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AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 22, 2016 –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.
5:30 PM - The City Council will convene in Closed Session in the Canyons Conference
Room on the third floor of the Temecula City Hall concerning the following matters:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council
will meet in closed session with the City Attorney pursuant to Government Code
Section 54956.9(d)(1) with respect to three matters of pending litigation: (1) Hill v.
City of Temecula, Riverside County Superior Court No. RIC1501349; (2) Los
Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior
Court No. RIC1512880; and (3) Scharpen Foundation v. Kamala Harris et al;
Riverside County Superior Court No. RIC1514022.
2. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council
will meet in closed session with the City Attorney pursuant to Government Code
Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has
been reached where, in the opinion of the City Attorney, based on existing facts and
circumstances, there is a significant exposure to litigation involving the City.
Next in Order:
Ordinance: 16-03
Resolution: 16-18
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Anjali Sivanandan
Invocation: Reverend Crystal Magon of Center for Spiritual Living Temecula
Valley
Flag Salute: To Be Announced
ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar
1
PRESENTATIONS/PROCLAMATIONS
Presentation of Certificates in Recognition of California Journey (CJ), Best In Show
Winner at the Westminster Kennel Club Dog Show
Presentation of Certificate of Achievement to Bridget Brown of Troop #1299 for Earning
the Girl Scout Gold Award
Presentation by General Manager Jeffrey Armstrong of Rancho California Water District
PUBLIC COMMENTS
A total of 30 minutes is provided for members of the public to 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 may 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
may 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 March 8, 2016
RECOMMENDATION:
2.1 That the City Council approve the action minutes of March 8, 2016.
2
3 Approve the List of Demands
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions
RECOMMENDATION:
4.1 That the City Council receive the report regarding the status of upcoming
vacancies on Boards and Commissions.
5 Adopt Ordinance 16-02 Approve Planning Application Numbers PA14-0051 and
PA15-1664, Development Agreement and Specific Plan Amendments to Modify the
Roripaugh Ranch Development Agreement and Specific Plan Timing Requirements for
Improvements Required by the Existing Approvals for Phase II of Roripaugh Ranch
(Second Reading)
RECOMMENDATION:
5.1 That the City Council adopt an ordinance entitled:
ORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE RORIPAUGH
RANCH PROJECT (PLANNING APPLICATION NO. PA14-
0051)
6 Approve the Sponsorship and Economic Development Funding Agreement with the
Temecula Valley Balloon and Wine Festival Association for the "Temecula Valley
Balloon &Wine Festival" Event to be Held on May 20 - 22, 2016
RECOMMENDATION:
6.1 That the City Council approve the Sponsorship and Economic Development
Funding Agreement with the Temecula Valley Balloon and Wine Festival
Association for $30,000, in-kind promotional services and the use of the
Conference Center for a day to train volunteers valued at $3,865, and the use of
traffic control devices valued at $3,200, for the 2016 Temecula Valley Balloon &
Wine Festival to be held on May 20—22, 2016.
3
7 Approve an Agreement for Consulting Services with Environmental Science Associates
for an Environmental Impact Report for the Proposed Cypress Ridge Development
RECOMMENDATION:
7.1 That the City Council approve an Agreement with Environmental Science
Associates, in the amount of $152,850, for the Preparation of an Environmental
Impact Report for the Proposed Cypress Ridge Development.
8 Approve WRCOG BEYOND Framework Fund Program Funding Agreements for Six
Projects and Authorize the Mayor to Execute the Agreements
RECOMMENDATION:
8.1 That the City Council approve WRCOG BEYOND Framework Fund Program
Funding Agreements for Six Projects and Authorize the Mayor to execute the
Agreements on behalf of the City in substantially the form on file in the Office of
the City Clerk.
9 Approve a Declaration of Covenants, Conditions and Restrictions (Public Street
Dedication) for Public Improvements in Connection with the Interstate 15 / State Route
79 South Ultimate Interchange Project, PW04-08
RECOMMENDATION:
9.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS (PUBLIC STREET
DEDICATION) IN CONNECTION WITH THE INTERSTATE 15 /
STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE
PROJECT, PW04-08
10 Approve the Non-Exclusive Commodity Agreement with JTB Supply Company, Inc. for
Traffic Signal Equipment
RECOMMENDATION:
10.1 That the City Council approve the Non-Exclusive Commodity Agreement with
JTB Supply Company, Inc., in the amount of $60,000, for the purchase of
miscellaneous Traffic Signal Equipment.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND
THE TEMECULA PUBLIC FINANCING AUTHORITY
********************
4
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: CSD 16-01
Resolution: CSD 16-02
CALL TO ORDER: President Jeff Comerchero
ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero
CSD PUBLIC COMMENTS
A total of 30 minutes is provided for members of the public to 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 may 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
may 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.
11 Approve the Action Minutes of March 8, 2016
RECOMMENDATION:
11.1 That the Board of Directors approve the action minutes of March 8, 2016.
12 Approve the First Amendment to the Agreement with San Dieguito Printers for Printing
Services
RECOMMENDATION:
12.1 That the Board of Directors approve the First Amendment to extend the current
Agreement with San Dieguito Printers for one (1) additional year ending on
December 31, 2016, for printing services of two (2) issues of the Guide to
Leisure Activities brochure. The cost of printing the brochure is as follows:
Fiscal Year 2015-16 $19,549.80, plus a 10% contingency of$1,954.98
Fiscal Year 2016-17 $19.549.80, plus a 10% contingency of$1,954.98
5
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, April 12, 2016, 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 MEETING
Next in Order:
Ordinance: TPFA 16-01
Resolution: TPFA 16-01
CALL TO ORDER: Chairperson Mike Naggar
ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar
TPFA PUBLIC COMMENTS
A total of 15 minutes is provided for members of the public to 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 may be filled out and filed with the City Clerk prior to
the Board of Directors addressing Public Comments and the Consent Calendar. Once the
speaker is called to speak, please come forward and state your name for the record.
For all Public Hearing or Authority Business items on the agenda, a Request to Speak
form may be filed with the City Clerk prior to the Board of Directors addressing that item.
Each speaker is limited to five minutes.
TPFA BUSINESS
13 Approve the Interpretation of the Prepayment Provisions of the Rate and Method of
Apportionment for Community Facilities District No. 03-02 — Roripaugh Ranch
RECOMMENDATION:
13.1 That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
INTERPRETING THE PREPAYMENT OF SPECIAL TAX
PROVISIONS OF THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX FOR THE TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
7
14 Establish New Community Facilities District No. 16-01 — Roripaugh Ranch Phase 2,
Authorize the Levy of Special Taxes and Declare Intention to Incur Bonded
Indebtedness
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL
TAXES THEREIN — RORIPAUGH RANCH PHASE 2
14.2 Adopt a resolution entitled:
RESOLUTION NO TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF
THE PROPOSED TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
TPFA EXECUTIVE DIRECTOR REPORT
TPFA BOARD OF DIRECTORS REPORTS
TPFA ADJOURNMENT
Next regular meeting: Tuesday, April 12, 2016, at 5:30 PM, for a Closed Session, with regular
session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula,
California.
a
RECONVENE TEMECULA CITY COUNCIL
CITY COUNCIL BUSINESS
15 Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code
Regarding Prima Facie Speed Limits on Certain Streets
RECOMMENDATION:
15.1 That the City Council introduce and read by title only an ordinance entitled:
ORDINANCE NO. 16-
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 JOINT MEETING OF
THE CITY COUNCIL, OLD TOWN LOCAL REVIEW BOARD
AND COMMUNITY SERVICES COMMISSION
********************
JOINT MEETING OF THE CITY COUNCIL, OLD TOWN LOCAL REVIEW BOARD AND
COMMUNITY SERVICES COMMISSION
CALL TO ORDER: Mayor Mike Naggar
ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar
Baimbridge, Blair, Malmstrom, Puma, Moore
Borgeson, Levine, Nelson, Schwank, Willis
16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local
Review Board
16.1 That the City Council conduct the annual joint meeting between the City Council
and the Old Town Local Review Board.
17 Conduct Annual Joint Meeting Between the City Council and the Community Services
Commission
RECOMMENDATION:
17.1 That the City Council conduct the annual joint meeting between the City Council
and the Community Services Commission.
JOINT MEETING ADJOURNMENT
9
RECONVENE TEMECULA CITY COUNCIL
DEPARTMENTAL REPORTS
18 Community Development Monthly Report
19 Police Department Monthly Report
20 Public Works Department Monthly Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, April 12, 2016, 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.org — and will be
available for public viewing at the respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the
agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,
8:00 AM—5:00 PM). In addition, such material will be made available on the City's website—www.cityoftemecula.org—and will be
available for public review at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-
6444.
10
PRESENTATIONS
City of Temecula
Certificate of Recognition
Presented on behalf of the City Council and the
citizens of the City of Temecula to:
Valerie Nunes-Atkinson
The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the
Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show
name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing
199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the
Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his
first year of campaign.
CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and
Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of
the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in
2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels
is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide.
We are proud of CJ and his owners' accomplishments and wish them continued success in their future.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this
twenty-second day of March, 2016.
Michael S. Naggar, Mayor
Randi Johl, City Clerk
City of Temecula
Certificate of Recognition
Presented on behalf of the City Council and the
citizens of the City of Temecula to:
Yvonne Hassler-Deterding
The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the
Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show
name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing
199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the
Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his
first year of campaign.
CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and
Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of
the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in
2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels
is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide.
We are proud of CJ and his owners' accomplishments and wish them continued success in their future.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this
twenty-second day of March, 2016.
Michael S. Naggar, Mayor
Randi Johl, City Clerk
City of Temecula
Certificate of Recognition
Presented on behalf of the City Council and the
citizens of the City of Temecula to:
Alice Manning
The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the
Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show
name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing
199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the
Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his
first year of campaign.
CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and
Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of
the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in
2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels
is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide.
We are proud of CJ and his owners' accomplishments and wish them continued success in their future.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this
twenty-second day of March, 2016.
Michael S. Naggar, Mayor
Randi Johl, City Clerk
City of Temecula
Certificate of Recognition
Presented on behalf of the City Council and the
citizens of the City of Temecula to:
Mark and Laurie Ulrich
The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the
Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show
name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing
199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the
Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his
first year of campaign.
CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and
Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of
the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in
2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels
is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide.
We are proud of CJ and his owners' accomplishments and wish them continued success in their future.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this
twenty-second day of March, 2016.
Michael S. Naggar, Mayor
Randi Johl, City Clerk
rjr
The City of Temecula
Certificate of A ch ievemen t
The City Council of the City of Temecula commends
the outstanding achievement of
Bridget Brown
Of
Troop #1299
We congratulate Bridget for receiving the Girl Scout Gold Award, which is the highest
achievement earned in Girl Scouting. We are proud of Bridget's accomplishment and wish
her continued success in her promising and bright future.
IN WITNESS WHEREOF, I have
hereunto affixed my hand and official
seal this twenty-second day of March,
2016.
Michael S. Naggar, Mayor
Randi Johl, 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, City Clerk
DATE: March 22, 2016
SUBJECT: Waive Reading of Standard Ordinances and Resolutions
PREPARED BY: Randi Johl, 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
Item No. 2
Revised Action Minutes
March 8, 2016 City Council Meeting
(Revisions Made to Item 14)
ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 8, 2016 — 7:00 PM
The City Council meeting convened at 7:01 PM.
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Chaparral High School 2016 Spring Musical "The Addams Family"
Invocation: Shawn Burgess of the Temecula Baha'i Community
Flag Salute: Council Member Maryann Edwards
ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar
PRESENTATIONS/PROCLAMATIONS
Presentation of Certificates of Participation to 2016 Youth in Government Program
Participants
Presentation of Certificate of Recognition to Mr. Jeff Waugh
PUBLIC COMMENTS
The following individuals addressed the City Council:
• Wayne Grajczyk
• Andrea Wells
• Jennifer Schwank
• Connor Edwards
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
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.
Action Minutes 030816 1
2 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
2.1 That the City Council approve the action minutes of February 23, 2016.
3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council
Member Comerchero absent) Council Member Edwards made the motion; it was
seconded by Council Member McCracken; and electronic vote reflected approval
by Council Members Edwards, McCracken, Naggar and Rahn with Council
Member Comerchero absent.
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-15
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 January 31, 2016 — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
4.1 That the City Council approve and file the City Treasurer's Report as January 31,
2016.
5 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton for
an Economic Development Retail Recruitment Report and Visitor Analysis — Approved
Staff Recommendation (4-0, Council Member Comerchero absent) Council
Member Edwards made the motion; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members Edwards,
McCracken, Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
5.1 Appropriate $10,000 from undesignated fund balance to the Economic
Development Department's operating budget to cover the scope of work to be
completed this fiscal year.
5.2 Approve the First Amendment to the Agreement with Buxton Company
dba: Buxton, in the amount of $50,000, for an Economic Development Retail
Recruitment and Visitor Analysis Report for Fiscal Year 2016-17.
Action Minutes 030816 2
6 Approve the Sponsorship Agreement with His Venture for the 2016 Old Town Grand
Prix and Health Fair (At the Recommendation of the Economic Development Committee
Mayor Pro-Tem Edwards and Council Member Comerchero) — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
6.1 That the City Council approve the Sponsorship Agreement with His Venture for
city-support costs, in the amount of $5,600 and in-kind promotional services of
$11,415, for the 2016 Old Town Grand Prix and Health Fair.
7 Approve the Second Amendment to the Exclusive Negotiating Agreement with Truax
Development for the Potential Disposition of Property Located on Main Street in the City
of Temecula (APNs 922-360-004, 005 006 007) — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
7.1 That the City Council approve the Second Amendment to the Exclusive
Negotiating Agreement (ENA) between the City of Temecula and Truax
Development (Truax) for the potential disposition and development of the
property located on Main Street in the City of Temecula (APNs 922-360-004,
005, 006, 007) (Subject Property).
8 Award a Construction Contract to DDH Apple Valley Construction Inc. for the Old Town
Front Street Pavement and Storm Drain Rehabilitation. PW12-14 — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
8.1 Award a Construction Contract to DDH Apple Valley Construction, Inc., in the
amount of $794,286.50, for the Old Town Front Street Pavement and Storm
Drain Rehabilitation, PW12-14;
8.2 Authorize the City Manager to approve Change Orders not to exceed the
contingency amount of $158,857.30, which is equal to 20% of the Contract
amount;
8.3 Make a finding that the Old Town Front Street Pavement and Storm Drain
Rehabilitation is exempt from Multiple Species Habitat Conservation Plan
(MSHCP) fees.
Action Minutes 030816 3
9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation
Program — Rancho California Road. PW10-12 — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
9.1 Accept the construction of the Pavement Rehabilitation Program — Rancho
California Road, PW 10-12, as complete;
9.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one-year Maintenance Bond in the amount of
10% of the Contract amount;
9.3 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
10 Approve Payment to Riverside County Flood Control District (RCFCD) for the City of
Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa
Margarita Watershed for Fiscal Year 2015-16 — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
10.1 Approve payment to Riverside County Flood Control District (RCFCD), in the
amount of $431,073.53, for the City of Temecula's Portion of the Regional
Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year
2015-16.
11 Receive and File Temporary Street Closure for Temecula Grand Prix Bicycle Race —
Approved Staff Recommendation (4-0, Council Member Comerchero absent)
Council Member Edwards made the motion; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members Edwards,
McCracken, Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
11.1 That the City Council receive and file the following proposed action by the City
Manager:
Temporarily close certain streets for the Temecula Grand Prix Bicycle Race
Special Event.
RECESS
At 7:37 PM, the City Council recessed and convened as the Temecula Community Services
District Meeting. At 7:54 PM, the City Council resumed with the remainder of the City Council
Agenda.
Action Minutes 030816 4
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
14 Approve Planning Application Numbers PA14-0051 and PA15-1664. Development
Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch
Development Agreement and Specific Plan Timing Requirements for Improvements
Required by the Existing Approvals for Phase II of Roripaugh Ranch
14.1 and 14.2 - Approved Staff Recommendation (3-0, Council Member Naggar
and Council Member Comerchero absent) Council Member Rahn made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken and Rahn with
Council Member Naggar absent by leaving the Chambers and Council
Comerchero absent.
14.3 - Approved Staff Recommendation (3-0, Council Member Naggar and Council
Member Comerchero absent) Council Member McCracken made the motion; it
was seconded by Council Member Rahn; and electronic vote reflected approval
by Council Members Edwards, McCracken and Rahn with Council Member Naggar
absent by leaving the Chambers and Council Member Comerchero absent.
The City Attorney publically explained the circumstances under which Council
Member Naggar chose not to participate in this matter based upon the description
of the conflicts of interest in the Staff Report for this item. Europa Vineyard
Estates is located on approximately 290.7 acres southesterly of Butterfield Stage
Road and La Serena Way in unincorporated Riverside County. It is owned by
Temecula Vineyard Estates, LLC, and is adjacent to Butterfield Stage Road.
Neither Council Member Mike Naggar nor Council Member Jeff Comerchero has
any direct investments or ownership interests in the Temecula Vineyard Estates,
LLC. The managing member of Temecula Vineyard Estates, LLC, is Mr. Daniel
Stephenson. Council Member Naggar and Council Member Comerchero do,
however, have ownership interests and are members other limited liability
companies that are developing property outside of the City of Temecula in which
Mr. Stephenson is also the managing member. Europa Vineyard Estates is,
therefore, an "otherwise related business entity" for these officials within the
meaning of 2 Cal. Code Regs. § 18703.1. Tract Map 32594 for the Europa Vineyard
Estates Project was approved by the County of Riverside in September 2006
following the City Council's approval of the Roripaugh Ranch Specific Plan and
the Development Agreement in December 2002. One of the County's conditions of
approval requires the owners of Europa Vineyard Estates to improve a portion of
Butterfield Stage Road along its westerly property line prior to the County's
issuance of a certificates of occupancy for homes on 80% of the lots in the
Project. The City Attorney has determined that Council Member Naggar and
Council Member Comerchero may participate in the Council's approval of the
Third Amendment to the Development Agreement and Amendment No. 2 to the
Specific Plan. These actions will have no material financial effect, indeed no
effect, on Europa Vineyard Estates, or the owners of this Project, for the simple
reason that the Third Amendment to the Development Agreement and
Amendment No. 2 to the Specific Plan do not change the Roripaugh Ranch
Developers' obligation to construct the Phase 3 Improvements to Butterfield
Stage Road from what has been required since approval of the original
Development Agreement and Specific Plan in December 2002. This is consistent
with the Fair Political Practices Commission Legal Staff's March 2008 opinion (A-
Action Minutes 030816 5
08-015) [Calixto Property] allowing Council Member Naggar and Council Member
Comerchero's participation in a decision to acquire property located 372 feet
south of Europa Villages Estates necessary for the construction of the Phase 3
Improvements. Additionally, the funding for the Phase 3 Improvements for
Butterfield Stage Road has been in place since the Roripaugh Ranch Community
Facilities District 03-02 issued community facilities district special tax bond in
April 2006. Council Member Naggar chose not to participate in the actions
approving the Third Amendment and Amendment No. to the Specific Plan and left
the room.
RECOMMENDATION: That the City Council conduct a Public Hearing and:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 16-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING ADDENDUM NO. 2 TO THE
RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT
REPORT (SCH NO. 97121030)
14.2 Adopt a resolution entitled:
RESOLUTION NO. 16-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDMENT NO. 2 TO THE
RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING
APPLICATION NO. PA 15-1664)
14.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE RORIPAUGH
RANCH PROJECT (PLANNING APPLICATION NO. PA 14-
0051)
City Attorney Thorson introduced and read by title only Ordinance No. 16-02.
RECESS
At 8:24 PM, the City Council recessed to the Joint Meeting of the City Council, Planning
Commission and Old Town Local Review Board. At 8:37 PM, the City Council resumed with the
remainder of the City Council Agenda.
Action Minutes 030816 6
JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION AND OLD TOWN
LOCAL REVIEW BOARD
CALL TO ORDER: Mayor Mike Naggar
ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar
Telesio, Turley-Trejo, Watts, Youmans, Guerriero
Baimbridge (absent), Blair (absent), Malmstrom (absent), Puma (absent),
Moore (absent)
15 Conduct Annual Joint Meeting Between the City Council and the Planning Commission
— Receive and file.
RECOMMENDATION:
15.1 That the City Council conduct the annual joint meeting between the City Council
and the Planning Commission.
16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local
Review Board — Meeting adjourned to Tuesday, March 22, 2016 due to lack of
quorum.
RECOMMENDATION:
16.1 That the City Council conduct the annual joint meeting between the City Council
and the Old Town Local Review Board.
JOINT MEETING ADJOURNMENT
RECONVENE TEMECULA CITY COUNCIL
DEPARTMENTAL REPORTS
17 City Council Travel/Conference Report March 2016
CITY MANAGER REPORT
CITY ATTORNEY REPORT (None)
Action Minutes 030816 7
ADJOURNMENT
At 8:39 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 2016, 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
Rosie D. McCracken
and
Myra Francis
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
Action Minutes 030816 8
ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 8, 2016 —7:00 PM
The City Council meeting convened at 7:01 PM.
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Chaparral High School 2016 Spring Musical "The Addams Family"
Invocation: Shawn Burgess of the Temecula Baha'i Community
Flag Salute: Council Member Maryann Edwards
ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar
PRESENTATIONS/PROCLAMATIONS
Presentation of Certificates of Participation to 2016 Youth in Government Program
Participants
Presentation of Certificate of Recognition to Mr. Jeff Waugh
PUBLIC COMMENTS
The following individuals addressed the City Council:
• Wayne Grajczyk
• Andrea Wells
• Jennifer Schwank
• Connor Edwards
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
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.
Action Minutes 030816 1
2 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
2.1 That the City Council approve the action minutes of February 23, 2016.
3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council
Member Comerchero absent) Council Member Edwards made the motion; it was
seconded by Council Member McCracken; and electronic vote reflected approval
by Council Members Edwards, McCracken, Naggar and Rahn with Council
Member Comerchero absent.
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-15
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 January 31, 2016 — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
4.1 That the City Council approve and file the City Treasurer's Report as January 31,
2016.
5 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton for
an Economic Development Retail Recruitment Report and Visitor Analysis — Approved
Staff Recommendation (4-0, Council Member Comerchero absent) Council
Member Edwards made the motion; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members Edwards,
McCracken, Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
5.1 Appropriate $10,000 from undesignated fund balance to the Economic
Development Department's operating budget to cover the scope of work to be
completed this fiscal year.
5.2 Approve the First Amendment to the Agreement with Buxton Company
dba: Buxton, in the amount of $50,000, for an Economic Development Retail
Recruitment and Visitor Analysis Report for Fiscal Year 2016-17.
Action Minutes 030816 2
6 Approve the Sponsorship Agreement with His Venture for the 2016 Old Town Grand
Prix and Health Fair (At the Recommendation of the Economic Development Committee
Mayor Pro-Tem Edwards and Council Member Comerchero) — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
6.1 That the City Council approve the Sponsorship Agreement with His Venture for
city-support costs, in the amount of $5,600 and in-kind promotional services of
$11,415, for the 2016 Old Town Grand Prix and Health Fair.
7 Approve the Second Amendment to the Exclusive Negotiating Agreement with Truax
Development for the Potential Disposition of Property Located on Main Street in the City
of Temecula (APNs 922-360-004, 005, 006, 007) — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
7.1 That the City Council approve the Second Amendment to the Exclusive
Negotiating Agreement (ENA) between the City of Temecula and Truax
Development (Truax) for the potential disposition and development of the
property located on Main Street in the City of Temecula (APNs 922-360-004,
005, 006, 007) (Subject Property).
8 Award a Construction Contract to DDH Apple Valley Construction, Inc. for the Old Town
Front Street Pavement and Storm Drain Rehabilitation, PW12-14 — Approved Staff
Recommendation (4-0, Council Member Comerchero absent) Council Member
Edwards made the motion; it was seconded by Council Member McCracken; and
electronic vote reflected approval by Council Members Edwards, McCracken,
Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
8.1 Award a Construction Contract to DDH Apple Valley Construction, Inc., in the
amount of $794,286.50, for the Old Town Front Street Pavement and Storm
Drain Rehabilitation, PW12-14;
8.2 Authorize the City Manager to approve Change Orders not to exceed the
contingency amount of $158,857.30, which is equal to 20% of the Contract
amount;
8.3 Make a finding that the Old Town Front Street Pavement and Storm Drain
Rehabilitation is exempt from Multiple Species Habitat Conservation Plan
(MSHCP) fees.
Action Minutes 030816 3
9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation
Program — Rancho California Road, PW10-12 — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
9.1 Accept the construction of the Pavement Rehabilitation Program — Rancho
California Road, PW 10-12, as complete;
9.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one-year Maintenance Bond in the amount of
10% of the Contract amount;
9.3 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
10 Approve Payment to Riverside County Flood Control District (RCFCD) for the City of
Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa
Margarita Watershed for Fiscal Year 2015-16 — Approved Staff Recommendation
(4-0, Council Member Comerchero absent) Council Member Edwards made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken, Naggar and Rahn
with Council Member Comerchero absent.
RECOMMENDATION:
10.1 Approve payment to Riverside County Flood Control District (RCFCD), in the
amount of $431,073.53, for the City of Temecula's Portion of the Regional
Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year
2015-16.
11 Receive and File Temporary Street Closure for Temecula Grand Prix Bicycle Race —
Approved Staff Recommendation (4-0, Council Member Comerchero absent)
Council Member Edwards made the motion; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members Edwards,
McCracken, Naggar and Rahn with Council Member Comerchero absent.
RECOMMENDATION:
11.1 That the City Council receive and file the following proposed action by the City
Manager:
Temporarily close certain streets for the Temecula Grand Prix Bicycle Race
Special Event.
RECESS
At 7:37 PM, the City Council recessed and convened as the Temecula Community Services
District Meeting. At 7:54 PM, the City Council resumed with the remainder of the City Council
Agenda.
Action Minutes 030816 4
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
14 Approve Planning Application Numbers PA14-0051 and PA15-1664, Development
Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch
Development Agreement and Specific Plan Timing Requirements for Improvements
Required by the Existing Approvals for Phase II of Roripaugh Ranch
14.1 and 14.2 - Approved Staff Recommendation (3-0, Council Member Naggar
abstained and Council Member Comerchero absent) Council Member Rahn made
the motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Edwards, McCracken and Rahn with
Council Member Naggar abstaining by leaving the Chambers and Council Member
Comerchero absent.
14.3 - Approved Staff Recommendation (3-0, Council Member Naggar abstained
and Council Member Comerchero absent) Council Member McCracken made the
motion; it was seconded by Council Member Rahn; and electronic vote reflected
approval by Council Members Edwards, McCracken and Rahn with Council
Member Naggar abstaining by leaving the Chambers and Council Member
Comerchero absent.
RECOMMENDATION: That the City Council conduct a Public Hearing and:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 16-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING ADDENDUM NO. 2 TO THE
RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT
REPORT (SCH NO. 97121030)
14.2 Adopt a resolution entitled:
RESOLUTION NO. 16-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDMENT NO. 2 TO THE
RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING
APPLICATION NO. PA 15-1664)
14.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE RORIPAUGH
RANCH PROJECT (PLANNING APPLICATION NO. PA 14-
0051)
City Attorney Thorson introduced and read by title only Ordinance No. 16-02.
Action Minutes 030816 5
RECESS
At 8:24 PM, the City Council recessed to the Joint Meeting of the City Council, Planning
Commission and Old Town Local Review Board. At 8:37 PM, the City Council resumed with the
remainder of the City Council Agenda.
JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION AND OLD TOWN
LOCAL REVIEW BOARD
CALL TO ORDER: Mayor Mike Naggar
ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar
Telesio, Turley-Trejo, Watts, Youmans, Guerriero
Baimbridge (absent), Blair (absent), Malmstrom (absent), Puma (absent),
Moore (absent)
15 Conduct Annual Joint Meeting Between the City Council and the Planning Commission
— Receive and file.
RECOMMENDATION:
15.1 That the City Council conduct the annual joint meeting between the City Council
and the Planning Commission.
16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local
Review Board — Meeting adjourned to Tuesday, March 22, 2016 due to lack of
quorum.
RECOMMENDATION:
16.1 That the City Council conduct the annual joint meeting between the City Council
and the Old Town Local Review Board.
JOINT MEETING ADJOURNMENT
RECONVENE TEMECULA CITY COUNCIL
DEPARTMENTAL REPORTS
17 City Council Travel/Conference Report March 2016
CITY MANAGER REPORT
CITY ATTORNEY REPORT (None)
Action Minutes 030816 6
ADJOURNMENT
At 8:39 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 2016, 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
Rosie D. McCracken
and
Myra Francis
**********
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
Action Minutes 030816 7
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: March 22, 2016
SUBJECT: Approve the List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Pam Espinoza, Accounting Specialist
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-
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. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $5,941,942.33.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of March, 2016.
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 22nd day of March, 2016, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
02/25/2016 TOTAL CHECK RUN $ 4,354,067.14
03/03/2016 TOTAL CHECK RUN 1,181,924.63
02/25/2016 TOTAL PAYROLL RUN: 405,950.56
TOTAL LIST OF DEMANDS FOR 03/22/2016 COUNCIL MEETING: $5,941,942.33
DISBURSEMENTS BY FUND:
CHECKS:
CITY OF TEMECULA
LIST OF DEMANDS
001 GENERAL FUND $ 564,488.29
135 BUSINESS INCUBATOR RESOURCE 803.27
140 COMMUNITY DEV BLOCK GRANT 33.60
150 AB 2766 FUND 1,704.90
165 AFFORDABLE HOUSING 1,649.72
190 TEMECULA COMMUNITY SERVICES DISTRICT 141,936.29
192 TCSD SERVICE LEVEL B STREET LIGHTS 98.33
194 TCSD SERVICE LEVEL D REFUSE RECYCLING 797.82
196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 6,608.64
197 TEMECULA LIBRARY FUND 4,735.05
210 CAPITAL IMPROVEMENT PROJECTS FUND 102,827.82
300 INSURANCE FUND 4,545.34
305 WORKER'S COMPENSATION 10,000.00
320 INFORMATION TECHNOLOGY 38,240.46
325 TECHNOLOGY REPLACEMENT FUND 2,100.60
330 CENTRAL SERVICES 4,757.74
340 FACILITIES 15,590.37
375 INTERN FELLOWSHIP FUND 97.01
395 2011 FINANCING LEASE CIVIC CENTER&CRC 534,869.06
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 547,089.72
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 448,381.64
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 53,660.51
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 952,078.67
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 147,075.52
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,886,333.45
501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,229.86
502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,558.93
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,066.52
504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 303.76
505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,609.20
506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 860.61
507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,030.35
508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,159.67
509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 112.53
510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 417.69
511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 70.23
512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,876.51
513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,092.25
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 653.78
515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 755.70
516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 915.82
517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 104.48
518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,717.89
519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 1,978.52
520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,710.68
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 9,990.79
522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 195.81
523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 2,174.33
524 SERVICE LEVEL"C"ZONE 24 HARVESTON 5,625.59
525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,802.10
526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 83.63
527 SERVICE LEVEL"C"ZONE 27 AVONDALE 332.85
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 71928.04
529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 129.83
$5,535,991.77
CITY OF TEMECULA
LIST OF DEMANDS
001 GENERAL FUND $ 252,986.28
135 BUSINESS INCUBATOR RESOURCE 1,628.15
165 AFFORDABLE HOUSING 2,787.06
190 TEMECULA COMMUNITY SERVICES DISTRI 93,369.22
192 TCSD SERVICE LEVEL B STREET LIGHTS 252.70
194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,158.18
196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT 398.33
197 TEMECULA LIBRARY FUND 909.93
300 INSURANCE FUND 2,139.99
320 INFORMATION TECHNOLOGY 23,740.88
330 CENTRAL SERVICES 6,107.80
340 FACILITIES 16,000.85
375 INTERN FELLOWSHIP FUND 806.13
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 63.95
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 63.95
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 63.95
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 63.95
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 63.95
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 383.77
501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 72.19
502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CRE 48.49
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 57.44
504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 10.32
505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 116.27
506 SERVICE LEVEL"C"ZONE 6 WOODCREST COU 21.16
507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 29.79
508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 197.70
509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.24
510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.23
511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 5.95
512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 131.78
513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELO 28.20
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOME 16.26
515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTAT 14.13
516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 32.85
517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.76
518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 122.24
519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 65.27
520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 177.30
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 299.69
522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 7.09
523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.87
524 SERVICE LEVEL"C"ZONE 24 HARVESTON 168.66
525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 54.28
526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITI 2.42
527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7.87
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 248.72
529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTR 3.37
405,950.56
TOTAL BY FUND: $5,941,942.33
apChkLst Final Check List Page: 1
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK
Check# Date Vendor Description Amount Paid Check Total
2911 02/25/2016 000246 PERS(EMPLOYEES' 7/1/15-6/30/16 SURVIVOR BENEFIT 6,888.00 6,888.00
RETIREMENT)
2912 02/25/2016 000246 PERS(EMPLOYEES' 7/1/15-6/30/16 SURVIVOR BENEFIT 1,470.00 1,470.00
RETIREMENT)
2913 02/23/2016 005460 U S BANK SS#1 CFD/AD PMT 4,034,421.61 4,034,421.61
2914 02/25/2016 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,128.45 1,128.45
SUPPORT
2915 02/25/2016 000194 1 C M A RETIREMENT-PLAN I C M A RETIREMENT TRUST 457 7,587.30 7,587.30
303355 PAYMENT
2918 02/25/2016 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 8,625.90 8,625.90
SOLUTION
2919 02/25/2016 000389 NATIONWIDE RETIREMENT OBRA-PROJECT RETIREMENT 1,939.48 1,939.48
SOLUTION PAYMENT
175528 02/25/2016 010196 1ST RESPONDER '16 SUBSC 1ST RESP 20.00 20.00
NEWSPAPER,INC. NEWSPAPER:FIRE
175529 02/25/2016 018511 A-BOMB COMPANY PLMBNG SVCS:RELOCATE AUDIO 1,800.00 1,800.00
EVOLUTION
175530 02/25/2016 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:PW STREETS 501.82 501.82
DIVISION
175531 02/25/2016 004240 AMERICAN FORENSIC NURSES MAR 16 PHLEBOTOMY 1,248.00 1,248.00
(AFN) SRVCS:TEMECULA POLICE
175532 02/25/2016 018622 ANDERSON,KENNETH Performance:lmani Temple Christian 500.00 500.00
175533 02/25/2016 017149 B G P RECREATION,INC. TCSD INSTRUCTOR EARNINGS 2,835.00
TCSD INSTRUCTOR EARNINGS 1,596.00
TCSD INSTRUCTOR EARNINGS 1,596.00 6,027.00
175534 02/25/2016 012583 BLANCAY PRICE NOV 15 LDSCP PLAN CHK& 10,330.00 10,330.00
REVIEW:PLANNING
175535 02/25/2016 008605 BONTERRA PSOMAS 11/27-12/31 CNSLT SRVCS:PECHANGA 3,976.25
PKWY EN
11/27-12/31 ENVIRO MITIGATION SVCS 642.50 4,618.75
175536 02/25/2016 003138 CAL MAT ASPHALT SUPPLIES:PW ST MAI NT 266.97 266.97
Page:1
apChkLst Final Check List Page: 2
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175537 02/25/2016 017698 CALIFORNIA AVERLAND RELEASE NOTICE:PABLO RODRIGUEZ 11,742.61 11,742.61
CONST INC
175538 02/25/2016 000131 CARL WARREN&COMPANY JAN 16 CLAIM ADJUSTER SERVICES 1,986.40 1,986.40
INC
175539 02/25/2016 018689 CASILLAS,BRENDA REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00
175540 02/25/2016 018690 CHIROLASER INC. REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00
175541 02/25/2016 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00
CHARITIES,C/O WELLS FARGO PAYMENT
BANK
175542 02/25/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:VARIOUS 25.92 25.92
DIST. PARKS
175543 02/25/2016 018683 CORTEZ,ELIZABETH REFUND:BALADJ FOR VIOL. 30.00 30.00
175544 02/25/2016 013379 COSSOU,CELINE TCSD INSTRUCTOR EARNINGS 315.00
TCSD INSTRUCTOR EARNINGS 315.00 630.00
175545 02/25/2016 001264 COSTCO TEMECULA#491 MEMBERSHIP RENEWAL:CITY HALL 9.15 9.15
175546 02/25/2016 004329 COSTCO TEMECULA#491 MISC SUPPLIES:HIGH HOPES PGRM 213.93 213.93
175547 02/25/2016 010650 CRAFTSMEN PLUMBING& REPAIR TOILET,BROKEN FLANGE 268.70
HVAC INC BOLT:CRC
PLUMBING SRVCS:CRC&MARG SPLASI 227.00 495.70
175548 02/25/2016 018694 DACKERMAN,CHARLES REFUND:BALADJ FOR 305.00 305.00
OVERPMT:319849
175549 02/25/2016 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:PUBLIC 723.52
LUBRICANTS WORKS
FUEL FOR CITY VEHICLES:PUBLIC WOF 648.41
FUEL FOR CITY VEHICLES:TCSD 429.90
FUEL FOR CITY VEHICLES:TRAFFIC DIV 227.87
FUEL FOR CITY VEHICLES:BLDG INSPE, 131.26
FUEL FOR CITY VEHICLES:CODE ENFOF 111.13
FUEL FOR CITY VEHICLES:PUBLIC WOF 88.44 2,360.53
175550 02/25/2016 002390 EASTERN MUNICIPAL WATER JAN WATER METER:39656 DIEGO DR 261.95
DIST
JAN WATER METER:39569 SERAPHINA F 33.51
JAN WATER METER:MURR HOT SPRING: 12.74
JAN WATER METER:MURR HOT SPRING: 12.74 320.94
Page2
apChkLst Final Check List Page: 3
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175551 02/25/2016 018685 EISENHUT,KATHERINE REFUND:BALADJ FOR 5.00 5.00
OVERPMT:320410
175552 02/25/2016 011292 ENVIRONMENTAL SCIENCE DEC 15 EIR PROPOSED ALTAIR 2,445.00 2,445.00
ASSOC. SPECIFIC PLAN
175553 02/25/2016 001056 EXCEL LANDSCAPE,INC. IRRIGATION REPAIRS:OVERLAND DR 294.20 294.20
175554 02/25/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 350.00 350.00
175555 02/25/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00
175556 02/25/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 45.00 45.00
175557 02/25/2016 014865 FREIZE UHLER,KIMBERLY EMBROIDERY SRVCS:CODE 162.00 162.00
ENFORCEMENT
175558 02/25/2016 000177 GLENNIES OFFICE PRODUCTS JAN 16 MISC.OFC SUPPLIES:B&S 20.00 20.00
INC DEPT
175559 02/25/2016 016552 GONZALES,MARK ALLEN TCSD INSTRUCTOR EARNINGS 540.00 540.00
175560 02/25/2016 013749 HELIXSTORM INC. IT INFRASTRUCTURE SUPPORT:INFO 9,787.50 9,787.50
TECH
175561 02/25/2016 018686 HOFFMAN CALIFORNIA SETTLEMENT&RELEASE:OTIS, 250.00 250.00
FABRICS LOUISA
175562 02/25/2016 001407 INTERVALLEY POOL SUPPLY sanitizing chemical supplies:var pools 513.54 513.54
INC
175563 02/25/2016 010676 INTERWEST CONSULTING DEC 15 INSPECTION&PLAN CHECK 1,575.00 1,575.00
GROUP INC SVCS:B&S
175564 02/25/2016 014897 IRVINE,CITY OF TRAINING:CMMERCL ENFRCMNT: 80.00 80.00
ROBERTSON,
175565 02/25/2016 015673 JDS VIDEO&MEDIA Video production srvcs:economic dev— 850.00 850.00
PRODUCTIONS
175566 02/25/2016 017730 KASHMERE FAMILY TRUST, MAR 16 FACILITY LEASE 5,307.84 5,307.84
THE PAYMENTS:HARVESTON
175567 02/25/2016 017118 KRACH,BREE B. Trophy w/engraving 106.87 106.87
Page3
apChkLst Final Check List Page: 4
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175568 02/25/2016 018500 LABOR READY SOUTHWEST, 01/30-02/05 TEMP HELP: 1,644.00 1,644.00
INC STREET&PARK MAI NT
175569 02/25/2016 016110 LDCO,INC. P/E 01/31/16 RENOV FIRE STN 73:PW 35,296.72 35,296.72
CIP
175570 02/25/2016 000482 LEIGHTON CONSULTING INC P/E 12/31 DSIGN SRVCS: 3,800.00
BUTTERFIELD
12/1-2/7/16 GEOTCHNICAL SRVCS:FIRE 2,630.90 6,430.90
175571 02/25/2016 018691 LY,HANH REFUND:LOST LIBRARY MATERIALS 13.99 13.99
RETURNED
175572 02/25/2016 018682 MACIEL,LUCY REFUND:BALADJ FOR VIOL. 305.00 305.00
175573 02/25/2016 018581 MCGRIFF,AVIS PERFORMANCE:"POETRY AT THE 100.00 100.00
MERC"2/26
175574 02/25/2016 018314 MICHAEL BAKER INT'L INC. 6/1-12/31/15 CEQA INITIAL STUDY:ART 18,235.08
GAIT
DEC 15 ENGINEERING SVCS:I15/79S IN- 6,413.16
P/E 12/31/15 ENVRNMNTL SRVCS:PARK 740.85 25,389.09
175575 02/25/2016 013443 MIDWESTTAPE LLC MISC.BOOKS,AUDIO,DVDS.:LIBRARY 81.21 81.21
175576 02/25/2016 001868 MIYAMOTO-JURKOSKY,SUSAN TCSD INSTRUCTOR EARNINGS 235.20
ANN
TCSD INSTRUCTOR EARNINGS 201.60 436.80
175577 02/25/2016 004040 MORAMARCO,ANTHONY J. PROMO ITEMS/DESIGN WORK:CSD 9,000.00
EVENTS.
TCSD INSTRUCTOR EARNINGS 70.00 9,070.00
175578 02/25/2016 018692 MORGENSTERN,ALAN REFUND:SEC DEP&CREDIT:RM 557.10 557.10
RENTAL:CRC
175579 02/25/2016 018554 MZVAL SINGS PERFOR:"MUSIC AT THE MERC" 150.00 150.00
ENTERTAINMENT 2/26/2016
175580 02/25/2016 006077 N T H GENERATION COMMVAULT REMEDIATION CHECK:IT 900.00
COMPUTING INC
COMMVAULT REMEDIATION CHECK:IT 687.50 1,587.50
175581 02/25/2016 015164 NATURES IMAGE,INC JAN 16 ENVIRO MITIGATION:FVP 454.57 454.57
Page-.4
apChkLst Final Check List Page: 5
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175582 02/25/2016 014391 NICHOLS,KELLIE D. TCSD INSTRUCTOR EARNINGS 453.60
TCSD INSTRUCTOR EARNINGS 453.60
TCSD INSTRUCTOR EARNINGS 378.00
TCSD INSTRUCTOR EARNINGS 378.00
TCSD INSTRUCTOR EARNINGS 304.50
TCSD INSTRUCTOR EARNINGS 277.20
TCSD INSTRUCTOR EARNINGS 100.80 2,345.70
175583 02/25/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SRVCS:BLDG& 283.10
SAFETY
CITY VEHICLE MAINT SRVCS:BLDG&SA 15.00 298.10
175584 02/25/2016 000249 PETTY CASH PETTY CASH FOR TEMECULA ROD 1,500.00 1,500.00
RUN
175585 02/25/2016 000249 PETTY CASH PETTY CASH REIMBURSEMENT 1,010.21 1,010.21
175586 02/25/2016 000262 RANCHO CALIF WATER FEB VAR WATER METERS:TCSD SVC 4,997.75
DISTRICT LEV C
FEB VAR WATER METERS:PWYMCA 538.06
JAN LNDSCP WATER METER:41951 MOR 204.00
JAN LNDSCP WATER METER:CALLE ELE 100.94 5,840.75
175587 02/25/2016 001365 RIVERSIDE,COUNTY OF JUL-SEPT'15 VECTOR CONTROL 6,392.14 6,392.14
SRVCS
175588 02/25/2016 012251 ROTH,DONALD J. TCSD INSTRUCTOR EARNINGS 693.00
TCSD INSTRUCTOR EARNINGS 504.00 1,197.00
175589 02/25/2016 018684 SANDOVAL,ARTHUR REFUND:BALADJ FOR VIOL. 70.00 70.00
175590 02/25/2016 011511 SCUBA CENTER TEMECULA TCSD INSTRUCTOR EARNINGS 336.00
TCSD INSTRUCTOR EARNINGS 35.00 371.00
175591 02/25/2016 018697 SHACKELFORD,ROD RELEASE CLAIMS AGREEMENT 1,808.27 1,808.27
PAYMENT
175592 02/25/2016 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 100.00 100.00
CENTRAL
Page 5
apChkLst Final Check List Page: 6
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175593 02/25/2016 000537 SO CALIF EDISON JAN 2-00-397-5059:33340 CAMINO 6,457.19
PIEDRA
JAN 2-27-560-0625:32380 DEERHOLLOW 2,279.03
JAN 2-26-887-0789:40233 VILLAGE RD 1,465.98
JAN 2-30-608-9384:28582 HARVESTON D 504.87
JAN 2-33-777-1950:40135 VILLAGE RD 459.54
JAN 2-31-693-9784:26036 YNEZ RD TC1 380.98
JAN 2-31-419-2659:26706 YNEZ RD TC1 137.06
JAN 2-29-974-7568:26953 YNEZ RD TC1 132.89
JAN 2-33-237-4818:30499 RANCHO CAL 88.06
JAN 2-29-223-9571:30395 MURR HOT SPI 53.38 11,958.98
175594 02/25/2016 000282 SO CALIF MUNICIPAL ATHLETIC MEMBERSHIP DUES: 130.00 130.00
J.W./M.W./G.W./J.L.
175595 02/25/2016 018621 SONYAJ.,BELLAMY PERF:"STEPPINIG THOUGH BLACK 250.00 250.00
HISTORY"
175596 02/25/2016 008337 STAPLES BUSINESS MISC OFFICE SUPPLIES:PW LAND 53.98
ADVANTAGE DEV
MISC OFFICE SUPPLIES:PW DEPTS 226.72
MISC OFFICE SUPPLIES:PW LAND DEV 153.34
MISC OFFICE SUPPLIES:PW DEPTS 73.31 507.35
175597 02/25/2016 018695 SYDELLE,GINGOLD REFUND:BALADJ FOR VIOL. 330.00 330.00
175598 02/25/2016 010046 TEMECULAVALLEY DEC'15 BUS.IMPRV DISTRICT 107,987.55 107,987.55
CONVENTION& ASMNTS
175599 02/25/2016 017749 TEMECULA VALLEY COUNCIL REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00
PTA CTR A/B
175600 02/25/2016 000919 TEMECULA VALLEY UNIFIED REFUND:SEC DEP:TCC CLASSROOM 200.00 200.00
SCHOOL
175601 02/25/2016 014056 TEMECULA YOUTH BASEBALL, REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00
GENERALFUND CTRA/B
175602 02/25/2016 010276 TIME WARNER CABLE FEB HIGH SPEED INTERNET:29119 73.77 73.77
MARGARITA
175603 02/25/2016 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00
PAYMENT
175604 02/25/2016 018693 VALENCIA,MELISSA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00
175605 02/25/2016 004261 VERIZON FEB XXX-0073 GEN USAGE:SR CTR, 127.65 127.65
SKATE PRK
Pages
apChkLst Final Check List Page: 7
02/25/2016 9:59:25AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175606 02/25/2016 004789 VERIZON FEB INTERNETSVCS:CITY HALL 289.99
FEB INTERNET SVCS:SENIOR CENTER 144.99 434.98
1000922 02/18/2016 016447 ANDERSON,KETURAH REFUND:BEG GYMNASTICS& 44.00 44.00
TUMBLING
1000923 02/18/2016 018589 HENDRIX,SHEVIS REFUND:BEAR CUB UNIV KINDER 518.40 518.40
CUBS
1000924 02/18/2016 009021 YOUNG,JEANNIE REFUND:SEC DEP:RM 200.00 200.00
RENTAL:HARVESTO N
Grand total for UNION BANK: 4,354,067.14
Page-.7
apChkLst Final Check List Page: 8
02/25/2016 9:59:25AM CITY OF TEMECULA
89 checks in this report. Grand Total All Checks: 4,354,067.14
Page$
apChkLst Final Check List Page: 1
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK
Check# Date Vendor Description Amount Paid Check Total
2916 02/29/2016 000444 INSTATAX(EDD) STATE TAXES PAYMENT 22,462.93 22,462.93
2917 02/29/2016 000283 INSTATAX(IRS) FEDERAL INCOME TAXES PAYMENT 80,151.65 80,151.65
2920 03/03/2016 000246 PERS(EMPLOYEES' PERS RETIREMENT PAYMENT 39,853.83 39,853.83
RETIREMENT)
2922 02/23/2016 018098 ACME ADMINISTRATORS,INC FUNDS REQUIRED FOR WORKERS 10,000.00 10,000.00
COMP CLAIMS
2923 03/01/2016 014685 COMPASS BANK '11 REFUNDING 01/08 CERT PART 534,869.06 534,869.06
DEBT SVC
175607 03/03/2016 016764 ABM BUILDING SERVICES,LLC hvac repair svcs for it dept:civic 1,034.00
HVAC MUNTERS PREV MAINT:CIVIC CEI 541.25 1,575.25
175608 03/03/2016 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:PW STREETS 1,170.65
DIVISION
ASPHALT SUPPLIES:PW STREETS DIVIS 501.01 1,671.66
175609 03/03/2016 006915 ALLIE'S PARTY EQUIPMENT PARTY RENTAL EQUIP:HUMAN 393.05 393.05
SERVICES
175610 03/03/2016 013015 ALWAYS RELIABLE BACKFLOW BACKFLOW REPAIR SRVCS:VARIOUS 364.00 364.00
PARKS
175611 03/03/2016 004422 AMERICAN BATTERY EMERG LIGHTING BATTERIES:TCC 297.30
CORPORATION
SIGNAL BATTERIES: PW TRAFFIC 422.04
SIGNAL BATTERIES: PW TRAFFIC 573.43
SIGNAL BATTERIES: PW TRAFFIC 995.47 2,288.24
175612 03/03/2016 000936 AMERICAN RED CROSS AQUATICS STAFF CERTIFICATION 108.00
CARDS
AQUATICS STAFF CERTIFICATION CARD 81.00 189.00
175613 03/03/2016 002187 ANIMAL FRIENDS OF THE DEC 15 ANIMAL CONTROL SRVCS 10,000.00 10,000.00
VALLEYS
175614 03/03/2016 013950 AQUA CHILL OF SAN DIEGO FEB 16 DRINKING WATER SYSTEMS: 34.83
MPSC
FEB 16 DRINKING WATER SYSTEMS:CIV 184.14
FEB 16 DRINKING WATER SRVCS:IT DEI 28.35
FEB 16 DRINKING WATER SYSTEMS:JRC 28.35 275.67
175615 03/03/2016 001740 ATWOOD&ANDREWS REFUND:ENG GRAD DEP:LD13-065GR 30,000.00 30,000.00
DEVELOPMENT
175616 03/03/2016 017149 B G P RECREATION,INC. TCSD INSTRUCTOR EARNINGS 448.99
TCSD INSTRUCTOR EARNINGS 393.81 842.80
Page:1
apChkLst Final Check List Page: 2
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175617 03/03/2016 011954 BAKER&TAYLOR INC BOOK COLLECTIONS:LIBRARY 77.64
BOOK COLLECTIONS:LI BRARY 50.51
BOOK COLLECTIONS:LI BRARY 89.70
BOOK COLLECTIONS:LI BRARY 10.34 228.19
175618 03/03/2016 018101 BARN STAGE COMPANY INC, STTLMNT:CABARETAT THE MERC 469.00
THE 02/28/16
STTLMNT:SPOTLIGHTTATTHE MERCO2 455.00 924.00
175619 03/03/2016 013482 BAS SECURITY FEB 16 SECURITY SRVCS: 1,432.00 1,432.00
HARVESTON LAKE
175620 03/03/2016 007385 BAUDVILLE,INC. VISITOR BADGES:FRONT RECEPTION 208.90 208.90
175621 03/03/2016 018712 BILDERAIN,ALICIA REFUND:SEC DEP:RM 200.00 200.00
RENTAL:HARVESTO N
175622 03/03/2016 014284 BLAKELY'S TRUCK SERVICE MISC FLEET&EQUIP SVCS:STREET 6,218.54
MAI NT
MISC FLEET&EQUIP SVCS:STREET MAI 62.97
MISC FLEET&EQUIP SVCS:STREET MAI 132.42
MISC FLEET&EQUIP SVCS:STREET MAI 568.41 6,982.34
175623 03/03/2016 012583 BLANCAY PRICE DEC 15 LDSCP PLAN CHECK& 6,730.00 6,730.00
REVIEW
175624 03/03/2016 018551 BMW MOTORCYCLES OF vehicle maint&repair:temecula police 293.23 293.23
MURRIETA
175625 03/03/2016 003138 CAL MAT ASPHALT SUPPLIES:PW ST MAI NT 183.50 183.50
175626 03/03/2016 001267 CALIF DEPT OF MOTOR 2016 CVC BOOKS:POLICE DEPT 383.61 383.61
VEHICLES
175627 03/03/2016 009847 CALIFORNIA PRESENTERS ANNUAL MEMBERSHIP/CONF 845.00 845.00
REGIS/DONATION
175628 03/03/2016 000137 CHEVRON AND TEXACO CITY VEHICLES FUEL:POLICE DEPT 2,055.79 2,055.79
175629 03/03/2016 012401 COMPRESSEDAIR BREATHING AIR MAINTENANCE:STA 1,254.69 1,254.69
SPECIALTIES INC 92
175630 03/03/2016 000442 COMPUTER ALERT SYSTEMS FIRE&SECURITY SYSTEM 117.33 117.33
MONITORING:FS#73
175631 03/03/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:VARIOUS 77.76
DIST. PARKS
electrical supplies:of parking garage 121.50 199.26
Paget
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03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175632 03/03/2016 011922 CORELOGIC,INC. JAN 16 WEB BASED SBSCRPTN 262.50 262.50
REALQUEST
175633 03/03/2016 013379 COSSOU,CELINE TCSD INSTRUCTOR EARNINGS 259.00 259.00
175634 03/03/2016 001264 COSTCO TEMECULA#491 MISC SUPPLIES:STA 73 78.65 78.65
175635 03/03/2016 004329 COSTCO TEMECULA#491 MISC.OFFICE SUPPLIES:MPSC 58.02
THEATER HOSPITALITY&OFFICE SUPPI 203.92
MISC SUPPLIES:ARTS CULTURE&EVEN 526.62
MISC SUPPLIES:HIGH HOPES PGRM 477.79 1,266.35
175636 03/03/2016 016724 CRAFT,CHARLENE EE COMPUTER PURCHASE PROGRAM 1,225.96 1,225.96
175637 03/03/2016 010650 CRAFTSMEN PLUMBING& INSTALLED NEW DOOR:LIBRARY 1,650.00
HVACINC
FACILITY MAINTENANCE:STA95 278.27 1,928.27
175638 03/03/2016 017862 CRESTLINE SPECIALITIES,INC PROMO ITEM:HUMAN SERVICES 1,067.34 1,067.34
PGRM
175639 03/03/2016 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 168.00 168.00
175640 03/03/2016 015213 CYBER COMPUTERS,INC. AUTOCAD WORKSTATION:PUB LIC 2,100.60 2,100.60
WORKS
175641 03/03/2016 014580 DANCE THEATRE COLLECTIVE Theater Performance:Mar 18-19,2016 1,000.00 1,000.00
175642 03/03/2016 014580 DANCE THEATRE COLLECTIVE SETTLEMENT:DANCEXCHANGE 80.50 80.50
02/16/16
175643 03/03/2016 001393 DATA TICKET,INC. JAN 16 PARKING CITATION 1,298.68 1,298.68
PROCESSINGPOLIC
175644 03/03/2016 002990 DAVID TURCH&ASSOCIATES JAN 16 FED.LEGISLALTIVE 3,500.00 3,500.00
CONSULTING
175645 03/03/2016 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:LONG 52.80
SRVCS CANYON PARK
PORTABLE RESTROOMS:RIVERTON PAF 52.80
PORTABLE RESTROOMS:VAIL RANCH PF 52.80
PORTABLE RESTROOMS:LASERENA WF 52.80 211.20
Page3
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03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175646 03/03/2016 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:PUBLIC 413.89
LUBRICANTS WORKS
FUEL FOR CITY VEHICLES:PUBLIC WOF 42.94
FUEL FOR CITY VEHICLES:PUBLIC WOF 503.53
FUEL FOR CITY VEHICLES:POLICE DEP' 30.94
FUEL FOR CITY VEHICLES:TRAFFIC DIV 154.59
FUEL FOR CITY VEHICLES:TCSD 355.72
FUEL FOR CITY VEHICLES:BLDG&SAFI 159.01
FUEL FOR CITY VEHICLES:PLAN&BLD( 102.06 1,762.68
175647 03/03/2016 018715 DRYWALL MASTERS,INC. REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00
175648 03/03/2016 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 245.00
AILEEN
TCSD INSTRUCTOR EARNINGS 122.50
TCSD INSTRUCTOR EARNINGS 175.00
TCSD INSTRUCTOR EARNINGS 192.50
TCSD INSTRUCTOR EARNINGS 227.50
TCSD INSTRUCTOR EARNINGS 122.50
TCSD INSTRUCTOR EARNINGS 140.00
TCSD INSTRUCTOR EARNINGS 105.00
TCSD INSTRUCTOR EARNINGS 245.00
TCSD INSTRUCTOR EARNINGS 245.00
TCSD INSTRUCTOR EARNINGS 280.00
TCSD INSTRUCTOR EARNINGS 192.50 2,292.50
175649 03/03/2016 011202 EMH SPORTS USA,INC TCSD INSTRUCTOR EARNINGS 297.50
TCSD INSTRUCTOR EARNINGS 638.40
TCSD INSTRUCTOR EARNINGS 288.75 1,224.65
175650 03/03/2016 013430 ENERSPECT MEDICAL MEDICAL EQUIPMENT:MEDICS 3,500.00 3,500.00
SOLUTIONS
175651 03/03/2016 011292 ENVIRONMENTAL SCIENCE OCT 15 SPPLMNTL EI R:PROPOSED 3,330.68 3,330.68
ASSOC. AUDI DEALE
175653 03/03/2016 001056 EXCEL LANDSCAPE,INC. LDSP I M PROVM NITS:PHEASANT RUN 1,920.00
SLOPE
LDSP IMPROVMT:RANCHO HIGHLANDS: 640.00
UPGRADE IRRIG SYSTEM:VAIL RANCH F 2,978.73
MISC IRRIGATION REPAIRS:VAR PARKS 2,755.20
JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 34,844.87
JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 21,610.97
JAN 16 LNDSCP MAI NT SVCS:VAR LOCA' 9,993.13
JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 48,525.10
JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 18,094.70
JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 51,365.88 192,728.58
Page-.4
apChkLst Final Check List Page: 5
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175654 03/03/2016 000165 FEDERAL EXPRESS INC 2/4-2/6 EXP MAIL SVCS:CITY CLERK& 64.42
IT
02/11-16 EXP MAIL SVCS:CM/CLERK/FIN 99.39 163.81
175655 03/03/2016 002982 FRANCHISE TAX BOARD LEVY CASE:546961500 67.65 67.65
175656 03/03/2016 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING&MISC SUPPLIES: 185.80 185.80
THEATER
175657 03/03/2016 016184 FUN EXPRESS,LLC MISCELLANEOUS REC.SUPPLIES. 204.51
Misc.supplies:var csd special events 6,552.18 6,756.69
175658 03/03/2016 010326 G E MOBILE WATER,INC APPARATUS MAINT SUPPLIES:STA 63.72
84/73
APPARATUS MAINT SUPPLIES:STA 84/7: 89.92 153.64
175659 03/03/2016 013076 GAUDET,YVONNE M. TCSD INSTRUCTOR EARNINGS 638.40 638.40
175660 03/03/2016 014067 GENTRY,JANN Photography: 2016 Council Group Photo 200.00 200.00
175661 03/03/2016 009608 GOLDEN VALLEY MUSIC SETTLEMENT:CLASSICS...MERC FEB 667.10 667.10
SOCIETY 2016
175662 03/03/2016 014405 GORM INCORPORATED MISC CUSTODIAL SUPPLIES:VAR 604.11 604.11
PARKS
175663 03/03/2016 003792 GRAINGER MISC.STAGE SUPPLIES:THEATER 106.97 106.97
175664 03/03/2016 015451 GREATAMERICA FINANCIAL FEB 16 LEASE FOR 6 788.41 788.41
SVCS COPIERS:LIBRARY
175665 03/03/2016 007767 1 C COMPOUND COMPANY ASPHALT SUPPLIES:PW STREET 855.96 855.96
MAI NT DIV
175666 03/03/2016 013286 1NTRADO,INC. FEB ENTERPRISE 911 SVC:IT 255.00 255.00
175667 03/03/2016 008761 JAIME,JUAN REIMB:ADDT'L BOOTALLOWANCE 89.79 89.79
175668 03/03/2016 015358 KELLY PAPER COMPANY,INC. paper,binding&laminating 47.14
paper,binding&laminating 280.55 327.69
175669 03/03/2016 001091 KEYSER MARSTON JAN 16 REAL ESTATE 485.00 485.00
ASSOCIATES INC CONSULTING:AFF.HOUSI
175670 03/03/2016 001282 KNORR SYSTEMS INC bluetooth test kit:town square fountain 975.97 975.97
Pages
apChkLst Final Check List Page: 6
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175671 03/03/2016 018713 KOFORD,SUE REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00
175672 03/03/2016 004062 KUSTOM SIGNALS INC Radar/Lidar repair and maintenance 343.53 343.53
175673 03/03/2016 018500 LABOR READY SOUTHWEST, 02/06-02/12 TEMP HELP: 1,633.73 1,633.73
INC STREET&PARK MAI NT
175674 03/03/2016 018711 LAWRENCE,HENRY REFUND:RETURNED LOST LIBRARY 13.99 13.99
MATERIALS
175675 03/03/2016 000210 LEAGUE OF CALIF CITIES REGIST: 140.00 140.00
EDWARDS/RAHN/MCCRACKEN/ADAMS
175676 03/03/2016 004412 LEANDER,KERRY D. TCSD INSTRUCTOR EARNINGS 126.00
TCSD INSTRUCTOR EARNINGS 537.60 663.60
175677 03/03/2016 018714 LEVENI,MELE REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00
175678 03/03/2016 014365 MAILFINANCE,INC. TAX FOR POSTAGE METER:CENTRAL 156.85 156.85
SVQS
175679 03/03/2016 003782 MAIN STREET SIGNS misc sign supplies:pw street maint div 3,182.75
misc sign supplies:pw street maint div 107.89
misc sign supplies:pw street maint div 107.89 3,398.53
175680 03/03/2016 004141 MAINTEX INC MISC CUSTODIAL SUPPLIES:VAR 1,695.60 1,695.60
PARKS
175681 03/03/2016 018174 MARMADUKE,INC. K-9 VETERINERY CARE 1,022.89
K-9 VETERINERY CARE FY15/16 POLICE 522.00
K-9 VETERINERY CARE FY15/16 POLICE 1,008.68 2,553.57
175682 03/03/2016 017427 MATCHETT,VIVIAN TCSD INSTRUCTOR EARNINGS 254.80
TCSD INSTRUCTOR EARNINGS 254.80 509.60
175683 03/03/2016 015955 METRO FIRE&SAFETY,INC. KITCHEN HOOD INSPECTIONS:MPSC 205.00
KITCHEN HOOD INSPECTIONS:PBSP 205.00
KITCHEN HOOD INSPECTIONS:CRC 205.00 615.00
175684 03/03/2016 013443 MIDWESTTAPE LLC MISC.BOOKS,AUDIO,DVDS.:LIBRARY 24.94 24.94
175685 03/03/2016 012962 MILLER,MISTY TCSD INSTRUCTOR EARNINGS 336.00
TCSD INSTRUCTOR EARNINGS 280.00 616.00
175686 03/03/2016 009835 MIRACLE PLAYGROUND SALES PLAY EQUIP PARTS:CROWNE HILL 323.73 323.73
INC PARK
Pages
apChkLst Final Check List Page: 7
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175687 03/03/2016 012264 MIRANDA,JULIO C. TCSD INSTRUCTOR EARNINGS 266.00
TCSD INSTRUCTOR EARNINGS 166.25
TCSD INSTRUCTOR EARNINGS 166.25
TCSD INSTRUCTOR EARNINGS 133.00
TCSD INSTRUCTOR EARNINGS 532.00 1,263.50
175688 03/03/2016 004043 MISSION ELECTRIC SUPPLY, MISC ELECTRICAL SUPPLIES:OLD 97.35 97.35
INC TOWN
175689 03/03/2016 004040 MORAMARCO,ANTHONY J. TCSD INSTRUCTOR EARNINGS 409.50
TCSD INSTRUCTOR EARNINGS 423.50
PROMO ITEMS/DESIGN WORK:CSD EVE 10,486.72 11,319.72
175690 03/03/2016 001986 MUZAK LLC MAR 16 DISH NETWORK PRGM:41952 62.01
6TH ST
MAR 16 DISH NETWORK PROGRAMING:I 140.85 202.86
175691 03/03/2016 017861 MYTHOS TECHNOLOGY INC MAR 16 IT MONITORING SRVCS:TVE2 100.00 100.00
175692 03/03/2016 002925 NAPAAUTO PARTS MISC PARTS&SUPPLIES:PW STREET 65.10 65.10
MAI NT
175693 03/03/2016 017864 NATURE WORKS SCULPTURE PLAYGROUND EQUIP REPLACEMENT: 12,540.47 12,540.47
INC CIP
175694 03/03/2016 018716 NCL,INC. REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00
175695 03/03/2016 008820 NEIGHBORS NEWSPAPER ADVERTISING:TEMECULA PRESENTS 250.00 250.00
175696 03/03/2016 014391 NICHOLS,KELLIE D. TCSD INSTRUCTOR EARNINGS 168.00
TCSD INSTRUCTOR EARNINGS 235.20 403.20
175697 03/03/2016 018600 OCCHIPINTI&SILHAN INC VEHICLE REPAIR:PREVENTION 2,571.51 2,571.51
175698 03/03/2016 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:PW LAND DEV 22.02
DIV
OFFICE SUPPLIES:PW LAND DEV 13.59
CREDIT:OFFICE SUPPLIES/PW LAND DE' -6.79
OFFICE SUPPLIES:FINANCE 52.25
OFFICE SUPPLIES:HR 9.70
OFFICE SUPPLIES:PREVENTION 18.12 108.89
175699 03/03/2016 007409 OLD TOWN DINING,LLC LIVE ENTERTAINMENT:HOT SMR 2,000.00 2,000.00
NIGHTS
175700 03/03/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAI NT SRVCS:BLDG& 253.04
SAFETY
CITY VEHICLE MAINT SRVCS:BLDG&S/ 919.49 1,172.53
Page:7
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03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175701 03/03/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SRVCS:FIRE 50.39 50.39
PREV
175702 03/03/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SRVCS:PW 50.39 50.39
PARKS MAI NT
175703 03/03/2016 018461 PACIFIC PRODUCTS& MISC SIGNAGE SUPPLI ES:PW STREET 1,448.67 1,448.67
SERVICE LLC MAINT
175704 03/03/2016 017675 PODS ENTERPRISES,INC PODS RENTAL:FIRE STN 73 764.64
CREDIT:BILLINGADJ-PODS RENTAL/STN -518.68 245.96
175705 03/03/2016 011549 POWER SPORTS UNLIMITED VEH MAINT&REPAIR:POLICE 295.76 295.76
175706 03/03/2016 014957 PRN PRODUCTIONS COMEDY @ THE MERC 2/27/16 229.60 229.60
175707 03/03/2016 002176 RANCHO CALIF BUS PK ASSOC APR-JUN BUS.PRKASSN DUES:TVE2 2,234.14
APR-JUN BUS.PRKASSN DUES:FOC 1,843.17
APR-JUN BUS.PRKASSN DUES:DIAZ RE 2,033.07 6,110.38
175708 03/03/2016 000262 RANCHO CALIF WATER FEB WATER METER:30875 RANCHO 586.32
DISTRICT VISTA
FEB VAR WATER METERS:FIRE STNS FE 179.90
FEB VAR WATER METERS:TCSD SVC LE 5,235.18
FEB VAR WATER METERS:PW VARIOUS 1,546.37 7,547.77
175709 03/03/2016 011853 RANCON COMMERCE CNTR APR-JUN BUS.PRKASSN. DUES:STN 510.71 510.71
PH2,3&4 73
175710 03/03/2016 003591 RENES COMMERCIAL WEED ABATEMENT:RIGHT-OF-WAYS 2,923.00 2,923.00
MANAGEMENT
175711 03/03/2016 018717 RIOS,BENITA REFUND:SEC DEP:RM 138.00 138.00
RENTAL:HARVESTON
175712 03/03/2016 017391 RISE INTERPRETING,INC. INTERPRETATION SVCS:HUMAN 280.00 280.00
SERVICES
175713 03/03/2016 000353 RIVERSIDE CO AUDITOR JAN'16 PRKG CITATION 2,800.00 2,800.00
ASSESSMENTS
175714 03/03/2016 001592 RIVERSIDE CO INFO JAN EMERGENCY RADIO RENTAL: 2,912.86 2,912.86
TECHNOLOGY POLICE
175715 03/03/2016 004822 RIVERSIDE TRANSITAGENCY JAN'16TRANSIT 1,704.90 1,704.90
AGRMNT:HARVESTON SHUTTLE
175716 03/03/2016 017102 ROBINSON,SHIRLEY REIMB:NOTARY REGISTRATION 61.00 61.00
Page.8
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03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175717 03/03/2016 002226 RUSSO,MARYANNE TCSD INSTRUCTOR EARNINGS 679.00 679.00
175718 03/03/2016 009980 SANBORN,GWYNETH A. COUNTRY LIVE!@ THE MERC 2/20/16 843.75 843.75
175719 03/03/2016 018012 SAUNDERS,CATHY TCSD INSTRUCTOR EARNINGS 277.41
TCSD INSTRUCTOR EARNINGS 280.00
TCSD INSTRUCTOR EARNINGS 140.00
TCSD INSTRUCTOR EARNINGS 280.00
TCSD INSTRUCTOR EARNINGS 280.00
TCSD INSTRUCTOR EARNINGS 280.00 1,537.41
175720 03/03/2016 017113 SCHOLASTIC LIBRARY PUBLICATIONS/CHILDREN'S BOOKS: 12.51 12.51
PUBLISHING, LIBRARY
175721 03/03/2016 013376 SECURITY SIGNAL DEVICES REPAIR&MAINT OF CAMERAS:TVE2 139.00 139.00
INC
175722 03/03/2016 017365 SELSTAD,LONNIE DIXIELAND @ THE MERC 2/21/16 202.95 202.95
175723 03/03/2016 015457 SHAW HR CONSULTING,INC. CONSULTING SRVCS:HUMAN 770.00 770.00
RESOURCES
175724 03/03/2016 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 2/18/16 409.50 409.50
175725 03/03/2016 013695 SHRED-IT US JV,LLC 2/11 DOC.SHRED SRVCS:POLICE O.T. 16.54
STN
2/11/16 DOCUMENT SHRED SRVCS:CIVI( 63.00
2/9 DOC.SHRED SRVCS:POLICE MALL S" 16.54 96.08
175726 03/03/2016 000645 SMART&FINAL INC MISC SUPPLIES:ARTS CULTURE& 322.73
EVENTS
MISC SUPPLIES:HUMAN SERVICES PGR 22.88
MISC SUPPLIES:HUMAN SERVICES PGR 107.38 452.99
175727 03/03/2016 000537 SO CALIF EDISON JAN 2-28-331-4847:32805 PAUBA RD 100.46
LS3
FEB 2-35-164-3663:42335 MEADOWS PK% 26.83
FEB 2-35-164-3515:32932 LEENA WAY 26.83
FEB 2-35-164-3242:44270 MEADOWS PK% 27.72
FEB 2-35-164-3770:43487 BUTTERFIELD 28.36
JAN 2-30-099-3847:29721 RYECREST 24.64
FEB 2-33-357-5785:44747 REDHAWK PKV 30.03
JAN 2-30-296-9522:46679 PRIMROSE AVE 569.39
JAN 2-28-171-2620:40820 WINCHESTER 590.89
FEB 2-31-536-3226:28690 MERCEDES 1,505.76 2,930.91
175728 03/03/2016 001212 SO CALIF GAS COMPANY JAN 055-475-6169-5:32380 152.81
DEERHOLLOW WAY
JAN 015-575-0195-2:32211 WOLF VLY RD 332.80 485.61
Page9
apChkLst Final Check List Page: 10
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175729 03/03/2016 006221 SOUTH BAY FOUNDRY INC. DRAIN GRATES:RANCHO CAL BRIDGE 691.20 691.20
175730 03/03/2016 002503 SOUTH COASTAIR QUALITY FY 15/16 EMISSIONS FEES:FIRE STN 121.44
95
ANN'L OPERATING FEES:FIRE STN 95 102.45 223.89
175731 03/03/2016 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS:FIRE STN 95 80.00
CONTROLINC
PEST CONTROL SRVCS:O.A.T.C. 48.00
PEST CONTROL SRVCS:FIRE STN 92 42.00
JAN PEST CONTROL SRVCS:CITY FACS 980.00 1,150.00
175732 03/03/2016 017381 SOUTHWEST CALIFORNIA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00
PAGEANTS
175733 03/03/2016 006559 SOUTHWESTERN RIVERSIDE REFUND:SEC DEP:RM RENTAL:MPSC 200.00 200.00
COUNTY
175734 03/03/2016 008337 STAPLES BUSINESS MISC OFFICE SUPPLIES:MALL 12.94
ADVANTAGE STOREFRONT
CREDIT:OFFICE SUPPLIES/MALL STORE -4.64
MISC OFFICE SUPPLIES:MALL STOREFF 4.64
MISC OFFICE SUPPLIES:MALL STOREFF 91.75
MISC OFFICE SUPPLIES:MALL STOREFF 219.68
MISC OFFICE SUPPLIES:MALL STOREFF 71.69 396.06
175735 03/03/2016 015648 STEIN,ANDREW PROMO SUPPLIESMAR SPECIAL 8,687.01 8,687.01
EVENTS
175736 03/03/2016 016262 STEVE ADAMIAK GOLF TCSD INSTRUCTOR EARNINGS 224.00
INSTRUCTION
TCSD INSTRUCTOR EARNINGS 420.00
TCSD INSTRUCTOR EARNINGS 560.00
TCSD INSTRUCTOR EARNINGS 140.00
TCSD INSTRUCTOR EARNINGS 280.00 1,624.00
175737 03/03/2016 013387 SWEEPING UNLIMITED INC FEB SWEEPING SVCS:PARKING 500.00 500.00
STRUCTURE
175738 03/03/2016 003677 TEMECULA MOTORSPORTS MOTORCYCLE 572.59
LLC REPAIR/MAINT:TEM.P.D.
MOTORCYCLE REPAIR/MAINT:TEM.P.D. 353.33
MOTORCYCLE REPAIR/MAINT:TEM.P.D. 861.32
MOTORCYCLE REPAIR/MAINT:POLICE 1,413.99
MOTORCYCLE REPAIR/MAINT:POLICE 176.12 3,377.35
175739 03/03/2016 004873 TEMECULA VALLEY RENTAL @ THE MERC 2/19/16 380.00 380.00
HISTORI CAL SOC
175740 03/03/2016 005970 TEMECULA VALLEY PLAYERS CHEAPER BY THE DOZEN 2/18-28 8,494.35
V.GIBSON REMEMBER...MAGIC 2/24/16 3,864.80 12,359.15
Page:10
apChkLst Final Check List Page: 11
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175741 03/03/2016 003067 TEMECULA VALLEY R V BATTERIES/PARTS TRAILER 1,427.32 1,427.32
SERVICE SIGN:POLICE
175742 03/03/2016 004274 TEMECULA VALLEY SECURITY DOOR SPRING:CIVIC CENTER 76.20 76.20
CENTR
175743 03/03/2016 003941 TEMECULA WINNELSON MISC PLUMBING SUPPLIES:VAR 31.60 31.60
COMPANY PARKS
175744 03/03/2016 014056 TEMECULAYOUTH BASEBALL, REFUND:SNACK BAR DEPOSITS 800.00 800.00
GEN FUND
175745 03/03/2016 010276 TIME WARNER CABLE FEB HIGH SPEED INTERNET:32364 54.99
OVERLAND
FEB HIGH SPEED INTERNET:40820 WINC 1.60
MAR HIGH SPEED INTERNET:41000 MAIC 4,319.47
FEB HIGH SPEED INTERNET:32211 WOLI 120.30 4,496.36
175746 03/03/2016 016796 TIME WARNER CABLE MEDIA 12/28-1/31/16 CABLE 327.00 327.00
ADVERTISINGCSD
175747 03/03/2016 000319 TOMARK SPORTS INC SOFTBALL EQUIPMENT:2016 SPRING 1,231.20
SEASON
BASKETBALL GOALS&NETS:VAR PARK 1,321.73 2,552.93
175748 03/03/2016 000161 TYLER TECHNOLOGIES,INC 5/1/15-4/30/16 CONSULT/TRNG:IG 1,416.00
WRKFORCE
CONSULTING&TRNG:WHR PLANNING 150.00 1,566.00
175749 03/03/2016 009709 U H S OF RANCHO SPRINGS, JAN ASSAULT EXAMS:POLICE 2,700.00 2,700.00
INC
175750 03/03/2016 002110 UNITED RENTALS NORTH MISC EQUIP RENTALS:PW STREET 821.13 821.13
AMERICA MAINT
175751 03/03/2016 014850 VALLEY PRINTING SERVICES, Printing srvcs:city newsletter 4,956.23 4,956.23
INC.
175752 03/03/2016 004261 VERIZON FEB XXX-5072 GENERAL USAGE 2,165.99
JAN XXX-0074 GENERAL USAGE 4,420.76 6,586.75
175753 03/03/2016 004789 VERIZON FEB INTERNET SVCS:FIRE STN#73 134.21
FEB INTERNETSVCS:C.MUSEUM,GIFT 134.99
FEB INTERNET SVCS:TCC 129.99
FEB INTERNET SVCS:LIBRARY 184.99 584.18
175754 03/03/2016 014486 VERIZON WIRELESS JAN BROADBAND SVCS:CITYWIDE 2,005.10 2,005.10
175755 03/03/2016 018707 VETERANS SUPPLEMENTAL COUNCIL COMMUNITY SERVICE 1,000.00 1,000.00
SUPPORT FUNDING
Page:11
apChkLst Final Check List Page: 12
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
175756 03/03/2016 006248 WALKER,JESSICA TCSD INSTRUCTOR EARNINGS 313.60 313.60
175757 03/03/2016 007987 WALMART MISCSUPPLIES:MPSC 180.46
MISC SUPPLIES:HARVESTON CENTER 212.70
MISCSUPPLIES:PENNYPICKLE EXHIBIT! 116.26
MISC RECREATION SUPPLIES:CRC 133.97
SPARK OF LOVE TOY DRIVE:FIRE 705.00 1,348.39
175758 03/03/2016 001342 WAXIE SANITARY SUPPLY INC CUSTODIAL SUPPLIES:CIVIC CENTER 1,983.19 1,983.19
175759 03/03/2016 003730 WEST COAST ARBORISTS INC 2/1-15/16 ROW TRIMMING:CITYWIDE 7,246.50
1/16-31/16 ROW TRIMMING:CITYWIDE 15,995.00 23,241.50
175760 03/03/2016 008402 WESTERN RIVERSIDE TEM.PARK&RIDE/MSHCP PAYMENT 20,798.85 20,798.85
COUNTY
175761 03/03/2016 004567 WATCHER ELECTRIC ELECTRICAL REPAIRS:OLD TOWN 752.00
ELECTRICAL REPAIRS:OLD TOWN 800.00 1,552.00
175762 03/03/2016 018718 YAP,ILEANA REFUND:LIFEGUARD TRAINING CLASS 175.00 175.00
A
1000925 02/24/2016 015946 BONETT,AUSTIN REFUND:LIFEGUARD TRAINING CLASS 175.00 175.00
A
1000926 02/24/2016 018699 COUNTY OF SAN DIEGO REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00
CTR A
1000927 02/24/2016 018700 CRABTREE,JOANNE REFUND:LIFEGUARD TRAINING CLASS 175.00 175.00
A
1000928 02/24/2016 018701 DEJARNETTE,JACQUELINE REFUND:MISS CATHY'S TINY TOTS 90.00 90.00
1040.104
1000929 02/24/2016 018701 DEJARNETTE,JACQUELINE REFUND:MISS CATHY'S TINY TOTS 100.00 100.00
1040.101
1000930 02/24/2016 016288 EMERY,TARA REFUND:JR SPORTS 2205.108 84.00 84.00
1000931 02/24/2016 010854 GRIFFIN,VERONICA REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00
1000932 02/24/2016 018702 PARTEE,MICHAEL REFUND:SEC DEP:RM 200.00 200.00
RENTAL:HARVESTON
1000933 02/24/2016 018703 RHEMA WORD MINISTRIES REFUND:SEC DEP:RM RENTAL:TCC 43.63 43.63
Page:12
apChkLst Final Check List Page: 13
03/03/2016 9:35:57AM CITY OF TEMECULA
Bank: union UNION BANK (Continued)
Check# Date Vendor Description Amount Paid Check Total
1000934 02/24/2016 018704 SANTIAGO,AMADEO REFUND:SEC DEP:RM 200.00 200.00
RENTAL:HARVESTON
1000935 02/24/2016 018705 THE WAY FAMILY CHURCH REFUND:HRLY RENTAL 359.00 359.00
CREDIT:HARVESTON
1000936 02/24/2016 018706 WENDEL,SHANNON REFUND:PEDIATRIC FIRSTAID 80.00 80.00
COURSE
Grand total for UNION BANK: 1,181,924.63
Page:13
apChkLst Final Check List Page: 14
03/03/2016 9:35:57AM CITY OF TEMECULA
172 checks in this report. Grand Total All Checks: 181 924.63
Page:14
Item No . 4
Approvals
City Attorney A�
Finance Director
City Manager (Sr
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: March 22, 2016
SUBJECT: Receive Report Regarding Status of Upcoming Vacancies on Boards and
Commissions
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council receive the report regarding the status of
upcoming vacancies on Boards and Commissions.
BACKGROUND: In an effort to ensure early notification of upcoming vacancies on
the City's various Boards and Commissions, staff has implemented a process to notify the City
Council and the public of upcoming vacancies in advance of publication.
On June 15, 2016, there will be two vacancies on the Planning Commission. The vacancies will
be advertised through established procedures including the newspaper, website and social
media outlets. The application for these vacancies will be available on April 1, 2016 and the
application period will be open from April 1, 2016 — April 30, 2016. It is anticipated that the City
Council will make appointments to fill the vacancies at the May 24, 2016 regularly scheduled
meeting, ensuring continuity of service prior to the expiration of existing terms.
Additional information is available through the City Clerk's office.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No . 5
Approvals
City Attorney
Finance Director
City Manager (SY
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: March 22, 2016
SUBJECT: Adopt Ordinance 16-02 Approve Planning Application Numbers PA14-0051 and
PA15-1664, Development Agreement and Specific Plan Amendments to Modify
the Roripaugh Ranch Development Agreement and Specific Plan Timing
Requirements for Improvements Required by the Existing Approvals for Phase II
of Roripaugh Ranch (Second Reading)
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH
PROJECT (PLANNING APPLICATION NO. PA14-0051)
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. 16-02 was first introduced at the regularly scheduled meeting of March 8, 2016.
FISCAL IMPACT: None
ATTACHMENTS: Ordinance
ORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT FOR THE
RORIPAUGH RANCH PROJECT (PLANNING
APPLICATION NO. PA14-0051)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine
and declare that:
A. The Development Agreement between the City of Temecula and Ashby
USA, LLC (also known as the "Pre-annexation and Development Agreement") was
initially approved by Ordinance No. 02-14 of the City Council on December 17, 2002
and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records
of the County of Riverside. The Development Agreement has been previously amended
pursuant to: (1) the First Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7,
2006 in the Official Records of Riverside County as Document No. 2006-0162268; and
(2) the Second Amendment to the Development Agreement Between the City of
Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in
the Official Records of Riverside County as Document No. 2013-0324057. The
December 17, 2002 development agreement as amended shall be referred to in this
Ordinance as the "Development Agreement."
B. The Development Agreement and the Roripaugh Ranch Specific Plan
provide that the issuance of building permits for Phase II buildings are conditioned upon
the completion of design and construction of certain Public Improvements. The Third
Amendment to the Development Agreement and Amendment No. 2 to the Roripaugh
Ranch Specific Plan would modify the schedule and building permit "trigger points" or
"building permit thresholds" for various public improvements related to development in
Phase II of the Roripaugh Project (collectively the "Amendments"). The Owners of the
Phase II Properties have requested modifications to the infrastructure implementation
schedule to be able to install them in a more cost effective and efficient manner based
on current market conditions.
C. On February 17, 2016 the Planning Commission of the City of Temecula
held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh
Ranch Final Environmental Impact Report, the proposed Third Amendment to the
Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch
Specific Plan (SP 11) at which time all persons interested in the Project had the
opportunity and did address the Planning Commission. After hearing all written and oral
testimony on the proposed actions and duly considering the comments received, the
Ords 16-02 1
Planning Commission adopted Resolution No. 16-06 recommending to the City Council
that the Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report,
the proposed Third Amendment to the Development Agreement, and the proposed
Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) be approved.
D. On March 8, 2016 the City Council of the City of Temecula held a duly
noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final
Environmental Impact Report, the proposed Third Amendment to the Development
Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan
(SP 11) at which time all persons interested in the Project had the opportunity and did
address the City Council.
E. The City has reviewed the potential impacts of the Third Amendment to
the Development Agreement and the various potential benefits to the City of the Third
Amendment and has concluded that the Third Amendment is in the best interests of the
City.
F. The Third Amendment to the Development is consistent with the City's
General Plan including the goals and objectives thereof and each element thereof. The
Third Amendment to the Development Agreement modifies the timing for the
construction of various improvements in the Roripaugh Ranch Specific Plan area, but is
otherwise consistent with the development requirements set forth in the Roripaugh
Ranch Specific Plan, as amended. The Roripaugh Ranch Specific Plan discusses, at
length, the consistency between the Specific Plan and the General Plan. The findings
of consistency contained in the Roripaugh Ranch Specific Plan are applicable and are
incorporated herein by this reference.
G. All legal preconditions to the adoption of this Ordinance have occurred.
H. By Resolution No. 16-16 the City Council certified and approved the
Addendum No. 2 to the Final Environmental Impact Report for the Roripaugh Ranch
Project.
Section 2. Approval of Third Amendment to Development Agreement. The
City Council of the City of Temecula hereby approves that certain Third Amendment to
Development Agreement between the City of Temecula and Ashby USA, LLC (also
known as the "Pre-annexation and Development Agreement")and authorizes the Mayor
to execute the Development Agreement in substantially the form attached hereto as
Exhibit "A".
Section 3. Mayor Naggar and Council Member Comerchero did not participate
in the discussion of Item 1, Butterfield Stage Road Phase 3, of Exhibit D to the Third
Amendment to the Development Agreement and abstained with respect to the action on
this particular item. While neither has any ownership or investment interests in Europa
Village Estates adjacent to Butterfield Stage Road at this location, it is an otherwise
related entity to them as further described in the Staff Report.
Ords 16-02 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of March, 2016.
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16-02 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 8th day of March, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22nd day of March, 2016, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Ords 16-02 3
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City of Temecula
41000 Main Street.
Temecula, CA 92590
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC
(RORIPAUGH RANCH SPECIFIC PLAN)
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT is made
and entered into as of March , 2016, by and between the CITY OF
TEMECULA, a California municipal corporation ("City"), Wingsweep Corporation, a
California corporation ("Wingsweep"), and Roripaugh Valley Restoration, LLC, a
Delaware limited liability company ("RVR") (collectively "Phase II Owners"")pursuant
to the authority of Section 65864 through 65869.5 of the California Government Code
and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in
consideration of the mutual covenants set forth in this Third Amendment, the parties
hereto agree as follows:
1. Recitals. This Third Amendment is made with respect to the following
purposes and facts which the parties agree to be true and correct:
a. The Development Agreement between the City of Temecula and
Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement")
was initially approved by Ordinance of the City Council on December 17, 2002 and
recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of
the County of Riverside. The Development Agreement has been previously amended
pursuant to: (1)the First Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7,
2006 in the Official Records of Riverside County as Document No. 2006-0162268; and
(2)the Second Amendment to the Development Agreement Between the City of
11086-0097\1902902v4.doc 2-22-2016 1
Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in
the Official Records of Riverside County as Document No. 2013-0324057. The
December 17, 2002 development agreement as amended shall be referred to in this Third
Amendment as the"Development Agreement."
b. Section 3.5.5 of the Development Agreement authorizes parties to
the Development Agreement and the City to approve an "Operating Memorandum"
which does not constitute an amendment to the Development Agreement, in order to
implement the Development Agreement or provide for"changes, adjustments, or
clarifications [that] are appropriate to further the intended purposes" of the Development
Agreement. Since the date of the Development Agreement, seven Operating Memoranda
have been approved: (1) The First Operating Memorandum was entered into on October
21, 2004; (2)the Second Operating Memorandum was entered into on March 21, 2006;
(3)the Third Operating Memorandum was entered into on August 31, 2006; (4)the
Fourth Operating Memorandum was entered into on March 8, 2007 and recorded on
March 8, 2007 in the Official Records of Riverside County as Document No. 2007-
0160512; (5)the Fifth Operating Memorandum was entered into on October 26, 2010 and
recorded on November 18, 2010 in the Official Records of Riverside County as
Document No. 2010-0557219; (6)the Sixth Operating Memorandum was entered into on
January 25, 2011 and recorded on March 3, 2011 in the Official Records of Riverside
County as Document No. 2011-0093836; and (7)the Seventh Operating Memorandum
was entered into on April 17, 2015 and recorded on May 28, 2015 in the Official Records
of Riverside County as Document No. 2015-0223568.
C. The real property which is the subject of this Third Amendment is
generally known as the Phase II Property of the Roripaugh Ranch Project. The Phase II
Property consists of the Wingsweep Property described in Section l.d. and the RVR
Property described in Section I.e. The Phase II Property is depicted on the map in
Exhibit A ("Phase 11 Property Map") and is a part of the property subject to the
Development Agreement.
d. Wingsweep is the owner of real property within the Phase 11
Property that is described on Exhibit B to this Third Amendment("Wingsweep
Property") and is a part of the property subject to the Development Agreement.
Wingsweep warrants and represents to the City that all persons who have an ownership
interest or other interest in the Wingsweep Property have executed this Third Amendment
as a party and, further, that no other persons are required to approve this Third
Amendment on behalf of Wingsweep.
e. RVR is the owner of real property with the Phase II Property that
is described on Exhibit C to this Third Amendment("RVR Property") and is a part of the
property subject to the Development Agreement. RVR warrants and represents to the
City that all persons who have an ownership interest or other interest in the RVR
Property have executed this Third Amendment as a party and, further, no other persons
are required to approve this Third Amendment on behalf of RVR.
f. By Resolution No. 2016- the City Council certified and
11086-0097\1902902v4.doc 2-22-2016 2
approved the Third Addendum to the Environmental Impact Report for the Roripaugh
Ranch Project, its land use entitlements and the Development Agreement pertaining to
the environmental analysis of this Third Amendment and Amendment No. 2 Roripaugh
Ranch Specific Plan (SP 11).
g. On February 17, 2016 the Planning Commission of the City of
Temecula held a duly noticed public hearing on the proposed Addendum, the proposed
Third Amendment to the Development Agreement, and the proposed Amendment No. 2
to the Roripaugh Ranch Specific Plan (SP 11). After hearing all written and oral
testimony on the proposed actions and duly consideration the comments received, the
Planning Commission adopted Resolution No. 16-06 recommending to the City Council
that this Third Amendment be approved.
h. On March 8, 2016, the City Council of the City of Temecula held a
duly noticed public hearing on the proposed Addendum, the proposed Third Amendment,
and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11). After
hearing all written and oral testimony on the proposed actions and duly consideration the
comments received, the City Council introduced Ordinance No. 16- on March 8, 2016
and adopted Ordinance No. 16- on 2016 approving this Third
Amendment.
i. On 2016, the City Council of the City of
Temecula also adopted Resolution No. 16- approving Amendment No. 2 to the
Roripaugh Ranch Specific Plan (SP 11)
2. Amendment of Section 4.2 Phase II Improvements. Section 4.2 of the
Development Agreement shall be amended to read as follows:
"4.2 Physical Improvements. In consideration of the CITY'S promises and
performances, OWNER agrees to the following:
"4.2.1 Off-Site Improvements. Subject to the CITY'S assistance
pursuant to Section 3.1.3.5 OWNER shall be solely responsible for funding,
acquiring right-of-way, slope easements, rights of entry, temporary construction
easements, as well as constructing all improvements identified in Attachment 5,
as modified by Section 4.2.1.1.
"4.2.1.1 Phase II Improvements.
A. As used in this Section 4.2.1.1, "Phase II Property Owners"
shall mean the owners of the Phase II Property and their successors and assigns.
B. The Phase II Property Owners hereby acknowledge and
agree that on-site and off-site improvements required for Phase I of the Roripaugh
Ranch Project as described in Attachment 5 have been completed, or are secured
with construction pending or in progress, and that the Phase 11 Owners shall not
have any responsibility for the Phase I Improvements.
11086-0097\1902902v4.doc 2-22-2016 3
C. Attachment 5 is hereby amended by deleting the text,
descriptions and building permit release thresholds for the Phase II Improvements
and replacing the text, descriptions and building permit release thresholds for the
Phase II improvements with Attachment 5-A to this Third Amendment.
D. Subject to the CITY'S assistance pursuant to Section
3.1.3.5, the Phase 11 Property Owners shall be responsible for funding, designing,
obtaining required all applicable permits, including, without limitation, resource
agency permits, acquiring rights-of-way, slope easements, rights of entry,
temporary construction easements, as well as constructing all of the Phase 11
Improvements as identified and described in Attachment 5-A, Phase 11
Improvements and Schedule. Phase II Property Owners, agree that to the extent
the costs of said Phase 11 Improvements exceeds available proceeds from duly
authorized community facility district bonds issued by the City and secured by a
special tax on the Project Site or the Phase 11 Properties, or both, pursuant to
Section 3.1.3.5, Wingsweep Corporation, a California corporation
("Wingsweep"), and its successors and assigns, shall pay ten percent(10%) of
such costs and Roripaugh Valley Restoration, LLC, a Delaware limited liability
company ("RVR') shall pay ninety percent(90%) of such costs. It shall be the
responsibility of Wingsweep and RVR to fund the costs of the Phase II
Improvements as provided in this subsection as between themselves.
E. City shall have no responsibility to fund any of the Phase 11
Improvements except with proceeds from duly authorized and available
community facilities district bonds issued by the City and secured by a special tax
on the Proj ect Site or the Phase II Properties or both. Further, City shall be under
no obligation to issue any building permits pursuant to Attachment 5-A should
Wingsweep or RVR fail to contribute their respective shares of the funds required
to complete the Phase II Improvements.
"4.2.2 On-Site Improvements. OWNER shall be solely responsible for
funding, acquiring right-of-way, slope easements, rights of entry, temporary
construction easements, as well as all other On-Site improvements necessary to
accomplish the Development, in whole or in part."
3. New Attachment 5-A Phase 11 Improvements. A new Attachment 5-A,
Phase II Improvements and Schedule, is hereby added to the Development Agreement to
read as provided in Exhibit D to this Third Amendment.
4. Amendment No. 2 to Roripaugh Ranch Specific Plan (SP 11) Shall
Constitute a Development Plan Approval. Pursuant to the provisions of Section 3.6,
Wingsweep and RVR each agree that that Amendment No. 2 to the Roripaugh Ranch
Specific Plan shall be an amendment to the Development Plan Approvals and that
Amendment No. 2 shall constitute for all purposes a Development Plan Approval and
shall be treated for Phase 11 as if it were in existence on the Effective Date.
11086-0097\1902902v4.doc 2-22-2016 4
5. General
a. Except as specifically set forth herein, all other terms and conditions of the
Development Agreement, as amended by the First and Second Amendments, shall remain
in full force and effect.
b. This Third Amendment contains the entire understanding between the
parties relating to the subject matter hereof, all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, concerning the subject
matter hereof.
C. The following Exhibits are attached to this Third Amendment and
incorporated herein as though set forth in full:
Exhibit A Phase II Property Map
Exhibit B Wingsweep Property
Exhibit C RVR Property
Exhibit D New Attachment 5-A to Development Agreement, Phase II
Improvements and Schedule
11086-0097\1902902v4.doc 2-22-2016 5
IN WITNESS WHEREOF, the parties hereto have executed this Third
Amendment as of the day and year first above written.
CITY OF TEMECULA,
A municipal corporation
Michael S. Naggar
Mayor
Attest:
Randi Johl-Olson, JD, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
11086-0097\1902902v4.doc 2-22-2016 6
WINGSWEEP CORPORATION,
A California corporation
By:
Corry Hong
President and Chief Executive Officer
11086-0097\1902902v4.doc 2-22-2016 7
RORIPAUGH VALLEY RESTORATION LLC
A Delaware limited liability company
By:
Ken Kraemer
Operating Manager
11086-0097\1902902v4.doc 2-22-2016 8
A notary public or other officer
completing this certificate verifies
only the identity of the individual who
signed the document to which this
certificate is attached, and not the
truthfulness, accuracy,or validity of
that document.
State of California )
County of )
On before me,
(insert name and title of the officer)
Notary Public, personally appeared_ who proved to me on the basis of satisfactory
evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
11086-0097\1902902v4.doc 2-22-2016 9
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy,or validity of that document.
State of California )
County of )
On before me,
(insert name and title of the officer)
Notary Public, personally appeared_, who proved to me on the basis of satisfactory
evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
11086-0097\1902902v4.doc 2-22-2016 10
EXHIBIT A
PHASE II PROPERTY MAP
11086-0097\1902902v4.doc 2-22-2016 11
Exhibit A
Phase 2 Property
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EXHIBIT B
WINGSWEEP PROPERTY
11086-0097\1902902v4.doc 2-22-2016 13
PARCEL A:
THAT PORTION OF THE NORTH HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN
BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,STATE OF
CALIFORNIA,SHOWN AS"NOT A PART'ON PARCEL MAP ON FILE IN BOOK 1,PAGE 44 OF PARCEL
MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID"NOT A PART"SOUTH 0"33 55" WEST,974.13
FEET FROM NORTHEAST CORNER THEREOF;THENCE NORTH 89'26'05"WEST,771.64 FEET PARALLEL
WITH THE SOUTH LINE OF SAID"NOT A PART"TO A POINT ON TH EAST LINE OF THE METROPOLITAN
WATER DISTRIC T RIGHT-OF-WAY SOUTH 12"32'02"WEST 1004.04 FEET FROM THE NORTHWEST
CORNER OF SAID"NOT A PART';THENCE SOUTH 12°32'02'WEST,278.15 FEET ON SAID EAST
METROPOLITAN WATER DISTRICT LINE;THENCE SOUTH 89"26'05"EAST,829.32 FEET PARALLEL
WITH SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID"NOT A PART"SOUTH 0"33'55"
WEST,1246.2.4 FEET FROM SAID NORTHEAST CORNER;THENCE NORTH 0'33'55"E-AST,272.11 FEET
ON SAID EAST LINE TO THE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF THAT PORTION OF THE EAST HALF OF SECTION 20,TOWNSI IIP 7 SOUTH,RANGE 2
WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT (HEREOF,SHOWN AS"NOTA PART"AS
PER MAP RECORDED IN BOOK 1,PAGES 44,45 AND 46 OF PARCEL MAPS,IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID"NOT A PART"SOU'I I10'33'55"WEST,1,246.24
FEET FROM THE NORTHEASTERLY CORNER OF SAID"NOT A PART";THENCE CONTINUING SOUTH 0°
33'55"WEST ALONG SAID EASTERLY LINE 375.50 FEET TO A POINT;THENCE NORTH 89`26,05"
WEST 904 FEET,MORE OR LESS,TO A POINT ON THE EASTERLY LINE OF LAND CONVEYED TO THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24,1968,AS
INSTRUMENT NO.37774,OFFICIAL RECORDS,SAID POINT ALSO BEING THE NORTHWEST CORNER OF
THAT CERTAIN PARCEL CONVEYED TO MATCHAM RLALIY BY DEED RECORDED OCTOBER 21, 1971,AS
INSTRUMENT N0,120094,OFFICIAL RECORDS;THENCE ALONG SAID EASTERLY LINE NORTH 12"32'
02"EAST(RECORDED NORTH 12°34'14"EAST)383.24 FEET TO A POINT THAT 15 SOUTH 12"32'02"
WEST(OF RECORD SOUTH 12"34'14"WEST)1,282.19 FEET FROM THE NORTHWEST CORNER OF
SAID"NOT A PART";THENCE SOUTH 89°26'05"EAST 829.32 FEET,MORE OR LESS,TO THE POINT OF
BEGINNING.
PARCEL C:
THAT PORTION OF THAT CERTAIN PARCEL OF LAND,IN THE TEMECULA,COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA DELINEATED AND DESIGNATED"NOT A PART"ON A MAP FILED IN BOOK 1,
PAGE 44 OF PARCEL MAPS,IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY BEING A
PORTION OF THE EAST HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO
BASE AND MERIDIAN,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH HALF OF SAID
SECTION 20 AS SHOWN ON PARCEL MAP IN BOOK 1,PAGE 44;THENCE ALONG THE EAST LINE OF
SAID SECTION SOUTH 0°33'55"WEST,1,621,74 FFFT TO THE TRUE POINT OF BEGINNING;THENCE
CONTINUING SOU 1N 0°33'55"WEST,98.5 FEET;THENCE NORTH 89"26'05"WEST 928 FEET,MORE
11086-0097\1902902v4.doc 2-22-2016 14
OR LESS,TO THE EASTERLY LINE OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24,1968,AS INSTRUMENT NO.37774,OF
OFFICIAL RECORDS;THENCEALONG SAID EASTERLY LINE NORTI112'32'02'EAST,(RECORDED
NORTH 12'34'14'EAST)100 FEET,MORE OR LESS,TO AN INTERSECTION ON A LINE BEARING
NORTH 89°26'05"WEST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 89°26'05"EAST
904 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING.
PARCEL 0:
THAT PORTION OF SECTION 21,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO BASE AND
MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,ACCORDING
TO THE OFFICIAL PLAT THEREOF,DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 21 DISTANT SOUTH 0°34'31"WEST
145.18 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 21;THENCE CONTINUING ALONG
SAID WEST SECTION LINE SOUTH 04 34'31"WEST 1174.62 FEET;THENCE CONTINUING ALONG SAID
WEST SECTION LINE SOUTH 0'33'47"WEST 2350.04 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1600.00 FEET,A RADIAL LINE BEARS NORTH 89"
26'13"WEST;THENCE NORTHEASTERLY 1052,56 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 37'41'32";THENCE NORTH 38"15'19"EAST 663.55 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1600.00 FEET;THENCE
NORTHEASTERLY 1052.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°40,23";
THENCE NORTH 0°34'56"EAST 351,16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 2000.00 FEET;THENCE NORTHERLY 102.01 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 2"55'21";THENCE SOUTH 87"37'47"WEST 235:41 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 3000.00
FEET;THENCE WESTERLY 175.64 FEET THROUGH A CENTRAL ANGLE OF 3°12'16";THENCE NORTH 0'
V47"EAST 629,08 FEET;THENCE SOUTH 88°34'20"WEST 660.55 FEET TO THE POINT OF
BEGINNING.
PARCELS A,B,C AND D ARE NOW DESCRIBED AS:
LOTS 1,3.4.5,6,H AND K OF TRACT NO.29353-2,FILED SEPTEMBER 28,2003 IN BOOK 342,PAGE
73 OF MAPS,IN THE OFFICE OF THE RECORDER OF THE COUNTY OF RIVERSIDE,CALIFORNIA.
11086-0097\1902902v4.doc 2-22-2016 15
EXHIBIT C
RVR PROPERTY
Real Property in the City of Tula, County of Riverside, State of Califarui _ described as
follows:
PARCEL A:
LOTS 7 THROTJGH 11 AND LETTERED LOTS "L" "J"AND"L"OF TRACT 29353-2,I
THE CITY OF TEIVIECUL., COUNTY OF M-TRSIDE, STATE OF CALIFORNLA, AS PER
PLAT RECORDED IN BOOK.34.2 OF NLAPS-PAGE(S)73 THROUGH 85_INCLUSR E,
RECORDS OF SAKI) COUNTY-
PARCEL B:
LOTS 1 T ROUGH 15 AND LETTER LOT "A"OF TRACT 29353,IN THE CITY OF
TEMEC"ULA_ COUNTY OF R-1 ERSIDE, STATE OF C.4 LIFORIVIA,AS PER NLAP
RECORDED IN BOOK 401 OF I�LA-PS PACES 89 THROUGH 96 LVCLL7Sn'Ee RECORDS
OF SAID COUNTY.
APNs:
964-180-W4-6 (Affects Lot 7 of Parcel A)
964-180 C5-7 (Affects Lot 8 of Parcel A)
96 180-M7-9 (Affects Lot 10 of Parcel A.)
964-180S-0 (Affects Lot 11 ofParcel.k)
9M-18M17-8 (Affects Lot 1 of Parcel B)
964-18001 8-9 (Affects Lot 2 of Parcel B)
964-180019-0 (Affects Lot 3 of Parcel B)
964-180-020-0 (Aff'ec.ts Lots#of Parcel B)
964-180-021-1 (Aff€xts Lot 5 of Parcel B)
964-180-022-2 (.Aff'e~cts Lot 6 of Parcel B)
964-180-023-3 (Affects Lot 7 of Parcel B)
964-180-0244 (Affects Lot 8 of Parcel B)
964-180-025-5 (Affects Lot 9 of Parcel B)
964-1800226-6 (Affects Lot 10 of Parcel B)
964-180-027-7 (Affects Lot 11 of Parcel B)
964-180-028-8 (Affects Lot 12 of Parcel B)
964-180029-9 (Affects Lot 13 of Parcel B)
964-180-030-9 (Affects Lot 14 of Parcel B)
964-180031-0 (Affects Lot 15 of Parcel B)
964-180-033-2 (Affects Lot 9 of Parcel A)
964-180034-3 (Affects Lot J of Parcel A)
964-180036-5 (Affects Lot L of Parcel A)
964-180037-6 (Affects Lot I of Parcel A)
964-18M32-1 (Affects Lot A of Parcel B)
11086-0097\1902902v4.doc 2-22-2016 16
EXHIBIT D
NEW ATTACHMENT 5-A TO DEVELOPMENT AGREEMENT
PHASE II IMPROVEMENTS AND SCHEDULE
1. Butterfield Stage Road Phase 3
A. Description of Public Improvement. Acquire all right-of-way, complete
engineering design, and construct Butterfield Stage Road Phase 3 to the
intersection with Rancho California Road. Construction will include
intersection and traffic signal improvements at Butterfield Stage Road and
Rancho California Road and landscaping of the center medians of
Butterfield Stage Road Phase 1, Phase 2 and Phase 3 improvements.
When appropriate warrants are met, Owners of Phase II shall contribute a
fair share contribution towards the installation of a traffic signal at
Butterfield Stage Road at La Serena Way and related intersection
improvements as provided in Section 2.2.6, Phasing of Road
Improvements, of the Roripaugh Ranch Specific Plan, and more
specifically, Table 2-3 and Paragraph 4 on page 2-22 of the Specific Plan.
B. Building Permit Release Schedule. Complete Butterfield Stage Road
Phase 3 improvements prior to issuance of 1st building permit in
Roripaugh Ranch Phase II, excluding the installation of center median
landscaping for Butterfield Stage Road, Phase 1, Phase 2, and Phase 3.
Complete center median landscaping improvements for Butterfield Stage
Road Phase 1, Phase 2, and Phase 3 prior to the issuance of the 500th
building permit in Roripaugh Ranch Phase 11.
C. Responsibility. The City shall construct the Butterfield Stage Road Phase
3 improvements using Remaining CFD funds, excluding the installation of
landscaping for Butterfield Stage Road, Phase 1, Phase 2, and Phase 3.
Landscaping improvements for Butterfield Stage Road Phase 1, Phase 2,
and Phase 3 shall be constructed by the Owners of Phase 11 Property. (As
used in this Attachment 5-A, the term "Remaining CFD funds" shall mean
available bond proceeds from duly authorized community facility district
bonds issued by the City and secured by a special tax on the Project Site or
the Phase II Properties, or both, pursuant to Section 3.1.3.5.)
2. Traffic Signal, Road, and Intersection Acquisition Fee
A. Description of Public Improvement. Establish an on and offsite traffic
signal, road and intersection acquisition fee. The fee amount will be
determined by the City based on cost estimates provided by the Owners of
Phase 11 Property and fees will be collected by the City at the time of
building permit issuance. The City will determine when the
improvements are required to be installed. The Constructing Party will be
11086-0097\1902902v4.doc 2-22-2016 17
reimbursed upon acceptance of the completed improvements by the City.
Owners of Phase II Property shall be responsible to cover the cost of any
shortfall.
The on and offsite traffic signals, roads, and intersections to which the
Acquisition Fee will be applied are:
• Butterfield Stage Road and Murrieta Hot Springs Road
• Butterfield Stage Road and Nicolas Road
• Butterfield Stage Road and Calle Chapos
• Nicolas Road at Winchester Road
B. Building Permit Release Schedule. The Owners of Phase II shall provide
cost estimates and fee basis to the Director of Public Works for approval
prior to issuance of 1 st building permit in Roripaugh Ranch Phase 11. The
City shall collect the approved fee amount at issuance of each Building
Permit in Roripaugh Ranch Phase 11 starting with the 1st building permit.
The ultimate signal modifications and associated improvements at the
Nicolas Road and Winchester Road intersection shall be operational prior
to the issuance of the 26th building permit in Roripaugh Ranch Phase II.
The timing of the installation for the remaining traffic signals and
intersection improvements shall be as determined by the City Director of
Public Works, and shall not be an unreasonable time-schedule.
The Constructing Party will be reimbursed upon acceptance of the
completed improvements by the City. Owners of Phase II Property shall
be responsible to cover the cost of any shortfa117
C. Responsibility. Owners of Phase 11 Property.
Shortfall costs to be allocated as noted in item #18 herein below.
3. Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road
Connection
A. Description of Public Improvement. Complete engineering design and
construct full Nicolas Road improvements from Butterfield Stage Road to
the Calle Girasol/Nicolas Road Connection.
The City will use the Remaining CFD funds, after the funding of
Butterfield Stage Road Phase 3, to construct the improvements from the
approved plan as a City-sponsored project. Owners of Phase II Property
shall be responsible to cover the cost of any shortfall. Owners of Phase II
Property shall be required, on behalf of the City, to provide for all required
engineering design, construction plans, CEQA analysis & processing,
environmental mitigation measures, right-of-way acquisition, and to
obtain all necessary Resource Agency and Riverside County Flood
11086-0097\1902902v4.doc 2-22-2016 18
Control and Water Conservation District permits. Costs of design,
mitigation, project management and construction will be eligible for
reimbursement from the CFD funds, with priority to the costs of
construction. Costs of right-of-way acquisition will be eligible for
reimbursement from the CFD funds upon completion of the required
acquisition. The approved plan shall include all utility, drainage, flood
control, bridge, and intersection improvements necessary for the roadway
connection.
Resource Agency permits for the offsite portion of Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection were
not obtained with the Resource Agency permits for Roripaugh Ranch
Phase II. Due to Resource Agency regulations, the offsite portion of
Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas
Road Connection should be combined with the permits for the Santa
Gertrudis Creek Channel improvements downstream of the existing
culverts at Butterfield Stage Road and processed and obtained as a single
package.
Upon review of final design plans and estimates by the City, the City shall
determine a security amount corresponding to the then current engineering
cost estimates plus design, mitigation and right-of-way acquisition costs,
costs of construction and contingencies for both the Nicolas Road
Improvements as described in this Section and the Santa Gertrudis Creek
Channel Improvements described in Section 4 of this Attachment 5-A
associated with the Nicolas Road crossing. Owners of Phase II Property
shall post a letter of credit with the City, in a form reasonably acceptable
to the City Attorney, in the amount of the security amount. The City shall
release the letter of Credit upon the occurrence of one of the following
events: (1) Completion of the construction of both the Nicolas Road
Improvements as described in this Section and the Santa Gertrudis Creek
Channel Improvements described in Section 4 of this Attachment 5-A
associated with the Nicolas Road crossing as required by this Agreement
to the satisfaction of the Director of Public Works; or(2) additional
proceeds from new CFD bonds are approved and available so that the
remaining CFD funds are sufficient to complete both the Nicolas Road
Improvements as described in this Section and the Santa Gertrudis Creek
Channel Improvements described in Section 4 of this Attachment 5-A
associated with the Nicolas Road crossing. After determination of the
security amount, any remaining CFD funds in excess of the security
amount may then be applied to Santa Gertrudis Creek and Long Valley
Wash channel improvements.
B. Building Permit Release Schedule.
1. Offsite Segment(Calle Girasol/Nicolas Road Connection to Phase
II Boundary). The Owners of Phase 11 Property shall submit
11086-0097\1902902v4.doc 2-22-2016 19
complete engineering design plans, including initial application for
Resource Agency permits and RCFC&WCD approvals, for
approval by the City Director of Public Works prior to issuance of
the 1st building permit in Roripaugh Ranch Phase II.
2. The Owners of Phase II Property shall make good faith efforts to
acquire any required regulatory agency permits/approvals on
behalf of the City, together with the Santa Gertrudis Creek
Channel Improvements downstream of the existing culverts at
Butterfield Stage Road regulatory agency permits/approvals as a
package, to allow for start of the City-sponsored project prior to
issuance of the 2001h building permit for the Phase 11 Property. If,
however, the Owners of Phase II Property are unsuccessful in
obtaining the required regulatory agency permits/approvals within
a reasonable timeframe to allow orderly development of Roripaugh
Ranch Phase 11, the Owners of Phase II Property may petition the
Director of Public Works to allow issuance of additional sequential
phases of 100 building permits, up to a total 522 building permits
prior to obtaining the required regulatory agency
permits/approvals. After 50 of each additional phase of 100
building permits have been issued, the Director of Public Works
shall determine, using ordinary and reasonable criteria, if sufficient
progress has been made in obtaining the regulatory agency
approvals for the City to issue the next additional phase of building
permits.
3. City shall construct Nicolas Road from the western Project
boundary to Calle Girasol Owners of Phase II Property shall
construct Nicolas Road Improvements from Butterfield Stage Road
to western Project boundaries as described in this Section with the
Park-n-Ride/Equestrian Staging Area, which is required to be
constructed prior to the 1st building permit for Roripaugh Ranch
Phase 11. Owners of the Phase 11 Property shall construct a
barricade and turn-around acceptable to the Fire Department on
Nicolas Road at the boundary of the Phase II Property to remain in
place until full Nicolas Road improvements are made from Calle
Girasol to the western project boundary and Butterfield Stage
Road.
C. Responsibility. City, Owners of Phase II Property.
Shortfall costs to be allocated between Owners of Phase II
Property as noted in item #18 herein below.
11086-0097\1902902v4.doc 2-22-2016 20
4. Santa Gertrudis Creek Channel Improvements
A. Description of Public Improvement. Construct the improvements upstream
and downstream of the existing culverts at Butterfield Stage Road from
the plans approved by the Riverside County Flood Control and Water
Conservation District(RCFC&WCD). Both upstream and downstream
improvements must be constructed concurrently.
Remaining CFD funds, after the funding of Butterfield Stage Road Phase
3, above the security amount determined by the City for Nicolas
Road/Calle Girasol improvements may be applied to Santa Gertrudis
Creek channel improvements.
Permanent maintenance of the Santa Gertrudis Creek Channel
Improvements shall be the responsibility of the RCFC&WCD.
City of Temecula, as the underlying property owner, will cooperate to
remove the existing Restrictive Covenant on the land, and to grant fee
ownership to the RCFC&WCD for permanent maintenance.
Resource Agency permits for the Santa Gertrudis Creek Channel
Improvements downstream of the existing culverts at Butterfield Stage
Road were not obtained with the Resource Agency permits for Roripaugh
Ranch Phase II, and the improvements are off site. Due to Resource
Agency regulations, the Santa Gertrudis Creek Channel Improvements
permits downstream of the existing culverts at Butterfield Stage Road
should be combined with the permits for Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection and processed
and obtained as a single package.
B. Building Permit Release Schedule.
1. Owners of Phase II Property shall submit complete engineering
design plans, including initial application for Resource Agency
permits and RCFC&WCD approvals, for approval by the City
Director of Public Works prior to issuance of the 1st building
permit in Roripaugh Ranch Phase II.
2. Owners of Phase II Property shall make good faith efforts to
acquire any required regulatory agency permits/approvals, together
with the Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection regulatory agency
permits/approvals as a package, prior to issuance of the 200th
building permit within the Roripaugh Ranch Phase II. If,
however, Owners of Phase II Property is unsuccessful in obtaining
the required regulatory agency permits/approvals within a
reasonable timeframe to allow orderly development of the
Roripaugh Ranch Phase II property, Owners of Phase II Property
11086-0097\1902902v4.doc 2-22-2016 21
may petition the Director of Public Works to allow issuance of
additional sequential phases of 100 building permits for the
Roripaugh Ranch Phase II property, up to a total of 522 building
permits within the Roripaugh Ranch Phase II property prior to
obtaining the required regulatory agency permits/approvals. After
50 of each additional phase of 100 building permits have been
issued, the Director of Public Works shall determine, using
ordinary and reasonable criteria, if sufficient progress has been
made in obtaining the regulatory agency approvals for the City to
issue the next additional phase of building permits for the
Roripaugh Ranch Phase II property.
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
5. Long Valley Wash Channel Improvements
A. Description of Public Improvement. Construct the Long Valley Wash
Channel Improvements from the plans approved by RCFC&WCD and/or
City of Temecula. Construction shall include the bridge abutments for the
Pedestrian Bridge.
Remaining CFD funds above the security amount determined by the City
for Nicolas Road/Calle Girasol and Santa Gertrudis Creek Channel
improvements may be applied to Long Valley Wash Channel
Improvements.
Permanent maintenance of the Long Valley Wash Channel Improvements
shall be the responsibility of the Roripaugh Ranch Phase II HOA, or other
maintenance entity reasonably approved by the City of Temecula. As
used in this Attachment 5A, "Roripaugh Ranch Phase II HOA," shall
mean a homeowners association duly incorporated under the laws of the
State of California for the purposes, among others, of maintaining the
various public and private improvements as provided in the Development
Agreement and funding such maintenance obligations. There shall only be
one HOA for Roripaugh Ranch Phase II maintenance obligations in a form
reasonably approved by the Director of Community Development and
City Attorney, provided, however, that this HOA may provide for special
benefit zones to fund maintenance obligations as approved by the Director
of Public Works.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
construct Long Valley Wash Channel Improvements prior to issuance of
the 1st building permit in a Planning Area draining into the channel (i.e.,
Planning Areas 17 through 31).
11086-0097\1902902v4.doc 2-22-2016 22
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
6. Water Quality Improvement Plan (WQMP)
A. Description of Public Improvement. As needed, each Owner of Phase II
Property shall submit a WQMP Amendment covering its ownership to the
San Diego Regional Water Quality Control Board (SDRWQCB) and City
for review and comment. The WQMP Amendments shall address both
construction and occupancy of the project. The amended WQMPs shall be
implemented to the satisfaction of the City Public Works Department.
B. Building Permit Release Schedule. Owners of Phase II Property shall each
submit WQMP Amendments covering their respective ownerships to the
SDRWQCB and City for review and comment prior to any additional
approval of plans, issuance of permits, and/or grading of each Party's site.
C. Responsibility. Owners of Phase 11 Property, individually by Planning
Area.
7. Remaining Public Improvements & Landscaping—Major Roadways
A. Description of Public Improvement. The Owners of Phase 2 Property shall
complete the public improvements, including sidewalks, parkway
landscaping, raised landscaped median landscaping, perimeter walls and
street lighting, along the frontage of major roadways adjacent to each
Planning Area in their respective ownerships, to the satisfaction of the
Public Works Director. This requirement will pertain to the following
major roadways:
• Murrieta Hot Springs Road
• Butterfield Stage Road
• Roripaugh Valley Road ("A" Street)
• Fiesta Ranch Road ("B" Street)
• Nicolas Road
• North Loop Road
• South Loop Road
In the event that sidewalks along the above streets are not continuous, the
Owners of Phase II Property shall provide an all-weather pedestrian path
of travel to ensure continuous pedestrian circulation.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
each complete the public improvements and landscaping including
sidewalk, parkway landscaping, raised landscaped median landscaping,
perimeter walls and street lighting, adjacent to their frontage on major
roadways, to the satisfaction of the Public Works Director, prior to the
11086-0097\1902902v4.doc 2-22-2016 23
issuance of the 1st building permit in each adjacent Planning Area and/or
Tract Map.
C. Responsibility. Owners of Phase II Property, individually by Planning
Area.
8. Permanent Maintenance of Parkway Landscaping—Landscape Maintenance
Master Plan
A. Description of Public Improvement. Although originally intended to be
maintained by the TCSD, permanent maintenance of slopes and parkways
along the frontage of major roadways in Roripaugh Ranch Phase II shall
be the responsibility of the Roripaugh Ranch Phase II HOA.
Owners of Phase II Property shall each prepare and submit a Landscape
Maintenance Master Plan to the Community Development Director for
review and comment covering all public and private open space areas,
parks, slopes, parkways, etc., and especially slopes and parkways along
their frontage on major roadways in Roripaugh Ranch Phase II, which will
not be maintained by individual commercial or residential property
owners. The Landscape Maintenance Master Plan(s) shall show the
locations of any necessary water meters and electrical meters, together
with the permanent maintenance entity for each area.
B. Building Permit Release Schedule. Owners of Phase II Property shall each
submit a Landscape Maintenance Master Plan for their respective
ownerships to the Community Development Director for review and
comment prior to the 1st building permit in each Planning Area and/or
Tract Map.
C. Responsibility. Owners of Phase II Property.
9. North and South Loop Roads— Complete Engineering and Landscape
Architectural Design
A. Description of Public Improvement. Complete engineering and landscape
architectural design as public roadways, with:
• narrow roadway pavement widths consistent with current City
design criteria;
• traffic calming measures including measures to address traffic
to/from Sports Park(Planning Area 27), Secondary School
(Planning Area 28) and Elementary School (Planning Area 29)
such as a traffic round-about on the North Loop Road easterly of
Planning Area 29;
• water quality measures addressing runoff from the roadway
pavement and parkway areas;
11086-0097\1902902v4.doc 2-22-2016 24
• areas with widened parkways, meandering sidewalks or trails,
variations in wall locations and type, or other design features
intended to create unique character and visual appeal; and
• a Phasing Plan for construction of the roads to allow for orderly
development of Roripaugh Ranch Phase II.
Submit design to the Public Works Director and Community Development
Director for approval.
B. Building Permit Release Schedule.
1. The Owners of Phase II Property shall complete engineering
design of the North and South Loop Roads, and a Phasing Plan for
construction of the roads to allow for orderly development, and
submit for approval to the Public Works Director and the Fire
Marshal prior to the issuance of the 1st building permit in
Roripaugh Ranch Phase II.
2. The Owners of Phase II Property shall complete landscape
architectural design of the North and South Loop Roads and
submit for approval to the Community Development Director prior
to the issuance of the 1st building permit in Roripaugh Ranch Phase
II.
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
10. Sports Park (Planning Area 27)— Complete Design & Construction and
Maintenance Agreement
A. Description of Public Improvement. Update design of the Sports Park
with:
• water quality measures addressing runoff from impervious areas
and incorporating Low Impact Development(LID)Best
Management Practices (BMPs), in accordance with the amended
W QMP;
• unnecessary turf areas converted to drought tolerant plant
materials;
• fescue turf soccer fields converted to synthetic turf,
• design of tot lot and playground updated to the latest Consumer
Product Safety Commission (CPSC) standards;
• proposed site lighting converted to more efficient LED lighting;
• pre-wiring for security cameras for each major use area (parking
lot, ball fields, restrooms, etc.) and provision of Closed-Circuit
Television (CCTV) system; and
11086-0097\1902902v4.doc 2-22-2016 25
• approval of the sports field lighting design by the Community
Services Director, and, if required, the Riverside County Airport
Land Use Authority, with the intent of minimizing the impacts of
lighting on the surrounding community,
• connection to the multi-use trails in Long Valley Wash and
potential connection to the Park-n-Ride, Equestrian, and Trailhead
facility in Planning Area 33B,
• conversion of the proposed ball field to a 90' infield/325' outfield.
Owners of Phase II Property shall submit design to the Community
Services Director and Public Works Director for approval.
B. Building Permit Release Schedule.
1. Prior to the issuance of the 1st building permit in Roripaugh Ranch
Phase 11, the Owners of Phase II Property shall update the Sports
Park design, and submit plans for approval to the Community
Services and Public Works Directors.
2. The Owners of Phase II Property shall construct the Sports Park
and the City shall accept the park, prior to issuance of the 1200'
building permit in Roripaugh Ranch, that number including
Roripaugh Ranch Phase I.
C. Responsibility. Owners of Phase 11 Property, with costs allocated on the
basis of the City of Temecula's typical parks fee methodology.
11. Private Recreation Center (Planning Area 30)—Use Analysis, Design
Development, and Construction and Maintenance Agreement
A. Description of Public Improvement. Perform a recreational use analysis to
guide design development of the Private Recreation Center, optimum
location within Roripaugh Ranch Phase II, and to form the basis for fair
share construction and maintenance fiscal contribution decisions by the
Owners of Phase II Property.
Perform design development based on the recreational use analysis and
submit to the Community Development Director for approval. Design
development drawings and documents must be sufficient to understand
recreational uses, conceptual architecture, construction costs and
maintenance/operational costs.
Permanent maintenance of the Private Recreation Center shall be the
responsibility of the Roripaugh Ranch Phase II HOA.
B. Building Permit Release Schedule. RVR and/or Wingsweep shall perform
a recreational use analysis, design development, and submit to the
Community Development Director for approval prior to the 1st building
11086-0097\1902902v4.doc 2-22-2016 26
permit in Roripaugh Ranch Phase 11. Prior to the issuance of the 300th the
schedule for completion of construction of the Private Recreation Center
shall be approved by the Director of Community Development. C.
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
12. Pedestrian Bridge over Long Valley Wash
A. Description of Public Improvement. Construct the Pedestrian Bridge over
Long Valley Wash. Bridge abutments to be constructed with Long Valley
Wash channel construction.
B. Building Permit Release Schedule. RVR shall construct the Pedestrian
Bridge prior to issuance of the 75th building permit for Planning Areas 22,
23, and 24.
C. Responsibility. RVR, individually.
13. Multi-Use Trail in Planning Areas 19, 20, & 21 —Design Development
A. Description of Public Improvement. Perform design development of the
15' wide Multi-Use Trail intended to provide a trail in Planning Area 21
and Planning Area 20 along their southerly boundary, then crossing Long
Valley Wash to connect to Planning Area 19 and along its easterly
boundary and connecting to properties to the east. Due to changed
conditions, trail access into Planning Area 13 has been precluded, crossing
of Long Valley Wash may only be accomplished at the easterly Loop
Road crossing and introduction of the Wine Country Sewer provides
additional opportunity for alternate trail alignment.
Design development shall include:
• measures to screen onsite and offsite homes from the trail on an
"as-needed" basis;
• measures to provide for safe crossing at the easterly Loop Road
crossing of Long Valley Wash;
• consideration of connection to properties to the east at Calle
Contento, in the alignment of the Wine Country Sewer, as opposed
to an alignment through Planning Area 19 to connect to Planning
Area 13;
• consideration of any potential connection of the trail alignment
through Planning Area 21 and Planning Area 20 to properties to
the south or to the west across Butterfield Stage Road, or to the
Equestrian and Trailhead Facilities required to be constructed in
Planning Area 33B. If safe and reasonably useful connections
from Planning Area 21 and Planning Area 20 to such properties or
to the Equestrian and Trailhead Facilities cannot be expected, then
11086-0097\1902902v4.doc 2-22-2016 27
alternate alignments, such as trail crossing facilities at Nicolas
Road and Butterfield Stage Road, and/or use of the multi-use trails
in Long Valley Wash shall be considered in the design
development instead;
• a Phasing Plan for construction of the multi-use trail in segments to
allow for its early construction as well as orderly development of
Roripaugh Ranch Phase II
Owners of Phase II Property shall submit design development to the
Community Development Director for approval.
Permanent maintenance of the Multi-Use Trail shall be the responsibility
of the Roripaugh Ranch Phase II HOA, or as determined in the Landscape
Maintenance Master Plans.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
perform design development of the Multi-Use Trail and submit to the
Community Development Director for approval prior to issuance of the 1st
building permit in Roripaugh Ranch Phase 11.
The Multi-Use Trail may be constructed in phases, in accordance with the
approved Design. In each Planning Area, the Multi-Use Trail shall be
constructed prior to issuance of the 1st building permit(excluding Model
Home permits)in the Planning Area.
C. Responsibility. Costs allocated in the future based on Planning Area
ownership (i.e. trail costs within each Planning Area will be borne by the
owner of that Planning Area).
14. Park-n-Ride, Equestrian Facilities, Trailhead in Planning Area 33B
A. Description of Public Improvement. Complete design and construct the
Park-n-Ride, Equestrian Facilities and Trailhead Facilities, in accordance
with the approved Multi-Use Trail design development and the
requirements of the City.
Permanent maintenance of and providing utilities for the Park-n-Ride,
Equestrian Facilities, and Trailhead in Planning Area 33B shall be the
responsibility of the Roripaugh Ranch Phase II HOA, or as determined in
the Landscape Maintenance Master Plans. Maintenance of the sites for
Park-n-Ride, Equestrian Facilities and Trailhead Facilities and the
facilities during construction shall be the responsibility of the Owners of
Phase II.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
complete design and construct the Park-n-Ride, Equestrian Facilities and
Trailhead Facilities in accordance with the approved Multi-Use Trail
11086-0097\1902902v4.doc 2-22-2016 28
design development and the requirements of the City, prior to issuance of
the 1st building permit in Planning Areas 10, 12, 14 thru 23, 31 and 33A.
Prior to issuance of the 1st building permit in Planning Areas 10, 12, 14
thru 23, 31 and 33A, the Owners of Phase 11 Property shall also complete
the design and construction of the portion of Nicolas Road from
Butterfield Stage Road to the MWD easement, including necessary
temporary turn-around geometrics to the satisfaction of the Director of
Public Works. The design and construction of this portion of Nicolas
Road must be coordinated and consistent with the engineering design and
construction of Nicolas Road (Item #3 of this Attachment 5-A).
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
15. Fire Protection Plans
A. Description of Public Improvement. Submit plans for structural protection
from vegetation fires to the City of Temecula Fire Department.
B. Building Permit Release Schedule. Owners of Phase II Property shall each
submit a Fire Protection Plan for their respective areas for approval by the
City of Temecula Fire Department prior to the approval of the Tentative
Tract/Parcel Map in each of their respective ownerships.
C. Responsibility. Owners of Phase 11 Property, individually by Planning
Area.
16. Roripaugh Valley Road ("A" Street)— Complete Improvements
A. Description of Public Improvement. Complete construction of Roripaugh
Valley Road Improvements from Murrieta Hot Springs Road to
Butterfield Stage Road.
Roripaugh Valley Road from Murrieta Hot Springs Road to the access for
the Neighborhood Park(Planning Area 6) shall be installed prior to the
acceptance of the Neighborhood Park by the City.
B. Building Permit Release Schedule. If not already completed with the
construction of the Neighborhood Park(Planning Area 6), Owners of
Phase 11 Property shall complete the Roripaugh Valley Road
Improvements prior to the issuance of the 1st building permit in Planning
Area 11.
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
11086-0097\1902902v4.doc 2-22-2016 29
17. Fiesta Ranch Road (`B" Street) Improvements —Complete Improvements
A. Description of Public Improvement. Complete construction of Fiesta
Ranch Road Improvements from Nicolas Road to Roripaugh Valley Road.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
complete the Fiesta Ranch Road Improvements prior to issuance of the 1st
building permit in Planning Area 12.
C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted
in item #18 herein below.
18. On-site and Off-site infrastructure improvements and facilities—
Proportional Cost Sharing.
A. Description of Public Improvement. Owners of Phase 11 Property shall
share the costs to complete the design, planning, government agency
permit approvals, construction and implementation of all of the On-site
and Off-site infrastructure improvements and facilities per the items above
on a proportional basis.
B. Building Permit Release Schedule. Not Applicable.
C. Responsibility. As costs are incurred, The Owners of Phase II Property
shall each pay their agreed upon proportional share of said approved costs.
RVR's proportionate share shall be ninety percent(90%).
Wingsweep's proportionate share shall be ten percent(10%).
11086-0097\1902902v4.doc 2-22-2016 30
Item No . 6
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Assistant City Manager
DATE: March 22, 2016
SUBJECT: Approve the Sponsorship and Economic Development Funding Agreement with
the Temecula Valley Balloon and Wine Festival Association for the "Temecula
Valley Balloon & Wine Festival" Event to be Held on May 20 —22, 2016
PREPARED BY: Christine Damko, Economic Development Analyst
RECOMMENDATION: That the City Council approve the Sponsorship and Economic
Development Funding Agreement with the Temecula Valley Balloon and Wine Festival
Association for $30,000, in-kind promotional services and the use of the Conference Center for
a day to train volunteers valued at $3,865, and the use of traffic control devices valued at
$3,200, for the 2016 Temecula Valley Balloon & Wine Festival to be held on May 20 —22, 2016.
BACKGROUND: The Temecula Valley Balloon and Wine Festival continues to be a
popular signature event, attracting thousands of residents and visitors of all ages.
The Economic Development Committee of the City Council (Mayor Pro Tem Edwards and
Council Member Comerchero) met on April 7, 2015 to review the budget on this special event
and recommended continued support, as this event increases local spending and generates
overnight stays. No commissions, consultant fees and/or salaries will be paid to any party from
the City of Temecula's sponsorship funding. The City will be listed as the event's Premier
sponsor.
The Temecula Valley Balloon and Wine Festival is held annually at Lake Skinner Recreation
Area. The event features morning balloon launches, evening balloon glows, wine tasting from
more than 20 wineries, wine competition, food and wine pairing, and music concerts. There is
also a giant arts and craft faire, kids faire, and fine art paintings on exhibit within the wine
gardens.
The Festival's marketing program will include: media kits, press releases and photos;
commercials and promotions on radio stations reaching Riverside, Orange, Los Angeles and
San Diego Counties; local cable television advertisements; collateral materials; and an
aggressive publicity campaign targeting these same areas using newpapers and major
magazines. In addition, the Festival maintains a website, as well as capitolizing on social media
and social networking using Facebook, Twitter and a blog site that carries event information and
entertainment schedules.
It is expected that this special event will draw over 35,000 visitors/residents, increase local
spending, generate overnight stays in local hotels and significantly add to the cultural appeal
and attraction to the City of Temecula as a destination.
The Festival Association has also requested use of the Conference Center to train volunteers
that will be working the event. The City Council has delgated the ability to waive the collection
of fee's for nonprofit events to the City Manager.
FISCAL IMPACT: Adequate funds for the $30,000 sponsorship for the 2016
Temecula Valley Balloon & Wine Festival have been included in the Fiscal Year 2015-16
Economic Development operating budget. There is no fiscal impact associated with the
promotional support and use of the traffic control devices. The promotional services are valued
at $3,865 and rental of similar traffic control devices would be valued at $3,200.
ATTACHMENTS: Agreement
SPONSORSHIP AND COMMUNITY SUPPORT FUNDING
AGREEMENT BETWEEN
THE CITY OF TEMECULA AND THE TEMECULA VALLEY
BALLOON & WINE FESTIVAL ASSOCIATION
THIS AGREEMENT is made and effective as of this 22ND day of March, 2016, and
between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and
The Temecula Valley Balloon and Wine Festival Association, a California nonprofit corporation
(hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions
and undertakings set forth herein, the parties agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of
the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate the Temecula Valley Balloon and Wine
Festival (hereinafter referred to as the "Event") on May 20, 21 & 22, 2016. The Event is a
special event which is located at Lake Skinner.
b. The Temecula Valley Balloon and Wine Festival is held annually at Lake
Skinner Recreation Area in the Southern California Temecula Valley. The event features
morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries,
wine competition, food and wine pairing, beer tasting from local brewers, food and beer pairing,
concerts featuring country on Friday, Rock, Pop and Alternative local bands on Saturday, and
Country and local Rock Bands on Sunday. The event will also include giant arts and craft faire,
kit's faire and fine art paintings on exhibit with the wine gardens.
C. Alcohol "will" be served.
d. The City desires to be a Premier Sponsor" of the Event by providing
Economic Development Funding and City Support Services.
2. TERM
This Agreement shall commence on March 22, 2016, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2016,
unless sooner terminated pursuant to the provisions of this Agreement.
3. CONSIDERATION
a. In exchange for providing the Nonprofit with in-kind city-support services
valued at an amount not to exceed Three Thousand Two Hundred Dollars and 00/100
($3,200.00), use of the Conference Center for training volunteers valued at an amount not to
exceed Seven Hundred Fifty Dollars and 00/100 ($750.00); and in-kind promotional services
valued at an amount not to exceed Three Thousand One Hundred Fifteen Dollars and 00/100
($3,115.00), as listed in Exhibit B, the City of Temecula shall be designated as a Premier
Sponsor of the Event. As a Premier Sponsor, the City shall receive sponsor benefits as listed
in Exhibit A.
b. The City of Temecula shall also provide Economic Development
Funding in the amount of Thirty Thousand Dollars and 00/100 ($30,000.00) cash which will be
allocated to pay for the Temecula Valley Balloon and Wine Festival.
G. The Nonprofit is requested to partner with the Temecula Valley
Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula
contracts with the TVCVB to generate Visitor-Related Economic Impact for the City of
Temecula. This will include but not be limited to over-night room bookings, dining and shopping
within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an
invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Nonprofit
shall include in its basic press kit a press release provided by the TVCVB which focuses on the
attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall
be provided to all media working with the Nonprofit or its representatives on festival-related
stories.
d. The Nonprofit shall support economies of the City of Temecula by
promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters,
etc.) first when competitive and practicable.
e. Within 30 days of the effective date of this Agreement, Nonprofit shall
submit a timeline showing the milestone dates that each Nonprofit marketing activity, including,
but not limited to, public relations and media schedules, marketing measures and other
promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit
makes a good faith effort to maximize attendance at the Temecula Valley Balloon and Wine
Festival.
4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and
submit to the Assistant City Manager a written report evaluating the Event, its attendance,
media coverage, and description of the materials in which the City has listed as a Premier
Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets,
etc., in a presentation notebook format. In addition, complete financial statements including a
balance sheet, income statement and budget to actual comparison report of the Event must be
included in such a written report.
5. Bi- ANNUAL FINANCIAL AUDIT
TVBWFA shall provide a copy of the financial audit by an independent certified public
accountant of the Temecula Valley Balloon and Wine Festival. This audit shall be conducted on
an every other year basis. The Temecula Valley Balloon and Wine Festival Association
submitted an audit March 2015 for the 2014 event, therefore, is not required to submit an audit
for the 2015 Festival.
6. MEETING ATTENDANCE
City Public Safety Staff shall attend all TVBWF pre-event planning meetings and event
recap meetings if warranted.
7. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its elected officials, officers, employees, volunteers, and
representatives from any and all suits, claims, demands, losses, defense costs or expenses,
actions, liability or damages of whatsoever kind and nature which the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, agents and employees may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of the
Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement.
8. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance
company, pay for and maintain in full force and effect for the duration of this Agreement an
insurance policy of comprehensive general liability against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by April 15, 2016, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a
non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Recipient has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Liquor Liability for bodily injury, personal injury and property
damages.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: Two million ($2,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Liquor Liability: One million dollars ($1,000,000) per accident for
bodily injury and property damage.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the Nonprofit; products and completed operations of the
Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased,
hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Temecula, the Temecula Community Services
District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Nonprofit's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula
Community Services District, the Successor Agency to the Temecula Redevelopment Agency,
their officers, officials, employees and volunteers. Any insurance or self-insured maintained by
the City of Temecula, Temecula Community Services District, and/or the Successor Agency to
the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be
excess of the Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, the Successor Agency to the Temecula
Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Nonprofit's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Nonprofit shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
9. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
10. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply
with this section.
11. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
12. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice:
Mailing Address: City of Temecula
Attn: Assistant City Manager
41000 Main Street
Temecula, CA 92590
To Recipient: The Temecula Valley Balloon &Wine Festival
Association
41755 Rider Way, Unit 1
Temecula, CA 92593 92590
a. The Nonprofit shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of the
Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this
Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City. The
Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to the Nonprofit in connection
with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to the Nonprofit for injury or sickness arising out of performing services
hereunder.
13. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
14. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit
and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The
City Manager is authorized to enter into an amendment on behalf of the City to make the
following non-substantive modifications to the agreement: (a) name changes; (b) extension of
time; (c) non-monetary changes in scope of work; (d) agreement termination.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA The Temecula Valley Balloon & Wine Festival
Association (Two Signatures of corporate officers required
unless corporate documents authorize only one person to sign the
agreement on behalf of the corporation.)
By: By:
Michael S. Naggar, Mayor Andrea Jacobson, Executive Director
ATTEST:
By: By:
Randi Johl, City Clerk Scott Soares, Chairman
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney NONPROFIT
The Temecula Valley Balloon and Wine Festival
Association
41755 Rider Way, Unit 1
Temecula, CA 92590
(951) 676-6713
PM InitiaC
Date:
EXHIBIT "A"
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FESTIVAL
2016 Premier Sponsor $30,000
June 2016
(Only one Premier Sponsorship available)
1 . Identification as Premier Sponsor in all Festival materials
2. Full page, color ad in Festival program
3. Inclusion of logo in all Festival print advertising
4. Announcements in all Festival paid radio and newspaper advertising
5. Sponsor representative interviewed on projected radio remote
broadcast
6. Right to use Festival logo on Premier Sponsor's materials
(with Festival advance approval)
7. Four signs or banners on-site at event (Sponsor to provide)
8. Separate display tent in high-traffic area
9. Access to VIP Hospitality Tent for twenty guests
10. Linking of Premier sponsor's web site to Festival site
11 . Recognized in Festival newsletter
12. Recognized in at least ten Festival news releases to general media
13. Sponsor's name in Festival brochure
14. Sixty adult Festival tickets
15. Thirty parking passes
16. Invitation to Sponsor Appreciation Dinner for twelve people
17. Thirty sets of Official Festival souvenir merchandise
EXHIBIT "B"
The City of Temecula shall provide Economic Development Funding in the amount of
Thirty Thousand Dollars and 00/100 ($30,000.00) to the Balloon & Wine Festival
Association.
IN-KIND SERVICES
ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
In no event shall the Public Works City-Support Costs exceed $3,200.
ESTIMATED VALUE OF PROMOTIONAL SERVICES
PROVIDED BY THE CITY OF TEMECULA
The estimated value for in-kind promotional assistance provided by the City of Temecula for the
Temecula Valley Balloon and Wine Festival is as follows:
Auto Mall Marquee $3,115
Conference Center $750
TOTAL: 3 865
Item No . 7
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: March 22, 2016
SUBJECT: Approve an Agreement for Consulting Services with Environmental Science
Associates for an Environmental Impact Report for the Proposed Cypress Ridge
Development
PREPARED BY: Lynn Kelly-Lehner, Senior Management Analyst
RECOMMENDATION: That the City Council approve an Agreement with Environmental
Science Associates, in the amount of $152,850, for the Preparation of an Environmental Impact
Report for the Proposed Cypress Ridge Development.
BACKGROUND: The City is currently processing a Development Plan to allow for
the construction of a 245 unit multi-family development, generally located on the northeast
corner of Pechanga Parkway and Loma Linda Road. To complete the necessary environmental
review for the proposed Cypress Ridge Development, as required by the California
Environmental Quality Act (CEQA), ESA will analyze and address impacts to the following
environmental factors:
• Air Quality
• Biological Resources and MSHCP Consistency
• Greenhouse Gas Emissions
• Cultural Resources
• Noise
• Traffic and Circulation
FISCAL IMPACT: There is no fiscal impact to the City. Sufficient funds have been
deposited by the applicant to cover the costs of the EIR.
ATTACHMENTS: Agreement
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES
ENVIRONMENTAL IMPACT REPORT FOR PROPOSED CYPRESS RIDGE DEVELOPMENT
THIS AGREEMENT is made and effective as of March 22, 2016, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental
Science Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on March 22, 2016, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2017,
unless sooner terminated pursuant to the provisions of this Agreement.
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 one
hundred fifty two thousand eight hundred fifty dollars ($152,850) 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: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Environmental Science Associates
Attn: Jack Gorzeman
550 West C Street
Suite 750
San Diego, CA 92101
619.719.4200
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Consultant, or Consultant's sub-contractors for this
project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to
make the following non-substantive modifications to the agreement: (a) name changes; (b)
extension of time; (c) non-monetary changes in scope of work; (d) agreement termination.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Michael S. Naggar, Mayor Bobbette Biddulph, Senior Vice
President
ATTEST:
By: By:
Randi Johl, City Clerk Eric Ruby, Senior Vice President
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney CONSULTANT
Environmental Science Associates
Attn: Jack Gorzeman
550 West C Street Suite 750
San Diego, CA 92101
619.719.4200
jgorzeman@esassoc.com
PM InitialL
Date:
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
Scope of Work
This scope of work has been developed based upon discission with City of Temecula staff, available project
documents and information,CEQA statute and guidelines,and City of Temecula CEQA guidelines.
Task 1 - Project Management/Coordination/Preliminary Environmental
Review
Project management/coordination and attendance at meetings will occur under this task_ We anticipate
approximately 12 hours per month for project management/coordination for the duration of the project_We have
also included costs for meeting attendance and conference calls with the city and the project team for the duration
of the CEQA process, estimated to take 9 months. Meetings include a neighborhood informational meeting, and
Planning Commission and City Council public hearings. This task will include preliminary research and review
of the project application materials,preparation of an Initial Study/Notice of Preparation(IS/NOP),and submittal
of the IS/NOP to the State Clearinghouse_
Assronptions:
• The City will mail all CEQA noticing associated with the IS/NOP except for the State Clearinghouse.
• ESA will submit the IS,NOP to the State Clearinghouse.
Deliverables:
• 1 electronic cop► ofISINOP
• For SCH-1 S copies of the NOP, 15 CDs of IS/NOP
Task 2 - Draft EIR
ESA will prepare an Administrative Draft EIR for review by the City of Temecula and the project team The
Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15163 of the CEQA
addelines.The following outline summarizes the proposed organization of the Draft EIR:
Executive Summary. The executive summary provides a synopsis of the project's potential impacts_ It
identifies,in an overview fashion,the proposed project under consideration and its objectives including any
design features of the project that would be implemented_ This section also summarizes marizes the proposed
project's impacts and mitigation measures and contains a summary analysis of the alternatives to the
proposed project.
Introduction.The introduction includes the purpose of an EIR and procedural information.
Project Description.The project description includes the project background, project location and setting,
site characteristics, project objectives and the characteristics of the project. The section also includes a
summary of the necessary permits and approvals for the proposed project.
Environmental Setting, Impacts, and Mitigation Measures. The existing environmental setting is
described and documented for each environmental factor identified in the Initial Study. Information is
graphically depicted and described in the separate sections of the document.For each potentially significant
issue identified in the NOP..Initial Study,this section of the EIR includes a discussion of the environmental
setting, project impacts (distinguished between primary and secondary impacts), cumulative impacts,
project design features, level of significance before mitigation, mitigation measures, and the level of
significance after mitigation_ The assessment of impacts is consistent with CEQA requirements and utilizes
defined thresholds of significance to determine the impacts of the proposed project_
Cumulative Impacts. This section includes a discussion of the past, present, and reasonably foreseeable
future projects and activities in the surrounding areas. This section also provides an analysis of the
cumulative impacts for each issue area analyzed in the EIR-
Alternatives Analysis. This section presents an overview of the alternatives development process and
describes and analyzes the alternatives to the proposed project, including the No Project Alternative.Up to
three alternatives including the mandatory No Project Alternative will be considered for analysis.
Other CEQA Considerations.This section presents an overview of the impacts of the project in the sense
that it may foster economic or population growth, or additional housing, either indirectly or directly. This
section also provides an analysis of the extent to which the project's primary and secondary effects would
conn-tit resources to uses that future generations would probably be unable to reverse.
Acronyms, References and List of Preparers. This section provides a list of acronyms used throughout
the EIR,the resources referenced in the EIR, and a list of the individuals who contributed to the preparation
of the EIR.
Subsequent to the City's review of the Administrative Draft EIR, ESA will prepare a Screencheck Draft EIR for
final approval,followed by the Draft EIR for public review.We assume that changes will be minimal due to early
consultation with the City,and previous review/updates of technical reports submitted as part of the project.ESA
will prepare the Notice of Availability(NOA)for the City's use.
Assumptions:
• The City will distribute the NOA and Draft EIR to the agencies and interested parties.
• ESA will submit the Notice of Completion(NOC)and required documents to the State Clearinghouse_
Deliverables:
• 3 copies each—Administrative Screencheck and ScreencheckDraft El 1 electronic copy
• 5 copies of Final DEDR 1 electronic copy of Final DEIR and NOA, up to 40 CDs of Final DEIR
• For SCH—15 copies of Executive Summary; 15 CDs of DEIR,NOC
Task 3 — Final EIR / Findings / Mitigation Monitoring Report
At the conclusion of the public review period, ESA will work with City to obtain all continents received on the
Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft
EIR in the form of errata showing changes in underline/strikeout, where required, will be prepared once all
comments are received. It is assumed that, if required,the applicant's technical consultants will provide any and
all necessary input to the responses to continent letters that may be required.
It is difficult to predict public reaction to the Draft SEIR at this time. For the purposes of this proposal, it is
assumed that public reaction to the document will be limited to a maximum of 10 comment letters not exceeding
an average of four pages per comment letter.In the event that the public comments on the Draft SEIR are greater
than expected, ESA will meet with the City to adjust the work program/budget as necessary. An Administrative
Final EIR will be submitted to the City for review.
Upon incorporation of comments on the Administrative Final EIR,ESA will prepare a Screencheck Final EIR for
submittal to the City and project team. ESA assumes that comments on the Screencheck Final EIR will be
nummal,due to previous review and consultation with the City and the applicant when comments were received.
This scope of work assumes one review cycle for the Screencheck Final EIR_
Subsequent to City review of the Screencheck Final EIR, ESA will prepare the Final EIR that will include the
following chapters: Introduction, Errata, and Responses to Conmients. ESA will also prepare the Findings and a
Statement of Overriding Considerations, if required. ESA will transmit a Notice of Completion and the required
copies of the Final EIR to the State Clearinghouse. ESA will also prepare a Notice of Determination(NOD) for
the City to file with the County Clerk.
Assumptions:
• The City-Mll notify the agencies that commented on the Draft EIR 10 days prior to certifying the EIR, as
required under Section 15088(b)of the CEQA Guidelines.
• ESA will submit a Notice of Completion of the Final EIR and any required copies to the State
Clearinghouse.
Deliverables:
• 3 copies each—Administrative and Screencheck Final EIR, 1 electronic copy
• 20 Copies—Final EIR, 15 CDs
• 1 electronic copy—1VOC and NOD
ESA will prepare a detailed Mitigation Monitoring and Reporting Program (N ARP) in accordance with
Section 15063 of the CEO 4 Guidelines in response to any significant environmental impacts that may be
identified as a result of the proposed development. The MMRP will be submitted with the Final EIR for
consideration by the decision-makers.
Deliverables:
• 3 copies each—Administrative and Screencheck Final EIR, 1 electronic copy
Task 4 — (optional) Peer Review of Technical Studies by Other
Consultants
At the request of the City, ESA will review the technical studies prepared by other consultants as part of the
project for sufficiency of information to be included in the EIR. ESA's peer review does not include verification
of the accuracy of calculations,analysis and conclusions that support the technical studies. Studies to be reviewed
may include a preliminary water quality management plan, drainage study, geotechnical study, Phase I
environmental site assessment,and sewer and water studies.
Assumptions:
• This task assumes one review cycle for each study.
Deliverables:
• A consolidated set of comments
Environmental Studies
Based on the knowledge of the project,the following specific issues will be evaluated and updated in the EIR:
Air Quality
The project site is located within the South Coast Air Basin(Basin)under the local jurisdiction of the South Coast
Air Quality Management District (SCAQMD). Site preparation and construction activities, as well as project
operational characteristics, could generate substantial short-term temporary and long-term operational emissions
of criteria air pollutants (such as particulate matter) and ozone precursors. Sensitive receptors in the project
vicinity include numerous residences, a community park, a community center (e.g. Boys and Girls Club) and a
middle school. Construction, area, and mobile source emissions associated with the project may result in project
emissions that exceed SCAQMD's adopted thresholds of significance. These new emissions, added to existing
sources of air pollution and cumulative development planned for the area, could contribute to the degraded air
quality within the Basin.
Tasks
• Discuss the local and regional climate, meteorology, and topography as they affect the accumulation or
dispersion of pollutants.
• Identify federal, state, and local regulatory agencies responsible for air quality management, and briefly
summarize pertinent federal, state, and local air quality policies,regulations, and standards as they pertain to
the proposed project site.
• Summarize current air quality conditions and recent trends in the project area on the basis of the annual air
quality monitoring data summaries published by the SCAQMD.
• Discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most
recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based.
Identify any policies or goals embodied in the AQMP that would apply to the proposed project site.
• Identify specific air-pollutant-sensitive land uses or activities in the vicinity of the project site or along roads
providing access to the project site.
• Describe the SCAQMD air quality impact significance thresholds for new developments.
• Determine, at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants
generated by construction activities. Estimate construction-related emissions for all project components using
the most recent versions of ARB's OFFROAD and EMFAC air pollutant emissions models as incorporated
into the SCAQMD-recommended California Emissions Estimator Model(CalEEMod).
• Estimate area-and mobile-source emissions associated with the project based on proposed building sizes and
types and the project traffic analysis using the most recent version of CalEEMod.
• The construction and operational analysis will include an assessment of the projects possible effect on local
air quality, including carbon monoxide, nitrogen dioxide and particulate matter concentrations at nearby
sensitive receptors.The analysis will be conducted in accordance with the SCAQMD's localized significance
thresholds methodology.
• Discuss the potential for air pollutant emissions from development in the project area to adversely affect
sensitive land uses or acti-ities,including carbon monoxide hotspots and toxic air contaminants, or to impede
attainment of state or federal air quality goals. This assumes a qualitative approach to both topics.
• Discuss conformance of the project with AQMP, and determine whether identified air quality impacts would
exceed SCAQMD thresholds of significance.
• Assess the potential for the proposed project to create objectionable odors that could affect a substantial
number of people.
• Identify cumulative development in the area and discuss the potential for cumulative development to
adversely affect air quality or impede attainment of air quality goals.
• Identify practical, feasible, and clear measures to mitigate the adverse impacts of the project on air quality
that are identified in the analysis.
Greenhouse Gas Emissions
ESA will assess the potential climate change impacts in preparation of the Climate Change EIR section. In 2006,
California passed the California Global Warming Solutions Act of 2006(Assembly Bill No.32;California Health
and Safety Code Division 25.5, Sections 38500, et seq., or AB 32), which requires the ARB to design and
implement enussion limits,regulations,and other measures to reduce statewide GHG emissions to 1990 levels by
2020. Senate Bill(SB) 97, signed August 2007, acknowledges that climate change is a prominent environmental
issue that requires analysis under CEQA. On April 29, 2015,Govenor Jerry Brown issued an Executive Order to
establish a California GHG reduction target of 40 percent below 1990 levels by 2030. The updated CEQA
Guidelines include requirements for determining the significance of impacts from GHG emissions. The project
will generate GHG emissions during constriction and operations. The GHG analysis for the project will include
responses to all questions in the Greenhouse Gas Emissions section of Appendix G of the CEQA Guidelines.
Tasks
• Summarize the federal, state, regional, and local regulatory environment relative to climate change and
generation of GHG emissions_
• Describe the existing setting as it relates to GHG emissions.
• Quantify emissions of GHGs, primarily carbon dioxide, methane, and nitrous oxide, resulting from
construction and operation of the proposed project using the most recent version of the SCAQMD-
recommended CalEEMod; and following the SCAQMD's methodology which includes amortized
construction emissions as part of the total project GHG emissions.
• Address impacts based on the CEQA Guidelines Appendix G checklist questions pertaining to GHG
emissions.
• Document conformance with the City's Sustainability Plan,including GHG-reduction measures.
• Based oil the recent California Supreme Court decision on Center for Biological Diversity v. California
Department of Fish and Wildlife(November 30,2015,Case No.217763),review the Sub-regional Climate
Action Plan of the Western Riverside Council of Goverlm iennts. incorporate text to the GHG impact
analysis discussing the Supreme Court's decision and how it relates to the significance criteria used
to evaluate GHG impacts. research potential GHG emission thresholds and discuss derivations and
applicability to the proposed project: and. craft a determination of significance and identify feasible
mitigation to address and assess the residual impact should the significance determination be
significant.
Assumptions:
• GHG analysis data sheets will be incorporated in the Appendix of the EIR and the findings detailed in the
Greenhouse Gas Emissions and Climate Change section of the EIR_
Noise
Noise generated by construction activities and operational noise from the completed project would increase noise
levels as a result of an increase in local traffic and operational activities_This analysis will be based on the traffic
report and construction equipment mix.
Tasks
• Briefly describe and discuss existing major noise sources at the project site, particularly the noise from
adjacent roadways. Describe the existing noise eni onment on the basis of up to four short-term
measurements carried out by ESA staff.
• Briefly summarize state and local noise policies, regulations, and standards as they pertain to the proposed
Project-
• Identify noise-sensitive land uses or activities in the vicinity of the project site, and along roads providing
access to the project site,that would be affected by development of the proposed project.
• Discuss the potential for on-site construction activities to affect nearby residences and other sensitive
receptors. This discussion will be based upon proposed construction activities and scheduling information
provided by the applicant. Otherwise, this discussion will be based upon peak noise levels generated by an
assumed standard mix of construction equipment and activities.
• Using the Federal Highway Administrations Highway Traffic Noise Prediction Model(FHWA-RD-77-108),
ESA will calculate existing, future base case (i.e., without the project), future project case (i.e., with the
project), roadside noise levels along road segments that would be affected by motor vehicle traffic generated
by the project,to determine whether project vehicular traffic would adversely affect adjacent land uses.
• Identify cumulative development in the project area (i.e., development that is under formal consideration or
has been approved, and discuss the potential for cumulative development to adversely affect noise-sensitive
land uses.
• Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise.
Mitigation measures will be developed in consultation with the lead agency and responsible agencies as
appropriate.
• Develop and discuss measures to mitigate potentially significant noise impacts.
Assumptions:
• Noise analysis data sheets will be incorporated in the Appendix of the EIR and the findings detailed in
the Noise section of the EIR.
Biological Assessment / MSHCP Conformance
The previous project (Bella Linda) was been reviewed by the Riverside County EPD for compliance with the
MSHCP and has an approved Determination of Biologically Superior or Equivalent Preservation (DBESP),
Habitat Acquisition and Negotiation Strategy (HANS) and a Regional Conservation Authority Joint Project
Review Consistency Determination. It is understood that all future specific development proposals require
MSHCP consistency review to ensure compliance with these documents if the development footprints have
changed.While the HANS was performed in 2005, the modification of the proposed design may require an
update. A revised DBESP and HANS are not included in this scope of work.
ESA will use the previously prepared biological documentation and MSHCP consistency findings and other
available information sources such as aerial photographs, topographic maps California Department of Fish and
Game (CDFG) California Natural Diversity Data Base (CNDDB) and the California Native Plant Society's
Electronic Inventory of Rare and Endangered Vascular Plants of California, to document existing biological
resources. With this formation as a basis,we will develop a list of threatened and endangered and other sensitive
species with potential to occur within, or in habitats adjacent to, the project area. ESA will also obtain official
special status species lists for the project area from the U.S. Fish and Wildlife Service. In addition, ESA will
review and determine the applicability of biological analyses in other available planning and site-specific
biological assessments and EIRs written for the region.
Subsequent to the gathering of this background dataset,we will conduct a reconnaissance site visit to confine that
conditions have not changed since the last biological resources documentation, and to record any potential
changes that may have occurred. From a 2011 site visit,mulefat scrub, a wetlands-associated plant commntunity,
was observed along drainages in the northern and southeastern portions of the site. While the previous
documentation stated that no jurisdictional waters were present on the site,the presence of mulefat scrub indicates
a potential change in the site conditions. Potential jurisdictional waters regulated by the Army Corps of
Engineers will also need to be re-evaluated based upon the August 2015 new rule. The Phase I burrowing owl
survey will also need to be conducted to determine if suitable burrowing owl habitat is now present onsite. A
Phase II survey is not included in this scope of work. If a Phase II survey is needed, a proposal will be prepared
subsequent to the completion of the Phase I survey.
An updated MSHCP Consistency Determination will be prepared based upon the habitat assessment.
Tasks
• Update the habitat assessment, including review the above outlined infornnation; conduct a field survey to
verify vegetation and wildlife habitat in the project area including the potential onsite occurrence of special-
status species,wetlands and other sensitive biological resources,and potential wildlife movement corridors.
• Conduct a Jurisdictional Delineation of wetland and non-wetland waters of the US/State and
Riparian/Riverine Habitat under the MSHCP.
• Perform a Phase I burrowing owl survey and prepare a letter report of the findings.
• Update the MSCHP Consistency Determination and submit to the RCA to determine if a new Joint Project
Review, DBESP and HANS are required. If required, a proposal will be prepared subsequent to a
determination letter by the RCA.
• Review the findings of the RCA approvals and convert the findings/requirements into EIR mitigation
measures.
Traffic and Circulation
Fehr and Peers performed the traffic study for the former Bella Linda Project. Significant savings is possible by
having Fehr &r Peers prepare the Traffic Impact Analysis (TIA) for the proposed project by reusing counts and
forecasting efforts from the Altair Specific Plan EIR currently underway in the City of Temecula (also prepared
by Fehr&t Peers as a sub-consultant to ESA) and from the models they have coded from the former Bella Linda
TIA. Fehr and Peers would be a sub-consultant to ESA and prepare the TIA.The scope of work is detailed in the
attached letter from Fehr&Peers dated September 4,2015.
Cultural Resources Assessment
ESA prepared a Phase I and Extended Phase I cultural resources assessment as part of the Bella Lunda EIR. The
information in these reports is still applicable to the site;however, due to the passing of time, an updated records
search through the Easter Information Center and an updated Sacred Lands File would be conducted and the
results incorporated in an addendum to the reports. In addition, ESA will incorporate any information and
mitigation measures in the EIR that may be negotiated as a result of the required AB 52 coordination to be led by
the City. ESA will also address in the EIR a new Appendix G question under the CEQA Guidelines required by
AB 52 —"Mould the project cause a substantial adverse change in the significance of a tribal cultural resource
as defined in Public Resources Code 21074?"
Assumptions:
• No additional cultural field investigative work will be required above what has already been performed.
• The City will be responsible for implementing AB 52 for the project, including all noticing and
negotiation with the Native American tribes.
EXHIBIT B
Payment Rates and Schedule
Schedule
We understand that an efficient EIR preparation and processing schedule is required for this project and that
certification of the EIR by the City will be the critical path for project scheduling purposes. The Administrative
Draft EIR can be completed within six weeks of receipt of the final site plan, all technical studies by other
consultants, and completion of the traffic study which is anticipated to take up to 6 weeks from the scoping plan
to be approved by the City.A detailed schedule will be developed once a contract for the work identified herein is
executed.
Cost Estimate
The following cost estimate has been prepared to outline estimated costs to complete the above outlined tasks.
Reimbursable expenses, including travel+'parking, etc. will be invoiced in accordance with ESA standard rate
schedule below(attached).
Our services will be billed monthly on a time-and-materials basis. Should the need arise for additional
professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory
environment, or requirements exceeding our specified budget allowances, ESA will only undertake such
additional services upon receipt of authorization by the City of Temecula.
COST ESTIMATE—CYPRESS RIDGE EIR
TASK COST
Task 1—Pro)ect Management!Coordination/Meetings/Heahngs $25,650
Task 2—Draft EIR $32,700
Technical Studies=
Air Quality/GHG Assessment $10,900
Noise Assessment $ 5,500
Biological Assessment/JD/MSHCP Report/Ph 1 BUOW survey $16,000
Traffic Report $33,350
Cultural Resources(records update/AB 52) $ 6,000
Task 3—Final EIR/Findings/Mitigation Monitoring Program S 13,400
Reimbursable Expenses(in-house copying,mileage,postage,etc.) S 1,600
Document Reproduction S 3,750
Subtotal 5148.850
Task 4—(Optional)Peer review technical studies by other consultants $ 4.000
Total $152.850
Item No . 8
Approvals �—
City Attorney 11
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: March 22, 2016
SUBJECT: Approve WRCOG BEYOND Framework Fund Program Funding Agreements for
Six Projects and Authorize the Mayor to Execute the Agreements
PREPARED BY: Julie Tarrant, Senior Management Analyst
RECOMMENDATION: That the City Council approve WRCOG BEYOND Framework Fund
Program Funding Agreements for Six Projects and Authorize the Mayor to execute the Agreements
on behalf of the City in substantially the form on file in the Office of the City Clerk.
BACKGROUND: The BEYOND Program is WRCOG's Economic Development and
Sustainability Framework, which was approved by WRCOG's Executive Committee in 2012.
Beginning Fiscal Year 2015-16, WRCOG is allocating $1.8 million for use by WRCOG's member
agencies to develop and implement plans and programs that can improve the quality of life in
Western Riverside County by addressing critical growth components such as economic
development, water, environment, energy, health and transportation.
The funding allocations for this fiscal year included $140,357 for the City of Temecula. Member
agencies were required to submit one or multiple project applications for a total not to exceed the
awarded allocation. Project applications were to include a project overview, anticipated outcomes,
identify the population served/benefitted, any project partners, intended deliverables, a cost
allocation plan, project schedule, and a project summary description of how the project addressed
one or more of the six goals articulated in WRCOG's Economic Development & Sustainability
Framework. Applications were required to demonstrate consistency with at least one goal.
The City of Temecula submitted six project applications for the following projects:
No. Dept. Project Name Amount
1. TCSD Global Citizens Viticulture & Hospitality Vocational $15,000
Program
2. TCSD Sam Hick's Monument Park Sustainable Landscape $20,000
Project
3 Emergency Video Vignette (Public Education) $ 2,500
Management
4 Economic TVE2 Stem and Youth Enrichment Program $15,000
Development
5 Economic Grow Temecula Valley—Agritourism and Foodie $15,000
Development Marketing Campaign
6. Public Works Public Works — Sixth Street Sidewalk Improvements $72,857
All project applications were reviewed and approved and WRCOG has prepared six Program
Funding Agreements for the BEYOND Framework Fund projects.
City staff requests that Tom Garcia, Director of Public Works/City Engineer be named the City's
representative and that the Mayor be authorized to sign each agreement on behalf of the City, in
substantially the form on file in the Office of the City Clerk.
FISCAL IMPACT: There is no fiscal impact for TCSD, Emergency Management or
Economic Development/City Manager. All expenditures will be offset by revenues from the WRCOG
BEYOND Fund Program. The Public Works project will be included in the Fiscal Year 2017-21
Capital Improvement Program (CI P) and is fully funded with the WRCOG BEYOND Fund Program
and DIF-Streets.
ATTACHMENTS: 1. Agreement—Global Citizens Viticulture & Hospitality Vocational
Program
2. Agreement — Sam Hick's Monument Park Sustainable
Landscape Project
3. Agreement—Video Vignette (Public Education)
4. Agreement—TVE2 Stem and Youth Enrichment Program
5. Agreement — Grow Temecula Valley — Agritourism and Foodie
Marketing Campaign
6. Agreement— Sixth Street Sidewalk Improvements
PROJECT #: 2331-16-02
For Public Agency Use Only
BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
GLOBAL CITIZENS VITICULTURE & HOSPITALITY VOCATIONAL PROGRAM
THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of
March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a
California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and
AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as
"Parties".
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (`BEYOND").
B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG
has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG
member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to
each member agency are listed in Exhibit "A" attached hereto and incorporated herein by
reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG's Economic
Development and Sustainability Framework Goals; (2) to provide a match for grants and other
funding opportunities consistent with WRCOG's Economic Development and Sustainability
Framework Goals; or (3) to pool resources with other member agencies for larger projects
consistent with WRCOG's Economic Development and Sustainability Framework Goals.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG's Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to
the AGENCY for Global Citizens Viticulture & Hospitality Vocational Program, (the "Project").
The Work, including a project schedule and a detailed scope of work, is more fully described in
Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and,
pursuant to Section 18 below, is subject to modification if requested by the AGENCY and
approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the
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Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's
Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached
hereto and incorporated herein by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed FIFTEEN THOUSAND DOLLARS
($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described
in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding
Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge
and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the
maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if
the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I,
WRCOG is neither obligated nor required to distribute those remaining unused funds to the
AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total
Project Cost") may include the following items, among others, provided that such items are
included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant
costs associated with direct Project coordination and support such as staff time (including
interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project
materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the
Project meets at least one goal contained in WRCOG's Economic Development and
Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total
Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of
incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the
AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project
costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project
costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment
addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices
or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost
categories for which Program Funds are being used (e.g., labor, material, overhead, consultant,
etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three
(3) years and shall be made available for review by WRCOG. The AGENCY shall submit
invoices not more often than monthly and not less often than quarterly. AGENCY may use the
template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by
reference.
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b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs
for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that
WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an
invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and
payment for that disputed amount will be withheld, without interest, pending resolution of the
dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY
may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's
Administration & Finance Committee, provided the AGENCY submits its request for appeal to
WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer
process. The WRCOG Administration & Finance Committee shall provide its recommendation
in writing to the full WRCOG Executive Committee, which shall then decide whether the
disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of
submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by
reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total
Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall
reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification
by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible
Project costs shall be at the sole discretion of WRCOG.
6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion,
be augmented with additional Program Funds by a written amendment to this Agreement
approved by WRCOG's Executive Director. In no case shall the amount of Program Funds
allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for
the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for
any Project already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a
grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify
WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the
following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds
for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant
to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the
Alternative Project.
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9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13.
All applicable indemnification provisions of this Agreement shall remain in effect following the
termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY
shall submit a final progress report (to be provided under separate cover) to WRCOG, providing
the following information: description of Project outcomes, lessons learned, deliverables,
summary of financials, and any other information as requested by WRCOG.
10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee,
shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG
for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director
of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to
WRCOG. The AGENCY's representative shall have the authority to act on behalf of the
AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project
under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG's representative and any other agencies which may have jurisdiction over or an interest
in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project
for which Program Funds have been provided. In the event that WRCOG terminates this
Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an
amount equal to the aggregate total of all unpaid invoices which have been received from the
AGENCY regarding the Project at the time of the notice of termination; provided, however, that
WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to
conducting a review of the invoices and requesting additional information. Upon such
termination, the AGENCY shall, within 180 days, complete any portion or segment of work for
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the Project for which Program Funds have been provided. This Agreement shall terminate upon
receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of
the segment or portion of Project work for which Program Funds have been provided.
c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this
Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
SeMc., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et SeMc.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project. The AGENCY, however, must submit to
WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests
for such reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands,
costs or liability arising from or connected with all activities governed by this Agreement
including all design and construction activities, due to negligent acts, errors or omissions or
willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY
for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in
defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of WRCOG.
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the AGENCY or any
other person or entity under this Agreement shall not be construed to operate as a waiver of any
rights WRCOG may hold under this Agreement or of any cause of action arising out of this
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Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with
applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of
this Agreement or supervision of any services provided to complete the Project.
17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG's Representative, provided that such approval shall be in the sole discretion of
WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under
this Agreement are limited to those described herein. WRCOG has no obligation with respect to
the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
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21. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respect to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least three (3) years following termination of this Agreement, and they shall
have access to such information during the three-year period for the purposes of examination or
audit.
22. Equal Opportunity Employ The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
24. Attorneys' Fees. If either party commences an action against the other party arising out
of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venture with the AGENCY for such purpose.
28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules
and regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA")
and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the
necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in
completion of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
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If to AGENCY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Tom Garcia, Director of Public Works/City Engineer
Telephone: (951) 694-6444
Facsimile: (951) 694-6475
tom.garcia@cityoftemecula.org
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration, Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of the
Parties and the interpretation of the Parties' understanding concerning the Agreement.
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers' compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
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35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Michael S. Naggar
Executive Director Mayor
Attest:
By: Date:
Randi Johl, City Clerk
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Peter M. Thorson
General Counsel City Attorney
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EXHIBIT "A"
MEMBER AGENCY FUNDING ALLOCATION
Round I
Member Agency Total Funds
City of Banning $39,300
City of Calimesa $36,177
City of Canyon Lake $36,537
City of Corona $147,600
City of Eastvale $83,549
City of Hemet $86,597
City of Jurupa Valley $88,942
Project 1 $20,000
Project 2 $20,000
Project 3 $28,942
Project 4 $20,000
City of Lake Elsinore $83,238
City of Menifee $87,039
City of Moreno Valley $153,294
City of Murrieta $140,126
City of Norco $38,650
City of Perris $85,280
Project 1 $42,640
Project 2 $42,640
City of Riverside $169,740
City of San Jacinto $41,471
City of Temecula $140,357
Project 1 $2,500
Project 2 $15,000
Project 3 $15,000
Project 4 $20,000
Project 5 $72,857
Project 6 $15,000
City of Wildomar $39,814
County of Riverside $161,402
Project 1 $136,402
Project 2 $25,000
Eastern Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Western Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Riverside County Superintendent of Schools $35,000
Morongo Band of Mission Indians $35,000
Exhibit A
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EXHIBIT `B"
SCOPE OF WORK
SCOPE OF WORK:
Scope of Work
The Global Citizens Viticulture & Hospitality Vocational program is a unique public-private
partnership between the City of Temecula and Spero Vineyards offering specialized job and life
skills training for youth and adults with disabilities. As the Heart of Southern California Wine
Country, this program offers training in computer skills, local vineyard history, hospitality,
customer service, and agriculture. The current class comprises the aro cohort of students to
complete the program. Students in the program receive instruction in the history and culture of
the wine country, viticulture science, hospitality, business and marketing, and various
theoretical and hands-on agricultural aspects of the wine making business. In addition, a series
of field experiences to Spero Vineyards support the students by providing hands-on
experiences to strengthen and maximize learning and understanding.
The classroom sessions and the vineyard field experiences are interactive and hands-on to
stimulate and engage students. Versatile job skills that are applicable to a variety of
environments are taught with a high return on relevance. In addition, students will be given the
opportunity to earn a customer service certification and a food handler's license, which are
underwritten by the City of Temecula. Our goal is to train a highly specialized work force
capable of delivering a quality end product while equipping individuals with disabilities with the
skills necessary to obtain meaningful employment.
Attached Project Description: Curriculum
Exhibit B
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Bud et
Global Citizens Viticulture/Hospitality Vocational Program Costs
Based on a one-year program(2 sessions:Spring and Fall)with 10 students and 4 staff members
Category Cost Line Item Justification
$ 2,520.00 Recreational Staff(1) Staffing costs include planning(40 hours),
Staffing $ 1,512.00 Paid Intern (1) preparation (2 hours/day),and class hours
$ - Unpaid Intern (2) (2 hours/day).
$ 3,200.00 N/A Includes the following:juice filtration
equipment,student/staff offi ce s uppl i es,
Materials printingfees,snacks/food,t-shirts,gloves,
rakes,pruners,wood (for projects),etc.
$ 3,500.00 Spero On-the-Field Experiences (7) $500/each =$3,500
$ 300.00 Customer Services Certification $22/student certificate=$220;Al ison
Workshops Online Training Website
$ 280.00 Food Handlers Certification
$ 225.00 Winery Tour (2) $27/student=$270;Riverside County Dept.
Events $ 600.00 Disability Employment Luncheon Food, materials,honorariums.
$ 600.00 Completion Ceremony Food, materials,completion plaques.
To lead onefield experience.
Pest Control To consult on al l 6 field experiences and
Consultant $ 200.00 Viticulturist activities.*To assess/work with students in-
Services $ 1,000.00 *Occupational Therapist class and during on-the-field experiences,to
in-kind *Physical Therapist better orga ni ze a nd structure the classes.
in-kind *Psychologist/Behaviorist
$ 560.00 Transportation To field experiences,winery tours.
$ 1,000.00 StaffTraining Viticulture research and development and
I ndi rect trai ni ng opportunities
$ 400.00 IStaff Uniforms
Total 1 $ 15,397.00
This spreadsheet is based on an annual summer program with 10 students and 3 staff members
Category Cost Line Item Justification
$ 562.50 Recreation Staff(1) Staffing costs include planning
$ 243.00
Staffing $ -
Printing fees,student/staff office suppl ies,
$ 800.00 N/A snacks/food.
Events $ 600.00 Completion Ceremony Food, materials,completion plaques
in-kind *Financial Literacy *To provide presentation on outlined topic.
Workshop in-kind *CPR/First Aid
Presenters in-kind *Transportation
in-kind *Housing
Research and developmentfor in-class
Indirect $ 300.00 StaffTraining instruction topics.
Total $ 2,470.00
Program Total $ 17,867.00
Exhibit B
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Timeline
Disability Employment Luncheon (Event)
o February 18, 2016 11:30 am — 1:00 pm Temecula Conference Center
Spring Session M/W 9:00 AM— 11:00 AM (Viticulture Program)
o Start Date—February 24, 2016
o End Date—April 13, 2016
o Completion Date—April 18, 2016
§ Summary:
• As part of the curriculum for the Spring Global Citizens Viticulture Program
participants will be introduced to the fundamental components of viticulture,
science, agriculture, business, and hospitality. To meet the students individual
learning needs, the program will feature both in-class sessions and field
experiences. The goal of this session is to guide the students through the
beginning stages of the grape growing cycle. The students will leave the
session with certified customer service training as well as the basic knowledge
of viticulture.
Staff Program Debriefing
o April 25, 2016
o Review Spring 2016 session, identify highlights and areas needing improvement
o Outline Fall 2016 session and identify goals
Global Citizens Summer Program M/W 9:00 AM— 11:30 AM (interim between
sessions)
o Start Date—July 5, 2016
o End Date—July 25, 2016
o Completion Date—July 27, 2016
§ Summary:
• The Global Citizens Summer Program is intended to be an interactive and
fund job and life skills program for youth and young adults with special needs.
This program focuses on soft skills, vocational skills, and independent living
skills. Participants attend workshops on financial literacy, transportation, and
communication, hosted by professionals from the community. Participants will
leave this program with certified CPR training, and a professional resume.
This program is offered to non-viticulture participants. Also, an interim
program between the two sessions.
Fall 2016 Session M/W 9:00 AM— 11:00 AM(Viticulture Program)
o Start Date—August 17, 2016
o End Date— October 5, 2016
o Completion Date— October 12, 2016
Exhibit B
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§ Summary:
• The goal of the Fall session is to get the participants familiar with the harvest
and post-harvest activities that occur in the wineries. The program will teach
the science, agriculture, business, and hospitality aspects of enology in a way
that meets the personal learning styles of the students. Participants will leave
this session with Riverside County Food Handlers cards as well as basic
knowledge of winery operations and wine making
Exhibit B
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EXHIBIT "C"
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K-12 schools, colleges and universities,government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional
government to improve the health of our region's environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians,transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Exhibit C
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Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies,businesses, and residents.
Energy/Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
Exhibit C
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EXHIBIT "D"
TEMPLATE INVOICE
Member Agency Invoice#:
Address Date:
City, State, Zip Code
Bill to: Western Riverside Council of*Governments
Attn: Ernie Reyna, Chie Financial Officer
Purpose o Invoice:Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Iff
Contact
Name:
Title:
Phone Number:
Email Address:
Exhibit D
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Elements of Compensation
EXHIBIT "E"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least each quarter, and not more often than each month, the AGENCY shall submit an
invoice for eligible Project costs incurred during the preceding time period. The original
invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
2. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order
to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. All documentation from the AGENCY's contractors should be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and
its attachment.
5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the
invoice.
Exhibit E
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EXHIBIT "E-I"
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the AGENCY'S invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By:
Name
Title
cc:
Exhibit E-1
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BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
SAM HICK'S MONUMENT PARK SUSTAINABLE LANDSCAPE PROJECT
THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of
March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a
California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and
AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as
"Parties".
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (`BEYOND").
B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG
has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG
member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to
each member agency are listed in Exhibit "A" attached hereto and incorporated herein by
reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG's Economic
Development and Sustainability Framework Goals; (2) to provide a match for grants and other
funding opportunities consistent with WRCOG's Economic Development and Sustainability
Framework Goals; or (3) to pool resources with other member agencies for larger projects
consistent with WRCOG's Economic Development and Sustainability Framework Goals.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG's Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to
the AGENCY for Sam Hick's Mounument Park Sustainable Landscape Project, (the "Project").
The Work, including a project schedule and a detailed scope of work, is more fully described in
Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and,
pursuant to Section 18 below, is subject to modification if requested by the AGENCY and
approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the
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Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's
Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached
hereto and incorporated herein by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed TWENTY THOUSAND DOLLARS
($20,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described
in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding
Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge
and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the
maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if
the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I,
WRCOG is neither obligated nor required to distribute those remaining unused funds to the
AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total
Project Cost") may include the following items, among others, provided that such items are
included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant
costs associated with direct Project coordination and support such as staff time (including
interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project
materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the
Project meets at least one goal contained in WRCOG's Economic Development and
Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total
Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of
incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the
AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project
costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project
costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment
addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices
or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost
categories for which Program Funds are being used (e.g., labor, material, overhead, consultant,
etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three
(3) years and shall be made available for review by WRCOG. The AGENCY shall submit
invoices not more often than monthly and not less often than quarterly. AGENCY may use the
template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by
reference.
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b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs
for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that
WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an
invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and
payment for that disputed amount will be withheld, without interest, pending resolution of the
dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY
may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's
Administration & Finance Committee, provided the AGENCY submits its request for appeal to
WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer
process. The WRCOG Administration & Finance Committee shall provide its recommendation
in writing to the full WRCOG Executive Committee, which shall then decide whether the
disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of
submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by
reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total
Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall
reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification
by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible
Project costs shall be at the sole discretion of WRCOG.
6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion,
be augmented with additional Program Funds by a written amendment to this Agreement
approved by WRCOG's Executive Director. In no case shall the amount of Program Funds
allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for
the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for
any Project already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a
grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify
WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the
following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds
for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant
to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the
Alternative Project.
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9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13.
All applicable indemnification provisions of this Agreement shall remain in effect following the
termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY
shall submit a final progress report (to be provided under separate cover) to WRCOG, providing
the following information: description of Project outcomes, lessons learned, deliverables,
summary of financials, and any other information as requested by WRCOG.
10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee,
shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG
for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director
of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to
WRCOG. The AGENCY's representative shall have the authority to act on behalf of the
AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project
under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG's representative and any other agencies which may have jurisdiction over or an interest
in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project
for which Program Funds have been provided. In the event that WRCOG terminates this
Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an
amount equal to the aggregate total of all unpaid invoices which have been received from the
AGENCY regarding the Project at the time of the notice of termination; provided, however, that
WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to
conducting a review of the invoices and requesting additional information. Upon such
termination, the AGENCY shall, within 180 days, complete any portion or segment of work for
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the Project for which Program Funds have been provided. This Agreement shall terminate upon
receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of
the segment or portion of Project work for which Program Funds have been provided.
c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this
Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
SeMc., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et SeMc.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project. The AGENCY, however, must submit to
WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests
for such reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands,
costs or liability arising from or connected with all activities governed by this Agreement
including all design and construction activities, due to negligent acts, errors or omissions or
willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY
for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in
defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of WRCOG.
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the AGENCY or any
other person or entity under this Agreement shall not be construed to operate as a waiver of any
rights WRCOG may hold under this Agreement or of any cause of action arising out of this
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Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with
applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of
this Agreement or supervision of any services provided to complete the Project.
17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG's Representative, provided that such approval shall be in the sole discretion of
WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under
this Agreement are limited to those described herein. WRCOG has no obligation with respect to
the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
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21. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respect to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least three (3) years following termination of this Agreement, and they shall
have access to such information during the three-year period for the purposes of examination or
audit.
22. Equal Opportunity Employ The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
24. Attorneys' Fees. If either party commences an action against the other party arising out
of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venture with the AGENCY for such purpose.
28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules
and regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA")
and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the
necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in
completion of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
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If to AGENCY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Tom Garcia, Director of Public Works/City Engineer
Telephone: (951) 694-6444
Facsimile: (951) 694-6475
tom.garcia@cityoftemecula.org
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration, Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of the
Parties and the interpretation of the Parties' understanding concerning the Agreement.
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers' compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
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35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Michael S. Naggar
Executive Director Mayor
Attest:
By: Date:
Randi Johl, City Clerk
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Peter M. Thorson
General Counsel City Attorney
L�
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EXHIBIT "A"
MEMBER AGENCY FUNDING ALLOCATION
Round I
Member Agency Total Funds
City of Banning $39,300
City of Calimesa $36,177
City of Canyon Lake $36,537
City of Corona $147,600
City of Eastvale $83,549
City of Hemet $86,597
City of Jurupa Valley $88,942
Project 1 $20,000
Project 2 $20,000
Project 3 $28,942
Project 4 $20,000
City of Lake Elsinore $83,238
City of Menifee $87,039
City of Moreno Valley $153,294
City of Murrieta $140,126
City of Norco $38,650
City of Perris $85,280
Project 1 $42,640
Project 2 $42,640
City of Riverside $169,740
City of San Jacinto $41,471
City of Temecula $140,357
Project 1 $2,500
Project 2 $15,000
Project 3 $15,000
Project 4 $20,000
Project 5 $72,857
Project 6 $15,000
City of Wildomar $39,814
County of Riverside $161,402
Project 1 $136,402
Project 2 $25,000
Eastern Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Western Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Riverside County Superintendent of Schools $35,000
Morongo Band of Mission Indians $35,000
Exhibit A
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EXHIBIT `B"
SCOPE OF WORK
SCOPE OF WORK:
Scope of Work
The Sam flicks Monument Park-Sustainable Landscaping Project will fund adding a
sustainable landscaping component to an existing Sam Hicks Monument Park Playground
Enhancement project, a project currently under way which replaces outdated equipment with a
custom playground. The additional component will remove existing water-wasting
landscaping, prirranly lawn and shrubs that surround the new playground area, and replace it
with indigenous plants, natural surfaces. drip irrigation and interpretative signs,
The project to change the landscaping will enhance a custom playground project funded
through Community Development Block Grant that is currently underway. This project-Sant
Hicks Monument Park Playground Enhancement- celebrates the natural and cultural history of
the Temecula Valley through creative custom play elements. Construction is underway, with
Installation expected by summer of 2416. The new custom built playground will feature
interpretive play elements celebrating the cultural history of the Temecula Malley, including the
Native American story, ranching and settlers, and modern history-
This intent of this project is to add an additional landscaping component surrounding the
playground, creating a regionally appropriate environment that uses sustainable materials,
conserves water, and minimizes the waste generated by the current landscaping. The plan will
also act as an outdoor exhibit using natural elements to tell the story of water conservation,
recycling and sustainable human settlement in the Temecula Valley, past, present and future.
The scope of work will include designating the area around the playground to be changed,
identifying appropriate plants and hardscapes, developing a plot map including plans to change
existing irrigation to drip irrigation, obtaining the necessary approvals and implementing the
plan. Tasks include meeting with Consultants. local water agencies, higher learning
institutions, and with Pechanga Band of Luiserfa Indians Cultural Resources team to develop
lists of ingenious plants and their uses; meeting to create the plan-, obtain plan approval from
the City of Temecula Park and Recreation sub-oommittee; write copy for signs-, hire the sign
company-, implement the landscaping plan and install the signs. Milestones are delineated in
Section V Schedule below.
The Sam Hicks Monument Paris -Sustainable Landscaping Project will allow for natural
resources education, providing a tangible connection to the themes of natural and cultural
history. The combination of unique play elements surrounded by natural landscaping and
interpretive signs will tell the story of stewardship of the land throughout the ages. The park will
cultivate in the visitor an appreciation for the region's heritage and inspire proper environmental
stewardshin for futiire aPrPrat ions
Exhibit B
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Budget
Western Rit"vde Councd d Governments-f3erend rrameworir fund Procron
Budget Form
City of Temecula/Temecula Valley Museum ►ieGtye)remectaia. rcmecubvaoymusew"
Sam Hicks Monument Pdrk- Sustainable Landscapirg Project Protect Director: Trocyfrrk
Proocl Grant P#f*d: i ua rear 7015-7016
Caffoutalliwal Detaik/Nota Cilly Waded WK.06 Funded /rojact Total
1.salarbm a Waits
Prclect Ormtcr Itrxy ►roar►r rste W S35.91 @ 50 hrs S 1,794.50 S S 1,148.50
trillfwjseurr+hlana er
Protect Managot/PuUlf WoAs Hwrly ra o JP SSS 00 ip 30Ivs S 1,65000 S - 5 1,65000
Mut«um-cqmial6t Hour' rMe 0 13 SS di 7S hrs 5 1.01625 1 1,01625
2.Fnnje lenertts
Prgact Drto"tro ITrwcy H"jrrr r,t.p 13 CQ iA 50 his 5 65000 5 S 650.00
1 rt lV iseum filana or
Prole,ct hlanaeer/Public Wcv-ts hour/r rate tb iS t)0 iti 30 hrs S 45000 S S 450.00
hluscum Slxxialrt Hoof.y rate tp 1.S2 tp 7S his S 11400 S 114.00
3.Con>Aom fees
iandwapsy Contractor Hour►rraca®SO OO df 40 hrs S 5 2.00000 5 1.00000
hr atton Contractor Howly rate 005000 Cd 22 hrs 1,10000 11,100001
4.Su i Materials
Plant 200 9 00 ca 5S l 7900 00 $ 1.8w 00
Decomposed Uranffi 80 csrbs;Icer As 60.00 es 5 1100 00 S 4.8W-00
R"k Logo?*29 a 301'Decorative Rocs j10 0 S115tal 5 $ 1.25000 S 1,25000
Wood Chp Playground Cl%AAty 200 Cubk yards V59-00 va 5 5 1,8t00A0 S 1,80000
1716P a at 1000 Squire Feet:52 25 pro J 2.15000 150000
[Mcfpfelle.1c SJJ242S signs at 100 ria - SAID 03 S.00000
City of Iemctulallcmemla Matey Museum/Sam Hicts Morsument Part Sustanable landsrAarg Prolect
Exhibit B
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Timeline
February 26, Create Sam Hicks Park Sustainable Landscaping Committee including Public
2016 Works, museum staff,Nature works, Inc., Pechanga Cultural Resources staff
and appropriate vendors
First meeting to discuss goals of project, define specific area and assign tasks
March 11, 2016
Second meeting to discuss goals of project, define specific area and assign
March 25, 2016 tasks
March 30, 2016 Finalize tasks
March 30, 2016 Prepare plant, signage and materials lists and finalize budget
April 8, 2016 Create planting plot map and plan signage
April 15, 2016 Write sign labels and select vendor
May 6, 2016 Sam Hicks Sustainable Landscape Committee Presentation to City of
Temecula Parks and Recreation Sub-Committee
May 9, 2016 Contract for signage vendor complete
May 17, 2016 Install new plants and hardscape elements
June 6, 2016 Final proof of signs
June 20, 2016 Install signs
June 27-July 31, Playground installation tentatively scheduled
2016
Exhibit B
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EXHIBIT "C"
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K-12 schools, colleges and universities,government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional
government to improve the health of our region's environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians,transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Exhibit C
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Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies,businesses, and residents.
Energy/Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
Exhibit C
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EXHIBIT "D"
TEMPLATE INVOICE
Member Agency Invoice#:
Address Date:
City, State, Zip Code
Bill to: Western Riverside Council of*Governments
Attn: Ernie Reyna, Chie Financial Officer
Purpose o Invoice:Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Iff
Contact
Name:
Title:
Phone Number:
Email Address:
Exhibit D
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Elements of Compensation
EXHIBIT "E"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least each quarter, and not more often than each month, the AGENCY shall submit an
invoice for eligible Project costs incurred during the preceding time period. The original
invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
2. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order
to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. All documentation from the AGENCY's contractors should be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and
its attachment.
5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the
invoice.
Exhibit E
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EXHIBIT "E-I"
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the AGENCY'S invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By:
Name
Title
cc:
Exhibit E-1
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20323.00005\24434070.1
PROJECT #: 2331-16-01
For Public Agency Use Only
BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
VIDEO VIGNETTE (PUBLIC EDUCATION)
THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of
March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a
California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and
AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as
"Parties".
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (`BEYOND").
B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG
has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG
member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to
each member agency are listed in Exhibit "A" attached hereto and incorporated herein by
reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG's Economic
Development and Sustainability Framework Goals; (2) to provide a match for grants and other
funding opportunities consistent with WRCOG's Economic Development and Sustainability
Framework Goals; or (3) to pool resources with other member agencies for larger projects
consistent with WRCOG's Economic Development and Sustainability Framework Goals.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG's Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to
the AGENCY for Video Vignette (Public Education), (the "Project"). The Work, including a
project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached
hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18
below, is subject to modification if requested by the AGENCY and approved by WRCOG. The
Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be
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used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and
Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein
by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed TWO THOUSAND FIVE HUNDRED
DOLLARS ($2,500.00), to be used for reimbursing the AGENCY for eligible Project expenses
as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that
the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties
acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in
excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and
agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for
Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to
the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by
WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total
Project Cost") may include the following items, among others, provided that such items are
included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant
costs associated with direct Project coordination and support such as staff time (including
interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project
materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the
Project meets at least one goal contained in WRCOG's Economic Development and
Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total
Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of
incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the
AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project
costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project
costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment
addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices
or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost
categories for which Program Funds are being used (e.g., labor, material, overhead, consultant,
etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three
(3) years and shall be made available for review by WRCOG. The AGENCY shall submit
invoices not more often than monthly and not less often than quarterly. AGENCY may use the
template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by
reference.
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b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs
for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that
WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an
invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and
payment for that disputed amount will be withheld, without interest, pending resolution of the
dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY
may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's
Administration & Finance Committee, provided the AGENCY submits its request for appeal to
WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer
process. The WRCOG Administration & Finance Committee shall provide its recommendation
in writing to the full WRCOG Executive Committee, which shall then decide whether the
disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of
submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by
reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total
Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall
reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification
by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible
Project costs shall be at the sole discretion of WRCOG.
6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion,
be augmented with additional Program Funds by a written amendment to this Agreement
approved by WRCOG's Executive Director. In no case shall the amount of Program Funds
allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for
the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for
any Project already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a
grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify
WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the
following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for
the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to
Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the
Alternative Project.
9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13.
All applicable indemnification provisions of this Agreement shall remain in effect following the
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termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY
shall submit a final progress report (to be provided under separate cover) to WRCOG, providing
the following information: description of Project outcomes, lessons learned, deliverables,
summary of financials, and any other information as requested by WRCOG.
10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee,
shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG
for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director
of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to
WRCOG. The AGENCY's representative shall have the authority to act on behalf of the
AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project
under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG's representative and any other agencies which may have jurisdiction over or an interest
in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project
for which Program Funds have been provided. In the event that WRCOG terminates this
Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an
amount equal to the aggregate total of all unpaid invoices which have been received from the
AGENCY regarding the Project at the time of the notice of termination; provided, however, that
WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to
conducting a review of the invoices and requesting additional information. Upon such
termination, the AGENCY shall, within 180 days, complete any portion or segment of work for
the Project for which Program Funds have been provided. This Agreement shall terminate upon
receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of
the segment or portion of Project work for which Program Funds have been provided.
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c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this
Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
seq., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et seq.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project. The AGENCY, however, must submit to
WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests
for such reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands,
costs or liability arising from or connected with all activities governed by this Agreement
including all design and construction activities, due to negligent acts, errors or omissions or
willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY
for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in
defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of WRCOG.
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the AGENCY or any
other person or entity under this Agreement shall not be construed to operate as a waiver of any
rights WRCOG may hold under this Agreement or of any cause of action arising out of this
Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with
applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of
this Agreement or supervision of any services provided to complete the Project.
Page 5 of 17
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17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG's Representative, provided that such approval shall be in the sole discretion of
WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under
this Agreement are limited to those described herein. WRCOG has no obligation with respect to
the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
21. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
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employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respect to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least three (3) years following termination of this Agreement, and they shall
have access to such information during the three-year period for the purposes of examination or
audit.
22. Equal Opportunity Employment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
24. Attorneys' Fees. If either party commences an action against the other party arising out
of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venture with the AGENCY for such purpose.
28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules
and regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA")
and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the
necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in
completion of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
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If to AGENCY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Tom Garcia, Director of Public Works/City Engineer
Telephone: (951) 694-6444
Facsimile: (951) 694-6475
tom.garcia@cityoftemecula.org
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration, Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of the
Parties and the interpretation of the Parties' understanding concerning the Agreement.
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers' compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
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35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Michael S. Naggar
Executive Director Mayor
Attest:
By: Date:
Randi Johl, City Clerk
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Peter M. Thorson
General Counsel City Attorney
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EXHIBIT "A"
MEMBER AGENCY FUNDING ALLOCATION
Round I
Member Agency Total Funds
City of Banning $39,300
City of Calimesa $36,177
City of Canyon Lake $36,537
City of Corona $147,600
City of Eastvale $83,549
City of Hemet $86,597
City of Jurupa Valley $88,942
Project 1 $20,000
Project 2 $20,000
Project 3 $28,942
Project 4 $20,000
City of Lake Elsinore $83,238
City of Menifee $87,039
City of Moreno Valley $153,294
City of Murrieta $140,126
City of Norco $38,650
City of Perris $85,280
Project 1 $42,640
Project 2 $42,640
City of Riverside $169,740
City of San Jacinto $41,471
City of Temecula $140,357
Project 1 $2,500
Project 2 $15,000
Project 3 $15,000
Project 4 $20,000
Project 5 $72,857
Project 6 $15,000
City of Wildomar $39,814
County of Riverside $161,402
Project 1 $136,402
Project 2 $25,000
Eastern Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Western Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Riverside County Superintendent of Schools $35,000
Morongo Band of Mission Indians $35,000
Exhibit A
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EXHIBIT `B"
SCOPE OF WORK
SCOPE OF WORK:
Scope of Work
The funds will be used to produce a video vignette to educate the public about emergency
preparedness efforts before, during, and after a catastrophic event. More specifically, the
vignette will outline the City of Temecula's "all-hazards" approach to emergency management,
the establishment of an Emergency Operations Center, the role of first responders, the role of
the Temecula Citizens Corps, sandbag availability, and individual responsibility. The final
product will be placed on the City's website, social media, cable television, etc. for ongoing
public education.
The video vignette shall be completed (shot, edited, delivered) approximately 30 days after the
grant is awarded.
Budget
The video vignette will be produced by a video company that the City currently utilizes in other
capacities_ The video company will charge the City $2,500 to shoot, edit, and deliver the final
video product.
Timeline
The video vignette shall be completed (shot, edited, delivered) approximately 30 days after the
grant is awarded.
Exhibit B
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EXHIBIT "C"
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K-12 schools, colleges and universities,government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional
government to improve the health of our region's environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians,transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Exhibit C
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Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies,businesses, and residents.
Energy/Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
Exhibit C
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EXHIBIT "D"
TEMPLATE INVOICE
Member Agency Invoice#:
Address Date:
City, State, Zip Code
Bill to: Western Riverside Council of*Governments
Attn: Ernie Reyna, Chie Financial Officer
Purpose o Invoice:Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Iff
Contact
Name:
Title:
Phone Number:
Email Address:
Exhibit D
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Elements of Compensation
EXHIBIT "E"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least each quarter, and not more often than each month, the AGENCY shall submit an
invoice for eligible Project costs incurred during the preceding time period. The original
invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
2. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order
to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. All documentation from the AGENCY's contractors should be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and
its attachment.
5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the
invoice.
Exhibit E
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EXHIBIT "E-I"
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the AGENCY'S invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By:
Name
Title
cc:
Exhibit E-1
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BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
TVE2 STEM AND YOUTH ENRICHMENT PROGRAM
THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of
March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a
California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and
AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as
"Parties".
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (`BEYOND").
B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG
has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG
member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to
each member agency are listed in Exhibit "A" attached hereto and incorporated herein by
reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG's Economic
Development and Sustainability Framework Goals; (2) to provide a match for grants and other
funding opportunities consistent with WRCOG's Economic Development and Sustainability
Framework Goals; or (3) to pool resources with other member agencies for larger projects
consistent with WRCOG's Economic Development and Sustainability Framework Goals.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG's Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to
the AGENCY for TVE2 STEM and Youth Enrichment Program, (the "Project"). The Work,
including a project schedule and a detailed scope of work, is more fully described in Exhibit"B"
attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section
18 below, is subject to modification if requested by the AGENCY and approved by WRCOG.
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The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be
used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and
Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein
by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed FIFTEEN THOUSAND DOLLARS
($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described
in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding
Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge
and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the
maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if
the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I,
WRCOG is neither obligated nor required to distribute those remaining unused funds to the
AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total
Project Cost") may include the following items, among others, provided that such items are
included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant
costs associated with direct Project coordination and support such as staff time (including
interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project
materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the
Project meets at least one goal contained in WRCOG's Economic Development and
Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total
Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of
incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the
AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project
costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project
costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment
addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices
or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost
categories for which Program Funds are being used (e.g., labor, material, overhead, consultant,
etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three
(3) years and shall be made available for review by WRCOG. The AGENCY shall submit
invoices not more often than monthly and not less often than quarterly. AGENCY may use the
template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by
reference.
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b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs
for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that
WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an
invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and
payment for that disputed amount will be withheld, without interest, pending resolution of the
dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY
may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's
Administration & Finance Committee, provided the AGENCY submits its request for appeal to
WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer
process. The WRCOG Administration & Finance Committee shall provide its recommendation
in writing to the full WRCOG Executive Committee, which shall then decide whether the
disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of
submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by
reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total
Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall
reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification
by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible
Project costs shall be at the sole discretion of WRCOG.
6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion,
be augmented with additional Program Funds by a written amendment to this Agreement
approved by WRCOG's Executive Director. In no case shall the amount of Program Funds
allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for
the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for
any Project already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a
grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify
WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the
following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for
the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to
Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the
Alternative Project.
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9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13.
All applicable indemnification provisions of this Agreement shall remain in effect following the
termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY
shall submit a final progress report (to be provided under separate cover) to WRCOG, providing
the following information: description of Project outcomes, lessons learned, deliverables,
summary of financials, and any other information as requested by WRCOG.
10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee,
shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG
for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director
of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to
WRCOG. The AGENCY's representative shall have the authority to act on behalf of the
AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project
under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG's representative and any other agencies which may have jurisdiction over or an interest
in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project
for which Program Funds have been provided. In the event that WRCOG terminates this
Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an
amount equal to the aggregate total of all unpaid invoices which have been received from the
AGENCY regarding the Project at the time of the notice of termination; provided, however, that
WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to
conducting a review of the invoices and requesting additional information. Upon such
termination, the AGENCY shall, within 180 days, complete any portion or segment of work for
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the Project for which Program Funds have been provided. This Agreement shall terminate upon
receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of
the segment or portion of Project work for which Program Funds have been provided.
c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this
Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
SeMc., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et SeMc.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project. The AGENCY, however, must submit to
WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests
for such reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands,
costs or liability arising from or connected with all activities governed by this Agreement
including all design and construction activities, due to negligent acts, errors or omissions or
willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY
for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in
defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of WRCOG.
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the AGENCY or any
other person or entity under this Agreement shall not be construed to operate as a waiver of any
rights WRCOG may hold under this Agreement or of any cause of action arising out of this
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Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with
applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of
this Agreement or supervision of any services provided to complete the Project.
17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG's Representative, provided that such approval shall be in the sole discretion of
WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under
this Agreement are limited to those described herein. WRCOG has no obligation with respect to
the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
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21. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respect to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least three (3) years following termination of this Agreement, and they shall
have access to such information during the three-year period for the purposes of examination or
audit.
22. Equal Opportunity Employ The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
24. Attorneys' Fees. If either party commences an action against the other party arising out
of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venture with the AGENCY for such purpose.
28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules
and regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA")
and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the
necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in
completion of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
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If to AGENCY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Tom Garcia, Director of Public Works/City Engineer
Telephone: (951) 694-6444
Facsimile: (951) 694-6475
tom.garcia@cityoftemecula.org
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration, Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of the
Parties and the interpretation of the Parties' understanding concerning the Agreement.
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers' compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
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35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Michael S. Naggar
Executive Director Mayor
Attest:
By: Date:
Randi Johl, City Clerk
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Peter M. Thorson
General Counsel City Attorney
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EXHIBIT "A"
MEMBER AGENCY FUNDING ALLOCATION
Round I
Member Agency Total Funds
City of Banning $39,300
City of Calimesa $36,177
City of Canyon Lake $36,537
City of Corona $147,600
City of Eastvale $83,549
City of Hemet $86,597
City of Jurupa Valley $88,942
Project 1 $20,000
Project 2 $20,000
Project 3 $28,942
Project 4 $20,000
City of Lake Elsinore $83,238
City of Menifee $87,039
City of Moreno Valley $153,294
City of Murrieta $140,126
City of Norco $38,650
City of Perris $85,280
Project 1 $42,640
Project 2 $42,640
City of Riverside $169,740
City of San Jacinto $41,471
City of Temecula $140,357
Project 1 $2,500
Project 2 $15,000
Project 3 $15,000
Project 4 $20,000
Project 5 $72,857
Project 6 $15,000
City of Wildomar $39,814
County of Riverside $161,402
Project 1 $136,402
Project 2 $25,000
Eastern Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Western Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Riverside County Superintendent of Schools $35,000
Morongo Band of Mission Indians $35,000
Exhibit A
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EXHIBIT `B"
SCOPE OF WORK
SCOPE OF WORK:
Scope of Work
The TVE' STEM and Youth Enrichment Program request is to cover the cost of learning devices
(30 Chromebooks/charging cart) for STEM education programs, as well as the cost of the
following City of Temecula Youth programs-Junior Women's STEM, Future Physicians Leaders,
Youth Legal Program, and Youth Entrepreneurs Program.
The Junior Women's STEM program encourages middle school females to pursue careers in the
fields of science, technology, engineering, and mathematics. Future Physicians Leaders caters
to a diverse group - from students to prospective medical student recruiters such as University
of California, Riverside - by providing a program where students will have medical professional
mentors and give their services to the community through physician shadowing rotations.
Similar to Future Physicians Leaders, the Youth Legal Program serves prospective law students
and their endeavors in the law field. Lastly, the City of Temecula supports student
entrepreneurs and their innovative business ideas. By providing opportunities for educational
growth for prospective students, the City of Temecula hopes to inspire students to become
successful entrepreneurs.
Budget
30 Chromebooks and 1 Charging Cart I See attached quote 1 $9031.60
Workshop materials ) Notepads. pens, certificates, easels, name tags. markers.
refreshments, marketing/advertising ¢ $1,968.40
Administrative costs (time, etc.) 14 Interns to assist with program implementation - $101hr x
100 hours for each program = $1000 x 4 1 $4000.00
Total: $15,000.00
Exhibit B
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Timeline
Purchase of Chromebooks and Charging Cart:
-within 60 days of funding
Junior Women's Stem Program: 4 events (w/in 18 months)
-1st event within 90 days of funding
Future Physicians Leaders Program:
-Summer 2016 (Tentative Dates 6/20/16-8/4/16, Tues-Thurs.)
Youth Legal Program:
-Summer 2016 (July/August)
Youth Entrepreneur Program
-Summer 2016 (Tentative Dates 6/21/16-6/30/16, Tues-Thurs.)
Exhibit B
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EXHIBIT "C"
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K-12 schools, colleges and universities,government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional
government to improve the health of our region's environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians,transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Exhibit C
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Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies,businesses, and residents.
Energy/Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
Exhibit C
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EXHIBIT "D"
TEMPLATE INVOICE
Member Agency Invoice#:
Address Date:
City, State, Zip Code
Bill to: Western Riverside Council of*Governments
Attn: Ernie Reyna, Chie Financial Officer
Purpose o Invoice:Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Iff
Contact
Name:
Title:
Phone Number:
Email Address:
Exhibit D
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Elements of Compensation
EXHIBIT "E"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least each quarter, and not more often than each month, the AGENCY shall submit an
invoice for eligible Project costs incurred during the preceding time period. The original
invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
2. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order
to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. All documentation from the AGENCY's contractors should be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and
its attachment.
5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the
invoice.
Exhibit E
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EXHIBIT "E-I"
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the AGENCY'S invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By:
Name
Title
cc:
Exhibit E-1
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BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
GROW TEMECULA VALLEY—AGRITOURISM AND FOODIE MARKETING
CAMPAIGN
THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of
March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a
California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and
AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as
"Parties".
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (`BEYOND").
B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG
has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG
member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to
each member agency are listed in Exhibit "A" attached hereto and incorporated herein by
reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG's Economic
Development and Sustainability Framework Goals; (2) to provide a match for grants and other
funding opportunities consistent with WRCOG's Economic Development and Sustainability
Framework Goals; or (3) to pool resources with other member agencies for larger projects
consistent with WRCOG's Economic Development and Sustainability Framework Goals.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG's Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to
the AGENCY for Grow Temecula Valley — Agritourism and Foodie Marketing Campaign, (the
"Project"). The Work, including a project schedule and a detailed scope of work, is more fully
described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of
Work") and, pursuant to Section 18 below, is subject to modification if requested by the
AGENCY and approved by WRCOG. The Scope of Work shall also include the stated
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purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be
consistent with WRCOG's Economic Development and Sustainability Framework Goals set
forth in Exhibit"C" attached hereto and incorporated herein by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed FIFTEEN THOUSAND DOLLARS
($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described
in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding
Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge
and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the
maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if
the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I,
WRCOG is neither obligated nor required to distribute those remaining unused funds to the
AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total
Project Cost") may include the following items, among others, provided that such items are
included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant
costs associated with direct Project coordination and support such as staff time (including
interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project
materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the
Project meets at least one goal contained in WRCOG's Economic Development and
Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total
Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of
incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the
AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project
costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project
costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment
addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices
or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost
categories for which Program Funds are being used (e.g., labor, material, overhead, consultant,
etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three
(3) years and shall be made available for review by WRCOG. The AGENCY shall submit
invoices not more often than monthly and not less often than quarterly. AGENCY may use the
template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by
reference.
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b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs
for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that
WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an
invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and
payment for that disputed amount will be withheld, without interest, pending resolution of the
dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY
may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's
Administration & Finance Committee, provided the AGENCY submits its request for appeal to
WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer
process. The WRCOG Administration & Finance Committee shall provide its recommendation
in writing to the full WRCOG Executive Committee, which shall then decide whether the
disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of
submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by
reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total
Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall
reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification
by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible
Project costs shall be at the sole discretion of WRCOG.
6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion,
be augmented with additional Program Funds by a written amendment to this Agreement
approved by WRCOG's Executive Director. In no case shall the amount of Program Funds
allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for
the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for
any Project already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a
grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify
WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the
following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for
the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to
Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the
Alternative Project.]
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9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13.
All applicable indemnification provisions of this Agreement shall remain in effect following the
termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY
shall submit a final progress report (to be provided under separate cover) to WRCOG, providing
the following information: description of Project outcomes, lessons learned, deliverables,
summary of financials, and any other information as requested by WRCOG.
10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee,
shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG
for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director
of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to
WRCOG. The AGENCY's representative shall have the authority to act on behalf of the
AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project
under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG's representative and any other agencies which may have jurisdiction over or an interest
in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project
for which Program Funds have been provided. In the event that WRCOG terminates this
Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an
amount equal to the aggregate total of all unpaid invoices which have been received from the
AGENCY regarding the Project at the time of the notice of termination; provided, however, that
WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to
conducting a review of the invoices and requesting additional information. Upon such
termination, the AGENCY shall, within 180 days, complete any portion or segment of work for
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the Project for which Program Funds have been provided. This Agreement shall terminate upon
receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of
the segment or portion of Project work for which Program Funds have been provided.
c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this
Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
SeMc., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et SeMc.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project. The AGENCY, however, must submit to
WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests
for such reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands,
costs or liability arising from or connected with all activities governed by this Agreement
including all design and construction activities, due to negligent acts, errors or omissions or
willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY
for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in
defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of WRCOG.
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the AGENCY or any
other person or entity under this Agreement shall not be construed to operate as a waiver of any
rights WRCOG may hold under this Agreement or of any cause of action arising out of this
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Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with
applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of
this Agreement or supervision of any services provided to complete the Project.
17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG's Representative, provided that such approval shall be in the sole discretion of
WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under
this Agreement are limited to those described herein. WRCOG has no obligation with respect to
the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
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21. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respect to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least three (3) years following termination of this Agreement, and they shall
have access to such information during the three-year period for the purposes of examination or
audit.
22. Equal Opportunity Employ The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
24. Attorneys' Fees. If either party commences an action against the other party arising out
of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venture with the AGENCY for such purpose.
28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules
and regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA")
and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the
necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in
completion of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
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If to AGENCY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Tom Garcia, Director of Public Works/City Engineer
Telephone: (951) 694-6444
Facsimile: (951) 694-6475
tom.garcia@cityoftemecula.org
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration, Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of the
Parties and the interpretation of the Parties' understanding concerning the Agreement.
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers' compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
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35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Michael S. Naggar
Executive Director Mayor
Attest:
By: Date:
Randi Johl, City Clerk
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Peter M. Thorson
General Counsel City Attorney
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EXHIBIT "A"
MEMBER AGENCY FUNDING ALLOCATION
Round I
Member Agency Total Funds
City of Banning $39,300
City of Calimesa $36,177
City of Canyon Lake $36,537
City of Corona $147,600
City of Eastvale $83,549
City of Hemet $86,597
City of Jurupa Valley $88,942
Project 1 $20,000
Project 2 $20,000
Project 3 $28,942
Project 4 $20,000
City of Lake Elsinore $83,238
City of Menifee $87,039
City of Moreno Valley $153,294
City of Murrieta $140,126
City of Norco $38,650
City of Perris $85,280
Project 1 $42,640
Project 2 $42,640
City of Riverside $169,740
City of San Jacinto $41,471
City of Temecula $140,357
Project 1 $2,500
Project 2 $15,000
Project 3 $15,000
Project 4 $20,000
Project 5 $72,857
Project 6 $15,000
City of Wildomar $39,814
County of Riverside $161,402
Project 1 $136,402
Project 2 $25,000
Eastern Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Western Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Riverside County Superintendent of Schools $35,000
Morongo Band of Mission Indians $35,000
Exhibit A
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EXHIBIT `B"
SCOPE OF WORK
SCOPE OF WORK:
Scope of Work
There are two major tasks that the Grow Temecula Valley campaign will take on.Grow Temecula Valley
will carry out a marketing campaign that will promote the awareness of farm-to-table, agri-tourism, and
agriculture in our valley. . The City of Temecula will create a logo to brand the effort. We will also be
creating a brochure to promote Grow Temecula Valley awareness. Second, Grow Temecula Valley will
be hosting a Grow Temecula Valley Symposium to bring awareness to our efforts to support the
agriculture community. Our workshop will bring together our local experts to share their stories with
chefs and consumers.
Budget
Create marketing logo/branding: $1,000
Design and printing of brochure: $6,000
Grow Temecula Conference: $4,000
Adminitrative costs: 4 interns to assist with program implementation-$10fhr x 100 hours
_ $1,000x4
$4,000
Grand Total for Grow Temecula Valley : $15,000
Schedule
Item Expected Completion
Marketing Logo June 2016
Marketing Brochure September 2016
Grow Temecula Conference April 2017
Exhibit B
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EXHIBIT "C"
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K-12 schools, colleges and universities,government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional
government to improve the health of our region's environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians,transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Exhibit C
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Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies,businesses, and residents.
Energy/Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
Exhibit C
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EXHIBIT "D"
TEMPLATE INVOICE
Member Agency Invoice#:
Address Date:
City, State, Zip Code
Bill to: Western Riverside Council of*Governments
Attn: Ernie Reyna, Chie Financial Officer
Purpose o Invoice:Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Iff
Contact
Name:
Title:
Phone Number:
Email Address:
Exhibit D
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Elements of Compensation
EXHIBIT "E"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least each quarter, and not more often than each month, the AGENCY shall submit an
invoice for eligible Project costs incurred during the preceding time period. The original
invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
2. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order
to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. All documentation from the AGENCY's contractors should be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and
its attachment.
5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the
invoice.
Exhibit E
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EXHIBIT "E-I"
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the AGENCY'S invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By:
Name
Title
cc:
Exhibit E-1
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BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
SIXTH STREET SIDEWALKS IMPROVEMENTS
THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd
day of March, 2016, by and between the Western Riverside Council of Governments
("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY").
WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and
collectively as "Parties".
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (`BEYOND").
B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG
has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG
member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to
each member agency are listed in Exhibit "A" attached hereto and incorporated herein by
reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG's Economic
Development and Sustainability Framework Goals; (2) to provide a match for grants and other
funding opportunities consistent with WRCOG's Economic Development and Sustainability
Framework Goals; or (3) to pool resources with other member agencies for larger projects
consistent with WRCOG's Economic Development and Sustainability Framework Goals.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG's Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to
the AGENCY for Sixth Street Sidewalk Improvements, (the "Project"). The Work, including a
project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached
hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18
below, is subject to modification if requested by the AGENCY and approved by WRCOG. The
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Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be
used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and
Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein
by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed SEVENTY-TWO THOUSAND
EIGHT HUNDRED FIFTY-SEVEN DOLLARS ($72,857.00), to be used for reimbursing the
AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount").
The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of
the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be
obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit
"A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of
the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to
distribute those remaining unused funds to the AGENCY during the next cycle, unless the
Project is a multi-year effort, approved by WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total
Project Cost") may include the following items, among others, provided that such items are
included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant
costs associated with direct Project coordination and support such as staff time (including
interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project
materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the
Project meets at least one goal contained in WRCOG's Economic Development and
Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total
Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of
incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the
AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project
costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project
costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment
addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices
or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost
categories for which Program Funds are being used (e.g., labor, material, overhead, consultant,
etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three
(3) years and shall be made available for review by WRCOG. The AGENCY shall submit
invoices not more often than monthly and not less often than quarterly. AGENCY may use the
template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by
reference.
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b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs
for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that
WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an
invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and
payment for that disputed amount will be withheld, without interest, pending resolution of the
dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY
may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's
Administration & Finance Committee, provided the AGENCY submits its request for appeal to
WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer
process. The WRCOG Administration & Finance Committee shall provide its recommendation
in writing to the full WRCOG Executive Committee, which shall then decide whether the
disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of
submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by
reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total
Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall
reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification
by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible
Project costs shall be at the sole discretion of WRCOG.
6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion,
be augmented with additional Program Funds by a written amendment to this Agreement
approved by WRCOG's Executive Director. In no case shall the amount of Program Funds
allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for
the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for
any Project already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a
grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify
WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the
following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for
the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to
Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the
Alternative Project.
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9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13.
All applicable indemnification provisions of this Agreement shall remain in effect following the
termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY
shall submit a final progress report (to be provided under separate cover) to WRCOG, providing
the following information: description of Project outcomes, lessons learned, deliverables,
summary of financials, and any other information as requested by WRCOG.
10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee,
shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG
for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director
of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to
WRCOG. The AGENCY's representative shall have the authority to act on behalf of the
AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project
under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG's representative and any other agencies which may have jurisdiction over or an interest
in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project
for which Program Funds have been provided. In the event that WRCOG terminates this
Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an
amount equal to the aggregate total of all unpaid invoices which have been received from the
AGENCY regarding the Project at the time of the notice of termination; provided, however, that
WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to
conducting a review of the invoices and requesting additional information. Upon such
termination, the AGENCY shall, within 180 days, complete any portion or segment of work for
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the Project for which Program Funds have been provided. This Agreement shall terminate upon
receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of
the segment or portion of Project work for which Program Funds have been provided.
c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this
Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
SeMc., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et SeMc.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project. The AGENCY, however, must submit to
WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests
for such reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands,
costs or liability arising from or connected with all activities governed by this Agreement
including all design and construction activities, due to negligent acts, errors or omissions or
willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY
for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in
defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of WRCOG.
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the AGENCY or any
other person or entity under this Agreement shall not be construed to operate as a waiver of any
rights WRCOG may hold under this Agreement or of any cause of action arising out of this
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Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with
applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of
this Agreement or supervision of any services provided to complete the Project.
17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG's Representative, provided that such approval shall be in the sole discretion of
WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under
this Agreement are limited to those described herein. WRCOG has no obligation with respect to
the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
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21. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respect to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least three (3) years following termination of this Agreement, and they shall
have access to such information during the three-year period for the purposes of examination or
audit.
22. Equal Opportunity Employ The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
24. Attorneys' Fees. If either party commences an action against the other party arising out
of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venture with the AGENCY for such purpose.
28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules
and regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA")
and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the
necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in
completion of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
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If to AGENCY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Tom Garcia, Director of Public Works/City Engineer
Telephone: (951) 694-6444
Facsimile: (951) 694-6475
tom.garcia@cityoftemecula.org
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration, Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of the
Parties and the interpretation of the Parties' understanding concerning the Agreement.
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers' compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
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35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Michael S. Naggar
Executive Director Mayor
Attest:
By: Date:
Randi Johl, City Clerk
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Peter M. Thorson
General Counsel City Attorney
Ce
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EXHIBIT "A"
MEMBER AGENCY FUNDING ALLOCATION
Round I
Member Agency Total Funds
City of Banning $39,300
City of Calimesa $36,177
City of Canyon Lake $36,537
City of Corona $147,600
City of Eastvale $83,549
City of Hemet $86,597
City of Jurupa Valley $88,942
Project 1 $20,000
Project 2 $20,000
Project 3 $28,942
Project 4 $20,000
City of Lake Elsinore $83,238
City of Menifee $87,039
City of Moreno Valley $153,294
City of Murrieta $140,126
City of Norco $38,650
City of Perris $85,280
Project 1 $42,640
Project 2 $42,640
City of Riverside $169,740
City of San Jacinto $41,471
City of Temecula $140,357
Project 1 $2,500
Project 2 $15,000
Project 3 $15,000
Project 4 $20,000
Project 5 $72,857
Project 6 $15,000
City of Wildomar $39,814
County of Riverside $161,402
Project 1 $136,402
Project 2 $25,000
Eastern Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Western Municipal Water District $35,000
Project 1 $20,000
Project 2 $15,000
Riverside County Superintendent of Schools $35,000
Morongo Band of Mission Indians $35,000
Exhibit A
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EXHIBIT `B"
SCOPE OF WORK
SCOPE OF WORK:
Scope of Work
The proposed Six Street Sidewalk Improvements project will include design and construction
of sidewalk improvements along Sixth Street, between Mercedes Street and the Mary Phillips
Senior Center driveway entrance, in Old Town Temecula.
Major Tasks Milestones
■Design 3 -6 months
RFP
Design Contract Services
Construction 3 months
Formal Bid
Contract Award
Construction - demolitiontgrading, installation of rolled curb&gutter, sidewalk
improvements, ADA access ramps, improved driveway access, miscellaneous street
improvements and utilities as needed and to adjust to grade
e Project Close-out 2 months
Final Billing
City Council Acceptance
Exhibit B
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Budget
WRCOG BEYOND Framework Fund Program
Sixth Street Sidewalk Improvements
Project Cost EstimateiBudget
Sixth Street: North side between Mercedes Street and
the Mary Phillips Senior Center
Width Length Total Unit Cost Total
Rolled Curb&Gutter
250 250 LF $25 $6.250
Sidewalk(assumed 6'width)
6 220 1.320 SF $10 $13.200
Perimeter Landscaping(4'width)
4 220 880 SF $18 $15,840
Access Ramp(at Mercedes)
1 LS $2,812 $2.812
Driveway(Mary Phillips Senior Center)
1 LS S3,805 53,805
Landscape irrigation
1 LS $3,750 $3,750
Utility!Adjustment to Grade irrigation or landscaping
adjustments 1 LS $5.000 55,000
DemoLtion and grading
1 LS $7,200 $7,200
Miscellaneous Street improvements to accommodate
proposed curb&gutter and sidewalk
1 LS $15,000 $15000
Total $72,857
Timeline
Maj or Tasks Milestones
• Design July 2016-Feb 2017 (3 — 6 mos.)
• RFP
• Design Contract Services
• Construction Feb 2017-April 2017 (3 mos.)
• Formal Bid
• Contract Award
• Construction— demolition/grading, installation of rolled curb & gutter, sidewalk
improvements, ADA access ramps, improved driveway access, miscellaneous
street improvements and utilities as needed and to adjust to grade
• Project Close-out May 2017—June 2017 (2 mos.)
• Final Billing
• City Council Acceptance
Exhibit B
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EXHIBIT "C"
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K-12 schools, colleges and universities,government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional
government to improve the health of our region's environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians,transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Exhibit C
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Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies,businesses, and residents.
Energy/Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
Exhibit C
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EXHIBIT "D"
TEMPLATE INVOICE
Member Agency Invoice#:
Address Date:
City, State, Zip Code
Bill to: Western Riverside Council of*Governments
Attn: Ernie Reyna, Chie Financial Officer
Purpose o Invoice:Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Iff
Contact
Name:
Title:
Phone Number:
Email Address:
Exhibit D
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Elements of Compensation
EXHIBIT "E"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least each quarter, and not more often than each month, the AGENCY shall submit an
invoice for eligible Project costs incurred during the preceding time period. The original
invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
2. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order
to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. All documentation from the AGENCY's contractors should be
accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1".
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and
its attachment.
5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the
invoice.
Exhibit E
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EXHIBIT "E-I"
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the AGENCY'S invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By:
Name
Title
cc:
Exhibit E-1
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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: March 22, 2016
SUBJECT: Approve a Declaration of Covenants, Conditions and Restrictions (Public Street
Dedication)for Public Improvements in Connection with the Interstate 15 / State
Route 79 South Ultimate Interchange Project, PW04-08
PREPARED BY: Amer Attar, Principal Engineer
Avlin R. Odviar, Senior Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS (PUBLIC STREET
DEDICATION) IN CONNECTION WITH THE INTERSTATE 15 /
STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE
PROJECT, PW04-08
BACKGROUND: On September 11, 2013, the City acquired the real property
located at 44987 Old Town Front Street (Assessor's Parcel Nos. 922-210-057, 922-210-058,
and 922-210-059), which is improved with an ARCO Gas Station, in connection with the
Interstate-15/ State Route 79 South Ultimate Interchange project.
The gas station's northerly property line, where it abuts Temecula Parkway west of Old Town
Front Street, is approximately coincident with the back of the existing sidewalk. The proposed
public street improvements, including drainage, public utilities, and appurtenances for Temecula
Parkway, however, require an additional 12 feet of right of way beyond the existing
sidewalk/property line.
The attached Declaration of Covenants, Conditions and Restrictions (Public Street Dedication)
dedicates a portion of APN 922-210-057 for public street, drainage, and public utility purposes,
generally described as the 12-foot wide strip at the northerly property line including corner cut at
the intersection of Temecula Parkway and Old Town Front Street. The public street dedication
area is described on Exhibit "A-1" and depicted on Exhibit "B-1" to the Declaration.
The Declaration establishes covenants running with the land and are binding on all parties that
may have or may acquire right, title or interest in APN 922-210-057. The City would record the
Declaration in the Official Records of the County of Riverside if it is approved by the City
Council.
FISCAL IMPACT: There is no cost associated with the approval of this declaration.
ATTACHMENTS: 1. Resolution
2. Declaration of Covenants, Conditions and Restrictions (Public
Street Dedication)
3. Project Description
4. Project Location
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC
STREET DEDICATION) IN CONNECTION WITH THE
INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE
INTERCHANGE PROJECT, PW04-08
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the
County of Riverside, State of California.
B. The City of Temecula and the California Department of Transportation
(Caltrans) have worked cooperatively on the proposed Interstate 15 / State Route 79
South Ultimate Interchange Project, PW04-08 ("Project"). The Project would modify the
existing interchange to address operational deficiencies and accommodate anticipated
local and regional traffic increases. Improvements include reconfiguration of the
southbound ramps, widening of the northbound ramps, and widening of State Route 79
South.
C. In 2009, Caltrans approved the Project through approval of the Project
Report on October 8, 2009, approval of the Initial Study with Negative Declaration on
June 10, 2009 in accordance with the California Environmental Quality Act, and
approval of the Categorical Exclusion on June 10, 2009 in accordance with the National
Environmental Policy Act. The Project Report, Initial Study with Negative Declaration
and Categorical Exclusion (collectively "Negative Declaration and CE") include the real
property commonly known as 44987 Old Town Front Street, Temecula, and identified as
Riverside County Assessor's Parcel Numbers ("APN") 922-210-057, 922-210-058 and
922-210-059 ("Property"). As part of subsequent, design-level evaluation it was
determined that the Project required the full acquisition of the Property due to impacts
on the highest and best use of which the Property was operating. Further
environmental analysis was completed for the Project in connection with (i) the
Environmental Re-Validation and Addendum to the Negative Declaration and CE dated
January 2011, and (ii) the Environmental Re-Validation and Addendum to the Negative
Declaration and CE dated March 2015 (collectively "Environmental Re-Validations and
Addendums"). These Environmental Re-Validations and Addendums analyzed
modifications to the Project, including routing of utility relocations, acquistion of the
entire Property, and addition of crosswalks and ADA ramps at Bedford Court and
Temecula Parkway. The City acquired the Property pursuant to the Grant Deed
recorded on September 11, 2013 as Document Number 2013-0442977 of Official
Records of the County of Riverside.
1
D. The northerly property line of APN 922-210-057, where it abuts Temecula
Parkway west of Old Town Front Street, is approximately coincident with the back of the
existing sidewalk. The proposed public street improvements, drainage, public utilities,
and appurtenances for Temecula Parkway that will be constructed as part of the Project
require an additional 12 feet of right of way beyond the existing sidewalk/property line.
It is in the public interest and necessity for the City to dedicate an approximate 12-foot
wide portion of APN 922-210-057 located at the northerly property line including corner
cut at the intersection of Temecula Parkway and Old Town Front Street for public street,
drainage and public utility purposes to construct the Project, as planned and designed.
Section 2. Approval of Declaration of Covenants, Conditions and
Restrictions (Public Street Dedication). The City Council of the City of Temecula
hereby approves that certain Declaration of Covenants, Conditions and Restrictions
(Public Street Dedication) ("Declaration"), with such changes as may be deemed
necessary by the City Manager to effectuate the Public Street Dedication as are in
substantial conformance with the form of such Declaration on file in the Office of the
City Clerk. The Mayor is hereby authorized to execute said Declaration on behalf of the
City. A copy of the recorded Declaration shall be placed on file in the Office of the City
Clerk.
Section 3. City Manager's Authority. The City Manager (or his designee), is
hereby authorized, on behalf of the City, to take all actions necessary and convenient to
implement the Public Street Dedication, including executing any other documents
necessary or convenient to implement the Public Street Dedication contemplated by the
Declaration.
Section 4. Environmental Findings. The environmental effects of the Project
were studied as an integral part of the Negative Declaration and CE and Environmental
Re-Validations and Addendums for the Project. The analysis covered the properties
required for the Project as well as the properties surrounding the Project. The analysis
also covered the utility relocations through the Property and addition of crosswalks and
ADA ramps at Bedford Court and Temecula Parkway. The improvements for the
Project in the area comprising the Public Street Dedication were analyzed as an integral
part of the Re-Validations and Addendums. The City Council finds that no further
environmental review is required pursuant to 14 Cal. Admin. Code §§ 15162 and 15163
of the State CEQA Guidelines because none of the conditions stated therein exist. The
construction of the Project within the Public Street Dedication area was included in the
Re-Validations and Addendums for the Project, and the Public Street Dedication does
not result in any changes in the physicial conditions. The dedication of the Public Street
Dedication Area is necessary to construct the Project, as planned and designed. The
City Council determines that pursuant to the provisions of CEQA, and specifically 14
Cal. Admin. §§ 15162 and 15163, neither a subsequent nor a supplemental
Environmental Impact Report or Negative Declaration is required for the Declaration.
Section 5. Certification. The City Clerk shall certify the adoption of this
Resolution.
2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of March, 2016.
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 22nd day of March, 2016, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
3
RECORDING REQUESTED BY:
City of Temecula, a municipal corporation
AND WHEN RECORDED RETURN TO:
City of Temecula
Attention: Office of the City Clerk
41000 Main Street
Temecula, California 92590
[SPACE ABOVE FOR RECORDER'S USE ONLY]
[X] Portion of Assessor's Parcel Numbers 922-210-057
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code
§27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. &Tax. Code § 11922).
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(PUBLIC STREET DEDICATION)
This Declaration of Covenants, Conditions and Restrictions ("Declaration") is made as of
the date set forth below by the City of Temecula, a municipal corporation ("City").
1. Recitals. This Declaration is made with respect to the following facts, each
which are acknowledged as true and correct by the City:
A. The City acquired in fee that certain real property located in the City of
Temecula, County of Riverside, commonly known as 44987 Old Town Front Street, Riverside
County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059 described
more particularly on Exhibit A hereto and depicted on Exhibit B hereto pursuant to the Grant
Deed recorded on September 11, 2013 as Document Number 2013-0442977 of Official Records
of the County of Riverside. Exhibits "A" and "B" are incorporated herein by this reference.
B. The City wishes to dedicate certain portions of Assessor's Parcel Number
922-210-057 ("City Property") described below for public street, drainage, and public utility
purposes and all uses necessary or convenient thereto.
2. The Public Street Dedication Property. The City wishes to dedicate for public
street, drainage, and public utility purposes and all uses necessary or convenient thereto that
certain portion of the City Property described more particularly on Exhibit "A-1" and depicted on
Exhibit "B-1", which are attached hereto and incorporated herein by this reference ("Public
Street Dedication Property").
3. Use Covenant. On behalf of itself, its successors, its assigns, and every
successor-in-interest to the City Property, or any part of the City Property, the City hereby
agrees and covenants that the City Property shall be held, used and conveyed subject to the
following restrictions:
A. The City hereby dedicates for public street, drainage, and public utility
purposes and all uses necessary or convenient thereto the Public Street Dedication Property
described more particularly on Exhibit "A-1" and depicted on Exhibit "B-1", which are attached
hereto and incorporated herein by this reference.
B. The City further declares, covenants and agrees that the Public Street
Dedication Property shall be used solely for public street, drainage and public utility purposes,
and such other uses that are ancillary thereto and are consistent therewith and approved in
writing by the City.
4. Covenants Running with the Land. The covenants that have been established
pursuant to this Declaration shall be deemed to be covenants running with the land and shall be
binding on all parties that may have or may acquire any right, title or interest in the City Property
or any part thereof, and shall be binding on and inure to the benefit of each owner of any portion
of the City Property, or any interest therein, and shall inure to the benefit of and be binding on
each successor-in-interest of the City. This Declaration burdens the City Property.
5. Notices. All notices and demands will be given in writing by certified or
registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices
will be considered given upon the earlier of (a) two business days following deposit in the United
States mail, postage prepaid, certified or registered, return receipt requested, or (b) one
business day following deposit with an overnight carrier service. The Parties will address such
notices as provided below or as may be amended by written notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
6. Miscellaneous.
A. Amendments. This Declaration shall not be amended, canceled, or
otherwise modified in any form without the prior written consent of the Public Works
Director/City Engineer of the City of Temecula.
B. Applicable Law. This Declaration will be construed and interpreted under,
and governed and enforced according to the laws of the State of California.
C. Exhibits. The exhibits attached hereto are incorporated in this Agreement
by reference herein.
-2-
IN WITNESS WHEREFOR, the Declarant has executed this Declaration as of the date
set forth below.
Dated: 12016 By:
Michael S. Naggar, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
By:
Peter M. Thorson, City Attorney
EXHIBIT A
Legal Description of City Property
A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL 89 OF DEED RECORDED SEPTEMBER 29,
1977 AS INSTRUMENT NO. 192314 AND FURTHER SHOWN AS"REMAINDER PARCEL"OF PARCEL MAP 10814
ON FILE IN BOOK 78 PAGE(S) 5 THROUGH 8, INCLUSIVE, OF PARCEL MAPS,ALL OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11;THENCE:ALONG THE EASTERLY LINE OF
SAID LOT 11 NORTH 150 39' 27"WEST, A DISTANCE OF 128.78 FEET TO THE TRUE POINT OF!BEGINNING;
THENCE LEAVING SAID EASTERLY LINE NORTH 590 39' 01" EAST A DISTANCE OF 9.69 FEET TO THE
BEGINNING OFA NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO
WHICH A RADIAL BEARS NORTH 070 42'4 1"EAST, SAID CURVE BEING ALSO THE SOUTHERLY LINE OF THAT
CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS
INSTRUMENT NO. 50649 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA;THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 031154' 49", AN ARC DISTANCE OF 51.64 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 480 19' 13"WEST A NON-TANGENT LINE,A DISTANCE OF
40.01 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF
461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83°21'12"WEST;THENCE SOUTHERLY ALONG SAID
CURE THROUGH A CENTRAL ANGLE OF 180 3609", AN ARC DISTANCE OF 149.68 FEET; THENCE ALONG A
RADIAL LINE OF SAID CURVE SOUTH 780 02' 39"WEST,A DISTANCE OF 78.00 FEET;THENCE SOUTH 82144'
46"WEST,A DISTANCE OF 214.20 FEET;THENCE NORTH 07° 15' 14"WEST,A DISTANCE OF 309.08 FEETTO
A POINT ON THE NORTHERLY LINE OF SAID LOT 11;THENCE ALONG SAID NORTHERLY LINE NORTH 740 20'
39" EAST,A DISTANCE OF 186.11 FEET TO THE NORTHWESTERLY CORNER OF PARCEL'"C'DEEDED TO THE
CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO.50647 OF OFFICIAL RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL "C' AND
PARCEL "A" OF SAID DEED TO THE CITY OF TEMECULA SOUTH 01" 15' 21" EAST, A DISTANCE OF 122.87
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY,HAVING A RADIUS OF 756.40
FEET AND TO WHICH A RADIAL BEARS NORTH 010 15' 21" WEST, SAID POINT BEING ALSO THE
SOUTHWESTERLY CORNER OF SAID PARCEL "A"; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 080 11' 43, AN ARC DISTANCE OF 108.13 FEET TO THE SOUTHEASTERLY CORNER OF
SAID PARCEL "A", SAID POINT BEING ALSO ON SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID
EASTERLY LINE SOUTH 150 39' 27" EAST ON A NON-TANGENT LINE, A DISTANCE OF 6.44 TO THE TRUE
POINT OF BEGINNING,
SAID LEGAL DESCRIPTION IS ALSO SHOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT NO, PA98-0331,
RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 953433 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
APN: 922-210-057-0, 922-210-058-1, 922-210-059-2
EXHIBIT B
Depiction of City Property
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Exhibit "A-1"
Legal Description of Public Street Dedication Property
LEGAL DESCRIPTION
That certain parcel of land, in the City of Temecula, County of Riverside, State of
California, being a portion of Parcel"A"of Lot Line Adjustment No. PA98-0331 recorded
November 14, 2000 as Instrument No. 2000-453434 of Official Records in the Office of
the County Recorder of said Riverside County,described as follows:
BEGINNING at the northwesterly corner of said Parcel"A";
thence along the westerly line of said Parcel"A"South 07°17'50"East 12.00 feet to a
line parallel with and southerly 12.00 feet from the northerly line of said Parcel"A";
thence along said parallel line the following courses: North 8242'10"East 92.26 feet to
the beginning of a tangent curve concave southerly having a radius of 743.94 feet;
thence along said curve easterly 104.18 feet through a central angle of 08°01'26";
thence leaving said parallel line South 35°37'31"East 56.16 feet to the easterly line of
said Parcel"A",said point being on the westerly line Parcel"A"of that certain offer of
dedication recorded June 20, 2001 as Instrument No. 2001-280976 of Official Records
of said County Recorder,said point being on a curve concave easterly having a radius of
538.95 feet,a radial line of said curve to said point bears North 86°01'46"West;
thence along said easterly line the following courses: northerly 24.77 feet along said
curve through a central angle of 02°37'58";
thence non-tangent North 35°04'12"West 40.01 feet to the northerly line of said Parcel
"A"of said Lot Line Adjustment No. PA98-0331,said point being on the southerly line of
Parcel"A"of that certain grant deed recorded February 14, 1997 as Instrument No.
1997-050647 of said Official Records,said point being on a curve concave southerly
having a radius of 755.94 feet,a radial line of said curve to said point bears North
01'37'30"East;
Thence along the northerly line of said Parcel"A"of said Lot Line Adjustment No. PA98-
0331 the following courses:westerly 117.72 feet along said curve through a central
angle of 08°55'20";
Thence tangent to said curve South 82°42'10"West 92.26 feet to the POINT OF
BEGINNING.
CONTAINING: 3,223 square feet, or 0.07 acres, more or less.
1 of 2
H:Wdatal101060511AdminVegals160511g1O17.doc
Exhibit "A-1"
Legal Description of Public Street Dedication Property
The bearings and distances used in the above description are based on the California
Coordinate System of 1983 (2007.00 epoch), Zone VI. Multiply all distances by
1.00008523 to obtain ground level distances.
This description was prepared by me or under my direction.
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Exhibit "13-1"
Plat Map of Public Street Dedication Property
NOTES:
1) ALL DISTANCES SHOWN ARE GRID UNLESS OTHERWISE NOTED. TO OBTAIN
GROUND DISTANCE MULTIPLY THE GRID DISTANCE SHOWN BY 1.00008523
2) THIS MAP IS FOR INFORMATIONAL PURPOSES ONY AND IS SUBORDINATE
IN ALL RESPECTS TO THE ATTACHED DESCRIPTION.
WESTECORBYPASS
II DOR
PCL. "A" GRANT DEED
I RECORDED 2/14/1997
PCL. "B" OFFE I INST. NO. 1997-050647 O.R.
m OF DEDICATION
RECORDED 6/20/2001
0 INST. NO. 2001-280976 O.R. 'G- N01°37'30"E (JR}
N8242'10"E p:-OB 55'211 R=755.94'
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SHEET 1 OF 1 SHEETS
40810 COUNTY CENTER DR., n
SKETCH TO ACCl1PANY AMichael SUITE 200
LEGAL DESCRIPTION FOR Baker TEMECULA,CA 92591
0
CITY OF TEI+ECULA PHONE:(951)676-8042
PUBLIC STREET DEDICATION PROPERTY I N T E R N A T 1 0 N A L MBAKERINTL.COM a
0
SCALE JOB NO. o
JANUARY 19, 2016 I I l
1"=40' 10106051-M17 mE
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Q Capital Improvement Program
np.n.r,rsae c.rwA.e Fiscal Years 2016-20
INTERSTATE-151 STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE
Circulation Project
Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve
access to Interstatel5 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 I Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula
Parkway t 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 2015-16.
Department: Public Works-Account No. 210.165.662 Level:
Project Cost: Prior Years FYE 2015 2015-16
Actual Carryover Adopted 2016-17 2017-18 2018-19 2019-20 Total Project
Expenditures Budget Appropriation Projected Projected Projected Projected Cost
Administration $ 589,258 $ 50,274 $ 216,000 $ 162,000 $ 108,000 $ 1,125,532
Acquisition $13,032,131 $ 187,010 $13,219,141
Construction $ 104,088 $13,759,244 $7,826,825 $3,759,467 $2,506,311 $27,955,935
Construction
Engineering $ 1,750,000 $1,750,000 $ 3,500,000
Design $ 3,837,457 $ 255,058 $ 4,092,515
MSHCP $ 753,000 $ 753,000
Totals $17,562,934 $1,245,342 $15,725,244 $9,738,825 $3,867,467 $2,506,311 $ - $50,646,123
Source of Funds: Prior Years FYE 2015 2015-16
Actual Carryover Adopted 2016-17 2017-18 2018-19 2019-20 Total Project
Expenditures Budget Appropriation Projected Projected Projected Projected Cost
CFD(Crowne Hill) $ 502,211 $ 502,211
Reimbursement/
Other(Morgan Hill) $ 1,190,582 $ 1,190,582
SAFETEA-LU $ 1,600,000 $ 1,600,000
Senate Bill 621 $10,018,141 $1,245,342 $ 2,966,503 $ 162,000 $ 62,837 $14,454,823
STP(RCTC)t') $ 7,158,741 $5,817,359 $12,976,100
TUMF(RCTCICETAP)t2) $ 4,452,000 $ 4,452,000
TUMF(RCTC/Region)(') $ 1,400,000 $ 4,000,000 $ 5,400,000
TUMF{wRCOG}(^) $3,759,466 $3,804,630 $2,506,311 $10,070,407
Total Funding: $17,562,934 $1,245,342 $15,725,244 $9,738,825 $3,867,467 $2,506,311 $50,646,123
Future Operation&
Maintenance Costs: 2015-16 2016-17 2017-18 2018-19 2019-20
$ 6,242L$ 6,367 $ 6,494
(1)Surface Transportation Program(STP)per RCTC call for Projects as approved by the Commission on January 8,2014($12,976,100.)
(2)TUMF{RCTC/Region}-Funding is pursuant to RCTC Agreement No.06-72-506{$4,452,000}
(3)TUMF(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)TUMF wRCOG 2014 Southwest Zone 5-Year Transportation Improvement Program(llP)adopted on January 6,2014($10,157,154).
Fiscal Years 2016-20 Capital Improvement Program
49
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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: March 22, 2016
SUBJECT: Approve the Non-Exclusive Commodity Agreement with JTB Supply Company,
Inc. for Traffic Signal Equipment
PREPARED BY: Jerry Gonzalez, Associate Engineer- Traffic
RECOMMENDATION: That the City Council approve the Non-Exclusive Commodity
Agreement with JTB Supply Company, Inc., in the amount of $60,000, for the purchase of
miscellaneous Traffic Signal Equipment.
BACKGROUND: In 2005, during the conversion of traffic signal indications from
incandescent bulbs to Light Emitting Diode (LED) equipment, the City purchased Dialight LED
traffic signal indications from JTB Supply Company. Because of the reliability, the City uses
Dialight LED equipment on all traffic signal and pedestrian indications.
JTB Supply Company has been providing traffic signal equipment to the City for over fifteen
years. JTB Supply Company is the only authorized distributor in California of the Dialight ITE
Specification LED signal indication equipment. The purpose of this expenditure is to acquire
new LED equipment to replace existing equipment that has exceeded the predetermined
standard life cycle. The proposed equipment purchase maintains the integrity of the existing
equipment used by the City.
FISCAL IMPACT: Adequate funds are available in the Public Works Department,
Capital Improvement Program Account No. 210.165.680.5601.
ATTACHMENT: Non-Exclusive Commodity Agreement
NON-EXCLUSIVE COMMODITY AGREEMENT
BETWEEN CITY OF TEMECULA AND JTB SUPPLY COMPANY, INC.
TRAFFIC SIGNAL EQUIPMENT ENHANCEMENT PROGRAM - CITYWIDE
THIS AGREEMENT is made and effective as of March 22, 2016, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and JTB Supply
Company, Inc., a Corporation (hereinafter referred to as "Vendor"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on March 22, 2016, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2017,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the agreement for one (1) additional (1)
year term. 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 OF GOODS
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Vendor for the non-exclusive procurement of
retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set
forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the
right to purchase similar goods from other consultants.
3. PURCHASE PRICE
The City agrees to pay the Vendor for merchandise ordered and received with a
not-to exceed amount of Sixty Thousand Dollars ($60,000) for the total term of the Agreement.
Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall
be submitted between the first and fifteenth day of each month for merchandise delivered and
accepted. Payment will be made within thirty (30) business days following the receipt of invoice
as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated
expenditure and this Agreement does not guarantee Vendor this amount in purchases.
4. REPRESENTATION AND WARRANTIES OF VENDOR
Vendor makes the following representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal capacity and
authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Vendor's execution, delivery and
performance of this Agreement, except for such as have been obtained on or prior to the date
1
hereof. The execution, delivery and performance of this Agreement by Vendor have been duly
authorized by all necessary action on the part of Vendor and constitute the legal, valid and
binding obligations of Vendor, enforceable against Vendor in accordance with their respective
terms.
b. Title, License and Operating Condition. Vendor has good and marketable
title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or
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 merchandise is in
good condition, free of any defects, and are in conformity with the specifications, descriptions,
representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in
the Agreement Documents that may be attached hereto or incorporated herein.
C. Full Disclosure. None of the representations and warranties made by
Vendor in this Agreement contains or will contain any untrue statements of a material fact, or
omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
5. TIME OF DELIVERY
The date and time of delivery of the merchandise shall be stated at time of order. The
merchandise shall be delivered to the City location as stated on the purchase order or at time of
merchandise order.
6. RISK OF LOSS
Risk of loss, damage and destruction of the merchandise shall remain with the Vendor
until after inspection and acceptance of the merchandise by City.
7. INSPECTION AND ACCEPTANCE
City shall inspect the merchandise at the time and place of delivery. Such inspection
may include reasonable review by City. If in the determination of the City, the merchandise fails
to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor
within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise
shall be deemed accepted by City as of the date of receipt.
8. REJECTION
In the event of such notice of non-conformity by City pursuant to the section entitled
"Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the
Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or
units/portions of the Merchandise and reject the remainder. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in
following such instructions, Vendor shall indemnify City in full for such expenses.
2
9. NO REPLACEMENTS OF CURE
This Agreement calls for strict compliance. Vendor expressly agrees that both the
Merchandise 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
Merchandise or any part thereof pursuant to the section entitled "Rejection" above, 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 Vendor.
10. NON-ASSIGNABILITY
The Vendor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
11. INDEPENDENT CONTRACTOR
The Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the Work under this Agreement on behalf of the Vendor
shall at all times be under Vendor's exclusive direction and control.
12. LEGAL RESPONSIBILITIES
The Vendor shall keep itself informed of State and Federal 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 Vendor shall at all times observe and comply with all such
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Vendor to comply with this section.
13. INDEMNIFICATION
Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and
against any and all claims, demands, losses, defense costs or expenses, actions, liability or
damages of any kind and nature which the City of Temecula, Temecula Community Services
District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers,
agents, employees, and volunteers may sustain or incur or which may be imposed upon them
for injury to or death of persons, or damage to property arising out of Vendor's negligent or
wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's
performance or non-performance of this Agreement, excepting only liability out of the sole
negligence of the City of Temecula, Temecula Community Services District, and/or the
Successor Agency to the Temecula Redevelopment Agency.
14. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended at any time, for any reason, with or
without cause at the sole and exclusive discretion of the City Manager, without default or breach
of this Agreement by the City.
3
15. SURVIVAL OF RERESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the parties contained in
this Agreement shall survive the execution, delivery and performance of this Agreement.
16. REMEDIES
The remedies and rights conferred on the City by this Agreement are in addition to and
cumulative with all other remedies and rights accorded the City under law or equity.
17. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of final
jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed
to remain fully valid, enforceable, and binding on the parties.
18. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the
State of California as applied to contracts that are executed and performed entirely in California.
The City and Vendor understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the
municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
19. ENTIRE AGREEMENT
This is the entire agreement between the parties regarding the commodities purchased
by this Agreement. Any modification or amendment of this Agreement shall not be effective
unless in writing and assigned by the parties to this Agreement.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Vendor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Vendor
and has the authority to bind the Vendor to the performance of its obligation hereunder. The
City Manager is authorized to enter into an amendment on behalf of the City to make the
following non-substantive modifications to the agreement: (a) name changes; (b) extension of
time; (c) non-monetary changes in scope of work; (d) agreement termination.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA JTB SUPPLY COMPANY, INC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Michael S. Naggar, Mayor Jeff York, President
ATTEST:
By: By:
Randi Johl, City Clerk Teri York, Vice President
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney VENDOR
JTB Supply Company, Inc.
Attn: Mindy Myers, Sales Administrator
1030 N. Batavia, Suite A
Orange, CA 92867
714-639-9498
mindy@jtbsupplyco.com
PM Initials:L
Date:
5
EXHIBIT A
DESCRIPTION AND PRICE LIST OF MERCHANDISE
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Vendor, for the future purchase of Dialight,
Institute of Transportation Engineers (ITE) Specification, Light Emitting Diode (LED) traffic and
pedestrian signal indication equipment for use in the City.
The procedure for ordering Equipment is set forth as follows:
1. The director of Public Works/City Engineer or his designee shall submit to Vendor a
written "Request for Equipment". The Request for Equipment shall include a description of the
Equipment needed, the time for delivery of the Equipment, and the plans and specifications for
the Equipment, if any, as necessary.
2. Within five (5) business days of the date of the Request for Equipment, Vendor shall
respond in writing to the City's request and advise the City of availability of Equipment and the
amount of time necessary to deliver the Equipment to the City.
Upon acceptance of the Vendor's response by the Director of Public Works/City Engineer or his
designee, the Vendor shall deliver the Equipment to the City. The price for all Equipment
purchased and delivered to the City shall be consistent with the attached Price List and the
terms of this Agreement.
6
L7
SUPPLY COMPANY
Quotation
To: Judy McNadd March 8, 2016
Price List 2015-2016
From: Mindy Myers
Project: Traffic Ports RFQ
JTB Supply is pleased to quote on the following equipment:
433-1270-003XL15 12"Red Ball LED ITE 15 year,Clear $49/each
433-2270-001XL15 12"Green Ball LED ITE 15 year,Clear $50/each
433-3270-901XL15 12"Yellow Ball LED ITE 15 year,Clear $50/each
432-1374-001XOD15 12"Red Arrow LED ITE 15 year,Clear $54/each
432-2374-001XOD15 12"Green Arrow LED ITE 15 year,Clear $56/each
431-3374-901XOD15 12"Yellow Arrow LED ITE 15 year,Clear $58/each
430-6479-001X Countdown LED ITE $138/each
433-3230-905XL 12V Yellow LED $88/each
Quote valid unci I end of June,30,2107
Freight is not included
Sales tax is not included.
Sincerely,
1030 N. Batavia, Suite A e Orange, CA. 92867 714-639-9498@714-639-9488 fax
7
TEMECULA COMMUNITY
SERVICES DISTRICT
CONSENT CALENDAR
Item No . 11
ACTION MINUTES
March 8, 2016
City Council Chambers, 41000 Main Street, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District meeting convened at 7:37 PM
CALL TO ORDER: Vice President Michael McCracken
ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero
(absent)
CSD PUBLIC COMMENTS (None)
CSD CONSENT CALENDAR
12 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation
(4-0, Director Comerchero absent) Director Edwards made the motion; it was
seconded by Director Naggar; and electronic vote reflected approval by Directors
Edwards, McCracken, Naggar and Rahn with Council Member Comerchero
absent.
RECOMMENDATION:
12.1 That the Board of Directors approve the action minutes of February 23, 2016.
CSD BUSINESS
13 Receive and File Human Services Update (At the Request of Director Naggar) —
Receive and file.
RECOMMENDATION:
13.1 That the City Council receive and file this Human Services Update (At the
Request of Director Naggar).
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD Action Minutes 030816 1
CSD ADJOURNMENT
At 7:54 PM, the Community Services District meeting was formally adjourned to Tuesday, March
22, 2016, 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, TCSD President
ATTEST:
Randi Johl, Secretary
[SEAL]
CSD Action Minutes 030816 2
Item No . 12
Approvals
City Attorney
Finance Director
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Kevin L. Hawkins, Director of Community Services
DATE: March 22, 2016
SUBJECT: Approve the First Amendment to the Agreement with San Dieguito Printers for
Printing Services
PREPARED BY: Tracy Masters, Recreation Supervisor
RECOMMENDATION: That the Board of Directors approve the First Amendment to
extend the current Agreement with San Dieguito Printers for one (1) additional year ending on
December 31, 2016, for printing services of two (2) issues of the Guide to Leisure Activities
brochure. The cost of printing the brochure is as follows:
• Fiscal Year 2015-16 $19,549.80, plus a 10% contingency of $1,954.98
• Fiscal Year 2016-17 $19.549.80, plus a 10% contingency of $1,954.98
BACKGROUND: The Community Services Department provides the residents of
Temecula a printed activity guide that offers information and opportunities for leisure, cultural
and educational activities offered by the Community Services Department. This brochure
serves as the Department's primary marketing tool.
Based upon the vendor's successful performance during the three (3) year agreement period
staff is recommending the extension as allowed in the current agreement.
FISCAL IMPACT: The $21,504.78 needed for the remainder of Fiscal Year 2015-16
is available in the Community Services Department expenditure budget. The future year
funding will be requested through the annual budget process.
ATTACHMENTS: Amendment
FIRST AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND SAN DIEGUITO PRINTERS
PRINTING SERVICES
THIS FIRST AMENDMENT is made and entered into as of March 22, 2016 by and
between the Temecula Community Services District, a community services district (hereinafter
referred to as "City"), and San Dieguito Printers, a Corporation (hereinafter referred to as
"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On March 26, 2013 the City and Consultant entered into that certain
Agreement entitled "Agreement for Printing Services," in the amount of One Hundred Sixty
Thousand Five Hundred Thirty Seven Thousand Dollars and No Cents ($160,537.00), plus
contingency in the amount of $16,053.70 for a total Agreement amount of One Hundred
Seventy Six Thousand Five Hundred Ninety Dollars and Seventy Cents ($176,590.70).
b. The parties now desire to add scope of work, extend the term of the
agreement to December 31, 2016, increase the payment in the amount of Thirty Nine
Thousand Ninety Nine Dollars and Sixty Cents ($39,099.60), increase the contingency in the
amount of Three Thousand Nine Hundred Nine Dollars and Ninety Six Cents ($3,909.96)
and to amend the Agreement as set forth in this Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
"This Agreement shall remain and continue in effect until tasks herein
are completed, but in no event later than December 31, 2016, unless
sooner terminated pursuant to the provisions of this Agreement.
3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The FIRST Amendment amount
shall not exceed Thirty Nine Thousand Ninety Nine Dollars and Sixty
Cents ($39,099.60), plus 10% Contingency of Three Thousand Nine
Hundred and Nine Dollars and Ninety Six Cents ($3,909.96) for
additional Printing Services for a total Agreement amount of Two
Hundred Nineteen Thousand Six Hundred Dollars and Twenty Six
Cents ($219,600.26).
1
4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as
follows:
"Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i)
personal service, (ii) delivery by a reputable document delivery service,
such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed
to the address of the party as set forth below or at any other address as
that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day
following deposit with the document delivery service or United States
Mail as provided above.
Mailing Address: City of Temecula
Attn: Executive Director
41000 Main Street
Temecula, CA 92590
5. Exhibit "A" and "B" to the Agreement are hereby amended by adding thereto
the items set forth on Attachment "A" to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
6. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES SAN DIEGUITO PRINTERS
DISTRICT (Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Jeff Comerchero, TCSD President Richard Lapham, President
ATTEST:
By: By:
Randi Johl, Secretary Chris Lapham, Vice President
APPROVED AS TO FORM:
By:
Peter M. Thorson, General CONSULTANT
Counsel
San Dieguito Printers
1880 Diamond Street
San Marcos, CA 92078
(760) 593-5139
chrisb(&-sd-print.com
PM Initials:`
Date:
3
ATTACHMENT A
EXHIBIT A
The City of Temecula provides the public with a professional guide to City leisure activities. The
Guide is used to inform the public of all leisure, sports, special events, social and cultural
activities and services available as provided by the Community Services Department.
SPECIFICATIONS:
• Vendor will be responsible for the printing, binding and delivery of the City of Temecula's
Guide to Leisure Activities twice annually.
• Produce two (2) issues of the City of Temecula's Guide to Leisure Activities. Guide must
be printed and distributed:
5 May 2016
§ October 2016
• Vendor will supply City staff with the production schedule. Vendor will guarantee that
the Guide will be prepared on time for distribution by direct mail.
• The Guide will be either a forty-eight, fifty-two or fifty-six page 8 %2" x 11" full color (4/4)
on 70 Ib. coated book paper using high quality ink and prints.
• The Community Services Department will work with Vendor, in advance, to determine
the final number of pages per Guide. The final cost will be reflected as stated in Exhibit
B.
• A minimum of 38,000 printed and bound copies of each issue will be required for
distribution.
• Vendor will submit a high-resolution proof for approval as needed to Community
Services Department staff. Any final printing of the Guide without final authorization by
the City will result in non-payment.
• The City recognizes its role in certifying the accuracy of the approved final proof prior to
printing.
• Vendor will divide Guide by postal route, label, route, and deliver all copies to the U.S.
Post Office for bulk direct mail delivery.
4
EXHIBIT B
Payment Rates and Schedule
38,000 Copies 39,000 Copies 40,000 Copies
48 Page Guide $15,636.15 $15,985.23 $16,334.87
52 Page Guide $17,629.52 $18,008.98 $18.390.23
56 Page Guide $18,713.49 $19,132.59 $19,549.80
5
TEMECULA PUBLIC
FINANCING AUTHORITY
BUSINESS
Item No . 13
Approvals
City Attorney
Finance Director
City Manager
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Board of Directors
FROM: Aaron Adams, Executive Director
DATE: March 22, 2016
SUBJECT: Approve the Interpretation of the Prepayment Provisions of the Rate and
Method of Apportionment for Community Facilities District No. 03-02 —
Roripaugh Ranch
PREPARED BY: Jennifer Hennessy, Finance Director
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY INTERPRETING
THE PREPAYMENT OF SPECIAL TAX PROVISIONS OF THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR THE TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH
RANCH)
BACKGROUND: The Temecula Public Financing Authority Community Facilities
District No. 03-02 (Roripaugh Ranch) ("CFD No. 03-02") was formed by the Board of Directors
of the Temecula Public Financing Authority ("Authority") on January 11, 2005 pursuant to the
Mello-Ross Community Facilities Act of 1982, following a public hearing and an election at
which the then qualified electors of CFD No. 03-02 voted in favor of the formation of CFD No.
03-02. At the time it was formed, CFD No. 03-02 contained approximately 800 undeveloped
acres in the pan-handle portion (Phase 1) and the pan portion (Phase 2) of the Roripaugh
Ranch development.
On April 27, 2006 the Authority issued special tax bonds for CFD No. 03-02 Bonds in the
amount of $51,250,000 to finance infrastructure improvements required to develop the property.
Due to the financial difficulties encountered by the then owner of the property in CFD No. 03-02
soon after the CFD No. 03-02 Bonds were issued in 2006, the City took over the construction of
the required infrastructure improvements.
The pan-handle portion of the property in CFD No. 03-02 was subsequently sold to merchant
builders and single family homes were constructed in that area. To date, 370 homes have been
constructed and are owner occupied and 140 homes remain to be constructed. The pan portion
(Phase 2) of the property in CFD No. 03-02 was subsequently sold in part to Roripaugh Valley
Restoration, LLC, and in part to Wingsweep Corporation (collectively referred to below as the
"Property Owners").
The Property Owners have requested that the Authority form a new community facilities district
("CFD No. 16-01") to (i) provide funds to prepay special taxes levied on the pan portion of CFD
No. 03-02 and thereby redeem existing CFD No. 03-02 Bonds allocable to the pan area, and (ii)
assist in the funding of various public improvements necessitated by development to occur in
Phase 2 of Roripaugh Ranch and to satisfy public infrastructure obligations arising from such
development.
Staff is recommending the Board of Directors adopt the attached Resolution interpreting the
existing Rate and Method of Apportionment of Special Taxes ("RMA") for CFD No. 03-02 to
allow the owners of the undeveloped pan portion (Phase 2) of CFD No. 03-02 to prepay their
CFD No. 03-02 special taxes and thereby such area's allocable share of the outstanding CFD
No. 03-02 Bonds. The existing RMA does not prohibit the prepayment of the Special Taxes on
parcels of property in the District classified as Undeveloped Property; however it does not
currently include provisions for the calculation of the prepayment amount for any such
prepayment.
Approval of the attached Resolution will allow Staff and the City's Finance Team to initiate the
required actions to calculate the pay-off amount for the special taxes levied for CFD No. 03-02
on the pan portion (Phase 2) of Roripaugh Ranch. Additionally, it will enable Staff and the City's
Finance Team to take the required actions to issue refunding bonds for the CFD No. 03-02
Bonds not allocable to the pan portion (and so not redeemed with pan area special tax
prepayments), so as to provide residents in the panhandle area with reduced special tax levies
starting in FY 2016/17. The refunding bonds would be payable solely from special taxes levied
on land in the panhandle area of CFD No. 03-02 and collected by the Authority.
FISCAL IMPACT: The Property Owners have agreed to pay all out of pocket
expenses incurred relative to the proposed new CFD financing and the interpretation of the
RMA contemplated by the Resolution. Costs of issuance of the proposed bond issue for the
new CFD No. 16-01 will be paid from the proceeds of the bonds to be issued by the Authority for
CFD No. 16-01. All annual costs of administering the bonds issued will be paid by special taxes
levied on the properties in the new CFD 16-01.
The bonds will not be obligations of the City nor general obligations of the Authority, but will be
limited obligations of the Authority for the new CFD 16-01, payable solely from special taxes
levied on land in the new CFD 16-01.
ATTACHMENTS: Resolution — Interpreting the Prepayment of Special Tax
Provisions of the Rate And Method of Apportionment of
Special Tax for the Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
INTERPRETING THE PREPAYMENT OF SPECIAL TAX
PROVISIONS OF THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX FOR THE TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. This Board of Directors of the Temecula Public Financing Authority
(the "Authority") is the legislative body for the Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") and is
authorized under the proceedings to form the District and the Mello-Roos Community
Facilities Act of 1982, constituting Section 53311 et seq. of the California Government
Code (the "Law") to levy special taxes (the "Special Taxes") on real property within the
District pursuant to a Rate and Method of Apportionment of Special Tax (the "Rate and
Method") approved by this Board of Directors and the qualified electors of the District
under the Law at the time of formation of the District.
Section 2. On April 27, 2006, the Authority issued, for and on behalf of the
District, $51,250,000 principal amount of its Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds
(the "Bonds"), and the debt service on the Bonds is payable from the Special Taxes
levied on real property in the District.
Section 3. Following the issuance of the Bonds, a portion of the property in the
District, commonly referred to as the "Panhandle Area," has undergone substantial
development, while the other portion of the property in the District, commonly referred to
as the "Pan Area," has yet to be developed.
Section 4. The two current owners of the property in the Pan Area have
requested that this Board of Directors undertake proceedings to form a new community
facilities district under the provisions of the Law in order to provide funds that may be
applied to the prepayment of the Special Taxes authorized to be levied for the District
on property in the Pan Area, as well as to raise additional funds to finance public
infrastructure improvements necessary for the development of the property in the Pan
Area.
Section 5. This Board of Directors has been advised that if the property owners
in the Pan Area are permitted to prepay the Special Taxes on the property in the Pan
Area, thereby resulting in the redemption of a portion of the outstanding Bonds with
proceeds of such prepayment, an opportunity will arise to refund the remaining
outstanding principal of the Bonds at lower interest rates, and thereby result in future
lower Special Tax levies on property in the Panhandle Area.
Section 6. The Rate and Method contains provisions that allow for the
prepayment of the Special Taxes on parcels of property in the District classified under
the Rate and Method as Developed Residential Property, Non-Residential Property or
Taxable Property Owner's Association Property. Also, while the Rate and Method does
not prohibit the prepayment of the Special Taxes on parcels of property in the District
classified under the Rate and Method as Undeveloped Property, it does not currently
include provisions for the calculation of the prepayment amount for any such
prepayment.
Section 7. This Board of Directors now desires to interpret the Rate and Method
to include provisions needed to calculate the prepayment amount so that the owners of
Undeveloped Property, including the owners of the property in the Pan Area, may
prepay the Special Taxes in full on parcels of Undeveloped Property, subject to the
conditions in Section 8 below.
Section 8. This Board of Directors, acting as the legislative body of the District,
hereby interprets the Rate and Method to allow for full prepayment of the Maximum
Special Tax on Undeveloped Property; provided, however, that (a) in applying the
requirements of Section H (Prepayment of Special Tax) of the Rate and Method to any
such prepayment of the Maximum Special Tax for a parcel of Undeveloped Property,
the term "Bond Redemption Amount" shall mean the principal amount of the Bonds to
be redeemed equal to the quotient derived by dividing the applicable Acreage Special
Tax for the Parcels (as defined in the Rate and Method) for which the prepayment is to
be made, by the sum of the applicable Acreage Special Tax applied to all Taxable
Property in the District (excluding any Taxable Property for which the Maximum Special
Tax has theretofore been prepaid), multiplied by the principal amount of the outstanding
Bonds, rounded up to the nearest $5,000; and (b) any such prepayment of the
Maximum Special Tax may only occur in connection with a redemption in whole of any
then outstanding Bonds.
Section 9. This Board of Directors hereby finds and determines that the
foregoing interpretation of the prepayment provisions of the Rate and Method is fair and
reasonable with respect to all of the owners of the Taxable Property in the District and, if
fully utilized by the owners of the property in the Pan Area of the District, will result in
lower future Special Tax levies on Taxable Property in the Panhandle Area of the
District than if such prepayment does not occur.
Section 10. This Board of Directors hereby authorizes and directs the Executive
Director and other appropriate officers of the Authority (a) to prepare and record in the
Office of the County Recorder of the County of Riverside an appropriate supplement to
the Notice of Special Tax Lien heretofore so recorded for the District, in a form to be
prepared by Bond Counsel, to memorialize this Board of Directors' interpretation of the
Rate and Method in Section 8 above and (b) to, from and after the date of adoption of
this Resolution, administer the Special Tax under the Rate and Method in accordance
with the Rate and Method as interpreted by this Board of Directors in Section 8 above.
Section 11. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 22nd day of March, 2016.
Michael S. Naggar, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby
certify that the foregoing Resolution No. TPFA 16- was duly and regularly adopted by
the Board of Directors of the Temecula Public Financing Authority at a meeting thereof
held on the 22nd day of March, 2016, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
Item No . 14
Approvals
City Attorney
Finance Director
City Manager (Sr
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Board of Directors
FROM: Aaron Adams, Executive Director
DATE: March 22, 2016
SUBJECT: Establish New Community Facilities District No. 16-01 — Roripaugh Ranch
Phase 2, Authorize the Levy of Special Taxes and Declare Intention to Incur
Bonded Indebtedness
PREPARED BY: Jennifer Hennessy, Finance Director
RECOMMENDATION: That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL
TAXES THEREIN —RORIPAUGH RANCH PHASE 2
2. Adopt a resolution entitled:
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE
PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH
RANCH PHASE 2)
BACKGROUND: The two current owners of the property in Phase 2 of the
Roripaugh Ranch development, consisting of Roripaugh Valley Restoration, LLC and
Wingsweep Corporation (collectively referred to below as the "Property Owners"), have
requested that the Authority form a new community facilities district (the "CFD") and issue
special tax bonds of the Authority for the new CFD to provide funds to (i) prepay in full special
taxes levied for the Temecula Public Finance Authority Community Facilities District No. 03-02
(Roripaugh Ranch) ("CFD No. 03-02") on the property to be included in the new CFD and
thereby prepay the portion of the outstanding special tax bonds issued by the Authority for CFD
No. 03-02 in April of 2006 payable from such special taxes, (ii) assist in paying the costs of
various public improvements necessitated by development to occur in Phase 2 of Roripaugh
Ranch, and (iii) finance costs of issuing the special tax bonds and of providing a reserve fund for
the bonds. The City and the former Redevelopment Agency of the City of Temecula created the
Authority in 2001 to provide an independent governmental entity that could consider the
formation of community facilities districts for property in the City and act as the issuer of any
related community facilities district bonds.
The Authority will consider the adoption of two resolutions related to the formation of the new
CFD. The CFD will only include land owned by the Property Owners that will submit petitions
requesting formation of the CFD. In their petitions, the Property Owners will request that the
CFD issue bonds to provide funds to prepay in full special taxes levied on their property for CFD
No. 03-02, as well as to fund various public improvements described in the petitions and to
finance other costs of issuing the special tax bonds and of providing a reserve fund for the
bonds.
Additionally, the Property Owners have agreed to include the traffic signal at La Serena and
Butterfield Stage Road as an eligible facility to be funded from the CFD and to fund municipal
services described in Exhibit A of the petitions.
The Property Owners have agreed to pay all City and Authority costs related to the proposed
CFD formation and bond issue, subject to reimbursement from bond proceeds when and if
bonds are issued for the new CFD, and have previously entered into a deposit/reimbursement
agreement with the City and the Authority with respect thereto. The bonds, if issued by the
Authority for the new CFD, would be payable solely from special taxes levied on land in the new
CFD and collected by the Authority.
It is expected that the principal amount of the bonds will be approximately $60,000,000 and that
the bonds will be sold in June of 2016 with a closing in July of 2016.
SPECIFIC ACTIONS: In order to be in a position to consider actions needed to complete
the formation of the new CFD in late April of this year, the Authority will consider adoption of two
resolutions of intention relative to the proposed CFD. These resolutions call for public hearings
on April 26, 2016 on the formation of the CFD and the issuance of bonds for the CFD, and
otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk,
as Secretary of the Authority), the rate and method of apportionment of special taxes to be
levied solely on land in the CFD to repay the bonds, and describe the improvements to be
financed and the services to be provided by the new CFD.
FISCAL IMPACT: The Property Owners have agreed to pay all out of pocket
expenses incurred relative to the proposed formation of the new CFD and the issuance of bonds
for the CFD. Costs of issuance of the proposed bond issue will be paid from the proceeds of
the bonds to be issued by the Authority for the CFD. All annual costs of administering the new
CFD and the bonds issued for the CFD will be paid from special taxes levied on the properties
in the CFD.
The bonds will not be obligations of the City, or general obligations of the Authority, but will be
limited obligations of the Authority for the new CFD, payable solely from special taxes levied on
land in the new CFD.
ATTACHMENTS: 1. Resolution — Intent to Establish a Community Facilities District
and to Authorize the Levy of Special Taxes Therein —
Roripaugh Ranch Phase 2
2. Resolution — Intent to Incur Bonded Indebtedness of the
Proposed Temecula Public Financing Authority Community
Facilities District No. 16-01 (Roripaugh Ranch Phase 2)
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA PUBLIC FINANCING AUTHORITY
DECLARING ITS INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE
THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH
RANCH PHASE 2
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Under the Mello-Roos Community Facilities Act of 1982, constituting
Section 53311 et seq. of the California Government Code (the "Law"), this Board of
Directors may commence proceedings for the establishment of a community facilities
district.
Section 2. There have been submitted to this Board of Directors a Petition
(Including Waivers) of Roripaugh Valley Restoration, LLC and a Petition (Including
Waivers) of Wingsweep Corporation (collectively, the "Petitions"), requesting the
formation by this Board of Directors of a community facilities district under the Law to be
known as the Temecula Public Financing Authority Community Facilities District No. 16-
01 (Roripaugh Ranch Phase 2) (the "District").
Section 3. Under the Law, this Board of Directors is the legislative body for the
proposed District and is empowered with the authority to establish the District and levy
special taxes within the District.
Section 4. This Board of Directors proposes to begin the proceedings necessary
to establish the District pursuant to the Law. Receipt of the Petitions to form the District
is hereby acknowledged.
Section 5. The name proposed for the District is Temecula Public Financing
Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2).
Section 6. The proposed boundaries of the District are as shown on the map of
the District on file with the Secretary, which boundaries are hereby preliminarily
approved. The Secretary is hereby directed to record, or cause to be recorded, the map
of the boundaries of the District in the office of the County Recorder as soon as
practicable after the adoption of this Resolution.
Section 7. The special taxes proposed to be prepaid by the District (the "CFD
03-02 Special Tax Prepayment"), and the types of public facilities (the "Facilities") and
of municipal services (the "Services") proposed to be eligible for funding by the District,
in each case pursuant to the Law, shall consist of those items listed on Exhibit A hereto
under the headings "CFD 03-02 Special Tax Prepayment," "Facilities" and "Services,"
respectively, which Exhibit is by this reference incorporated herein.
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This Board of Directors hereby determines that the Facilities and the Services to
be financed by the District are necessary to meet increased demands placed upon local
agencies as a result of development occurring and expected to occur in the territory
included in the District.
This Board of Directors hereby expresses its opinion that the public interest will
not be served by allowing property owners to enter into contracts as contemplated by
Section 53329.5(a) of the Law, and does not intend to let property owners avail
themselves of the actions otherwise permitted by said Section 53329.5(a).
The Executive Director is hereby authorized and directed to enter into a joint
community facilities agreement with the City of Temecula, the Temecula Community
Services District, the County of Riverside and any other public entity that will own and/or
operate any of the Facilities, or that will provide any of the Services, with any such
agreements to be in a form provided by Bond Counsel.
Section 8. Except to the extent that funds are otherwise available to the District
to pay for the Facilities and the Services, to make the CFD 03-02 Special Tax
Prepayment and/or pay the principal and interest as it becomes due on bonds of the
District issued to provide for the CFD 03-02 Special Tax Prepayment and to finance the
Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a
continuing lien against all non-exempt real property in the District, will be levied within
the District and collected in the same manner as ordinary ad valorem property taxes or
in such other manner as this Board of Directors or its designee shall determine,
including direct billing of the affected property owners. The proposed rate and method
of apportionment of the special tax among the parcels of real property within the District,
in sufficient detail to allow each landowner within the proposed District to estimate the
maximum amount such owner will have to pay, and which specifies the tax year after
which no further special tax will be levied on land used for private residential purposes
and which otherwise complies with applicable provisions of the Act is described in
Exhibit B attached hereto which Exhibit is by this reference incorporated herein.
This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and
53313.9 of the Law (relating to adjustments to ad valorem property taxes and schools
financed by a community facilities district) are inapplicable to the District.
Section 9. It is the intention of this Board of Directors, acting as the legislative
body for the District, to cause bonds of the Authority to be issued for the District
pursuant to the Law to provide for the CFD 03-02 Special Tax Prepayment and to
finance the costs of the Facilities. If so issued, the bonds shall be in the aggregate
principal amount of not to exceed $60,000,000, shall bear interest payable semi-
annually or in such other manner as this Board of Directors shall determine, at a rate
not to exceed the maximum rate of interest as may be authorized by applicable law at
the time of sale of such bonds, and shall mature not to exceed 40 years from the date of
the issuance thereof.
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Section 10. This Board of Directors reserves to itself the right and authority to
allow any interested owner of property in the District, subject to the provisions of Section
53344.1 of the Law and such requirements as it may otherwise impose, and any
applicable prepayment penalties as prescribed in the indenture or fiscal agent
agreement for any bonds of the Authority for the District, to tender to the Treasurer of
the Authority in full payment or part payment of any installment of special taxes or the
interest or penalties thereon which may be due or delinquent, but for which a bill has
been received, any bond or other obligation secured thereby, in the manner described
in Section 53344.1 of the Law.
Section 11. The levy of said proposed special tax shall be subject to the
approval of the qualified electors of the District at a special election. The proposed
voting procedure shall be by mailed or hand-delivered ballot among the landowners in
the proposed District, with each owner having one vote for each acre or portion of an
acre of land such owner owns in the District.
Section 12. Except as may otherwise be provided by the Law or the rate and
method of apportionment of the special tax for the District, all lands owned by any public
entity, including the United States, the State of California and/or the City of Temecula,
or any departments or political subdivisions of any thereof, shall be omitted from the
levy of the special tax to be made to cover the costs and expenses of the Facilities, the
issuance of bonds by the Authority for the District and any expenses of the District.
Section 13. The Director of Public Works of the City of Temecula is hereby
directed to study the CFD 03-02 Special Tax Prepayment, the Facilities and the
Services and to make, or cause to be made, and file with the Secretary a report in
writing, presenting the following:
(18) A brief description of the special taxes to be prepaid and of
the Facilities and the Services.
(b) An estimate of the fair and reasonable cost of providing for the CFD
03-02 Special Tax Prepayment, the Facilities and the Services, including the
incidental expenses in connection therewith, including the costs of the proposed
bond financing, any Authority or City of Temecula administrative costs and all
other related costs.
Said report shall be made a part of the record of the public hearing provided for
below.
Section 14. Tuesday, April 26, 2016, at 7:00 p.m. or as soon thereafter as the
matter may be heard, in the regular meeting place of this Board of Directors, City
Council Chambers, Temecula City Hall, 41000 Main Street, Temecula, California, be,
and the same are hereby appointed and fixed as the time and place when and where
this Board of Directors, as legislative body for the District, will conduct a public hearing
on the establishment of the District and consider and finally determine whether the
public interest, convenience and necessity require the formation of the District and the
levy of said special tax.
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Section 15. The Secretary is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper published in the area of the
District. The publication of said notice shall be completed at least seven days before
the date herein set for said hearing. Said notice shall be substantially in the form of
Exhibit C hereto.
Section 16. The Board of Directors may in the future, by resolution, approve an
agreement pursuant to Section 53314.9 of the Law, to accept an advance or advances
of funds or work-in-kind from one or more landowners in the District or related entities,
which advances may be repaid and work-in-kind may be reimbursed to the person or
entity which advanced the funds or work-in-kind subject to compliance with the
applicable provisions of Section 53314.9 of the Law.
Section 17. The Board of Directors hereby determines that the contemplated
formation of a community facilities district and issuance of community facilities district
special tax bonds involving the Authority and the District, in accordance with Section
15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a
"Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt
from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and
15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared,
executed and filed in regard to the foregoing determination.
Section 18. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 22nd day of March, 2016.
Michael S. Naggar, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby
certify that the foregoing Resolution No. TPFA 16- was duly and regularly adopted by
the Board of Directors of the Temecula Public Financing Authority at a meeting thereof
held on the 22nd day of March, 2016, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
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EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
DESCRIPTION OF CFD 03-02 SPECIAL TAXES TO BE PREPAID, AND
FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT
CFD 03-02 SPECIAL TAX PREPAYMENT
The special taxes to be prepaid are those being levied for the Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch) on property to be included in
the District, with the prepayment to be in an amount as necessary to repay the portion of the
indebtedness of such community facilities district secured by such special taxes.
FACILITIES
It is intended that the District will finance all or a portion of the costs of the following facilities:
Butterfield Stage Road
Butterfield Stage Road (BSR) from La Serena to Rancho California Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter,
median curb, sidewalk, street lights, traffic signals including a new traffic signal at La Serena and
signal modifications at Rancho California Road, signing and striping, landscaping, irrigation, storm
drain, sewer and water pipelines, and other appurtenant improvements necessary to complete
Butterfield Stage Road.
Nicolas Road
Nicolas Road BSR to the Easterly Metropolitan Water District (MWD) RAN:
Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms, curb and
gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping, irrigation, storm drain,
underground sewer and water pipelines, and other appurtenant improvements necessary to
complete Nicolas Road.
Nicolas Road from the Easterly MWD RAN to Liefer Road including construction of Calle
Garisol realignment to Nicolas Road:
Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes, paving,
asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic detour, split
rail fence, street lights, signing and striping, landscaping, irrigation, sewer, storm drain,
bridge over Santa Gertrudis Creek (including channel lining and transition structure to bridge),
access road, exit structure and other appurtenant improvements necessary to complete
Nicolas Road.
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Long Valley Channel
Long Valley Channel from BSR to the Easterly Project Boundary:
Improvements include grading of channel, flow-by detention basin, construction of drop
structures, trapezoidal channel lining, transition structures to Butterfield Stage Road Bridge,
rip-rap, grading and paving of access roads, fencing, and other appurtenant improvements
necessary to complete Long Valley Channel.
Santa Gertrudis Creek
Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD R/W:
Improvements include a flow-by detention basin, headwalls, trapezoidal channel lining and
transition structures; grading, fencing and paving for access roads; desilting and detention
basins, rip-rap protection, rip-rap dissipaters, berms, grading of exit structure and other
appurtenant improvements necessary to complete Santa Gertrudis Creek.
Environmental Mitigation
Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements:
Creation of 8.2 acres of habitat within open space to include grading, access road, electrical
service, irrigation, plant and seed installation and other appurtenant improvements
necessary to complete resource agency conditioned environmental mitigation for the Long
Valley Channel and Santa Gertrudis Creek improvements.
Sports Park
Sports Park at the SE corner of the intersection of Loop Road and BSR:
Construct 19.7-acre Sports Park including grading, parking, building, lighting landscaping,
irrigation, playing fields, basketball courts, children's play area, equipment with a useful life of
five (5) years or more and other appurtenant improvements necessary to complete the
Sports Park.
Loop Road
Loop Road from North BSR intersection to South BSR intersection (public section only):
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter,
median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain,
sewer and water pipelines, and other appurtenant improvements necessary to complete the
public segment of the Loop Road East of BSR.
The Facilities shall include the acquisition of right-of-way, the costs of design, engineering
and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of
any required environmental mitigation and any required noise mitigation measures, landscaping and
irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related
overhead costs, coordination and supervision and any other costs or appurtenances related to any
of the foregoing.
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SERVICES
Is it intended that the District be eligible to fund all or a portion of the costs of the following municipal
services:
• Public safety services, including police and fire protection, provided to the area within
the District.
• Maintenance of landscaping in public areas, public easements and public right of
way in the area of the District, including along or near Butterfield Stage Road,
Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch
Road, Skyview Park, the Sports Park, such maintenance to include but not be limited
to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and
the furnishing of water for irrigation.
• Maintenance of sidewalks in the area of the District, including Butterfield Stage Road,
Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch
Road.
• Maintenance of public signage in the District, including signage along Butterfield
Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and
Fiesta Ranch Road.
• Maintenance of storm drainage systems within the area of the District, including
those along or adjacent to Butterfield Stage Road, Murrieta Hot Springs Road, "Loop"
Road, Roripaugh Valley Road, and Fiesta Ranch Road, and including storm drain
pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets,
cleanout of storm drains and catch basin cleaning and inspection.
• Maintenance of streets and roadways within the area of the District, including
Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley
Road, and Fiesta Ranch Road, and including slurry, overlay, curbs and gutters, curb
ramps, striping and street sweeping.
• Maintenance of street lighting located within the District, including street lights along
Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley
Road, and Fiesta Ranch Road, and including decorative lighting and pull box
assemblies.
• Maintenance of traffic signals within the District, including traffic signals in or near
Butterfield Stage Road, Murrieta Hot Springs Road, and including electrical, LED
replacement, maintenance and replacement.
• Graffiti removal from public improvements within the District.
The District may fund any of the following related to the services described above: the furnishing of
services and materials for the ordinary and usual maintenance, operation and servicing of the
improvements, including repair, removal or replacement of all or part of any of the improvements, the
furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or
irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment,
apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or
fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such
maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the
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services, payment of insurance costs and other related expenses and the provision of reserves for
repairs and replacements and for the future provision of services. It is expected that the services will
be provided by the City of Temecula, either with its own employees or by contract with third parties,
or any combination thereof.
The services to be financed by the District shall be in addition to those provided in the territory of the
District before the date of creation of the District, and will not supplant services already available
within that territory when the District is created.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriters discount, financial advisor fees and
expenses, appraisal and price point study costs, reserve fund, capitalized interest, bond and
disclosure counsel fees and expenses, landowner counsel fees and expenses and all other
incidental expenses.
2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal
agent related to the District and the Bonds.
3. Reimbursement of costs related to the formation of the District advanced by the Authority,
the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as
well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner
in the District or any party related to any of the foregoing, for facilities, fees or other purposes or
costs of the District.
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RATE AND METHOD OF APPORTIONMENT FOR
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
The following sets forth the Rate and Method of Apportionment for the levy and collection of an
Annual Special Tax A and an Annual Special Tax B in the Temecula Public Financing Authority
("PFA") Community Facilities District No. 16-01 ("CFD No. 16-01"). An Annual Special Tax A
and an Annual Special Tax B shall be levied on and collected in CFD No. 16-01 each Fiscal Year,in
an amount determined through the application of the Rate and Method of Apportionment described
below. All of the real property within CFD No. 16-01,unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre"or"Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the
applicable Final Map, or if the land area is not shown on the applicable Final Map,the land area as
calculated by the CFD Administrator or City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses"means the actual or reasonably estimated costs directly related to
the administration of CFD No. 16-01, including but not limited to the following: (i) the
costs of computing Special Tax A and Special Tax B (the "Special Taxes") and of preparing the
annual Special Tax A and Special Tax B collection schedules (whether by the CFD
Administrator or designee thereof, or both); (ii) the costs of collecting the Special Taxes
(whether by the Authority, County, City, or otherwise); (iii) the costs of remitting the Special
Taxes to the fiscal agent or trustee for any Bonds; (iv) the costs of commencing and
pursuing to completion any foreclosure action arising from delinquent Special Tax A; (v) the
costs of the fiscal agent or trustee (including its legal counsel) in the discharge of the duties
required of it under any Indenture; (vi) the costs of the Authority, City, or designee of
complying with arbitrage rebate, mandated reporting and disclosure requirements of applicable
federal and State of California laws, and responding to property owner or Bond owner
inquiries regarding the Special Taxes; (vii) the costs associated with the release of funds from
any escrow account; (viii) the costs of the Authority, City, or designee related to any appeal
of a Special Tax; and (ix) an allocable share of the salaries of the City staff and City
overhead expense directly relating to the foregoing. Administrative Expenses shall also include
amounts advanced by the City or the Authority for any administrative purposes of CFD No.
16-01.
"Annual Special Tax A"means for each Assessor's Parcel, the Special Tax A actually levied in a
given Fiscal Year on any Assessor's Parcel.
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"Annual Special Tax B" means for each Assessor's Parcel, the Special Tax B actually levied in a
given Fiscal Year on any Assessor's Parcel.
"Approved Property" means all Assessor's Parcels of Taxable Property other than Provisional
Exempt Property: (i) that are included in a Final Map that was recorded prior to the January 1st
immediately preceding the Fiscal Year in which the Special Tax A is being levied, and(ii)that have
not been issued a building permit on or before the April 1 st immediately preceding the Fiscal Year in
which the Special Tax A is being levied.
"Assessor" means the County Assessor of the County.
"Assessor's Parcel"means a lot or parcel of land designated on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number within the boundaries of CFD No. 16-01.
"Assessor's Parcel Map"means an official map of the Assessor designating parcels by Assessor's
Parcel Number.
"Assessor's Parcel Number"means that number assigned to a lot or parcel of land by the Assessor
for purposes of identification.
"Assigned Annual Special Tax A" means the Special Tax A as described in Section D below.
"Backup Annual Special Tax A" means the Special Tax A as described in Section E below.
"Board of Directors"means the Board of Directors of the Temecula Public Financing Authority,
acting as the legislative body of CFD No. 16-01, or its designee.
"Bonds"means any bonds or other indebtedness (as defined in the Act), whether in one or
more series, the repayment of which is secured by the levy of Special Tax A on Assessor's
Parcels within CFD No. 16-01.
"Boundary Map" means a recorded map of the CFD No. 16-01 which indicates the boundaries of
CFD No. 16-01.
"Building Permit"means the first legal document issued by the City giving official permission for
new construction. For purposes of this definition, "Building Permit" may or may not include any
subsequent building permits issued or changed after the first issuance, as determined by the CFD
Administrator.
"Building Square Footage"or"BSF"means the square footage of assessable internal living space,
exclusive of garages or other structures not used as living space, as determined by reference to the
building permit application for such Assessor's Parcel and subject to verification by the CFD
Administrator.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
"CFD No. 16-01" or "CFD" means Community Facilities District No. 16-01 (Roripaugh Ranch
Phase 2) established by the Authority under the Act.
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"CFD Administrator" means the Finance Director of the City, or designee thereof,
responsible for, among other things, determining the Special Tax A Requirement for Special Tax A
and the Special Tax B Requirement for Special Tax B and providing for the levy and collection
of said Special Tax A and Special Tax B.
"City" means the City of Temecula, California.
"Consumer Price Index" or "CPI" means, for each Fiscal Year, the Consumer Price Index
published by the U.S. Bureau of Labor Statistics for"All Urban Consumers: in the Los Angeles—
Anaheim—Riverside Area",measured as of the month of December in the calendar year which ends
in the previous Fiscal Year. In the event this index ceases to be published,the Consumer Price Index
shall be another index as determined by the CFD Administrator that is reasonably comparable to the
Consumer Price Index for the City of Los Angeles.
"County" means the County of Riverside.
"Developed Property"means all Assessor's Parcels of Taxable Property that: (i)are included in a
Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which Special Tax A
and Special Tax B are being levied, and (ii) a building permit was issued on or before April 1st
preceding the Fiscal Year in which either or both of the Special Taxes are being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from the Special
Taxes provided for in Section M.
"Final Map"means a subdivision of property by recordation of a final map,parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act(California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots that do not need, and are not expected,to be further subdivided prior to the issue of a
building permit.
"Fiscal Year"means the period commencing July 1 of any year and ending the following June 30.
"Indenture"means the bond indenture,fiscal agent agreement,trust agreement,resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
"Land Use Type" means Residential Property, Multifamily Residential Property, or Non-
Residential Property.
"Maximum Special Tax A"means for each Assessor's Parcel of Taxable Property,the maximum
Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on
such Assessor's Parcel.
"Maximum Special Tax B"means for each Assessor's Parcel of Taxable Property, the maximum
Special Tax B, determined in accordance with Section I that can be levied in any Fiscal Year on such
Assessor's Parcel.
"Multifamily Residential Property"means all Assessor's Parcels of Developed Property for which
a building permit has been issued for the purpose of constructing a building or buildings comprised
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of attached Units available for rental by the general public, not for sale to an end user, and under
common management, as determined by the CFD Administrator.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit was issued for any type of non-residential use.
"Partial Prepayment Amount"means the amount required to prepay a portion of the Special Tax A
obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full
for an Assessor's Parcel, as described in Section G.
"Proportionately" means for Special Tax A that the ratio of the Annual Special Tax A levy to the
applicable Assigned Annual Special Tax A is equal for all applicable Assessor's Parcels. In the case
of Special Tax B, "Proportionately" means that the ratio of the Annual Special Tax B levy to the
applicable Maximum Special Tax B is equal for all applicable Assessor's Parcels. In the case of
Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of
Section F, "Proportionately"means that the quotient of(a)Annual Special Tax A less the Assigned
Annual Special Tax A divided by (b)the Backup Annual Special Tax A less the Assigned Annual
Special Tax A, is equal for all applicable Assessor's Parcels.
"Provisional Exempt Property" means all Assessor's Parcels of Taxable Property subject to
Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of
Section M,but cannot be classified as Exempt Property because to do so would reduce the Acreage
of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in
Section M.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit has been issued for purposes of constructing one or more residential dwelling units,which are
not Multifamily Residential Property.
"Services" means services authorized to be funded by CFD No. 16-01.
"Special Tax A"means any of the Special Taxes authorized to be levied on Taxable Property within
and by CFD No. 16-01 pursuant to the Act to fund the Special Tax A Requirement.
"Special Tax B"means any of the Special Taxes authorized to be levied on Taxable Property within
and by CFD No. 16-01 pursuant to the Act to fund the Special Tax B Requirement.
"Special Tax A Requirement"means, subj ect to the Maximum Special Tax A,the amount required
in any Fiscal Year to pay: (i)the debt service or the periodic costs on all outstanding Bonds due in
the Calendar Year that commences in such Fiscal Year, (ii)Administrative Expenses (apportioned
between Special Tax A and Special Tax B), (iii) any amount required to establish or replenish any
reserve funds established in association with the Bonds, and (iv)the collection or accumulation of
funds for the acquisition or construction of facilities or payment of fees authorized by CFD No. 16-
01 by the levy on Developed Property of the Assigned Annual Special Tax A provided that the
inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved
Property or Undeveloped Property as set forth in Step Two and Three of Section F., less (v) any
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amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable
fiscal agent agreement, or trust agreement.
"Special Tax B Requirement" means, subject to the Maximum Special Tax B, that amount to be
collected in any Fiscal Year to pay for certain Services as required to meet the needs of CFD No. 16-
01. The costs of Services to be covered shall be the direct costs for (i) Services, and (ii)
Administrative Expenses(apportioned between Special tax A and Special Tax B);less(iii)a credit
for funds available to reduce the Annual Special Tax B levy, if any, as determined by the CFD
Administrator. Under no circumstances shall the Special Tax B Requirement include funds for
Bonds.
"Taxable Property" means all Assessor's Parcels within CFD No. 16-01, which are not Exempt
Property.
"Temecula Public Financing Authority" or"PFA" or"Authority"means the Temecula Public
Financing Authority, or its designee.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property or Provisional Exempt Property.
"Unit" means any residential structure.
"Zone(s)" means Zone 1, Zone 2, Zone 3 or Zone 4 as geographically identified on the Boundary
Map of CFD No. 16-01.
"Zone 1" means the specific area identified on the Boundary Map as Zone 1 of CFD 16-01.
"Zone 2" means the specific area identified on the Boundary Map as Zone 2 of CFD 16-01.
"Zone 3" means the specific area identified on the Boundary Map as Zone 3 of CFD 16-01.
"Zone 4" means the specific area identified on the Boundary Map as Zone 4 of CFD 16-01.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year,beginning with Fiscal Year 2016-17, each Assessor's Parcel within CFD No. 16-
01 shall be classified as Taxable Property or Exempt Property. In addition,each Assessor's Parcel of
Taxable Property shall be further classified as Developed Property,Approved Property,Undeveloped
Property, or Provisional Exempt Property. In addition, each Assessor's Parcel of Developed
Property, Approved Property, Undeveloped Property and Provisional Exempt Property shall be
classified as being within Zone 1, Zone 2, Zone 3 or Zone 4. If an Assessor's Parcel of Developed
Property, Approved Property, Undeveloped Property or Provisional Exempt Property is located
within more than one Zone, it shall be deemed to be entirely within the Zone in which the largest
portion of its Acreage is located. In addition, each Assessor's Parcel of Developed Property shall
further be classified as Residential Property, Multifamily Residential Property or Non-Residential
Property. Assessor's Parcels of Residential Property shall be further categorized based on the
Building Square Footage of each such Assessor's Parcel.
Page 5
SECTION C
MAXIMUM SPECIAL TAX A
1. Developed Property
The Maximum Special Tax A for each Assessor's Parcel of Residential Property,
Multifamily Residential Property or Non-Residential Property in any Fiscal Year shall be the
greater of(i)the Assigned Annual Special Tax A or(ii)the Backup Annual Special Tax A.
2. Approved Property, Undeveloped Property, and Provisional Exempt Property
The Maximum Special Tax A for each Assessor's Parcel classified as Approved Property,
Undeveloped Property, or Provisional Exempt Property in any Fiscal Year shall be the
Assigned Annual Special Tax A.
SECTION D
ASSIGNED ANNUAL SPECIAL TAX A
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Residential Property, Multifamily Residential
Property orNon-Residential Property shall be subject to an Assigned Annual Special Tax A.
The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed
Property shall be determined using the Tables below.
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE I
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $2,110 per Unit
Residential Property 1,900—2,199 $2,320 per Unit
Residential Property 2,200—2,499 $2,670 per Unit
Residential Property 2,500—2,799 $2,860 per Unit
Residential Property 2,800—3,099 $2,975 per Unit
Residential Property 3,100—3,399 $3,115 per Unit
Residential Property Greater than 3,399 $3,235 per Unit
Multifamily Residential Prope N/A $22,941 per Acre
Non-Residential Property N/A $22,941 per Acre
TABLE 2
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 4,000 $4,920 per Unit
Residential Property 4,000—4,299 $5,185 per Unit
Page 6
Residential Property Greater than 4,299 $5,455 per Unit
Multifamily Residential Property N/A $7,783 per Acre
Non-Residential Property N/A $7,783 per Acre
TABLE 3
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 3
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $2,110 per Unit
Residential Property 1,900 - 2,199 $2,335 perUnit
Residential Property Greater than 2,199 $2,665 per Unit
Multifamily Residential Property N/A $32,894 per Acre
Non-Residential Property N/A $32,894 per Acre
TABLE 4
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 4
Land Use Type Building Square Footage Rate
Residential Property Less than 4,000 $3,235 per Unit
Residential Property 4,000 or Greater $3,890 per Unit
Multifamily Residential Pro ert N/A $9,121 per Acre
Non-Residential Property N/A $9,121 per Acre
2. Approved Property, Undeveloped Property and Provisional Exempt Property
Each Fiscal Year, each Assessor's Parcel of Approved Property,Undeveloped Property and
Provisional Exempt Property shall be subject to an Assigned Annual Special Tax A. The
Assigned Annual Special Tax A rate for an Assessor's Parcel classified as Approved
Property, Undeveloped Property or Provisional Exempt Property shall be determined
pursuant to Table 5 below:
TABLE 5
ASSIGNED ANNUAL SPECIAL TAX RATES
FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY,
AND PROVISIONAL EXEMPT PROPERTY
Zone Rate
Zone 1 $22,941 per Acre
Zone 2 $7,783 per Acre
Zone 3 $32,894 per Acre
Zone 4 $9,121 per Acre
Page 7
SECTION E
BACKUP ANNUAL SPECIAL TAX A
At the time a Final Map is recorded, the CFD Administrator shall determine which Zone the Final
Map area lies within and the Backup Annual Special Tax A for all Assessor's Parcels classified or
reasonably expected to be classified as Residential Property within such Final Map area shall be
determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the
applicable Zone by the total Acreage of Taxable Property, excluding the Provisional Exempt
Property Acreage,Non-Residential Property Acreage or Multifamily Residential Property Acreage if
any, in such Final Map area and any Acreage reasonably expected to be classified as Exempt
Property, and dividing such amount by the total number of such Assessor's Parcels of Residential
Property.
If the Final Map area described in the preceding paragraph lies within more than one Zone, the
Backup Annual Special Tax A for Assessor's Parcels of Residential Property or Assessor's Parcels
expected to be classified as Residential Property shall be determined by calculating a Backup Special
Tax A rate based upon the weighted average of the Maximum Special Tax A rate for Undeveloped
Property for the Zones which the Assessor's Parcel overlaps using the acreage of the Assessor's
Parcel that lies within each overlapping Zone and multiplying that weighted average Maximum
Special Tax A rate by the total Acreage of the subject Assessor's Parcel.
The Backup Annual Special Tax A rate for Multifamily Residential Property or Non-Residential
Property shall be its Annual Assigned Special Tax A rate.
Notwithstanding the foregoing, if Assessor's Parcels which are classified or to be classified as
Residential Property,Non-Residential Property or Multifamily Property are subsequently changed by
recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument,
then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to
equal the amount of Backup Annual Special Tax A that would have been generated if such change
did not take place.
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A
Commencing Fiscal Year 2016-17 and for each subsequent Fiscal Year,the Board of Directors shall
levy Annual Special Tax A in accordance with the following steps:
Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel
of Developed Property at up to 100%of the applicable Assigned Annual Special Tax
A rates in Tables 1, 2, 3 and 4 to satisfy the Special Tax A Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the
first step has been completed, the Annual Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Approved Property at up to 100%of the
applicable Assigned Annual Special Tax A to satisfy the Special Tax A Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the
first two steps have been completed, the Annual Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of
Page 8
the Assigned Annual Special Tax A for Undeveloped Property applicable to each
such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the
first three steps have been completed, the Annual Special Tax A on each Assessor's
Parcel of Developed Property for which the Maximum Special Tax A is the Backup
Annual Special Tax A shall be increased Proportionately from the Assigned Annual
Special Tax A up to 100%of the Backup Annual Special Tax A as needed to satisfy
the Special Tax A Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the
first four steps have been completed, the Annual Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Provisional Exempt Property up to
100% of the Assigned Annual Special Tax A applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax A Requirement.
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAX A
The following definitions apply to this Section G:
"CFD Public Facilities Amount" means $13,000,000 expressed in 2016 dollars, which shall
increase by the Construction Inflation Index on July 1, 2017, and on each July 1 thereafter, or such
lower number as(i)shall be determined by the CFD Administrator as sufficient to provide the public
facilities under the authorized bonding program, or(ii)shall be determined by the Board of Directors
concurrently with a covenant that the CFD will not issue any more Bonds.
"Construction Inflation Index" means the annual percentage change in the Engineering News-
Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which
ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction
Inflation Index shall be another index as determined by the CFD Administrator that is reasonably
comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Amount minus (i) Bond proceeds
deposited in Improvement Funds and accounts and (ii) other amounts (special taxes, interest
earnings, etc.) allocated to Improvement Funds and accounts that were available to fund such CFD
Public Facilities Amount prior to the date of prepayment.
"Improvement Fund" means, collectively, an account specifically identified in the Indenture to
hold funds which are currently available for expenditure to acquire or construct public facilities
eligible under the Act and any account established prior to the issuance of Bonds for such purpose.
"Outstanding Bonds"means all previously issued Bonds,which will remain outstanding after the
payment of principal from the amount of Special Tax A that have been levied,excluding Bonds to be
redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A.
Prepayment in Full
Page 9
The Maximum Special Tax A obligation may be prepaid and permanently satisfied for(i)Assessor's
Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped
Property for which a Building Permit has been issued, (iii)Approved or Undeveloped Property for
which a Building Permit has not been issued, and (iv) Assessor's Parcels of Provisional Exempt
Property that are not Exempt Property pursuant to Section M. The Maximum Special Tax A
obligation applicable to a Assessor's Parcel may be fully prepaid and the obligation to pay the
Special Tax A for such Assessor's Parcel permanently satisfied as described herein;provided that a
prepayment may be made only if there are no delinquent Special Tax A with respect to such
Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay
the Maximum Special Tax A obligation for such Assessor's Parcel shall provide the CFD
Administrator with written notice of intent to prepay, and within 5 business days of receipt of such
notice,the CFD Administrator shall notify such owner of the amount of the non-refundable deposit
determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount(as
defined below)for the Assessor's Parcel. Within 15 business days of receipt of such non-refundable
deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the
Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for
any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are
defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax A delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum
Special Tax A for the Assessor's Parcel. For an Assessor's Parcel of
Approved Property or Undeveloped Property for which a Building Permit has
been issued, compute the Maximum Special Tax A for the Assessor's Parcel
as though it was already designated as Developed Property, based upon the
Building Permit which has been issued for the Assessor's Parcel. For an
Assessor's Parcel of Approved Property or Undeveloped Property for which a
Building Permit has not been issued, Provisional Exempt Property, to be
prepaid, compute the Maximum Special Tax A for the Assessor's Parcel.
3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 by the
total amount of Special Tax A that could be levied at the Maximum Special
Tax A for all Assessor's Parcels of Taxable Property based on the applicable
Maximum Special Tax A, including for Assessor's Parcels of Approved
Page 10
Property or Undeveloped Property for which a Building Permit has been
issued, the Maximum Special Tax A for the Assessor's Parcel as though it
was already designated as Developed Property,not including any Assessor's
Parcels for which the Special Tax A obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount
of the Outstanding Bonds to determine the amount of Outstanding Bonds to
be redeemed with the Prepayment Amount (the "Bond Redemption
Amount").
5. Multiply the Bond Redemption Amount by the applicable redemption
premium,if any, on the Outstanding Bonds to be redeemed(the"Redemption
Premium").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to determine the amount of Future
Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount").
8. Determine the amount needed to pay interest on the Bond Redemption
Amount from the first bond interest and/or principal payment date following
the current Fiscal Year until the earliest redemption date for the Outstanding
Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Tax A levied on the Assessor's Parcel in the current
Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive
from the investment of the Bond Redemption Amount and the Redemption
Premium from the date of prepayment until the redemption date for the
Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the
amount derived pursuant to paragraph 10 (the"Defeasance Amount").
12. Verify the administrative fees and expenses of the CFD,including the cost of
computation of the Prepayment Amount, the cost to invest the Prepayment
Amount, the cost of redeeming the Outstanding Bonds, and the cost of
recording notices to evidence the prepayment of the Maximum Special Tax
obligation for the Assessor's Parcel and the redemption of Outstanding Bonds
(the"Administrative Fees and Expenses").
13. The reserve fund credit(the"Reserve Fund Credit")shall equal the lesser of:
(a) the expected reduction in the reserve requirement (as defined in the
Indenture),if any, associated with the redemption of Outstanding Bonds as a
result of the prepayment, or (b) the amount derived by subtracting the new
Page 11
reserve requirement (as defined in the Indenture) in effect after the
redemption of Outstanding Bonds as a result of the prepayment from the
balance in the reserve fund on the prepayment date,but in no event shall such
amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
Defeasance Amount and the Administrative Fees and Expenses, less the
Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the
Redemption Premium, and Defeasance Amount shall be deposited into the
appropriate fund as established under the Indenture and be used to redeem
Outstanding Bonds or make debt service payments. The Future Facilities
Amount shall be deposited into the Improvement Fund. The Administrative
Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In
such event, the increment above $5,000 or an integral multiple thereof will be retained in the
appropriate fund established under the Indenture to be used with the next redemption from other
Special Tax A prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax A levy as determined pursuant to
paragraph 9 above, if applicable, the CFD Administrator shall remove the current Fiscal Year's
Special Tax A levy for the Assessor's Parcel from the County tax roll. With respect to any
Assessor's Parcel for which the Maximum Special Tax A obligation is prepaid,the Board shall cause
a suitable notice to be recorded in compliance with the Act,to indicate the prepayment of Maximum
Special Tax A obligation and the release of the Special Tax A lien for the Assessor's Parcel, and the
obligation to pay the Special Tax A for such Assessor's Parcel shall cease.
Notwithstanding the foregoing,no Special Tax A prepayment shall be allowed unless the amount of
Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property,excluding
all Provisional Exempt Property and all Assessor's Parcels with delinquent Special Taxes, after the
proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will
remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax A obligation may be accepted upon
the terms and conditions established by the Board pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the Board.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Maximum Special Tax A obligation for an Assessor's Parcel of Developed Property,Approved
Property or Undeveloped Property may be partially prepaid.For purposes of determining the partial
prepayment amount, the provisions of Section G shall be modified as provided by the following
formula:
Page 12
PP = ((PE—A)x F) +A
These terms have the following meaning:
PP =Partial Prepayment
PE =the Prepayment Amount calculated according to Section G
F=the percent by which the owner of the Assessor's Parcel(s)is partially prepaying
the Maximum Special Tax A obligation
A=the Administrative Fees and Expenses determined pursuant to Section G
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax A
obligation for the Assessor's Parcel shall notify the CFD Administrator of(i)such owner's intent to
partially prepay the Maximum Special Tax A obligation,(ii)the percentage of the Maximum Special
Tax A obligation such owner wishes to prepay, and(iii)the company or agency that will be acting as
the escrow agent, if any. Within 5 business days of receipt of such notice, the CFD Administrator
shall notify such property owner of the amount of the non-refundable deposit determined to cover the
cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15
business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such
owner of the amount of the Partial Prepayment for the Assessor's Parcel. A Partial Prepayment must
be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed
with the proceeds of the Partial Prepayment.
With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is partially
prepaid,the CFD Administrator shall(i)distribute the Partial Prepayment as provided in Paragraph
15 of Section G and(ii)indicate in the records of the CFD that there has been a Partial Prepayment
for the Assessor's Parcel and that a portion of the Special Tax A obligation equal to the remaining
percentage(1.00-F)of Special Tax A obligation will continue on the Assessor's Parcel pursuant to
Section F.
SECTION I
MAXIMUM SPECIAL TAX B
1. Developed Property
Maximum Special Tax B
Each Fiscal Year, each Assessor's Parcel of Residential Property or Multifamily Residential
Property shall be subject to a Maximum Annual Special Tax B.
The Maximum Annual Special Tax B applicable to an Assessor's Parcel of Developed
Property shall be determined using the Table 6 below.
TABLE 6
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY
Land Use Type Rate
Residential Property $432 per Unit
Page 13
Non-Residential Property $2,766 per Acre
Multifamily Residential $2,766 per Acre
Property
2. Approved Property, Undeveloped Property and Provisional Exempt Property
No Special Tax B shall be levied on Approved Property, Undeveloped Property and
Provisional Exempt Property.
3. Increase in the Maximum Special Tax B
On each July 1, commencing July 1,2017,the Maximum Special Tax B shall be increased by
an amount equal to CPI or two percent(2%),whichever is greater, of the amount in effect for
the previous Fiscal Year.
SECTION J
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX B
Commencing with Fiscal Year 2016-17 and for each following Fiscal Year, the City shall levy the
Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each
Assessor's Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B
Requirement.
SECTION K
PREPAYMENT OF ANNUAL SPECIAL TAX B
No prepayments of Annual Special Tax B are permitted.
SECTION L
TERM OF THE SPECIAL TAX A AND SPECIAL TAX B
For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all
Assessor's Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A
amounts remain uncollected prior to or after all Bonds are retired,the Annual Special Tax A may be
levied to the extent necessary to reimburse CFD 16-01 for uncollected Annual Special Tax A
amounts associated with the levy of such Annual Special Tax A amounts,but not later than the 2061-
62 Fiscal Year.
For each Fiscal Year, Special Tax B shall be levied in perpetuity as long as the Services are being
provided.
SECTION M
EXEMPT PROPERTY
The CFD Administrator shall classify as Exempt Property within the applicable Zone,(i)Assessor's
Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use
by the State of California, Federal or other local governments, including school districts, (ii)
Assessor's Parcels which are used as places of worship and are exempt from ad valorem property
Page 14
taxes because they are owned by a religious organization, (iii)Assessor's Parcels which are owned
by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners'
association, (iv) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are
privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of
public uses determined by the CFD Administrator. The CFD Administrator shall classify such
Assessor's Parcels as Exempt Property in the chronological order in which property becomes
Exempt.
Notwithstanding the foregoing,the CFD Administrator for purposes of levying the Special Tax shall
not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of
all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 7
below. Assessor's Parcels which cannot be classified as Exempt Property because such classification
would reduce the Acreage of all Taxable Property within the applicable Zone to less than the
Acreage amounts listed in Table 7 will be classified as Provisional Exempt Property, and will be
subject to the levy of Special Tax pursuant to Step Five in Section F.
TABLE 7
MINIMUM TAXABLE ACRES
Zone Acres
Zone 1 116.64
Zone 2 52.65
Zone 3 9.65
Zone 4 22.54
SECTION N
APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Annual Special Tax A or Annual
Special Tax B is not correct may file a written notice of appeal with the CFD Administrator not later
than twelve months after having paid the first installment of the Special Tax A or Annual Special
Tax B that is disputed. The CFD Administrator of CFD No. 16-01 shall promptly review the appeal,
and if necessary, meet with the property owner, consider written and oral evidence regarding the
amount of the Annual Special Tax A or Annual Special Tax B, and rule on the appeal. If the CFD
Administrator's decision requires that the Annual Special Tax A or Annual Special Tax B for an
Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be
made (except for the last year of levy in the case of the Annual Special Tax A), but an adjustment
shall be made to the Annual Special Tax A or Annual Special Tax B on that Assessor's Parcel in the
subsequent Fiscal Year(s).
The Board of Directors may interpret this Rate and Method of Apportionment of Annual Special Tax
A and Annual Special Tax B for purposes of clarifying any ambiguity and make determinations
relative to the amount of Administrative Expenses.
SECTION O
MANNER OF COLLECTION
Page 15
The Annual Special Tax A and Annual Special Tax B shall be collected in the same manner and at
the same time as ordinary ad valorem property taxes,provided,however,that CFD 16-01 may collect
the Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if
necessary to meet its financial obligations.
Page 16
EXHIBIT C
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority will
conduct a public hearing on Tuesday, April 26, 2016 at 7:00 p.m. or as soon thereafter as practicable, in
the Temecula City Council chambers located at 41000 Main Street, Temecula, California, to consider the
following:
INTENT TO FORM
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO 16-01
(RORIPAUGH RANCH PHASE 2)
On March 22, 2016, the Board of Director's of the Temecula Public Financing Authority adopted a
Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority
Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special
Taxes Therein — Roripaugh Ranch Phase 2" (the "Resolution of Intention"). Reference is hereby made to
the Resolution of Intention on file in the office of the Secretary of the Temecula Public Financing Authority
for further particulars.
In the Resolution of Intention, the Board of Directors declared its intention to form the Temecula
Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) to fund
costs of prepaying certain special taxes, and to fund costs of certain public improvements and municipal
services identified in an exhibit to the Resolution of Intention. The proposed boundaries of the community
facilities district were identified, and the Resolution of Intention identified a proposed special tax to be
levied on real property to be included in the community facilities district to pay for costs of prepaying
certain special taxes, and to fund costs of the public improvements and the municipal services, and/or to
pay debt service on bonds to be issued, in a principal amount not to exceed $60,000,000, for the
community facilities district to finance costs of prepaying certain special taxes and of costs of the public
improvements.
In the Resolution of Intention, the Board of Directors provided that the levy of the special tax will
be subject to a mailed ballot election among the landowners in the community facilities district. The
Board of Directors authorized the Executive Director of the Temecula Public Financing Authority to
execute a joint community facilities agreement with the City of Temecula, the Temecula Community
Services District, the County of Riverside and any other public entity that will own and/or operate any of
the public improvements, or that will provide any of the services, to be funded by the community facilities
district, ordered the Director of Public Works of the City to prepare a report on the community facilities
district, and called for a public hearing on the community facilities district.
At the hearing, the testimony of all interested persons or taxpayers for or against the
establishment of the community facilities district, the extent of the community facilities district or the
prepayment of the special taxes and the furnishing of specified types of public improvements and
services will be heard. Any person interested may file a protest in writing with the Secretary. If fifty
percent or more of the registered voters, or six registered voters, whichever is more, residing in the
territory proposed to be included in the community facilities district, or the owners of one-half or more of
the area of land in the territory proposed to be included in the community facilities district and not exempt
from the special tax file written protests against the establishment of the community facilities district and
the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of
C-1
Directors of the Authority shall take no further action to establish the community facilities district or
authorize the special taxes for a period of one year from the date of the decision of the Board of Directors,
and if the majority protests of the registered voters or the landowners are only against the prepayment of
special taxes or the furnishing of a type or types of public improvements or services within the community
facilities district, or against levying a specified special tax, that prepayment, those types of public
improvements or services, or the specified special tax, will be eliminated from the proceedings to form the
community facilities district.
Any person interested in these matters is invited to attend and present testimony either for or
against the above item. If you challenge the proposed action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the Board of Directors of the Authority at or prior to the public hearing.
/s/ Randi Johl
Secretary,
Temecula Public Financing Authority
C-2
SHEET 1 OF 1 SHEET
PROPOSED BOUNDARY MAP
FILED IN THE OFFICE OF THE SECRETARY OF THE TEMECULA PUBLIC FINANCING AUTHORITY
TEMECULA PUBLIC FINANCING AUTHORITY THIS COMMUNITY FACILITIES DISTRICT NO. 16-01
DAY OF ,2016. (RORIPAUGH RANCH PHASE 2),
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SECRETARY
TEMECULA PUBLIC FINANCING AUTHORITY ZONE 1 APN's ZONE 3 APN
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING 964-180-004 964-460-009
PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY 964-180-005
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2),COUNTY OF RIVERSIDE, 964-180-017 ZONE 4 APN's
STATE OF CALIFORNIA,WAS APPROVED BY THE BOARD 964-180-018
OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING N1U 964-180-020 964-460-003
964-460 007 964-180-022
AUTHORITY AT A REGULAR MEETING THEREOF, -Rl�/FT 964-460-005
HELD ON THE DAY OF AH6TS NGS R 964-180-023 964-460-007
20 ,BY ITS RESOLUTION NO. 964-180-024 964-460-008
964-180-025 964-460-017
SECRETARY osaasaooaLu qo 964-460-018
TEMECULA PUBLIC FINANCING AUTHORITY ZONE 2 APN's 964-460-019
O
RECORDED THIS DAY OF , 20 �v 964-180-019
AT THE HOUR OF O'CLOCK M IN BOOK 96 46Mosalaaola 964-180-026
PAGE OF MAPS OF ASSESSMENT AND COMMUNITY esa=aaaoos 964-180-027
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY osalaaov
RECORDER, IN THE COUNTY OF RIVERSIDE,STATE OF1-A R0000
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CALIFORNIA
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PETER ALDANA,ASSESSOR,COUNTY CLERK,RECORDER 9644M19NORTH-LOOP- o64180-019
964-lac-oto
BY:
DEPUTY oba18U U22
LEGEND
VICINITY MAP 9s4180025
NOT TO SCALE esaleao2a 964180 024 COMMUNITY FACILITIES DISTRICT
BOUNDARY
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THIS BOUNDARY MAP CORRECTLY SHOWS THE LOT OR PARCEL
A L. B EER TT TA. OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY
WH K K FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND NOT TO SCALE
A 5 5 O C A T e s DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
s ASSESSOR'S MAPS FOR FISCAL YEAR 2015-2016. W.0. 15-0029
RESOLUTION NO. TPFA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE
PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH
RANCH PHASE 2)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. This Board of Directors has this date adopted its Resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its
Intention to Establish a Community Facilities District and To Authorize the Levy of Special
Taxes Therein — Roripaugh Ranch Phase 2," stating its intention to form a community facilities
district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose
of financing the costs of the prepayment of certain special taxes (the "CFD 03-02 Special Tax
Prepayment"), the costs of certain public improvements (the "Facilities"), and the costs of
providing certain municipal services.
Section 2. This Board of Directors estimates the amount required for the financing of the
costs of the CFD 03-02 Special Tax Prepayment and the Facilities to be approximately
$55,000,000, and in order to finance said CFD 03-02 Special Tax Prepayment and Facilities it is
necessary to incur bonded indebtedness of the proposed Temecula Public Financing Authority
Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "District") in the
amount of not to exceed $60,000,000.
Section 3. The bonded indebtedness is proposed to be incurred for the purpose of
financing all or a portion of the costs of the CFD 03-02 Special Tax Prepayment and of the
Facilities, including costs incidental to or connected with the accomplishment of said purposes
and of the financing thereof.
Section 4. This Board of Directors, acting as legislative body for the District, intends to
authorize the issuance and sale of bonds in the maximum aggregate principal amount of
$60,000,000, bearing interest payable semi-annually or in such other manner as this Board of
Directors shall determine, at a rate not to exceed the maximum rate of interest as may be
authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty
(40) years from the date of the issuance of said bonds.
Section 5. Tuesday, April 26, 2016, at 7:00 p.m. or as soon thereafter as the matter may
be heard, in the regular meeting place of this Board of Directors, City Council Chambers,
Temecula City Hall, 41000 Main Street, Temecula, California, be, and the same are hereby
appointed and fixed as the time and place when and where this Board of Directors, as
legislative body for the District, will conduct a public hearing on the proposed debt issue and
consider and finally determine whether the public interest, convenience and necessity require
the issuance of bonds of the Authority for the District.
Section 6. The Secretary is hereby directed to cause notice of said public hearing to be
given by publication one time in a newspaper of general circulation circulated within the District.
The publication of said notice shall be completed at least seven (7) days before the date herein
set for said public hearing. The notice shall be substantially in the form of Exhibit A hereto.
Section 7. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 22nd day of March, 2016.
Michael S. Naggar, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby
certify that the foregoing Resolution No. TPFA 16- was duly and regularly adopted by
the Board of Directors of the Temecula Public Financing Authority at a meeting thereof
held on the 22nd day of March, 2016, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority
will conduct a public hearing on Tuesday, April 26, 2016 at 7:00 p.m. or as soon thereafter as
practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula,
California, to consider the following:
INTENT TO INCUR INDEBTEDNESS
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO 16-01
(RORIPAUGH RANCH PHASE 2)
On March 22, 2016, the Board of Directors of the Temecula Public Financing Authority
adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public
Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula
Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2)" (the
"Resolution of Intention to Incur Indebtedness"). Reference is hereby made to the Resolution of
Intention to Incur Indebtedness on file in the office of the Secretary of the Temecula Public Financing
Authority for further particulars.
In the Resolution of Intention to Incur Indebtedness, the Board of Directors declared its
intention to authorize the issuance and sale of bonds in the maximum principal amount of
$60,000,000 for the Temecula Public Financing Authority Community Facilities District No. 16-01
(Roripaugh Ranch Phase 2) to finance costs of the prepayment of certain special taxes and costs of
certain public improvements. The testimony of all interested persons, including all persons owning
property in the area included in the proposed community facilities district, for or against the proposed
debt issuance will be heard at the public hearing.
Any person interested in these matters is invited to attend and present testimony either for or
against the above item. If you challenge the proposed action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the Board of Directors at or prior to the public hearing.
/s/ Randi Johl
Secretary, Temecula
Public Financing Authority
CITY COUNCIL BUSINESS
Item No . 15
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Thomas Garcia, Director of Public Works/City Engineer
DATE: March 22, 2016
SUBJECT: Introduce Ordinance Amending Section 10.28.010(D) of the Temecula
Municipal Code Regarding Prima Facie Speed Limits on Certain Streets
PREPARED BY: Jerry Gonzalez, Associate Engineer- Traffic
RECOMMENDATION: That the City Council introduce and read by title only an ordinance
entitled:
ORDINANCE NO. 16-
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
SUMMARY OF
ORDINANCE: The Temecula Municipal Code is hereby amended as follows to
modify the declared prima facie speed limits on the following streets:
Declared
Name of Street and Portion Affected Prima Facie
Speed Limit
Miles Per Hour
Avenida Barca 35
Margarita Road to Del Rey Road
Butterfield Stage Road 55
Murrieta Hot Springs Road to De Portola Road
Butterfield Stage Road 50
De Portola Road to Temecula Parkway
Butterfield Stage Road 45
Temecula Parkway to Nighthawk Pass
Jefferson Avenue
40
North City Limit to Rancho California Road
Pechanga Parkway 40
Temecula Parkway to Rainbow Canyon Road
Pechanga Parkway 45
Rainbow Canyon Road to South City Limit
Winchester Road 50
Dendy Parkway to Diaz Road
Winchester Road 40
Diaz Road to Roripaugh Road
Winchester Road 50
Roripaugh Road to Nicolas Road
Winchester Road 55
Nicolas Road to East City Limit
Ynez Road
45
North City Limit to Jedediah Smith Road
BACKGROUND: The California Vehicle Code (CVC) requires local authorities to
review, reaffirm or adjust speed limits within their jurisdiction every seven years on the basis of
an Engineering and Traffic Survey. The CVC also mandates that new speed limits be
established on the basis of an Engineering and Traffic Survey. The Engineering and Traffic
Survey provides the mechanism for the legal enforcement of the posted speed limit by the use
of radar or any other electronic speed-measuring device.
As defined in the California Vehicle Code, an Engineering and Traffic Survey is "a survey of
highway and traffic conditions in accordance with methods determined by the Department of
Transportation for use by state and local authorities." The survey shall include, but not be
limited to, consideration of prevailing speeds as determined by traffic engineering
measurements, accident statistics, and highway, traffic, and roadside conditions not readily
apparent to the driver. These characteristics are all considered when determining a reasonable
and prudent posted speed limit. It should be noted that establishing a speed limit, which is not
consistent with the 85th percentile speed, constitutes a "speed trap" and is not enforceable by
the use of radar or any other electronic speed-measuring device.
An Engineering and Traffic Survey was conducted by Willdan Engineering on six arterials, which
included forty-three segments. The survey indicates that the majority of existing speed limits do
not require a change, and the recommended speed limits are consistent with the existing posted
speed limits. There are however, seven existing segments where an increase to the posted
speed limit is being recommended. The segments are as follows:
Segment MPH Increase
Butterfield Stage Road 50 MPH to 55 MPH
La Serena Way to Rancho California Road
Butterfield Stage Road 50 MPH to 55 MPH
Rancho California Road to Rancho Vista Road
Butterfield Stage Road 50 MPH to 55 MPH
Rancho Vista Road to Pauba Road
Butterfield Stage Road 50 MPH to 55 MPH
Pauba Road to De Portola Road
Pechanga Parkway 40 MPH to 45 MPH
Wolf Valley Road to Casino Drive South
Pechanga Parkway 40 MPH to 45 MPH
Casino Drive South to South City Limit
Winchester Road 45 MPH to 50 MPH
Roripaugh Road to Nicolas Road
A decrease to the posted speed limit is being recommended on the following segment:
Segment MPH Decrease
Winchester Road 45 MPH to 40 MPH
Margarita Road to Roripaugh Road
Additionally, establishment of a posted speed limit is recommended at the following location:
Location MPH Recommended
Avenida Barca 35 MPH
Margarita Road to Del Rey Road
The recommended posted speed limits conform to the requirements of the California Vehicle
Code and the Caltrans Manual on Uniform Traffic Control Devices for establishing prudent
posted speed limits that are consistent with roadway conditions, prevailing speeds, and more
importantly, enforceable.
At the meeting of February 25, 2016, the Public/Traffic Safety Commission considered the
proposed speed limit changes and reaffirmations and approved (3-0-1) the staff
recommendation that the City Council adopt an Ordinance establishing the speed limits
identified in the exhibit attached to the Engineering and Traffic Survey entitled Summary of
Recommendations. Chairperson Richardson recused himself from the vote due to a conflict
with the proximity of his residence.
FISCAL IMPACT: Adequate funds are available in the Public Works Sign
Maintenance Account No. 001.164.602.5244, and the Public Works Striping and Stenciling
Account No. 001.164.602.5410.
ATTACHMENTS: 1. Ordinance
2. Summary of Recommendations
ORDINANCE NO. 16-
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
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 described prima facie speed limits only on the
following streets:
Declared Prima
Name of Street Facie Speed Limit
And Portion Affected Miles Per Hour
Avenida Barca
Margarita Road to Del Rey Road 35
Butterfield Stage Road
Murrieta Hot Springs Road to De Portola Road 55
Butterfield Stage Road
De Portola Road to Temecula Parkway 50
Butterfield Stage Road
Temecula Parkway to Nighthawk Pass 45
Jefferson Avenue
North City Limit to Rancho California Road 40
Pechanga Parkway
Temecula Parkway to Rainbow Canyon Road 40
Pechanga Parkway
Rainbow Canyon Road to South City Limit 45
Winchester Road
Dendy Parkway to Diaz Road 50
Winchester Road
Diaz Road to Roripaugh Road 40
Winchester Road
Roripaugh Road to Nicolas Road 50
Winchester Road
Nicolas Road to East City Limit 55
Ynez Road
North City Limit to Jedediah Smith 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 day of
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16- was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 22nd day of March, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
• -
Summary of Recommendations
Posted
SpeedSpeed Critical Recommended
To Limit Speed Limit AommhWien
1 AVENIDA BARCA MARGARITA RD. DEL REY RD. NP 35 35 CLOSEST TO 85TH SPEED
2 BUTTERFIELD MURRIETA HOT CALLE CHAPOS 55 57 55 CLOSEST TO 85TH SPEED
STAGE RD. SPRINGS RD.
3 BUTTERFIELD CALLE CHAPOS LA SERENA WAY 55 58 55 CALIFORNIA MUTCD OPTION 2
STAGE RD.
4 BUTTERFIELD LA SERENA WAY RANCHO 50 56 55 CLOSEST TO 85TH SPEED
STAGE RD. CALIFORNIA RD.
5 BUTTERFIELD RANCHO RANCHO VISTA RD. 50 57 55** CLOSEST TO 85TH SPEED
STAGE RD. CALIFORNIA RD.
6 BUTTERFIELD RANCHO VIST RD. PAUBA RD. 50 57 55 CLOSEST TO 85TH SPEED
STAGE RD.
7 BUTTERFIELD PAUBA RD. DE PORTOLA RD. 50/55 57 55 CLOSEST TO 85TH SPEED
STAGE RD.
8 BUTTERFIELD DE PORTOLA RD. TEMECULA PKWY. 50 50 50 CLOSEST TO 85TH SPEED
STAGE RD.
9 BUTTERFIELD TEMECULA PKWY. WELTON WAY 45 49 45** CALIFORNIA MUTCD OPTION 2
STAGE RD.
10 BUTTERFIELD WELTON WAY NIGHTHAWK PASS 45 50 45**
STAGE RD.
11 JEFFERSON AVE. NORTH CITY LIMIT WINCHESTER RD. 40 35 40
12 JEFFERSON AVE. WINCHESTER RD. OVERLAND DR. 40 38 40 CLOSEST TO 85TH SPEED
13 JEFFERSON AVE. OVERLAND DR. VIA MONTEZUMA 40 41 40 CLOSEST TO 85TH SPEED
14 JEFFERSON AVE. VIA MONTEZUMA DEL RIO RD. 40 42 40 CLOSEST TO 85TH SPEED
* See "Segments with Special Conditions" Section for Comments
**= 25 mph when children are present
2016 Engineering and Traffic Survey
8 City of Temecula
15 JEFFERSON AVE. DEL RIO RD. RANCHO 40 44 40 CALIFORNIA MUTCD OPTION 2
CALIFORNIA RD.
16 PECHANGA PKWY. TEMECULA PKWY. DINBOW CANYON 40 40 40 CLOSEST TO 85TH SPEED
17 PECHANGA PKWY. DINBOW CANYON MURFIELD DR. 45 51 45
18 PECHANGA PKWY. MURFIELD DR. LOMA LINDA RD. 45 47 45 CLOSEST TO 85TH SPEED
19 PECHANGA PKWY. LOMA LINDA RD. WOLF VALLEY RD. 45 50 45
20 PECHANGA PKWY. WOLF VALLEY RD. CASINO DR. SOUTH 40 45 45 CLOSEST TO 85TH SPEED
21 PECHANGA PKWY. CASINO DR. SOUTH SOUTH CITY LIMITS 40 46 45 CLOSEST TO 85TH SPEED
22 WINCHESTER RD. DENDY PKWY. FULLER RD. 50 46 50
23 WINCHESTER RD. FULLER RD. DIAZ RD- 50 52 50 CLOSEST TO 85TH SPEED
24 WINCHESTER RD. DIAZ RD. ENTERPRISE CIRCLE 40 40 40 CLOSEST TO 85TH SPEED
25 WINCHESTER RD. ENTERPRISE CIRCLE JEFFERSON AVE. 40 43 40 CALIFORNIA MUTCD OPTION 2
26 WINCHESTER RD. JEFFRESON AVE. YNEZ RD. 40 33 40
27 WINCHESTER RD. YNEZ RD. PROMENADE MALL 40 39 40 CLOSEST TO 85TH SPEED
WEST
28 WINCHESTER RD. PROMENADE MALL PROMENADE MALL 40 41 40 CLOSEST TO 85TH SPEED
WEST EAST
29 WINCHESTER RD. PROMENADE MALL MARGARITA RD. 40 42 40 CLOSEST TO 85TH SPEED
EAST
* See "Segments with Special Conditions" Section for Comments
**= 25 mph when children are present
2016 Engineering and Traffic Survey
9 City of Temecula
Table
Summary of • • . •
Posted
• . - .
1 ,. SpeedLimit Speed Limit Co
30 WINCHESTER RD. MARGARITA RD. RORIPAUGH RD. 45 41 40 CLOSEST TO 85TH SPEED
31 WINCHESTER RD. RORIPAUGH RD. NICOLAS RD. 45 48 50** CLOSEST TO 85TH SPEED
32 WINCHESTER RD. NICOLAS RD. EAST CITY LIMIT 55 55 55 CLOSEST TO 85TH SPEED
33 YNEZ RD. NORTH CITY LIMITS DATE ST. 45 40 45
34 YNEZ RD. DATE ST. EQUITY DR. 45 45 45 CLOSEST TO 85TH SPEED
35 YNEZ RD. EQUITY DR. WINCHESTER RD. 45 46 45 CLOSEST TO 85TH SPEED
36 YNEZ RD. WINCHESTER RD. OVERLAND DR. 45 41 45
37 YNEZ RD. OVERLAND DR. SOLANA WAY 45 43 45 CLOSEST TO 85TH SPEED
38 YNEZ RD. SOLANA WAY CALIFORNIA RD.NCHO 45 47 45 CLOSEST TO 85TH SPEED
39 YNEZ RD. RANCHO RANCHO VISTA RD. 45 49 45 CALIFORNIA MUTCD OPTION 2
CALIFORNIA RD.
40 YNEZ RD. RANCHO VISTA RD. PAUBA RD. 45 47 45 CLOSEST TO 85TH SPEED
41 YNEZ RD. PAUBA RD. SANTIAGO RD. 45 47 45 CLOSEST TO 85TH SPEED
42 YNEZ RD. SANTIAGO RD. LA PAZ ST, 45 49 45 CALIFORNIA MUTCD OPTION 2
43 YNEZ RD. LA PAZ ST. JEDEDIAH SMITH RD. 45 49 45 CALIFORNIA MUTCD OPTION 2
* See"Segments with Special Conditions" Section for Comments
**= 25 mph when children are present
2016 Engineering and Traffic Survey
10 City of Temecula
JOINT MEETING OF THE
CITY COUNCIL ,
OLD TOWN LOCAL
REVIEW BOARD AND
COMMUNITY SERVICES
COMMISSION
Item No . 16
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: March 22, 2016
SUBJECT: Conduct Annual Joint Meeting Between the City Council and the Old Town
Local Review Board
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council conduct the annual joint meeting between
the City Council and the Old Town Local Review Board.
BACKGROUND: On January 26, 2016 the City Council approved an amendment to
the role and authority of Board and Commission Members, as set forth in the handbook, to
include annual joint meetings between the City Council and each board and/or commission. At
the annual joint meeting, each board and/or commission will provide a brief overview of the
previous year highlights, anticipated activities for the upcoming year, and take further direction
from the City Council as necessary. The schedule for the 2016 annual joint meetings is as
follows: Planning Commission (conducted on March 8, 2016), Community Services
Commission/Old Town Local Review Board (March 22, 2016), and Public Traffic/Safety
Commission (April 12, 2016).
FISCAL IMPACT: None
ATTACHMENTS: None
Item No . 17
Approvals
City Attorney /'��
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: March 22, 2016
SUBJECT: Conduct Annual Joint Meeting Between the City Council and the Community
Services Commission
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council conduct the annual joint meeting between
the City Council and the Community Services Commission.
BACKGROUND: On January 26, 2016 the City Council approved an amendment to
the role and authority of Board and Commission Members, as set forth in the handbook, to
include annual joint meetings between the City Council and each board and/or commission. At
the annual joint meeting, each board and/or commission will provide a brief overview of the
previous year highlights, anticipated activities for the upcoming year, and take further direction
from the City Council as necessary. The schedule for the 2016 annual joint meetings is as
follows: Planning Commission (conducted on March 8, 2016), Community Services
Commission/Old Town Local Review Board (March 22, 2016), and Public Traffic/Safety
Commission (April 12, 2016).
FISCAL IMPACT: None
ATTACHMENTS: None
DEPARTMENT REPORTS
Item No . 18
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Community Development Director
DATE: March 22, 2016
SUBJECT: Community Development Department Monthly Report
PREPARED BY: Lynn Kelly-Lehner, Senior Management Analyst
RECOMMENDATION: Receive and file.
The following are the highlights for the Community Development Department for the month of
February 2016.
CURRENT PLANNING ACTIVITIES
New Cases: In February, Planning received 28 new applications, including 3 pre-applications,and
conducted 3 Public Hearings. A detailed account of current planning activities is attached to this
report.
Audi Dealership: On February 18, 2015, staff received a pre-application for a 37,000 square foot
Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing
Mercedes-Benz of Temecula dealership. A Development Plan application was filed for the project
on April 6,2015. A community meeting was held with the Harveston community on March 25,2015
to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting
and were positive about the addition of the Audi dealership to the community. A Supplemental EIR
is being prepared for the project and went out for public review from July 20,through September 8,
2015. A second community meeting was held with the Harveston communityon August 13,2015,to
discuss the findings of the Supplemental EIR and to provide updates on the project. The Planning
Commission approved Audi on October 21, 2015 and construction is anticipated to begin in March
2016. (FISK)
Temecula Promenade Expansion: On December 3,2015,staff received an application fora Major
Modification to the Promenade Mall to convert a portion of the existing enclosed retail mall (Macy's
wing) to an open-air shopping experience. In addition, two new restaurants will be constructed
adjacent to the Macy's wing in the existing mall parking lot. Modifications to the existing mall area
include removal of the roof, construction of open air concourse/plazas, addition of new exterior wall
finishes with new tenant storefronts, new decorative paving, landscaping, lighting and amenities in
- 1 -
public areas. Additional site changes include modifications to the access/circulation at the Ring
Road and Promenade Mall South, adjacent parking lot, and restriping of parking areas throughout
the site. Staff met with the applicant and with the Promenade City Council Subcommittee on January
11, 2016 and the Planning Commission Promenade Subcommittee on February 25,2016 to discuss
the plans. (KITZEROW)
Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing
Agreement with Ambient Communities (Developer) to process extensive land use entitlements for
the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan,
Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient
Communities is proposing a mixed-use development comprised of residential single-family and
multi-family units, as well as retail/commercial, open space, and institutional uses. Staff is currently
reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has
prepared an Initial Study. The City entered into an agreement with Environmental Science
Associates in July 2014 to prepare an Environmental Impact Report(EIR).An EIR Scoping Meeting
was held on December 3,,2014. Keyser Marston Associates has prepared a fiscal impact analysis
for the project. Staff is working through environmental issues associated with the MSHCP and
wildlife corridors as well as negotiating the Development Agreement.A Draft EIR is anticipated to be
circulated in March 2016. (PETERS)
Temecula Creek Inn (TCI)Specific Plan: On February 23, 2016, the City Council approved a new
contract with Michael Baker Incorporated (formerly RBF) to complete an Environmental Impact
Report (EIR) for a proposed Specific Plan at the Temecula Creek Inn Golf Course and Resort. JC
Resorts is proposing a General Plan Amendment, Specific Plan, Tentative Tract Map, and
Development Plan for a hotel expansion. This project also includes a Fiscal Impact Analysis to
evaluate the project's potential impacts on the City's General Fund. Since 2008, the Developer has
modified the site plan and project description to address concerns regarding site layout, number of
dwelling units, traffic impacts, avoiding cultural resources, deciding whether or not to include multi-
family, debate about a Development Agreement, and timing of the hotel expansion. As a result of
the changes, City Staff requested the applicant to complete a pre-application to make a final
determination on the site plan and project description in an effort to move the project forward. Pre-
application number PR15-1239 resulted in a revised final project description to include 385 single
family dwelling units reducing the current 27-hole golf course to an 18-hole golf course resort and
community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four
Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128
to 227 guest rooms, and the addition of a spa and banquet facilities totaling 153,837 square feet.
Planning Areas 2-4 accommodate the 385 single family homes. Planning Area 5 consists of the golf
course. For recordkeeping purposes,the project has been assigned new 2016 Planning Application
(PA) numbers, (which replace the 2008 PA numbers), in order to correspond to the new project
description and EIR contract with Michael Baker Incorporated. A Draft EIR is anticipated to be
circulated in August 2016. (PETERS)
Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January
22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the
Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health
Services obtained State licensing to open the hospital for patients on October 14, 2013.
On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport
Conditional Use Permit to relocate the heliport from an area nearthe northeast corner of the hospital
building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA
and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport:
Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas.
- 2 -
Phase II would place the heliport on the roof of the second hospital tower. In both cases, the
proposed locations result in a change to the flight path that move it away from the Madera Vista
residential project and changes the path to either head directly into or away from the prevailing wind
direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans.
A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July
2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to
the hospital site. Staff has provided information regarding this new building to ESA for analysis in
the SEIR, and the 45-day public reviewwas from November 12, 2014 through December29, 2014.
The project was reviewed at the April 15, 2015 Planning Commission hearing and received a 4-0
vote (Guerriero absent) recommending approval. Staff has worked with the applicant's consultant
and ESA to respond to comments received from the community at the Planning Commission hearing
and has worked with the applicant's consultant to prepare additional graphics for use at the City
Council hearing. The project was scheduled for the July 28, 2015, City Council hearing but was
continued off calendar so that staff and the Supplemental EIR consultant could make revisions to
the Supplemental EIR to address comments received from Ray Johnson on July 22, 2015. Staff
anticipates that the Revised Draft Supplemental EIR will be available for public review from February
8, 2016 thru March 23, 2016. Staff anticipates bringing the project before the Planning Commission
in May 2016 and before the City Council in June 2016. (FISK)
Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes,
Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the
Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard
Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van
Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as
Sorrento. The three builders will construct 411 homes in four of five available planning areas in the
area commonly referred to the "panhandle."Three hundred sixty six(366) residential permits have
been issued to date.
Roripaugh Ranch Development Agreement Amendment and Specific Plan Amendment: In
March 2014, Roripaugh Valley Restoration (RVR) applied for an amendment to the Roripaugh
Ranch Development Agreement to modify the timing of infrastructure improvements and building
permit thresholds for"pan" area the Specific Plan. Staff has been working with RVR to refine the
deal points of the Development Agreement Amendment(DAA). RVR worked with the second owner
in the "pan" area of the Specific Plan, Wingsweep, to come to agreement on improvement cost
sharing. The Specific Plan Amendment is only for the purpose of consistency of the Specific Plan
infrastructure timing requirements with the proposed Development Agreement Amendment. A
Community Outreach meeting was held on November 19, 2015 for the applicant to present their
proposed DAA changes to the Nicholas Valley and Roripaugh Ranch communities. The DAA and
Specific Plan Amendment was reviewed by the Planning Commission on February 17, 2016 and
received a 4-0-1 (Youmans absent) recommendation for approval. The project is scheduled for the
March 8, 2016 City Council hearing. (FISK)
Temecula Gateway: On November 3, 2014, staff received applications related to the proposed
Temecula Gateway project. The proposed project will consist of a Planned Development
Overlay/Zone Change and General Plan Amendment to change the General Plan designation to
Community Commercial and the zoning designation to Planned Development Overlay 14, a
Tentative Parcel Map to allow for the creation of seven lots from four, a Development Plan to allow
for the construction of four commercial buildings totaling approximately 23,666 square feet, a
Conditional Use Permit to allow for an automobile service station with a corresponding carwash and
convenience store that will serve alcohol, a Conditional Use Permit to allow for a drive-thru for a
restaurant. The City has entered into an agreement with Michael Baker International/PMC to
- 3 -
conduct an Environmental Impact Report for the project. The Draft EIR is anticipated to be
circulated in April 2016. (JONES)
Cypress Ridge: On December 21, 2015, staff received applications Development Plan to construct
245 market rate residential units in the form of duplex, triplex, attached and detached cluster units.
The project will be located on the northeast corner of Pechanga Parkway and Loma Linda Road.
Along with the Development Plan are applications for a Tentative Tract Map(for condo purposes), a
Zone Change/Planned Development Overlay, and a General Plan Amendment. The applicant is
also proposing to upgrade Pala Park to include amenities and play equipment for special needs.
(JONES)
LONG RANGE PLANNING
Uptown Temecula Specific Plan: The Uptown Temecula Specific Plan Area encompasses
approximately 560 acres and is located north of Rancho California Road, west of Interstate 15,
south of Cherry Street, and east of Diaz Road. The Specific Plan is based upon the eight visioning
recommendations of the community and as directed by the Jefferson Corridor Ad Hoc
Subcommittee. The Specific Plan was adopted by the City Council along with the certification of the
Final EIR on November 17, 2015. Staff is developing the scope of work for the Request for
Proposal for the Streetscape Beautification Plan for the Specific Plan area. (WEST)
Hike Bike Temecula (Multi-Use Trails and Bikeways Master Plan Update): On May 14, 2013,
City Council awarded a contract to KTU+A to update the City's Multi-Use Trails and Bikeways
Master Plan. A community workshop was held on October 26, 2013, and attendees provided
feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community
input was also collected through a survey via the project website www.hikebiketemecula.org. A
Steering Committee meeting was held on February 25, 2014, with over 30 participants in
attendance. The focus of the meeting was to summarize the survey results and to get feedback on
proposed improvements in Old Town. The Old Town improvements include sharrows(shared bike
lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically
placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that
included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded
with a community walk-ride event on May 10, 2014, highlighting priority locations for future trails and
bike lanes based on the community's feedback. Staff is currently reviewing the Draft Master Plan.
Presentations to the Community Service Commission,Traffic Public Safety Commission,and Planning
Commission will be held in April before going to City Council in May. (PETERS)
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive
Negotiating Agreement(ENA)with Truax Development(Truax) in order to negotiate the disposition
and development of the two, currently Successor Agency owned, vacant lots in front of the Civic
Center, flanking the Town Square Park on the north and south sides of Main Street. On June 23,
2015, City Council extended the term of the ENA for an additional six months. While both Truax
Development and the City have been negotiating in good faith, the complexities of the project
require that the ENA be extended to allow for additional work to be completed. Upon agreeing to
terms, the City and Truax envision drafting a disposition and development agreement that will be
brought back before the Council for approval. The second amendment to the Exclusive Negotiating
Agreement will be brought to City Council on March 8th to extend the term of the agreement.
(WATSON)
- 4 -
Recognized Obligation Payment Schedule: As part of the ongoing wind-down of the former
Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a
Recognized Obligation Payment Schedule (ROPS)outlining the financial and debt obligations of the
former Redevelopment Agency. Based on the outstanding obligations that are due in the six month
period being reviewed, SARDA makes requests from the Property Tax Trust Fund to make the
appropriate payments. On March 2, 2015, the Oversight Board resolution approving ROPS 15-16A
was delivered to the California State Department of Finance, the California State Controller, and the
Riverside County Auditor Controller per the requirements of the redevelopment dissolution
legislation. The ROPS 15-16B was approved by the SARDA Oversight Board in September 2015.
The ROPS 16-17 was approved by both the SARDA Board and the Oversight Board in January.
(WATSON, LEHNER)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING
Community Development Block Grant(CDBG)Administration: The City will receive$540,214 in
CDBG grant funding for Fiscal Year 2015-16. The funding will be allocated as follows: 20 percent
for program administration ($108,042), 15 percent for public services($81,032)to be divided evenly
between nine non-profit service providers ($7,892 each) and $10,000 to the Fair Housing Council.
The remaining 65 percent was allocated for infrastructure improvements. The Old Town Sidewalk
Improvement project will receive$351,140. In April, the City processed a Substantial Amendment to
redirect$160,561 of unspent funds from previous fiscal years. A total of$26,223 was allocated to
Habitat for Humanity for the Critical Home Maintenance and Repair Program, $12,000 to GRID
Alternatives for the Solar Affordable Housing Program, and $122,338 to the Sam Hicks Monument
Park Playground Replacement project. The City entered into an agreement with MDG Associates
on November 1, 2016 for the administration of CDBG services. Staff held two community and
technical workshops for potential applicants on December 7, 2015. The application period for the
2016-17 fiscal yearwas open from December 1 through December 17, 2015. Staff has reviewed 14
applications for eligibility and presented them to the Finance Subcommittee for recommendations on
February 9, 2016. Staff will bring the Annual Action Plan to the entire City Council on April 261H
(LEHNER)
CDBG Consolidated Plan and Analysis of Impediments to Fair Housing Choice: Every five
years, the City, as an Entitlement City, is required to prepare an updated Consolidated Plan and
Analysis of Impediments to Fair Housing Choice. The Consolidated Plan is designed to help states
and local jurisdictions to assess their affordable housing and community development needs and
market conditions, and to make data-driven, place-based investment decisions. The City entered
into an agreement with MDG Associates on January 26, 2016. The Consolidated Plan will cover the
period July 1, 2017 —June 30, 2022. (LEHNER)
Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014-
2021 General Plan Housing Element Update on January 28,2014, and the City received certification
from the State Department of Housing and Community Development(HCD) on March 10, 2014. A
project processing schedule has been prepared for the Affordable Housing Overlay and Density
Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code
Amendment will also encompass land use updates as required by Program 3. The project is in the
initial planning phase. Staff is currently conducting research and anticipates completing the
ordinances for adoption in 2016.
ENERGY & CONSERVATION
Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining
fund that utilizes rebate incentives while also re-directing annual utility cost savings from energy
- 5 -
efficiency projects into the fund. City Council established the fund in June 2013, with an initial
deposit of $119,728.90 in SCE and SCG rebates. As energy efficiency projects are completed,
rebates are deposited into the fund for future energy efficiency project. The current fund balance is
now $196,797.00. Staff worked with Public Financial Management, funded through the Western
Riverside Energy Partnership, to develop a policy manual for the TEEM Fund, focusing on policies
and methodologies for determining the amount of utility savings to be deposited into the fund after
projects are completed. (WEST)
Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven
Western Riverside Council of Government (WRCOG) member cities, Southern California Edison
(SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy
efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by
completing 13 energy efficiency projects in FY 2012-13, resulting in nearly$100,000 of annual utility
cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot
lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in
annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library
with assistance from the Partnership. The audit identified 9 energy efficiency measures which could
save an estimated 107,429 kWh annually,which also equates to an estimated annual cost savings
to the City of $17,278. If all efficiency measures are implemented, the City would receive
approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures
would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving
the City higher rebate incentives for future energy efficiency measures. (WEST)
Solid Waste and Recycling Program: Staff manages the City's Solid Waste and Recycling
Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City
staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of
household waste and large miscellaneous items that do not fit into the standard residential trash
receptacle. Staff also assists with outreach for the Riverside County Mobile Household Hazardous
Waste Collection events and the Backyard Composting Workshops.
The Residential Organics Recycling Program was adopted by the City Council in June 2015 to be
implemented in 2016. Staff is working with CR&R to develop outreach materials, which include a
letter to be mailed to each resident/home, an article in the City's Newsletter, information on the City's
website, and information on the Public Information Channel and the City's Facebook page.
Implementation will begin following the completion of the CR&R anaerobic digestion facility. CR&R
anticipated their anaerobic digestion facility to be operational in the spring of 2016. (WEST)
BUILDING & SAFETY
Inspections: For the month of February, Building and Safety conducted 1,101 inspections. On
average, there were 55.05 inspections per day, or 13.76 inspections per day, per inspector.
Permits: During the months of February, Building and Safety issued 334 building permits. Of these
permits, 34 were new single family and 73 were photovoltaic permits. Some of these permits from
this month included:
New Construction
Protea Assisted Living Facility—27350 Nicolas Road
- 6 -
Tenant Improvements
Dynamic Vision —41923 2nd Street
Luna Grill —40756 Winchester Road
Kurlan Dermatology Medical Center— 31515 Rancho Pueblo Road
Non-Construction Certificate of Occupancy
Vivint Solar—27449 Colt Court
Yogurt Cup — 30630 Rancho California Road
South Temecula Veterinary Hospital — 32844 Wolf Store Road
Beverly Hills Physicians—40963 Winchester Road
CODE ENFORCEMENT
During the month of February, Code Enforcement responded to 75 web complaints. In addition,the
division opened 87 code cases and forwarded 25 referrals to Public Works, Police,Animal Control,
and Fire. Code Enforcement also pulled 500 non-conforming signs in the community and assisted
35 people at the Community Development Counter. Detailed Code Enforcement case activity can
be found in the following chart:
TYPE OF CODE CASE TYPE TOTAL
Abandoned or Inoperable Vehicle 0
Vacant Home/ Property Maintenance/ Rodent/ Mold 26
Business or Home Occupation w/o license/CUP 8
Trash and Debris/ Dumping 8
Overgrown Vegetation /Weeds/ Fire Hazard 5
Green Pool/Vector Control 2
Graffiti 3
Noise/Nuisance/Animal Control 5
Trailer/ RV Stored/Boat 1
Construction w/o Permit/Building Code 4
Encroach Public ROW/Trash Cans 5
Other/Homeless Encampment 11
Signs Pulled -Violations 6
Public Safety& Health 2
TOTAL NUMBER OF CASES 86
Foreclosure Tracking: Code Enforcement works with the local real estate community to
monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate
the past six months of activities in Temecula.
- 7 -
Residential Foreclosure Tracking
September October November December January February
2015 2015 2015 2015 2016 2016
DEFAULT 75 76 80 81 84 81
FORECLOSED 49 57 50 45 60 64
REO 87 1 79 1 85 1 90 1 81 1 83
TOTALS 211 1 212 215 216 225 228
Commercial Foreclosure Tracking
September October November December January February
2015 2015 2015 2015 2016 2016
DEFAULT 2 2 2 2 2 2
FORECLOSED 0 0 0 0 0 0
REO 11 12 11 10 10 10
TOTALS 13 14 13 12 12 12
- 8 -
PLANNING ACTIVITY REPORT
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0144 Jaime Cardenas 02/01/2016 02/01/2016 Hope Davidson (951)742-0552 Approved
Case Title/Description: Local Errand Girl (Home Occcupation)
PA16-0146 922-072-022 Brandon Rabidou 02/01/2016 Bhupeshkumar Bhupeshkumar Plan Review
Patel Patel
Case Title/Description: Rodeway Inn Temecula Mod:A Minor Modification(Planning Review Only)to
install an external vent over the roof at the existing Rodeway Inn located at 28718 Old Town Front Street
PA16-0147 953-531-018 Jaime Cardenas 02/01/2016 02/01/2016 Benjamin Approved
Leiderman
Case Title/Description: GBM Ventures LLC(Home Occupation)
PA16-0148 960-214-033 Jaime Cardenas 02/01/2016 02/01/2016 MARY L Approved
TRUJILLO
Case Title/Description: MaryTrujillo (Home Occupation)
PA16-0150 955-164-009 Jaime Cardenas 02/01/2016 02/01/2016 Esteban Valdez (951)297-8697 Approved
Jr
Case Title/Description: Estevan Valdez Landscaping(Home Occupation)
PA16-0151 919-190-015 Jaime Cardenas 02/01/2016 02/01/2016 Landen Approved
Schaumann
Case Title/Description: Tropi-Cal Pool Service and Repair(Home Occupation)
PA16-0155 921-810-010 Jaime Cardenas 02/02/2016 02/02/2016 Jena Erholtz Approved
Case Title/Description: Jena Erholtz Twitch.TV Stream(Home Occupation)
PA16-0156 921-720-012 Brandon Rabidou 02/02/2016 Joseph Marca (760)743-4109 DCH Plan Review
ext 214 Investments
Inc.
Case Title/Description: DCH Honda Mod:A Minor Modification to the existing DCH Honda to update the
exterior finishes, expand the drive canopy by 1,290 square feet, and update the existing entrance facade at
26755 Ynez Road
Page 1 of 11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0157 910-420-030 James Atkins 02/02/2016 02/22/2016 Starr De La Cruz (310)606-2078 TEMECULA Approved
TOWNE
CENTER
ASSOC
Case Title/Description: Brighton MOD: a Minor Modification(Planning Review Only)to allow for Brighton
retailer to construct a new door(and design above the door)at a location at the Promenade Mall in the Main
Street general area. The site is located at 40756 Winchester Road.
PA16-0163 921-300-007 Jaime Cardenas 02/03/2016 03/02/2016 Rachel Hartless (405)525-2998 Rancho Completed
ext 135 California
Apartments
Case Title/Description: Rancho California Apartments ZL:A Zoning Letter for the Rancho California
Apartment complex located at 29210 Stonewood Road(APN 921-300-007).
PA16-0164 961-221-002 Jaime Cardenas 02/03/2016 02/03/2016 Ken Cantrell (951)695-7480 Approved
Case Title/Description: KC Plumbing Inc(Home Occupation)
PA16-0166 921-060-018 James Atkins 02/03/2016 Rick Johnson (951)308-4568 Plan Review
Case Title/Description: Islander BBQ Sale TUP: a Temporary Use Permit to allow for a sales event from
February 21st to March 6th. The event will conducted in the parking lot between Jefferson Avenue and the
store front and run between the hours of 9:00 a.m. and 5:00 p.m. Tents will be used to provide cover for the
outdoor storage/display of merchandize. The site is located at 28011 Jefferson Avenue.
PA16-0168 955-072-030 Jaime Cardenas 02/03/2016 02/03/2016 Matthew Smith Approved
Case Title/Description: Matthew Smith(Home Occupation)
PA16-0169 955-072-029 Jaime Cardenas 02/03/2016 02/22/2016 Bradley Brenkus Approved
Case Title/Description: Elite Mortgage Notary(Home Occupation)
PA16-0172 921-300-007 James Atkins 02/03/2016 03/08/2016 Relativity Relativity Architects (310)573-4300 Rancho Approved
Architects California
Apartments
Case Title/Description: Stonewood fenestration MOD: a Minor Modification(Planning Review Only)to
allow for the replacement of window, doors, roofing, and installation of a new wall. The site is located at 29210
Stonewood Road.
Page 2 of 11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0173 921-300-007 James Atkins 02/03/2016 Relativity Relativity Architects (310)573-4300 Rancho Plan Review
Architects California
Apartments
Case Title/Description: Stonewood Com Bldg MOD: a Minor Modification to allow the expansion of the
existing community building. The expansion includes adding 1,000 sq.ft. to the existing facility, path of travel
upgrades, and updating the amenities and offices. The site is located at 29210 Stonewood Road.
PA16-0175 954-020-005 James Atkins 02/03/2016 02/19/2016 Arvin Norouzi (818)653-1393 Rancho Approved
California
Water District
Case Title/Description: VZW Pauba MOD: a Minor Modification(Planning Review Only)to allow for
Verizon Wireless to remove and replace six(6)panel antennas and supporting equipment. The site is
located at 41520 Margarita Road.
PA16-0177 962-162-015 Jaime Cardenas 02/04/2016 02/23/2016 Frank Scott Approved
Harris
Case Title/Description: Harris Door&Trim Inc. (Home Occupation)
PA16-0181 957-212-017 Brandon Rabidou 02/04/2016 02/08/2016 John Kowalczyk Approved
Case Title/Description: J &J Packaging House(Home Occupation)
PA16-0187 962-321-037 Jaime Cardenas 02/05/2016 02/05/2016 Robert Jones III Approved
Case Title/Description: Just Bounce Inflatable Party Rentals(Home Occupation)
PA16-0188 Dale West 02/05/2016 02/05/2016 Keiko Yamasaki Approved
Case Title/Description: Keiko Yamasaki Photography(Home Occupation)
PA16-0189 954-402-034 Jaime Cardenas 02/05/2016 02/11/2016 MATTHEW Approved
CLARK
Case Title/Description: MTC Firearms Training(Home Occupation)
PA16-0190 961-222-003 Jaime Cardenas 02/05/2016 02/05/2016 Pamela Rossi Approved
Case Title/Description: Pamela Rossi's Always 5 Star(Home Occupation)
PA16-0192 922-120-008 James Atkins 02/05/2016 02/29/2016 Sergio Garcia (760)880-6796 Genaro Approved
Dominguez
Case Title/Description: Lienzo Charro MOD: a Minor Modification(Planning Review Only)to allow for the
construction of a 914 sq.ft.cover to the outdoor patio at the existing Lienzo Charro restaurant. The site is
located at 29000 Old Town Front Street
Page 3of11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0193 919-461-029 02/08/2016 Alan Sanchez Plan Review
Case Title/Description: Today(Home Occupation)
PA16-0196 959-261-003 Eric Jones 02/08/2016 02/08/2016 Sandy Villella Approved
Case Title/Description: Valley&Coast Financial Services, Inc(Home Occupation)
PA16-0197 919-240-003 Jaime Cardenas 02/08/2016 02/08/2016 Bernice Serrano Approved
Case Title/Description: Bernice's House Cleaning(Home Occupation)
PA16-0198 961-450-005 Jaime Cardenas 02/08/2016 03/02/2016 Stephen Miller Approved
Case Title/Description: A Reliable Pool Service(Home Occupation)
PA16-0199 909-374-045 Brandon Rabidou 02/09/2016 George Niotta (951)848-9726 George Niotta Plan Review
Case Title/Description: Remington Industrial Mod:A Minor Modification(Planning Review Only)to remove
the existing glass facade and install a steel roll-up door at 42225 Remington, Suite A-18
PA16-0200 955-382-022 Jaime Cardenas 02/09/2016 02/10/2016 Jessica Pelle (951)970-9788 Approved
Case Title/Description: Jessica Pelle(Home Occupation)
PA16-0202 922-220-002 Matt Peters 02/09/2016 Latitude 33 Latitude 33 (858)751-0633 Regency Plan Review
Planning& Planning& Properties
Engineering Engineering Temecula, L.P.
Case Title/Description: Temecula Creek Inn SP:A Specific Plan to expand Temecula Creek Inn into a
master-planned 18-hole golf course resort and community on 305 acres located 44501 Rainbow Canyon
Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the
existing hotel by 99 rooms from 128 to 227 guest rooms(active adult option on 126 units)and the addition of a
spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 include a maximum 409 single
family and multi-family residential units ranging in size from 1,600 to 4,300 square feet. Related Cases
PA16-0203 PA16-0204, PA16-0205(APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007;
008) Previously tracked under PA08-0118
Page 4 of 11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0203 922-220-002 Matt Peters 02/09/2016 Latitude 33 Latitude 33 (858)751-0633 Regency Plan Review
Planning& Planning& Properties
Engineering Engineering Temecula, L.P.
Case Title/Description: Temecula Creek Inn GPA:A General Plan Amendment to amend the City of
Temecula General Plan Land Use Element text and exhibits to allow for non-resort related uses including
single and multi-family residences for the proposed Temecula Creek Inn expansion located at 44501 Rainbow
Canyon Road. Related Cases PA16-0202, PA16-0204, PA16-0205(APNs 922-220-002; 003; 008; 031; and
922-230-002; 003; 004; 007; 008) Previously tracked under PA08-0119
PA16-0204 922-220-002 Matt Peters 02/09/2016 Randi (619)417-2000 Regency Plan Review
Coopersmith Properties
Temecula, L.P.
Case Title/Description: Temecula Creek Inn TTM:ATentative Tract Map(36514)to subdivide nine parcels
(305 acres)into 385 single family residential lots, and open space development for the golf course and resort
for the proposed Temecula Creek Inn expansion located at 44501 Rainbow Canyon Road. Related Cases
PA16-0202, PA16-0203, PA16-0205(APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007;
008) Previously tracked under PA08-0120
PA16-0205 922-220-002 Matt Peters 02/09/2016 Latitude 33 Latitude 33 (858)751-0633 Regency Plan Review
Planning& Planning& Properties
Engineering Engineering Temecula, L.P.
Case Title/Description: Temecula Creek Inn DP:A Development Plan to construct a 153,837 square foot
expansion to the Temecula Creek Inn and golf-course resort located at 44501 Rainbow Canyon Road. The
expansion includes a 126,382 square foot hotel, a 14,825 square foot banquet facility, and a 12,630 square
foot spa facility to be located within Planning Area 1 of the proposed Temecula Creek Inn Specific Plan.
Related Cases PA16-0202, PA16-0203&PA16-0204, (APNs 922-220-002; 003; 008; 031; and 922-230-002;
003; 004; 007; 008) Previously tracked under PA08-0121
PA16-0207 920-090-005 Jaime Cardenas 02/09/2016 03/04/2016 Andrea Francis Chapparal High Approved
School
Education
Foundation
Case Title/Description: Chaparral High School Bingo License:A Bingo License Application for Chaparral
High School Eduction Foundation for events on February 20th, March 19th,April 16th, May 21st, June 18th,
and July 16th of 2016 located at 27215 Nicolas Road.
PA16-0208 916-653-014 Jaime Cardenas 02/09/2016 02/09/2016 Gretchen Approved
Johnson
Case Title/Description: Gretchen A Johnson(Home Occupation)
Page 5of11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0209 921-750-001 James Atkins 02/09/2016 Tina Doherty (213)380-8498 JRAKK PROP Out
Case Title/Description: Bluewater Grill MOD: a Minor Modification to allow for the existing Bluewater Grill
to construct a new 790 square foot outdoor deck adjacent to the front entry. The site is located at 26700
Ynez Road.
PA16-0213 910-290-018 Brandon Rabidou 02/09/2016 Tom Love (951)440-8149 Winchester Plan Review
Marketplace
Case Title/Description: Jared Jewelers DP:A5,850 square foot Development Plan for Jared Jewelers to
demolish the existing Mimi's Cafe and replace the building with a new structure located at 40825 Winchester
Road
PA16-0214 920-170-010 Brandon Rabidou 02/10/2016 02/11/2016 Abby Vasquez (714)519-1400 Donald Ramos Approved
Case Title/Description: Ramos Minor MOD:A Minor Modification(Planning Review Only)to add 584
square feet to an existing residence located at 39947 Sweet Briar Circle
PA16-0218 922-220-031 James Atkins 02/10/2016 03/07/2016 Chris Doheny (619)994-8528 REGENCY Approved
PROP
TEMECULA
Case Title/Description: T-Mobile Wireless MOD: a Minor Modification to allow for T-Mobile to relocate
wireless communication equipment and expand the facilities at an existing site. The expansion will consist of
adding additional antennas to an existing monopine pole and relocating equipment cabinets. The site is
located at 44501 Rainbow Canyon Road.
PA16-0219 959-352-020 Jaime Cardenas 02/11/2016 Alyson Belden (951)296-1026 Out
Case Title/Description: Copies and More-Home Occpation
PA16-0225 953-300-006 Jaime Cardenas 02/11/2016 02/11/2016 Gaylord Holland (781)962-8234 Approved
Case Title/Description: Reality Rally(Home Occupation)
PA16-0230 962-531-003 System 02/12/2016 Charles Downs (310)748-6858 Plan Review
Case Title/Description: Charles R Downs, National Industrial Supply, LLC
PA16-0232 02/12/2016 Brandon Bowers Plan Review
Case Title/Description: TCB Garage Flooring(Home Occupation)
Page 6 of 11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0233 919-362-069 Jaime Cardenas 02/12/2016 02/12/2016 Jessica Hoene Approved
Case Title/Description: 2 Olives&a Twist(Home Occupation)
PA16-0238 922-140-006 Jaime Cardenas 02/16/2016 02/16/2016 BRICE KITTLE Approved
Case Title/Description: Sabre Residential (Home Occupation)
PA16-0239 960-101-019 Jaime Cardenas 02/16/2016 02/16/2016 Christopher Approved
Mauricio
Case Title/Description: The Computer Witchdoctor(Home Occupation)
PA16-0242 959-090-001 Jaime Cardenas 02/16/2016 02/16/2016 Mario Imperato (951)440-2801 Approved
Case Title/Description: Stepping Stone Sporthorses(Home Occupation)
PA16-0247 955-441-006 Matt Peters 02/16/2016 02/16/2016 Brittany Approved
Magnuson
Case Title/Description: Magnuson Business Services-Home Occupation
PA16-0253 961-400-032 Jaime Cardenas 02/17/2016 02/29/2016 Terry Shillito Jr Approved
Case Title/Description: Wolf Creek Coffee(Home Occupation)
PA16-0255 910-470-006 James Atkins 02/17/2016 03/07/2016 Dennis Barcena (520)545-7161 Inland Western Approved
Temecula
Commons LLC
Case Title/Description: Ulta MOD: a Minor Modification(Planning Review Only)to allow for the
subdivision and elevation modification of the existing JoAnn building creating a new Ulta Cosmetics retail
space. The modifications include revised elevations with materials including stone wainscot and awnings.
The site is located at 40460 Winchester Road.
PA16-0258 961-111-021 Jaime Cardenas 02/17/2016 Nathan Gleason (951)816-9039 Cancelled
Case Title/Description: Nate's Mobile Detail (Home Occupation)
PA16-0259 961-111-021 Jaime Cardenas 02/17/2016 Nathan Gleason (951)816-9039 Cancelled
Case Title/Description: Nate's Mobile Detail (Home Occupation)
PA16-0260 961-451-093 Jaime Cardenas 02/17/2016 02/17/2016 Ivy Arabejo Approved
Case Title/Description: Smarty Non-Emergency Medical Transport, LLC(Home Occupation)
Page 7 of 11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0261 955-313-008 Jaime Cardenas 02/17/2016 03/03/2016 Kelsey Perry Approved
Case Title/Description: Kelsey Marie Events&Designs(Home Occupation)
PA16-0263 961-080-011 System 02/18/2016 Andrew Todd Plan Review
Case Title/Description: Trigger Pull Armory(Home Occupation)
PA16-0265 959-222-006 Jaime Cardenas 02/18/2016 02/18/2016 Jacob Dunford Approved
Case Title/Description: Jacob Dunford Media(Home Occupation)
PA16-0266 960-093-004 Scott Cooper 02/18/2016 02/18/2016 Approved
Case Title/Description: Los Ninos Child Care(Home Occupation)
PA16-0268 921-050-003 Scott Cooper 02/18/2016 02/25/2016 Josh Griggs (760)539-6969 Dan Approved
Henderson
Case Title/Description: Dan Henderson MMATUP:A Major Temporary Use Permit for a State of California
sanctioned Mixed Martial Arts event to be held on March 12th, 2016 from 4:00 p.m. to 10:00 p.m. at 27901
Jefferson Avenue
PA16-0269 957-760-020 Jaime Cardenas 02/18/2016 02/18/2016 Kendra Jabbour Approved
Case Title/Description: Sweetology(Home Occupation)
PA16-0270 922-043-002 Eric Jones 02/18/2016 Christopher (951)639-0301 John McCusker Plan Review
Campbell
Case Title/Description: Boutique Hotel Development Plan:A Development Plan application for a five-story
155,630 square foot hotel generally located along the southside of 3rd Street between Old Town Front Street
and Mercedes Street.The hotel will contain 151 guest rooms.A parking structure will also be constructed
directly across 3rd Street.The parking structure will total 98,331 square feet and contain 201 parking spaces
that will be for valet only.
PA16-0271 944-290-021 Jaime Cardenas 02/18/2016 02/18/2016 Nathan Gleason (951)816-9039 Approved
Case Title/Description: Nate's Mobile Detail (Home Occupation)
PA16-0278 965-321-008 Jaime Cardenas 02/19/2016 02/19/2016 Michelle Hillis Approved
Case Title/Description: Beautiful Blooms by Michelle Hillis(Home Occupation)
Page 8of11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0280 910-420-030 Brandon Rabidou 02/22/2016 Andrea Mansour TEMECULA Cancelled
TOWNE
CENTER
ASSOC
Case Title/Description: Tesla Minor Mod:A Minor Modification(Planning)for Tesla to modify an existing
Planning Application(PA15-1356)and rotate the existing charging stations 90 degrees at 40820 Winchester
Road
PA16-0281 918-330-055 Jaime Cardenas 02/22/2016 02/22/2016 Nathan Zapata (951)551-5481 Approved
Case Title/Description: Nathan M Zapata Construction(Home Occupation)
PA16-0284 957-770-048 James Atkins 02/22/2016 02/29/2016 Christine Moore (951)354-2121 Walcott 45 Approved
Case Title/Description: The Vineyards MOD: a Minor Modification(Planning Review Only)to allow for Van
Daele Home to revise the pocket part splash pad. The revisions include utilizing a drought tolerant system
that reuses system water for irrigation; and, installation of a motor at the southeast corner of the park. The
site is located at the southeast corner of Lomardy Street and Seville Street in the Vineyards community.
PA16-0285 953-422-013 Jaime Cardenas 02/22/2016 02/22/2016 Daniel Schmidt Approved
Case Title/Description: Daniel Howard Schmidt(Home Occupation)
PA16-0286 961-455-087 Jaime Cardenas 02/22/2016 02/22/2016 David Bennett Approved
Case Title/Description: Bennett Builders(Home Occupation)
PA16-0291 910-361-001 02/23/2016 Jonathan Stallo Plan Review
Case Title/Description: Jon Stallo Insurance(Home Occupation)
PA16-0292 959-202-045 Jaime Cardenas 02/24/2016 02/24/2016 Jon Bradley Approved
Case Title/Description: Junk Aid LLC(Home Occupation)
PA16-0293 959-202-045 Jaime Cardenas 02/24/2016 03/03/2016 Sharissa Bradley (760)468-3512 Approved
Case Title/Description: Junk Aid LLC(Home Occupation)
PA16-0295 922-120-011 Brandon Rabidou 02/24/2016 Bill Alden (951)255-1116 Edwin Manske Plan Review
Case Title/Description: Shooters CUP:A Conditional Use Permit to allow for a Type 47(On-Sale General
for Bona Fide Public Eating Place)ABC license at an existing pool hall located at 28950 Old Town Front Street
Page 9of11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA16-0300 961-091-034 Jaime Cardenas 02/24/2016 02/24/2016 Raelene Pablo Approved
Case Title/Description: Berry Fresh(Home Occupation)
PA16-0303 959-231-031 Jaime Cardenas 02/25/2016 02/29/2016 CHRISTOPHER (858)255-9462 Approved
UMLOUF
Case Title/Description: Old School Geeks LLC(Home Occupation)
PA16-0310 921-750-014 James Atkins 02/25/2016 Larry Slusser The Legacy Group (951)440-5336 ACNE DEV Plan Review
Inc
Case Title/Description: Temporary Use Permit for River Springs Charter School to allow use of the facility
while the Conditional Use Permit is being processed
PA16-0312 916-373-003 Jaime Cardenas 02/25/2016 03/03/2016 Shannon Cox Approved
Case Title/Description: Memories and Promises Photograhpy(Home Occupation)
PA16-0313 944-351-013 Jaime Cardenas 02/25/2016 02/25/2016 Sheila Ryle (951)377-2268 Approved
Case Title/Description: Shakespeare in the Vines(Home Occupation)
PA16-0317 922-242-069 Jaime Cardenas 02/26/2016 02/26/2016 Kevin Grady Approved
Case Title/Description: Kevin J. Grady(Home Occupation)
PA16-0319 962-472-019 Jaime Cardenas 02/26/2016 02/26/2016 Holli Granados (951)676-0543 Approved
Case Title/Description: The Cookie Confectionery(Home Occupation)
PA16-0320 921-700-016 Jaime Cardenas 02/26/2016 PK I PALOMAR PK I PALOMAR (760)598-2067 Plan Review
VILLAGE VILLAGE
Case Title/Description: Bob and Gary's Field Fresh Strawberry's Major Temporary Use Permit:A Major
Temporary Use Permit to allow a strawberry stand to be located at 4225 Margarita Road.The stand will be
open from March 1st through August 31, 2016 from 7 am-7 pm.
PA16-0323 955-421-053 02/29/2016 Jamie Kutzmarski Plan Review
Case Title/Description: Littlegarb Apparel -Home Occupation
PREAPP16-016 922-190-035 Scott Cooper 02/03/2016 02/18/2016 Tom Utman (949)275-1858 City of Completed
5 Temecula
Case Title/Description: Fast 5 Xpress Car Wash DP:A Pre-Application for Fast 5 Xpress Car Wash to
develop a 5,000 square-foot self service car wash and 3,200 square-foot drive-thru restaurant at 29805
Vallejo Road
Page 10 of 11
Assigned Planner Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PREAPP16-029 910-282-002 Scott Cooper 02/24/2016 Firas Jamal (323)630-9555 Japan Inv, Inc Plan Review
4
Case Title/Description: Jefferson&Winchester Hotel Pre-App:A Pre-Application for the development of a
new 3-story, 68 room,41,563 sq.ft boutique hotel on 0.8 acres.The site is generally located at the northwest
corner of Winchester Road and 1-15.
PREAPP16-029 961-440-010 James Atkins 02/24/2016 Jess Gonzales (619)292-5520 Borchard Plan Review
8 Temecula
Case Title/Description: Pechanga Square Pre-app:A 18,570 square foot pre-application for a gas station,
four retail buildings, a convenience store and commercial facility located at Pechanga Parkway and Temecula
Parkway(APN: 961-440-010)
Page 11 of 11
Item No . 19
Approvals
City Attorney
Finance Director
City Manager (�
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jeffrey Kubel, Chief of Police
DATE: March 22, 2016
SUBJECT: Police Department Monthly Report
PREPARED BY: Joseph Greco, Sergeant
RECOMMENDATION: Receive and file.
The following report reflects the activity of the Temecula Police Department for the month of
February 2016.
PATROL SERVICES
Overall calls for police service 2,990
"Priority One" calls for service 53
Average response time for "Priority One" calls 6.41 Minutes
VOLUNTEERS
Volunteer administration hours 243
Special Events hours 2
Community Action Patrol (CAP) hours 761
Reserve officer hours (patrol) 62
Training hours 168
Total Volunteer hours 922
CRIME PREVENTION
Crime prevention workshops/Neighborhood watch meetings conducted 0/0
Safety presentations/Training 0/1
Special events 0
Residential/Business security surveys conducted 0/0
Businesses visited 0
Residences/Businesses visited for past crime follow-up 0/0
Station Tour 2
Planning Review Projects/Temp Outdoor Use Permits 6/1
Sq. Footage of Graffiti Removed 3,170
OLD TOWN STOREFRONT
Total customers served 215
Sets of fingerprints taken 54
Police reports filed 11
Citations signed off 28
Total receipts $2,277
SPECIAL TEAMS (POP/ SET)
On sight felony arrests 8
On sight misdemeanor arrests 26
Felony arrest warrants served 3
Misdemeanor arrest warrants served 12
Follow-up investigations 24
Parole/Probation Searches 2/15
Pedestrian Checks 46
Traffic Stops/Vehicle Checks 74
Crime Free Housing Checks 78
TRAFFIC
Citations issued for hazardous violations 1031
Grant funded D.U.I. /Traffic safety checkpoints 0
Grant funded traffic click it or ticket 1
D.U.I. Arrests 17
Non-hazardous citations 333
Stop Light Abuse/Intersection Program (S.L.A.P.) citations 159
Neighborhood Enforcement Team (N.E.T.) citations 136
Parking citations 150
School Zone 68
Seatbelts 45
Cell Phone Cites 51
Injury collisions 32
INVESTIGATIONS
Beginning Caseload 189
Total Cases Assigned 66
Total Cases Closed 37
Search Warrants Served 6
Arrests 2
Out of Custody Filings 2
PROMENADE MALL TEAM
Calls for service 519
Felony arrest/filings 0
Misdemeanor arrest/filings 24
Traffic Citations 3
Fingerprints/Livescans 233
Total receipts $8,455
SCHOOL RESOURCE OFFICERS
Felony arrests 5
Misdemeanor arrests 12
Reports 25
Youth counseled 181
Meetings 101
Item No . 20
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: March 22, 2016
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the Public Works Department Monthly Report for
Capital Improvement Projects, Maintenance Projects, and Land Development Projects.
City ®f 9emecula
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
MARCH 22, 2016
PROJECT NAME TOTAL
BRIEF DESCRIPTION PROJECT ESTIMATED/CURRENT MILESTONES
COST
CAPITAL IMPROVEMENT PROJECTS
CIRCULATION PROJECTS
Citywide Slurry Seal for Arterial Streets $658,750 • City Council approved the solicitation of
Slurry arterial streets (Winchester, Jefferson, and construction bids at the January 12, 2016meeting
Temecula Parkway) with the goal to prolong their
useful life and avoid much more costly roadway •Anticipate soliciting construction bids in
rehabilitation measures March 2016
Interstate-15 / State Route 79 South $50,646,123 • Processing project approvals through
Ultimate Interchange, PW04-08 Caltrans
Construction of ramp system that will improve •Anticipate soliciting construction bids in late
access to Interstate 15 from Temecula Parkway/ summer of 2016
State Route 79 South
Pechanga Parkway Widening, PW15-14 $5,000,000 • Responses to Request for Proposals (RFP)
Widening of Pechanga Parkway between Via for engineering design services and
Gilberto to North Casino Drive environmental document received on
February 25, 2016
• Responses to the RFP are currently being
reviewed
Winchester Road at Roripaugh Ranch $92,000 • City Council approved the solicitation of
Road Signal construction bids at the January 12, 2016
Provides for the design and construction of meeting
modifications by providing designated left run
movements from Roripaugh Road onto
Winchester Road
INFRASTRUCTURE PROJECTS
Old Town Front Street Pavement and $770,000 • Construction Contract awarded to DDH
Storm Drain Rehabilitation, PW12-14 Apple Valley Construction, Inc. at the
Replacement of the cross gutter at the south end March 8, 2016 City Council Meeting
of Old Town Front Street with underground •Anticipate construction will begin in April
pipes; rehabilitate Old Town Front Street from 2016
Temecula Parkway to First Street
City ®f 9emecula
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
MARCH 22, 2016
PROJECT NAME TOTAL
BRIEF DESCRIPTION PROJECT ESTIMATED/CURRENT MILESTONES
COST
CAPITAL IMPROVEMENT PROJECTS (continued)
INFRASTRUCTURE PROJECTS (continued)
Temecula Park and Ride, PW06-09 $2,764,093 • Construction Contract awarded to Aghapy
Design and construction of a park and ride facility Group, Inc. at the February 23, 2016 City
Council Meeting
in the vicinity of Temecula Parkway and La Paz
Street •Anticipate construction will begin in March
2016
PARKS & RECREATION PROJECTS:
Sam Hicks Monument Park Playground $648,888 • Notice to Proceed with Design and
Enhancement, PW12-20 Fabrication was issued on June 9, 2015
Design and construct a new innovative play area • Design plans (90%) have been reviewed
to replace the existing equipment and comments were provided to the
designer
•An agreement for construction will be
executed at a later date
PROJECT NAME TOTAL
BRIEF DESCRIPTION PROJECT ESTIMATED /CURRENT MILESTONES
COST
MAINTENANCE PROJECTS
Playground Equipment Enhancement and $275,000 • Priority list and replacement program being
Safety Surfacing prepared
Replace aging play structures and associated
safety surfacing
Temecula Valley Museum $11,000 • Anticipated completion date by June 2016
Replace all leaking dual glazed windows with UV
blocking glass
City ®f 9emecula
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
MARCH 22, 2016
PROJECT NAME ESTIMATED/CURRENT MILESTONES
BRIEF DESCRIPTION
LAND DEVELOPMENT PROJECTS
DePortola Professional Building . Sewer tie in submittal back to EMWD for the fourth
Located at the corner of DePortola Road and Margarita time due to existing utility conflicts
Road
Murrieta Creek Restoration Project . Creek restoration has been suspended until after
Army Corps of Engineers and Riverside County Flood the rainy season
Control and Water Conservation District
Old Town Sewer Project . Sewer pipe installation is complete
EMWD project located at located at Front Street and . Pavement and sidewalk restoration to be
Moreno Road to First Street performed mid- March through early April, 2016
Single Oak and Business Park Dr. . Re-aligned handicap ramps are under construction
at this location
• Expect narrow travel lanes during and after
construction
Terracina . The sewer main segment along Deer Hollow
Standard Pacific Housing Development in County between Peach Tree Street and Peppercorn Drive
is complete
• Anticipate the sewer main segment between
Pechanga Parkway and Peachtree Street will be
constructed during the summer of 2016
REQUESTS TO SPEAK
City Council Meeting 03/22/16
REQUEST TO SPEAK
CITY OF TEMECULA
19fl9
Date:
I wish to speak on:
i
Public Comment CITY COUNCIL/CSD / SARDA/THA/TPFA(Circle One)
ubject:
E] Agenda Item No. For F-1 Against El
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk Rrjor 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 t cord.
Name:
Address:
If you are representing an organization
up, please give e narrae�
V
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
a
CITY OF TEMECULA
Date:
I wish to speak on:
Publ' ment CITY COUNCIL CSD/SARDA/THA/TPFA (Circle One)
Subject: 4A6g4,1iZ 66ML
❑ Agenda Item No. For 0 Against M
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: Oaa-�-r1' l/ 7y'95
lc
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
01989 CITY OF TEMECULA
d1�J
Date: / 2�;2
I wish to speak on: 2"111111
�P_uuWi Comment CITY COUNCIL/ CSD //SSARDA/THA/TPFA (Circle One)
Subject:
Agenda Item No. For F-1 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 t e record/
Name:
Address: Phone Number:�
If you are representing an organization orup, 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
1989
Date:
I wish to speak on:
Public Comment CITY COU CIL/CSD /SARDA/THA/TP (Circle One)
Subject: — 9
❑ Agenda Item No. For ❑ Against ❑
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: `�
Address: �� Phone Number: �� ✓
If you are representing an organization or group, please give the name:
h � D7\j
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
1989
I wish to speak on. Date: o
Public CommeCITY COUN L/CSD / SARDA/THA/TPFA(Circle One)
Subject:
El Agenda Item No. For ❑ Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium ar tate your name for t e record.
Name: //7/ � �
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
O1989
Date:
I wish to speak on:
Public Comment CITY COUNCIL/ CSD/SARDA/THA/TPFA(Circle One)
Subject:
❑ Agenda Item No. For ❑ Against ❑
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and tie your name fort recordl.�
Name: b //d /.
Address: � /� �,. Phone Number:
If you are representing an organization or gro , please give the name:
(Ni ��
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.