan for identifying the list of outfalls to be sampled each year in accordance with the NPDES Permit, and COPERMITTEES shall be individually responsible for conducting outfall sampling, source identifications, and enforcement as necessary for their outfalls. The COPERMITT'IES -7- 4 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/1417X1 may, subject to Section 3 herein, request the DISTRICT to conduct the initial outfall sampling required in Provisions II.B. and II.C. on behalf of the COPERMITTEIS, however, all source identifications (including any follow-up sampling) and enforcement that may be required will remain the individual responsibility of the respective COPERMITTEIS. The DISTRICT shall also enter into a contract with a local lab to provide analysis of water quality samples collected under the MRP. The contract shall be used strictly for water quality samples collected to comply with Provision 11 of the MRP. DISTRICT shall prepare and submit Monitoring Reports, as required by Provision I11 of Attachment E, based on data collected by the DISTRICT on behalf of the COPERMITTEES, and data provided to the DISTRICT by the COPERMITTEES in accordance with Section 2.b.(3)(b) of this Agreement. f. Consultant Services. In the event DISTRICT requires the services of a consultant(s) to assist in performing duties conducted on behalf of the COPERMITTEES pursuant to Section 2 of this Agreement, the cost of said consultant(s) services shall be shared by COPERMITTEES in accordance with the cost sharing provisions set forth in Section 3 of this Agreement. COUNTY and CITIES shall be notified in writing of DISTRICTS request for proposals from one or more consultants, selection of a consultant, consultant's fee, contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. All consultant agreements are contingent upon the consulting firm's ability to meet DISTRICT standards and requirements, and where applicable approval by the DISTRICT'S g. /'8/141799 Board of Supervisors. Support for Regional Programs. The COPERMTI'TEES shall jointly provide funding for certain regional efforts that benefit the Santa Margarita Region, including but not limited to: County Environmental Health's Compliance Assistance Program; the County Fire Department's Hazardous Materials Team; County Environmental I-Iealth's household Hazardous Waste and Antifreeze, Batteries, Oil and Paint collection program; the DISTRICT'S membership with the California Stormwater Quality Association on behalf of COPERMITTEES; the DISTRICT'S administration of Principal Permittee duties, and other NPDES support activities as described in this Agreement, or as needed and agreed to by the COPERMITTEES. Where these programs are implemented countywide in support of other NPDES permit regions, the DISTRICT shall estimate the portion of the total cost of these regional programs that benefits the Santa Margarita Region. 11. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit, and to prevent pollutants originating from within their respective jurisdictions from being discharged into the jurisdiction of another Party in a manner which could cause that Party to violate the NPDES Permit. This includes the exercise of police powers and land use controls and the enforcement of ordinances that COUNTY or CITIES presently have adopted or may adopt in the future. -9- P81141799 3. SharedCosts. Costs or services to be performed in accordance with Sections 2.e., 2.d., 2.e. and 2.1 of this Agreement shall he shared by the Parties in accordance with the procedure specified below. in December of each year or this Agreement the DisTRIci- 4 shall: 5 a, Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. 6 of this Agreement and 2.f. for the upcoming fiscal year 7 ("ESIIMATED COSTS"); b. !Estimate the DISTRICT'S internal costs for developing, implementing and administering the NPDES program in the Santa 10 Margarita Region as specified in 2.a. ("INTERNAL COSTS"); c. Estimate the revenues expected from the BENEFIT ASSESSMENT program ("ASSESSMENT REVENUES"); d. Determine actual costs for NPDES programs administered in the previous fiscal year; and c. Determine Credits or Debits ("CREDITS" or "DEBITS") due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal year with the actual contributions provided by the COUNTY and CITIES for that fiscal year, By February 1" or each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager -Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution ("DISTRICT CONTRIBUTION") to programs specified in Sections 2,c., 2.d., 2.0., and 2.f. for the upcoming fiscal year shall he determined using the following formula: DIsTRicr CONTR113UTION — ASSESSMENT REVENUES - -10- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/I1}799 INTERNAL COSTS - 20% ASSESSMENT REVENUE. If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY C;f"I'1FS (:trott�l tltic)1t. The total shared COUNTY and CITIES contribution (the "COMBINED CONTRIBUTION") shall be determined using the following formula: COMBINED CONTRIBUTION — ESTIMATED COSTS - DISTRICT CONTRIBUTION. The COUNTY'S and individual CITIES' respective pro rata share of the COMBINED CONTRIBUTION ("INDIVIDUAI, CONTRIBUTION") shall be determined on the basis of an equally weighted average of population and Benefit Assessment Units within the Santa Margarita Region of Riverside County. More specifically, such percentage contribution shall be calculated as the equally weighted average of: (a) The population of COUNTY or individual CITIES within the Santa Margarita Region, divided by the total population of the COUNTY and CITIES in the Santa Margarita Region and; (b) The calculated number of Benefit Assessment Units ("BAU") for COUNTY or individual CITIES, divided by the total BAU for COUNTY and individual CITIES. The INDIVIDUAL CONTRIBUTION shall be further adjusted by any CREDITS or DEBITS due from the previous fiscal year. The population of CI'T'IES shall be determined by the latest California State Department of Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area ("TRA") information best fitting the Santa Margarita Region. The BAU count of COUNTY and CITIES shall be estimated by comparing the most current TRA information best fitting the Santa Margarita Region with the Assessment District retains 20% of assessment revenue as a reserve for District's administrative and program costs associated with the NPDES Permit pursuant to RCFC&WCE) Ordinance No. 14. -11- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II 26 27 28 P8/141799 Rolls from the current fiscal year's BENEFIT ASSESSMENT Engineer's Report. COUNTY and CITIES may generate credits toward payments due by providing labor or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on ESTIMATED COSTS for the fiscal year. DISTRICT shall invoice COUNTY and CITIES for INDIVIDUAL, CONTRIBUTION at the beginning of each fiscal year and said invoice shall be due and payable by COUNTY and CITIES within 60 days of receipt of invoice from DISTRICT. The COMBINED CONTRIBUTION for COUNTY and CITIES shall not exceed $2,200,000 (two million, two hundred thousand dollars) annually under this Agreement. 4. Term of the Agreement. The term of this Agreement shall commence on the date of execution by the duly authorized representative of at least three of the five COPERMITTEES. The term of this Agreement shall extend for up to eighteen (18) months beyond the period of time in which the term of the NPDES Permit remains in valid force and effect, unless terminated prior to that date by agreement by all the Parties or withdrawal of all of the Parties in accordance with the terms of this Agreement. 5. Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and/or after the commencement of this Agreement ("Prospective City") may file a written request with DISTRICT asking to be added as a Party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of the Parties. If a majority of the Parties, each having one, co -equal vote, approves the addition of the Prospective City, this Agreement shall be amended to reflect the addition, and the Prospective City shall thereafter become a Party under this Agreement. Upon execution of the Amended Agreement, the Prospective City shall be responsible for the shared costs discussed in Section 3 of this Agreement for the then -current budget year and any subsequent budget year. 6. Withdrawal from the Agreement. Any Party shall be eligible to withdraw from this Agreement after first giving 60 days written notice to the DISTRICT and the CRWQCB-SDR. The withdrawing Party shall agree in such notice to apply with the CRWQCB- SDR for a separate NPDES permit and to comply with all of the requirements established by -12- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 CRWQCB-SDR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing Party's already -paid share of the costs allocated pursuant to Section 3. The withdrawing Party shall be responsible for any lawfully assessed penalties as a consequence of its withdrawal. In addition, the withdrawing Party shall remain liable as an Indemnitor Party after the effective date of its withdrawal as described in Section 7 below. The cost allocations to the remaining Parties shall be recalculated in the following budget year. 7. Mutual indemnification. Each Party (hereafter "Indemnitor Party") shall indemnify, defend and hold harmless any other Party, together with that Party's employees, officers, managers, governing board members, counsel, representatives and agents (collectively "Indemnitee Parties"), from and against any and all damages, liabilities, losses, demands, lawsuits, orders, actions, causes of action, penalties, judgments, claims, costs and expenses (including reasonable attorneys' fees, including through all appeals) arising from or related to any violation of the NPDES Permit or this Agreement (collectively "Losses") to the extent caused by (i) by the acts or omissions of the Indemnitor Party and its employees, agents and representatives, (ii) discharges from the Indemnitor Party's jurisdictional area or facilities, and/or (iii) discharges from any MS4 owned or operated by the Indemnitor Party. The obligations of the Indemnitor Party set forth in this Section 7 are non-exelusive and are in addition to, and do not replace or modify, any other rights of action, whether at law or in equity, that any Party may have against another Party. Nothing in this Agreement shall limit the ability of any Party to seek any relief, legal or equitable, against any non -Party. The obligations set forth in this Section 7 shall survive the termination of this Agreement, as to all such acts, omissions or discharges as described in subparts (i) through (iii) hereinabove that occurred, or are alleged to have occurred, while a Party during the term of the Agreement up until such time that it is terminated. 8. Amendments to the Agreement. Except as provided in Section 5, this Agreement may only be amended by consent of all Parties. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of all Parties. -13- P81141799 9. Authorized Signatories. The General Manager -Chief Engineer of 2 DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their 3 '' designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES permit(s) or amendments thereto. 10. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. Notice to the Parties shall be sent to the publically advertised mailing address for the Party. 11. Governing Law and Severability. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by the Party or Parties affected. Consent by any Party to a waiver or breach by any other Party shall not constitute consent to any different or subsequent waiver or breach. 13. Entire Agreement. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties with respect to the subject matter therein; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the Parties. As each Party has signed and delivered at least one counterpart to the other Parties, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the Parties. 15. Non -Waiver of Objections. The entry into, and the performance of this Agreement by the Parties shall not constitute, nor be construed as, any waiver of the COPERMIT 'EES` objection to any provisions of the NPDES Permit including, without -I4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 limitation, any provisions identified in the Petition for Review filed by the COPCRMITT13ES with the SWRCB, or that provisions of the NPUES Permit constitute an unfunded State mandate without subvention of State funds. /1/ -15- 4 6 7 8 9 10 11 12 15 16 17 18 19 20 21 TY 23 24 23 P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RECOMMENDE9/() PROVA By WARREN D. WILLIAMS General Manager -Chief Engineer Dated;__ APPROVED AS TO FORM; PAMELA J. WALLS Count counsel KAR1N WATTS-BAZAN Principal Deputy County Counsel , - Dated: RECOMMENDED FOR APPROVAL: By. LARRY PARRISH Interim County Executive Officer Dated: JU:AMM:cw 26 11/03/11 27 28 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST:. KECIA HARPER-IHEM Clerk to tile Board By !,L2 Deputy (SEAL) COUNTY OF RIVERSIDE By BOB BUSTER, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By Deputy (SEAL) -16- P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By WARREN D. WILLIAMS General Manager -Chief Engineer Dated:. By MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors APPROVED AS TO FORM: ATTEST: By PAMELA J. WALLS County Counsel Dated: KECIA HARPER -THEM Clerk to the Board By Deputy (SEAL) RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE By Dated: WHEN DOCUMENT IS FULLY EXECUTED RE'T'URN CLERK'S COPY to Riverside County Clerk of die Board, Stop 1010 Post Office Box 1147, Riverside, Ca 92502-1147 Thank you. JU:AMM:cw 11/03/11 BOB BUSTER, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By (SEAL) -16- ncrna?nil 2./1 APPROVED AS TO FORM: CITY OF By Peter . Thorson, City Attorney 13 Chuck Washington, Mit i71° PS/141799 -17- APPROVED AS TO FORM: 1 4 5 6 7 8 9 10 11 12 1_3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Attorney ATTEST: By City C lerk. P8/141799 CITY OF MURRIETA Dated: nOn. tko,r- u 77_ t -18- APPROVED AS TO FORM: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF WILDOMAR Dated: -19- Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: February 10, 2015 SUBJECT: Adopt Ordinance No. 15-01 Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets (Second Reading) PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 15-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 15-01 was first introduced at the regularly scheduled meeting of January 27, 2015. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 15-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SCETION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: Ords 15-01 Name of Street and Portion Affected Declared Prima Facie Speed Limit Miles Per Hour Avenida Alvarado Diaz Road to Via Industria 35 Avenida Buena Suerte Del Rey Road to Avenida Centenario 30 Avenida Centenario Avenida Buena Suerte to Via Norte 30 Avenida De Missions Temecula Parkway to Via Rio Temecula 35 Campanula Way De Portola Road to Meadows Parkway 30 Campanula Way Meadows Parkway to De Portola Road 40 Dendy Parkway Diaz Road to Winchester Road 45 Loma Linda Road Pechanga Parkway to Via Del Coronado 25 Pauba Road Butterfield Stage Road to Via Del Monte 40 Peach Tree Street Deer Hollow Way to Primrose Avenue 25 Primrose Avenue Peach Tree Street to Pechanga Road 25 1 Remington Avenue Diaz Road to Winchester Road 40 Rio Nedo Road Diaz Road to Via Industria 40 Roripaugh Road Winchester Road to Nicolas Road 25 Santiago Road Old Town Front Street to Ynez Road 30 Sunny Meadows Drive Campanula Way to Meadows Parkway 35 Yukon Road Rancho California Road to Margarita Road 35 Zevo Drive Diaz Road to Winchester Road 45 Section 2. Severability. The Temecula City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Ords 15-01 2 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. 15-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of January, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Ords 15-01 3 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No. 14 ACTION MINUTES January 27, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 9:54 P.M. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Rahn, Washington CSD PUBLIC COMMENTS (none) CSD CONSENT CALENDAR NOTICE TO THE PUBLIC 8 Approve the Action Minutes of January 13, 2015 - Approved Staff Recommendation (5-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Comerchero, Edwards, Naggar, Rahn and Washington. RECOMMENDATION: 8.1 That the Board of Directors approve the action minutes of January 13, 2015. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 9:56 P.M., the Community Services District was formally adjourned to Tuesday, February 10, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Chuck Washington, President ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] CSD Action Minutes 012715 1 COUNCIL PUBLIC HEARING Item No. 15 Approvals City Attorney Finance Director Assistant City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: February 10, 2015 SUBJECT: Establishment of the Visit Temecula Valley Tourism Business Improvement District Pursuant to the Property and Business Improvement Law of 1994 RECOMMENDATION: That the City Council conduct a public hearing and adopt the following resolution: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT BACKGROUND: On December 9, 2014, the City Council adopted a resolution declaring its intention to form a property and business improvement district to be named the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") under the Property and Business Improvement Law of 1994. DISCUSSION: The Property and Business Improvement Law of 1994, Streets and Highways Code §36600 et seq. (the "1994 Act"), authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. A petition signed by all of the lodging business owners in the proposed VTVTBID was submitted requesting the City Council initiate proceedings pursuant to the 1994 Act to establish the VTVTBID. The 1994 Act only requires that those lodging business owners who will pay more than fifty percent (50%) of the assessments proposed to be levied sign the petition. Visit Temecula Valley (formerly known as "The Temecula Valley Convention and Visitors Bureau" drafted a Management District Plan containing all of the information required by Section 36622 of the 1994 Act, including a description of the proposed boundaries of the VTVTBID, the activities proposed for the VTVTBID, the cost of such activities, and a proposed means of governance. The City Council approved this Management District Plan on December 9, 2014. By its Resolution No. 14-75, adopted on December 9, 2014, the City Council declared its intention to establish the VTVTBID and levy assessments, approved the Management District Plan, and set a public meeting and public hearing on the proposed establishment of the VTVTBID and the proposed levy of assessments within the VTVTBID. The City caused notice 11086-0140\1791977v2.doc of the public meeting and public hearing to be mailed to the lodging businesses in accordance with the 1994 Act. The City Council conducted the public meeting on January 27, 2015 and the public hearing will be held on February 10, 2105. The annual assessment rate to be levied on each lodging business within the proposed VTVTBID, which is based on the estimated benefit to the lodging businesses to be assessed, is 4% of gross room rental revenue. The annual assessment may be levied for a term of five years. The amount of the annual assessment proposed to be levied in the first year totals approximately $1,402,736. The assessments will be collected in monthly installments or such other installments as determined by resolution of the City Council. The activities for the VTVTBID include tourism promotion and marketing programs, that specially and specifically benefit the lodging businesses within the VTVTBID, by increasing tourism and marketing the Temecula Valley as a tourism destination. At the public hearing, the City Council shall hear the testimony of all interested persons for or against the establishment of the VTVTBID and the levy of assessments within the VTVTBID. The Council may adopt a resolution establishing the VTVTBID in the absence of a majority protest. A majority protest will exist if written protests are received from the lodging business owners (or their authorized representatives) within the VTVTBID that will pay 50% or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50%. FISCAL IMPACT: The proposed VTVTBID will be funded by assessments collected from lodging businesses within the City and will be the same as for the current TVTBID. The total amount anticipated from the assessments in the initial year is approxiamately $1,402,736. A portion of the assessment revenues will be used to pay for the formation and administrative expenses of the City in forming and administering the VTVTBID. Lodging businesses will continue to collect a 4% assessment on room rents following the same process as used for the collection of the City's transient occupancy tax. ATTACHMENTS: 1. Proposed Resolution Establishing the VTVTBID 2. Resolution No. 14-75, Intention to Establish VTVTBID, Approve District Management Plan and Set Public Meeting and Hearing 3. Petition of Lodging Business Owners 4. TVTBID Annual Report 5. TVTBID Financial Report 6. VTVTBID District Management Plan 7. Legal Petitions 8. Notice of Public Meeting and Public Hearing 9. Proof of Service by Mail 11086-0140\1791977v2.doc 2 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. (the "1994 Act) authorizes cities to establish business improvement districts for the purpose of promoting tourism; and WHEREAS, Visit Temecula Valley (formerly known as the "Temecula Valley Convention & Visitors Bureau") (the "VTV") is interested in the establishment of the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") pursuant to the 1994 Act and the levy of assessments on lodging businesses, which include hotels as defined in Temecula Municipal Code Section 3.20.020, within the VTVTBID ("Lodging Businesses"); and WHEREAS, the owners of such lodging businesses have requested the Temecula City Council to initiate proceedings pursuant to the 1994 Act to establish the VTVTBID pursuant to a written petition signed by the owners of lodging businesses within the proposed VTVTBID which will pay more than 50% of the assessments proposed to be levied; and WHEREAS, the VTV and the City of Temecula desire to have the VTV manage the activities provided by the proposed VTVTBID; and WHEREAS, the VTV drafted a management district plan (the "Management District Plan") containing all the information required by Section 36622 of the 1994 Act and filed such Management District Plan with the City Clerk of the City of Temecula; and WHEREAS, pursuant to the 1994 Act, on December 9, 2014, the City Council adopted Resolution No. 14-75, entitled, "A Resolution of the City Council of the City of Temecula Declaring Its Intention to Establish the 1994 Act Temecula Valley Tourism Business Improvement District and Fixing the Time and Place of a Public Hearing Thereon and Giving Notice Thereof" (the "Resolution of Intention"). The Resolution of Intention, among other things, approved the Management District Plan on file in the office of the City Clerk; and WHEREAS, the City caused notice of a public meeting and public hearing concerning the proposed establishment of the VTVTBID and the proposed levy of assessments within the VTVTBID to be duly mailed, as required by law; and WHEREAS, a public meeting concerning the proposed establishment of the VTVTBID and the proposed levy of assessments within the VTVTBID was held on January 27, 2015, at the hour of 7:00 p.m. at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California; and WHEREAS, a public hearing concerning the proposed establishment of the VTVTBID and the proposed levy of assessments within the VTVTBID was held on February 10, 2015, at the hour of 7:00 p.m. in the at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California; and WHEREAS, at the public hearing, the testimony of all interested persons for or against the establishment of the VTVTBID and the levy of assessments within the VTVTBID was heard and considered, and a full, fair and complete hearing was held; and WHEREAS, a majority protest does not exist as defined by Section 36623 of the 1994 Act; THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HERERBY RESOLVE AS FOLLOWS: Section 1. Recitals. The recitals set forth herein are true and correct. Section 2. Establishment of District. Pursuant to the 1994 Act, a business improvement district designated as the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") is established. Section 3. Description of District. The exterior boundaries of the VTVTBID are the exterior boundaries of the City of Temecula, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment. Section 4. Assessment. Except where funds are otherwise available, the City shall annually levy an assessment on all lodging businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID (the "Asssessment"). Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040 will be exempt from the assessment. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. Section 5. Duration of Assessment. The annual assessment described in Section 4 may be levied for a term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015 and ending on February 29, 2020, after which term the City may renew the assessment pursuant to Section 36600 of the 1994 Act. For purposes of levying and collecting assessments within the VTVTBID, a fiscal year shall commence on March 1st and end on the following February 28th (or 29th); provided the City Council 2 may, by resolution, designate the fiscal year as July 1st to June 30th of the following year, or any other fiscal year, subject to all applicable requirements of the 1994 Act. The amount of the annual assessment proposed to be levied in year one totals approximately $1,402,736.00. This amount is expected to fluctuate over the remaining four years of the five-year term of the VTVTBID in accordance with occupancy rates and rents charged by the operators of the lodging businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year. Section 6. Collection of Assessments. The City will collect the assessments from lodging businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. Section 7. Activities. The proposed activities for the VTVTBID include tourism promotion and marketing programs that specifically and specially benefit the lodging businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley as a tourism destination. The activities will be funded from the assessments. A portion of the assessments each year will be used to pay for administrative expenses of the City. Section 8. No Bonds. The City shall not issue bonds in connection with the VTVTBID. Section 9. Fund. There is created a special fund designated as the VTVTBID Fund into which all revenue derived from the assessments shall be placed. The moneys in such fund, except for the moneys to pay administrative expensses, will be distributed to the VTV and shall be used only for the purposes specified in this resolution. The revenue from the levy of the assessments shall not be used to provide improvements or activities outside the VTVTBID or for any purpose other than the purposes specified in this resolution. Funds remaining at the end of any year may be used in subsequent years in which assessments are levied as long as they are used consistent with the requirements of this resolution. Section 10. Benefit. The City Council hereby finds that the lodging businesses within the VTVTBID will be specifically and specially benefited by the activities funded by the assessments. Section 11. Amendments. Lodging businesses within the VTVTBID established by this resolution shall be subject to any amendments to the 1994 Act. Section 12. Levy of Assessment. The adoption of this resolution constitutes the levy of an assessment in each of the fiscal years referred to herein and in the Management District Plan. Section 13. Certification. The City Clerk shall certify to the adoption of this resolution. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2015. Jeff Comerchero, 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. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 4 Randi Johl-Olson, JD, MMC City Clerk EXHIBIT A MAP OF BOUNDARIES OF CITYNTVTBID Exhibit A This map is a usar 9nnsrian/ mile aqua am an IiNunat bopping Me and N for general reference only. Dab roll NMIN" am O 5 y net be nccwsM, current. or otrwrwree reliable. TENS M M M IMP N3 NOT TO SE MEI FOR NAVIGATION. RESOLUTION NO. 14-75 A RESOLUTION F THE CITY COUNCIL OF TH CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. ((he "Law") authorizes cities to establish business improvement districts for the purpose of promoting tourism; and WHEREAS, Visit Temecula Valley, formerly known as the Temecula Valley Convention & Visitors Bureau ("VW') is interested in the establishment of the proposed Visit Temecula Valley Tourism Business Improvement District ("VrfrIBID") pursuant to the Law and the levy of assessments on lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3,20.020, within the VTVTBID ("Lodging Businesses"); and WHEREAS, the owners of Lodging Businesses within the proposed VTVTBID have requested the Temecula City Council to initiate proceedings pursuant to the Law to establish the VTVIBID pursuant to a written petition signed by the owners of Lodging Businesses within the proposed VTVTBID which will pay more than 50% of the assessments proposed to •z levied; and WHEREAS, the VTVTBID and the City of Temecula desire to have VTV manage the activities provided by the proposed VTVTBID, and WHEREAS, the VTV has drafted a management district plan (th "Management District Plan") containing all the information required by Section 36622 of the Law and filed such Management District Plan with the City Clerk of the City of Temecula, NOW THEREFORE, the City Council of th City of Temecula does hereby resolve, determine and find as follows: Section 1 The recitals set forth herein are true and correct. Section 2, Pursuant to Section 36621(a) of the Law, the City Council hereby declares its intention to establish a business improvement district to be designated as the "Visit Te ecula Valley Tourism Business 1 prove ent District" ("'VTVTBID") and to levy and collect assessments against Lodging Businesses within the VTVTBID boundaries, Section 3. The exterior boundaries of the VTVTBID shall be the exterior boundaries of the City of Temecula, as shown on the map attached her to as Exhibit A and incorporated herein by such attachment. Section 4 The City Council hereby approves the Management District Plan on file in the Office of the City Clerk, The City Clerk shall make the Management District Plan and other documents related to the VTVTBID available to the public for review during normal business hours, Monday through Friday, 8:00 a.m. — 5.00 p.m. Resos 14-75 11 1 1 1 Section 5. The proposed activities for the VTVTBiD include tourism promotions and marketing programs that specifically and specially benefit the Lodging Businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley as a tourism destination. A portion of the assessments each year will be used to pay for administrative expenses of the City. Section 6. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040 will be exempt from the VTVTBID assessment. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. Section 7. The annual assessment described in Section 6 may be levied for a term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015 and ending on February 29, 2016, after which term the City may renew the assessment pursuant to Section 36600 of the Law. For purposes of levying and collecting assessments within the VTVTBID, a fiscal year shall commence on March 1st and end on the following February 28th (or 29t); provided the City Council may, by resolution, designate the fiscal year as July 1$` to June 30th of the following year, or any other fiscal year, subject to all applicable requirements of the Law. Section 8. The amount of the annual assessment proposed to be levied in year one totals approximately $1,402,736.00. This amount is expected to fluctuate over the remaining four years of the five-year term of the proposed VTVTBID in accordance with occupancy rates and rents charged by the operators of the lodging businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the VTVTBID. Section 9. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The funds collected will be distributed to the VTVTBID. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of this Resolution. Section 10. The time and place for the public meeting for comments on the proposed establishment of the VTVTBID and the levy of the assessments is set for January 27, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California. Section 11. The time and place for the public hearing to consider establishing the VTVTBID and levying assessments is set for February 10, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California. Resos 14-75 2 1 1 1 Section 12. At the public hearing a protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. Section 13. Further information regarding the proposed VTVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. Section 14. The City Clerk is instructed to provide mailed joint notice of the public meeting and public hearing to the Lodging Businesses in accordance with Streets and Highways Code Section 36623. Section 15. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of December, 2014. Randi Johl-Olson, JD, MMC City Clerk [SEAL] Resos 14-75 3 aryann Edwards, Mayor 1 1 1 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. 14-75 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of December, 2014, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: Resos 14-75 4 None None None Randi Johl-Olson, JD, MMC City Clerk Exhibit A 0 nterm.m'... TEM..ECULA BID Boundary 2.75 5.5 8.25 mi. This map is a user generated stalk output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otemise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Map center: 6293914, 2124400 Notes: BID Boundary equals the City limit Boundary Legend 0 City N Highways N Streets2 Scale: 1:155,796 October 8, 2014 Petition to develop a 5 year Tourism Improvement District TVTBID for Fiscal Years 2015-2020. C-14.07/14-retteer Wed( cNI ��auriar:arr cAs.lr+)s>rtiA WINE COUNTRY t� As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, i express my consent and support for the development of a 5 year District supporting a Tourism Marketing Assessment and we request approval of the assessments by the Temecula City Council. t 2) Emba 3) Extende estern Countr n Reresenativ uit s Hotel Representative 4 Fairfield Inn & Sui Representative Print Name and Title —5) See 'ea,1)-e , Hampton Inn & S'ultes Representative esentativ iMr/i' Print Name and Title r Print Name and Title znPe^ �*M Print Name and Title 6) Holiday Inn Express Representative 10) Quality Inn Wine Country Representative 11) Ramada In/ 'eort entative 12) Rancho California Inn Representative . 13) II -0 14) pain: ' II Suites Representative Print Name and Title 4,r}-,41 4.1 6 j Print Name and Title V11,1e'er. L-• Print Name and Titl Print Name and Title Print Name and Title w .t r' `/41- li. ✓`� � Print Narne and Title irk.. , �r/w;A.l3e Print Name and Title tt Pri ame and Title Pri ame nd Tit e 'cmc CI;M Print Name and Title Temecula Creek Inn Representative Print Name and Title October 8, 2014 Petition to develop a 5 year Tourism Improvement District TVTBID for Fiscal Years 2015-2020, 90,theder4 Sdnui'b7!E EZN C 3-0)WINE COUNTRY CY As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent and support for the development of a 5 year District supporting a Tourism Marketing Assessment and we request approval of the assessments by the Temecula City Council. 2) 3) 4) Best Western Country inn Representative Print Name and Title Embassy Suites Hotel Representative Print Name and Title Extended Stay Representative Print Name and Title Fairfield lnn & Suites Representative Print Name and Title otd r %� �S dd� ee I Han ad eif- 5) 1. V) /4) Hampton Inn & Suites epresentative Print Name and Title Holiday Inn Express Representative Print Name and Title La Quinta Inn & Suites R rotative 8) 49) Print Name and Title Motel 6 Representative Print Name and Title Palomar Inn Hotel Representative Print Name and Title '`x(10) Quality Inn Wine Country Representative Print Name and Title 11) Ramada Inn Representative Print Name and Title 12) Rancho California Inn Representative Print Name and Title 13) Rodeway lnn Representative 'N .L4) SpringHill Suites Representative 15) Print Name and Title Print Name and Title Temecula Creek Inn Representative Print Name and Title October 8, 2014 Petition to develop a 5 year Tourism Improvement District TVTBID for Fiscal Years 20152020. WINE COUNTRY LT As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent and support for the development of a 5 year District supporting a Tourism Marketing Assessment and we request approval of the assessments by the Temecula City Council. 2) 3) 4) 5) 6) 7) Best Western Country Inn Representative Print Name and Title Embassy Suites Hotel Representative Print Name and Title Extended Stay Representative Print Name and Title Fairfield Inn & Suites Representative Print Name and Title Hampton Inn & Suites Representative Print Name and Title Holiday Inn Express Representative Print Name and Title La Quinta Inn & Suites Representative Print Name and Title 8) /- Make] 9) Palomar In Representative 10) Print Name and Title C/9 _40 Cl°4'24/1A. ` Print Name and Title Quality inn Wine Country Representative Print Name and Title - 11) Ramada Inn Representative Print Name and Title 12) Rancho California Inn Representative Print Name and Title 13) Rodeway Inn Representative Print Name and Title 14) SpringHill Suites Representative Print Name and Title 15) Temecula Creek Inn Representative Print Name and Title SOUTHERN CALIFORNIA WINE COUNTRY Convention and c? itors Bureau 2014-2015 ANNUAL REPORT TVTBID BUDGET & MARKETING PLAN executive message about us Visit Temecula Valley (VTV) is a non profit 501 c(6) funded by the Temecula Valley Tourism Business Improvement Dis- trict, Pechanga, City of Temecula and a membership of over 168 tourism -related businesses. The VTV is the destination sales and marketing organization. Our purpose is to stimulate economic growth and tourism in the Temecula Valley region by developing and marketing the destination to the meeting and travel markets. Our mission, as the tourism experts in the Temecula Valley, is to run an effective business that increases awareness and measures the spending in the Temecula Valley. Our Board of Directors are comprised of business owners and professionals who have experience and willingness to serve the community beyond the scope of their demanding work schedules. Their volunteer responsibilities include steering company policy, financial oversight, and determin- ing the future course of the Bureau's mission. VTV STAFF President & CEO Kimberly Adams VP, Finance & Operations Carrie Penny Director of Sales & Marketing Ruben Labin 2 11110 Annai R.po.r d AcarEh Marketing PR Manager Annette Brown IT & Online Technologies Manager—Project employees Sales & Marketing Coordinator Andrea Bowman Marketing Coordinator Marlene Wallace Finance/Bookkeeping Leigh Jensen Visitor Center Specialists Pamela Locascio Becky Hess Pam Greenway Membership Coordinator Leann Anderson Contracted Support Nigro & Nigro, PC ARK Marketing BOARD OF DIRECTORS Executive Committee 2014 Chairman of the Board Ken Westmyer, Quality Inn-TID 1st Vice Chairman Cherise Manning, A Grape Escape Balloon Adventure 1st Vice Chairman-TID Tom DeMott, Temecula Creek Inn -TID 2nd Vice Chairman Denis Ferguson, Net Results Hospitality & Development Group Treasurer Bill Wilson, Wilson Creek Winery Secretary Melody Brunsting, Melody's Ad Works Directors 2014 Grant Channing, Pechanga Resort & Casino Kym Espinosa, Promenade Temecula Krissie Guerra, SpringHill Suites by Marriott John Kelliher, Grapeline Wine Tours Kathy Lindeman, Holiday Inn Express-TID Crystal Magon, South Coast Winery Resort & Spa Carlos Palma, Palomar Inn Hotel-TID Craig Puma, The Bank Mexican Restaurant Robert Renzoni, Robert Renzoni Vineyards Greg Roberts, Embassy Suites-TID Brad Smith, Temecula Downs Jan Smith, Inland Management Group president & ceo message Greetings, With our fiscal year starting March 1, 2014, the past eight months have been extremely successful for the Tourism Industry. Occu- pancy has trended up every month and, with a record breaking summer, we are forecasted to end our 2014-2015 year with occupancy over 70% and revenues up over 9%. In June, we received excellent news that Temecula's direct travel spending hit an all time high of $651 million in 2013, a +2.3% increase from 2012 spending. Travel spending directly supported nearly 6,890 jobs, up +2.5%, with earnings of $195.6 million (+3.1%). YTD, the Temecula lodging industry visitor occupancy is up and revenue is at $66 million. Visit Temecula Valley celebrated our tenth seerzt as a non profit organization this summer. Our board members, staff and volunteers continue to work incredibly hard staying relevant within our Industry and strategizing to develop competitive programs, keeping our desti- nation growing. In September, we held our first Tourism Round table with key leaders in our community, focusing on our Auriga), (at- fennee and (`ppartusitiee. As an outcome of this collective process, we are committed to develop our next ten-year plan focused on taking our destination to $1 billion dollars in Travel Spending . We continue to be a highly motivated and effective leadership group, achieving all of our planned goals and tasks for 2014. Extend- ing the overnight stays for "more days, more fun" is our priority to help generate midweek room nights, increase revenue, and create more local jobs. Growing and cultivating community partnerships has been, and will continue to be, an important role for Visit Temecula Valley as we continue to elevate our brand "Temecula Valley Southern California Wine Country" to new heights. Kimberly Adams - President & CEO Visit Temecula Valley 'Reporting includes the 14113IU from March 1, 2014— September 30, 2014 3 else Temecula Valley TRW Anwar Report a+ Redlines sales The hospitality industry has recovered in Temecula FY 2014-2015 based on our 2013 year-end Economic Impact Study that shows Temecula Valley generated over $651 million in Travel Spending. The industry has seen many changes in lodging Average Daily Rates (ADR), indicating that we are climbing back and still seeing impacts by the economy, where positive movement continues to be on the rise. Consumer confidence is up and visitors are taking vacations and ex- tended stays. Our hotels are reporting growth with increases over prior year numbers once again. ADR's are increasing from 2013. Business meetings are still steadily climbing back to average num- bers and leisure travel remains strong. In YTD FY 2014-2015, the Sales Department continues to see domes- tic lead demand and generated 71 leads totaling over 21,801 poten- tial room nights and $6,045,875 in potential economic impact. The VTV Sales Department continues to penetrate new business in markets such as association, corporate, SMERF tour & travel busi- ness, which generated a growing number of leads. Based on the lead process time and lost business the VTV sales team shifted mar- ket focus to 90% Southern California Drive Market effective September 2014. 4 vkit Temecula valley 1140 annual Report o1 Actuates TRADE SHOW HIGHLIGHTS & DEFINITE ROOM NIGHTS The YTD 2014-2015 trade show schedule saw a slight decrease in the number of shows VTV attended compared to previous years, however, the schedule included a very diverse listing of shows, covering all markets of travel that the Temecula Valley benefits from. In FY 2014-2015, the sales team participated in 12 trade shows, including MPI, HSMAI, POW WOW, CaISAE, NTA, Go West., and Connect with total definite room nights of 1,476 representing $594,045 in forecasted economic impact for the Temecula Valley TID hotels, venues and event service providers. PERFORMANCE MEASURES New Sales Leads Definite Bookings Definite Room Nights (Contracted) Estimated Economic Impact Sales Leads Lost Bus./Postponed/Cxl'd/ Declined ACTIVITY MEASURES Number of Tradeshows Attended/Exhibited Number of Sales Missions (Client Events) Number of Familiarization Tours Number of Client Site Inspections Number of Outside Client Appointments FYTD 1344 YTD 14-15 95 67 23 10 3.390 1,476 1,325,656 594.045 53 28 FYTD 13-14 12 17 YTD 14-15 8 4 5 1 19 12 209 305 sales SALES HIGHLIGHTS TRADE SHOWS & EVENTS In conjunction with on-going sales calls, missions and trade shows, the sales March: team initiated, and/or was involved in special sales projects and events. These activities generated lead opportunities and increased the visibility of Visit Temecula Valley to target audiences. Among these activities were: CITY-WIDE FAMILIARIZATION TOURS Summerfest and Winterfest FAM Tours targeting Meeting & Event Planners, Tour Operators, Travel Agents and Media Summerfest Tour were dedicated to our international tour operators from all over the world highlighting Old Town, Wine Country & Pechanga and showcasing numerous tourism partner busi- nesses. Our Winterfest FAM tour targeted new business and existing clients from Southern California. GLOBAL MARKETING WITH BRAND USA & VISIT CALIFORNIA The International Tour Operator FAM Tour showcased and introduced the Temecula Valley to tour operators and media from India, Mexico and the UK. MARKET SALES EVENT S "Temecula on the Road" receptions, in Orange County and Los Angeles offered Meeting & Event Planners, Tour Operators and Travel Agents the opportunity to meet one-on-one with key Temecula Valley Partners and sample local Temecula wines and food pairings at venues in their own region. 5 VIUI Temecula VNley 11110 Annual Report of Aclfvmea NASC Sports Events Symposium CaISAE Elevate -Sponsorship Conference Direct April: International Pow Wow - Las Vegas HelmsBriscoe Annual Business Con- ference August: Connect Budgeted Shows December: CaISAE Seasonal Spectacular January: American Bus Association NTA sales trade shows CSAE V.,o• , . Assoodhort E sicutivis ConferenceDirect Meeting Planning Made Simple. media OVERVIEW VTV works hard to build professional relationships with media outlets and representatives in various markets to build and maintain awareness of the Temecula Valley as a travel destination. VTV supplies the media with cur- rent information, editorial content, story ideas and imagery. To date, our activities have generated nearly 500K impressions of in-kind press editori- als, publications and on-line press. PRESS RELEASES A total of 12 press releases were issued by VTV during the fiscal year. Addi- tionally, VTV serviced many releases from partners to media. Press releases supported the Temecula Valley Southern California Wine Country brand as an entertainment, wine, golf, cultural, meeting, wedding, sports and culi- nary destination. MEDIA TOURS On behalf of VTV and its partners, media visits are secured to promote the destination with the goal of securing valuable editorial coverage. VTV sup- ported and attended over 15 Media Events, PR Missions and Trade Shows. We hosted over 31 VTV Media guests, both domestic and international. MEDIA MISSIONS & EVENTS With the purpose of networking and building connections with travel and lifestyle media, members of the VTV marketing department attended the Visit California media event in LA, New York and Canada and met with me- dia in both Domestic and International. THE RESULTS Through public relations efforts working with traditional and new media outlets, VTV continues to exceed our expectations in reaching an audience of more than 5 million potential visitors. 7 vh.t Temecula Valley Tell) Anew Repor. o' Acty ',, PRESS RELEASE PERFORMANCE MEASURES FYTD 13-14 YTD 14-15 Press Releases Issued 34 Media Deliveries 88,580 Total Impressions 35,157549 Total Online Pick-up 1,692 ACTIVITY MEASURES Media Events/PR Missions/Tradeshows Media Familiarization Tours Hosted Press Trips—Domestic Hosted Press Trips—International Media Pitches Press Kits Distributed Image Distribution Magazine/Online Leads 12 42,740 437,598 2,108 FYTD 13-14 YTD 14-15 12 7 8 5 178 143 59 3706 VISIT CALIFORNIA PARTNERSHIP FYTD 13-14 Website Coverage IE/Temecula Social Media Impressions Visitor Guide Leads Co-Op's 23,147 1,396,043 671 11 4 5 6 0 154 110 25 31,182 YTD 14-15 25,327 44,555 482 1 advertising PRINT ADVERTISING The VTV and Media buyer, ARK Marketing & Media, continue to negotiate better advertising rates during FY 2014-2015. Traditional print campaigns are still an important tool to reach our niche market visitors. Targeted printed ad- vertising in decreasing and two ads were placed in the San Diego Visitors Guide, Inland Empire Magazine VTV continues to provided the editorial con- tent to include suggested itineraries, TID and partner listings with property de- tails, logos and images to non paid advertising partners. ONLINE BANNER ADVERTISING Target marketing, message tailoring, flexible rates, creativity, exposure, speed, and measureable ROI are the top reasons for the growth and attractiveness of the online advertising for VTV. Online campaign and the use of technology continues to be the most effect marketing and advertising tool for VTV, as well as targeted drive markets in Southern California for meeting and leisure travel- ers. We continue to use branding banner advertising to maximize online technolo- gy, for the promotion of hotel room bookings, video tour and our new Calen- dar of Events. Strategic placement on top travel sites, Visit California, C -vent, Desert Sun, Las Vegas Sun, Las Vegas Weekly, NBC LA, AZ Central, KKLI96,3 FM, Google, TOTAL MEDIA Placement IMPRESSIONS: 5,679,575 Million. E -MARKETING VTV utilized e -marketing to communicate regularly with members, meeting professionals and potential visitors, as well as to build brand loyalty. The e - marketing promotes new, upcoming events and special promotions as well as compliments our advertising and public relations outreach for hotels and member partners. 8 Veil Temecula Valley MID A,v,ua1 Report of Acorn. ADVERTISING PERFORMANCE MEASURES Advertising (Paid Print, Radio, Digital 36 42 & Direct Mail) Total Paid Print Reach (Circulation) 717,000 5,679.575 FYTD 13-14 YTD 14-15 INQUIRIES Impressions Delivered 14,405.140 36,041,654 FYTD 13-14 YTD 14-15 E-mails 294 218 Consumer Calls (888 Toll -Free Number) 1,192 820 Advertising Leads 8,776 7,770 visit ternecula public relations Press Releases t? 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An•.wr4••• IIIM more days... more fun WIN A G ETAWAY (enieai�q (K e T �� wrap (J. / WIN! courmurV� advertising Juno 16-17 111111 ECA, R.:. sub•It pw DCA grd wan Io to VOW •n* — t 4 tWael .NeVtar •I a aYvIma I.ww•y vIry MYI •••••.••••+, • aepMWu•4, r....a•Y fwd raw I......aWnM•Ipne.w. 11 visa Tenleculo Vona, TWO Annual Report of RcnMles 3 Ifon your vocation toddy ►dA6-56121162 wwwYNtTwn•tuborp social media AN EVOLUTION IN MARKETING VTV continues to stay on the forefront of new technologies in social media. VTV utilizes social media to promote the Temecula Valley Southern California Wine Country region, VTV partners and increase awareness of the Temecula Valley brand. The VTV Facebook page started the year off with 32,939 likes and YTD we now have 40, 446 likes SOCIAL MEDIA HIGHLIGHTS/GOALS E-MAIL MARKETING CAMPAIGNS E -blast Campaigns Sent E-mails Delivered E-mails Opened Open rate CTR (AVG) With the explosion of social media, VTV worked collectively with our partners to inte- grate our destination social media platform as an effective tool to drive awareness of our divested product offerings. We focused our messaging to include our new destina- tion video which included "The Entertainment So Cal Wine Destination," "Extended FACEBOOK Your Stay," More days more fun. These campaign increased awareness and visitation. We continued to utilize the Facebook Fan page, twitter accounts for both meetings and visitors and encourage fans to enter to win, join the VTV mailing list and visit the VTV website at www.visittemeculavalley.com. VTV has increased attendance at events by promoting events on Facebook, Twitter and e -blast marketing. Social media has elevated our communication within our tourism community it has provided real time communication. The VTV team continues to use Twitter and Facebook as a virtual visitors center to an- swer and post visitor questions and insider tips, promote partners, attractions and re- cent press. VTV launched our new destination Pinterest page this summer. Our media relationships continue to be viral through our social media channels and blogger partner. Pitching media and optimize press releases for social media has in- creased through reach through PRweb.com FOUR SQUARE FYTD 13-14 YTD 14-15 Number of Followers 225 63 12 VW. TemecJa Valley TBIO Annual Report of Arendt/es TWITTER Number of Fans Number of Posts Total Engaged Average Engagement Rate INSTAGRAM Number of new Followers Number of Posts Number of Interactions Average Engagement Rate Number of Followers Number of Comments Number of Likes FYTD 13-14 30 134,213 37.024 21-39 2.07 FYTD 13-14 32,939 492 135,990 7.19 FYTD 13.14 4,190 1,102 6,458 31.33 FYTD 13-14 38 5 25 YTD 14-15 25 73,549 15,405 20.85%% 5.63 YTD 14-15 40,446 350 46,784 YTD 14-15 4,438 60 54 2.17 YTD 14-15 105 2 142 online activity WWW.VISITTEMECULA.ORG The official Temecula Valley, California visitor information portal is designed for consumers, travel trade, meeting planners, members and media. It fea- tures enhanced interactivity and functionality, including an interactive calen- dar of events, photo and video gallery with over 682,800 Page Views. In 2014, YTD, we had 218,085 Unique Visits to our site and the Mobi site saw 27,744 unique visits, showing that our visitor interest continues to grow. All online and print advertisement directs traffic to this site, which serves as a gateway to the official site. SITE VISITTEMECULA.ORG/ EVENTSTEMECULA.COM Number of Page Views Number of Unique Visits Average Time on Site (in minutes) Bounce Rate MOBILE VISITTEMECULA .MOBI Number of Page Views Number of Unique Visits Average Time on Site (in minutes) Bounce Rate 13 Vim Te menu' valley TIDO annual Nepond AceWit� FYTD 13-14 YTD 14-15 734,938 682,800 211,740 218,085 3:26 2: 10 48.29 42.66 FYTD 13-14 YTD 14-15 166,036 127.693 43,881 27,744 1:98 1:50 46.99 42.66% WEBSITE ENGAGEMENT/ACTIVITY FYTD 13-14 YTD 13-14 Online Guide/Brochure Requests 1.059 1,160 Number of E -Newsletter Registrants 901 690 Total Website Engagements 10,286 Site Conversions (Based on Engagement) Traffic to Sponsors (All Banner Ads) 559 .80 .43 1,311,824 1,326,796 publications OVERVIEW VTV produces publications essential to marketing the Temecula Valley as a destination for tourism and group business. In addition to their practical informational function, publications and collateral items also serve as call -to -action pieces and "new products" for VTV to promote through public relations and advertising. VISITOR GUIDE & MEETING PLANNER GUIDE The Temecula Valley Visitor Guide is the region's official visitor information publication. In FY 2014-2015, VTV continues to partner with Member partners and local vendors to produce this publication. The guide is designed to be an informational piece distributed to potential visitors and consumers, as well as meeting planners, tour operators and media. The Visitor Guide is distributed at area hotels, attractions, travel and trade shows, California Welcome Centers and throughout the state. The Visitor Guide has many features, including a pull-out area map, suggested itineraries, editorial emphasis on the region's distinctive lifestyle, which includes our niche markets of food, wine, out- door activities, history, entertainment and the arts. VTV also publishes a comprehensive meeting planner guide, and is used by the VTV sales department in their marketing to meeting and event planners, tour operators and wedding planners. NICHE MARKET BROCHURES To promote the Temecula Valley's unique niche markets of wine, golf, history, entertainment, sports, and weddings, VTV distributed several brochures in FY 2013. The Temecula Valley destina- tion map showcases our top three area assets, Pechanga Resort & Casino, Wine Country and Old Town Temecula. VTV distributed YTD 150,000 Temecula Valley maps in 1,533 locations within Cali- fornia. We are seeing an increase in numbers though Digital publication downloads and USB distri- bution. With increased popularity of our destination, we continue to develop new marketing ma- terials to include our updated group tour, sports group and meeting planner brochures. Brochures and maps are still one of the most distributed products to our visitors and partners through spe- cialty niche trade missions. Niche and seasonal markets will continue to be a key strategy in grow- ing our lodging occupancy. 14 Vu4 Temecula VelO y TRIO Annual Report d Rc Mrtlea meeting &event planning Kurd,' film temecula FILM TEMECULA PERFORMANCE MEASURES FYTD 13-14 YTD 14-15 Inquiries (unavailable) 26 Location Scouting (unavailable) Permits Granted (unavailable) Permit/Handling Revenue Received (unavailable) Members (New and Renewals) (unavailable) 15 vuii Tema Je V. TND Annual Report o# Amen. visitor center PERFORMANCE MEASURES FYTD 13-4 Visitor Guide Inquiries/Fulfillment 26,395 Total Calls 2,630 Visitor E-mails 732 Visitor Walk -Ins from California 4,608 Visitor Walk -Ins from Out -of -State 2.402 Visitor Walk -Ins International 884 Retail Sales $12,657 Monthly Visitor Demographics 16 vrx Time°As Utter MO Annual Repel of Acevbes • California • Out of State ■ International YTD 14.15 15,384 1,342 887 2,070 1,339 524 $ 5,839 f`) (L) touchscreen here partnerships 1VVfRV1E�.^J MEMBERSHIP Visit Temecula Valley collaborates with numerous community partners and industry non profit organizations in marketing Temecula Valley as a destination. VTV provides services to all partners and partners are referred on a daily basis to consumers, media, travel trade and meeting professionals. PARTNER MARKETING OPPORTUNITIES Throughout the year, a variety of marketing opportunities are offered to VTV partners, including: participation in familiarization tours for meeting planners and media, inclusion in press releases, receipt of sales leads for group business, advertisement in VTV publica- tions, participation in local networking functions, enhanced listings, access to promotional opportunities and trade show participation. ANNUAL PARTNERSHIP MEETING & LUNCHEON The VTV Annual Meeting was, once again, held in the City Civic Center Conference Room. Over 160 partners and community stakeholders attended the meeting, which featured highlights by our 2014-2015 Chairman, Ken Westmyer, and President & CEO, Kimberly Ad- ams. 2013-2014 Membership Demographics 1% VTV, Temecula Valley Winegrowers Association and Old Town Association held 3 networking mixers for member partners in Wine Country. The VTV Hospitality Committee held the sec- ond "Hospitality Day"; Marketing department held Media Day; and the Events Resource MEMBERS Committee held a Special Events Sponsor training. VTV hosted two Quarterly luncheons at member partner locations, where topics included industry trends and education. VISIT CALIFORNIA PARTNERSHIP The Visit California partnership has been critical in the growth of our brand within the Califor- nia Tourism product. Temecula has received coverage though the marketing activities pre- formed by Visit California and VTV staff. Temecula continues to be featured in the Visit Cali- fornia Rural Youtube Spot, generating 1 Billion gross impressions. 17 Visit Temecula Valley TND AnnuM Rport of ANnCei • Lodging • Dining • Transportation • Attractions • Wineries • Convention Svcs. Professional Svcs. • Retail Hosp. Businesses Professional Assn FYTD 13-14 YTD 14-15 Total Members 189 209 New Members 30 50 Member Referrals 6,511 5,218 member events SPRINGHILL SUITES )Xarriott MOT EL RODEWAY INN temeeula (12114oniitt, 1 E M E (_ 11 1. A iT R I F K LAC�U1NTA INNS & SUITES L Holiday Inn Express & Suites JCC. Cliamptctu )- EMBASSY SUITES EXTENDED RAMADA. FAIRFI ELD INN&SUITES "> Aarrtott TEMECULA VALLEY CONVENTION & VISITORS' BUREAU COMPILED FINANCIAL STATEMENTS For the Eight Month Period Ended October 31, 2014 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU October 31, 2014 Table of Contents FINANCIAL SECTION Igg Accountants' Compilation Report 1 Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 SUPPLEMENTARY INFORMATION Revenue Source Charts 5 Expense Allocation Charts 6 SUPPLEMENTARY INFORMATION - BUDGET TO ACTUAL REPORTS General Fund 7 City Grants 8 TID Fund 9 SUPPLEMENTARY INFORMATION TID Income, Expenses and Carryover Funds 10 City Grants 2013/2014 Income, Expenses and Deferred Revenue 11 Financial Section �llt11111111JJ 111�fffff� ACCOUNTANTS' COMPILATION REPORT To The Board of Directors Temecula Valley Convention & Visitors' Bureau Temecula, California We have compiled the accompanying statement of financial position of the Temecula Valley Convention & Visitors' Bureau as of October 31, 2014, and the related statements of activities and cash flows for the eight month period ending October 31, 2014. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements. Management has elected to omit substantially all of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Organization's financial position, change in net assets, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. The supplementary information consists of a comparison of the annual budgeted amounts to the actual amounts for the eight month period ending October 31, 2014, the 2013/14 unspent carry forward balances of the TID grant for the eight month then ended, and also the 2013/14 city grants deferred revenue detail. We have compiled the supplementary information from information that is the representation of management of the Temecula Valley Convention & Visitors' Bureau without audit or review. Accordingly, we do not express an opinion of any other form of assurance on the supplementary information. We are not independent with respect to the Temecula Valley Convention and Visitors' Bureau. L21' 4 Murrieta, California November 8, 2014 toe- 11,,..2.4f oe- p P-Nugro, E I k,110z...r . E I C] UIZROI 1f, OFFICE 0 II-Ncv ITN ' (,! ,Pv)O, , f f u II, 4:;/ r * 1:H 4` n tl I( r, P ti 1EMIERMILL. , OF II 1900 II.w,uSuite 60,0 IEnleryvilie,. (TA,94608 a fli 4 '5 0 OI 588 www nrae pas a o`uhrni w Licenseyi lair fere aia+lrrair« Board al ACCOrae MITI:gg (,) dY44w�, �P)q"4 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Financial Position October 31, 2014 ASSETS Current Assets Cash $ 681,236 Accounts Receivable 225,495 Inventory 10,872 Total Current Assets 917,603 Other Assets Security Deposit 2,832 TOTAL ASSETS $ 920,435 LIABILITIES AND NEI ASSETS CURRENT LIABILITIES Accounts Payable Compensated Absences Payable Deferred Revenue - City Grants Credit Card Payable Retirement Plan Payable 4,842 21,399 47,237 15,530 1,736 TOTAL CURRENT LIABILITIES 90,744 NET ASSETS Unrestricted Temporarily Restricted 180,473 649,218 TOTAL NET ASSETS 829,691 TOTAL LIABILITIES AND NET ASSETS $ 920,435 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII See accompanying accountants'compilation report. 2 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Activities For the Eight Month Period Ending October 31, 2014 Unrestricted Temporarily Restricted Total REVENUES, GAINS, AND OTHER SUPPORT TID Funding $ - $ 997,673 $ 997,673 Private Funding 100,000 12,500 112,500 City Grants - 32,694 32,694 Program Service Revenues Merchandise Sales 7,073 - 7,073 Cost of Merchandise Sold (3,099) - (3,099) Merchandise Sales, Net 3,974 - 3,974 Membership Dues 25,558 - 25,558 Visitor Guide L806 - L806 Meeting Planning Guide 520 - 520 Film Commission L362 - L362 Website Advertising 3,604 - 3,604 Interest Income 116 - 116 Net Assets Released From Restrictions: Grant Restrictions Satisfied 754,067 (754,067) - TOTAL REVENUES, GAINS, AND OTHER SUPPORT 89L007 288,800 L179,807 Program Services: Advertising -Printed Marketing Advertising -Website Dues & Report Services Event Hosting FAM Tours / Site Visits Marketing Personnel Costs Promotional Items Trade Show Participation Travel & Entertainment Operational: Credit Card Processing Insurance Office Supplies Personnel Costs Printing Professional Fees Property Taxes Rent Telephone NET ASSETS, FEBRUARY 28, 2014 NET ASSETS, OCTOBER 3L 2014 213,804 27,316 32,435 2L981 15,986 298,066 9,260 20,382 17,779 L474 10,370 5,972 79,429 8,372 37,394 L642 37,087 3,346 TOTAL EXPENSES 842,095 CHANGE IN NET ASSETS 213,804 27,316 32,435 21,981 15,986 298,066 9,260 20,382 17,779 L474 10,370 5,972 79,429 8,372 37,394 L642 37,087 3,346 842,095 48,912 288,800 337,712 131,561 360,418 49L979 $ 180,473 $ 649,218 $ 829,691 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII See accompanying accountants'compilation report. 3 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Cash Flows For the Eight Month Period Ending October 31, 2014 CASH FLOWS FROM OPERATING ACTIVITIES Increase in Net Assets 337,712 Adjustments to reconcile change in net assets to net cash provided by operating activities: (Increase) decrease in operating assets: Inventory 381 Accounts Receivable (40,803) Increase (decrease) in operating liabilities: Compensated Absences Payable 1,570 Retirement Plan Payable (39) Credit Card Payable (1,953) Deferred Revenue - City Grants 17,306 Accounts Payable (5,220) NEI CASH PROVIDED BY OPERATING AC I IVITIES NEI INCREASE IN CASH BEGINNING CASH FEBRUARY 28, 2014 ENDING CASH OCI OBER 31, 2014 308,954 308,954 372,282 681,236 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII See accompanying accountants'compilation report. 4 Supplementary Information TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Revenue Sources For the Eight Month Period Ending October 31, 2014 and October 31, 2013 Revenue Sources - October 2014 2/0 3%_ 10% 84% * Interim TID funding amounts are estimated. 90/0 ■ TID Funding - $997,673' ■ Private Funding - $112,500 ■ City Grants - $32,694 • Other- $14,481 ■ Membership Dues - $25,558 Total -$1.182.906 Revenue Sources - October 2013 i% ■ TID Funding - $935,783 3% 2% 859 ■ Private Funding - $100,000 • City Grants - $30,753 ■ Other- $14,314 • Membership Dues - 517,917 Total -$1.098.767 See accompanying accountants' compilation report. 1 5 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Expense Allocation For the Eight Month Period Ending October 31, 2014 and October 31, 2013 Combined Activity: 100.0% 80.0% 60.0 40.0% 77. October 2014 21.9% • Props tn.w.. • etieeu`vul ■ lldl M(lnd. Sold 100% - 80% 60% 40'Y. 79.4% October 2013 20.0% 20-0% 0.4% 20% 0.6% 0.0% TID Activity (includes carryforward expenses): 100% 8096 October 2014 84% 16% ■ Atgcn Swoon ■ opn.uwvl 0% October 2013 • AoMtJn Sn.im ▪ OpttuWerl •(eM of Goode Sold ■ ▪ om•uoeul See accompanying accountants' compilation report. 6 Supplementary Information - Budget to Actual Reports TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU General Fund For the Eight Month Period Ending October 31, 2014 Actual Budget Actual Thru Budget Thru $ Over/(Under) Annual October 2014 October 2014 Oct 31, 2014 Oct 31, 2014 Budget Budget Income Merchandise Sales $ 1,440 $ 1,000 $ 7,073 $ 8,000 $ (927) $ 12,000 Membership Dues 625 3,250 25,558 26,000 (442) 39,000 Advertising - Website 134 635 3,604 5,080 (1,476) 7,620 Film, Commission 100 1,362 - 1,362 - Investment Revenue 19 20 116 160 (44) 240 Advertising - Print - 5,000 2,326 10,000 (7,674) 10,000 Private Funding 12,500 8,333 112,500 66,664 45,836 100,000 Total Income 14,818 18,238 152,539 115,904 36,635 168,860 Expense * Cost of Goods Sold - 450 3,099 3,600 (501) 5,400 Advertising - Printed Marketing 6,659 9,934 18,315 40,050 (21,735) 54,593 Personnel Costs -Operational 5,787 6,739 53,796 56,897 (3,101) 87,200 Telecommunications 485 500 3,346 4,000 (654) 6,000 Professional Fees 303 338 3,219 2,748 471 4,144 Bank Fees / Credit Card Processing 154 100 1,474 800 674 1,200 Insurance - 177 6,236 6,249 (13) 6,957 Property Tax - 1,642 1,560 82 3,366 Total Expense 13,388 18,238 91,127 115,904 (24,777) 168,860 Net Income/Loss $ 1,430 61,412 $ - $ 61,412 * Cost of Goods Sold: Budget includes all purchases (purchases sold and purchases in inventory). The inventory remaining at 10/31/14 is $10,872. See accompanying accountants' compilation report. 7 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU City Grants For the Eight Month Period Ending October 31, 2014 Income Film Commission * City Marketing ** Total Income Expense Film Commission City Marketing Total Expense Net Income/Loss Actual Budget Actual Thru Budget Thru $ Over/(Under) Annual October 2014 October 2014 Oct 31, 2014 Oct 31, 2014 Budget Budget 537 1,872 42,500 2,409 42,500 537 1,872 42,500 2,409 42,500 1,954 $ 7,500 1,872 42,500 3,826 50,000 1,954 7,500 1,872 42,500 3,826 50,000 (5,546) $ 7,500 (40,628) 42,500 (46,174) 50,000 (5,546) 7,500 (40,628) 42,500 (46,174) 50,000 *$7,500 was received in September 2014. The unspent balance in the amount of $5,546 is recorded as deferred revenue until spent. **$42,500 was received in September 2014. The unspent balance in the amount of $40,628 is recorded as deferred revenue until spent. See accompanying accountants' compilation report. 8 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU TID Fund For the Eight Month Period Ending October 31, 2014 Actual Budget Actual Thru Budget Thru $ Over/(Under) Annual October 2014 October 2014 Oct 31, 2014 Oct 31, 2014 Budget Budget Income Funding $ 116,084 $ 116,084 $ 997,673 $ 935,781 Total Income 116,084 116,084 997,673 935,781 61,892 $ 1,286,163 61,892 1,286,163 Expense Advertising / Marketing: Personnel Costs 30,645 39,899 206,658 376,077 (169,419) 561,243 Advertising Printed 20,207 46,737 95,324 238,557 (143,233) 310,440 Promotional Items 6,081 500 8,678 20,897 (12,219) 24,892 Event Hosting 2,001 1,625 11,804 12,850 (1,046) 17,826 Trade Show Participation 1,395 - 14,540 50,380 (35,840) 51,285 Advertising Website 868 1,218 21,594 25,059 (3,465) 33,518 Travel & Entertainment 817 6,901 6,901 32,722 (25,821) 41,823 Dues & Report Services 750 2,190 19,620 35,620 (16,000) 40,020 FAM Tours/Site Visits 527 2,450 14,105 16,700 (2,595) 22,550 Operational: Rent & Occupancy 6,504 4,336 27,725 37,163 (9,438) 54,312 Professional Fees 3,017 3,705 28,502 36,359 (7,857) 50,486 Personnel Costs 2,561 3,448 15,277 28,367 (13,090) 42,038 Printing 616 1,930 6,863 12,870 (6,007) 18,990 Office Supplies 442 500 5,066 7,000 (1,934) 9,000 Insurance 359 645 3,308 5,160 (1,852) 7,740 Total Expense 76,790 116,084 485,965 935,781 (449,816) 1,286,163 Net Income/Loss $ 39,294 511,708 $ - $ 511,708 See accompanying accountants' compilation report. 9 Supplementary Information TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Tourism Improvement District (TID) 2013/2014 Income, Expenses, and Carryover Funds TID TID TID TID TID Remaining Actual Expenses Carryover Balance Actual Expenses 2013/14 Revised Budget Mar '13 - Feb '14 At Feb 28, 2014 March -October 2014 Carryover Balance Revised Per Actual Revenue Income TID Funding $ 1,319,614 Total Income 1,319,614 Expense Advertising / Marketing 1,134,868= Operational 184,746 820,888 313,980 138,308 46,438 209,804 104,176 25,604 20,834 Total Expense $ 1,319,614 $ 959,196 $ 360,418 $ 235,408 $ 125,010 See accompanying accountants' compilation report. 10 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU City Grants 2013/14 Income, Expenses, and Deferred Revenue Income Film Commission City Marketing * City Grants City Grants Remaining City Grants City Grants City Grants 2013/14 Actual Expenses Deferred Revenue Actual Expenses Deferred Revenue* Original Budget Mar '13- Feb '14 At Feb 28, 2014 March -October 2014 Carryover Balance 5,000 3,926 40,000 1,074 1,074 16,818 23,182 22,119 1,063 Total Income 45,000 Expense Film Commission City Marketing 20,744 24,256 23,193 1,063 5,000 3,926 40,000 1,074 1,074 16,818 23,182 22,119 1,063 Total Expense 45,000 20,744 24,256 23,193 1,063 *$40,000 was received in October 2013. The unspent balance in the amount of $1,063 is recorded as deferred revenue until spent. See accompanying accountants' compilation report. 11 Revised: December 3, 2014 VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed pursuant to the PropertyandBusiness lmprovementDistrictLaw of1994 (Streets and Highways Code g36600 et seq.) Submitted by- Visit yVisit Temecula Valley 501(c)6 November 2014 U ""III"° IN E IIE IN C A LI IF 0 IR N III NNE COUNT. ' TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS L INTRODUCTION AND OVERVIEW 2 II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 11,MECULA VALLEY? III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT? .4 IV. VISIT TEMECULA VALLEY BUSINESS IMPROVEMENT DISTRICT BOUNDARY 5 V. A. Assessment 7 B. Determination of Special Benefit 7 C. Time and Manner for Collecting Assessments 7 D. Service Plan, Budget, and Programs to be Provided 8 E. Annual Service Plan .8 VI. BID GOVERNANCE 10 A. Visit Temecula Valley Tourism Business Improvement District Corporation Governance 10 B. Brown Act and California Public Records Act Compliance 10 C. Annual Report .10 APPENDIX 1 — LODGING BUSINESSES TO BE ASSESSED WITHIN THE VTVTBID 14 Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 1 I. INTRODUCTION AND OVERVIEW Developed by Visit Temecula Valley, formally known as the Temecula Convention and Visitor's Bureau, ("VTV") and the lodging businesses within the City of Temecula, the Visit Temecula Valley Tourism Business Improvement District (VTVTBID) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for lodging businesses within the City of Temecula. The VTV organization has successfully managed the existing Temecula Valley Tourism Business Improvement District since 2006. This approach has been used successfully in other destination areas throughout the country to improve tourism and drive additional room nights. The VTVTBID will be established pursuant to the Parking and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et seq.) (the "1994 Law") and will replace the existing Temecula Valley Tourism Business Improvement District established pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Section 36500 et seq.). An up to date version of the 1994 Law with all applicable amendments is available at http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml. Location: The exterior boundaries of the proposed VTVTBID are the boundaries of the City of Temecula (the "City"). The VTVTBID includes all lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020 ("Lodging Businesses") within these boundaries. There are no benefit zones within the VTVTBID. Services: Marketing and sales promotions designed to specifically benefit Lodging Businesses by increasing tourism and marketing the Temecula Valley as a tourist, meeting and event destination. Budget: The total VTVTBID annual budget for each year of its five (5) year operation is anticipated to be approximately $7,013,680.00. The amount of revenues raised by the annual assessment proposed to be levied in year one of the VTVTBID is anticipated to be approximately $1,402,736.00. The annual revenues for each year of the remaining four years of the VTVTBID's five-year term are expected to fluctuate in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the VTVTBID. The City shall retain from the assessments an amount equal to its actual expenses in establishing the VTVTBID, and 2% of collected assessments each year will be used to pay for collecting the assessments and administrative expenses of the City. Assessment: Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the VTVTBID assessment. New Lodging Businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 2 gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. Formation: The City Council may initiate proceedings to form the VTV I BID upon the submission of a written petition signed by the owners of Lodging Businesses within the proposed VTVTBID which will pay more than 50% of the assessments proposed to be levied. If the City Council, by resolution, declares its intention to establish the VTVTBID, the Council must hold a noticed meeting and a subsequent public hearing on the proposed establishment. The owners of the Lodging Businesses will receive a joint notice of the meeting and public hearing by mail. At the public hearing a protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. Duration: The proposed assessments shall be levied for five fiscal years, beginning with the fiscal year that commences on March 1, 2015 and ends on February 29, 2016. After the expiration of the five-year term, the City Council may renew the assessment pursuant to Section 36600 of the 1994 Law. For purposes of levying and collecting assessments within the VTV1BID, a fiscal year shall commence on March 1st and end on the following February 28th (or 29th); provided the City Council may, by resolution, designate the fiscal year as July 1to June 30th of the following year, or any other fiscal year, subject to all applicable requirements of the 1994 Law. Once per year beginning on the anniversary of the formation of the VTVTBID there shall be a 30 -day period in which owners of the Lodging Businesses paying more than 50% of the assessment may petition the City Council to terminate the VTV IBID. Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 3 II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE CITY OF TEMECULA VALLEY There are several reasons why now is the right time to form a VTVTBID in the City of Temecula; the most compelling reasons are as follows: TheNeedtoIncrease Occupancy The formation of the VTV I BID is a proactive effort to provide supplemental funding beyond that provided by the city. The funding will ensure that adequate financing exists for the investment required to increase occupancy in the lodging industry and be competitive in the conference segment of the tourism market. The investrnent will cover an expanded marketing and promotional budget needed to reach this market segment. 2. StableFundingforTourismPromotion The VTVTBID will provide a stable source of funding for consistent tourism promotion efforts. The VTVTBID will provide funding for tourism promotion free of political and economic circumstances. Temecula Lodging Businesses have benefitted from an existing Temecula Valley Tourism Business Improvement District for many years. The existing district requires the levy of assessments annually. The establishment of a business improvement district under the 1994 Law will provide stable funding over a five-year term, thereby allowing for more long-range planning and program implementation. Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 4 III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT? Tourism Business Improvement Districts (1BIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. TBIDs allow lodging and tourism -related business owners to organize their efforts to increase tourism. Tourism -related business owners within the district fund a TBID, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Business Improvement District services may include, but are not limited to: D Marketing of the Destination D Tourism Promotion Activities )%. Sales Lead Generation In California, TBIDs are formed pursuant to the Property and Business Improvement District Law of 1994 ("1994 Law"). This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between 1BIDs and other Jpedal benefit assessment districts is that funds raised are returned to the private non-profit corporation serving as the owners' association for the district. There are many benefits to Tourism Business Improvement Districts: D. Funds cannot be diverted for other government programs; D Tourism Business Improvement Districts are customized to fit the needs of each tourism district; D They allow for a wide range of services, including those listed above; D Tourism Business Improvement Districts are designed, created and governed by those who will pay the assessment; D They provide a stable funding source for tourism promotion. An up to date version of the 1994 Law with all applicable amendments is available at http://leginfolegislature.ca.gov/faces/codes_displayexpandedbranch.xhtml. Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 5 IV. TEMECULA V Y TBID BOUNDARY The VTV BID will include all Lodging Businesses, existing and future, within the boundaries of the City of Temecula. The boundaries of the City of Temecula currently include approximately 15 lodging businesses as shown on the map on the following page. A complete listing of Lodging Businesses wi the proposed VTVTBID can be found on Appendix 1 of this Plan. Temecula Valley Tourism Business Improvement District Management District Plan Page 6 Temecula Valley Tourism Business Improvement District Management District Plan Page 7 V. SERVICE PLAN AND BUDGET A. Assessment The annual assessment rate to be levied on each Lodging Business within the proposed VTV1BID is based on the estimated specific and special benefit to the Lodging Businesses. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the VTVTBID assessment. New Lodging Businesses established within the boundaries of the VTV 1BID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. Bonds will not be issued. The amount of assessment, if passed on to each transient, shall be separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. B. Determination of Special Benefit State law requires that assessment funds be expended on a specific benefit conferred directly to the payors that is not provided to those not charged, and which does not exceed the reasonable cost to the City of conferring the benefit. Further, the assessment may be utilized to provide a specific government service directly to the payors that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service. Funds will be managed by VTV, which will submit annual reports to the City. The specific and special benefit the VTVTBID will provide to Lodging Businesses, and will not provide to non -assessed businesses, is room night sales. In order to provide a specific and special benefit and government service only to payors which does not exceed the reasonable cost thereof, the marketing and promotion services provided with the VTVTBID funds will be designed specifically to drive room night sales to assessed Lodging Businesses. C. Time and Manner for Collecting Assessments The proposed assessments shall be levied for five fiscal years, beginning with the fiscal year which begins on March 1, 2015 and ends on February 29, 2016. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The funds collected will be distributed to the VTV Board. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of the 1994 Law and this Plan. Temecula Valley Tourism Business Improvement District Management District Plan Page 8 Each operator of a Lodging Business shall, on or before the thirtieth day of each month, commencing in March 2015, make a return to the City's Director or Finance, or his or her designee, (the "assessment administrator"), on forms provided by the assessment administrator, of the total rents charged and received for the immediately preceding month and the amount of assessment installment owed based on such rents. At such time, the full amount of the assessment installment shall be remitted to the assessment administrator and shall be delinquent if not paid by such date. If the thirtieth day of the month falls on a Saturday, Sunday, or City holiday, the return and payment shall be due on the first business day thereafter. Returns and payments are due immediately upon cessation of business for any reason and are delinquent thirty days thereafter. Each return shall be signed under penalty of perjury by a duly authorized agent of the operator. A return or payment made by mail shall be deemed received on the date shown on a postage cancellation stamp imprinted on the envelope in which the return or payment is received, or if a return or payment is made by means other than through the United States mail, a return or payment shall be deemed received on the date the payment is stamped "received" by the assessment administrator. Each assessment installment shall be subject to the same penalties and interest for nonpayment or fraud as are applicable to the transient occupancy tax pursuant to Chapter 3.20 of the Temecula Municipal Code. If any operator fails to make, within the required time, any report and remittance of the assessment installment or any required portion thereof, the assessment administrator shall proceed in such manner, as the assessment administrator deems best to obtain facts and information on which to base an estimate of the assessment installments due. As soon as the assessment administrator procures such facts and information as he or she is able to obtain upon which to base such estimate, the assessment administrator shall proceed to determine and assess against such operator the assessment installments, and applicable interest and penalties. In case such determination is made, the assessment administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the subject operator at his last place of business known to the assessment administrator. The operator may make application for a hearing in the manner set forth in Section 3.20.100 of the Temecula Municipal Code, and, in such case, the provisions of such Section 3.20.100 of this title shall govern the application, hearing, and determination of the assessment installment, interest and penalties, if any, by the assessment administrator. An operator may appeal the determination of the assessment administrator to the City Council in the manner set forth in Section 3.20.110 of the Temecula Municipal Code and, in such case, the provisions of such Section 3.20.110 shall govern the appeal and the findings of the City Council, which findings shall be final and conclusive. The amount of assessment installments, and applicable penalties and interest shall be deemed a debt owed to the City by the operator of a Lodging Business. An action may be commenced in any court of competent jurisdiction in the name of the City for the amount of such debt. In addition to the assessment installments, penalties and interest, the operator shall be liable to the City for the costs of collection of the amounts due and the enforcement, including, without limitation, all reasonable attorney fees, staff time and other costs of collection and litigation. Conviction and punishment of any person for failure to comply shall not relieve such person from paying any assessment installment, penalty or interest due and unpaid at the time of such conviction nor shall payment prevent prosecution of a violation of any of the above-described provisions. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy. Any operator of a Lodging Business or other person who fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Temecula Valley Tourism Business Improvement District Management District Plan Page 9 assessment administrator, or who renders a false or fraudulent return or clairn, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due pursuant to the VTVTBID is guilty of a misdemeanor. The assessment shall be levied on each Lodging Business in the VTVTBID and each such Lodging Business shall be solely responsible for paying all installments when due. Without disturbance of the foregoing, a Lodging Business may elect to recover some or all of the amount of the assessment from persons owing rent to the Lodging Business. The amount to be recovered from any such person may not exceed the amount of rent owed by that person, multiplied by four percent. The amount so recovered shall be separately identified or itemized on a document provided to that person. It shall be the duty of every operator of a Lodging Business to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of the assessments due. The assessment administrator shall have the authority to require the maintenance of certain records and the form of such records and shall have the right to inspect such records at all reasonable tirnes. Whenever the amount of any assessment installment, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City, it may be refunded provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the assessment administrator within one year of the date of payment. The claim shall be on forms furnished by the assessment administrator. No refund shall be paid unless the claimant established his right thereto by written records showing entitlement thereto. D. Service Plan Budget and Programs to be Provided: Service Plan Budget Summary — Fiscal Years 2015-2020 A summary of the annual service plan budget for the VTV I BID is provided on the following pages. The total five (5) year improvement and service plan budget is projected at approximately $1,402,736 annually. E. Annual Service Plan: The overarching message of the marketing program and some of its elements have been set out in this Plan the remaining details of the program will be developed by the City -appointed owners' association, which is answerable to the City Council. A service plan budget has been developed to deliver services throughout the VTVTBID. An annual service plan and budget will be developed and approved by the VTVTBID Owners' Association. Please see the budget exhibit below. The budget also includes a portion for contingencies and renewal of the District. Should the VTVTB ID Owners' Association approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the VTVTBID term and the Owner's Association chooses to renew, these remaining funds will be transferred to the renewed VTVTBID in accordance with the 1994 Law. Otherwise, any remaining funds will be spent consistent with this Plan or returned to assessed businesses in equal proportions to the assessment paid by each business. Temecula Valley Tourism Business Improvement District Management District Plan Page 10 Visit Temecula Valley Tourism Business Improvement District Annual Budget, Years One through Five Services Provided Descriptions Total SALES and MARK1TING — 80% ADMINISTRATIVE and OPERATIONS —13% • Office Administrauon/( )pccational Expenses • Legal/Accounting CITY ADMINISTRATION FEE — rip CONTINGENCY/RENEWAL - 5% Total Projected Revenue 51,122,189.00 $ 182,355.00 528,055.00 570,137.00 51,402,736.00 The Ciry Council hereby directs the implementation of a coordinated program of promotions. By adopting this Management District Plan, the City Council establishes programs that include the messages specified herein as may be modified by the Ciry Council. This Management District Plan sets forth the following contemplated activities for each year of operation of the VTV I'BID: Sales and Marketing A sales and marketing program will promote the Temecula Valley as a tourist destination for the benefit of the Lodging Businesses in the City of Temecula. The sales and marketing program will have a central theme of promoting the Temecula Valley and Temecula Va11ey Southern California Wine Country as desirable place to visit, and may include the following activities: • Internet marketing efforts to increase awareness and optimize into -net presence; • Print ads in magazines and newspapers targeted at potential visitors; • Television ads targeted at potential visitors; • Radio ads targeted at potential visitors; • Attendance of trade shows; ▪ Sales blitzes; • Familiarization tours; • Preparation and production of collateral promotional materials such as brochures, flyers and maps; • Attendance of professional industry conferences and affiliation events; • Lead generation activities designed to attract tourists and group events to Temecula Valley; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts; • Education of hospitality staff on service designed to bring repeat visits; and • Education of Lodging Business management and the Owners' Association on marketing strategies best suited to meet the their needs. create a visitor experience that will Temecula Valley Tourism Business Improvement District Management District Plan Page 1 1 Special Projects Special projects funding will be utilized to sponsor special events designed to attract visitors to the Temecula Valley. Administrative and Operations The administrative and operations portion of the budget shall be utili7ed for staffing costs, office costs, and other general administrative costs. City Administration Fee City of Temecula shall be paid a fee equal to 2% of the amount of assessment collected within the boundaries of the City from the Lodging Businesses each fiscal year, to cover its costs of collection and administration. F. Adjustments The City approved marketing plan shall remain consistent with the budgets above. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. T he VTV board shall have the authority to adjust budget allocations between the categories. Temecula Valley Tourism Business Improvement District Management District Plan Page 12 VI. VTVTBID GOVERNANCE A. Visit Temecula Valley Tourism Business Improvement District Governance The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets & Highways Code §36651, to identify the body that shall implement the proposed program. The Owners' Association of the VTVTBID as defined in Streets & Highways Code §36614.5 is the body that shall implement the proposed program. The City Council appoints VTV to serve as the Owner's Association for the VTVTBID. B. Brown Act and California Public Records Act Compliance The Owners' Association is subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act, designed to promote public accountability. The Owner's Association of a tourism business improvement district is considered a legislative body under California's open meeting act, the Ralph M. Brown Act (Government Code 554950 et seq.). Thus, meetings of the VTV board must be held in compliance with the public notice and other requirements of the Brown Act. A majority of the Board may not hear, discuss, deliberate or take action on matters within the subject matter jurisdiction of the VTVTBID except at a meeting complying with the requirements of the Brown Act. The Owner's Association is also subject to the record keeping and retention requirements of the California Public Records Act. C. Annual Report The VTV board shall present an annual report at the end of each year of operation to the Temecula City Council pursuant to Streets and Highways Code 36650. An up to date version of the 1994 Business Improvement District Law with all applicable amendments is available at ILLIt (lisi)layczwincledbratich.xlio In!. Per Section 36650, the City Council may approve the report as filed or modify it and approve it. Temecula Valley Tourism Business Improvement District Management District Plan Page 13 APPENDIX 1— LODGING BUSINESSES TO BE ASSESSED WITHIN THE VTVTBID 1. Best Western Wine Country 2. Embassy Suites 3. Extended Stay America 4. Fairfield Inn and Suites 5. Hampton Inn & Suites 6. Holiday Inn Express 7. La Quinta Inn & Suites 8. Motel 6 9. Palomar Hotel 10. Quality Inn Temecula 11. Ramada Inn 12. Rancho California Inn 13. Rodeway Inn 14. SpringHill Suites by Marriott 15. Temecula Creek Inn Temecula Valley Tourism Business Improvement District Management District Plan Page 14 EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. ,7,7,7e2GC Owner Reative/Owner Name (printed) ner/Representative Signature Title Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner `K,A-NC)\o CA ‘* ,. 5 7 Aic By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. j6v ()Loin-el / mc)t- i r Owner Representative/Owner Name (printed) Title Owner/Representative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner 0-‘,61).41 co)At 40,,,E By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.. ner Representative/Owner Name (printed) Title bG Owner/Rep t'senta ive Signature /1/ Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment prU Business Owner lv� 1-t co Brix-po A Rosy sTRL f'f By my signature bel above. that I am authorized to sign this Petition on behalf of the business listed Owner Represen T N^" it4cizAL e (printed) Title Owner '`epresentative Sid . 'ure Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner avi mmkG Re 4ve,v By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Aa ....Qc 6/, Owner Representative/Owner Name (printed) T ItiVA Owner/Representative SignatureDate The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner PIT/ LIQ By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. MAIttfirt Owner Representative/Owner Name (printed) The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2. doc EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Representative/Owner Name (printed Title Ow`' er/Representative ; ign. re The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\ 17 653 65v2. d o c -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment WANA.P-ro a* S Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Representative/Owner Name (printed) rY1,;,.1� Owner/Representative Signature P,k2 e.-“ Title Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 1108 6-0140\ 17 653 65 v 2. d o c -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment r?RLot-IAR s�nJ Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Live awn le (printed) 0 t LR nese tfrtive Signature The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc EXHIBITA MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner - #t 1 i .D L-C� By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. t c c Owner Representative/Owner Name (printed) Owner/Representative Signature tool / Ma 0( Title Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\ 17 653 65v2. d o c -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Representative/Owner Name (printed) Title Ov iii Representative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\ 17653 65v 2. d o c -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner 1-1-0— CAS\ I C,(2314, Al G •�-� c ; F. c v �4, At, C. By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. (e)r-7 (if /`?0 www �..�...-�.._ Owner Representative/Owner Name (printed) Title Owner/Representative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment s NC�h �� i -FES Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. 1 Own e= -rtati »,%Owner Name (printed) "` Title Owner R rareser .t five' i nature The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1 EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment 2. M ©D .D -1d wnlW..... Q av —rrivir=cap tJ (A -- 925"9Q Business Owner a By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. ® O..�.�.�.�.�. Owner Representative/Owner Name (printed) Title Owner/Representative Signage Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Pian should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2. doc EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner �Jr�<�r�, i�c yo 46/ By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Representa:tiye/Owner Name (printed Title p1 esentative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY Location: The exterior boundaries of the proposed TVTBID are the boundaries of the City of Temecula, and include all existing and future lodging businesses therein, being hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.040. There are no benefit zones within the proposed TVTBID. Services: For each year of the five years of operation of the proposed TVTBID, the revenue derived from the levy of assessments within the TVTBID will be used for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination that specially benefits the lodging businesses located and operating within the boundaries of the TVTBID. A portion of the assessments each year will be used to pay for administrative expenses of the City. Budget: The total TVTBID annual budget for the initial year of its five-year term is estimated to be $1,402,736.00. This budget is expected to fluctuate over the remaining four years of the five-year term of the proposed TVTBID in accordance with occupancy rates and rents charged by the operators of the lodging businesses within the TVTBID, but the budget is not anticipated to be significantly different each year. Assessment: The annual assessment to be levied each year for the five year term of the proposed TVTBID on each lodging business within the proposed TVTBID is four percent (4%) of the rent charged by the operator per occupied room per night. Extended stays, defined as more than 30 consecutive calendar days and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the levy of assessments. New lodging businesses established in the TVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Formation: The City Council may initiate proceedings to form the TVTBID upon the submission of a petition signed by owners of lodging businesses who will pay more than 50% of the assessments proposed to be leived. Individual documents from each business containing the required information for the Petition shall be collectively be considered the "petition" for the purposes of forming the TVTBID. The City Council must hold a noticed public meeting and a subsequent public hearing on the proposed TVTBID. If written protests are received by the City from the owners or authorized representatives of lodging businesses in the proposed TVTBID that will pay 50% or more of the assessments proposed to be levied, the City Council may not take any further proceedings to levy the proposed assessment against such businesses for a period of one year from the date of the finding of the majority protest. Duration: The proposed assessments may be levied for up to five years, beginning with fiscal year 2015-16 (March 1, 2015 through February 29, 2016). Once per year beginning on the anniversary of the formation of the TVTBID there will be a 30 -day period in which 11086-0140\1765365v2.doc -2-. EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY owners paying more than 50% of the assessments may petition the City Council to terminate the TVTBID. Collection: The assessments will be collected in monthly installments or such other installments as determined by resolution of the City Council. Management: The Temecula Convention & Visitors Bureau, a nonprofit corporation, will be responsible for managing funds and implementing the activities specified in the Management District Plan. 1108 6-0140\ 17 65 3 65 v 2, d o c -3- Temecula Valley Tourism Business Improvement District Management District Plan Page 7 EXHIBIT B MAP OF PROPOSED BOUNDARIES SrapArOrka ohm ��Y EEar Fi't -0im Gauntry lnrt d �DgPd�MYt td`uatxy CdrcrPafirta; PE'ud'Dd'0'YP, t ����ihWtli�t Rode. tlrm Ramada Holm 11086-0140\1765365v2.doc NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE ESTABLISHMENT OF THE VISIT TEMECULA VALLEY TOURISM BUSINESS DISTRICT AND LEVY OF AN ASSESSMENT ON LODGING BUSINESSES WITHIN THE DISTRICT NOTICE IS HEREBY GIVEN that on December 9, 2014, the City Council (the "Council") of the City of Temecula (the "City"), pursuant to the Property and Business Improvement District Law of 1994, adopted a Resolution of Intention to establish the Visit Temecula Valley Tourism Business District (the "VTVBID") and levy an assessment on lodging businesses (the "Lodging Businesses"), which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020, within the VTVBID, as set forth in the enclosed Resolution of Intention. NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on January 27, 2015, at the City of Temecula City Council Chambers, 41000 Main Street, Temecula, California, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the establishment of the VTVBID and the levy of assessments therein as set forth in the enclosed Resolution of Intention. NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on February 10, 2015, at the City of Temecula City Council Chambers, 41000 Main Street, Temecula, California, has been set as the time and place for a public hearing at which time the Council will consider establishing the VTVBID and levying assessments as set forth in the enclosed Resolution of Intention. Boundaries: Assessment: Budget: Purpose: The exterior boundaries of the proposed VTVBID are the boundaries of the City of Temecula. The annual assessment rate to be levied on each Lodging Businesses within the VTVBID boundaries is based on 4% of the rent charged by the operator per occupied room per night. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons, as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the VTVBID assessment. New Lodging Businesses established within the boundaries of the VTVBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. The total VTVBID budget for the first year of its five-year operation is anticipated to be approximately $1,402,736.00. This amount is expected to fluctuate over the remaining four years of the five-year term of the proposed VTVBID in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the VTVBID, but the amount is not anticipated to be significantly different each year. To provide tourism promotions and marketing programs that specifically and specially benefit the Lodging Businesses within the VTVBID by increasing tourism and marketing the Temecula Valley as a tourism destination. A portion of the assessments each year will be used to pay for administrative expenses of the City. The City shall forward the assessment revenues to Visit Temecula Valley ("VTV") which will have the responsibility of implementing VTVBID programs as more fully described in the Management District Plan approved by the Council on December 9, 2014 and on file with the City Clerk. Collection: The proposed assessment may be levied for a term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015, after which term the City may renew the assessment. For purposes of levying and collecting assessments within the VTVBID, a fiscal year shall commence on March lst d end on the following February 28th (or 29m). The City will collect the assessments from Lodging Businesses within the boundaries of the VTVBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. Protest: A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed VTVBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the Resolution of Intention, shall be taken for a period of one year from the date of the finding of a majority protest by the Council. You may mail or deliver a written protest to: Office of the City Clerk, City of Temecula 41000 Main Street, Temecula, California 92590 You may also appear at the public hearing and submit a written protest at that time. Information: Should you desire additional information about this proposed VTVBID or assessment contact: Christine Damko, Economic Development Office of the City Manager, City of Temecula 41000 Main Street, Temecula, California 92590 (951) 693-3952 Dated: December 12, 2014 PROOF OF SERVICE BY MAIL CITY OF TEMECULA RIVERSIDE COUNTY STATE OF CALIFORNIA , Randi Johl-Olson , declare as follows: I am a citizen of the United States, a resident of Riverside County, and am over 18 years of age. My business address is 41000 Main Street, Temecula, California 92590. On December 12, 2014, I provided notice of the following document: NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE ESTABLISHMENT OF THE VISIT TEMECULA VALLEY TOURISM BUSINESS DISTRICT AND LEVY OF AN ASSESSMENT ON LODGING BUSINESSES WITHIN THE DISTRICT AND RELATED RESOLUTION by causing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, to be deposited in the United States mail, to the recipients listed in the attachment to this Proof of Service. I declare, under penalty of perjury, that the foregoing is true and correct, Date Randi JaiICtsn, JD, MMC City Clerk Easy Peele Labels Use Avery® Template 5160® Best Westem Country Inn Attn: Steve Wright 27706 Jefferson Ave. Temecula, CA 92590 Fairfield Inn and Suites Attn: Marlene Altieri 27416 Jefferson Ave. Temecula, CA 92590 La Quinta Inn & Suites Attn: Vimal Patel 27330 Jefferson Ave. Temecula, CA 92590 Quality Inn Temecula Attn: Ken Westmyer 27338 Jefferson Ave. Temecula, CA 92590 Rodeway Inn Attn: Bob Patel 28718 Old Town Front St. Temecula, CA 92590 Etiquettes faciles a peler J Feed Paper Bend along line to expose Pop -Up Ed9erw Embassy Suites Attn: Greg Roberts 29345 Rancho California Rd. Temecula, CA 92591 Hampton Inn & Suites Attn: Nadine Steddom 28190 Jefferson Ave. Temecula, CA 92590 Motel 6 Attn: Gus Hammoude 41900 Moreno Rd. Temecula, CA 92590 Ramada Inn Attn: Mike Lad 28980 Old Town Front St. Temecula, CA 92590 Temecula Creek Inn Attn: Tom Demott 44501 Rainbow Canyon Rd. Temecula, CA 92592 Repllez a la hachure afin de QAVERY® szsoTMl Extended Stay America Attn: Hilda Fetzner 27622 Jefferson Ave. Temecula, CA 92590 Holiday Inn Express Attn: Kathy Lindeman 27660 Jefferson Ave. Temecula, CA 92590 Palomar Hotel Attn: Carlos Palma 28522 Old Town Front St. Temecula, CA 92590 Rancho California Inn Attn: Suresh Patel 41873 Moreno Rd. Temecula, CA 92590 SpringHill Suites by Marriott Attn: Marie Pranger 28220 Jefferson Ave. Temecula, CA 92590 www.averv.com CITY COUNCIL BUSINESS Item No. 16 Approvals City Attorney Finance Director Assistant City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: February 10, 2015 SUBJECT: Initiation of Proceedings to Disestablish the Existing Temecula Valley Tourism Business Improvement District (TVTBID) Established Pursuant to the Parking and Business Improvement Area Law of 1989 RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO DISESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT ESTABLISHED PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 BACKGROUND: In 2005, the City Council with the unanimous consent of the lodging businesses within the City, established the Temecula Valley Tourism Business Improvement District (the "TVTBID"). Since that time a 4% assessment has been made on the room rents for the lodging businesses. The revenue derived from this levy was used for marketing and promotions to increase tourism and market Temecula Valley area as a tourist destination that specially benefits lodging businesses located and operating within the City limits. Visit Temecula Valley (formerly known as the "Temecula Convention and Visitor's Bureau") was responsible for managing funds and implementing the activities specified in the Annual Report for the TVTBID. The TVTBID has been very successful and has succeeded in its goal of substantially increasing hotel stays in the City of Temecula. Visit Temecula Valley ("VTV") along will all of the lodging businesses within the City requested that the City undertake proceedings to convert the TVTBID from a business improvement district formed under the Parking and Business Improvement Area Law of 1989 to a business improvement district formed under the Property and Business Improvement District Law of 1994. 11086-0140\1772171v3.doc 1 Assuming the City Council established the new 1994 Act district earlier this evening through the public hearing process, the newly formed Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID"), will function the same way as the existing TVTBID with the only significant difference being that the initial assessment will have a duration of five years instead of being levied every year. This will allow the Convention and Visitor's Bureau as the manager of the District to project revenues over a five-year period and to develop long range projects for advertising and promotions for the benefit of lodging businesses within the City. The establishment of the new district means the existing TVTBID is no longer necessary. PROCEDURE FOR DISESTABLISH THE EXISTING TVTBID: Resolution of Intention. The City Council may initiate proceedings to disestablish the TVTBID by adoption of a resolution of intention. Public Hearing. The City Council must hold a noticed public hearing on the proposed disestablishment of the TVTBID. The public hearing will be held on March 10, 2015. The public hearing requires prior notice by publishing the Resolution of Intention one time at least seven days before the hearing and mailing the Resolution of Intention to the lodging businesses within seven days of its adoption by the City Council. The public hearing must be held not less than 20 or more than 30 days after the adoption of the Resolution of Intention. Ordinance Disestablishing TVTBID. Following the public hearing on March 10, 2015 on the disestablishment of the TVTBID, the Council would adopt an ordinance disestablishing the TVTBID. FISCAL IMPACT: The assessments for the new VTVTBID are the same as for the existing TVTBID. Lodging businesses will continue to collect a 4% assessment on room rents following the same process as used for the collection of the City's transient occupancy tax. ATTACHMENTS: 1. Proposed Resolution Declaring Intention to Disestablish TVTBID 2. Chapter 3.20 of Temecula Municipal Code (TVTBID) 11086-0140\1772171v3.doc 2 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO DISESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT ESTABLISHED PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (the "1989 Act"), authorizes the City Council to establish a parking and business improvement area and levy an assessment against businesses within the parking and business improvement area, which is in addition to any assessments, fees, charges, or taxes imposed in the City; and WHEREAS, on January 10, 2006, the City Council adopted Ordinance No. 05-17 establishing the Temecula Valley Tourism Business Improvement District (the "TVTBID") and a 2% assessment for lodging businesses within the TVTBID pursuant to the 1989 Act as Chapter 3.20 of the Temecula Municipal Code, and on January 26, 2010 the City Council adopted Ordinance No. 10-1 amending Chapter 3.20 of the Temecula Municipal Code to provide for a 4% assessment for lodging businesses within the TVTBID pursuant to the 1989 Act; and WHEREAS, the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600, et seq. (the "1994 Act"), authorizes the City Council to establish a property and business improvement district and levy an assessment against businesses within the property and business improvement district, which is in addition to any assessments, fees, charges, or taxes imposed in the City; and WHEREAS, on February 10, 2015, the City Council adopted a Resolution Establishing the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") and a 4% assessment for lodging businesses within the VTVTBID pursuant to the 1994 Act; and WHEREAS, the VTVTBID will provide a more stable funding and management mechanism and allow a more comprehensive business improvement program than has been possible through the TVTBID, and the City Council has determined that the existing TVTBID is no longer necessary due to the establishment of the VTVTBID; and WHEREAS, pursuant to Section 36550 of the 1989 Act, the City Council may disestablish the TVTBID by adopting an ordinance after a noticed public hearing on the matter; and WHEREAS, the City Council intends to disestablish the existing TVTBID; THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The recitals set forth herein are true and correct. Section 2. Pursuant to Section 36550 of the 1989 Act, the City Council declares its intention to disestablish the existing TVTBID. Section 3. The time and place for the public hearing to consider disestablishing the existing TVTBID is set for March 10, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California. Section 4. At the public hearing a protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. Section 5. Further information regarding the disestablishment of the existing TVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. Section 6. The City Clerk is directed to provide notice of the public hearing in accordance with Sections 36523 and 36550 of the 1989 Act, including mailing a complete copy of this resolution by first class mail to each owner of a lodging business within the existing TVTBID within seven (7) days following the City Council's adoption of this resolution and publishing this resolution in a newspaper of general circulation in the City once for at least seven (7) days before the public hearing. Section 7. Any assets acquired with revenues of the assessments levied within the TVTBID and any remaining revenues derived from the assessments levied within the TVTBID shall be transferred to the VTVTBID. Section 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2015. Jeff Comerchero, 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. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 1 of 8 Chanter 3.20 TRANSIENT OCCUPANCY TAX Note Prior ordinance history: Ord. 90-02 § 1 (3.25.010-3.25.140). 3.20.010 Short title. This chapter shall be known at the "Temecula Uniform Transient Occupancy Tax." (Ord. 05-16 § 1) 3.20.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes, but is not limited to, any hotel, inn, tourist home or house, motel studio hotel, bachelor hotel, lodging house, rooming house, apartment house, rental unit, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code Section 7280; provided, that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof. "Occupancy" means the use or possession or the right to the use or possession, of any room or rooms or portion thereof, offered for rent for dwelling, lodging or sleeping purposes. "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. "Tax administrator" means the city manager of the city of Temecula or the person designated by the city manager to act in the city manager's place. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an http://www.gcode.us/codes/temecula/view.php?topic=3-3 20&showAll=1&frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 2 of 8 agreement in writing between the operator and the occupant obliging the occupant to pay market rate for the occupancy for a period of at least thirty-one consecutive days. The tax administrator may develop and promulgate standard forms setting for the minimum substance of such agreements, and may require submission of such forms with the returns required by Section 3.20.070 of this chapter. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. (Ord. 05-16 § 1) 3.20.930 Rate. A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. Such tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator of the hotel at the same time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. B. In the event that an agreement exists between the hotel and any person for occupancy, as defined in this chapter, for a period in excess of thirty days, and in the event that such person allows occupancy by another person for thirty days or fewer as subtenant, guest, licensee or permittee, the person who has made the agreement with the hotel as aforesaid shall be subject to and shall pay the tax provided for herein. (Ord. 05-16 § 1) 3.20.040 Exemptions. No tax shall be imposed upon: A. Any officer or employee of the United States of America when traveling on official business; B. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; No exemption shall be granted except upon a claim in writing made at the time rent is collected upon a form complying with subsection (e) of Section 7280 of the Revenue and Taxation Code. The tax administrator may require submission of copies of such forms with the returns required by Section 3.20.070 of this chapter. (Ord. 05-16 § 1) 3.20.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner hereinafter provided. (Ord. 05-16 § 1) 3.20.060 Registration and certificate A. Within thirty days after commencing business each operator of any hotel shall register with the tax administrator. Upon registration, each hotel operator shall obtain a transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises. http://www.gcode.us/codes/temecula/view.php?topic=3-3µµw20&showAll=1&frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 3 of 8 B. Such certificate shall, among other things, state the following: 1. The name of the operator; 2. The address of the hotel; and 3. The date upon which the certificate was issued. C. In addition, such certificate shall bear the following text: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform Transient Occupancy Tax by registering with the Tax Administrator for the purpose of collecting from Transients the Transient Occupancy Tax and remitting such tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit." (Ord. 05-16 § 1) 3.20.070 Re ' ortin ' and remittin Each operator shall, on or before the last day of the month following the close of each calendar month or of such different reporting period as may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received, the amount of tax collected for transient occupancies, and such other information as may be reasonably required. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish either shorter or longer reporting periods for any individual certificate holder or category of certificate holders if the tax administrator deems it necessary or desirable in order to insure collection of the tax or to increase the efficiency of its administration. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. The return and tax payment shall be deemed timely made if postmarked by the United States Postal Service on the date due. (Ord. 09-07 § 1; Ord. 05-16 § 1) 3.20.080 Reporting and remitting upon cessation or transfer of business. A. An operator who is transferring, selling, or terminating its business shall notify the tax administrator in writing at least thirty days in advance of the date of transfer, sale, or termination. If the decision to sell, transfer, or terminate the business is made fewer than thirty days before the transfer, sale, or termination occurs, the operator shall notify the tax administrator immediately upon making that decision and in no event later than the date of transfer, sale, or termination. The operator shall at the same time notify in writing any purchaser or transferee of its hotel of the purchaser's or transferee's potential responsibility for unpaid collected taxes if any, as set forth in this section and in Revenue and Taxation Code Section 7283.5. B. Upon cessation of business, whether by sale, transfer, termination, an operator shall, on or before the same day of the next month following the cessation of business, or on the last day of that month if no corresponding day exists, make a return to the tax administrator on approved forms of the total taxable rents charged, the amount of tax collected for the reporting period ending on the cessation date, remittances made if any, and the balance of the tax due. The balance of tax due if any shall be remitted to the tax administrator at the time the final return is filed. After filing the final return and remitting the balance due, the operator shall make its records of account available for a closeout audit by the tax administrator or his or her designee. Returns filed and taxes remitted and actually received by the tax administrator on or before the same day of the next month following cessation of business, or on the last day of that month if no corresponding day http://www.gcode.us/codes/temecula/view.php?topic=3-3^20&showAll=1&frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 4 of 8 exists, shall be timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by this chapter. C. Any person purchasing an ongoing hotel business may apply to the tax administrator for a tax clearance certificate showing the tax due, if any, from the selling operator as of a date specified in the tax clearance certificate request. For purposes of this section, successive hotel businesses conducted without substantial interruption at the same hotel shall constitute an ongoing hotel business. 1. The issuance and effect of such certificates shall be as set forth in Revenue and Taxation Code Section 7283.5. 2. Before requesting records and conducting the audit permitted by subdivision (b) of Revenue and Taxation Code Section 7283.5, the tax administrator shall proceed in such manner as he or she may deem best to obtain facts and information on which to base an estimate of the tax due. The tax administrator shall notify the selling operator of this estimate when requesting records for audit. If the selling operator fails to provide records in response to the request within thirty days after the serving or mailing of the estimate and record request, the tax administrator may issue a tax certificate in the amount of the estimate. 3. By resolution, the city may set an administrative fee for issuance of any such certificate. (Ord. 05-16 § 1) 3.20.090 Penalties and interest. A. Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in additional to the amount of the tax and the ten percent penalty first imposed. C. Fraud. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section. D. Interest. In additional to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent per month for each month or portion of a month that the tax shall be delinquent on the amount of the tax, exclusive of penalties, from the date on which the tax first became delinquent until paid. The interest shall be computed on a monthly basis and shall not be subject to proration for any portion of a month. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. F. Collection. In addition to all other remedies the city may have in the collection of the tax, the city may initiate legal proceedings against the operator for the collection of all amounts due to the city pursuant to this chapter. In such action the city shall be entitled to receive its reasonable attorney's fees and costs of collection from the operator. (Ord. 05-16 § 1) 3.20.100 Failure to collect and report tax. A. If any operator shall fail or refuse to collect the tax and to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as the tax administrator may deem best to obtain facts and information on which to base an estimate of the tax due. http://www.gcode.us/codes/temecula/view.php?topic=3-3_20&showAll=1&frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 5 of 8 B. As soon as the tax administrator shall procure such facts and information as the tax administrator is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the tax administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In the event such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last address known to the tax administrator. C. Such operator may within ten days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. D. If such application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed in this chapter to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.20.110 of this chapter. (Ord. 05-16 § 1) 3.20 110 Appeal.�....... . A. Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties or other decisions of the tax administrator ("tax determination"), may appeal the tax determination pursuant to the provisions of this section. Any operator appealing the tax determination pursuant to the provision of this section shall pay the costs of a hearing officer to hear the appeal, unless such operator substantially prevails on the appeal. B. The right to file a written appeal shall terminate upon the expiration of fifteen calendar days of the date of the serving or mailing of the tax determination. The written appeal shall be filed with the city clerk of the city of Temecula and shall be accompanied by an appeal fee in an amount as set by city council resolution, which amount shall include a deposit for the costs of the hearing officer. The city clerk shall promptly forward a copy of the appeal to the tax administrator. C. In the event an appeal is timely filed, the tax determination shall not be effective until a final decision has been rendered by the hearing officer pursuant to this section. If no timely appeal is filed, the tax determination shall become effective upon expiration of the period for filing appeals. D. Upon receipt of a timely appeal, the city clerk shall select a hearing officer to conduct the appeal hearing. Not later than fifteen days after the filing of the notice of appeal, the city clerk shall notify the tax administrator and operator of the name of the proposed hearing officer. The tax administrator or operator may reject a proposed hearing officer once without cause and any subsequent proposed hearing officers only on the basis of actual bias upon notifying, not later than five days after the date of mailing the notice of the name of the proposed hearing officer, the city clerk in writing that he or she elects to reject the proposed hearing officer. The hearing officer shall be fair, impartial, and knowledgeable in municipal affairs, and shall have no bias for or against the tax administrator or operator. E. The city clerk shall then set the hearing for a date not less than fifteen days after the mailing of the notice of hearing nor more than thirty days after the mailing of the notice of hearing. The parties may in writing agree to a continuance of the hearing date. On the motion of a party and for good cause shown, the hearing officer may continue the initial hearing date. http://www.gcode.us/codes/temecula/view.php?topic=3-3_20&showA11=1&frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 6 of 8 F. At the appeal hearing, the hearing officer shall receive oral and written evidence from the tax administrator and operator. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have full and complete authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The tax administrator shall have the burden of proof to es- tablish by clear and convincing evidence the facts upon which tax determination is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. G. The hearing officer may uphold, modify or reverse the tax determination. Within ten days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision and file it with the city clerk. The findings of the hearing officer shall be final and conclusive. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the tax administrator and operator, along with a proof of mailing. If the appellant prevails following a final decision, the appeal fee shall be returned without interest. Any amount found to be due shall be due and payable within ten days upon the service of notice. H. Any legal action challenging the hearing officer's decision shall be filed within ninety days of the date of the proof of service of mailing of the hearing officer's decision, pursuant to Section 1094.5, et seq. of the California Code of Civil Procedure. I. The provision of this section shall be the exclusive appeal procedure for decisions under this Chapter 3.20 and the provisions of Chapter 2.36 of this code shall not be applicable to decisions under this chapter. (Ord. 09-07 § 2; Ord. 05-16 § 1) 3.20.120 Records and audits. A. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of four years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. B. Such records shall be made available to the city at operator's regular place of business, but in no event outside the county of Riverside. C. Should any examination or audit of operator's records reveal an underpayment of any fee required under this chapter, the amount of such underpayment shall become due and payable to the city not later than fifteen days after written notice of such underpayment is sent to operator by the city. Should an underpayment of more than three percent be discovered, operator shall bear the entire cost of the audit. D. All tax returns and information furnished by any operator pursuant to this chapter shall be confidential and shall not be open to public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this chapter, or in the course of any proceeding, hearing or litigation involving the existence or amount of the tax liability of such operator, or with the written consent of the operator or his authorized representative. (Ord. 05-16 § 1) 3.20.130 Refunds. http://www.gcode.us/codes/temecula/view.php?topic=3-3^20&showAll=1 &frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 7 of 8 A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B and C of this section. No refund shall be issued except upon a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, filed with the tax administrator within one year of the date of payment. The claim shall be on forms furnished by the tax administrator. Each person seeking a refund must file an individual claim; no class claims shall be recognized. B. Claim by Operator. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a man- ner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. Claim by Transient. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection A of this section, but only when the tax was paid by the transient directly to the tax administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. Evidence. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. (Ord. 05-16 § 1) 3.20 .140 Tax declared a debt; action to collect, A. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owned by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovering of such amount. B. Failure of an operator to collect tax required to be paid by any transient shall not excuse the operator's obligation under this chapter. An operator must pay to the city any tax required to be paid by any transient, whether or not the operator collects such tax from that transient. C. If any amount required to be paid to the city under this chapter is not paid when due, the tax administrator may, within ten years after the amount is confirmed according to the procedure set forth in Section 3.20.070 or Section 3.20.080 of this chapter, as applicable, file for record in the office of the Riverside County recorder a certificate specifying the amount of tax, penalties, and interest due; the name and address, as it appears on the tax administrator's records, of the operator liable for the tax, penalties, and interest; and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of filing for record, the amount of the tax, penalties, and interest constitutes a lien upon any real property in the county owned by the operator or acquired by the operator thereafter. This lien has the force, effect, and priority of a judgment lien and shall continue for ten years from the time of filing of the certificate, unless sooner released or otherwise discharged, or unless renewed for subsequent periods in the manner prescribed by law. D. The amounts required to be paid by any operator under this chapter with penalties and interest shall be satisfied first in any of the following cases: 1. Whenever the operator is insolvent; 2. Whenever the operator makes a voluntary assignment of its assets; http://www.gcode.us/codes/temecula/view.php?topic=3-3_ 20&showAll=1 &frames=on 01/29/2015 Chapter 3.20 TRANSIENT OCCUPANCY TAX Page 8 of 8 3. Whenever the estate of the operator in the hands of executors, administrators, heirs, or receivers is insufficient to pay all debts; 4. Whenever the estate and effects of an absconding, concealed, or absent operator required to pay any amount under this chapter are levied upon by process of law. (Ord. 05-16 § 1) 3 20.150 Violations designated misdemeanor. Any operator or other person who fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter, is guilty of a misdemeanor. (Ord. 05-16 § 1) View the mobile version. http://www.gcode.us/codes/temecula/view.php?topic=3-3_20&showAll=1 &frames=on 01/29/2015 REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) vt\\ Subject: Agenda Item No. For Against Request to Speak forms for Public Comment or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium an state yo r namefor the recor4.1 Name: Y/1/L / Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: )-4D/, I wish to speak on: Subject: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Agenda Item No. is For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: Kelm- �eS-� inec- Address: Phone Number: If you are representing an organization or group, please give the name: U isi4 Tea., Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.