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050917 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 9, 2017 — 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. No Closed Session Next in Order: Ordinance: 17-02 Resolution: 17-25 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Leah Arban Invocation: Lead Pastor Demetric Felton Sr. of Beyond the Walls Church Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation to Alice Sullivan Riverside County 3rd District Woman of the Year Presentation of National Public Works Week Proclamation Presentation of May is Bike Month Proclamation Presentation of Certificate of Recognition to Rick Wessels, Owner of The Bike Shop 1 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 April 25, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 25, 2017. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approve the City Treasurer's Report as of March 31, 2017 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of March 31, 2017. 5 Approve the Purchase of Getac T800 Mini Rugged Tablets with Golden Star Technology, Inc. for the Temecula Police Department RECOMMENDATION: 5.1 That the City Council approve the purchase of Getac T800 Mini Rugged Tablets with Golden Star Technology, Inc., in the amount of $68,764.76, for the Temecula Police Department. 6 Approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2017 Temecula Valley Balloon and Wine Festival (At the Request of Economic Development Committee Members Comerchero and Edwards) 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 $27,000 cash, in-kind promotional services and the use of the conference center for two volunteer training days valued at $3,865, and the use of traffic control devices valued at $3,200 for the 2017 Temecula Valley Balloon & Wine Festival being held June 2 — 4, 2017. 7 Approve the First Amendment to the Agreement for Contractor Services with St. Francis Electric, LLC for On -Call Traffic Signal Maintenance Services RECOMMENDATION: 7.1 That the City Council approve the First Amendment to the Agreement for Contractor Services with St. Francis Electric, LLC, in the amount of $50,000, for On -Call Traffic Signal Maintenance Services. 8 Approve the Amendments to Annual Agreements for Fiscal Year 2017-18 for Routine Maintenance and Emergency Services for Various Operational Needs by the Department of Public Works, Maintenance Division RECOMMENDATION: 8.1 That the City Council approve the following Amendments to the Annual Agreements for Fiscal Year 2017-18, in the amounts stated below, for Routine Maintenance and Emergency Services for Various Operational Needs by the Department of Public Works, Maintenance Division, including repairs to the HVAC system, general contracting, elevators, roofing, plumbing, painting, fencing, tree trimming, street signs, and janitorial services: 3 ABM Building Services, LLC Sixth Amendment $200,000 All American Asphalt Third Amendment $50,000 Craftsmen Plumbing Heating & Cooling, Inc. Fourth Amendment $300,000 Main Street Signs Third Amendment $75,000 Moore Fence Company, Inc. Second Amendment $50,000 Pacific Hydroblasting, Inc. Second Amendment $100,000 ThyssenKrupp Elevator Corporation Third Amendment $45,000 VN Enterprises, Inc. Third Amendment $100,000 West Coast Arborists, Inc. First Amendment $400,000 Aztec Landscaping, Inc. dba Aztec Janitorial, Inc. First Amendment $105,000 9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15 RECOMMENDATION: 9.1 Accept the Improvements of the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15, 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 the Notice of Completion, if no liens have been filed. 10 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Temecula Children's Museum — Roof Rehabilitation, PW16-02 RECOMMENDATION: 10.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Temecula Children's Museum — Roof Rehabilitation, PW16-02; 10.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. ******************** 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 17-01 Resolution: CSD 17-02 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, 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 April 25, 2017 RECOMMENDATION: 11.1 That the Board of Directors approve the action minutes of April 25, 2017. 12 Approve Annual Agreements for Services for Various Community Services Department Events, Classes, Programs and Activities for Fiscal Year 2017-18 RECOMMENDATION: 12.1 That the Board of Directors approve the following annual agreements for services for various Community Services Department events, classes, programs and activities for Fiscal Year 2017-18: 5 BAMM Promotional Products, Inc. $40,000 Event/program promotional items Anthony J. Moramarco dba Bigfoot Graphics $50,000 Event/program services Nicholas Tierce $50,000 Graphic design and videography Timmy D' Productions, Inc. $80,000 Entertainment/technical services Valley Events, Inc. $50,000 Entertainment/event rentals CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May 23, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — No Meeting TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 13 Approve an Amendment to the Temecula Municipal Code Prohibiting All Commercial Marijuana Activity in the City and Amending Regulations Pertaining to Marijuana Cultivation Implementing Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act RECOMMENDATION: 13.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) 14 Conduct Public Hearing No. 1 Regarding the Transition from At -Large to By -District Elections and Adopt the Related Resolution of Intent and Resolution Establishing Criteria for Single Member Voting Districts RECOMMENDATION: 14.1 That the City Council conduct the first of four public hearings to receive public comments regarding the transition from at -large to by -district elections for members of the City Council and adopt the following resolutions: 7 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENT TO TRANSITION FROM AT -LARGE TO BY -DISTRICT ELECTIONS FOR MEMBERS OF CITY COUNCIL, OUTLINING SPECIFIC STEPS TO BE UNDERTAKEN TO FACILITATE THE TRANSITION AND ESTIMATING A TIME FRAME FOR ACTION PURSUANT TO ELECTIONS CODE SECTION 10010 14.2 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING CRITERIA FOR SINGLE -MEMBER VOTING DISTRICTS FOR THE ELECTION OF COUNCIL MEMBERS CITY COUNCIL BUSINESS 15 Approve a Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2017; Approve Compensation Plans for the Unrepresented Employees; Approve the City Council Health and Retirement Benefits; and Approve the Second Amendment to the City Manager's Employment Agreement RECOMMENDATION: 15.1 Approve the Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamster Public, Professional, and Medical Employee Union Local 911 effective July 1, 2017 through June 30, 2021; 15.2 Approve the Amended and Restated Management Compensation Plan; 15.3 Approve the Amended Salary Schedule to be effective July 1, 2017; 15.4 Approve the City Council Compensation, Health and Retirement Benefits; 15.5 Approve the Second Amendment to City Manager Employment Agreement; 15.6 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT BETWEEN THE CITY OF TEMECULA AND MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR CALPERS EMPLOYER CONTRIBUTION COST SHARING 8 BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, May 23, 2017, 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 — TemeculaCA.gov — 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—TemeculaCA.gov — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-6444. 9 PRESENTATIONS City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Alice Sullivan The City Council is proud to present this Certificate of Recognition to Alice Sullivan, President/CEO of the Temecula Valley Chamber of Commerce, for being named Riverside County 3rd District Woman of the Year. Alice began her career with the Temecula Valley Chamber of Commerce (TVCC) in 1989, has functioned in every capacity, and was named President/CEO in 1994. She was instrumental in launching several organizations, has served on several boards and committees, and has attended numerous business and non-profit events that impact Temecula and its surrounding areas. Alice's dedication to and involvement in many organizations in our community has led her to be selected for this distinguished recognition. We congratulate Alice on receiving this prestigious award and thank her for her commitment to enhancing the quality of life in our community. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of May, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk a. .�� . il F 4,,r,.. .__—_ is pug "" n�p�m�.P'`,,, The City of Temecula PROCLAMA TION WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support and understanding of an informed citizenry is vital to the efficient operation of public works systems and programs such as streets and highways, land development, storm water management, public buildings and grounds, parks, and infrastructure maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these services; and WHEREAS, the quality and effectiveness of these services, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of the public works personnel; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I, Maryann Edwards, on behalf of the City Council of the City of Temecula, hereby proclaim the week of May 21-27, 2017 to be "National Public Works Week" "Public Works Connects Us" in the City of Temecula, and encourage all citizens and civic organizations to acquaint themselves with the issues involved in providing public works services, and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this ninth day of May, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk Si Si , .sJ yryyyr ry �����0.R6R6R��I�Wi����G ` _ 1 F' � � t'!�� ��� maeaewm yyry M1—...: ..����, •wwwwaY man j: i����� ����t � ..,,p,p«�n,.,„a'P.:?!:'i:ll:� � u,¢p�a "` - �� •. l �� �AR �wwww. _ pp,, ,,pp 333 The City of Temecula PROCLAMATION WHEREAS, the bicycle is an economical, healthy, convenient, and environmentally sound form of transportation, and an excellent tool for recreation and enjoyment of Temecula's scenic beauty; and WHEREAS, throughout the month of May, the residents of Temecula and its visitors will experience the joys of bicycling through online educational programs, organized rides, bike trains, commuting events, or by simply getting out and going for a ride; and WHEREAS, Temecula's bike lane and trail system attracts bicyclists each year, providing economic health, transportation, tourism, and scenic benefits; and WHEREAS, creating a bicycle friendly community has been shown to improve citizens' health, well-being, and quality of life, growing the economy of Temecula, attracting tourism dollars, improving traffic safety, and reducing pollution and congestion; and WHEREAS, HikeBikeTemecula, The Bike Shop, Temecula Bicycle Coalition, Inland Empire Biking Alliance, Inland Valley Mountain Bike Association, League of American Bicyclists, and other local organizations and businesses will be promoting bicycling during the month of May 2017; and WHEREAS, these groups are also promoting bicycle tourism year round to attract more visitors to enjoy our local restaurants, hotels, retail establishments, cultural, and scenic attractions; and WHEREAS, these groups are also promoting greater public awareness of bicycle operation and safety education in an effort to reduce collisions, injuries, and fatalities, and improve health and safety for everyone on the road. NOW, THEREFORE, I, Maryann Edwards, on behalf of the City Council of the City of Temecula, hereby proclaim the month of May, 2017, to be "Bike Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this ninth day of May, 2017. Maryann Edwards, 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: The Bike Sho p The City Council is proud to present this Certificate of Recognition to The Bike Shop for your efforts to support the City's Bike Lane and Trail Program, and for consistently volunteering on Bike to Work Day. We appreciate Rick Wessels and his staff at The Bike Shop for their generous donation of two bikes to the City of Temecula employees and for promoting the health and wellnesss of the community. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of May, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk CITY COUNCIL CONSENT 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: May 9, 2017 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 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 25, 2017 — 7:00 PM 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 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. At 6:00 PM Mayor Edwards called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:04 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Nolan Kosmal Invocation: Chaplain Brad Inman of Calvary Chapel Bible Fellowship Flag Salute: John Hernandez ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation to Emma Storkersen, Distinguished Finalist of the Prudential Spirit of Community Awards Presentation of May is Mental Health Month Proclamation Presentation of National Travel & Tourism Week in Temecula Proclamation Presentation by WRCOG for Platinum Tier Level Achievement in the Western Riverside Energy Leadership Partnership Action Minutes 042517 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Cruz Bustamante • Paul Galindo • Richard Hartman • Tomas Villanueva • JJ Petchel • Steve Falk CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. 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 April 11, 2017 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 11, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 042517 2 4 Approve the Second Amendment to the Agreement with Ellison Wilson Advocacy, LLC for State Lobbying Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve the Second Amendment to the Agreement with Ellison Wilson Advocacy, LLC for state lobbying services. 5 Approve the Second Amendment to the Agreement with David Turch and Associates for Federal Lobbying Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council approve the Second Amendment to the Agreement with David Turch and Associates for federal lobbying services. 6 Approve a License Agreement with Rancho Community Reformed Church dba Community Mission of Hope for Pantry Operations (At the Request of the Human Services Ad Hoc Subcommittee Mayor Edwards and Council Member Stewart) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 6.1 That the City Council approve a one-year License Agreement with Rancho Community Reformed Church dba Community Mission of Hope, with the option to renew for two (2) additional one (1) year terms, for use of the Escalier House and Barn to provide immediate respite pantry operations for residents in need. 7 Approve the Sponsorship Agreement with JDS Creative Academy and Receive and File Temporary Street Closure for the 2017 Digifest (At the Request of the Economic Development Committee Mayor Edwards and Council Member Comerchero) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 7.1 That the City Council approve the Sponsorship Agreement with JDS Creative Academy for city -support costs, in the amount of $1,300 and in-kind promotional services of $11,415, and approve temporary street closures for the 2017 Digifest. Action Minutes 042517 3 8 Approve an Agreement with Inland Empire Property Services for Weed Abatement Services - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 That the City Council approve an Agreement with Inland Empire Property Services, in the amount of $40,000, for Weed Abatement Services. 9 Approve an Appropriation and Award a Construction Contract to Leonida Builders, Inc. for the Old Town Sidewalks Improvement Project, PW15-06 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 Approve an appropriation of $110,000 from Measure "A"; 9.2 Award a Construction Contract to Leonida Builders, Inc., in the amount of $265,150, for Old Town Sidewalks Improvement Project (east side of Old Town Front Street from the south leg of Moreno Road to the north leg of Moreno Road, and south side of Fifth Street from Old Town Front Street to Mercedes Street), PW15-06; 9.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $26,515, which is equal to 10% of the Contract amount; 9.4 Make a finding that Old Town Sidewalks Improvement Project, PW15-06, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Award a Construction Contract to American Asphalt South, Inc. for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 10.1 Award a Construction Contract to American Asphalt South, Inc. in the amount of $1,796,532.84, for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $179,653.28, which is equal to 10% of the Contract amount; 10.3 Make a finding that Pavement Rehabilitation Program — Residential Slurry Seal, PW 17-03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes 042517 4 11 Award a Construction Contract to Ortiz Enterprises, Inc. for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 11.1 Award a Construction Contract to Ortiz Enterprises, Inc., in the amount of $23,633,248.90, for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08; 11.2 Authorize the City Manager to approve change orders up to 10% of the Contract amount, $2,363,324.89; 11.3 Make a finding that the Interstate 15 / State Route 79 South Ultimate Interchange project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 12 Award a Construction Contract to All American Asphalt for the Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway), PW12-11 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 12.1 Award a Construction Contract to All American Asphalt, in the amount of $2,577,770, for the Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway), PW12-11; 12.2 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $257,777, which is equal to 10% of the Contract amount; 12.3 Make a finding that the Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway), is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Approve an Agreement with Miko Mountain Lion, Inc. for On -Call Excavation, Backfill, and Grading Maintenance Services for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 13.1 That the City Council approve an Agreement with Miko Mountain Lion, Inc., in the amount of $300,000, to provide On -Call Excavation, Backfill, and Grading Maintenance Services for Fiscal Year 2017-18. Action Minutes 042517 5 14 Approve an Agreement with Diversified Waterscapes, Inc. for Lake and Pond Maintenance Services for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 14.1 Approve an Agreement with Diversified Waterscapes, Inc., in the amount of $81,192, to provide Lake and Pond Maintenance Services for Fiscal Year 2017-18; 14.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $8,119.20, which is approximately 10% of the Agreement amount. 15 Approve the Purchase and Installation Agreement with G M Business Interiors dba Goforth & Marti for the Ronald H. Roberts Temecula Public Library Enhancement Project - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 15.1 Approve the Purchase and Installation Agreement with G M Business Interiors d/b/a Goforth & Marti, in the amount of $126,873.93, for the purchase and installation of furniture and repairs at the Ronald H. Roberts Temecula Pubic Library; 15.2 Authorize the City Manager to approve additional work not to exceed a 10% contingency amount of $12,687.39. 16 Approve an Agreement with Computer Service Company for the Purchase and Installation of Emergency Vehicle Pre-Emption Equipment — Citywide - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 16.1 That the City Council approve an Agreement with Computer Service Company in the amount of $196,455.19, for the purchase and installation of Emergency Vehicle Pre-Emption Equipment at forty-four intersections. 16.2 Appropriate $196,455.19 of Development Impact Fees — Police Facilities for this Agreement. Action Minutes 042517 6 17 Approve Parcel Map 36862 (Located at the Northwest Corner of Temecula Parkway and La Paz Street) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 17.1 Approve Parcel Map 36862 in conformance with the Conditions of Approval; 17.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor & Materials Bond as security for the Agreement; 17.3 Approve the Subdivision Monument Agreement and accept the cash deposit for Monumentation as security for the Agreement. RECESS At 7:55 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:00 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING The following individuals addressed the City Council on Item 20: • June Earley • Kim Goodnough 20 Approve Fiscal Year 2017-18 Community Development Block Grant (CDBG) Annual Action Plan and 2017-21 Five -Year Consolidated Plan - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 20.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIVE-YEAR CONSOLIDATED PLAN (2017-21) AND THE ANNUAL ACTION PLAN (2017-18) AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2017-18 Action Minutes 042517 7 CITY COUNCIL BUSINESS Skylar Tempel addressed the City Council on Item 23. 21 Approve an Agreement with California Sculpture Academy and Accept Donations from the Veterans of Foreign Wars Post 4089 for the Construction of a Memorial in Honor of Temecula's Fallen Heroes (At the Request of Military Ad Hoc Subcommittee Council Member Comerchero and Council Member Stewart) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 21.1 Approve an Agreement with California Sculpture Academy, in the amount of $33,984.38, for the construction of a Fallen Heroes Memorial in Honor of Temecula residents Killed In Action; 21.2 Accept a donation from the Veterans of Foreign Wars Post 4089 in the amount of $10,000; 21.3 Appropriate $33,984.38 from the General Fund for this agreement. 22 Update on the Senior Services Master Plan Process (At the Request of Mayor Pro Tem Rahn) — Receive and file. RECOMMENDATION: 22.1 That the City Council receive and file an update on the Senior Services Master Plan Process. 23 Receive Report Regarding the California Voting Rights Act, Authorize the City Attorney and City Clerk to Commence the Process of Transitioning from At -Large to By -District Elections and Approve Related Timeline - Approved Staff Recommendation (5-0) Council Member Rahn made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 23.1 That the City Council receive a report regarding the California Voting Rights Act, authorize the City Attorney and City Clerk to commence the process of transitioning from at -large to by -district elections and approve the related timeline. Action Minutes 042517 8 DEPARTMENTAL REPORTS 24 Community Development Department Monthly Report 25 Fire Department Monthly Report 26 Police Department Monthly Report 27 Public Works Department Monthly Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions in regards to the Closed Session item. ADJOURNMENT At 8:51 PM, the City Council meeting was formally adjourned to Tuesday, May 9, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 042517 9 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: May 9, 2017 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 17- 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. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $3,299,401.98. 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 9th day of May, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of May, 2017, 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 04/13/2017 TOTAL CHECK RUN: $ 492,574.32 04/20/2017 TOTAL CHECK RUN: 2,410,954.09 04/20/2017 TOTAL PAYROLL RUN: 395,873.57 TOTAL LIST OF DEMANDS FOR 05/09/2017 COUNCIL MEETING: $ 3,299,401.98 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 100 STATE GAS TAX FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 135 BUSINESS INCUBATOR RESOURCE 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B STREET LIGHTS 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 300 INSURANCE FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD 16-01 RORIPAUGH PHASE II 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON $ 2,383,630.77 62,605.60 3,294.34 1,023.04 2,992.84 1,615.85 40,413.00 142,155.28 73,371.67 1,152.06 6,582.47 55,705.12 38,611.27 1,531.25 29,071.63 3,221.23 35,089.05 351.00 2,268.00 275.81 96.16 880.25 29.75 1,438.34 34.56 63.57 583.22 25.70 28.84 27.69 500.75 926.49 82.02 31.27 119.24 26.40 282.81 5,900.31 879.71 1,362.68 28.27 110.00 478.97 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 45.79 215.08 28.70 4,288.22 52.34 001 GENERAL FUND $ 247,711.58 135 BUSINESS INCUBATOR RESOURCE 1,692.30 140 COMMUNITY DEV BLOCK GRANT 400.58 165 AFFORDABLE HOUSING 2,911.57 190 TEMECULA COMMUNITY SERVICES DISTRICT 98,890.40 192 TCSD SERVICE LEVEL B STREET LIGHTS 241.35 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,197.94 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 124.85 197 TEMECULA LIBRARY FUND 950.57 300 INSURANCE FUND 1,844.57 320 INFORMATION TECHNOLOGY 21,022.30 330 SUPPORT SERVICES 3,022.98 340 FACILITIES 13,794.08 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 39.35 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 26.17 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 31.11 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 5.48 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 63.68 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 11.31 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 16.04 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 108.37 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.78 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4.65 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.74 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 72.10 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 15.17 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 8.56 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 7.43 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 17.81 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.21 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 66.73 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 35.64 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 97.06 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 164.57 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.59 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 3.97 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 92.37 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 29.62 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.89 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 3.97 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 136.39 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 1.74 $ 2,903,528.41 395,873.57 TOTAL BY FUND: $ 3,299,401.98 apChkLst 04/13/2017 10:59:21 A M Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3302 04/11/2017 000621 WESTERN RIVERSIDE COUNCIL OF 182260 04/13/2017 016764 ABM BUILDING SERVICES, LLC 182261 04/13/2017 019075 ADORAMA INC 182262 04/13/2017 015217 AIRGAS, INC. 182263 04/13/2017 009374 ALLEGRO MUSICAL VENTURES 182264 04/13/2017 009787 ALTEC INDUSTRIES INC 182265 04/13/2017 013015 ALWAYS RELIABLE BACKFLOW 182266 04/13/2017 007282 AMAZON.COM, INC 182267 04/13/2017 004240 AMERICAN FORENSIC NURSES (AFN) 182268 04/13/2017 000747 AMERICAN PLANNING ASSOCIATION 182269 04/13/2017 000936 AMERICAN RED CROSS 182270 04/13/2017 011304 AMEZCUA, MICHELLE 182271 04/13/2017 000101 APPLE ONE INC 182272 04/13/2017 004307 ARCH CHEMICALS, INC. Description MAR 2017 TUMF PAYMENT DEHUMIDIFIER REPAIR:CIVIC CTR MISCA/V SUPPLIES:PEG EQUIP MISCA/V SUPPLIES:PEG EQUIPMENT DRY ICE EXPERIMENTS:PENNYPICKLES PIANO TUNING & MAINT: THEATER VEH REPAIR & MAINT SVCS:PW TRAFFIC BACKFLOW TESTS: SOUTH SLOPES 7/1-6/30/17 DESK LAMP:PLANNING DEPT MISC OFFICE SUPPLIES:B&S MISC SUPPLIES:PREVENTION MISC TOOLS & SUPPLIES:PREVENTION GROW SYMPOSIUM SUPPLIES:ECO DEN) SUPPLIES:CRC TEEN ZONE MISC TOOLS & SUPPLIES:PREVENTION DUI DRUG SCREENINGS:POLICE MAY 17 STANDBY FEE:POLICE DUI DRUG SCREENINGS:POLICE MEMBERSHIP RENEWAL: 4/1/17 - 3/31 /18 CERTIFICATIONS CARDS:AQUATICS FIRE INSPECTOR 1A & 1B CLASS MAR TEMP STAFF SVC:CITY CLERK water quality maint:hary lake park— Amount Paid Check Total 194,746.85 2,848.00 59.95 544.00 18.80 185.00 1,393.63 1,728.00 27.63 50.49 -17.23 71.86 68.55 107.56 55.44 84.76 1,248.00 635.70 440.00 745.00 148.71 1,900.08 194,746.85 2,848.00 603.95 18.80 185.00 1,393.63 1,728.00 364.30 1,968.46 440.00 745.00 148.71 1,900.08 3,900.00 3,900.00 Pagel apChkLst 04/13/2017 10:59:21 A M Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor 182273 04/13/2017 018941 AZTEC LANDSCAPING, INC. 182274 04/13/2017 010350 BANNER MATTRESS, INC. 182275 04/13/2017 005716 BIRTH CHOICE OF TEMECULA INC 182276 04/13/2017 014284 BLAKELY'S TRUCK SERVICE 182277 04/13/2017 015834 BOYER, WAYNE E. 182278 04/13/2017 009640 CERTIFION CORPORATION 182279 04/13/2017 016776 CJG CARLSON CORPORATION 182280 04/13/2017 012627 CLEAR IMAGE ENTERPRISES INC 182281 04/13/2017 017429 COBRA ADVANTAGE INC., DBA: FLEX ADVANTAGE 182282 04/13/2017 002945 CONSOLIDATED ELECTRICAL DIST. 182283 04/13/2017 014521 COSTAR GROUP INFORMATION, INC 182284 04/13/2017 004329 COSTCO TEMECULA #491 182285 04/13/2017 002631 COUNTS UNLIMITED INC 182286 04/13/2017 017542 COX, KRISTI LYN Description POWERWASHI NG SVCS:VAR RESTRMS MAR 17 RESTRM MAINT SVCS:VAR PARK MATTRESSES:FIRE STN #92 REGISTRATION: STARS ANNUAL GALA 4/22 EQUIP &VEH REPAIRS: MAI NT EQUIP & VEH REPAIRS: EQUIP & VEH REPAIRS: EQUIP & VEH REPAIRS: EQUIP & VEH REPAIRS: EQUIP & VEH REPAIRS: EQUIP & VEH REPAIRS: PW STREET PW STREET MAI PW STREET MAI PW STREET MAI PW STREET MAI PW STREET MAI PW STREET MAI TRAFFIC UNIFORMS: TEM POLICE MAR ONLINE DATABASE SUBSCRIP.PD RFSHMNTS: EVERY 15 PROGRAM WINDOW CLEANING SRVCS: LIBRARY MAR 17 FLEX PROCESSING FEES ELECTRICAL SUPPLIES: LIBRARY APR WEB SUBSCRIPTION:ECO DEV SUPPLIES:HUMAN SVCS PRGRM EVENT SUPPLIES:HUMAN SVCS PRGRM EVENT Traffic count data collection: pw Traffic count data collection: pw TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 989.92 6,149.18 3,341.80 80.00 152.08 31.61 136.00 215.31 96.00 80.00 235.40 266.66 150.00 95.86 1,280.00 166.50 436.39 433.67 333.07 273.77 825.00 3,300.00 604.80 369.60 436.80 235.20 7,139.10 3,341.80 80.00 946.40 266.66 150.00 95.86 1,280.00 166.50 436.39 433.67 606.84 4,125.00 1,646.40 Page2 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182287 04/13/2017 010650 CRAFTSMEN PLUMBING & REPAIR LAMINATE: TPL 3,185.00 HVAC INC facility imprvmnts & rehab: crc:library 1,996.00 5,181.00 182288 04/13/2017 008810 CROSSTOWN ELECTRICAL & Traffic equip maint & repair srvcs: pw 765.00 DATA Traffic equip maint & repair srvcs: pw 1,275.00 2,040.00 182289 04/13/2017 019687 DELRIO, LINDA REFRESHMENTS:CHAPELOF 460.00 460.00 MEMORIES 100 182290 04/13/2017 003945 DIAMOND ENVIRONMENTAL SRVCS 182291 04/13/2017 004192 DOWNS ENERGY FUEL& LUBRICANTS 182292 04/13/2017 007319 EAGLE ROAD SERVICE & TIRE INC PORTABLE RESTROOMS: VAIL RANCH PARK PORTABLE RESTROOMS: RIVERTON PAI PORTABLE RESTROOMS: LA SERENA W, PORTABLE RESTROOMS: LONG CANYOI 55.86 55.86 55.86 55.86 223.44 FUEL FOR CITY VEHICLES: PUBLIC 238.55 WORKS FUEL FOR CITY VEHICLES: TRAFFIC DIV 212.22 FUEL FOR CITY VEHICLES: NPDES 115.07 FUEL FOR CITY VEHICLES: TCSD 31.45 FUEL FOR CITY VEHICLES: TCSD 570.78 FUEL FOR CITY VEHICLES: POLICE DEP' 44.06 FUEL FOR CITY VEHICLES: PUBLIC WOF 889.50 FUEL FOR CITY VEHICLES: PUBLIC WOF 914.36 FUEL FOR CITY VEHICLES: BLDG DEPT 245.42 FUEL FOR CITY VEHICLES: CODE ENF 176.78 3,438.19 veh & equip tire srvc: pw street maint 622.75 622.75 182293 04/13/2017 004829 ELLISON WILSON ADVOCACY APR 17 STATE LOBBYING SVCS 3,500.00 LLC REIMB: ELLISON WILSON ADVOCACY 719.54 4,219.54 182294 04/13/2017 011202 EMH SPORTS USA, INC TCSD INSTRUCTOR EARNINGS 455.00 455.00 182295 04/13/2017 009953 FEDERAL CLEANING APR 17 JANITORIAL SRVCS:POLICE 922.50 922.50 CONTRACTORS MALL OFC 182296 04/13/2017 000165 FEDERAL EXPRESS INC 182297 04/13/2017 003747 FINE ARTS NETWORK 182298 04/13/2017 008784 FIRE ENGINEERING 182299 04/13/2017 011145 FOSTER, JILL CHRISTINE 3/15 EXP. MAIL SVCS: CIP 7.50 3/22-3/23 EXP MAIL SVCS: CIP/CC/POLIC 206.04 213.54 STTLMNT: A CHORUS LINE 3/24-4/9 29,390.59 29,390.59 FIRE MAGAZINE SUBSCRIPTION: 1YR 39.00 39.00 TCSD INSTRUCTOR EARNINGS 2,425.50 2,425.50 Page :3 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description 182300 04/13/2017 002982 FRANCHISE TAX BOARD JAN -MAR 330383649 2016 FORM 592 Amount Paid Check Total 822.50 822.50 182301 04/13/2017 014865 FREIZE UHLER, KIMBERLY UNIFORMS/EMBROIDERY:B&S 262.50 262.50 182302 04/13/2017 018858 FRONTIER CALIFORNIA, INC. MAR INTERNET SVCS:SKATE PARK 39.95 MAR INTERNET SVCS:LIBRARY 11.11 MAR INTERNET SVCS:LIBRARY 11.11 MAR INTERNET SVCS:FIRE STN #95 119.53 182303 04/13/2017 009097 FULL COMPASS SYSTEMS 182304 04/13/2017 007866 GCS SUPPLIES INC SOUND/LIGHTING & MISC SUPPLIES: 34.65 THEATER SOUND/LIGHTING & MISC SUPPLIES: TH 2,158.45 COMPUTER SUPPLIES: OEM TONER 1,008.54 181.70 2,193.10 1,008.54 182305 04/13/2017 019781 GISI, CASSANDRA REIMB: OFFICE CHAIR FOR TCC 184.86 184.86 182306 04/13/2017 000177 GLENNIES OFFICE PRODUCTS INC 182307 04/13/2017 000186 HANKS HARDWARE INC 182308 04/13/2017 019596 HAYNEEDLE, INC. MAR 17 MISC OFC SUPPLIES: PREVENTION MAR 17 MISC OFC SUPPLIES: FINANCE MAR 17 MAINT SUPPLIES: VAR FACILITIES MAR 17 MISC SMALL TOOLS & EQUIP: P1 MAR 17 MAINT SUPPLIES: VARIOUS PAR MAR 17 MAINTE SUPPLIES: AQUATICS & MAR 17 MAINT. SUPPLIES: OLD TOWN MAR 17 MAINT SUPPLIES: TVM MAR 17 MAINT. SUPPLIES: PUBLIWWOR MAR 17 MAINT SUPPLIES: THEATER MAR 17 MAINT SUPPLIES: TCC MAR 17 MAINT SUPPLIES: CHILDREN'S IN MAR 17 HARDWARE SUPPLIES: VAR FIR MAR 17 MAINT. SUPPLIES: LIBRARY MAR 17 MAINT. SUPPLIES: MF & CC SCIENCE PLAY TABLES/CHAIRS:IWTCM SCIENCE PLAY TABLES/CHAIRS:IWTCM SCIENCE PLAY TABLES/CHAIRS:IWTCM SCIENCE PLAY TABLES/CHAIRS:IWTCM SCIENCE PLAY TABLES/CHAIRS:IWTCM SCIENCE PLAY TABLES/CHAIRS:IWTCM 182309 04/13/2017 002109 HD SUPPLY CONSTR. SUPPLY MISC SUPPLIES:PW STREET MAINT LTD DIV 182310 04/13/2017 013749 HELIXSTORM INC. IT INFRASTRUCTURE SUPPORT:INFO TECH 97.81 46.31 144.12 850.95 174.25 1,881.05 180.44 55.02 174.94 167.44 94.22 44.49 348.47 723.18 65.83 120.64 113.18 263.97 262.92 140.05 38.55 229.55 168.06 4,880.92 1,048.22 168.06 168.75 168.75 Page4 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description 182311 04/13/2017 010210 HOME DEPOT SUPPLY INC, MAINT SUPPLIES: CONFERENCE THE CENTER 182312 04/13/2017 003198 HOME DEPOT, THE SMALL TOOLS & EQUIP: CIVIC CENTER MAINT SUPPLIES: VARIOUS PARKS MISC MAI NT SUPPLIES: THEATER Amount Paid Check Total 132.43 132.43 1,115.72 237.52 150.96 1,504.20 182313 04/13/2017 001407 INTER VALLEY POOL SUPPLY POOL SANITIZING CHEMICALS: VAR 446.09 INC POOLS POOL SANITIZING CHEMICALS: VAR PO( 512.35 182314 04/13/2017 019780 JOHNSON, APRIL REFUND:RETURNED LOST 14.99 MATERIALS:LIBRARY 958.44 14.99 182315 04/13/2017 017118 KRACH, BREE B. AWARDS/TROPHIES: WALL OF HONOR 16.16 16.16 PLATE 182316 04/13/2017 004062 KUSTOM SIGNALS INC PURCHASE LI DAR GUN: PW TRAFFIC 2,683.57 2,683.57 182317 04/13/2017 014432 LANAIR GROUP, LLC DESK PHONES:INFO TECH 3,556.07 3,556.07 182318 04/13/2017 013982 MCI COMM SERVICE MAR XXX -0714 GEN USAGE:PD MALL 34.72 34.72 ALARM 182319 04/13/2017 003782 MAIN STREET SIGNS signs and supplies:pw street maint div 1,772.03 1,772.03 182320 04/13/2017 004141 MAINTEX INC CUSTODIAL SUPPLIES: PARK SITES 598.02 598.02 182321 04/13/2017 004803 MAPLOGIC CORPORATION MAP LAYOUT MGR SFTWR RENEWAL: 625.00 625.00 EXP 4/23/1 182322 04/13/2017 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SFTWR MAINT RENEWAL: 8,500.00 EXP 3/31/18 TRAFFIC SIGNAL EQUIP: PW TRAFFIC 879.24 182323 04/13/2017 018675 MDG ASSOCIATES, INC. FEB 17 CDBGADMIN SVCS 2,752.50 182324 04/13/2017 015955 METRO FIRE & SAFETY, INC. KITCHEN HOOD INSPECTIONS: CRC KITCHEN HOOD INSPECTIONS: MPSC KITCHEN HOOD INSPECTIONS: PB SPOF 182325 04/13/2017 018314 MICHAEL BAKER INT'L INC. 12/1-2/26/17 ENG SVCS: PW04-08 205.00 205.00 205.00 9,379.24 2,752.50 615.00 3,664.16 3,664.16 182326 04/13/2017 004043 MISSION ELECTRIC SUPPLY, ELECTRICAL SUPPLIES:SENIOR 97.55 97.55 INC CENTER Pages apChkLst 04/13/2017 10:59:21 A M Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 182327 04/13/2017 017956 MONOPRICE INC. 182328 04/13/2017 004040 MORAMARCO, ANTHONY J. 182329 04/13/2017 017089 MORRIS-HOPKINS, BROOKE 182330 04/13/2017 019733 MULLEN COUGHLIN, LLC 182331 04/13/2017 019019 MUSIC CONNECTION LLC 182332 04/13/2017 019019 MUSIC CONNECTION LLC 182333 04/13/2017 017861 MYTHOS TECHNOLOGY INC 182334 04/13/2017 019440 NEOPOST USA, INC. 182335 04/13/2017 001323 NESTLE WATERS NORTH AMERICA 182336 04/13/2017 003964 OFFICE DEPOT BUSINESS SVS DIV 182337 04/13/2017 002105 OLD TOWN TIRE & SERVICE 182338 04/13/2017 002105 OLD TOWN TIRE & SERVICE Description MISC SMALL TOOLS:IT HELP DESK TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS LEGAL SVCS RENDERED PERF: CHAPEL OF MEMORIES ANNIVERSARY EVE STTLMNT: SPEAKEASY AT THE MERC 4/8/17 APR 17 IT MONITORING SRVCS: TVE2 POSTAGE METER INK CARTRIDGES:CENTRAL SVC 2/23-3/22/17 DRINKING WATER: OTTT 2/23-3/22/17 DRINKING WATER: IWTCM 2/23-3/22/17 DRINKING WATER: LIBRARY 2/23-3/22 DRINKING WATER:TES POOL 2/23-3/22 WATER DLVRY SVCS:SKATE PP 2/23-3/22 WATER DLVRY SVCS:PBSP 2/23-3/22/17 DRINKING WATER: TVM 2/23-3/22/17 DRINKING WATER: TCC 2/23-3/22/17 DRINKING WATER: CRC 2/23-3/22/17 DRINKING WATER: FOC OFFICE SUPPLIES: HR MISC OFFICE SUPPLIES: FINANCE VEH & EQUIP REPAIRS:PW STREET MAI NT VEHICLE REPAIR & MAINT: PW TRAFFIC VEH REPAIR & MAINT:B&S DEPT 182339 04/13/2017 010338 POOL & ELECTRICAL POOL SUPPLI ES & CHEMICALS:VAR PRODUCTS INC POOLS Amount Paid Check Total 83.27 2,915.50 409.50 504.00 315.00 157.50 1,095.50 1,350.00 235.20 100.00 523.32 37.53 31.94 81.14 6.45 6.45 50.78 21.19 19.03 107.13 110.34 13.02 33.36 87.90 1,767.01 152.50 83.27 2,915.50 1,386.00 1,095.50 1,350.00 235.20 100.00 523.32 471.98 46.38 1,854.91 152.50 264.76 264.76 Pages apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description 182340 04/13/2017 019777 PROTEA SENIOR LIVING REFUND:ENG GRAD DEP:LD15-2880 182341 04/13/2017 019510 REALITY RALLY INC. REFUND:SEC DEP:RM RENTAL:CONT CTR A/B 182342 04/13/2017 019712 RED HELMET TRAINING NEW FIRE INSPECTOR TRNG:AMEZCUA, M. 182343 04/13/2017 000353 RIVERSIDE CO AUDITOR FEB '17 PRKG CITATION ASSESSMENTS 182344 04/13/2017 000406 RIVERSIDE CO SHERIFFS 1/1-2/28/17 LAW ENFORCEMENT DEPT 182345 04/13/2017 014311 RMSJ, INC. PURCH PUMP MOTOR:MARG SPLASH PAD 182346 04/13/2017 010897 RUBIO'S RESTAURANTS INC REFRESHMENTS:EVERY 15 MIN PGRM 2017 182347 04/13/2017 000277 S & S ARTS & CRAFTS INC SUPPLIES:DAY CAMP 182348 04/13/2017 017699 SARNOWSKI, SHAWNA, M PHOTOGRAPHY:HUMAN SVCS:LIGHT PRESTON IT UP BLUE 182349 04/13/2017 009213 SHERRY BERRY MUSIC SETTLEMENT:JAZZATTHE MERC 4/6 336.00 336.00 Amount Paid Check Total 61,500.00 61,500.00 150.00 150.00 480.00 480.00 4,438.50 4,438.50 208.16 208.16 530.08 530.08 746.71 746.71 848.67 848.67 150.00 150.00 182350 04/13/2017 018784 SKYTECH MEDIA SOLUTIONS AV PRODUCTION EQUIP:INFO TECH INC 2,690.39 2,690.39 Page:7 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 182351 04/13/2017 000537 SO CALIF EDISON 182352 04/13/2017 000519 SOUTH COUNTY PEST CONTROL INC 182353 04/13/2017 012652 SOUTHERN CALIFORNIA 182354 04/13/2017 005786 SPRINT Description MAR 2-31-536-3226:28690 MERCEDES ST MAR 2-00-397-5042:43200 BUS PARK DR MAR 2-02-502-8077:43210 BUS PARK DR MAR 2-28-629-0507:30600 PAUBA RD MAR 2-29-953-8082:31523 WOLF VLY RD MAR 2-29-657-2332:45538 REDWOOD RD MAR 2-29-953-8447:31738 WOLF VLY RD MAR 2-30-220-8749:45850 N WOLF CREE MAR 2-00-397-5067:TCSD SVC LEV C MAR 2-29-953-8249:46497 WOLF CREEK MAR 2-30-520-4414:32781 TEM PKWY LS: MAR 2-29-295-3510:32211 WOLF VLY RD MAR 2-31-404-6020:28771 OT FRONT ST MAR 2-29-657-2563:42902 BUTTERFIELD MAR 2-29-223-8607:42035 2ND ST PED MAR 2-35-707-0010:33451 S HVVY-79 PED MAR 2-31-936-3511:46488 PECHANGA PK Amount Paid Check Total 1,488.63 2,794.64 308.71 5,773.64 26.37 23.35 22.53 367.75 2,117.27 25.41 1,047.61 902.09 1,107.68 187.55 599.74 24.30 46.85 16,864.12 PEST CONTROL SVCS:VAR FACILITIES 822.00 822.00 APR GEN USAGE:0141,0839,2593,9306 564.33 564.33 FEB 26 - MAR 25 CELLULAR 4,753.08 4,753.08 USAGE/EQUIP 182355 04/13/2017 019250 ST. FRANCIS ELECTRIC, LLC FEB ON-CALL TRAFFIC SGNL MAINT 2,145.72 SRVCS: PW TRAF SGNL MAI NT SRVCS:PECH PKWY/ 3,570.10 182356 04/13/2017 003677 TEMECULA MOTORSPORTS MOTORCYCLE REPAIR/MAINT:POLICE 616.60 LLC MOTORCYCLE REPAIR/MAINT:POLICE 79.61 182357 04/13/2017 009194 TEMECULA VALLEY NEWS ADVERTISING:TEMECULA PRESENTS 515.52 5,715.82 696.21 515.52 182358 04/13/2017 019779 THE CAJON DIVISION REFUND:SEC DEP:RM RENTAL:MPSC 200.00 200.00 182359 04/13/2017 019737 THE VEST GUY LLC, ROBERT SAFETY VESTS FOR SHSP GRANT 2,967.42 2,967.42 DAUGHERTY 182360 04/13/2017 003862 THYSSENKRUPP ELEVATOR MAINT SVCS:VARIOUS 5,049.00 5,049.00 ELEVATOR.BRNCH 37 FACILITIES 182361 04/13/2017 016311 TIERCE, NICHOLAS GRAPHIC DESIGN 2,925.00 2,925.00 SERVICES:THEATER Page:8 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182362 04/13/2017 010276 TIME WARNER CABLE APR HIGH SPEED INTERNET:COAX 32.41 32.41 182363 04/13/2017 019778 TROYER, MIKE REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 182364 04/13/2017 019774 TURLEY-TREJO, LANAE PLNG COMMISSIONERS ACADEMY 204.81 204.81 3/1-2 182365 04/13/2017 017579 U.S. HEALTHWORKS MEDICAL PRE EMPLOY DRUG SCREENINGS:HR 86.00 86.00 182366 04/13/2017 007766 UNDERGROUND SERVICE Underground utility locator alerts: pw ALERT 182367 04/13/2017 002110 UNITED RENTALS NORTH AMERICA 182368 04/13/2017 002658 VOLLMUTH, MARY 182369 04/13/2017 018147 WADDLETON, JEFFREY L. 304.50 304.50 EQUIP RENTALS:PW STREET MAINT 61.31 EQUIP RENTALS:PW STREET MAINT 18.76 80.07 EE REIMB:TEAM PACE EVENT 4/6 200.00 200.00 DJ/ANNOUNCER SVC:TEEN EGG HUNT 360.00 DJ/ANNOUNCER SVC:EGG HUNT 4/15 325.00 685.00 182370 04/13/2017 019773 WATTS, GARY PLNG COMMISSIONERS ACADEMY 196.08 196.08 3/1-2 182371 04/13/2017 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:VAR FACILITIES 182372 04/13/2017 003730 WEST COASTARBORISTS INC TREE TRIMS:REMOVALS:PARKS & MEDIANS TREE TRIMS:REMOVALS:CROWNEHILL TREES MAINT:CAMPOS VERDES SLOPE 182373 04/13/2017 013286 WEST SAFETY SERVICES, INC. APR ENTERPRISE 911 SVCS: IT 182374 04/13/2017 000341 \AILLDAN ASSOCIATES INC 182375 04/13/2017 018871 WONDER SCIENCE 182376 04/13/2017 009512 WURMS JANITORIAL SERVICES, INC 1001537 04/05/2017 019478 AHRENS, MELISSA 1,183.90 1,183.90 1,300.00 450.00 5,443.00 7,193.00 300.00 300.00 TRAFFIC ENGINEERING & SURVEY 4,823.91 SVCS:PW TRAFFIC ENGINEERING SVCS:PW TRAFI 3,120.00 7,943.91 TCSD INSTRUCTOR EARNINGS 1,417.50 TCSD INSTRUCTOR EARNINGS 945.00 2,362.50 JANITORIAL SVCS:VAR FACILITIES 23,927.71 JANITORIAL SVCS:POLICE OT OFC 307.85 24,235.56 REFUND:BEAR CUB UNIV KINDER 323.00 323.00 CUBS 1001538 04/05/2017 019478 AHRENS, MELISSA REFUND:CREDITONACCT:TCSD 48.00 48.00 Page9 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description 1001539 04/05/2017 019747 EDRINGTON, DEBBI REFUND:FAIRY FUN DANCE CAMP 4560.101 Amount Paid Check Total 75.00 75.00 1001540 04/05/2017 019748 MACHERZAK, MICHELE REFUND:RETURNED LOST 14.95 14.95 MATERIALS:LIBRARY 1001541 04/05/2017 019749 POEHLMAN, MASON REFUND:TODDLERS CREATIVE LEARNING 78.00 78.00 1001542 04/05/2017 019750 SPIEGEL, CLAY REFUND:CREDIT FOR HRLY 525.00 525.00 RENTAL:CONF CTR 1001543 04/06/2017 019759 ALDEN, MELODY 1001544 04/06/2017 017532 BUILDERS OF FAITH 1001545 04/06/2017 019760 CHAPARRAL HS PARENT 1001546 04/06/2017 019761 DURAN, VANESSA 1001547 04/06/2017 019762 ELLIOTT, JAIMIE 1001548 04/06/2017 019763 FORSBERG, BEN REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 REFUND:SEC DEP:PICNIC 100.00 100.00 RENTAL:PALA PARK REFUND:TENNIS - LEVEL 1 QUICK 48.00 48.00 START REFUND:LIFEGUARD TRAINING CLASS 140.00 140.00 B 1001549 04/06/2017 019764 GREER, CHRISTINA REFUND:CREDIT:PICNIC 60.00 60.00 RENTAL:MEADOWS PARK 1001550 04/06/2017 019765 GREZIOVSKI, BRANDY REFUND:MULTISPORTCAMP- SPRING 65.00 65.00 2315.101 1001551 04/06/2017 019766 LARSON, ANDREA REFUND:SOCCER SKILLS 2204.103 105.00 105.00 1001552 04/06/2017 019767 MAPLES, KINDRA REFIMD:SEC DEP:PICNIC RENTAL:HARVESTON 200.00 200.00 1001553 04/06/2017 018543 MOYERS, CAROL REFUND:MULTISPORTCAMP- SPRING 65.00 65.00 2315.101 1001554 04/06/2017 019768 PARCELL, CARA REFUND:SEC DEP CREDIT:PICNIC RENTAL:PALA 100.00 100.00 Pagel 0 apChkLst Final Check List 04/13/2017 10:59:21AM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 1001555 04/06/2017 019769 POOJAROEN, KATELYN REFUND:CREDIT:PICNIC 60.00 60.00 RENTAL:RRSP 1001556 04/06/2017 019770 SPIEGEL, COLLEEN REFUND:SEC DEP:RM RENTAL:CONF CTR A/B 112.50 112.50 1001557 04/06/2017 019771 WENDELIN, LISA REFUND:BAKERY BOOT CAMP FOR 9.00 9.00 KIDS 1001558 04/06/2017 019772 WILLCOX, GWEN REFUND:MISS CATHY'S TINY TOTS 204.00 204.00 1040.106 Grand total for UNION BANK: 492, 574.32 Page:11 apChkLst 04/13/2017 10:59:21 A M Final Check List CITY OF TEMECULA Page: 12 140 checks in this report. Grand Total All Checks: 492,574.32 Page:12 apChkLst 04/20/2017 10:20:45AM Final Check List CITY OF TEMECULA Page: 1 Bank union UNION BANK Check # Date Vendor 3272 03/09/2017 006887 UNION BANK OF CALIFORNIA 011919 PARK N FLY 000871 HILTON 3303 04/11/2017 006887 UNION BANK OF CALIFORNIA 009734 IN -N -OUT BURGERS 019784 AMERICAN ADVERTISING 001264 COSTCO TEMECULA #491 3304 04/11/2017 006887 UNION BANK OF CALIFORNIA 001256 MARRIOTT HOTEL 001256 MARRIOTT HOTEL 3305 04/11/2017 006887 UNION BANK OF CALIFORNIA 000747 AMERICAN PLANNING ASSOCIATION 006942 ONTARIO AIRPORT 001060 HYATT 006937 SOUTHWEST AIRLINES 3306 04/11/2017 006887 UNION BANK OF CALIFORNIA 000152 CALIF PARKS & RECREATION SOC 000152 CALIF PARKS & RECREATION SOC 018978 PIZZA FACTORY 006952 PAYPAL 004822 RIVERSIDE TRANSITAGENCY 3307 04/11/2017 006887 UNION BANK OF CALIFORNIA 019783 BLANCO TACOS 006942 ONTARIO AIRPORT 001060 HYATT 000747 AMERICAN PLANNING ASSOCIATION 015626 EVENTBRITE COM Description Amount Paid Check Total ME TRANP: CPRS AWARD DINNER 3/4 ME LODGING: CONF OF MAYORS 1/16-1/19 CD RFRSHMNTS FOR TCC VOLUNTEERS AT ROD R CD REGIST: '17 AWARDS: HAYES, M. CD LIGHT FOR FIRE ENGINE VOID LW LODGING: PLNG COMMISSIONER: TURLEY LW LODGING: PLNG COMMISSIONER: WATTS ME REGIST: '17 CONF AT UCR 3/15 ME PARKING: CPRS CONF 3/3-3/4 ME LODGING: CPRS CONF 3/3-3/4 ME AIRFARE: CPRS AWARD BANQUET: 3/3-3/4 KH AWARD BANQUET REGIST: EDWARDS, M. KH AWARD BANQUET REGIST: RUSSO, E KH RFRSHMNTS: FIRE VOLUNTEERS AT ROD RUN KH VERISIGN PAYFLOW PRO TRANSACTION KH VOUCHERS FOR SENIORS AT MPSC AA RFRSHMNTS: LEAGUE OF CA CITIES CONF AA PARKING: LEAGUE OF CA CITIES 2/7-2/10 AA LODGING: CITY MANAGER'S DEPT MTG AA REGIS: CONFERENCE AT UCR 3/15 AA SOAR '17 CONF: ADAMS, A 41.00 1,518 72 11853 85 00 38 77 0.00 000 35.00 1800 261 46 232.89 80 00 80.00 92 50 225.40 120 00 20 65 72 00 753.98 35 00 4847 1,55972 242 30 0.00 547.35 597 90 930 10 Pagel apChkLst 04/20/2017 10:20:45AM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK Check # Date Vendor 3308 04/11/2017 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL 013338 APPLE STORE 013338 APPLE STORE 018492 1909 GASTROPUB 013851 STORM SOURCE, LLC 013338 APPLE STORE 016745 LYNDA.COM 3309 04/11/2017 006887 UNION BANK OF CALIFORNIA 003198 HOME DEPOT, THE 013301 RED GINGER CHINA BISTRO 017443 OPERATING CO.LLC MED CUISINE 017867 CAPITOL ENQUIRY 000912 CITY CLERKS ASSN OF CALIF 006692 SAM'S CLUB 018925 FIREHOUSE SUBS 018925 FIREHOUSE SUBS 3310 04/11/2017 006887 UNION BANK OF CALIFORNIA 008956 PANERA BREAD 000198 INTL COUNCIL OF SHOPPING 015354 FACEBOOK.COM 019592 URBAN CAFE 006952 PAYPAL 015626 EVENTBRITE.COM 018583 WHICH WICH 015354 FACEBOOK.COM 019784 AMERICAN ADVERTISING (Continued) Description Amount Paid Check Total MH STREAMING LIVE FOR WEBCAM MH SERVICE FEE FOR REPAIRS MH IPAD CASE FOR HESLIN, MICHAEL MH RFSHMTS: INTERVIEW PANEL ASSIST MH APPOINTMENT PLUS:IT MH SOFTWARE RENEWAL: IT MH STAFF TRAINING: HALL, JONATHAN RO STORAGE SUPPLIES RO RFRSHMNTS: CLOSED CNCL SESSION 2/14 RO RFRSHMNTS: CLOSED CNCL SESSION 2/28 RO 2017 POCKET DIRECTORY RO MEMBERSHIP RENEWAL: JOHN-OLSON, R. RO RFRSHMNTS: YOUTH IN GOV'T 3/8 & 3/9 RO RFRSHMNTS: YOUTH IN GOV'T 3/9 RO RFRSHMNTS: YOUTH IN GOV'T 3/8 GB RFRSHMNTS: EXEC STAFF MTG WITH ATT'Y GB EVENT REGISTRATION: EDWARDS, M. GB ADVERTISING: ECO DEV GB RFRSHMNTS: MTG WITH FOREST CITY 2/28 GB CONF: PUBLIC RELATIONS CONF: DAMKO, C GB STATE OF THE REGION: DAMKO/KITZEROW GB RFRSHMNTS: MTG TO DISCUSS WRCOG GRANT GB ADVERTISING: TVE2 GB REGIST: '17 AWARDS: DAMKO, C. 100.01 49.00 85.12 78.42 20.00 499.00 375.00 43.01 113.14 188 17 2019 295.00 57.90 401.12 401.12 85.48 610.00 11.00 189.04 375.00 96.94 120.00 28.41 85.00 1,206.55 1,51965 1,600.87 Page2 apChkLst 04/20/2017 10:20:45AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK Check # Date Vendor 3311 04/11/2017 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL 004765 ACTIVE NETWORK INC, THE 000175 GOVERNMENT FINANCE OFFICERS 000154 CSMFO 000154 CSMFO 000154 CSMFO 3312 04/11/2017 006887 UNION BANK OF CALIFORNIA 019752 STONE BREWING 019161 ACCESSORYGEEKS.COM 019751 STRYDER TRANSPORTATION 008668 WES FLOWERS 008668 WES FLOWERS 008668 WES FLOWERS 007987 WALMART (Continued) 008668 WES FLOWERS 014516 RAINBOW OAKS RESTAURANT 007836 THINGS REMEMBERED 009833 DISNEYLAND RESORTS 3313 04/20/2017 010349 CALIF DEPT OF CHILD SUPPORT 3314 04/20/2017 000194 I C M A RETIREMENT -PLAN 303355 3315 04/20/2017 000444 INSTATAX (EDD) 3316 04/20/2017 000283 INSTATAX (IRS) 3317 04/20/2017 001065 NATIONWIDE RETIREMENT SOLUTION Description Amount Paid Check Total JH VERISIGN PAYFLOW PRO TRANSACTION JH REGIST: TYLER CONNECT '17: SAMPLE. M. JH CERT OF ACHIEVEMENT REVIEW FEE JH MEMB RENEWAL: HENNESSY JH MEMB RENEWAL: BROWN JH MEMB RENEWAL: GRACIANO IG RFRSHMNTS: STAFF TRAINING IG CELL PHONE HOLSTER: CARDENAS, R. IG TRANSPORTATION FOR STAFF IG SUNSHINE FUND IG SUNSHINE FUND IG SUNSHINE FUND IG EXECUTIVE STAFF TRAINING MATERIALS IG SUNSHINE FUND IG RFRSHMNTS: STAFF TRAINING IG RECOGNITION PLAQUES:TEAM PACE MEMBERS IG LODGING: LCW CONF: GARIBAY, I. IG UNION BANK CREDIT SUPPORT PAYMENT I C M A RETIREMENT TRUST 457 PAYMENT STATE TAXES PAYMENT FEDERAL INCOME TAXES PAYMENT NATIONWIDE RETIREMENT PAYMENT 79.20 850.00 580.00 110.00 110 00 110.00 296.69 10.89 977 40 60.98 60.98 60.98 65.89 60.98 179.20 237.05 453.96 -182.78 1,008.45 9,414.72 21,117.80 79,352.86 8,534.24 1,839.20 2,282.22 1.008.45 9,414.72 21,117.80 79,352.86 8,534.24 Page:3 apChkLst 04/20/2017 10:20:45AM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK Check # Date Vendor 3318 04/20/2017 000389 NATIONWIDE RETIREMENT SOLUTION 3319 04/20/2017 019088 NATIONWIDE RETIREMENT SOLUTION 3320 04/20/2017 000246 PERS (EMPLOYEES' RETIREMENT) (Continued) 182377 04/20/2017 016764 ABM BUILDING SERVICES, LLC 182378 04/20/2017 015217 AIRGAS, INC. 182379 04/20/2017 007282 AMAZON COM, INC 182380 04/20/2017 004883 AMERCIAN COUNCIL OF ENGINEER 182381 04/20/2017 017149 B G P RECREATION, INC. 182382 04/20/2017 011954 BAKER & TAYLOR INC Description OBRA - PROJECT RETIREMENT PAYMENT NATIONWIDE LOAN REPAYMENT PAYMENT PERS EMPLOYEE RETIREMENT PAYMENT HVAC PREV MAINT:TVE2 HVAC PREV MAINT: PARKING GARA HVAC PREV MAINT: MAINT. FACILIT' HVAC PREV MAINT: TEMECULA VAL HVAC PREV MAINT: OTTT HVAC PREV MAINT: FOC HVAC PREV MAINT: JRC HVAC PREV MAINT: PAT BIRDSALL MUNTER HVAC MAINT SRVC: CIVIC HVAC PREV MAINT: CHAPEL OF MEI HVAC PREV MAINT: HARVESTON PF HVAC PREV MAINT: TPL HVAC PREV MAINT: CRC HVAC PREV MAINT: FOOD PANTRY HVAC PREV MAINT: TCC HVAC PREV MAINT: MPSC DRY ICE FOR EXPERIMENTS:PENNYPICKLE'S SUPPLIES:CRC TEEN ZONE BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY Amount Paid Check Total PUBLICATIONS: '17 CEQA GUIDELINES TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS BOOK COLLECTIONS:LIBRARY 182383 04/20/2017 010806 BARNEYS TIRE AND WHEEL VEHICLE MAINTENANCE:TCC 2,437.28 442.44 37, 715.12 1,075.00 305.00 262.00 150.00 299.00 283 00 213.33 133 00 1,489.00 50.00 72.00 729.00 800.00 29 00 120.00 235.00 20.01 268.69 107.13 47.00 33.34 27.41 77.99 238.58 4,069.80 2,570.40 2,570.40 97.67 2,437 28 442.44 37, 715.12 6,244.33 20 01 561.56 238.58 9,210.60 97.67 803.20 803.20 Page:4 apChkLst 04/20/2017 10:20:45AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK Check # Date Vendor 182384 04/20/2017 018408 BOB CALLAHAN'S POOL SERVICE 182385 04/20/2017 011348 BONCOR WATER SYSTEMS LLC 182386 04/20/2017 003138 CAL MAT 182387 04/20/2017 013265 CALIF BUILDING 182388 04/20/2017 000638 CALIF DEPT OF CONSERVATION 182389 04/20/2017 004248 CALIF DEPT OF JUSTICE-ACCTING 182390 04/20/2017 004462 CDW, LLC 182391 04/20/2017 000137 CHEVRON AND TEXACO (Continued) Description Amount Paid Check Total MAR 17 MAINT SVCS FOR POOLS:CRC & TES MAR FOUNTAIN MAINT: TOWN SQU) WATER TANK FILTER REPL: STA73 ASPHALT MATERIAL: PW STREET MAINT ASPHALT MATERIALS: PW STREET I ASPHALT MATERIAL: PW STREET M ASPHALT MATERIAL: PW STREET M ASPHALT MATERIAL: PW STREET M ASPHALT MATERIAL: PW STREET M 1ST QTR PAYMENT OF SB1473 2017 2017 1ST QTR PMT:STRONG MOTION (JAN -MAR) FINGERPRINTING SERVICES:ECO DEV MONITOR DESK MOUNT KIT:FIRE PREV MAR 17 CITY VEHICLES FUEL: POLICE DEPT 182392 04/20/2017 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS CHARITIES, C/O WELLS FARGO PAYMENT BANK 182393 04/20/2017 002945 CONSOLIDATED ELECTRICAL DIST. 182394 04/20/2017 011922 CORELOGIC, INC 182395 04/20/2017 001264 COSTCO TEMECULA #491 182396 04/20/2017 004524 CRAFCO INC -ABSOLUTE ASPHALT 182397 04/20/2017 016724 CRAFT, CHARLENE ELECTRICAL SUPPLIES: VAR PARKS ELECTRICAL SUPPLIES: LIBRARY ELECTRICAL SUPPLIES: LIBRARY FEB 17 PROPERTY ID SFTWR : CODE ENF MAR 17 PROPERTY ID SFTWR : CO[ EVENT SUPPLIES: TVE2 MISC SUPPLIES: FIRE -TCC CRACK SEAL/FILL MACHINE: PW MAINT CRACK SEAL/FILL MACHINE: PW MF REIMB: RFRSHMNTS: TEAM PACE EASTER 1,050.00 925.00 254.00 484.19 226.20 163.49 412.81 411 32 447.76 635.00 2,605.60 5,125.00 87.28 1,261.90 24.00 128.76 117.45 256.01 251.50 257.00 53.09 747.52 59,680.97 2,924.63 164.74 1,975.00 254.00 2,145.77 635 00 2,605.60 5,125.00 87.28 1,261.90 24 00 502.22 508.50 800.61 62,605.60 164.74 Page:5 apChkLst Final Check List Page: 6 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182398 04/20/2017 010650 CRAFTSMEN PLUMBING & FACILITIES REHAB: CRC AND LIBRARY 14,300.00 HVAC INC FACILITY MAINTENANCE: STA 92 468 00 14,768.00 182399 04/20/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 280 00 280 00 182400 04/20/2017 003945 DIAMOND ENVIRONMENTAL PORTA-POTTY RENTALS:OT 809.51 809.51 SRVCS RESTROOMS RENO 182401 04/20/2017 008562 DOMINGO. NAOMI REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 182402 04/20/2017 001669 DUNN EDWARDS SPARTASHIELD EXTERIOR OLD TOWN 36.53 36 53 CORPORATION LAMPOST 182403 04/20/2017 019293 E&F PET SUPPLIES INC k-9 food & supplies-temecula police 159 97 159.97 182404 04/20/2017 002390 EASTERN MUNICIPAL WATER MAR WATER METER:32131 S LOOP RD DIST DCDA MAR WATER METER:32131 S LOOP MAR WATER METER:32131 S LOOP 182405 04/20/2017 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS AILEEN 182406 04/20/2017 001056 EXCEL LANDSCAPE, INC. TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS IRRIGATION REPAIRS: VARIOUS PARKS IRRIGATION REPAIRS: VARIOUS PAf IRRIGATION REPAIRS: VARIOUS PAf LDSCP REPAIRS: PDS MEDIAN ACCT IRRIGATION REPAIR: OLD TOWN IRRIGATION REPAIRS: CRC IRRIG REPAIRS: SIGNET SERIES SL IRRIGATION REPAIRS: VARIOUS SL( irrig repairs:vail ranch:wolf crk slopes IRRIGATION REPAIRS: VARIOUS PAf IRRIGATION REPAIRS: VARIOUS PAf IRRIGATION REPAIRS: VARIOUS PAf IRRIGATION REPAIRS: VARIOUS PAf 182407 04/20/2017 019469 FALCON ENGINEERING MAR 17 CONST MGMT SRVCS: SERVICES PW04-04 51.42 302.55 122.88 299 69 175.00 122.50 122.50 227.50 350.00 105.00 594.24 770.44 654.36 1,775.00 115.26 163.33 1,288.86 580.08 444.99 560.32 1,044.75 131.40 472.02 476 85 1,402.19 8,595.05 4,870.08 4.870.08 Page:6 apChkLst Final Check List Page: 7 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182408 04/20/2017 000165 FEDERAL EXPRESS INC 3/30-4/3 EXP MAIL SVCS: INFO TECH & 155 64 155 64 PLAN 182409 04/20/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 453.03 453.03 182410 04/20/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00 182411 04/20/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 126.00 126.00 182412 04/20/2017 018858 FRONTIER CALIFORNIA, INC APR INTERNET SVCS:CITY HALL 289.99 MAR INTERNET SVCS:C. MUSEUM, 124.99 MAR INTERNET SVCS:CH 3 CITY HA 123.19 MAR INTERNET SVCS:3 BUS LINE E 144.63 MAR INTERNET SVCS:1 BUS LINE E 48,21 MAR INTERNET SVCS:TCC 144.99 876.00 182413 04/20/2017 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES. 942.22 942.22 THEATER 182414 04/20/2017 016184 FUN EXPRESS, LLC SUPPLIES:HIGH HOPES PROGRAM 223.53 223.53 182415 04/20/2017 003946 G T ENTERTAINMENT DJ/ANNOUNCING: EASTER 300 00 300.00 EGGSTRAVAGANZA 182416 04/20/2017 003946 G T ENTERTAINMENT DJ/ANNOUNCING: SPECIAL GAMES 300.00 300.00 GOHS 182417 04/20/2017 019791 GARCIA, PATRICIA REFUND:CREDIT:PICNIC 60.00 60.00 RENTAL:HARVESTON 182418 04/20/2017 000177 GLENNIES OFFICE PRODUCTS MAR 17 OFC SUPPLIES: BLDG & 209.68 INC SAFETY MAR 17 MISC. OFC SUPPLIES: PLAN 71.12 MAR 17 OFC SUPPLIES: PUBLIC WC 486.03 MAR 17 MISC OFC SUPPLIES: CITY 3.66 MAR 17 OFC SUPPLIES: INFO TECH 11.41 MAR 17 MISC OFC SUPPLIES: ECO I 79.08 MAR 17 MISC OFC SUPPLIES: ECO I 38.80 899.78 182419 04/20/2017 003792 GRAINGER MISC SAFETY SUPPLIES:PW STREET 120.19 MAINT PLUMBING PARTS: CRC 262.23 PLUMBING PARTS: CRC 636.10 MISC STAGE SUPPLIES: THEATER 73.21 1,091.73 182420 04/20/2017 000186 HANKS HARDWARE INC MAR 17 SUPPLIES: STREET MAINT DIV 3,214.84 MAR 17 MAINT SUPPLIES: AQUATIC 983.11 4,197.95 Page:7 apChkLst Final Check List Page: 8 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182421 04/20/2017 012748 HARDY & HARPER INC PAVING MAINT SRVCS: JEFFERSON 40,413.00 40,413.00 AVE 182422 04/20/2017 010210 HOME DEPOT SUPPLY INC, SMALL TOOLS & EQUIP: STA 95 999.78 THE BUILDING AND REC SUPPLIES:MRC 339.38 1,339 16 182423 04/20/2017 003198 HOME DEPOT, THE MAINT SUPPLIES: VARIOUS PARKS 38.79 38.79 182424 04/20/2017 016564 IMPACT TELECOM MAR 800 SERVICES:CIVIC CENTER 54.95 54.95 182425 04/20/2017 006914 INNOVATIVE DOCUMENT COPIER/PLOTTER SUPP -INK & 1,160.25 1,160.25 SOLUTIONS STAPLE CARTRI 182426 04/20/2017 010412 JOHNSON POWER SYSTEMS EMERG GENERATOR REPAIR: FOC 965.65 965.65 182427 04/20/2017 017118 KRACH, BREE B Gavels and Plaques for MayorITCSD 316.79 316.79 182428 04/20/2017 000210 LEAGUE OF CALIF CITIES REGISTRATION: STEWART, JAMES 30.00 30.00 5/8/17 182429 04/20/2017 003782 MAIN STREET SIGNS signs and supplies:pw street maint div 122.64 122 64 182430 04/20/2017 019792 MARKESIS, VERONICA REFUND:PETITE CHEFS 1665.103 59.00 59.00 182431 04/20/2017 015259 MERCURY DISPOSAL Household battery recycling program. 272.84 272.84 SYSTEMS, INC. 182432 04/20/2017 018314 MICHAEL BAKER INT'L INC P/E 2/26 ENG SUPPORT SVCS 1,716.00 1,716.00 PW04-08 182433 04/20/2017 016445 MKB PRINTING & Printing srvcs:police business cards 160.29 160.29 PROMOTIONAL INC 182434 04/20/2017 004586 MOORE FENCE COMPANY INC REPLACE FENCE: RRSP 9,648.79 9,648.79 IMPROVEMENTS 182435 04/20/2017 015413 MURRIETA MESA HIGH REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 SCHOOL 182436 04/20/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: FINANCE 81.88 81,88 DIV Page:8 apChkLst 04/20/2017 10:20:45AM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK Check # Date Vendor 182437 04/20/2017 002105 OLD TOWN TIRE & SERVICE 182438 04/20/2017 019730 PARKER 215 GENERAL 182439 04/20/2017 015512 PINO, KAREN 182440 04/20/2017 018978 PIZZA FACTORY 182441 04/20/2017 010338 POOL & ELECTRICAL PRODUCTS INC 182442 04/20/2017 011549 POWER SPORTS UNLIMITED 182443 04/20/2017 005075 PRUDENTIAL OVERALL SUPPLY 182444 04/20/2017 000262 RANCHO CALIF WATER DISTRICT (Continued) Description Amount Paid Check Total CITY VEHICLE MAINT SVCS:PW PARKS MAINT CITY VEHICLE MAINT SVCS:PW PAF CITY VEHICLE MAINT SVCS:PW PAF CITY VEHICLE MAINT SVCS:PW TRF CITY VEHICLE MAINT SVCS:PW LAP CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW PAF CITY VEHICLE MAINT SVCS:PW PAF CITY VEHICLE MAINT SVCS:PW PAF CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW STF CITY VEHICLE MAINT SVCS:PW PAF REFUND:ENG GRAD DEP:LD15-0223 ENTERTAINMENT:SPECIAL GAMES 4/22 REFRESHMENTS:CRC TEEN ACTIVITIES VAR CHEMICAL SUPPLIES: FACILITIES MAINT SUPPLIES & CHEMICALS: VAR P001 VEH MAINT & REPAIR:POLICE MOTORS MAR UNIFORM/FLR MTS/TOWEL RENTALS:PKS/C. MAR VAR WATER METERS:PW VAR SITES MAR VAR WATER METERS:TCSD S MAR COMM WATER METER:28640 P MAR VAR WATER METERS:FIRE STP MAR VAR WATER METERS:PW CIP MAR VAR WATER METERS:PW MAIN MAR VAR WATER METERS:PW OLD MAR VAR WATER METERS:PW CIP MAR VAR WATER METERS:PW JRC MAR VAR WATER METERS:PW FAC MAR VAR WATER METERS:PW MAIN 722.53 206.19 51.61 374.15 38 43 825.00 25.00 1,100.63 32.62 33.52 680.00 48.79 221.14 353.45 186.82 97.57 50,000.00 300.00 38.21 103.78 507 45 214.28 671.85 713.09 13,390.33 10.81 662.35 54.32 238.81 631.52 483.39 128.06 4,424.35 194.75 4,997.45 50,000 00 300.00 38.21 611.23 214.28 671.85 20,931.78 Page9 apChkLst Final Check List Page: 10 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182445 04/20/2017 002412 RICHARDS WATSON & FEBRUARY 2017 LEGAL SERVICES 2,268.00 GERSHON FEBRUARY 2017 LEGAL SERVICES 351.00 2,619.00 182446 04/20/2017 014027 RIVERSIDE CO ECO DEV APR -JUN '17 STAFFING:LIBRARY 41,860.00 41,860.00 AGENCY 182447 04/20/2017 000406 RIVERSIDE CO SHERIFFS 02/02/17-03/01/17 LAW ENFORCEMENT 1,775,086.62 1,775,086.62 DEPT 182448 04/20/2017 004270 RUFFIAN SPECIALTIES EQUIPMENT BAG: STA 73 181.13 181.13 182449 04/20/2017 004274 SAFE & SECURE LOCKSMITH LOCKSMITH SRVCS: THEATER 17.24 17.24 182450 04/20/2017 009980 SANBORN, GWYNETH A. COUNTRY LIVE! @ THE MERC 4/15/17 368.25 368.25 182451 04/20/2017 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 736.33 /36.33 CENTRAL 182452 04/20/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 04/13/17 388.50 388 50 182453 04/20/2017 009746 SIGNS BY TOMORROW PUBLIC NTCS POSTING 176.66 AVAIL/DEIR:PLNG DEPT PUBLIC NTCS POSTING XX-1698:PLI 638.25 PUBLIC NTCS POSTING XX-0164:PLI 638.25 1,453.16 182454 04/20/2017 000645 SMART & FINAL INC SUPPLIES:HIGH HOPES PRGM MISC SUPPLIES:ART OFF THE WALI 221.09 320.99 542.08 Page:10 apChkLst Final Check List Page: 11 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 182455 04/20/2017 000537 SO CALIF EDISON Description Amount Paid Check Total MAR 2-30-066-2889:30051 RANCHO VISTA MAR 2-29-458-7548:32000 RANCHO MAR 2-39-043-8521:29028 OT FRONT MAR 2-36-531-7916:44205 MAIN ST F MAR 2-35-421-1260:41955 4TH ST LS MAR 2-36-122-7820:31777 DEPORTO MAR 2-25-350-5119:45602 REDHAWK MAR 2-30-608-9384:28582 HARVEST( MAR 2-29-479-2981:31454 TEM PKW' MAR 2-29-974-7899:26953 YNEZ RD I MAR 2-36-171-5626:BUTTERFIELD/D MAR 2-28-171-2620:40820 WINCHES' MAR 2-20-798-3248:42081 MAIN ST MAR 2-10-331-2153:28816 PUJOL ST MAR 2-02-351-5281:30875 RANCHO MAR 2-27-805-3194:42051 MAIN ST MAR 2-37-303-0485:27498 ENTERPR MAR 2-31-031-2590:28301 RANCHO MAR 2-01-202-7330:VARIOUS LS -1 Al MAR 2-05-791-8807:31587 TEM PKW' 182456 04/20/2017 005244 SOCIETY FOR HUMAN 7/1/17-6/30/18 MBRSHP P. VON RESOURCE MGM RICHTER 182457 04/20/2017 008337 STAPLES BUSINESS ADVANTAGE 23.50 249.60 24.09 195.70 18.91 23.35 25.51 485.60 97.97 157.87 24,331.80 613.07 1,278.02 759.71 4,021.03 3,172.84 52.82 20 55 73,268 63 8,335 44 199.00 OFFICE SUPPLIES:LIBRARY 76.79 OFFICE SUPPLIES:TCSDADMIN SUPPLIES:SUMMER DAY CAMP OFFICE SUPPLIES:CRC CREDIT:OFFICE SUPPLIES/1-CSD AE OFFICE SUPPLIES:TCSDADMIN OFFICE SUPPLIES:MPSC OFFICE SUPPLIES:MPSC OFFICE SUPPLIES:HUMAN SERVICE OFFICE SUPPLIES:HUMAN SERVICE OFFICE SUPPLIES:CRC OFFICE SUPPLIES:CRC OFFICE SUPPLIES:CRC OFFICE SUPPLIES:CRC OFFICE SUPPLIES:CRC OFFICE SUPPLIES:CRC OFFICE SUPPLIES:TCSDADMIN OFFICE SUPPLIES:PD OLD TOWN 0 OFFICE SUPPLIES:CITY CLERK OFFICE SUPPLIES:PD OLD TOWN 0 182458 04/20/2017 015648 STEIN, ANDREW MISC SUPPLIES:EGG HUNT EVENTS 40.24 105.27 81.37 -8.72 95.47 82.51 47.40 81.45 38.12 36.04 4.30 4 30 6.45 17.23 34.04 8.72 53.27 152.49 9.64 117,156.01 199 00 966.38 353.98 353.98 Page:11 apChkLst Final Check List Page: 12 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 182459 04/20/2017 003840 STRONGS PAINTING PAINTING SRVCS: HARVESTON LAKE 1,800 00 1,800.00 PARK 182460 04/20/2017 019736 SURVIVAL SUPPLY, POWER EMERGENCY SUPPLIES: CERT 3,712.50 3,712.50 SOLVE INC 182461 04/20/2017 019714 TAYLOR'S APPLIANCE ICE MACHINE REPLACEMENTS:STNS 12,507 63 12,507.63 84,92,95 182462 04/20/2017 004209 TEMECULA SUNRISE ROTARY APR -JUN BUS BENCH 2,512.50 2,512.50 FOUND. PLACEMENT/MAINT:PW 182463 04/20/2017 003941 TEMECULA WINNELSON PLUMBING SUPPLIES:CIVIC CENTER 102.43 102.43 COMPANY 182464 04/20/2017 019100 TNT ENTERTAINMENT GROUP DJ & SOUND SRVCS:EGG HUNT 350.00 350.00 LLC 4/15/17 182465 04/20/2017 009709 U H S OF RANCHO SPRINGS, MAR ASSAULT EXAMS:TEMECULA 900.00 900.00 INC POLICE 182466 04/20/2017 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00 PAYMENT 182467 04/20/2017 019794 V & TTOOLING REFUND:DUPL. PMT:BUS LIC #012461 36.00 36.00 182468 04/20/2017 009101 VISION ONE, INC MAR SHOWARE TICKETING 2,077.80 2,077.80 SRVCS:THEATER 182469 04/20/2017 007987 WALMART SUPPLIES:SKATE PARK 79.46 RECREATION SUPPLIES:CRC 129.23 SUPPLIES:TEEN PRGM 85.54 SUPPLIES:EXHIBITS/EXPERIMENTS 107.89 402.12 1001559 04/13/2017 019785 HUGHES, JULIA REFUND:WONDERS! SPEED MATH 65.00 65.00 1001560 04/13/2017 019786 HURTADO, DANIELLE REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001561 04/13/2017 019787 SAWYER, JESSICA REFUND:WONDERS! SPEED MATH 65.00 65.00 1001562 04/13/2017 017971 SHAW, JESSE REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B 1001563 04/13/2017 019788 TRAN, RACHAEL REFUND:MISS CATHY'S TINY TOTS 81.60 81.60 1040.104 Page:12 apChkLst Final Check List Page: 13 04/20/2017 10:20:45AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 1001564 04/13/2017 019789 YOUNG, TERRELL REFUND:RENTAL CREDIT:LIBRARY COMM RM B Amount Paid Check Total 70.00 70 00 Grand total for UNION BANK: 2,410,954.09 Page:13 apChkLst Final Check List Page: 14 04/20/2017 10:20:45AM CITY OF TEMECULA 118 checks in this report. Grand Total All Checks: 2,410,954 09 Page:14 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: May 9, 2017 SUBJECT: Approve the City Treasurer's Report as of March 31, 2017 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of March 31, 2017. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of March 31, 2017. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of March 31, 2017 Investments City of Temecula, California Portfolio Management Portfolio Summary March 31, 2017 Par Market Book % of Value Value Value Portfolio Term City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 50,488,308.93 50,488,308.93 50,488,308.93 43.87 1 1 0.553 0.561 Retention Escrow Account 600,564.30 600,564.30 600,564.30 0.52 1 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 40,991,764.18 40,957,984.96 40,991,764.18 35.62 1 1 0.810 0.821 Federal Agency Callable Securities 15,000,000.00 14,897,680.00 15,000,000.00 13.04 1,388 1,064 1.422 1.441 Federal Agency Bullet Securities 8,000,000.00 7,979,470.00 7,993,680.00 6.95 1,141 537 1.155 1.171 Investments 115,080,638.41 114,924,009.19 115,074,318.41 100.00% 261 177 0.797 0.808 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 4,751,193.58 4,751,193.58 4,751,193.58 119,831,831.99 119,675,202.77 0.000 0.000 119,825,511.99 261 177 0.797 0.808 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 71,801.24 116,844,306.56 0.72% Reporting period 03/01/2017-03/31/2017 Run Date: 04/27/2017 - 11:31 613,324.17 112,913,470.27 0.72% Portfolio TEME CP PM (PRF_PM1) 7.3.0 Report Ver. 7.3.5 CUSIP Average Investment # Issuer Balance City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2017 Purchase Date Par Value Market Value Stated Page 1 YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 12/01/2016 0.00 0.00 0.00 0.000 0.000 1 104348006-6 01-02RESA11 First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.000 0.000 1 104348000-6 01-02SPTAX11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund CI 12/01/2016 503,646.55 503,646.55 503,646.55 0.420 0.414 0.420 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund CI 12/01/2016 420,259.60 420,259.60 420,259.60 0.420 0.414 0.420 1 104348016-6 01-2RESB11 First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.000 0.000 1 276213009-6 03-02 001 First Amer Govt Oblig Fund CI 03/16/2017 1;975.94 1,975.94 1,975.94 0.420 0.414 0.420 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund CI 03/15/2017 1,234,769.53 1,234,769.53 1,234,769.53 0.420 0.414 0.420 1 276213006-6 03-02 RES First Amer Govt Oblig Fund CI 03/16/2017 742,518.76 742,518.76 742,518.76 0.420 0.414 0.420 1 164741008-6 03-03IMP First Amer Govt Oblig Fund CI 08/01/2016 301,415.18 301,415.18 301,415.18 0.420 0.414 0.420 1 164741006-6 03-03RES First Amer Govt Oblig Fund CI 08/01/2016 389.99 389.99 389.99 0.410 0.404 0.410 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund CI 08/01/2016 673,588.29 673,588.29 673,588.29 0.420 0.414 0.420 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund CI 07/01/2016 100,269.95 100,269.95 100,269.95 0.420 0.414 0.420 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund CI 08/01/2016 974,137.85 974,137.85 974,137.85 0.420 0.414 0.420 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund CI 08/01/2016 144.94 144.94 144.94 0.410 0.404 0.410 1 94669917-6 03-1 RES First Amer Govt Oblig Fund CI 08/01/2016 0.02 0.02 0.02 0.000 0.000 1 94669916-6 03-1RESB11 First Amer Govt Oblig Fund CI 08/01/2016 147,801.41 147,801.41 147,801.41 0.420 0.414 0.420 1 94669000-6 03-1SPTAX11 First Amer Govt Oblig Fund CI 08/01/2016 272,435.86 272,435.86 272,435.86 0.420 0.414 0.420 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund CI 03/16/2017 124.75 124.75 124.75 0.420 0.414 0.420 1 793593011-6 03-2ACQ11 First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.460 0.454 0.460 1 793593009-6 03-2EMWD11 First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.460 0.454 0.460 1 793593007-6 03-2IMPR11 First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.460 0.454 0.460 1 793593016-6 03-2LOC11 First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.460 0.454 0.460 1 793593000-6 03-2SPTX First Amer Govt Oblig Fund CI 08/01/2016 0.00 0.00 0.00 0.460 0.454 0.460 1 94686001-6 03-4ADMIN11 First Amer Govt Oblig Fund CI 08/01/2016 509.01 509.01 509.01 0.420 0.414 0.420 1 94686005-6 03-4PREP11 First Amer Govt Oblig Fund CI 08/01/2016 13.00 13.00 13.00 0.380 0.375 0.380 1 94686000-6 03-4RED11 First Amer Govt Oblig Fund CI 08/01/2016 39,905.49 39,905.49 39,905.49 0.420 0.414 0.420 1 94686006-6 03-4RES11 First Amer Govt Oblig Fund CI 08/01/2016 34,011.82 34,011.82 34,011.82 0.420 0.414 0.420 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund CI 03/16/2017 1,184,914.84 1,184,914.84 1,184,914.84 0.420 0.414 0.420 1 276213029-6 16-01 001 First Amer Govt Oblig Fund CI 03/16/2017 4,648.05 4,648.05 4,648.05 0.420 0.414 0.420 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund CI 03/16/2017 6,409,500.82 6,409,500.82 6,409,500.82 0.420 0.414 0.420 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund CI 03/16/2017 3,153,043.76 3,153,043.76 3,153,043.76 0.420 0.414 0.420 1 233358009-6 233358009-6 First Amer Govt Oblig Fund CI 12/01/2016 204.41 204.41 204.41 0.420 0.414 0.420 1 94434160-6 RDA-02INT First Amer Govt Oblig Fund CI 08/01/2016 48.96 48.96 48.96 0.410 0.404 0.410 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund CI 08/01/2016 1.21 1.21 1.21 0.830 0.819 0.830 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund CI 08/01/2016 28.91 28.91 28.91 0.410 0.404 0.410 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund CI 07/01/2016 0.56 0.56 0.56 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund CI 08/01/2016 1.49 1.49 1.49 0.670 0.661 0.670 1 Run Date: 04/27/2017 - 11:31 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 CUSIP Average Investment # Issuer Balance City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2017 Purchase Date Par Value Market Value Stated Page 2 YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund CI 08/01/2016 1.46 1.46 1.46 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund CI 08/01/2016 202,363.75 202,363.75 202,363.75 0.420 0.414 0.420 1 107886020-6 RDA07INT First Amer Govt Oblig Fund CI 08/01/2016 8.58 8.58 8.58 0.470 0.464 0.470 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund CI 08/01/2016 7.52 7.52 7.52 0.400 0.395 0.400 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund CI 08/01/2016 210,058.08 210,058.08 210,058.08 0.420 0.414 0.420 1 107886026-6 RDAO7RES First Amer Govt Oblig Fund CI 08/01/2016 1,105,440.12 1,105,440.12 1,105,440.12 0.420 0.414 0.420 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund CI 07/01/2016 19,986.69 19,986.69 19,986.69 0.420 0.414 0.420 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund CI 08/01/2016 5,196,042.30 5,196,042.30 5,196,042.30 0.420 0.414 0.420 1 136343000-6 RDA1OINT First Amer Govt Oblig Fund CI 08/01/2016 155,317.25 155,317.25 155,317.25 0.420 0.414 0.420 1 136343001-6 RDA1OPRIN First Amer Govt Oblig Fund CI 08/01/2016 0.47 0.47 0.47 0.000 0.000 1 136343006-6 RDA1ORSRV First Amer Govt Oblig Fund CI 08/01/2016 1,264,840.22 1,264,840.22 1,264,840.22 0.420 0.414 0.420 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund CI 08/01/2016 46.62 46.62 46.62 0.410 0.404 0.410 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund CI 08/01/2016 7.80 7.80 7.80 0.380 0.375 0.380 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 08/01/2016 7,299,792.55 7,299,792.55 7,299,792.55 0.430 0.424 0.430 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 08/01/2016 1,309,428.11 1,309,428.11 1,309,428.11 0.430 0.424 0.430 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0,00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03 -/bond fd Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593016-5 03-2 LOCI Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 Run Date: 04/27/2017 - 11:31 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2017 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94669917-1 03-01-1 RES CA Local Agency Investment Fun 775,986.46 775,986.46 775,986.46 0.821 0.810 0.821 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 03/15/2017 14,999,908.98 14,999,908.98 14,999,908.98 0.821 0.810 0.821 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 310,394.58 310,394.58 310,394.58 0.821 0.810 0.821 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,438,364.44 1,438,364.44 1,438,364.44 0.821 0.810 0.821 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.821 0.810 0.821 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 12/01/2016 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 45,807,250.36 50,488,308.93 50,488,308.93 50,488,308.93 0.553 0.561 1 Retention Escrow Account ARMY CORPS Army Corps Union Bank Subtotal and Average 600,564.30 600,564.30 600,564.30 0.000 0.000 1 600,555.36 600,564.30 600,564.30 600,564.30 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2016 1.00 1.00 1.00 Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 24,075,479.88 24,055,640.50 24,075,479.88 0.821 0.810 0.821 1 SYSRDA RDA CA Local Agency Investment Fun 1,765.66 1,764.21 1,765.66 0.821 0.810 0.821 1 SYSTCSD TCSD CA Local Agency Investment Fun 16,914,518.64 16,900,580.25 16,914,518.64 0.821 0.810 0.821 1 Subtotal and Average 46,878,860.95 40,991,764.18 40,957,984.96 40,991,764.18 0.810 0.821 1 Federal Agency Callable Securities 3130A4G89 01207 Federal Home Loan Bank 03/24/2015 1,000,000.00 999,520.00 1,000,000.00 1.650 1.627 1.650 906 09/24/2019 3130AAME5 01226 Federal Home Loan Bank 01/30/2017 1,000,000.00 995,170.00 1,000,000.00 2.020 1.948 1.975 1,760 01/25/2022 3130AANA2 01227 Federal Home Loan Bank 01/30/2017 1,000,000.00 999,420.00 1,000,000.00 1.750 1.726 1.750 1,216 07/30/2020 Run Date: 04/27/2017 - 11:31 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2017 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3130AAW38 01228 Federal Home Loan Bank 03/22/2017 1,000,000.00 996,840.00 1,000,000.00 1.500 1.479 1.500 1,816 03/22/2022 3134G67C1 01210 Federal Home Loan Mtg Corp 06/22/2015 1,000,000.00 997,390.00 1,000,000.00 1.200 1.184 1.200 447 06/22/2018 3134G8QB8 01219 Federal Home Loan Mtg Corp 03/29/2016 1,000,000.00 996,240.00 1,000,000.00 1.270 1.253 1.270 727 03/29/2019 3134G8PP8 01220 Federal Home Loan Mtg Corp 03/30/2016 1,000,000.00 990,310.00 1,000,000.00 1.500 1.661 1.684 1,278 09/30/2020 3134GAXX7 01224 Federal Home Loan Mtg Corp 11/30/2016 1,000,000.00 994,320.00 1,000,000.00 1.000 0.986 1.000 608 11/30/2018 3134GBAB8 01229 Federal Home Loan Mtg Corp 03/27/2017 1,000,000.00 1,000,120.00 1,000,000.00 1.670 1.647 1.670 1,091 03/27/2020 3136G2EC7 01205 Federal National Mtg Assn 02/27/2015 1,000,000.00 999,020.00 1,000,000.00 1.300 1.282 1.300 697 02/27/2019 3136G2WT0 01216 Federal National Mtg Assn 01/27/2016 1,000,000.00 994,360.00 1,000,000.00 1.450 1.430 1.450 1,031 01/27/2020 3136G2XH5 01217 Federal National Mtg Assn 02/24/2016 1,000,000.00 990,600.00 1,000,000.00 1.400 1.381 1.400 1,059 02/24/2020 3136G3CL7 01218 Federal National Mtg Assn 03/24/2016 1,000,000.00 983,150.00 1,000,000.00 1.420 1.401 1.420 1,272 09/24/2020 3136G3TE5 01221 Federal National Mtg Assn 06/29/2016 1,000,000.00 975,460.00 1,000,000.00 1.250 1.233 1.250 1,185 06/29/2020 3136G3X59 01222 Federal National Mtg Assn 08/23/2016 1,000,000.00 985,760.00 1,000,000.00 1.100 1.085 1.100 874 08/23/2019 Subtotal and Average 13,483,870.97 15,000,000.00 14,897,680.00 15,000,000.00 1.422 1.441 1,064 Federal Agency Bullet Securities 3133EDNDO 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 1,000,900.00 1,000,000.00 1.200 1.179 1.195 285 01/11/2018 3133EEHU7 01202 Federal Farm Credit Bank 01/14/2015 1,000,000.00 1,001,990.00 1,000,000.00 1.410 1.391 1.410 653 01/14/2019 3133EGJ30 01225 Federal Farm Credit Bank 11/18/2016 1,000,000.00 989,330.00 1,000,000.00 1.100 1.085 1.100 961 11/18/2019 3130A4AJ1 01206 Federal Home Loan Bank 02/27/2015 1,000,000.00 999,560.00 1,000,000.00 1.140 1.124 1.140 332 02/27/2018 3130A5MH9 01211 Federal Home Loan Bank 06/26/2015 1,000,000.00 1,001,840.00 1,000,000.00 1.360 1.341 1.360 634 12/26/2018 3130A8ZV8 01223 Federal Home Loan Bank 08/23/2016 1,000,000.00 986,650.00 1,000,000.00 1.000 0.986 1.000 874 08/23/2019 3130AAYM4 01230 Federal Home Loan Bank 03/14/2017 1,000,000.00 999,920.00 1,000,000.00 1.125 1.110 1.125 347 03/14/2018 3135G0PQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 999,280.00 993,680.00 0.875 1.026 1.040 208 10/26/2017 Subtotal and Average 7,574,325.16 8,000,000.00 7,979,470.00 7,993,680.00 1.155 1.171 537 Total and Average 116,844,306.56 Run Date: 04/27/2017 - 11:31 115, 080, 6 38.41 114, 924, 009.19 115,074,318.41 0.797 0.808 177 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash March 31, 2017 Average Purchase Investment # Issuer Balance Date Par Value Stated Market Value Book Value Rate YTM YTM Days to 360 365 Maturity Page 5 Passbook/Checking Accounts 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 07/01/2016 8,242.25 8,242.25 8,242.25 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2016 3,061.00 3,061.00 3,061.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 4,732,500.33 4,732,500.33 4,732,500.33 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2016 7,390.00 7,390.00 7,390.00 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 116,844,306.56 Run Date: 04/27/2017 - 11:31 119,831,831.99 119,675,202.77 119,825,511.99 0.797 0.808 177 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Journal Entries completed afte ary's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. :�elol pueaa EA LL'Z0Z`9L9`6 L L $ m 0 m m m m 0 m m 0 0 m (n 0 0 (n m 0 0 m m 0 0 m m 0 0 m 0 0 A A A A A A A A W W W W W W W W W W N N N N N 0 WNDMMNDMMNDNDMM 0 0 0 0 0 0 0 0 0 4 v v v v v v m m m -I A W N N - 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J cI Ut o m A w A co (D m (D O N O co-, W m N W N W m m W -I m W N A v o N m N N (D W (D m W m 0 (D W m W co cI A O m m W m m (D (D m N W 0 cn m 444,614444 m �I m W W m� m� O �I m D) m (D � v O O m A N O A m (Jt T W O (D A �I (n � O W m �I � N (D A m �I N Ut Vt N N W m (D m (D m m A W (D O W W A Vt � (Jt N W --I W Ut c 4 9weN pund CO (D s1ueuwesangsia Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeff Kubel, Chief of Police DATE: May 9, 2017 SUBJECT: Approve the Purchase of Getac T800 Mini Rugged Tablets with Golden Star Technology, Inc. for the Temecula Police Department PREPARED BY: Mary Vollmuth, Purchasing Manager RECOMMENDATION: That the City Council approve the purchase of Getac T800 Mini Rugged Tablets with Golden Star Technology, Inc., in the amount of $68,764.76, for the Temecula Police Department. BACKGROUND: The City contracts with the Riverside County Sheriff's Department for law enforcement services. The County Technical Services Bureau has long supported mobile data devices and associated software for the County and contract cities. The Motorola MC75 handheld mobile computer has been the primary device utilized by the County and the Temecula Police Department for incident data entry and issuing citations. The routing and operating system that manages wireless data to the Motorola MC75 has now reached its application end of life and the hardware is obsolete. The diminished ability to repair, maintain or upgrade the hardware and receive technical support has created data security vulnerability. The outdated operating system restricts migration to a newer supported platform, making the MC75 non-compliant with the Criminal Justice Information Services Agency (CJIS) for the handling and protection of sensitive information such as, fingerprints and criminal background data. The Riverside County Sheriff's Office (RSO) and County Technical Services Bureau (TSB) identified the Getac Rugged Tablet series as the best full Windows computer that can meet CJIS security standards and access multiple applications including the Department of Justice (DOJ) approved network. To maintain standardization of data reporting and communication between County and City law enforcement, the current MC75 devices utilized by the Temecula Police Department, Traffic Division, will be replaced with the purchase of sixteen (16) Getac T800 Mini Rugged Tablets. The Temecula Police Department has determined the rugged mini tablet as the best option for traffic division field operations. On April 7, 2017, City Staff solicited quotes from licensed dealers for the procurement of 16 Getac T800 Mini Rugged Tablets and associated equipment. A total of three (3) quotes were received and ranked as follows: 1. Golden Star Technology, Inc. (GST) $68,764.76 2. CDCE, Inc. $73,213,45 3. Portable Computer Systems, Inc. DBA: PCS Mobile $76,598.35 As indicated, the successful bidder is Golden Star Technology, Inc. (GST) and Staff recommends approval of the purchase. FISCAL IMPACT: Adequate funds are available for the purchase in the Temecula Police Department Fiscal Year 16/17 Operating Budget. ATTACHMENT: Golden Star Technology, Inc. Quote 133; Mae, lAlly' C:1roi a CA 9:":179 www vstr,s cnn� #40.2+66,4 01 - GETAC T800 County of Riverside - Sheriff 1500 Castellano Road Riverside, CA 92509 Erik Lue eiue@riversIdesher ff org Qu . '? Infnnriatiun: Quote p: 006343 Verson 1 Quote Date 03/17/2017 Expiration Date 03/30/2017 Hardware line Item Des( tip tipr: Pnr._. Cit/ Ext Price 1 T06822GA5GXF T800 G2 Premium USA - Intel Atom Processor x7-2.8700 1.6 GHz, 8.1"+Webcem, Microsoft Windows 10 Professional x64 with default RAM 8GB, 128GB eMMC, Sunlight Readable (LCD+Dual mode Touchscreen and Digitizer), Multi Language+US Power, 8M Rear Camera, Wifi+BT 2 GMHSXA T800 Hand strap (for SnapBack - Smartcard/ MSR Reader) 3 GAD3L1 Getac Vehicle Adapter - 12 V DC Input Voltage 4 GBS4X1 Getac SnapBeck Add-on: Extended Battery - 2100 mAh 5 GDOFUA Getac Cradle - Docking - Tablet PC - Charging Capability 6 GDVMG3 Getac Gamber Johnson Docking Station - for Tablet PC - Proprietary - Docking 7 GMPDX2 Getac Digitizer pen - Tablet Device Supported 8 GMPFX8 Getac Screen Protection Film Clear - LCD Tablet PC 9 GAA6U4 65W AC ADAPTER & POWER CORD (SPARE) 10 GBM4X1 Getac Main Battery 4 -Cell 4200mAh - 4200 mAh 11 GE-SVCRNFXSY Bumper -to -Bumper + Extended Warranty - Compact Rugged (Year 1,2,3,4 & 5) 12 ZQ52-AUE0000- Zebra ZQ520 Direct Thermal Printer - Monochrome - Portable 00 - Receipt Print - 4.09" Print Width - 5 in/s Mono - 230 dpi - 512 MB - Bluetooth - USB - Receipt, Tag - 2.24" Roll Diameter - 4.45" Label Width - 39" Label Length 13 AK18913-002 Zebra AC Adapter - For Printer $1,893 CO 540.00 595 CO $150.00 $30C 50 $158 50 545 00 $37 50 S7C CO $110.00 551740 $622.65 $62 50 16 16 16 16 16 16 16 16 16 16 16 12 12 $30,288 00 5640.00 $1,52C CO 52,400 00 54,808 00 $2,536 CO $720.00 $600.00 $1,12c 00 51,760.00 58,278 40 57,471.80 $750.00 1337 Walker Lane Corona, CA 92879 www gstes COM 951.340.2669 a Hardware Line Item Description Price Qty Ext Price, 14 Z1AE-ZQ5X-3C0 3YR 3DAY TAT NA MX/5DAY TAT ROW ESSEN ONECARE ZQ511 1Q520 PURCH W/I E -Waste 2017 $13C CO 12 $1,56C 00 $64,452.20 Line Item Description Price Qty Fxt Pnce 1 E -Waste -4-14 More than 4 inches but less then 15 inches $5001 16 [ $8C CO $80.00 Quote Summary Description Amount Hardware E -Waste 2017 564,452 20 580 00 $64,532.20 $4,232.56 $68,764.76 TERMS AND CONDITIONS Ail prices and descrot:ons are subject to change without notice THIS PRICE UST IS A QUOTATION ONLY AND IS NOT AN ORDER OR OFFER TO SELL No contract for sale will exist unless and until a purchase order has been issued by you and accepted by Golden Star Technology inc ("GST") Acceptance by GST of any offer is expressly conditioned upon your assent to the Terms and Conditions of Sale set forth in GST's Invoices The prices contained in this list may not be relied upon as the price at which GST will accept an offer to purchase products unless expressly agreed to by GST in writing Products quoted were selected by GST based on specificarons available at the time of the quotation. and are not guaranteed to meet bid specifications Product specifications may be changed by the manufacturer without notice It s your responsibility to verify product conformance to specifications of any subsequent contract Ail products are subject to availability from the manufacturer The freight costs listed are estimates Shipping costs may vary based on time of purchase, quantity ordered, shipment carrier and warehouse sourced Actual shipping costs will be calculated during shipment and will be reflected on your invoice For hardware product(s), manufacturer warranty will begin upon physical delivery of the hardware products(by) by the customer or GST warehouse For software product(s1, the manufacturer warranty will begin upon electronic or physical receipt of the software product(s) by you or GST GST is not responsible for compliance with regulations, requirements or obligations associated with any contract resulting from this quotation unless said regulations, requirements or obligations have been passed to GST and approved in writing by an authorized representative of GST Quote 8006343 vl 1337 ma, I.anr, Corr>rtd, CA 9 5?9 WWW gitf'Y.(orri 951-340-2669 • • Customer Signature Quote 4006343 vl 7 42TGST Date Page 3 of 3 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: May 9, 2017 SUBJECT: Approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2017 Temecula Valley Balloon and Wine Festival (At the Request of Economic Development Committee Members Comerchero and Edwards) PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: That the City Council approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for $27,000 cash, in-kind promotional services and the use of the conference center for two volunteer training days valued at $3,865, and the use of traffic control devices valued at $3,200 for the 2017 Temecula Valley Balloon & Wine Festival being held June 2 — 4, 2017. BACKGROUND: The Temecula Valley Balloon & Wine Festival (TVBWF) continues to be a popular, signature event that attracts thousands of residents and visitors including a growing market of out of state attendees. The Temecula Valley Balloon & Wine Festival is held annually at Lake Skinner Recreation area. The event features morning balloon launches, evening balloon glows, wine tasting, wine competition and numerous food vendors. Local and regional breweries are also involved providing beer tasting and food pairings. Each day/evening music concerts are held featuring many different genres and popular talents. The Event includes one of the largest local arts and craft fairs, kids fair, plus local and regional commercial product vendors. The Economic Development Committee of the City Council (Mayor Edwards and Council Member Comerchero) met on March 22, 2016 to review the sponsorship funding requests for Fiscal Year 2016-2017 and recommended continued support of the event. The Festival, through advertising and the event itself, increases local spending and generates overnight stays at our local hotels. No commissions, consultant fees and/or salaries will be paid to any party utilizing the City of Temecula's sponsorship funding. The City will also be listed as the event's Premier Sponsor and will be provided maximum advertising opportunities that benefit the City. The Festival's marketing program includes: media kits, press releases, photos and commercials plus promotions on radio stations that reach Riverside, Orange, Los Angeles and San Diego Counties; local cable television advertising; collateral materials and an aggressive publicity campaign targeting these same areas using newspapers, magazines and major television network news outlets. In addition, the Festival maintains their website and capitalizes on social media outlets like Facebook and Twitter to impact social networking and provide information on the event and entertainment schedules. Pursuant to prior year funding agreements, the TVBVVF submitted audited financial statements for their fiscal year ending June 30, 2016, which covers the operations of the 2016 festival. The independent auditor report did not make any findings and determined that the "...the financial statements... present fairly, and in all material respects, the financial position of the Temecula Valley Balloon & Wine Festival as of June 30, 2016, ... in accordance with accounting principles generally accepted in the United States of America." The City's Finance Director reviewed the submitted report and concurred with the findings. FISCAL IMPACT: Adequate funds for the $27,000 sponsorship have been included in the Fiscal Year 2016-17 Economic Development operating budget. There is no fiscal impact associated with the promotional support and use of traffic control devices. The promotional services are valued at $3,865 and rental of similar devices would be valued at $3,200. ATTACHMENTS: Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this 9th day of May , 2017, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and 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 June 2, 3 & 4, 2017. The Event is a special event which is located at Lake Skinner Recreation area located in the unincorporated area of Riverside County/Temecula Valley. b. The Event includes, morning balloon launches, evening balloon glows, wine tasting from more than 10 wineries, wine competition, food and wine pairiang, beer tasting from local brewers, food and beer pairing and concerts featuring a variety of genre's each day/evening. The event will also include an arts & crafts fair, kids fair and commercial product vendors including local/regional vendors. 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 May 9, 2017, 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. 3. CONSIDERATION a. In exchange for providing the Nonprofit with use of City traffic control devices valued at an amount not to exceed Three Thousand Two Hundred Dollars and No Cents ($3,200.00), use of the conference center for two training courses for volunteers valued at an amount not to exceed Seven Hundred Fifty Dollars and No Cents ($750.00); and in-kind promotional services valued at an amount not to exceed Three Thousand One Hundred Fifteen Dollars and No Cents ($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 Twenty Seven Thousand Dollars and No Cents ($27,000.00) cash which will be allocated to pay for the Temecula Valley Balloon and Wine Festival. In the event the City replaces Temecula Valley Balloon and Wine Festival steet pole banners, the cost to do so will be deducted from the cash funding. c. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. 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 The Nonprofit shall provide a copy of the consolidated, audited financial statements of the Event of which the Nonprofit is a part. These consolidated financial statements will be audited by an independent certified public accountant and shall include the Event. The Audit shall be conducted on an every other year basis. The Temecula Valley Balloon and Wine Festival submitted an audit for the 2016 event therefore an audit is not required for the 2017 event. 6. MEETING ATTENDANCE City Public Safety Staff shall attend all Temecula Valley Balloon and Wine Festival 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 May 9, 2017, 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. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: Assistant City Manager 41000 Main Street Temecula, CA 92590 The Temecula Valley Balloon & Wine Festival Association Attn: Andrea Jacobson 41755 Rider Way, Unit 1 Temecula, CA 92590 13. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. 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. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Temecula Valley 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: Maryann Edwards, Mayor ATTEST: Andrea Jacobson, Executive Director By: By: Randi Johl, City Clerk Scott Soares, Chairman APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Temecula Valley Balloon & Wine Festival Association Andrea Jacobson 41755 Rider Way, Unit 1 Temecula, CA 92590 951-676-6713 andrea@tvbwf.com PM Initials: `e Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PREMIER SPONSOR In exchange for providing in-kind city-support services and $27,000 cash funding the citizens of the City of Temecula shall receive the following benefits: Temecula Valley Balloon & Wine Festival 2017 Premier Sponsorship details attached herto as though set forth in full. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS The City of Temecula shall provide Economic Development Funding in the amount of Twenty Seven Thousand Dollars and No Cents ($27,000.00) to the Temecula Valley Balloon & Wine Festival Association. In the event the City replaces Temecula Valley Balloon and Wine Festival street pole banners, the cost to do so will be deducted from the cash funding. In no event shall the Public Works City Support Costs exceed $3,200.00. ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Temecula Valley Balloon & Wine Festival is as follows: Item Value Auto Mall Marquee $3,115.00 Conference Center $ 750.00 Total: $3,865.00 Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas Director of Public Works / City Engineer DATE: May 9, 2017 SUBJECT: Approve the First Amendment to the Agreement for Contractor Services with St. Francis Electric, LLC for On -Call Traffic Signal Maintenance Services PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Contractor Services with St. Francis Electric, LLC, in the amount of $50,000, for On -Call Traffic Signal Maintenance Services. BACKGROUND: In July 2016, the City Manager executed an Agreement with St. Francis Electric, LLC, in the amount of $30,000, for on-call traffic signal maintenance services. St. Francis Electric, LLC provides on-call support services to the City's traffic signal maintenance staff in emergency situations to repair traffic signal pole knockdowns, replace traffic signal equipment, install and repair traffic signal wiring and vehicle detectors, and repair and replace street light and street name sign fixtures. Staff recommends extending the term of the agreement to June 30, 2018 and increasing the Agreement in the amount of $50,000, for a total Agreement amount of $80,000. FISCAL IMPACT: Adequate funds are currently available in the Department of Public Works Operating Budget for the remainder of Fiscal Year 2016-17. Additional funds will be requested in the Department's Operating Budget for Fiscal Year 2017-18. ATTACHMENT: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ST. FRANCIS ELECTRIC, LLC ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and St. Francis Electric, LLC, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2016, the City and Contractor entered into that certain Agreement entitled "Agreement for On -Call Traffic Signal Maintenance Services," in the amount of $30,000. b. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $50,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars ($50,000), for additional on-call traffic signal maintenance services, for a total Agreement amount of Eighty Thousand Dollars ($80,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ST. FRANCIS ELECTRIC, LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR: St. Francis Electric, LLC Guy Smith, Vice President Andy Amador, Vice President Attn: Andy Briones, Project Engineer 975 Carden Street San Leandro, CA 94577 510-639-0639 abriones@sfe-inc.com 2 PM Initials: Date: ATTACHMENT A 7mrrr! (c(-1111, City of Temecula On -Call Traffic Signal Maintenance Service Billing Rate Schedule 2017-2018 Labor 2017-2018 2017-2018 C PI Increase .6% item # item Description Unit Straight Time Overtime Premium 1 Superintendent HR $ 89.67 $ 120.84 4 152.85 2 Traffic Engineer HR $ 159.00 $ 212.00 $ 265.00 3 Laboratory Technician HR $ 83.25 NIA N/A 4 Maintenance Technician - Lead HR $ 83.25 $ 111.64 $ 140.03 5 Maintenance Technician HR $ 83.25 $ 111.64 $ 140.03 6 Service Laborer HR $ 58.90 $ 90.10 $ 111.30 7 Safety Light Technician HR $ 83.25 $ 111.64 4 140.03 Earuroment Item 11 item Description Unit Cost 8 Service Truck HR $ 21.20 9 Boom Ladder Truck HR S 28.62 10 Crane Truck HR $ 66.78 11 Dump Truck HR $ 26.50 12 Jack HammerfCompressor HR $ 15.90 13 Arrow Board HR $ 5.30 too p Replacement 14 Loop 6x6 Round Type E qty 1-6 (same I/6 location} 15 Loop 6x6 Round Type E qty 7+(same I1S location) 16 Loop 6x6 Round Type D qty 1-6 (same US location) 17 Loop 6x6 Round Type D qty 7+(same 1/6 location} per 742.00 per 450.50 per $ 795,40 per $ 477.00 Materials 18 Materisi Mark Up 1 15% Regular Business Hours are Monday through Friday 7:30 am to 4:00 pm Over Time and Premium Time would be billed for any work completed outside of these hours. Holidays and Sunday are billed as Premium Time; all time is billed per the DIR requirements. Calls are billed for Port to Port. 3 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 9, 2017 SUBJECT: Approve the Amendments to Annual Agreements for Fiscal Year 2017-18 for Routine Maintenance and Emergency Services for Various Operational Needs by the Department of Public Works, Maintenance Division PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the City Council approve the following Amendments to the Annual Agreements for Fiscal Year 2017-18, in the amounts stated below, for Routine Maintenance and Emergency Services for Various Operational Needs by the Department of Public Works, Maintenance Division, including repairs to the HVAC system, general contracting, elevators, roofing, plumbing, painting, fencing, tree trimming, street signs, and janitorial services: ABM Building Services, LLC Sixth Amendment $200,000 All American Asphalt Third Amendment $50,000 Craftsmen Plumbing Heating & Cooling, Inc. Fourth Amendment $300,000 Main Street Signs Third Amendment $75,000 Moore Fence Company, Inc. Second Amendment $50,000 Pacific Hydroblasting, Inc. Second Amendment $100,000 ThyssenKrupp Elevator Corporation Third Amendment $45,000 VN Enterprises, Inc. Third Amendment $100,000 West Coast Arborists, Inc. First Amendment $400,000 Aztec Landscaping, Inc. dba Aztec Janitorial, Inc. First Amendment $105,000 BACKGROUND: The City Council previously approved agreements with the above listed companies to provide preventive maintenance, on-call services, and/or product. The original agreements with these companies allow for term extensions for continued services. Each company has responded in a timely manner when requested, provided an economical means of completing the necessary work, and performed satisfactorily. Therefore, staff is recommending agreement extensions for each vendor. FISCAL IMPACT: Adequate funds will be requested in the Department of Public Works, Maintenance Division for Fiscal Year 2017-18 Operating Budget. Adequate funds are allocated from the corresponding budget accounts. ATTACHMENTS: 1. ABM Building Services, LLC (Sixth Amendment) 2. All American Asphalt (Third Amendment) 3. Craftsmen Plumbing Heating & Cooling, Inc. (Fourth Amendment) 4. Main Street Signs (Third Amendment) 5. Moore Fence Company, Inc. (Second Amendment) 6. Pacific Hydroblasting, Inc. (Second Amendment) 7. ThyssenKrupp Elevator Corporation (Third Amendment) 8. VN Enterprises, Inc. (Third Amendment) 9. West Coast Arborists, Inc. (First Amendment) 10. Aztec Landscaping, Inc. dba Aztec Janitorial, Inc. (First Amendment) SIXTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ABM BUILDING SERVICES, LLC HEATING VENTILATION AND AIR CONDITIONING MAINTENANCE SERVICES THIS SIXTH AMENDMENT is made and entered into as of May 9, 2017 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and ABM Building Services, LLC, a Limited Liability Company (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2013, the City and Contractor entered into that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services," in the amount of $84,303. b. On April 1, 2014, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services," in order to change the Company name. The Amendment is pursuant to notification received by ABM Building Services, LLC of their acquisition of Alpha Mechanical. Inc., effective as of March 1, 2014. All others terms and conditions of the Agreement remain unchanged. c. On May 13, 2014, the City and Contractor entered into the Second Amendment to that certain Agreement entitled " Agreement for Heating Ventilation and Air Conditioning Maintenance Services" to add scope of work, extend the term of the agreement to June 30, 2015, increase the payment in the amount of $84,303. d. On November 18, 2014, the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services" to add scope of work, increase the payment in the amount of $39,982. e. On May 12, 2015, the City and Contractor entered into the Fourth Amendment to that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services" add scope of work, add the Prevailing Wage and DIR clauses, extend the term of the agreement to June 30, 2016, and increase the payment in the amount of $84,303. f. On May 10, 2016, the City and Contractor entered into the Fifth Amendment to that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services" add scope of work, extend the term of the agreement to June 30, 2017, and increase the payment in the amount of $100,000. g. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as 1 This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Sixth Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000) for additional Heating Ventilation and Air Conditioning Maintenance Services for a total Agreement amount of Five Hundred Ninety Two Thousand Eight Hundred Ninety One Dollars ($592,891). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ABM Building Services, LLC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Mark Swearingen, V.P./General Manager ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR James Egan, Vice President ABM Building Services, LLC. Contact Person: James Egan 3585 Corporate Ct. San Diego, CA 92123 Phone Number: (858) 279-1300 3 PM Initials: Date: THIRD AMENDMENT TO NON-EXCLUSIVE COMMODITY AGREEMENT BETWEEN CITY OF TEMECULA AND ALL AMERICAN ASPHALT HOT MIX ASPHALT AND SS1H EMULSION TACK THIS THIRD AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and All American Asphalt, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 27, 2014, the City and Contractor entered into that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack," in the amount of $200,000. b. On May 12, 2015, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack," to add scope of work, extend the term of the agreement to June 30, 2016, increase the payment in the amount of $100,000. c. On May 10, 2016, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack," to extend the term of the agreement to June 30, 2017, increase the payment in the amount of $50,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, and increase the payment in the amount of $50,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Fifty Thousand Dollars ($50,000), for additional Hot Mix Asphalt and SS1H Emulsion Tack for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ALL AMERICAN ASPHALT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Edward J. Carlson, Vice President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Michael Farkas, Secretary All American Asphalt Contact Person: Cody Gawryluk 400 E. Sixth St. Corona, CA 92878 Phone Number: (951) 736-7600 Fax Number: (951) 736-7646 cgawryluk@allamericanasphalt.com 2 PM Initials: Date: L FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CRAFTSMEN PLUMBING HEATING & COOLING, INC. ROUTINE MAINTENANCE SERVICES THIS FOURTH AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Craftsmen Plumbing Heating & Cooling, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Services," in the amount of $120,000. b. On February 23, 2016, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to increase the payment in the amount of $60,000. c. On May 10, 2016, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $200,000. d. On April 11, 2017, the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services" to increase the payment in the amount $80,000. e. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $300,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, 1 other than the payment rates and schedule of payment, are null and void. The Fourth Amendment amount shall not exceed Three Hundred Thousand Dollars ($300,000), for additional routine maintenance services for a total Agreement amount of Seven Hundred Sixty Thousand Dollars ($760,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Craftsmen Plumbing Heating & Cooling, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Denny McKee, President Laura McKee, Treasure Craftsmen Plumbing Heating & Cooling, Inc. Contact Person: Denny McKee 27636 Ynez Rd Temecula, CA 92591 Phone Number: (951) 676-6838 3 PM Initials: Date: THIRD AMENDMENT TO THE NON-EXCLUSIVE COMMODITY AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS CITY STREET NAME SIGNS THIS THIRD AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Main Street Signs, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 27, 2014, the City and Contractor entered into that certain Agreement entitled "Agreement for City Street Name Signs," in the amount of $100,000. b. On May 12, 2015, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for City Street Name Signs," to add scope of work, extend the term of the agreement to June 30, 2016, increase the payment in the amount of $100,000. c. On May 10, 2016, the City and Contractor entered into the Second Amendment to that that certain Agreement entitled "Agreement for City Street Names Signs," to extend the term of the agreement to June 30, 2017, and increase the payment in the amount of $75,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $75,000 and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Seventy Five Thousand Dollars ($75,000), for additional City Street Name Signs for a total Agreement amount of Three Hundred Fifty Thousand Dollars ($350,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MAIN STREET SIGNS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Chuck Atha, President Charles Atha, Vice President MAIN STREET SIGNS Contact Person: Chuck Atha 1211 W. Brooks St. Suite A Ontario, CA 91762 Phone Number: (909) 391-0988 2 PM Initials: Date: L SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MOORE FENCE COMPANY, INC. FENCING MAINTENANCE SERVICES THIS SECOND AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Moore Fence Company, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Fencing Maintenance Services," in the amount of $100,000. b. On May 10, 2016, the City and Contractor entered into the First Amendment to that certain Agreement entitled " Agreement for Fencing Maintenance Services," to extend the term of the agreement to June 30, 2017, and increase the payment in the amount of $35,000. c. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $50,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Fifty Thousand Dollars ($50,000), for additional fencing maintenance services for a total Agreement amount of One Hundred Eighty Five Thousand Dollars ($185,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Moore Fence 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: Maryann Edwards, Mayor ATTEST: Scott Moore, President By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Moore Fence Company, Inc. Contact Person: Scott Moore 280 E. First St. Perris, CA 92570 Phone Number: (951) 718-9777 2 PM Initials: Date: L 2012 Annual Minutes of MOORE FENCE COMPANY, INC. 280 East 1st Street, Perris, CA 92570 MINUTES OF ANNUAL MEETING OF SHAREHOLDERS OF MOORE FENCE COMPANY, INC. The annual meeting of the Shareholders of MOORE FENCE COMPANY, INC., (the "Corporation") was held on APRIL 15, 2012 as set forth in the written waiver of notice signed by the Shareholders. The meeting was called to order by SCOTT A. MOORE, the President of the Corporation. There were present at the meeting: SCOTT A. MOORE being all the Shareholders of the Corporation. Upon motion duly made, seconded and unanimously carried, it was RESOLVED, that the persons listed below be, and they hereby are, elected as Directors and Officers of the Corporation which they have previously agreed to accept and to serve until the next annual meeting of Shareholders, until their successors are duly elected and qualify: President SCOTT A. MOORE Secretary SCOTT A. MOORE Treasurer SCOTT A. MOORE RESOLVED FURTHER, That the Secretary of the Corporation is required to file or cause to be filed with the office of the Nevada Secretary of State the Annual List of Officers, stating and recording the officers of the Corporation, pursuant to Nevada Corporations Code, copy of said filing to be placed in the Corporations record book. The Secretary further reported that the Agent for Service of Process for the Nevada Corporation is; Kingdom Consulting, Inc. 1432 Iron Hills Lane Las Vegas, NV 89134 RESOLVED, That the President further reported pursuant to Title 7 of the Nevada Revised Statutes, the Corporation has complied and filed Nevada State Business License along with the fees paid to the Nevada Secretary of State, Copy of said filing is being placed in the Corporations Record Book. RESOLVED, being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting was adjourned. SCOTT A. MOORE, Secretary Minutes Approved: SCOTT A. MOORE, Director SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PACIFIC HYDROBLASTING, INC. PAINTING MAINTENANCE SERVICES THIS SECOND AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Pacific Hydroblasting, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Painting Maintenance Services," in the amount of $75,000. b. On May 10, 2016, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Painting Maintenance Services," to extend the term of the agreement to June 30, 2017, increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June, 30 2018, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000), for additional painting maintenance services for a total Agreement amount of Two Hundred Seventy Five Thousand Dollars ($275,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA PACIFIC HYDROBLASTING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: Glen A. Probasco, President/CFO By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Pacific Hydroblasting, Inc. Contact Person: Glen A. Probasco 27475 Ynez Rd. Temecula, CA 92591 Phone Number: (951) 514-9258 Fax Number: (951) 296-0891 sprobasco@pachb.com 2 PM Initials:* -0, Date: l.. PACIFIC HYDROBLASTING, INC. a California corporation ACTION BY THE BOARD OF DIRECTORS BY UNANIMOUS WRITTEN CONSENT January 19, 2015 The undersigned, being the sole member of the Board of Directors of PACIFIC HYDROBLASTING, INC., a California corporation (the "Corporation"), consents to the following action of the Board of Directors by unanimous written consent in lieu of the annual meeting of Directors, pursuant to California Corporations Code Section 307(b): Election of Officers The following person was elected to the officer positions indicated after his name to serve in accordance with the Bylaws of the Corporation. Glen A. Probasco President, Chief Financial Officer and Secretary Glen AProl�ajco, Director THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND THYSSENKRUPP ELEVATOR CORPORATION ELEVATOR MAINTENANCE AND MONITORING SERVICES THIS THIRD AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and ThyssenKrupp Elevator Corporation, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 10, 2014, the City and Contractor entered into that certain Agreement entitled "Agreement for Elevator Maintenance and Monitoring Services," in the amount of $40,000. b. On May 12, 2015, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Elevator Maintenance and Monitoring Services," to extend the term of the agreement to June 30, 2016, add the Prevailing Wage and DIR clauses, and increase the payment in the amount of $40,000. c. On May 10, 2016, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Elevator Maintenance and Monitoring Services," to extend the term of the agreement to June 30, 2017,and increase the payment in the amount of $45,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $45,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Forty Five Thousand Dollars ($45,000), for additional Elevator Maintenance and Monitoring Services for a total Agreement amount of One Hundred Seventy Thousand Dollars ($170,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA THYSSENKRUPP ELEVATOR CORPORATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Bradley Kiehl, Contract Analyst Randi Johl, City Clerk Katelyn Shepherd, Business Development Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR ThyssenKrupp Elevator Corporation Contact Person: Katelyn Shepherd 1601 S. Sunkist St. Suite E Anaheim, CA 92806 Phone Number: (866) 768-8620 2 PM Initials: Date: �� y L THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND VN ENTERPRISES, INC. ENGINEERED WOOD PLAYGROUND FIBER IN PARK PLAY AREAS AND GENERAL MULCH IN LANDSCAPE AREAS THIS THIRD AMENDMENT is made and entered into as of May 9, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and VN Enterprises, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On February 24, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Areas and General Mulch in Landscape Areas," in the amount of $100,000. b. On May 12, 2015, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Areas and General Mulch in Landscape Areas," to add scope of work, add the Prevailing Wage and DIR clauses, extend the term of the agreement to June 30, 2016, and increase the payment in the amount of $125,000. c. On May 10, 2016, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Areas and General Mulch in Landscape Areas," to extend the term of the agreement to June 30, 2017, and increase the payment in the amount of $35,000. d. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, 1 other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000), for additional for engineered wood playground fiber in park areas and general mulch in landscape areas for a total Agreement amount of Three Hundred Sixty Thousand Dollars ($360,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA VN ENTERPRISES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Suzanna Viramontes, President Kent Norming, CFP/Secretary VN Enterprises, Inc. Contact Person: Peggy Ward 5198 Arlington Ave Suite 325 Riverside, CA 92504 Phone Number: (877) 256-9639 Fax Number: (949) 366-3052 peggy@mulch-master.com 3 PM Initials: Date: L FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. CITYWIDE TREE TRIMMING MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 9 2017 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and West Coast Arborists, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2016, the City and Contractor entered into that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," in the amount of $500,000. b. The parties now desire to extend the term of the agreement to June 30, 2018, increase the payment in the amount of $400,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Four Hundred Thousand Dollars ($400,000), for additional Citywide tree trimming maintenance services for a total Agreement amount of Nine Hundred Thousand Dollars ($900,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA WEST COAST ARBORISTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Patrick Mahoney, President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Richard Mahoney, Vic President West Coast Arborists, Inc. Contact Person: Patrick Mahoney 2200 E. Via Burton Street Anaheim, CA 92806 Phone Number: (714) 991-1900 Fax Number: (714) 956-3745 2 PM Initials: Date: (- FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND AZTEC LANDSCAPING, INC. D/B/A AZTEC JANITORIAL, INC. JANITORIAL SERVICES FOR PARK RESTROOMS AND PICNIC GAZEBO/SHELTERS THIS FIRST AMENDMENT is made and entered into as of May 9, 2017 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Aztec Landscaping, Inc. d/b/a Aztec Janitorial, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2016, the City and Contractor entered into that certain Agreement entitled "Agreement for Janitorial Services for Park Restrooms and Picnic Gazebo/Shelters," in the amount of $73,652.52. b. The parties now desire to extend the term of the agreement to June 30, 2018, and increase the payment in the amount of $105,000 and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed One Hundred Five Thousand Dollars ($105,000), for additional Janitorial Services for Park Restrooms and Picnic Gazebo/Shelters for a total Agreement amount of One Hundred Seventy Eight Thousand Six Hundred Fifty Two Dollars and Fifty Two Cents ($178,652.52). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Aztec Landscaping, Inc. d/b/a Aztec Janitorial (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Genaro Garcia, President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Maricela Grismer, V.P of Operations Aztec Landscaping, Inc. d/b/a Aztec Janitorial Contact Person: Maricela Grismer 7980 Lemon Grove Way Lemon Grove, CA 91945 Phone Number: (619) 464-3303 marcy@azteclandscaping.com 2 PM Initials: Date: c Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 9, 2017 SUBJECT: Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Accept the Improvements of the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15, as complete; 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; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On August 9, 2016, the City Council awarded a Construction Contract to Haitbrink Asphalt Paving, Inc., in the amount of $218,299.50, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $21,829.95. The project rehabilitated the pavement on Overland Drive between Jefferson Avenue and Commerce Center Drive. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from February 9, 2017, the date the work was substantially complete. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive) project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2017-21, and is funded with Measure A and General Fund Contributions. The original Contract amount was $218,299.50. There are two Contract Change Orders totaling $11,343.79, which resulted in a final contract amount of $229,643.29. Sufficient funds are available in the Pavement Rehabilitation Program account to cover the increase. FISCAL IMPACT: There is no fiscal impact as a result of the acceptance of the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Haitbrink Asphalt Paving, Inc., 1480 Magnolia Avenue, Corona, California. 92878 to perform the following work of improvement: PAVEMENT REHABILITATION PROGRAM — OVERLAND DRIVE (Jefferson Avenue to Commerce Center Drive) PROJECT NO. PW12-15 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on May 9, 2017. That upon said contract Developers Surety and Indemnity, 1771 Cowan, Suite 100, Irvine, California 92614, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PAVEMENT REHABILITATION PROGRAM — OVERLAND DRIVE (Jefferson Avenue to Commerce Center Drive) PROJECT NO. PW12-15 6. The location of said property is: Overland Drive between Jefferson Avenue and Commerce Center Drive, Temecula, California. Dated at Temecula, California, this 9th day of May, 2017. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 9th day of May, 2017. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for PAVEMENT REHABILITATION - OVERLAND DRIVE (Jefferson Avenue to Commerce Center Drive) PROJECT NO. PW12-15 This is to certify that t kv (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT REHABILITATION - OVERLAND DRIVE (Jefferson Avenue to Commerce Center Drive), PROJECT NO. PW12-15, situated in the City of Temecula, State of California, more particularly described as follows: OV -1.-Y1 bY-\\)-e- 4,- ¥x/C. Ma /-M _ m � � AD RESS OR DESCRIBE LOCATION OF WORK l_ LSY71 e -A -►L t +A 1Z=1 e . P } 2 —1 The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute I 1'4A-7 Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated By GONTRACTOf : Signature Print Name Name and Title RELEASE R-1 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 3RQ6ORM_ MAINTENANCE BOND for PAVEMENT REHABILITATION — OVERLAND DRIVE (Jefferson Avenue to Commerce Center Drive) PROJECT NO. PW12-15 KNOW ALL PERSONS BY THESE PRESENT THAT Haithrini P wing A phalt,Lnc 148QMa. rioiia A r .,—rnnaCA 92P7R NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) fl velnpers Surety and Indeminity 1771 Cowan, Suite 100 Irvine, CA_ 92614 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum Of Twenty -Two Thousand, Nine Hundred Sixty -Four DOLLARS AND 33/100 CENTS ($22,964.33 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 9th day of August , 2016 , a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION — OVERLAND DRIVE (Jefferson Avenue to Commerce Center Drive), PROJECT NO. PW12-15. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 9th day of February , 20 17 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB -1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this cath day of Gohrii inr , , 20 17 . (Seal) SURETY: D elopers Suret and Indemnity Company PRINCI'AL: I-ipitbrink Asphalt Paving, Inc. By: Chris Thevenv (Name) Attornev-In-Fact By: I L J L � Brett— (L.L4t (Name) (Title) (Title) APPROVED AS TO FORM Peter M. Thorson, City Attorney 0-7 (Name) W (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB -2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 Orange On FEB 0 9 2017 Date } before me, Deborah Jean Gibbons , Notary Public, personally appeared Chris Theveny Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) IplabMIAMIIIIMISII ",'•f. DEBORAH JEAN GIBBONS vs r fr f N. COMM.12117522 • �j .", NOTARY PUBLIC • CALIFORNIA a C . �`?� J ORANGE COUNTY ,,,, Aly Comm. Exp. Oct 14. 2020 Place Notary Seal Above 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 Si nature of Notary Pubtjb ,t s i _[�' OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General g Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner 0 Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Debra Bell, Gerald Schumacher, Chris Theveny, Deborah Gibbons, Anthony K.T. Yau, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power ofAttomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Altorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by lacsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April, 2016. By: By: Daniel Young, Senior Vice -President Mark Lansdon, Vice -President State of California County of Orange On K�AND�y m3 GpRQ D'4q�' g 3 OCT. 10 G 1990 Fowl . 'b 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. April 18, 2016 personally appeared Dale before me, Lucille Raymond, Notary Public Here Insert Name and Title of the officer Daniel Young and Mark Lansdon LUCILLE RAYMOND Commission #r 2081945 Notary Public - California Orange County M Comm. Es fres Oct 13 2016 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence 10 be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capactty(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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CERTIFICATE Luckll1';y end, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttomey remains in full force and has not been revoker/ and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the crate of this Certificate. By: This Certificate is executed in the City of Irvine, Califomia, this Cassie sfi CaJ. rrisford, Assistant S Mary ID -1380 (Rev. 04/16) day of FEB 0 9 2017 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 RIVERSIDE } On FEBRUARY 13,2017 before me TAMARA LYNN LAMB, NOTARY PUBLIC , (Here insert name and Idle of tIe Alcor) personally appeared HUNTER HAITBRINK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-)(islare subscribed to the within instrument and acknowledged to me that he/they executed the same iner/their authorized capacity(ies), and that by er/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. TAMARA LYNN LAMB r Commission No.2142397 z �I' NOTARY PUBLIC -CALIFORNIA ♦ ! RIVERSIDE COUNTY INy Cornet ldgpkq FEsi1WRY ft, 2020 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer (Title) ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) o Other 2015 Version wwN.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tliey- is /we ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 6:. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. e Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 RIVERSIDE } On FEBRUARY 14 2017 before me, TAMARA LYNN LAMB, NOTARY PUBLIC , (I -ere Insert name end IGle Dille of Fuer) personally appeared BARBARA HAITBRINK who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is re subscribed to the within instrument and acknowledged to me that hese they executed the same in hi Imo, their authorized capacity(ies), and that by hi 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. Notary Publi 4 (hidtary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses,com 800-873-9865 TAMARA LYNN LAM Commiss4on No.2142397 NOTARYPUBLIC-CALIFORNIA .. RIVERSIDE COUNTY *Comm. bora FEMUM11-11, 2020 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the eonect singular or plural forms by crossing off incorrect forms (i.e. #he/she/they- is /ece ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 9, 2017 SUBJECT: Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Temecula Children's Museum — Roof Rehabilitation, PW 16-02 PREPARED BY: Amer Attar, Principal Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the City Council: 1. Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Temecula Children's Museum — Roof Rehabilitation, PW 16-02; 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The purpose of the Temecula Children's Museum — Roof Rehabilitation project is to replace all built up and shingle roof sections on the Children's Museum roof. The existing roof components are nearing the end of their useful lives and require intensive maintenance and repair annually. The project plans and specifications have been completed and they are ready to be advertised for construction bids. These documents are available for review in the office of the Director of Public Works. The cost estimate for the project is $200,000, and it will take forty-five working days to complete. Public Works staff has coordinated the timing of this project with the Museum staff. The roof replacement work will take place between September 11, 2017 and September 25, 2017. The Museum will be closed during this timeframe. A final reflective coating will be installed thirty days after roofing completion. FISCAL IMPACT: The Temecula Children's Museum - Roof Rehabilitation is included in the City's Fiscal Year 2017-21 Capital Improvement Program under City Facilities Rehabilitation which is funded with general Fund Contributions. Sufficient funds are available in the project accounts. ATTACHMENTS: 1. Project Description 2. Project Location 2019-20 2017-18 Capital Improvement Program Fiscal Years 2017-21 CITY FACILITIES REHABILITATION Infrastructure / Other Project Project Description: This project facilitates rehabilitation projects at City owned and operated facilities such as the Mary Phillips Senior Center, Community Recreation Center, Temecula Elementary School pool and locker room, Civic Center, Field Operations Center, Maintenance Facility, TVE2, Escallier House & Barn, Harveston Center, Mercantile Building, Old Town Parking Garage, Old Town Sixth Street Parking Lot, S.A.F.E., Temecula Children's Museum, Temecula Community Center, Temecula Public Library, Temecula Valley Museum and the Chapel of Memories. The rehabilitation projects could include, but are not limited to, parking lot rehabilitation and light replacements, heating ventilation and air conditioner (HVAC) upgrades, roof repairs, carpet and flooring replacement, cabinet re-facing/replacement, concrete repairs, replacement of fencing and repair of swimming pools. Benefit / Core Value: This project minimizes emergency repair costs, prolongs the service life of facilities, and upgrades aging facility components. In addition, this project satisfies the City's Core Values of Healthy and Livable City and A Safe and Prepared Community. Project Status: A priority list of rehabilitation projects has been developed. Rehabilitation projects are completed on an ongoing basis. Department: Public Works - Account No. 210.165.701 PW 11-06 Level: I Project Cost: Prior Years Actual Expenditures FYE 2016 Carryover Budget 2016-17 Adopted Appropriation 2017-18 Projected 2018-19 Projected 2019-20 Projected 2020-21 Projected and Future Total Project Years Cost Administration $ 104,567 $ 10,217 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 239,784 Construction $ 1,246,789 $ 79,869 $ 200,000 $200,000 $200,000 $200,000 $200,000 $ 2,326,658 Design $ 33,627 $ 24,931 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 183,558 Totals $ 1,384,983 $ 115,017 $ 250,000 $250,000 $250,000 $250,000 $250,000 $ 2,750,000 Source of Funds: Prior Years FYE 2016 2016-17 Actual Carryover Adopted 2017-18 2018-19 2019-20 2020-21 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost General Fund Contributions $ 1,134,983 $ 115,017 $ 250,000 $250,000 $ 1,750,000 DIF (Corporate Facilities) $ 250,000 $ 250,000 Unspecified* $250,000 $250,000 $250,000 $ 750,000 Total Funding: $ 1,384,983 $ 115,017 $ 250,000 $250,000 $250,000 $250,000 $250,000 $ 2,750,000 Future Operation & Maintenance Costs 2016-17 *Project cannot be constructed until a funding source is identified. 2018-19 2020-21 Fiscal Years 2017-21 Capital Improvement Project 91 TIM CITY r)F TEMECULA. 11'i Y W's:rnl.:- PW16-02 Children's Museum Roof Replacement 134.5 0 67i24 134.5 Feet W GS_1984_ Web_ Mercator_ Auxiliary_ Sphere © Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION • Legend • Parcels Highways HWY INTERCHANGE 1 INTERSTATE r OFFRAMP ▪ ONRAMP ▪ USHWY Street Names City of Temecula Boundary Sphere of Influence Notes TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 11 ACTION MINUTES April 25, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:55 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 18 Approve the Action Minutes of April 11, 2017 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 18.1 That the Board of Directors approve the action minutes of April 11, 2017. 19 Approve an Agreement with PGI — Pacific Graphics, Inc. for Theater Printing Services for the Old Town Temecula Community Theater - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 19.1 That the Board of Directors approve the Agreement with PGI — Pacific Graphics, Inc. for printing services for the Old Town Temecula Community Theater, for a three-year term and authorize annual payments not to exceed $20,000. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 042517 1 CSD ADJOURNMENT At 8:00 PM, the Community Services District meeting was formally adjourned to Tuesday, May 9, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 042517 2 Item No. 12 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: May 9, 2017 SUBJECT: Approve Annual Agreements for Services for Various Community Services Department Events, Classes, Programs and Activities for Fiscal Year 2017-18 PREPARED BY: Mylene Waterman, Sr. Administrative Assistant RECOMMENDATION: That the Board of Directors approve the following annual agreements for services for various Community Services Department events, classes, programs and activities for Fiscal Year 2017-18: BAMM Promotional Products, Inc. Anthony J. Moramarco dba Bigfoot Graphics Nicholas Tierce Timmy D' Productions, Inc. Valley Events, Inc. $40,000 $50,000 $50,000 $80,000 $50,000 Event/program promotional items Event/program services Graphic design and videography Entertainment/technical services Entertainment/event rentals BACKGROUND: The Community Services Department is proud of the wide range of programs, events, and activities we are able to offer. Each year the Department contracts with several vendors to provide support services in conjunction with these programs, events, and activities. Reliable vendors are essential to the success, integrity and reliability of superior quality programming. These vendors have proven reliable and dedicated to assisting the City through their individual fields of expertise. FISCAL IMPACT: 2017-18 Annual Operating ATTACHMENTS: Adequate funds have been requested as part of the Fiscal Year Budget. 1. Agreement with BAMM Promotional Products, Inc. 2. Agreement with Anthony J. Moramarco dba Bigfoot Graphics 3. Agreement with Nicholas Tierce 4. Agreement with Timmy D' Productions, Inc. 5. Agreement with Valley Events, Inc. NON-EXCLUSIVE COMMODITY AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND BAMM PROMOTIONAL PRODUCTS, INC. SCREEN PRINTING, EMBROIDERY, ARTWORK, PROMOTIONAL ITEMS THIS AGREEMENT is made and effective as of May 9, 2017, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and BAMM Promotional Products, 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 July 1, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 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 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. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Forty Thousand Dollars and No Cents ($40,000.00) 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 hereof. The execution, delivery and performance of this Agreement by Vendor have been duly 1 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. 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 2 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 General Manager, without default or breach of this Agreement by the City. 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. 3 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 General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES BAMM PROMOTIONAL PRODUCTS, INC. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Dawn Pavlik, President ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General VENDOR Counsel BAMM PROMOTIONAL PRODUCTS, INC. Attn: Dawn Pavlik 26499 Jefferson Avenue, Suite K Murrieta, CA 92592 (951) 296-1733 dawnbammpromos.com 5 PM Initials: Date: C EXHIBIT A Scope of Work / Outline Of Order or Service Procedure Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Vendor, for the purchase of goods or services. The procedure for ordering goods or requesting services is set forth as follows: 1. The Executive Director or his designee shall submit to Vendor a written "Request for Order/Services". The Request for Order/Services shall include a description of the items to be purchased or the services to be completed, the time for delivery or completion of the services, and the plans and specifications for goods and equipment, if any. 2. Within five (5) business days of the date of the Request for Order/Services, Vendor shall respond in writing to the Request for Order/Services and advise the Executive Director or his designee whether the goods are available or services can be performed, along with the cost and estimated delivery or start of services. 3. In the event an emergency or service is required, the Executive Director or his designee may transmit the Request for Order/Services orally to the Vendor. As soon as practical following the emergency, the Vendor and City designee shall in good faith confirm in writing the scope of the emergency order submitted or services undertaken. 4. Upon acceptance of the Vendor's response by the Executive Director or his designee the Vendor shall proceed with the order or begin services. The acceptance of the goods and/or performance of the services shall be pursuant to the terms of this Agreement. 5. Prior to designing the logo, Contractor shall discuss the project and design ideas with authorized City staff; 6. Drafts of the logo design shall be submitted to authorized City staff on or before five business days following the City's selection of final design; 7. A final proof shall be submitted to authorized City staff on or before three business days following the City's selection of the final design; 8. Contractor shall provide City with a hardcopy and electronic version of the logo in camera ready and file transfer format to be used at the sole discretion for the City for current and future use as outlined in Section 8, paragraph B, of this Agreement; 9. Contractor shall design and provide electronic production files of camera ready art for the Community Services Department programs and activity logo types needed; 10. Contractor shall provide various promotional items on an as needed basis; 11. Contractor shall provide screen printed and/or embroidered apparel on an as needed basis. 6 EXHIBIT B Payments Rates and Schedule The procedure for assigning services and Work is set forth as follows: 1. The General Manager, his designee or authorized City staff shall submit to Consultant a written "Request for Services or Work Price Quote". The Request for Services or Work Price Quote shall include a description of the services or Work to be completed, the date requested or the time for completion, specifications, and any other relevant information necessary to provide the services or Work. 2. Within five (5) business days of the date of the Request for Services or Work Price Quote, Consultant shall respond, in writing, to the Request for Services or Work Price Quote via a proposal with a cost quote, including State sales tax as applicable, and advise the General Manager, his designee or authorized City staff whether Consultant can perform the services or Work. 3. Consultant shall not commence the services or Work until such time as directed in writing by the General Manager, his designee or authorized City staff. Upon written acceptance of the proposal and cost quote by the General Manager, his designee or authorized City staff the Consultant shall proceed with the services or Work per the date, specifications, and other requirements outlined in the City Request for Service or Work. The General Manager, his designee or authorized City staff shall request, in writing, services or entertainment required including the type of performance, location of performance, date and time shall be described in detail. The Consultant shall respond, in writing, within five (5) business days of the City Request for Services or Work Price Quote with acceptance and proposal and cost quote. Upon written acceptance of the proposal and cost quote by the General Manager, his designee or authorized City staff the Consultant shall proceed to "book" the event/service/entertainment. Price for services and Work will be as per written cost quote received and approved in advance by the General Manager, his designee, or authorized City staff. Consultant acknowledges all services and work is non-exclusive and shall be provided only as requested by the City, but in no event shall services and Work exceed $40,000 for the total term of this Agreement. The not to exceed purchase amount as listed herein under the "Payment" section is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchased services or Work. 7 AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ANTHONY J. MORAMARCO dba BIGFOOT GRAPHICS PROMOTIONAL, EVENT, GRAPHIC DESIGN, GOODS AND SERVICES THIS AGREEMENT is made and effective as of May 9, 2017 between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Anthony J. Moramarco dba Bigfoot Graphics a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, 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 Fifty Thousand Dollars and No Cents ($50,000) for the total term of 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 General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General 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 General 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. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 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. 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. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Anthony J. Moramarco dba Bigfoot Graphics P 0 Box 1406 Temecula, CA 92593-4444 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 General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Anthony J. Moramarco dba Bigfoot Graphics 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 Anthony J. Moramarco, Owner ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General CONSULTANT Counsel Anthony J. Moramarco dba Bigfoot Graphics P 0 Box 1406 Temecula, CA 92593-4444 (951) 757-0764 tmoramarco@aol.com PM Initials:c Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Consultant recognizes and agrees that this Agreement is for the purposes of establishing a contractual relationship between the City of Temecula and Consultant for providing a variety of non-exclusive services and Work to include, but may not be limited to: 1. Event entertainment; 2. Graphic design and artwork; 3. Logo creation and consultation; 4. Design and production of signs and banners; 5. Design and production of promotional merchandise, apparel, and other goods and services as needed and requested. EXHIBIT B Payments Rates and Schedule The procedure for assigning services and Work is set forth as follows: 1 The General Manager, his designee or authorized City staff shall submit to Consultant a written "Request for Services or Work Price Quote". The Request for Services or Work Price Quote shall include a description of the services or Work to be completed, the date requested or the time for completion, specifications, and any other relevant information necessary to provide the services or Work. 2. Within five (5) business days of the date of the Request for Services or Work Price Quote, Consultant shall respond, in writing, to the Request for Services or Work Price Quote via a proposal with a cost quote, including State sales tax as applicable, and advise the General Manager, his designee or authorized City staff whether Consultant can perform the services or Work. 3. Consultant shall not commence the services or Work until such time as directed in writing by the General Manager, his designee or authorized City staff. Upon written acceptance of the proposal and cost quote by the General Manager, his designee or authorized City staff the Consultant shall proceed with the services or Work per the date, specifications, and other requirements outlined in the City Request for Service or Work. Consultant shall provide electronic production files of camera ready artwork for all graphic design, logo creation, and printing products and Work. Prior to designing any artwork, logo or graphic the Consultant shall discuss project and design ideas with authorized City staff. Drafts of all designs shall be submitted to authorized City staff for selection and input of the final design. Consultant shall provide City staff with a hard copy and electronic version of the final artwork or design in camera ready and file transfer format to be used at the sole discretion of the City for current and future use as outlined in Section 11 of this Agreement. The same process is required for any event services or entertainment. The General Manager, his designee or authorized City staff shall request, in writing, services or entertainment required including the type of performance, location of performance, date and time shall be described in detail. The Consultant shall respond, in writing, within five (5) business days of the City Request for Services or Work Price Quote with acceptance and proposal and cost quote. Upon written acceptance of the proposal and cost quote by the General Manager, his designee or authorized City staff the Consultant shall proceed to "book" the event/service/entertainment. The same process is required for any merchandise ordered by the City from the Consultant. All goods ordered are subject to prior approval and product inspection. The City reserves the right to reject any merchandise that does not meet or conform to specifications, quality expected and/or appropriateness for public distribution. Price for services and Work will be as per written cost quote received and approved in advance by the General Manager, his designee, or authorized City staff. Consultant acknowledges all services and Work is non-exclusive and shall be provided only as requested by the City, but in no event shall services and Work exceed $50,000 for the total term of this Agreement. The not to exceed purchase amount as listed herein under the "Payment" section is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchased services or Work. AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND NICHOLAS TIERCE GRAPHIC DESIGN WORK THIS AGREEMENT is made and effective as of May 9, 2017 between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Nicholas Tierce, a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, 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 Fifty Thousand Dollars and No Cents ($50,000) for the total term of 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 General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General 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 General 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. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 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. 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. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 14. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Nicholas Tierce 51 S Allen Avenue, Apt 1 Pasadena, CA 91106 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 General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES NICHOLAS TIERCE 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 Nicholas Tierce, Owner ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General CONSULTANT Counsel Nicholas Tierce 51 S Allen Avenue, Apt 1 Pasadena, CA 91106 PM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: As directed by the Theater Manager or Patron Services Coordinator and/or Museum Services Manager, Consultant shall: o Design and produce camera-ready art to support the advertising and marketing goal of the Theater and/or Temecula Valley Museum, including but not limited to posters, ads, brochures, and related collateral supporting the Theater's 2016-17 season and Museum projects; o Provide videography, editing and special effects services for Museum oral history video projects, including but not limited to, Temecula Pioneers and Military Veterans; o Coordinate with production companies and other outside sources to acquire design assets as needed; o Maintain an on-going schedule of work and clear status updates with Theater Manager, Patron Services Coordinator and Museum Services Manager; o Provide timely and detailed invoices for services rendered; o Coordinate with printers and other vendors for production and delivery of final products. EXHIBIT B Payment Rates and Schedule Rate: $45.00/hour Schedule: Payment to be made monthly upon receipt of detailed invoices including hours worked and individual project status(es). Other: Approved materials (e.g., stock images) will be reimbursed at cost. NON-EXCLUSIVE AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS, INC. ENTERTAINMENT AND TECHNICAL SERVICES THIS AGREEMENT is made and effective as of May 9, 2017, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Timmy D' Productions, Inc., a Corporation (hereinafter referred to as "Entertainer"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Entertainer shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Entertainer shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Entertainer shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Entertainer shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer hereunder in meeting its obligations under this Agreement. 4. LOCATION AND REALIABILITY OF PERFORMANCE The date, time, and location of Entertainers performance shall be determined at the time of City's request for "Event Price Quote/Agreement". All entertainment shall be provided within City limits. Time and reliability are of the essence in this Agreement. 5. PAYMENT a. The City agrees to pay Entertainer 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 Eighty Thousand Dollars and No Cents ($80,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Entertainer 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 1 receipt of each invoice as to all non -disputed fees. If the City disputes any of Entertainer's fees, it shall give written notice to Entertainer 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, Entertainer shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. NON-EXCLUSIVE AGREEMENT Entertainer understands this is a non-exclusive Agreement between the City and Entertainer and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied. 7. EQUIPMENT/MATERIALS Entertainer(s) shall provide their own sound equipment and any other special equipment and materials that are required for the performance, unless other arrangements are made in writing and approved with the City prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The City reserves the right to inspect all equipment and/or materials being used for any performance. 8. USE OF COPYRIGHTED MATERIAL The Entertainer shall be fully responsible for paying any legally required royalties of fees for the use by the Entertainer of copyrighted material and shall comply at all times with all applicable copyright laws. 9. ASSIGNMENT The Entertainer 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, Entertainers 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 and Entertainer. 10. SUSPENSION, TERMINATION, OR CANCELLATION OF PERFORMANCE AND AGREEMENT WIITHOUT CAUSE a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the General Manager or his delegate without default or breach of this Agreement by the City. The City may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Entertainer at least ten (10) days prior written notice. Upon receipt of said notice, the Entertainer shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates this Agreement, or 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 Entertainer 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 Entertainer will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 2 11. DEFAULT OF ENTERTAINER a. The Entertainer's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Entertainer for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer. If such failure by the Entertainer to make progress in the performance of work hereunder arises out of causes beyond the Entertainer's control, and without fault or negligence of the Entertainer, it shall not be considered a default. b. If the General Manager or his delegate determines that the Entertainer is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Entertainer with written notice of the default. The Entertainer 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 Entertainer 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. 12. INDEMNIFICATION The Entertainer 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 Entertainer's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. INSURANCE REQUIREMENTS Entertainer 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 Entertainer, 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 Entertainer 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 Entertainer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Entertainer shall execute a declaration that it has no employees. 3 b. Minimum Limits of Insurance. Entertainer shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The Entertainer'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. 2) endorsed to state: should will endeavor to mail thirty 3) limits the Entertainer shall notify the City via certified policy. Each insurance policy required by this agreement shall be the policy be canceled before the expiration date the issuing insurer (30) days' prior written notice to the City. If insurance coverage is canceled or, reduced in coverage or in within two (2) business days of notice from insurer phone, fax, and/or mail, return receipt requested of the changes to or cancellation of the 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. Entertainer 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 Entertainer's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 14. INDEPENDENT CONTRACTOR a. Entertainer 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 Entertainer shall at all times be under Entertainer's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer or any of Entertainer's officers, employees, or agents except as set forth in this Agreement. Entertainer 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. 4 Entertainer 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 Entertainer in connection with the performance of this Agreement. Except for the fees paid to Entertainer as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Entertainer for performing services hereunder for City. City shall not be liable for compensation or indemnification to Entertainer for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Entertainer 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 Entertainer 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 Entertainer to comply with this section. 16. RELEASE OF INFORMATION a. All information gained by Entertainer in performance of this Agreement shall be considered confidential and shall not be released by Entertainer without City's prior written authorization. Entertainer, its officers, employees, agents or subcontractors, shall not without written authorization from the General 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 Entertainer gives City notice of such court order or subpoena. b. Entertainer shall promptly notify City should Entertainer, 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 Entertainer and/or be present at any deposition, hearing or similar proceeding. Entertainer agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Entertainer. 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. 17. 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. 5 Mailing Address: To Consultant: 18. LICENSES City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 TIMMY D' PRODUCTIONS, INC. Attn: Timothy Daniels 40345 Calle Torcida Temecula, CA 92591 At all times during the term of this Agreement, Entertainer shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW The City and Entertainer 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. 20. 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 Entertainer, or Entertainer's sub -contractors for this project, during his/her tenure or for one year thereafter. The Entertainer 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 Entertainer or Entertainer's sub -contractors on this project. Entertainer 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. 21. 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. 6 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Entertainer warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer and has the authority to bind Entertainer to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT TIMMY D' PRODUCTIONS, 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: Jeff Comerchero, TCSD President Timothy W. Daniels, President ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General ENTERTAINER Counsel Tori M. Daniels, Vice President TIMMY D' PRODUCTIONS, INC. Attn: Timothy Daniels 40345 Calle Torcida Temecula, CA 92591 8 PM Initials: Date: EXHIBIT A TASKS TO BE PERFORMED Entertainer and/or his sub -contractors shall provide performances, on an as needed basis, upon request of the City of Temecula. Entertainer recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Entertainer for future performances at City events and recreational activities. The procedure for assigning work is set forth as follows: 1. The General Manager and/or the Director of Community Services or their designee's shall submit to the Entertainer a written or verbal request for performance. The type of performance, location, date, and time shall be described or conveyed to the Entertainer. 2. Within five (5) business days of the date of the written or verbal request for performance, the Entertainer shall respond in writing with an event price quote/Agreement. 3. Upon acceptance of the Entertainers response by the General Manager and/or the Director of Community Services or their designee's, the Entertainer shall proceed to "book" the event. The Entertainers performance or the performance of any sub- contractors of any event shall be pursuant to the terms of this Agreement. 4. Perfomances throughout the term of the Agreement, may include, but not limited to the following: a. Temecula Rod Run b. Teen Night Light Egg Hunt c. Easter Egg Hunt d. Temecula Special Games e. 41h of July Extravaganza f. Summer Concert Series g. Moonlight Movies in the Park h. Memorial Day Event i. Pool Parties j. Family Fun Nights k. Human Services Events & Programs I. New Year's Eve Grape Drop m. Art & Street Painting Festival n. Santa's Electric Light Parade 5. Scope of Services a. The Entertainer shall provide professional Disc Jockey/Master of Ceremony (DJ/MC), Entertainment and Technical Services for a variety of special events throughout the year. b. The Entertainer will provide sound, stage & lighting services and inflatable movie screens as necessary. c. Responsibe to ensure the availability of complete concert quality sound system(s) and component equipment, as and where required. d. Rental, transportation, set-up and tear -down of all sound systems and equipment including lights, stage and movie screens. 9 e. Provide sound technician, monitoring services and light technician, as and where required. f. Sound monitoring level devices on all stages and equipment for all events and personnel shall respond to the requests of event staff regarding noise levels during performances. g. Signature events may require set-up of equipment one day prior to the event including sound checks. h. Booking quality, family-friendly bands and managing the stage. i. Entertainer employees must present themselves in a professional manner both in appearance and attitude while on-site. j. Sound technician should be on-site prior to opening of event and stay throughout the end of the event as designated by City Event Staff. k. DJ/MC shall provide professional public speaking, proper use of a microphone, posture, staging and movements. I. Technical aspects include proper introductions, opening and closings, transitions, and presiding over ceremonial aspects of an event. m Clear understanding of current music and trends, appropriate lyrics and what works for a variety of people, ages and backgrounds. 10 EXHIBIT B PAYMENT RATES AND SCHEDULE Exhibit B shall be the Event quote/Agreement as provided by the Entertainer for each individual performance as requested by the City. In any event, the cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $80,000.00 for the total term of this Agreement. 11 TEMECULA COMMUNITY SERVICES DISTRICT EVENT SERVICE PROVIDER AGREEMENT THIS AGREEMENT is made and entered into as of May 9, 2017 by and between Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Valley Events, Inc., a Corporation, (hereinafter referred to as "Provider"). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. TERM This Agreement shall commence on July 1, 2017 and shall remain and continue in effect until such tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement 2. SERVICES Provider shall perform the services and tasks described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full. 3. PERFORMANCE Provider shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, provide all services and complete all tasks described herein. Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Provider hereunder in meeting its obligations under this Agreement. No pyrotechnics or special effects of any kind shall be allowed as any part of the services for the City by the Provider, its employees, agents, group members, fellow Providers or any third party without the prior written consent of the General Manager or authorized designee. 4. LOCATION AND RELIABILITY OF PERFORMANCE The date, time, and location of Provider's event services shall be determined at the time of City's request for "Request for Event Services." Services will be provided at various Citywide events July 1, 2017 through June 30, 2018. All event services shall be provided within City limits. Time and reliability are of the essence in this Agreement. 5. EQUIPMENT Provider shall provide its own equipment that it requires for the Event, unless other arrangements are made in writing with the City before the Event. The City reserves the right to inspect all equipment and/or materials being used for any Event. 6. PAYMENT a. The City agrees to pay the Provider an amount that shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for conducting Events, 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 1 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 Fifty Thousand Dollars and No Cents ($50,000) for the total term of this Agreement unless additional payment is approved as provided in this Agreement. The City shall withhold from this sum appropriate taxes if so directed by the California Franchise Tax Board. Payment will be made by the City immediately following an Event. b. Provider 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 General Manager. Provider shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Provider at the time City's written authorization is given to Provider for the performance of said services. 7. USE OF COPYRIGHTED MATERIAL The Provider shall be fully responsible for paying any legally required royalties of fees for the use by the Provider of copyrighted material and shall comply at all times with all applicable copyright laws. 8. NON -ASSIGNABILITY It is understood that this is a personal services agreement between the City and Provider, and that Provider is required to personally provide the required Event. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Provider without the prior written consent of the City. 9. INDEPENDENT CONTRACTOR The Provider is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Provider or any of the officers, employees, or agents of the Provider, except as herein set forth. Personnel providing the Event Services under this Agreement with or on behalf of the Provider shall at all times be under the Provider exclusive direction and control. Provider shall not at any time or in any manner represent that it or any of its employees, agents, group members, or fellow Providers are in any manner officers, employees, or agents of the City. Provider shall not incur or have the power to incur any debt, obligation, or liability whatsoever against the City or bind the City in any manner. 10. INDEMNIFICATION Provider agree(s) to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or Successor Agency of 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 Successor Agency of 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 Provider'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, 2 Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Provider shall procure and maintain for the duration of the Agreement insurance with an A.M. Best rating of A -:VII or better, against claims for injuries to persons, or damages to property, which may arise from or in connection with the performance of the services by the Provider, its agents, representative, 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 Provider 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 Provider has no employees while performing under this Agreement, worker's compensation insurance is not required, but Provider shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Provider shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency of 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 Provider; products and completed operations of the Provider; premises owned, occupied or used by the Provider; or automobiles owned, leased, hired or borrowed by the Provider. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency of the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Provider's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, Successor Agency of the Temecula Redevelopment Agency, their 3 officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency of the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Provider'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 of the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Provider'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 Provider 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. Provider 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 the services commence. As an alternative to the City's forms, the Provider's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended and the Event or Events canceled at any time, with or without cause, at the sole and exclusive discretion of the General Manager, without default or breach of this Agreement by the City. 13. LEGAL RESPONSIBILITIES The Provider 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 Provider 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 Provider to comply with this section. 14. LICENSES At all times during the term of this Agreement, Provider shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 4 15. GOVERNING LAW The City and Provider 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. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Provider warrants and represents that he or she has the authority to execute this Agreement on behalf of the Provider and has the authority to bind Provider to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of services; (d) agreement termination. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES VALLEY EVENTS, INC. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Kelly Shirey, President ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General PROVIDER Counsel Scott Shirley, Vice President Valley Events, Inc. 31805 Temecula Parkway, #253 Temecula, CA 92592 Kelly(c�tvpinc.net (951) 757-1567 6 PM Initials: Date: EXHIBIT A SCOPE OF SERVICES Provider recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between Temecula Community Services District and the Provider, for the future event entertainers and rental items for the City of Temecula for City events. The procedure for requesting and assigning services is set forth as follows: 1. The General Manager or his designee shall submit to Provider a written "Request for Event Services." The date, time, and location of Provider's performance shall be determined at the time of City's Request for Services. The Request for Event Services shall include a description of the services to be completed, the date requested or the time for completion of the services, and any other relevant information necessary to provide the services. 2. Within five (5) business days of the date of the Request for Services, Provider shall respond in writing to the Request for Services and advise the General Manager whether it can perform the services and specify the cost of service in accordance with the rates set forth in Exhibit "B" to this Agreement. 3. Upon the General Manager written acceptance of the Provider's response, the Provider shall proceed with the services on the date requested. The performance of the services shall be pursuant to the terms of this Agreement. Services will include: • Entertainers, including but not limited to, magicians, characters, marionettes, Santa Claus, elves, Easter Bunny, tattoo and airbrush (face painting) artists • Event site rental items, including but not limited to, tables, chairs, pop-up shelters 7 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Quotes shall be provided as requested by City staff for each individual performance and/or rental item. Cost of such services, while not guaranteed as per Section 6 of this Agreement, shall not exceed a total of $50,000 for the total term of this Agreement. 8 CITY COUNCIL PUBLIC HEARING Item No. 13 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: May 9, 2017 SUBJECT: Approve an Amendment to the Temecula Municipal Code Prohibiting All Commercial Marijuana Activity in the City and Amending Regulations Pertaining to Marijuana Cultivation Implementing Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act PREPARED BY: Dale West, Associate Planner II RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) SUMMARY OF ORDINANCE: A Municipal Code amendment prohibiting commercial marijuana activity including cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, labeling, transportation, delivery and sale of marijuana and marijuana products whether or not for profit in the City. BACKGROUND: In April 2006, the City Council adopted Ordinance No. 06-05, amending sections of the Temecula Development Code prohibiting the establishment of medical marijuana dispensaries in all zones within the City. In January 2016, the City Council adopted Ordinance No. 16-01, adding Chapter 8.52 prohibiting the cultivation of marijuana in all zones within the City, with limited exemption from enforcement for violations by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use. On November 8, 2016, California voters passed the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), legalizing the non-medical use of marijuana by persons 21 years of age and over and creating a state regulatory and licensing system for the commercial cultivation, testing, manufacturing and distribution of non-medical marijuana and related products. The AUMA also allows local governments to adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit commercial marijuana activities and businesses within their jurisdiction. With the passage the AUMA, the City Council established a Marijuana Ad Hoc Subcommittee (Naggar/Rahn) to review legal, legislative, land use, financial and other issues related to the AUMA. The Ad Hoc Subcommittee met on January 24, 2017 and determined that further research and outreach is necessary to adequately identify and understand the impacts and/or opportunities created by the AUMA. With the understanding that additional research and outreach will take time, the Ad Hoc Subcommittee recommended that the City preserve its options by considering an ordinance that prohibits commercial marijuana activities while additional research and outreach can occur. On February 28, 2017, the City Council considered and agreed with the recommendation provided by the Marijuana Ad Hoc Subcommittee. The City Council directed staff to prepare an ordinance preserving the City's right to regulate, license and/or prohibit commercial non-medical marijuana and marijuana activities. On April 5, 2017, the Planning Commission considered the proposed ordinance. There were four public speakers; one spoke in favor of the favor of the ordinance, two spoke in favor of continued research and support for medical cannabis, and one speaker requested better clarification regarding restrictions on delivery of marijuana. The Commission discussed the ban on delivery of marijuana within the City and asked staff to provide clarified language for delivery of marijuana in the ordinance before it goes to the City Council for consideration. The Commission voted unanimously to adopt Resolution No. 17-06 recommending the City Council approve the ordinance amending the Municipal Code to prohibit all commercial marijuana activity within the City. Language has been added to the ordinance to clarify the delivery of marijuana. The proposed ordinance now clarifies that delivery of marijuana or marijuana products to or from any location within the city is expressly prohibited. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Planning Commission Resolution No. 17-06 3. Planning Commission Staff Report ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.52 (Marijuana Cultivation) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 8.52 — MARIJUANA CULTIVATION AND COMMERCIAL MARIJUANA ACTIVITY Sections: 8.52.010 — Findings and purpose. 8.52.020 — Authority. 8.52.030 — Definitions. 8.52.040 — Prohibitions on commercial marijuana activity. 8.52.050 — Prohibitions on marijuana cultivation — Nuisance declared. 8.52.060 — Limited exemption from enforcement for medical marijuana. 8.52.070 — Abatement of other nuisances. 8.52.080 — Violations and penalties. 8.52.010 Findings and purpose. The City Council finds and declares the following: A. The Control, Regulate and Tax Adult Use of Marijuana Act (the "AUMA"), was approved by the voters of the State of California on November 8, 2016. The AUMA adds Section 11362.1 to the Health and Safety Code, which makes it "lawful under state and local law" for persons 21 years of age or older to "possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever" up to 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams of marijuana in the form of concentrated cannabis. The provisions of the AUMA related to the possession, use, and cultivation of marijuana became effective on November 9, 2016. B. To regulate the commercial use of non-medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business & Professions Code, Sections 26000 et seq., which grants State agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for marijuana businesses. The AUMA provides that the State shall begin issuing licenses to marijuana businesses under Division 10 of the Business and Professions Code by January 1, 2018. C. Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for commercial non-medical marijuana activity, if approval of the State license will violate the provisions of any local ordinance. D. The AUMA permits cities to (1) adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or (2) completely prohibit the establishment or operation of marijuana businesses within its jurisdiction. E. The AUMA allows for the planting, cultivation, harvesting, drying and processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence, as well as the possesion of any marijuana produced by the plants. The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of a private residence unless the California Attorney General determines that non-medical use of marijuana is lawful in the State under Federal law. F. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which are now collectively known as the Medical Cannibas Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA establishes a State licensing scheme for commercial medical marijuana uses, while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a State license. The MCRSA allows a city to completely prohibit commercial medical marijuana activities, including the cultivation of medical marijuana. G. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." H. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7, et seq., and referred to as the "Medical Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified State criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. I. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 CaI. 4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 CaI. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority. J. The Federal Controlled Substances Act, 21 U.S.C. §§ 801, et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for any purposes. K. Cities in California have reported negative effects of marijuana cultivation, processing and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors. This odor can have the effect of encouraging theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery of the plants and creating the potential for violent acts related to such criminal activity. L. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Regulating marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, and malodorous smells that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. M. The justification for regulating or banning commercial marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1) The increased risk to public health and safety, based on the value of marijuana plants and flowers and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where marijuana is cultivated in a visible location, particularly where such location is close to schools. N. As recognized by the Attorney General's August 2008 Guidelines for the security and non -diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, Government Code sections 25845 and 53069.4, the MCRSA, the AUMA, and other applicable law. 8.52.030 Definitions. As used in this Chapter the following specific terms shall have the following meanings: A. "AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time. B. "Child care center" means any licensed child care center, daycare center, child care home, or any preschool. C. "Community center" means any facility open to the public at which classes, social activities, recreational activities, educational activities, support and public information are offered for all residents of the community. D. "Commercial marijuana activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana and marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business licensed by the State or other government entity under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. E. "Concentrated cannabis" shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code section 19300.5, as the same may be amended from time to time. F. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. G. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also means the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. H. "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must maintain a minimum ten (10) foot setback from any property line. Such setback distance shall be measured in a straight line from the fully enclosed and secure structure in which the marijuana plants are cultivated. The ten (10) foot setback requirement does not apply to cultivation occurring in a garage. J. "Marijuana" means parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include: 1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or 2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. Marijuana also includes "cannabis" as defined in Business and Professions Code section 19300.5(f), as the same may be amended from time to time. K. "Marijuana cultivation" means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical, non-medical or other uses. L. "MCRSA" means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. M. "Person" means any individual, firm, co -partnership, joint venture, association, collective, cooperative, corporation, limited liability company, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. N. "Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. O. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence. P. "Qualified patient" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. Q. "School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university. R. "Youth -oriented facility" means any facility that caters to or provides services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. 8.52.040 Prohibitions on commercial marijuana activity. A. Commercial marijuana activity for medical, non-medical or other purposes is expressly prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity for medical, non- medical or other purposes anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial marijuana activity for medical, non-medical, or other purposes, shall be approved by the City. B. A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City. C. This section shall prohibit all activities for which a State license is required pursuant to the AUMA or the MCRSA. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the AUMA or the MCRSA. The City shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code section 26070.5. D. To the extent not already prohibited by subsection A above, all deliveries of marijuana or marijuana products to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting marijuana or marijuana products on public roads by a person licensed under either Chapter 3.5 of Division 8 or Division 10 of the California Business and Profesessions Code. E. The prohibition in this section shall not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code section 11362.1, or (4) engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code sections 11362.1 and 11362.2. 8.52.050 Prohibitions on marijuana cultivation—Nuisance declared. A. Marijuana cultivation, outdoors, for medical, non-medical or other purposes, is prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and is hereby declared to be unlawful and a public nuisance, except as otherwise provided in Section 8.52.060. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. There is a limited exemption from enforcement of this subsection as set forth in Section 8.52.060 below. B. Marijuana cultivation, indoors, for medical purposes is prohibited. There is a limited exemption from enforcement of this subection as set forth in Section 8.52.060 below. C. Marijuana cultivation, indoors, for non-medical purposes will be allowed consistent with State law. As required by State law, no more than six (6) live marijuana plants may be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and and secured. Any marijuana cultivation for non- medical marijuana purposes that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance. 8.52.060 Limited exemption from enforcement for medical marijuana. A. The City is committed to making efficient and rational use of its limited investigative and prosecutorial resources. There shall be a limited exemption from enforcement for violations of this Chapter by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use in zone classifications identified in Section 17.06.030 on which a single family detached dwelling exists when all of the following conditions and standards are complied with: 1. The premises shall contain a legally permitted single family detached dwelling. 2. Cultivation of no more than twelve (12) marijuana plants per qualified patient. In the event a qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may cultivate no more than twelve (12) marijuana plants for that qualified patient at any one time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient at the same time in the City. 3. Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-four (24) marijuana plants per premises. 4. At least one qualified patient or one primary caregiver, acting on behalf of the qualified patient pursuant to subsection A.2., must live on the premises. 5. All marijuana plants must be reasonably secured to prevent theft and access to the plants by persons under the age of twenty-one (21), to a standard satisfactory to the enforcement official. 6. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be adequately secured to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five (5) acres are exempt from this fencing provision so long as all other standards and conditions of subsection A. of this section are complied with and any barriers used are otherwise consistent with this Code. 7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the marijuana plants are cultivated, or, if the marijuana plants are cultivated in an outdoor area, from the fence required by subsection A.6. to the boundary line of the premises. 8. The designated marijuana cultivation area must not be visible from any public right-of-way. 9. If the person cultivating marijuana plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. An original of this letter shall be submitted to and retained by the Community Development Department. The City shall prescribe forms for such letters. 10. Parolees or probationers shall not live on the premises unless the parolees or probationers have received written confirmation from the court that he or she is allowed to use medical marijuana while on parole or probation pursuant to Health & Safety Code section 11362.795 which shall be subject to verification by the enforcement official. 11. Qualified patients for whom the marijuana plants are being cultivated shall have valid medical marijuana identification cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid medical marijuana identification card issued by the Riverside County Department of Public Health which shall be kept on the premises. 12. The address for the premises must be posted and plainly visible from the public right-of-way. 13. The marijuana cultivation shall not be within a building containing two or more dwelling units. 14. The marijuana cultivation shall not be upon any premises located within one thousand (1,000) feet of any school, community center, or park. 15. The marijuana cultivation shall not be upon any premises containing a child care center, church (religious facility), or youth -oriented facility. B. Any marijuana cultivation for medical purposes that does not comply with all of the standards and conditions in subsection A. of this section is a public nuisance and shall be subject to penalties and abatement as provided in Title 1 and Chapters 8.12 and 8.52 this Code. 8.52.070 Abatement of other nuisances. Nothing in this Chapter shall be construed as a limitation on the City's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with State law. 8.52.080 Violations and penalties. A. Violation of any provision of this Chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this Code. The provisions of this Chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 of this Code or its successor sections. No provision of Title 1 or this Chapter shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code sections 11362.71 or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Title 1 or this Chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. B. Any violation of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial marijuana business or marijuana cultivation site and restrain and enjoin any person from operating, conducting or maintaining a commercial marijuana business or marijuana cultivation site in a manner contrary to the provisions of this Chapter." Section 2. Section 17.02.050 (Prohibited uses.) is hereby added to Chapter 17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.02.050 Prohibited uses. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 3. Table 17.06.030 of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity as a prohibited use and amending footnote number 10 as follows: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H HR-SM9 Commercial Marijuana Activity - - - - - - - - - Marijuana Cultivation 10 Notes: 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Notes: 10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 4. Table 17.08.030 of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity as a prohibited use and adding footnote number 7 to Marijuana Cultivation as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Commercial Marijuana Activity - - - - - - - Marijuana Cultivation 1 Notes: 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 5. Table 17.12.030 of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity and Marijuana Cultivation as a prohibited uses and adding footnote number 3 to Marijuana Cultivation as follows: Table 17.12.030 Schedule of Permitted Uses—Public/Institutional Districts Description of Use Public/Institutional District (P1) Commercial Marijuana Activity - Marijuana Cultivation 3 - Table 17.12.030 Schedule of Permitted Uses—Public/Institutional Districts Description of Use Public/Institutional District (PI) Notes: 3. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 6. Table 17.14.030 of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity as a prohibited use and amending footnote number 2 as follows: Table 17.14.030 Schedule of Permitted Uses—Open Space Schedule of Uses PR OS OS -C OS -C- SM Commercial Marijuana Activities -- - - Marijuana Cultivation 2 -- - - Notes: 2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 7. Section 17.16.045 (Prohibited uses.) is hereby added to Chapter 17.16 (Specific Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.16.045 Prohibited uses. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 8. Section 17.22.030 (Permitted uses.) of Article 1 (Generally) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding item D as follows: "D. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 9. CEQA Findings. The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. The Ordinance prohibits commercial marijuana activity and regulates marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. Section 10. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 11. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , . Maryann Edwards, 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. 17- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of May, 2017, 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 PC RESOLUTION NO.17-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(6)(3) (PLANNING APPLICATION NO. LR16-1056)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 5, 2017, the Planning Commission identified a need to amend sections of the Temecula Municipal Code to prohibit all commercial marijuana activity in the City and to amend regulations pertaining to marijuana cultivation in order to implement Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (Planning Application No. PA16-1056). B. The proposed Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the project and environmental review on April 5, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. LR16-1056 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 17- (Ordinance regulating all commercial marijuana activity in the City and amending regulations pertaining to marijuana cultivation) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed ordinance bans commercial marijuana activity in the City and amends regulations pertaining to marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property or the construction of any new or expanded structures. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR16- 1056, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of April 2017. ATTEST: uke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-06 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of April 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(6)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.52 (Marijuana Cultivation) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 8.52 — MARIJUANA CULTIVATION AND COMMERCIAL MARIJUANA ACTIVITY Sections: 8.52.010 — Findings and purpose. 8.52.020 — Authority. 8.52.030 — Definitions. 8.52.040 — Prohibitions on commercial marijuana activity. 8.52.050 — Prohibitions on marijuana cultivation — Nuisance declared. 8.52.060 — Limited exemption from enforcement for medical marijuana. 8.52.070 — Abatement of other nuisances. 8.52.080 — Violations and penalties. 8.52.010 Findings and purpose. The City Council finds and declares the following; A. The Control, Regulate and Tax Adult Use of Marijuana Act (the "AUMA"), was approved by the voters of the State of California on November 8, 2016. The AUMA adds Section 11362.1 to the Health and Safety Code, which makes it "lawful under state and local law" for persons 21 years of age or older to "possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever" up to 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams of marijuana in the form of concentrated 1 cannabis. The provisions of the AUMA related to the possession, use, and cultivation of marijuana became effective on November 9, 2016. B. To regulate the commercial use of non-medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business & Professions Code, Sections 26000 et seq., which grants State agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for marijuana businesses. The AUMA provides that the State shall begin issuing licenses to marijuana businesses under Division 10 of the Business and Professions Code by January 1, 2018. C. Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for commercial non-medical marijuana activity, if approval of the State license will violate the provisions of any local ordinance. D. The AUMA permits cities to (1) adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or (2) completely prohibit the establishment or operation of marijuana businesses within its jurisdiction. E. The AUMA allows for the planting, cultivation, harvesting, drying and processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence, as well as the possesion of any marijuana produced by the plants. The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of a private residence unless the California Attorney General determines that non-medical use of marijuana is lawful in the State under Federal law. F. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which are now collectively known as the Medical Cannibas Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA establishes a State licensing scheme for commercial medical marijuana uses, while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a State license. The MCRSA allows a city to completely prohibit commercial medical marijuana activities, including the cultivation of medical marijuana. G. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting 2 Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." H. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7, et seq., and referred to as the "Medical Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified State criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. I. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority. Numerous court decisions have held that the CUA and MMP provide criminal law immunities for qualified patients, persons with identification cards, and primary caregivers to possess, store and cultivate marijuana, but do not preempt local land use ordinances from prohibiting medical marijuana businesses, deliveries, storage, possession and cultivation. Kirby v. County of Fresno, 242 Cal.App.4th 940, 969-70 (2015); Safe Life Caregivers v. City of Los Angeles, 243 Cal.App.4th 1029, 1032 (2016). J. The Federal Controlled Substances Act, 21 U.S.C. §§ 801, et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for any purposes. K. Cities in California have reported negative effects of marijuana cultivation, processing and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors. This odor can have the effect of encouraging 3 theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery of the plants and creating the potential for violent acts related to such criminal activity. L. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Regulating marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, and malodorous smells that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. M. The justification for regulating or banning commercial marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1) The increased risk to public health and safety, based on the value of marijuana plants and flowers and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where marijuana is cultivated in a visible location, particularly where such location is close to schools. N. As recognized by the Attorney General's August 2008 Guidelines for the security and non -diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, Government Code sections 25845 and 53069.4, the MCRSA, the AUMA, and other applicable law. 8.52.030 Definitions. As used in this Chapter the following specific terms shall have the following meanings: A. "AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time. B. "Child care center" means any licensed child care center, daycare center, child care home, or any preschool. C. "Community center" means any facility open to the public at which classes, social activities, recreational activities, educational activities, support and public information are offered for all residents of the community. 4 D. "Commercial marijuana activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana and marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business licensed by the State or other government entity under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. E. "Concentrated cannabis" shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code section 19300.5, as the same may be amended from time to time. F. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. G. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also means the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. H. "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. I. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must maintain a minimum ten (10) foot setback from any property line. Such setback distance shall be measured in a straight line from the fully enclosed and secure structure in which the marijuana plants are cultivated. The ten (10) foot setback requirement does not apply to cultivation occurring in a garage. J. "Marijuana" means parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include: 1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or 2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. 5 Marijuana also includes "cannabis" as defined in Business and Professions Code section 19300.5(f), as the same may be amended from time to time. K. "Marijuana cultivation" means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical, non-medical or other uses. L. "MCRSA" means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. M. "Person" means any individual, firm, co -partnership, joint venture, association, collective, cooperative, corporation, limited liability company, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. N. "Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. O. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence. P. "Qualified patient" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. Q. "School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university. R. "Youth -oriented facility" means any facility that caters to or provides services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. 8.52.040 Prohibitions on commercial marijuana activity. A. Commercial marijuana activity for medical, non-medical or other purposes is expressly prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity for medical, non- medical or other purposes anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial marijuana activity for medical, non-medical, or other purposes, shall be approved by the City. 6 B. A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City. C. This section shall prohibit all activities for which a State license is required pursuant to the AUMA or the MCRSA. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the AUMA or the MCRSA. The City shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code section 26070.5. D. The prohibition in this section shall not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code section 11362.1, or (4) engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code sections 11362.1 and 11362.2. E. The prohibition in this section shall not prohibit the transportation of marijuana or marijuana products on public roads by a person licensed by Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code. 8.52.050 Prohibitions on marijuana cultivation—Nuisance declared. A. Marijuana cultivation, outdoors, for medical, non-medical or other purposes, is prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and is hereby declared to be unlawful and a public nuisance, except as otherwise provided in Section 8.52.060. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. There is a limited exemption from enforcement of this subsection as set forth in Section 8.52.060 below. 7 B. Marijuana cultivation, indoors, for medical purposes is prohibited. There is a limited exemption from enforcement of this subection as set forth in Section 8.52.060 below. C. Marijuana cultivation, indoors, for non-medical purposes will be allowed consistent with State law. As required by State law, no more than six (6) live marijuana plants may be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and and secured. Any marijuana cultivation for non- medical marijuana purposes that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance. 8.52.060 Limited exemption from enforcement for medical marijuana. A. The City is committed to making efficient and rational use of its limited investigative and prosecutorial resources. There shall be a limited exemption from enforcement for violations of this Chapter by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use in zone classifications identified in Section 17.06.030 on which a single family detached dwelling exists when all of the following conditions and standards are complied with: 1. The premises shall contain a legally permitted single family detached dwelling. 2 Cultivation of no more than twelve (12) marijuana plants per qualified patient. In the event a qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may cultivate no more than twelve (12) marijuana plants for that qualified patient at any one time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient at the same time in the City. 3. Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-four (24) marijuana plants per premises. 4. At least one qualified patient or one primary caregiver, acting on behalf of the qualified patient pursuant to subsection A.2., must live on the premises. 5. All marijuana plants must be reasonably secured to prevent theft and access to the plants by persons under the age of twenty-one (21), to a standard satisfactory to the enforcement official. 6. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be adequately secured to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five (5) acres are exempt from this fencing provision so long as all other standards and conditions of subsection A. of this section are complied with and any barriers used are otherwise consistent with this Code. 8 7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the marijuana plants are cultivated, or, if the marijuana plants are cultivated in an outdoor area, from the fence required by subsection A.6. to the boundary line of the premises. 8. The designated marijuana cultivation area must not be visible from any public right-of-way. 9. If the person cultivating marijuana plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. An original of this letter shall be submitted to and retained by the Community Development Department. The City shall prescribe forms for such letters. 10. Parolees or probationers shall not live on the premises unless the parolees or probationers have received written confirmation from the court that he or she is allowed to use medical marijuana while on parole or probation pursuant to Health & Safety Code section 11362.795 which shall be subject to verification by the enforcement official. 11. Qualified patients for whom the marijuana plants are being cultivated shall have valid medical marijuana identification cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid medical marijuana identification card issued by the Riverside County Department of Public Health which shall be kept on the premises. 12. The address for the premises must be posted and plainly visible from the public right-of-way. 13. The marijuana cultivation shall not be within a building containing two or more dwelling units. 14. The marijuana cultivation shall not be upon any premises located within one thousand (1,000) feet of any school, community center, or park. 15. The marijuana cultivation shall not be upon any premises containing a child care center, church (religious facility), or youth -oriented facility. B. Any marijuana cultivation for medical purposes that does not comply with all of the standards and conditions in subsection A. of this section is a public nuisance and shall be subject to penalties and abatement as provided in Title 1 and Chapters 8.12 and 8.52 this Code. 8.52.070 Abatement of other nuisances. 9 Nothing in this Chapter shall be construed as a limitation on the City's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with State law. 8.52.080 Violations and penalties. A. Violation of any provision of this Chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this Code. The provisions of this Chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 of this Code or its successor sections. No provision of Title 1 or this Chapter shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code sections 11362.71 or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Title 1 or this Chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. B. Any violation of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial marijuana business or marijuana cultivation site and restrain and enjoin any person from operating, conducting or maintaining a commercial marijuana business or marijuana cultivation site in a manner contrary to the provisions of this Chapter." Section 2. Section 17.02.050 is hereby added to the Temecula Municipal Code to read as follows: ""Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 3. The Community Development Director is authorized and directed to update the Use Regulations and Tables contained in Title 17, Zoning, to provide that commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060. 10 Section 4 CEQA Findings. The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. The Ordinance prohibits commercial marijuana activity and regulates marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after passage PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this th day of , 2017. 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. 17- was duly introduced and placed upon its first reading at a 11 meeting of the City Council of the City of Temecula on the day of , 2017, 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: 12 Randi Johl, City Clerk STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 5, 2017 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Case Planner PROJECT Long Range Planning Application Number LR16-1056, a Municipal SUMMARY: Code amendment to prohibit all commercial marijuana activity in the City and to amend regulations pertaining to marijuana cultivation in order to implement Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. CEQA: Notice of Determination Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) RECOMMENDATION: Adopt a resolution recommending that the City Council: 1. Amend Chapter 8.52 of the Temecula Municipal Code to prohibit commercial marijuana activity (which is defined to include cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, and the sale of marijuana and marijuana products, whether or not for profit) in the City. 2. Amend Title 17, Zoning, to prohibit all uses involving commercial marijuana activity everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones. 3. Amend Title 17, Zoning, to (a) prohibit marijuana cultivation outdoors, except as allowed for medical purposes under certain conditions, (b) allow the cultivation of up to six marijuana plants indoors for recreational purposes consistent with the Regulate, Control and Tax Adult Use of Marijuana Act, and (c) allow the cultivation of up to twelve marijuana plants indoors or outdoors for medical purposes under certain conditions. BACKGROUND SUMMARY On November 8, 2016, California voters passed the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) legalizing the non-medical use of marijuana by persons 21 years of age and over and creating a state regulatory and licensing system for the commercial cultivation, testing, manufacturing and distribution of non-medical marijuana and related products. The AUMA also allows local governments to adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit commercial marijuana activities and businesses within their jurisdiction. ANALYSIS Background In April 2006, the City Council adopted Ordinance No. 06-05, amending Sections of the Temecula Development Code prohibiting the establishment of medical marijuana dispensaries in all zones within the City. In January 2016, the City Council adopted Ordinance No. 16-01, adding Chapter 8.52 prohibiting the cultivation of marijuana in all zones within the City, with limited exemption from enforcement for violations by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use. With the passage the AUMA, the City Council established a Marijuana Subcommittee (Naggar/Rahn) to review legal, legislative, land use, financial and other issues related to the AUMA. The Subcommittee met on January 24, 2017 and determined that further research and outreach is necessary to adequately identify and understand the impacts and/or opportunities created by the AUMA. With the understanding that additional research and outreach will take additional time, the Subcommittee recommended that the City preserve its options by considering an ordinance that prohibits commercial marijuana activities while additional research and outreach can occur. On February 28, 2017, the City Council considered and agreed with the recommendation provided by the Marijuana Subcommittee. The City Council directed staff to prepare an ordinance preserving the City's right to regulate, license and/or prohibit commercial non-medical marijuana and marijuana activities. Proposed Ordinance The proposed Ordinance would: 1. Amend Chapter 8.52 of the Temecula Municipal Code to prohibit commercial marijuana activity (which is defined to include cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, and sale of marijuana and marijuana products whether or not for profit) in the City, 2. Amend Title 17, Zoning, to prohibit all uses involving commercial marijuana activity everywhere in the City including all zoning districts, specific plan areas, planned development zones and overlay zones. 3. Amend Title 17, Zoning, to: a. Prohibit marijuana cultivation outdoors, except as allowed for medical purposes under certain conditions, 2 b. Allow the cultivation of up to six marijuana plants indoors for non-medical purposes consistent with the AUMA, and c. Allow the cultivation of up to twelve marijuana plants indoors or outdoors for medical purposes under certain conditions. Pursuant to State law, the City may not prohibit the transportation of marijuana on public roads that pass through the City. Indoor marijuana cultivation for non-medical purposes will only be permitted at private residences, either inside the residence or inside a fully enclosed and secured structure at the residential site. As proposed, a "fully enclosed and secure structure" is defined to mean a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The proposed Ordinance would not effect the City's existing regulations pertaining to medical marijuana cultivation. The proposed Ordinance would also not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, or (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, since these activities are expressly authorized pursuant to the AUMA. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on March 23, 2017. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review. In accordance with the CEQA, the proposed ordinance is exempt from the requirements CEQA pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The proposed ordinance bans commercial marijuana activity in the City and amends regulations pertaining to marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. ATTACHMENTS PC Resolution Ordinance No. 17 - Notice of Public Hearing 3 PC RESOLUTION NO.17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) (PLANNING APPLICATION NO. LR16-1056) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 5, 2017, the Planning Commission identified a need to amend sections of the Temecula Municipal Code to prohibit all commercial marijuana activity in the City and to amend regulations pertaining to marijuana cultivation in order to implement Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (Planning Application No. PA16-1056). B. The proposed Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the project and environmental review on April 5, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. LR16-1056 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 17- (Ordinance regulating all commercial marijuana activity in the City and amending regulations pertaining to marijuana cultivation) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed ordinance bans commercial marijuana activity in the City and amends regulations pertaining to marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property or the construction of any new or expanded structures. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR16- 1056, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of April 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of April 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.52 (Marijuana Cultivation) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 8.52 — MARIJUANA CULTIVATION AND COMMERCIAL MARIJUANA ACTIVITY Sections: 8.52.010 — Findings and purpose. 8.52.020 — Authority. 8.52.030 — Definitions. 8.52.040 — Prohibitions on commercial marijuana activity. 8.52.050 — Prohibitions on marijuana cultivation — Nuisance declared. 8.52.060 — Limited exemption from enforcement for medical marijuana. 8.52.070 — Abatement of other nuisances. 8.52.080 — Violations and penalties. 8.52.010 Findings and purpose. The City Council finds and declares the following: A. The Control, Regulate and Tax Adult Use of Marijuana Act (the "AUMA"), was approved by the voters of the State of California on November 8, 2016. The AUMA adds Section 11362.1 to the Health and Safety Code, which makes it "lawful under state and local law" for persons 21 years of age or older to "possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever" up to 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams of marijuana in the form of concentrated 1 11086.000612038566v6 cannabis. The provisions of the AUMA related to the possession, use, and cultivation of marijuana became effective on November 9, 2016. B. To regulate the commercial use of non-medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business & Professions Code, Sections 26000 et seq., which grants State agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for marijuana businesses. The AUMA provides that the State shall begin issuing licenses to marijuana businesses under Division 10 of the Business and Professions Code by January 1, 2018. C. Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for commercial non-medical marijuana activity, if approval of the State license will violate the provisions of any local ordinance. D. The AUMA permits cities to (1) adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or (2) completely prohibit the establishment or operation of marijuana businesses within its jurisdiction. E. The AUMA allows for the planting, cultivation, harvesting, drying and processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence, as well as the possesion of any marijuana produced by the plants. The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of a private residence unless the California Attorney General determines that non-medical use of marijuana is lawful in the State under Federal law. F. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which are now collectively known as the Medical Cannibas Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA establishes a State licensing scheme for commercial medical marijuana uses, while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a State license. The MCRSA allows a city to completely prohibit commercial medical marijuana activities, including the cultivation of medical marijuana. G. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting 2 11086.0006/2038566v6 Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." H. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7, et seq., and referred to as the "Medical Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified State criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. I. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority. Numerous court decisions have held that the CUA and MMP provide criminal law immunities for qualified patients, persons with identification cards, and primary caregivers to possess, store and cultivate marijuana, but do not preempt local land use ordinances from prohibiting medical marijuana businesses, deliveries, storage, possession and cultivation. Kirby v. County of Fresno, 242 Cal.App.4th 940, 969-70 (2015); Safe Life Caregivers v. City of Los Angeles, 243 Cal.App.4th 1029, 1032 (2016). J. The Federal Controlled Substances Act, 21 U.S.C. §§ 801, et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for any purposes. K. Cities in California have reported negative effects of marijuana cultivation, processing and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors. This odor can have the effect of encouraging 3 11086.0006/2038566v6 theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery of the plants and creating the potential for violent acts related to such criminal activity. L. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Regulating marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, and malodorous smells that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. M. The justification for regulating or banning commercial marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1) The increased risk to public health and safety, based on the value of marijuana plants and flowers and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where marijuana is cultivated in a visible location, particularly where such location is close to schools. N. As recognized by the Attorney General's August 2008 Guidelines for the security and non -diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, Government Code sections 25845 and 53069.4, the MCRSA, the AUMA, and other applicable law. 8.52.030 Definitions. As used in this Chapter the following specific terms shall have the following meanings: A. "AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time. B. "Child care center" means any licensed child care center, daycare center, child care home, or any preschool. C. "Community center" means any facility open to the public at which classes, social activities, recreational activities, educational activities, support and public information are offered for all residents of the community. 4 11086.0006/2038566v6 D. "Commercial marijuana activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana and marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business licensed by the State or other government entity under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. E. "Concentrated cannabis" shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code section 19300.5, as the same may be amended from time to time. F. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. G. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also means the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. H. "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. I. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must maintain a minimum ten (10) foot setback from any property line. Such setback distance shall be measured in a straight line from the fully enclosed and secure structure in which the marijuana plants are cultivated. The ten (10) foot setback requirement does not apply to cultivation occurring in a garage. J. "Marijuana" means parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include: 1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or 2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. 5 11086.0006/2038566v6 Marijuana also includes "cannabis" as defined in Business and Professions Code section 19300.5(f), as the same may be amended from time to time. K. "Marijuana cultivation" means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical, non-medical or other uses. L. "MCRSA" means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. M. "Person" means any individual, firm, co -partnership, joint venture, association, collective, cooperative, corporation, limited liability company, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. N. "Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. O. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence. P. "Qualified patient" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. Q. "School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university. R. "Youth -oriented facility" means any facility that caters to or provides services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. 8.52.040 Prohibitions on commercial marijuana activity. A. Commercial marijuana activity for medical, non-medical or other purposes is expressly prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity for medical, non- medical or other purposes anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial marijuana activity for medical, non-medical, or other purposes, shall be approved by the City. 6 11086.000612038566v6 B. A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City. C. This section shall prohibit all activities for which a State license is required pursuant to the AUMA or the MCRSA. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the AUMA or the MCRSA. The City shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code section 26070.5. D. The prohibition in this section shall not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code section 11362.1, or (4) engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code sections 11362.1 and 11362.2. E. The prohibition in this section shall not prohibit the transportation of marijuana or marijuana products on public roads by a person licensed by Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code. 8.52.050 Prohibitions on marijuana cultivation—Nuisance declared. A. Marijuana cultivation, outdoors, for medical, non-medical or other purposes, is prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and is hereby declared to be unlawful and a public nuisance, except as otherwise provided in Section 8.52.060. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. There is a limited exemption from enforcement of this subsection as set forth in Section 8.52.060 below. 7 11086.000612038566v6 B. Marijuana cultivation, indoors, for medical purposes is prohibited. There is a limited exemption from enforcement of this subection as set forth in Section 8.52.060 below. C. Marijuana cultivation, indoors, for non-medical purposes will be allowed consistent with State law. As required by State law, no more than six (6) live marijuana plants may be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and and secured. Any marijuana cultivation for non- medical marijuana purposes that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance. 8.52.060 Limited exemption from enforcement for medical marijuana. A. The City is committed to making efficient and rational use of its limited investigative and prosecutorial resources. There shall be a limited exemption from enforcement for violations of this Chapter by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use in zone classifications identified in Section 17.06.030 on which a single family detached dwelling exists when all of the following conditions and standards are complied with: 1. The premises shall contain a legally permitted single family detached dwelling. 2. Cultivation of no more than twelve (12) marijuana plants per qualified patient. In the event a qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may cultivate no more than twelve (12) marijuana plants for that qualified patient at any one time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient at the same time in the City. 3. Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-four (24) marijuana plants per premises. 4. At least one qualified patient or one primary caregiver, acting on behalf of the qualified patient pursuant to subsection A.2., must live on the premises. 5. All marijuana plants must be reasonably secured to prevent theft and access to the plants by persons under the age of twenty-one (21), to a standard satisfactory to the enforcement official. 6. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be adequately secured to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five (5) acres are exempt from this fencing provision so long as all other standards and conditions of subsection A. of this section are complied with and any barriers used are otherwise consistent with this Code. 8 11086.0006/2038566v6 7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the marijuana plants are cultivated, or, if the marijuana plants are cultivated in an outdoor area, from the fence required by subsection A.6. to the boundary line of the premises. 8. The designated marijuana cultivation area must not be visible from any public right-of-way. 9. If the person cultivating marijuana plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. An original of this letter shall be submitted to and retained by the Community Development Department. The City shall prescribe forms for such letters. 10. Parolees or probationers shall not live on the premises unless the parolees or probationers have received written confirmation from the court that he or she is allowed to use medical marijuana while on parole or probation pursuant to Health & Safety Code section 11362.795 which shall be subject to verification by the enforcement official. 11. Qualified patients for whom the marijuana plants are being cultivated shall have valid medical marijuana identification cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid medical marijuana identification card issued by the Riverside County Department of Public Health which shall be kept on the premises. 12. The address for the premises must be posted and plainly visible from the public right-of-way. 13. The marijuana cultivation shall not be within a building containing two or more dwelling units. 14. The marijuana cultivation shall not be upon any premises located within one thousand (1,000) feet of any school, community center, or park. 15. The marijuana cultivation shall not be upon any premises containing a child care center, church (religious facility), or youth -oriented facility. B. Any marijuana cultivation for medical purposes that does not comply with all of the standards and conditions in subsection A. of this section is a public nuisance and shall be subject to penalties and abatement as provided in Title 1 and Chapters 8.12 and 8.52 this Code. 8.52.070 Abatement of other nuisances. 9 11086.0006/2038566v6 Nothing in this Chapter shall be construed as a limitation on the City's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with State law. 8.52.080 Violations and penalties. A. Violation of any provision of this Chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this Code. The provisions of this Chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 of this Code or its successor sections. No provision of Title 1 or this Chapter shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code sections 11362.71 or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Title 1 or this Chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. B. Any violation of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial marijuana business or marijuana cultivation site and restrain and enjoin any person from operating, conducting or maintaining a commercial marijuana business or marijuana cultivation site in a manner contrary to the provisions of this Chapter." Section 2. Section 17.02.050 is hereby added to the Temecula Municipal Code to read as follows: ""Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 3. The Community Development Director is authorized and directed to update the Use Regulations and Tables contained in Title 17, Zoning, to provide that commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060. 10 11086.0006/2038566v6 Section 4 CEQA Findings. The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. The Ordinance prohibits commercial marijuana activity and regulates marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after passage PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this th day of , 2017. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Michael S. Naggar, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 17- was duly introduced and placed upon its first reading at a 11 11086.0006/2038566v6 meeting of the City Council of the City of Temecula on the day of , 2017, 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: 12 11086.0006/2038566v6 Randi Johl, City Clerk Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Recommendation: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR16-1056 Commercial Marijuana Activity and Marijuana Cultivation Ordinance City of Temecula A staff initiated application to amend Chapter 8.52 and Title 17, Zoning, of the Temecula Municipal Code to prohibit all commercial marijuana activity in the City and to amend regulations pertaining to marijuana cultivation. The Planning Commission will consider making recommendations to the City Council in order to implement Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act, approved by the voters of the State of California on November 8, 2016, including: 1. Recommend amending Chapter 8.52 of the Temecula Municipal Code to prohibit commercial marijuana activity (including cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, labeling, transportation, and sale of marijuana and marijuana products whether or not for profit) in the City; 2. Recommend amending Title 17, Zoning, to prohibit all uses involving commercial marijuana activity in all zoning districts, specific plan areas, overlay zones and planned development zones; and 3. Recommend amending Title 17, Zoning, to (a) prohibit marijuana cultivation outdoors, except as allowed for medical purposes under certain conditions, (b) allow the cultivation of up to six marijuana plants indoors for recreational purposes consistent with the Control, Regulate, and Tax Adult Use of Marijuana Act, and (c) allow the cultivation of up to twelve marijuana plants indoors or outdoors for medical purposes under certain conditions. In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance is exempt from the requirements CEQA pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance prohibits commercial marijuana activity in the City and amends regulations pertaining to marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. Dale West, Associate Planner II City of Temecula, Council Chambers 41000 Main Street, Temecula, California April 5, 2017 6:00 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Community Development Department, (951) 694-6400. Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: May 9, 2017 SUBJECT: Conduct Public Hearing No. 1 Regarding the Transition from At -Large to By - District Elections and Adopt the Related Resolution of Intent and Resolution Establishing Criteria for Single Member Voting Districts PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council conduct the first of four public hearings to receive public comments regarding the transition from at -large to by -district elections for members of the City Council and adopt the following resolutions: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENT TO TRANSITION FROM AT -LARGE TO BY -DISTRICT ELECTIONS FOR MEMBERS OF CITY COUNCIL, OUTLINING SPECIFIC STEPS TO BE UNDERTAKEN TO FACILITATE THE TRANSITION AND ESTIMATING A TIME FRAME FOR ACTION PURSUANT TO ELECTIONS CODE SECTION 10010 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING CRITERIA FOR SINGLE -MEMBER VOTING DISTRICTS FOR THE ELECTION OF COUNCIL MEMBERS BACKGROUND: Over the last several years, cities, school districts, and community colleges districts throughout the State of California have been changing from at -large to by - district elections to comply with the California Voting Rights Act of 2001 (CVRA) and/or to avoid litigation. On April 25, 2017, the City Council authorized the transition of the City's election system from at -large to by -district. The transition process is set forth in the Elections Code. District boundary maps will be drawn by a professional demographer in consultation with the City Attorney and City Clerk based on the criteria in the law and public input. Community input is important to the districting process and all residents are encouraged to attend hearings to provide public input. The hearings are publicly noticed and information about the districting process is also provided on the City's website. Two public hearings are required prior to the maps being drawn and two public hearings are required after the maps and sequencing are published for the specified time period. The tentative schedule for the public hearings is as follows and was also approved at the April 25th meeting: PUBLIC MEETINGS DATE Council Meeting / Public Hearing #1 (Resolutions of Intention/Criteria) May 9, 2017 Council Meeting / Public Hearing #2 May 23, 2017 Council Meeting / Public Hearing #3 June 27, 2017 Council Meeting / Public Hearing #4 (Ordinance Introduction) July 11, 2017 Council Meeting (Ordinance Adoption) July 25, 2017 It is therefore recommended that the City Council conduct the first of four public hearings tonight to receive public comments regarding the transition from at -large to by -district elections for members of the City Council, the time frame for this transition, the criteria and factors that go into the drawing of maps of single -member voting districts, the composition of the districts, and other matters related to the election of members of the City Council, and adopt the related resolutions. FISCAL IMPACT: There is no specific fiscal impact associated with the proposed recommendation. New State law provides for the transition of at -large to by -district elections via the ordinance process. Costs for the City's general municipal election are budgeted in the City's operating budget every two years based on an estimate received from the Riverside County Registrar of Voters. ATTACHMENTS: 1. Resolution of Intent 2. Resolution Establishing Criteria 3. Notice of Public Hearing RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENT TO TRANSITION FROM AT -LARGE TO BY - DISTRICT ELECTIONS FOR MEMBERS OF CITY COUNCIL, OUTLINING SPECIFIC STEPS TO BE UNDERTAKEN TO FACILITATE THE TRANSITION AND ESTIMATING A TIME FRAME FOR ACTION PURSUANT TO ELECTIONS CODE SECTION 10010 WHEREAS, members of the City Council of the City of Temecula ("City") are currently elected in "at -large" elections, in which each City Council Member is elected by the registered voters of the entire City; and WHEREAS, Government Code Section 34886 in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an "at -large" system to a "by -district" system in which each council member is elected only by the voters in the district in which the council member resides; and WHEREAS, the state Legislature in recent amendments to Elections Code Section 10010, has provided a method whereby a jurisdiction can change to a by - district electoral system through the legislative approval process and avoid the high cost of litigation under the CVRA; and WHEREAS, prior to the City Council's consideration of an ordinance to establish district boundaries for a by -district electoral system, Elections Code Section 10010 requires all of the following: 1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; 2. After all draft maps are drawn, City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. The City Council shall also hold at least two (2) additional public hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven (7) days before consideration at a public hearing. If a draft map is revised at or following a public hearing, it shall be published and made available to the public for at least seven (7) days before being adopted; and 1 WHEREAS, the City will be utilizing the services of a professional demographer to assist the City to develop a proposal for a by -district electoral system; and WHEREAS, the adoption of a by -district electoral system will not affect the terms of any sitting Council Member, each of whom will serve out his or her current term. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby resolves to consider adoption of an ordinance to transition to a by -district electoral system as authorized by Government Code Section 34886 for use in the City's General Municipal Election for City Council Members beginning in November 2018. SECTION 2. The City Council directs the City Attorney and City Clerk to work with a professional demographer, and other appropriate consultants as needed, to provide a detailed analysis of the City's current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the California Voting Rights Act and the Federal Voting Rights Act. SECTION 3. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input and testimony on proposed district -based electoral maps before adopting any such map. SECTION 4. The timeline contained in Exhibit A may be adjusted by the City Attorney and City Clerk as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010. SECTION 5. The City Council directs the City Clerk to post information regarding the proposed transition to a by -district electoral system, including maps, notices, agendas, and other information and to establish a means of communication to answer questions from the public. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of May, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of May, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 3 Randi Johl, City Clerk EXHIBIT A TIMELINE Task Date / Timeline Council Meeting — Authorize Transition From At -Large to By -District Election System April 25, 2017 Council Meeting - Adopt Resolutions of Intent and Criteria May 9, 2017 Public Hearing #1 May 9, 2017 Public Hearing #2 May 23, 2017 Draft Map(s) Drawn May 24—June 10, 2017 Draft Map(s) and Sequencing Published June 15-17, 2017 Public Hearing #3 June 27, 2017 Public Hearing #4 July 11, 2017 Council Meeting — Introduce Ordinance July 11, 2017 Council Meeting — Adopt Ordinance July 25, 2017 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING CRITERIA FOR SINGLE -MEMBER VOTING DISTRICTS FOR THE ELECTION OF COUNCIL MEMBERS WHEREAS, the City Council of the City of Temecula ("City") was elected under an "at -large" election system where Council Members were elected by voters of the entire City; and WHEREAS, the City Council is considering a change to "by -district" elections where each Council Member must reside within the designated district boundary and is elected only by the voters in that district; and WHEREAS, the Federal Voting Rights Act (42 U.S.C. section 1973) prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure, in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color; and WHEREAS, federal law and the Equal Protection Clause require that each district be equal in population to ensure compliance with the "one person, one vote" rule; however, deviations of less than a total of ten percent [10%] are presumptively valid under the Equal Protection Clause where required to meet an official criteria; and WHEREAS, the Council has instructed its City Attorney, City Clerk, and demographer to develop draft maps that fully comply with legal requirements and desires to provide official criteria for any needed population deviations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, RESOLVES AS FOLLOWS: Section 1. The following criteria is hereby adopted to guide the establishment of five districts for City Council elections, where each Council Member must reside within the designated district boundary and is elected only by the voters in that district: 1. Each council district shall contain a nearly equal population as required by law; and 2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act; and 3. No council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny; and 1 4. Each council district shall consist of contiguous territory in as compact form as possible; and 5. Each council district shall respect communities of interest as much as possible; and 6. Each council district border shall follow visible natural and man-made geographical and topographical features as much as possible; and 7. Each council district shall attempt to avoid head-to-head contests between incumbent Council members insofar as this does not conflict with federal or state law; and 8. Council districts known to be areas of higher -than -average population growth in the two to five years following this boundary line adjustment may be under populated within the population deviation amounts allowed by law. Section 2. The City Attorney and City Clerk shall be authorized to clarify these general line drawing criteria so long as such changes are consistent with all requirements of law. Section 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of May, 2017. ATTEST: Randi Johl, City Clerk [SEAL] 2 Maryann Edwards, Mayor 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of May, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 3 Randi Johl, City Clerk NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Temecula will conduct a public hearing per Elections Code Section 10010 on Tuesday, May 9, 2017, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the City Council Chamber, 41000 Main Street, Temecula, California, in which the Council will: 1. Receive public comments regarding the transition of the City from at -large elections for members of the City Council to by -district elections for members of the City Council, the time frame for this transition, the criteria and factors that should go into the drawing of maps of single -member voting districts, the composition of the districts, and other matters related to the election of members of the City Council; and 2. Consider the adoption of resolutions entitled: A Resolution of the City Council of the City of Temecula, California, Outlining Its Intention to Transition from At -Large Elections for City Council to District -Based Elections for City Council Pursuant to Elections Code Section 10010 A Resolution of the City Council of the City of Temecula, California, Establishing Criteria for Single -Member Voting Districts for the Election of Council Members All interested persons are invited to attend said hearing and express opinions relating to this matter. Further information may be obtained from the City Clerk's Office, 41000 Main Street, Temecula, California or by telephone 951-694-6421. AVISO DE AUDIENCIA PUBLICA Por la presente se da aviso que el Concejo Municipal de la Ciudad de Temecula conducira una audiencia publica por Seccion de Codigo de Elecciones 10010 el martes, 9 de mayo de 2017, a las 7:00 p.m., tan pronto posible despues cuando el asunto se pueda escuchar, en la Camara del Concejo Municipal, 41000 Main Street, Temecula, California, en el que el consejo: 1. Recibir comentarios publicos sobre la transicion de la Ciudad de las elecciones generales para los miembros del Concejo Municipal a las elecciones por distritos para los miembros del Concejo Municipal, el plazo para esta transicion, los criterios y factores que deben it en el dibujo de mapas de los distritos electorales de un solo miembro, composicion de los distritos y otros asuntos relacionados con la eleccion de miembros del Concejo Municipal; y 2. Considerar la adopcion de resoluciones tituladas: Una Resolucion del Ayuntamiento de la Ciudad de Temecula, California, esbozando su intencion de transicion de las elecciones generales para el Concejo Municipal a las Elecciones Basadas en Distritos para el Concejo Municipal de acuerdo con la Seccion 10010 del Codigo de Elecciones Una Resolucion del Ayuntamiento de la Ciudad de Temecula, California, Estableciendo Criterios para los Distritos Electorales para la Eleccion de Miembros del Consejo Se invita a todas personas interesadas a asistir a tal audiencia y expresar sus opiniones respecto a este asunto. Se puede obtener mas informacion en la Oficina de la Secretaria de la Ciudad, 41000 Main Street, Temecula, California o por telefono al 951-694-6421. CITY COUNCIL BUSINESS Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: May 9, 2017 SUBJECT: Approve a Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2017; Approve Compensation Plans for the Unrepresented Employees; Approve the City Council Health and Retirement Benefits; and Approve the Second Amendment to the City Manager's Employment Agreement PREPARED BY: Greg Butler, Assistant City Manager RECOMMENDATION: That the City Council: 1. Approve the Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamster Public, Professional, and Medical Employee Union Local 911 effective July 1, 2017 through June 30, 2021; 2. Approve the Amended and Restated Management Compensation Plan; 3. Approve the Amended Salary Schedule to be effective July 1, 2017; 4. Approve the City Council Compensation, Health and Retirement Benefits; 5. Approve the Second Amendment to City Manager Employment Agreement; 6. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT BETWEEN THE CITY OF TEMECULA AND MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR CALPERS EMPLOYER CONTRIBUTION COST SHARING BACKGROUND: Memorandum of Understanding with California Teamster Public, Professional, and Medical Employee Union Local 911 In October of 2013, the City Council approved a 3 -year Memorandum of Understanding (MOU) with the employees represented by the Teamsters Local 911. In September 2015 the City Council approved an amendment to the 2013 MOU which extended the terms of the MOU through June 30, 2017. Pursuant to the Meyers, Milias, Brown Act, the City and Union initiated negotiations to develop the terms of a new MOU that would succeed the current MOU set to expire in June of this year. Leading up to the September 2015 MOU amendment, the City commissioned a Citywide Reclassification Study, which was performed by Creative Management Solutions, Inc. The reclassification study revealed that several members of the City employee population are/were working outside of their current classifications due to duties that have fundamentally changed because of department reorganizations, changes to staffing levels, introduction of new programs or services, and/or re- allocations of work and internal reporting relationships. An analysis revealed that the full financial exposure of implementing the Reclassification Study recommendations would exceed $1.8 Million annually. It would have been financially irresponsible to move forward with full implementation of the Reclassification Study recommendations at that time given that the projections for recurring revenues did not keep pace with expenditures in the City's five-year forecast. To address this, City and Union negotiating teams drafted a side letter which outlined a path to incrementally implement the Reclassification Study recommendations through the filling of vacancies, without impacting existing budget allocations. We are pleased to report that through attrition or by filling vacancies following the incremental implementation process, there are less than 50% of the recommended reclassifications remaining; meaning more than 50% of the reclassification recommendations have been addressed at little to no cost. One of the agreed upon terms of the proposed MOU will be to implement the remaining Reclassification recommendations, effective July 1, 2017. The negotiating team is also recommending a change in the manner in which healthcare benefits are offered to active employees to make certain the City's healthcare benefits align with the requirements of the Affordable Care Act (ACA). The ACA, as it is currently in place, requires that employers with 50 or more employees offer "qualified affordable" health insurance to all employees. In order to fulfill this obligation the ACA requires the employer to make employee -only coverage available to all employees with limited out of pocket expense based upon a prescribed formula. Traditionally the City has offered healthcare benefits through a Section 125 Cafeteria Plan which provides an $1198 monthly allocation to each employee, from which they can select a variety of benefit options which include Medical insurance, Dental Insurance, Vision Insurance, Disability Insurance, Flexible benefits including reimbursement accounts for healthcare costs not covered by medical, dental or vision coverages; and reimbursement of child/dependent care costs. Employees may also direct portions of the Cafeteria allocation to deferred compensation plans (457B) or receive it as taxable income. The ACA mandates that any employer financial allocation toward making healthcare costs affordable, referred to as a Health Flex Contribution (HFC), can only be used for Medical, Dental, or Vision Insurance premiums or be directed toward a Healthcare Flexible Spending Account, any amount not utilized for these purposes is forfeited. Therefore the negotiating team is recommending the proposed MOU include a $400 per employee monthly HFC that can only be used as described. The $400 amount was derived using the ACA's prescribed formula to make the lowest cost employee -only medical coverage affordable for the City's lowest wage rate on the salary schedule. Other terms in the proposed 4 -year MOU that affect represented employees' overall compensation include: • Providing an additional day off annually • A cost of living adjustment tied to the Consumer Price Index for Urban and Clerical Wage earners for Los Angeles, Riverside and Orange Counties (not to exceed 3%) effective July 1, 2019 (year 3 of the 4 -year MOU) • 40 -hours of administrative leave provided annually for exempt employees (those not eligible for overtime) • Temporary out of class pay up to 5% • Flexible scheduling options • Expanding the clothing allowance to include Community Development & Fire Prevention field staff • Expanding the safety equipment eligibility to all employees that perform field work • Adding grandchild to the list of those covered by bereavement leave • Adding adoptive parental leave. All other terms of the prior MOU will be carried forward into the proposed MOU in substantially the same form. The Teamsters Union held a full membership meeting on March 22, 2017 to consider the terms of the proposed MOU; the MOU was ratified by an overwhelming majority. Amended and Restated Management Compensation Plan The City's past practice is to extend similar terms and conditions of employment to Management, Confidential and Executive employees not covered by the MOU. Compensation and benefits for these non -represented employees are detailed in the Management Compensation Plan (MCP). To that end, the negotiating team proposes approval of the amended and restated MCP, which outlines similar terms and conditions of employment to those being recommended for represented staff covered by the MOU, with the following modifications; managers will receive 60 -hours of Administrative Leave annually and Executive Staff members will receive 80 -hours of Executive Leave annually. Similar to represented staff members, those employees subject to the MCP will continue to pay 3% of their pension costs, MCP staff payments will be considered a portion of the employer contribution component, with the full member contribution component reported as special compensation. Staff will be processing the requisite amendment(s) to implement the adjustments the City's contract with PERS. Similar to the MOU, all other terms of the current MCP will be carried forward in the proposed MCP in substantially the same form. The salary schedule which lists the pay ranges for all employees is being updated to include the "Y -Rate" employees, those whose current salary range is higher than their recommended classification's salary range. City Council Healthcare and Retirement Benefits For the purposes of employment benefits, the City Council members are considered employees of the City and are eligible for healthcare and retirement benefits afforded all other employees. Council Member compensation is regulated by state statute and is dependent upon population. With the passage of the Public Employment Pension Reform Act (also known as "PEPRA"") additional regulations that govern retirement benefits are now in place, and dictate eligibility for classic and new CaIPERS members. The City's actions taken many years ago to limit Other Post -Employment Benefit (OPEB) liability further drive differences in how healthcare and retirement benefits are afforded council members as eligibility is dependent upon election date (commencement of employment). Given these factors, it was necessary to segregate the City Council members into an independent group as it relates to healthcare and retirement benefits, which in turn necessitated the development of the attached Council Compensation Plan (CCP). This action allowed the full Council to participate in the labor negotiation closed session discussions as the discussion did not impact individual council members differently. The CCP simply restates the provisions formerly spelled out in the MCP as applicable to the Council Members. There are no changes to the applicable terms. The healthcare and retirement benefits afforded the Council members mirror those provided to the executive team members. Second Amendment to City Manager Employment Agreement. As the negotiating team was finalizing the proposed terms of the MCP it was determined that the terms of the City Manager Employment Agreement related to payment of employee pension costs did not conform with CaIPERS regulations. CaIPERS stipulates that an individual, in this case the City Manager, cannot be considered an independent group as it relates to retirement benefits. Therefore the City Manager's retirement benefits must align with those spelled out in the MCP, which requires each employee to pay 3% of their retirement pension costs. To treat the City Manager the same as all other employees have been treated historically, the City Manager's employment agreement will be amended such that the base salary will be increased by 3% to offset the employee paying 3% of the employee's pension costs. This adjustment has no fiscal impact to the City as the base salary increase is offset by an equivalent reduction in City pension contribution on the City Manager's behalf. Similar to the employees covered by the MCP, the healthcare benefit terms of City Manager's Employment Agreement will be amended to include a $400 monthly Health Flex Contribution that can only be used as described above and in conformance with the ACA. FISCAL IMPACT: It is challenging to precisely quantify the impact of implementing the proposed MOU and compensation plans, as over the four year term of the proposed MOU many employees will be eligible for merit based wage increases. The table below conservatively presumes: all staff members take full advantage of the HFC, will receive merit increases when eligible, and assumes a 3% COLA in year 3. MOU Year Fiscal Year Fiscal Impact % of AOB MOU/MCP/CCP CM 1 2017-2018 $1,021,824 $4,800 1.3% 2 2018-2019 $1,135,276 $4,800 1.4% 3 2019-2020 $1,617,429 $4,800 1.9% 4 2020-2021 $1,573,157 $4,800 1.7% ATTACHMENTS: 1. 2017-2021 Memorandum of Understanding between the City of Temecula and Teamsters Local 911 2. Amended and Restated Management Compensation Plan dated July 1, 2017 3. Salary Schedule 4. City Council Health and Retirement Benefits Plan 5. Second Amendment to City Manager Employment Agreement 6. Resolution Dr TEM , ®C.y 1989 rie MEMORANDUM OF UNDERSTANDING (M.O.U) Between the City of Temecula and Teamsters Local 911 Effective July 1, 2017 Table of Contents Foreword 1 Preamble 1 Article 1 Recognition 1 Article 2 Implementation 1 Article 3 Term 1 Article 4 Authorized Agents 1 4.1 City's Authorized Agent 2 4.2 General Employees Authorized Agent 2 Article 5 City Rights 2 Article 6 Employee Rights 2 Article 7 Union Rights 2 7.1 Agency Shop 2 7.2 New Hire Notification 3 7.3 Union Dues Process 3 7.4 Religious Exemption 3 7.5 Failure to Elect 3 7.6 Union Dues/Agency Fee Collection 4 7.7 Dues Check Offs 4 7.8 Records 4 7.9 Rescission of Agreement 4 7.10 Indemnification 4 7.11 Bargaining Unit Communications 4 7.12 Union Roster 5 7.13 Employee Representatives 5 Article 8 Personnel Files 5 8.1 Derogatory Material 5 8.2 Derogatory Material on File 6 8.3 Customer/Citizen Letters of Commendation 6 Article 9 Seniority 6 Article 10 Compensation Adjustments 6 10.1 Longevity Compensation 6 10.2 Special Merit Pay 6 10.3 Bilingual Pay 7 10.4 Notary Pay 7 10.5 PERS Reportability 7 Article 11 Holiday Pay 8 11.1 Assigned Schedule for Holiday Pay 8 11.2 Pro -Rated Holiday Pay 8 11.3 Scheduled to Work a Holiday 8 11.4 Work Plan for Holiday Pay 8 Article 12 City Holidays 8 Article 13 Overtime 9 13.1 5/40 and 4/10 Workweek 9 13.2 9/80 Workweek 10 13.3 Time Worked 10 13.4 Called Back to Work 10 13.5 Assignments 10 13.6 Administrative Leave 10 Article 14 Overtime Authorization 10 Article 15 Compensatory Time 11 15.1 Accrual 11 15.2 Time Used for Leave 11 15.3 Cash Out 11 Article 16 Call-Out Policy 11 Article 17 Stand-By Pay 12 17.1 Rotation of Storm-Watch Crews 12 17.2 Rotation of Banner Installation/Removal Crews 13 Article 18 Shift Differential Pay 13 Article 19 City Uniforms 13 19.1 Uniforms 13 19.2 Care of Uniforms 13 19.3 Wearing of Uniforms 14 19.4 Uniform Replacement 14 19.5 Safety Equipment 14 19.6 Safety Boots/Shoes Allowance 14 19.7 Additional Boot Allowance 14 19.8 Clothing Allowance 14 Article 20 Temporary Upgrade 14 Article 21 Out-of-Classification Pay 15 21.1 Compensation 16 21.2 Qualification 16 21.3 Voluntary Out-of-Class Work Exclusion 16 21.4 Submission of Out-of-Class Work 16 Article 22 Probationary Periods 16 22.1 Promotional Probation 16 Article 23 Eligibility for Merit Increases 17 Article 24 Tuition Reimbursement 17 24.1 Required Educational or Training Courses 17 24.2 Training Time 17 24.3 Reimbursement 18 Article 25 Employee Computer Purchase Program 18 Article 26 Safety Programs 18 26.1 Safe Driving Program 18 26.2 Injury and Illness Prevention Plan (IIPP) 19 Article 27 Driver's License Renewal 19 Article 28 Comprehensive Annual Leave Policy 19 28.1 Catastrophic Leave 22 28.2 Comprehensive Annual Leave Time Cash Out 22 Article 29 Bereavement Leave 23 Article 30 Leave of Absence for Medical or Family Care 23 30.1 Statement of Policy 23 30.2 Employee Notice of Leave 23 30.3 Employee Benefits While on Leave 23 30.4 Substitution of Paid Accrued Leaves 24 30.5 Medical Certification 24 30.6 Reinstatement upon Return from Leave 25 30.7 Required Forms 26 ii 30.8 Pregnancy Leave 27 30.9 Alternative Parental Leave 27 Article 31 Jury Duty 27 Article 32 Military Leave 28 Article 33 Leaves of Absence Without Pay 29 33.1 Procedure for Requesting Leave of Absence Without Pay 29 33.2 Procedure for Unforeseen Circumstances 30 Article 34 Health and Wellness Benefits 30 34.1 Health Coverage 30 34.2 Dental Coverage 31 34.3 Vision Coverage 31 34.4 Disability Insurance 31 34.5 Flexible Benefits Program 31 34.6 Retiree Medical, Dental and Vision Premium Reimbursement 31 Article 35 Life Insurance 33 Article 36 Retirement 33 Article 37 Deferred Compensation 34 Article 38 Late Starts 34 Article 39 Rest Periods 34 Article 40 Hours of Work 35 40.1 Participation 35 Article 41 Grievance Procedure 35 41.1 Grievance 35 41.2 Representation 35 41.3 Grievance Discussion 36 41.4 Non-Reviewable Grievance 36 41.5 Filing of Grievance 36 41.6 Grievance Time Limits 36 Article 42 Discipline 37 Article 43 Alcohol and Drug Policy 41 Article 44 Reduction In Workforce 41 Article 45 Job Actions 43 Article 46 Reasonable Accommodation of Employees With Disabilities 43 Article 47 Reclassifications 43 47.1 Reclassification Implementation (aka Salary Schedule B) 43 47.2 Reclassification Studies 44 47.3 Reclassification Request Process 44 Article 48 Performing Arts/Theater Staff 44 Article 49 Posting of Vacancies 45 Article 50 Separability 45 Article 51 Performance Evaluations 45 Article 52 Personnel Rules and Policies 46 Article 53 Notice to Meet and Confer on Policy Changes 46 Article 54 Reporting Project Employee Hours 46 Appendix A - Represented Classifications for Regular Employees 1 Appendix B — Y-Rated Employees 3 iii Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated the California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et seq.) and has been jointly prepared by the parties. Further, all side letters dated outside of the term of this MOU shall be either incorporated into this MOU, or deemed invalid and unenforceable Article 1 Recognition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") as the exclusively recognized labor organization representing authorized, regular employees assigned to job classifications as set forth in Appendix "A" of agreement. All bargaining unit employees shall be referred to as "regular employees." Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to ratification by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:00 a.m., July 1, 2017, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 2021. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: 1 4.1 City's Authorized Agent City's principal authorized agent shall be the City Manager or a duly authorized representative, 41000 Main Street, Temecula, CA 92590, (951) 694-6444, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 General Employees Authorized Agent General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 9900 Flower Street, Bellflower, CA 90706 (562) 595-4518). Article 5 City Rights The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Rights 7.1 Agency Shop The City of Temecula (City) and Teamsters Local 911, General Employees Bargaining Unit (Union) mutually understand and agree that, in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on January 31, 2002, a majority of the full time, regular employees in classifications represented by the Union voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: • Elect to join the Union and pay union dues, or • Pay an agency fee for representation, or • With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. 2 7.2 New Hire Notification All new regular employees represented by Teamsters Local 911 shall be informed by the Human Resources Department, at the time of employment, that an Agency Shop agreement is in effect for their classification. The regular employee shall be provided a copy of this Memorandum of Understanding and a form, mutually developed between the City and the Union, that outlines the employee's choices under the Agency Shop agreement. The employee shall be provided 30 calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Finance Department. Within seven (7) working days, the City shall notify the Union of each new regular employee in the bargaining unit, providing the Union the employee's name, classification, date of hire, and pay rate. 7.3 Union Dues Process The Human Resources Department will schedule a new hire orientation, which will include a meeting with a Union shop steward. The Union Steward will instruct the new hire to fill out the Agency Fee Election Form and return it to Human Resources within 30 days of their hire date. 7.4 Religious Exemption An employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting a union shall not be required, as a condition of employment, to join the union and pay union dues or pay an agency fee for representation. City understands that the Union claims it is entitled to require employees to show proof of entitlement to religious exemption status. In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to pay a fee equal to the Agency Fee, and those fees shall be remitted by the City, at the choice of the employee, to one of the following non -labor, non -religious charitable organizations: • United Way • Combined Health Agencies (CHA) • Specific charities that are supported by United Way/CHA 7.5 Failure to Elect If, after 30 days, an employee fails to make an election and provide the city a signed copy of the Agency shop employee election form, Human Resources will notify the Chief Union Steward and the City shall, by default, designate the employee as an agency fee payer. Once defaulted, the City then notifies the Union. The Union then mails the employee their "Hudson Rights". 3 7.6 Union Dues/Agency Fee Collection The Finance Department shall deduct union dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Finance Department. Employees on leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. For the purposes of this section, leave without pay shall mean that an employee is not receiving any pay in the form of Comprehensive Annual Leave (CAL) time, Compensatory Time, Holiday Pay, or any other type of paid leave benefit such as Workers' Compensation, short-term, or long-term disability payments. The City will notify the Chief Shop Steward, on a monthly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. 7.7 Dues Check Offs The City shall deduct Union dues/Agency fee from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorize in writing shall comply with appropriate laws and regulations. 7.8 Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all unit members and dues paying status with each union dues check remitted to the Union. 7.9 Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by the California State Mediation and Conciliation Service and in accordance with state law. 7.10 Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 7.11 Bargaining Unit Communications The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union 4 business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by the Human Resources Department. B. Posted materials must be dated by Human Resources Department and may be removed by the Human Resources Department and/or the Union after ten (10) calendar days. C. Unauthorized materials may not be posted on City bulletin boards. City Email The Union may utilize the City's e-mail for bargaining unit communication with prior Human Resources approval. 7.12 Union Roster The Union shall provide the City, and shall maintain, a current list of the names and all authorized representatives of the General Employee Unit. 7.13 Employee Representatives Four (4) shop stewards, along with three (3) alternate shop stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) shop stewards, along with three (3) alternate shop stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from the Human Resources Department (training not to exceed more than 2 times per year). The Union is to meet with the City Manager at least two (2) times per year during the life of this agreement. Article 8 Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. A unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of 5 documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, the Human Resources Department must receive a formal written request from the employee to remove such materials. 8.2 Derogatory Material on File Regular employees shall be provided a copy of any derogatory material that is to be placed in their official file kept within the Human Resources Department. 8.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority" shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. Article 10 Compensation Adjustments Wages: Effective July 1, 2019, all employees subject to this agreement shall receive a Cost of Living Adjustment equivalent to the lower of either the percentage change of the Annual CPI for Urban and Clerical Wage earners for Los Angeles, Riverside and Orange Counties for calendar year 2018 as compared to 2017, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. The HR Department shall notify employees as soon as practicable in 2019 as to what the wage increase will be in 2019 10.1 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. Upon completion of 25 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $1,000. 10.2 Special Merit Pay 6 In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible regular employees. All regular employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, if they have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. If a regular employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. 10.3 Bilingual Pay Regular employees who have demonstrated the ability, by passing an annual City administered test, to translate both written and spoken Spanish, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) regular employees in each operating department. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee, to meet the City's needs. 10.4 Notary Pay The City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. 10.5 PERS Reportability The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CaIPERS service credit or pensionable income. Employees/Union expressly acknowledge that any determination by CaIPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CaIPERS in connection with this Agreement. 7 Article 11 Holiday Pay 11.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8), or nine (9), or ten (10) hours, depending on the employee's work schedule for the applicable City observed holiday, 11.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 11.3 Scheduled to Work a Holiday Work on a holiday: if a Regular Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). Those employees on stand-by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand-by Pay). 11.4 Work Plan for Holiday Pay Work Plan - Holiday on Employee's Scheduled Day Off: If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. Article 12 City Holidays Regular employees receive a total of 12 City holidays each calendar year. The City observes the following 11 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day %2 day — Christmas Eve Afternoon Christmas Day %2 day — New Year's Eve Afternoon Observance: holidays which fall on a Saturday will normally be observed on Friday, holidays which fall on a Sunday will normally be observed on the following City Manager will determine the actual dates on which holidays will be observed the case of the % day holiday observances, City facilities will be closed to the publ 8 the preceding Monday. The each year. In is at noon. Either an eight (8), nine (9), or ten (10) hour floating holiday is provided at the beginning of each fiscal year depending on the employee's assigned work plan. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Floating holidays must be scheduled in advance. Employees shall submit, to their supervisor/department director, a first and second request of preference. If denied, employees are allowed to take the holiday at a mutually agreed to later date. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Workers' Compensation, short-term, and long-term disability payments shall be considered paid status for the purpose of eligibility. Article 13 Overtime With the exception of Article 13.6, Article 13 applies to non-exempt, regular employees. The City shall comply with the Fair Labor Standards Act. All employees required to perform in excess of 40 hours in a workweek, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform work in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. (Note: Performing Arts/Theater Staff should refer to Article 48 for additional information regarding theater overtime scheduling.) In determining a regular employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime hours in accordance with Article 15, Compensatory Time. In addition the following provisions apply: 13.1 5/40 and 4/10 Workweek 9 Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 13.3 Time Worked Time worked: for purposes of this policy, hours worked include only those hours in which the regular employee performs services authorized by the City. 13.4 Called Back to Work A regular employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Assignments Overtime assignments will be offered through an equitable process. Assignments for scheduled events will first be offered to volunteer(s). Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. 13.6 Administrative Leave Bargaining unit employees designated as exempt under the Fair Labor Standards Act (FLSA) shall be afforded 40 hours of Administrative Leave annually as an offset for not being able to earn overtime. Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. Article 14 Overtime Authorization This Article applies to non-exempt regular employees. No regular employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. 10 Violations of this article can result in disciplinary actions pursuant to Article 42 and the City's Disciplinary Policy. Article 15 Compensatory Time This Article applies to non-exempt regular employees. In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) a regular employee may elect, to receive compensatory time off on a time and one-half basis for each hour worked. Compensatory Time Off is considered permissive leave. In addition, the following shall apply regulating the usage of compensatory time off: 15.1 Accrual No regular employee shall accrue more than 80 hours of compensatory time. 15.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 Cash Out All compensatory time that is available to a regular employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The compensatory time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 1St Article 16 Call -Out Policy This Article applies to non-exempt regular employees. Call -out duty applies to all regular employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call -out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call -out. The second type of call -out is termed a non -response call -out and occurs when an employee is contacted remotely and can resolve the problem without having to physically leave their residence and report to work. Regular employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees who are not designated on stand-by status and are called out will receive compensation for the time they leave their residence to the time that they leave the duty station. Regular employees who have a response call -out will be credited with all hours worked; with a minimum of three (3) hours, including travel time, at one and one-half times the regular (non - 11 overtime) rate of pay. In addition, call -out Pay will be paid to employees and cannot be included in any Comp Time bank. Regular employees who have a non -response call -out will be compensated at one (1) hour of time and one-half, if the non -response call -out occurs between 6:31 a.m. and 12 midnight. If the non -response call -out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (2) hours of one and one-half times regular (non -overtime) rate of pay. If applicable, employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during call -out situations. Article 17 Stand -By Pay This Article applies to non-exempt regular employees. In any situation where a regular employee has been in a designated "stand-by" status and is to remain on-call, the employee shall be compensated at the rate of $230 for each seven (7) day stand-by period or pro -rated on a daily basis ($32.86/day). Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees may also be designated on stand-by status for individual days and stand-by status can be applied to any regular employee. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for stand-by duty will be scheduled on a rotational basis. This 7 -day stand-by period includes designated weekdays off that are part of an alternative Work Plan, as well as weekends and holidays. If applicable, regular employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during stand-by situations. Regular employees on stand-by status shall be required, at all times, to carry a functioning, City provided cell phone and be able to respond within 15 minutes of being contacted. Upon responding, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Regular employees designated as stand-by on a City holiday will receive an additional $50 for that day. A: Substitution of stand-by duty: Supervisor must approve all substitutions. There are two (2) types of substitutions related to stand by duty, as follows: 1. Straight Substitution: Employee may request co-worker substitution, subject to approval of supervisor with minimum of 48 hours' notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through a lottery system. 2. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. In both instances above the substituting employee will receive the appropriate daily rate of 1/7 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm -Watch Crews 12 As regular employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or their designee, may implement a Storm -Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. 17.2 Rotation of Banner Installation/Removal Crews Pursuant to a quarterly schedule prepared by the Maintenance Superintendent, the Public Works Maintenance Division employees may be assigned to Banner Installation/Removal Crews for special event purposes throughout the year. Article 18 Shift Differential Pay This Article applies to non-exempt regular employees. Regular employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays along with the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays, and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. Regular employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a day where their shift is split into segments with two hours or more between segments. Article 19 City Uniforms City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee in Fire, Community Development, Public Works, and Community Services is responsible for wearing a City furnished uniform at all times while performing City -related work. 19.1 Uniforms The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to field employees in Fire, Community Development, Public Works, and Community Services. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Care of Uniforms 13 The City shall provide laundry service for the uniforms. Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness. Hair, jewelry and accessories must not impede the safe and efficient execution of their duties. 19.3 Wearing of Uniforms A uniform, or any part of it, shall be worn only during working hours and while traveling between work and home. City uniforms shall not be worn outside of working hours unless authorized by their department. 19.4 Uniform Replacement The City will determine the need for and timing of uniform replacement. 19.5 Safety Equipment The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety Boots/Shoes Allowance Safety boots or shoes as determined by the City shall be worn with the uniform. Ordinarily tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. This allowance is $175. The boot allowance will be paid in the first full pay period of July. Regular employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 19.7 Additional Boot Allowance If field staff require specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval) additional boot allowance may be provided at the discretion of the Department Director. 19.8 Clothing Allowance Regular employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, Code Enforcement Officers, and Fire Inspectors, are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. Article 20 Temporary Upgrade As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the 14 interim changes. This policy allows the City to temporarily upgrade the affected employee. It shall be the responsibility of the Department Director to notify Human Resources Department, in writing, to implement the temporary upgrade for any affected employee. Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. With the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties on an interim basis provided that all the following criteria are satisfied: A. The higher level position is vacant and is approved by the City Manager for new or continued staffing, B. The duties of the higher level position are outside of the scope of the employee's current classification as determined by the City Manager, or a designee, C. The vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. The employee possesses the minimum qualifications or the requisite knowledge, skills and abilities to perform the work of the higher classification. Salary: the salary of an employee in a Temporary Upgrade Assignment shall be increased between 5% and 10% for the period of the temporary assignment, or to the first step in the range of the temporary classification, whichever is greater. If an employee is performing duties of a non -represented management classification as part of the Temporary upgrade, the employee's salary shall be increased by approximately 10%, or to the first step in the range of the temporary classification, whichever is greater, and shall be subject to the FLSA designation (i.e. exempt vs. non-exempt) of the management position. Employees who are non-exempt, but assume an exempt Temporary Upgrade position shall accrue Administrative/Executive Leave on a pro -rated basis as consistent with the accrual assigned to the assumed Classification in the Management Compensation Plan. If a position is created (i.e. a classification does not already exist) for a Temporary Upgrade, the range shall be set at the lowest range found in the Classification Level in the Classification Structure following an internal assessment justifying said placement. The difference between an employee's usual pay and temporary upgrade pay will only be reported to CaIPERS as income to the extent permissible by law. Human Resources will provide copies of, and/or citations to, the applicable law(s) upon request of the employee. The City Manager, or a designee, shall establish the effective dates of a Temporary Upgrade Assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is ongoing due to extenuating circumstances and approved by the City Manager. In the event an employee serves in a Temporary Upgrade Assignment for more than 1 -year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. Article 21 Out -of -Classification Pay Employees may be assigned to perform a portion of the duties of a position in a higher classification on a temporary basis. Such assignments shall be termed "out of classification" or 15 "out -of -class" work. Out -of -class work is only subject to out -of -class compensation when one or more of the Qualification criteria below are met. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a higher level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non -habitual and does not constitute out of classification work subject to reclassification studies as outlined in Article 47. 21.1 Compensation City agrees to compensate Employees, at that certain step in the salary range of the higher classification which generates an increase above the employee's current salary of not less than five percent (5%). 21.2 Qualification To qualify for out -of -class pay, Employee must be assigned by Employee's Department Head, or by such person designated by Department Head, to perform work of a higher job classification. Employee shall be compensated on an hour -for -hour basis for out -of - class work for each instance where out -of -class work is assigned. Although a vacancy is not required to qualify for out -of -class pay, employees shall not remain in out -of -class pay for more than 180 days per assignment. 21.3 Voluntary Out -of -Class Work Exclusion It is understood that in an effort to assist Employees in obtaining experience or training for future promotional opportunities, Employees may from time to time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of employees shall not be eligible for compensation as out -of -class pay. 21.4 Submission of Out -of -Class Work Out -of -classification work must be reported on the timesheet that corresponds with the pay period it was worked. Under no circumstances shall compensation for out -of - classification work be issued more than ninety (90) days retroactively, unless previously approved by the City Manager. Article 22 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of full time employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. The City can extend probation for a maximum of six (6) months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 22.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not less than six (6) months of full time employment in the position. During the probation 16 period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 23 Eligibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, for a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments (based upon performance and the policy as stated in the Performance Evaluation and Compensation System-PEACS) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. In addition, during the life of this agreement, supervisors and managers shall conduct annual evaluation meetings within 30 days of the employee's anniversary date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not a Y -Rated employee or at the maximum rate for their salary range. Approved merit adjustments will be retroactive to the official evaluation due date. Article 24 Tuition Reimbursement When a regular employee is ready to enroll in courses and receive tuition reimbursement, the employee must receive supervisor pre -approval for the tuition reimbursement. If approved, the supervisor shall submit a pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee will agree to continue employment with the City for one (1) year beyond the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 24.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources Department. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next pay period. 24.2 Training Time 17 In general, training time during working hours shall be considered part of employment. Non -mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 24.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job-related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is the City will reimburse employees for three (3) general education classes, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Article 25 Employee Computer Purchase Program This program allows regular employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad, and similar "computer tablet" devices, with a loan repayment plan of up to 24 months. An employee may only have one loan outstanding at any time. To qualify for the program, employees must be regular, full-time/part-time employees and have successfully passed their one (1) year probationary period. Loans can be received by either reimbursement of costs or direct payment to vendor (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12 month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 26 Safety Programs 26.1 Safe Driving Program Bargaining Unit employees, who are assigned to a to a City vehicle, are eligible to participate in the Safe Driving Award Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any "preventable" vehicle accidents during any given full fiscal year. 18 An accident is any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non -preventable". Preventable — the regular employee failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non -Preventable — the regular employee did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Qualifying employees are recognized and receive awards after one (1) year and then in five (5) year increments thereafter. 26.2 Injury and Illness Prevention Plan (IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. This Injury and Illness Prevention Plan (IIPP) was designed to promote a safe work environment. To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan (IIPP). Article 27 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For California Commercial driver's licenses (A & B), renewal requirements, DMV fees, physicals and training are to be paid by the City. Release time: for the purposes of obtaining and/or renewing a Class A Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. Paid release time shall not be granted if the employee's license has already expired. When an employee is notified by the Department of Motor Vehicles that their Class A Driver's License is about to expire, the employee needs to follow the DMV instruction for Class A renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) needs to be submitted to Human Resources for verification purposes. Article 28 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave from the date of hire. 19 Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. The CAL accrual rate for FLSA non-exempt employees is as follows: Annual Increment Annual Leave (hours) Biweekly Accrual Rate (hours/pay period) Maximum Accumulation (hours) Hire Date 161 6.192 322 2-4 Years 177 6.808 354 4-6 Years 217 8.346 434 6-8 Years 233 8.962 466 8-10 Years 249 9.577 498 10+ Years 273 10.500 546 15+ Years 273 10.500 658 The CAL accrual rate for FLSA exempt employees is as follows: Annual Increment Annual Leave (hours) Biweekly Accrual Rate (hours/pay period) Maximum Accumulation (hours) Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave accrual: annual leave will be earned on a prorated rate each pay period. Maximum balance: The maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at any one time, is two (2) times the employee's annual accrual. Employees with 15 or more years of service may accrue up to a maximum of two (2) times the employee's annual accrual, plus 80 hours. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two (2) times the annual accrual limit for good cause shown. Requesting time off: a leave request form is to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. If a regular employee requests specific days off at least six weeks in advance, and if that request is otherwise proper under this Article, that time shall be considered locked and cannot be displaced by a non -regular employee seeking to take the same time off. Scheduling: the scheduling of Comprehensive Annual Leave shall be determined by the employee's supervisor based upon: first, the needs of the City; second, the employee's 20 request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority within the department will be given the first opportunity to select their vacation. If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the regular employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turnaround time for this approval is also important when considering an employee's request for multiple time -off requests over the course of a year. The MOU and current City policy do not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank to cover their leave request, before the scheduled leave commences. If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating "personal" for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. Management can only strongly encourage that an employee keep a "safe" number of hours on the books in the case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. Legitimate leave of absences such as workers' compensation, disability, or extended illness should not be factored in when approving/disapproving time -off requests. In addition, the City encourages communication between employees and their supervisor and it is acceptable for the employee and the supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of a Grievance Procedure (Article 41), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources Department. The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. 21 Separation of employment: upon separation from employment from the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non -overtime rate of pay. An employee may run out their remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. terminal leave) if the employee provides a minimum notice of 45 calendar days before the terminal leave commences. In cases with extraordinary circumstances, terminal leave requested with less than 45 calendar days' notice is subject to approval by the City Manager at his/her sole discretion. In all instances, written notice of separation from employment shall: 1) include the final date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or anyone in the Human Resources Department 28.1 Catastrophic Leave Upon approval by the City Manager, or designee, employees may donate a maximum of 16 hours (if 120 hours remain in donating employee's CAL bank) to a co-worker in the event of a medical emergency to the employee or an immediate family member of the employee. (Refer to Article 29, Bereavement Leave, for definition of family member.) A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. The City reserves the right to request a doctor's note to verify the medical emergency. In addition, the City Manager may in his/her sole discretion may approve the application of this section to provide extended time off in addition to an employee's protected leave (e.g., FMLA, CFRA, PDL, etc.). The City will pool all hours that are donated and employees, who are eligible for the donation, will receive said donation from the pool. The maximum donation to individual employees is 160 hours per fiscal year. 28.2 Comprehensive Annual Leave Time Cash Out In June, employees may cash out Comprehensive Annual Leave (CAL) time under the following criteria: A. May cash out up to a maximum of 120 hours. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL time during the fiscal year. The CAL time cash out will be provided by the end of the fiscal year on a separate check. The CAL time cash out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. The City Manager in his/her sole discretion may allow an employee to cash out CAL time before the end of the fiscal year if the employee is faced with a financial emergency; however, the employee is still only allowed one cash out per fiscal year as outlined in this section. 22 Article 29 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may also use CAL time in conjunction with bereavement leave. Regular employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, registered domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. B. A leave request form must be completed by the employee and approved by their supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave requests after the employee returns to work. In addition, the supervisor may require verification that bereavement leave was warranted. Article 30 Leave of Absence for Medical or Family Care 30.1 Statement of Policy It is the intent of the City to comply fully with the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1995 (CFRA). Nothing in this MOU is intended to restrict employees' rights under these laws. Unless otherwise provided in this article, "Leave" under this article shall mean leave of absence, including employees' rights and obligations, pursuant to the FMLA and CFRA. Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation. 30.2 Employee Notice of Leave Although the City recognizes that emergencies arise which may require regular employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute. For foreseeable leave due to a qualifying exigency under the Armed Forces Reserves or National Guard, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 30.3 Employee Benefits While on Leave 23 Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g. unpaid wages, vacation pay, etc.). Regular employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. 30.4 Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting leave for medical or family care. A. Employee's Right to Use Paid Accrued Leaves Concurrently with Leave for Medical or Family Care. Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. B. City's Right to Require an Employee to Use Paid Leave When Using Leave for Medical or Family Care Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. Employees are required to use accrued Compensatory Time as a first means of paid leave concurrently with any leave for medical or family care. 30.5 Medical Certification Regular employees who request leave for their own serious health condition or to care for an eligible family member who has a serious health condition must provide written certification from the health care provider of the individual requiring care. 24 If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Regular employees who request leave to care for an injured service member who is an eligible family member of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. When an employee requests leave because of a qualifying exigency under the Armed Forces Reserves or National Guard, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active duty service. A. Time to Provide A Certification When an employee's leave is foreseeable and at least 30 days' notice has been provided, the employee must provide medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of leave until the required certification is provided. C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave On A Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. 30.6 Reinstatement upon Return from Leave 25 A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically On Condition Employees may be required to periodically provide an update report and intent date to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform job duties, the employee must obtain and present a certification from their health care provider stating that the employee is able to resume work. The return to work certification must be provided to Human Resources Department prior to the employee resuming any duties. Failure to provide such certification will result in denial of reinstatement. If the health care provider imposes work restrictions on the employee, the return to work certification must list any work restrictions and the time frame for those restrictions. At the conclusion of the work restriction schedule, the employee must obtain and present a certification from the health care provider that the employee is able to resume work. Failure to provide such certification to the Human Resources Department will result in denial of reinstatement. 30.7 Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Leave of Absence Form" provided by the City. 2. Medical certification—either for the employee's own serious health condition or for the serious health condition of an eligible family member. 26 3. "Statement of Family Relationship" when leave is to care for an eligible family member. 4. Authorization for payroll deductions for benefit plan coverage continuation; and 5. Certification to return work from appropriate health care provider. 30.8 Pregnancy Leave It is the intent of the City to comply fully with the California Pregnancy Disability Leave Law. A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence, the employee has the option of using CAL time to supplement any short-term disability benefits. In addition, employees who are out on Pregnancy Leave will also be designated as protected under FMLA concurrently as applicable under these laws Upon expiration of the approved leave, prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. 30.9 Alternative Parental Leave The City shall provide six weeks of paid leave to employees for the purpose of bonding with a child in connection with the surrogate birth, adoption or foster care placement of that child. The child may be from a surrogate or non -surrogate parent or agency. The six weeks shall be paid at the rate of 2/3 of the employee's current base salary, and no other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their current base salary in conjunction with this leave. The six weeks of leave need not be used consecutively; however, it is limited to the first year after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Alternative Parental Leave is intended to provide paid leave to parents similar to that afforded to new mothers eligible for disability leave, so Alternative Parental Leave may not be used in combination with disability leave connected with giving birth to a child. Article 31 Jury Duty The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civil/criminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. 27 If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report for jury duty, the employee must provide a copy of the summons to his or her supervisor immediately_upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. Defining "Practical" Return to Full Duty When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two (2) hours or less are remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may 28 determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. Consistent with the City of Temecula City Council Resolution 90-067, the military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 33 Leaves of Absence Without Pay This provision applies to leaves, which are not covered by other provisions within the MOU. Leave of Absence Without Pay is to be used for the purpose of unforeseen circumstances or other situations where leave is requested by the employee. The unforeseen circumstances under this type of leave do not relate to FMLA or pregnancy leaves of absences. In all cases, Leaves Without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 33.1 Procedure for Requesting Leave of Absence Without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence Without Pay. Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence Without Pay. Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence Without Pay in excess of five (5) business days. 29 Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence Without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence Without Pay for more than two (2) monthly premium payment periods. Employees shall retain the status of employee while on Leave of Absence Without Pay. However, a Leave Without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 33.2 Procedure for Unforeseen Circumstances Requests for Leave of Absence Without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will apply to a requested Leave of Absence Without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. Article 34 Health and Wellness Benefits The City shall provide each active employee with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City - sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit). The City shall also provide each employee with a Cafeteria Contribution of $1,200 per month. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account, or taken as taxable income. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) shop stewards as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 34.1 Health Coverage 30 During the life of this agreement, the City agrees to continue offering the PERS Health Plan. An employee seeking to opt out of City -sponsored medical insurance must provide documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the employee and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 34.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the dental plan for the respective Plan Year. 34.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefits Committee prior to selection of the vision care plan for the respective Plan Year. 34.4 Disability Insurance The City mandates enrollment in short-term and long-term disability insurance for all represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage's. 34.5 Flexible Benefits Program The City will continue to offer, as long as lawfully permitted, a Flexible Benefits Program during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical, dental and vision plan deductibles and co -payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. 34.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: 31 A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, benefited position status; who retire from the City of Temecula on or after July 1, 2003; in accordance with CaIPERS standards. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuant to Article 44 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CaIPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this M.O.U. will be eligible for a reimbursement, for monthly premiums (not including co -payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 34.1, 34.2 and 34.3 of this agreement. This payment will begin within 30 days of the employees' PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the City will be calculating the reimbursable amount based on the AFTER the mandatory employer contribution rate established by PERS annually. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. 32 For all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Article 35 Life Insurance The first day of the month following date of hire a regular employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to regular employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. Article 36 Retirement The City has established a multi -tiered retirement benefit. Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. For 2017, that percentage is 6.75%. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS. Highlights include the following: Tier 1 • A three-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service 33 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, employees shall pay 3% of their PERS member contribution. The City agrees to continue to pay the balance of the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. Regular City employees are not covered under Social Security (1.45% Medicare only). Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Article 37 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 38 Late Starts This Article applies to non-exempt regular employees. A regular employee who is tardy to work or upon returning from break or lunch shall be docked pay at the discretion of the Department Director or designee(s). Such docking shall be rounded to the nearest 15 minute increment. However, if the employee is tardy for a period of less than 7 %2 minutes, then no docking of pay shall occur. If the employee is tardy between 7 %2 and 15 minutes, then a full 15 minutes shall be docked. An employee and their department manager, upon mutual agreement, may make up late time by either coming in early, staying late, or shortening their lunch hour (lunch hours can only be shortened if employee is on a 1 hour a day lunch schedule) to make the time up. It is understood the time to be made up must be made up within the same 7 day work period the late time occurred, that no overtime will result from making up late time, and that there shall be no disruption to City services or operations. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 39 Rest Periods All represented employees may take, for each full eight (8), nine (9), or ten (10) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 %2 -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, at the direction of the department, 34 rest periods nearby the work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Exceptions to this rule must be with supervisory approval. Rest periods are not cumulative. In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 40 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer alternative work plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative work plans include: • 9/80 Work Plan: an employee works nine (9) days in a two -workweek period, but not more than 40 hours in either workweek. • 4/10 Work Plan: an employee works four (4) 10 -hour days in a workweek for a total of 40 hours. 40.1 Participation Participation in the alternative work plans is on a City wide basis. Employees have the option of participating in an alternative work plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change work plans on a temporary or on-going basis. Article 41 Grievance Procedure The purpose of this article is to promote improved employer-employee relationships by establishing procedures for appealing management actions. To afford employees, individually or through representation, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. This process is intended to provide settlement of grievances as near as practicable to the point of origin. 41.1 Grievance A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 41.2 Representation 35 A regular employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 41.3 Grievance Discussion A regular employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 41.4 Non -Reviewable Grievance A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary. B. Appeals from formal disciplinary action. C. Appeals from work performance evaluations. However, there may be an allowable grievance if a bargaining unit member conducts a formal evaluation of another bargaining unit member. 41.5 Filing of Grievance In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 41.6 Grievance Time Limits The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. Step 1 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observer for the grievant must be the shop steward for the grievant's appropriate group. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. 36 Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, may within five (5) business days appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee may within five (5) business days move the grievance to Step 3. Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final Step If the grievance is not settled in Step 2, the employee and their representative, if any, may within five (5) business days appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. Article 42 Discipline General Statement of Policy: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of Disciplinary Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warning: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. The supervisor/department director shall include in the formal 37 warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be present during this process. Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. Upon 38 request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal: Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. Resignation: An alternative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable: Denial of merit or pay increases, performance evaluations, informal discussions, oral counselings, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. Administrative Suspensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The notice should include the following information: 1. A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 39 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. Employee Review and Response: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. Failure to respond within the time specified may result in the employee's waiver of their pre -disciplinary procedural rights. By mutual agreement, the specified time period may be extended. C. Department Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to be taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Director enough time to adequately review the employee's response before making a decision. D. Appeal of Department Director's Decision: An employee may appeal a Department Director's decision within ten (10) business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: E. Minor Disciplinary Suspension, Reduction in Pay and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. F. Maior Disciplinary Suspension, Reduction in Pay, Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually 40 agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. G. Amended Notice of Disciplinary Action: At any time an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 43 Alcohol and Druq Policy It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy over the life of this agreement. Article 44 Reduction In Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no full time benefitted employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Layoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: 41 A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources Department. The overall evaluation rating will be utilized for purposes of determining performance. If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall performance. Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to a limited re -opener to discuss needed adjustments to Article 44. B. Documented disciplinary actions above the written reprimand level during the preceding 12 months C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction -in -force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who at the time of the reduction -in -force, held a position in the same job classification. The City may also offer voluntary layoff packages to employees. These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regular full-time position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of their layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave. C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. 42 Article 45 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. Article 46 Reasonable Accommodation of Employees With Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case-by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The bargaining unit recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The employee's bargaining unit will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the bargaining unit with written notice of its intent to disregard the provision, and if requested will allow the business representative of the bargaining unit the opportunity to discuss options to disregarding the agreement. Article 47 Reclassifications 47.1 Reclassification Implementation (aka Salary Schedule B) Effective the first full pay period following July 1, 2017, the City shall implement all of the remaining, finalized employee reclassification recommendations issued by Creative Management Solutions in 2015 and 2016, and finalized employee reclassification recommendations issued by CPS HR Consulting prior to June 30, 2017, with the exception of the following individuals: a. employees who have promoted since receiving a reclassification recommendation as described above; b. employees who have already been reclassified to their final employee reclassification recommendation as described above; c. employees who have separated from employment with the City. Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's 43 salary range shall retain their current salary range as a "y -rated" salary range. Y -rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y -rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Those employees assigned to y -rated salary ranges shall be listed in Appendix B. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 47.2 Reclassification Studies If any regular employee, during the term of this agreement, believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. This request must be made by October 1St so the process can be completed in time for the mid -year budget or annual budget as determined by the City. Only employees whose work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re -allocations of work and internal reporting relationships may be considered for reclassification. 47.3 Reclassification Request Process Employees must make a request for a reclassification study in writing to the Human Resources Department to initiate the process. The employee will then be required to complete a Position Description Questionnaire (PDQ). If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re- allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 1St of the following calendar year, and the results are not appealable. Article 48 Performing Arts/Theater Staff This Article applies to non-exempt regular employees. Regular employees who work at the City of Temecula Old Town Temecula Community Theater are provided benefits in accordance with the M.O.U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. B. Employees who do not receive a meal break after the 5th hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. The City utilizes outside production companies therefore if a meal penalty occurs, employees will be compensated at time and a half by the production company, in accordance with the M.O.U. 44 C. With regards to overtime, all employees shall be compensated in compliance with Article 13 (Overtime) of the M.O.U. D. Employees shall receive an 8 hour rest period between work periods, as outlined in Article 13.4 (Overtime). Article 49 Postinq of Vacancies The City will fill all bargaining unit vacancies consistent with this MOU. The City agrees to conduct a competitive process for any bargaining unit vacancy, including internal recruitment opportunities, during the life of this agreement. • During the first five working days of posting, only regular employees may submit applications. • If three qualified applicants are not found, the recruitment may be opened to only regular employees and project employees for five working days, or be opened to all internal and external applicants at the Department Director's discretion. Article 50 Separability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be no obligation on either party to agree on a replacement provision. Article 51 Performance Evaluations Five (5) rating levels with measurable criteria and detailed definitions have been established to ensure consistency in the evaluation process throughout all City departments. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 10.2. All managers and supervisors will be trained in communication skills to enhance their ability/knowledge to give employees the tools needed to achieve acceptable rating levels and maintain a successful career path within 90 days of becoming a manager or supervisor of a bargaining unit member. Bargaining Unit members working in a supervisory position may conduct performance evaluations for other bargaining unit members; however, those in lead roles shall only provide input to managers and/or supervisors conducting performance evaluations. If an employee's overall rating drops two (2) rating levels from one evaluation period to the next evaluation period — the employee has the right to appeal the rating with representation from both the Union and the City Manager's office present. When there is a change with whom a bargaining unit member reports to, their evaluation for that rating period will be completed in the following manner: a. The evaluation will be completed by the supervisor that had the employee under their supervision the most during that 12 -month period. b. The new supervisor will provide input and establish a new set of goals/objectives. c. The employee's evaluation date will not change unless the change to a new supervisor is due to a promotion. 45 Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources Department, on a mutually agreed upon schedule. Human Resources Department and the Union will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation and the employee notified of the determined date. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). The Union can initiate payment by contacting Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. Article 52 Personnel Rules and Policies The City shall submit any proposed changes to Personnel Rules to the Union prior to implementation. Article 53 Notice to Meet and Confer on Policy Changes The City shall meet and confer on any policy change that comes within the scope of representation under the Meyers-Milias-Brown Act (MMBA). Article 54 Reporting Project Employee Hours The City shall provide a quarterly report to Union Leadership, outlining Project Employee Titles, Department, and year-to-date Hours Worked. 46 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after the date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: For the Union: Greg Butler Chester Mordasini Assistant City Manager President, Teamsters Local 911 Isaac Garibay Graciela Mata Gomez Human Resources Manager Consultant, Teamsters Local 911 Jennifer Hennessy Leslie Wytrykus Finance Director Union Steward Charles Walker William Becerra, Jr. Economic Development Analyst Union Steward Tom Cole Union Steward Juan Jaime Union Steward 47 Appendix A - Represented Classifications for Regular Employees Accountant I * Landscape Inspector I Accountant II * Landscape Inspector II Accounting Assistant Lead Maintenance Accounting Support Supervisor Maintenance Worker I Accounting Technician I * Maintenance Worker II Accounting Technician II * Management Aide I Administrative Assistant Management Aide II Aquatics Coordinator Management Aide III Aquatics Supervisor I * Management Assistant Aquatics Supervisor II * Office Specialist I Assistant Engineer I * Office Specialist II Assistant Engineer II * Park Ranger I Assistant Planner Park Ranger II Associate Civil Engineer Park Ranger III Associate Engineer I Plan Checker Associate Engineer II Planning Technician Associate Planner I Public Works Inspector I Associate Planner II Public Works Inspector II Building Inspector I Purchasing Assistant Building Inspector II Purchasing Supervisor Business License Assistant Records Coordinator Business License Supervisor Records Supervisor Business License Technician Records Technician Buyer I * Senior Accountant Buyer II * Senior Accounting Technician Cashier Senior Administrative Assistant Code Enforcement Officer I Senior Building Inspector Code Enforcement Officer II Senior Business License Technician Community Development Processing Supervisor Senior Buyer Community Development Services Technician I Senior Code Enforcement Officer Community Development Services Technician II Senior Community Development Services Tech Community Services Assistant Senior Fire Inspector Community Services Coordinator I * Senior IT Specialist Community Services Coordinator II * Senior Landscape Inspector Community Services Specialist I * Senior Office Specialist Community Services Specialist II * Senior Public Works Inspector Community Services Supervisor I * Senior Records Coordinator Community Services Supervisor II * Senior Signal Technician Construction Manager Senior Support Services Technician Custodian I Signal Technician I Custodian II Signal Technician II Engineering Technician I * Supervising Park Ranger Engineering Technician II * Supervising Public Works Inspector Field Supervisor (Building, Code, Fire) Support Services Assistant Field Supervisor (Streets, Parks, Facilities, Traffic Signals, Landscape Inspection) Support Services Supervisor Fire Inspector I Support Services Technician Fire Inspector 11 Theater Technical Assistant IT Specialist I * Theater Technical Coordinator I IT Specialist II * Theater Technical Coordinator 11 IT Supervisor Theater Technical Specialist 1 IT Technician 1 * Theater Technical Specialist 11 IT Technician 11 *Flexibly staffed position. Any additions, removals, or changes to Appendix A of the MOU is subject to meet and confer with Teamsters Local 911, and subject to provisions set forth in City Employer -Employee Resolution 93-38 adopted by City 5/11/1993. I I Appendix B — Y -Rated Employees Employee Name Classification Denise Jacobo Administrative Assistant (Y -Rate) Judy McNabb Administrative Assistant (Y -Rate) Shelley Pollak Administrative Assistant (Y -Rate) Shirley Robinson Administrative Assistant (Y -Rate) Sam Sek Custodian II (Y -Rate) Jerzy Kanigowski Management Assistant (Y -Rate) Theresa Harris Senior Community Development Processing Technician (Y -Rate) Stephen "Jay" Oldham Senior Public Works Inspector (Y -Rate) ..l 1(7 -p The F!rsirt of Sou! her CGllilornil W.le Count r'+' City of Temecula Management Compensation Plan Effective July 1, 2017 Table of Contents Section 1: Introduction 3 Section 2: Personnel Files 3 2.1 Derogatory Material 3 2.2 Derogatory Material on File 4 2.3 Customer/Citizen Letters of Commendation 4 Section 3: Hours of Work 4 3.1 Participation 4 3.2 Work Week 4 3.4 Alternating Day Off Designation 5 3.5 Flexible Working Hours 5 Section 4: Compensation Adjustments 5 4.1 Longevity Compensation 5 4.2 Special Merit Pay 5 4.3 Bilingual Pay 6 4.4 Notary Pay 6 4.5 PERS Reportability 6 Section 5: Holiday Pay 6 5.1 Assigned Schedule for Holiday Pay 6 5.2 Pro -Rated Holiday Pay 6 5.3 Scheduled to Work a Holiday 7 5.4 Work Plan for Holiday Pay 7 5.5 Floating Holiday 7 Section 6: City Holidays 7 Section 7: Overtime 8 7.1 Time Worked 8 Section 8: Overtime Authorization 8 Section 9: Compensatory Time 9 9.1 Accrual 9 9.2 Time Used for Leave 9 9.3 Cash Out 9 Section 10: Shift Differential Pay 9 Section 11: Temporary Upgrade 9 Section 12: Out -of -Classification Pay 10 Section 13: Probationary Periods 11 13.1 Promotional Probation 11 Section 14: Eligibility for Merit Increases/Performance Evaluations 11 14.1 Performance Evaluations 11 14.2 Overdue Evaluations 12 Section 15: Tuition Reimbursement 12 15.1 Required Educational or Training Courses 12 15.2 Training Time 12 15.3 Reimbursement 12 Section 16: Employee Computer Purchase Program 13 Section 17: Paid Leave 13 17.1 Comprehensive Annual Leave 13 1 17.2 Catastrophic Leave 14 17.3 Executive and Administrative Leave 14 17.4 CAL/Executive/Administrative Leave Time Cash Out 15 17.5 Bereavement Leave 15 17.7 Jury Duty and Court Related Absences 16 17.8 Military Leave 16 17.9 Alternative Parental Leave 17 Section 18: Leave of Absence for Medical or Family Care 17 18.1 Pregnancy Disability Leave 17 Section 19: Leaves of Absence Without Pay 18 Section 20: Health and Wellness Benefits 18 20.1 Health Coverage 18 20.2 Dental Coverage 19 20.3 Vision Coverage 19 20.4 Disability Insurance 19 20.5 Flexible Benefits Program 19 20.6 Retiree Medical, Dental and Vision Premium Reimbursement 19 Section 21: Life Insurance 21 Section 22: Retirement 21 Section 23: Deferred Compensation 22 Section 24: Alcohol and Drug Policy 22 Section 25: Severance Pay 22 Section 26: Automobile Allowance 23 Section 27: Uniform Allowance and Boot Reimbursement 23 Section 28: Reasonable Accommodation of Employees with Disabilities 23 Section 29: Discipline 23 Section 30: Classifications Covered under this Plan 24 Section 31: Reclassifications 24 31.1 Reclassification Implementation (aka Salary Schedule B) 24 31.2 Reclassification Studies 24 31.3 Reclassification Request Process 25 Appendix A — Y-Rated Employees 2 Section 1: Introduction This Management Compensation Plan (MCP) will govern the compensation and schedule of benefits for Confidential, Management, and Executive Management employees of the City of Temecula (City). Definitions 1. Executive Management: Employees who are either Department Directors or defined as Executive Management by the Temecula Municipal Code or by City Policy. Executive Management employees are generally exempt from Fair Labor Standards Act (FLSA) overtime requirements. This exemption is based upon the fact that all executive management employees have passed the salary and duty tests required for this exemption. 2. Management: All employees defined as Management employees by the Temecula Municipal Code or City policy. Management employees are generally exempt from FLSA overtime requirements. This exemption is based upon the fact that all management employees have passed the salary and duty tests required for this exemption. 3. Confidential: Confidential Employees are defined as an employee whose duties normally require access to confidential information; an employee who acts in a confidential capacity who contributes significantly to the development of management policies and procedures. Confidential employees will be reviewed on a classification -by -classification basis to determine if they are or are not eligible for exempt status. Section 2: Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. An employee may authorize a supervisor/manager in writing to review or obtain copies of the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 2.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 3 2.2 Derogatory Material on File Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 2.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Section 3: Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, covered by this plan, the City will provide the employee with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. The City will continue to offer alternative Work Plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative Work Plans include: • 9/80 Work Plan: an employee works nine days in a two -workweek period, but scheduled to work 40 hours in either workweek. • 4/10 Work Plan: an employee works 4 10 -hour days in a workweek for a total of 40 scheduled work hours. Unlike non-exempt employees, exempt employees receive a salary for their services and are not responsible for reporting their work hours on an hour for hour basis. Management employees will receive full day compensation when hours worked, on that day, is only partial, with the understanding that Management (exempt) employees work more than an average of 40 -hours per week. 3.1 Participation Employees have the option of participating in an alternative Work Plans if the Department Director has agreed, and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change between Work Plans on a temporary or on-going basis. 3.2 Work Week 5/40 and 4/10 work week defined: for the purpose of computing overtime, the workweek for employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 4 9/80 work week defined: for the purpose of computing overtime, the work week for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 3.4 Alternating Day Off Designation Friday will be the only alternating day off during the week unless modified by the Department Director. Executive Staff member modifications must be approved by the City Manager. 3.5 Flexible Working Hours An employee may flex their work hours within the assigned work schedule (9/80 vs. traditional) with Department Director approval. Flexible work hours are defined as start and stop times within a day which may vary, including lunch duration, as long as it stays within their assigned work schedule and is in accordance with relevant labor laws. Section 4: Compensation Adjustments Effective July 1, 2019, all employees subject to this plan shall receive a Cost of Living Adjustment equivalent to the percentage change of the lower of either the Annual CPI for Urban and Clerical Wage earners for Los Angeles, Riverside and Orange Counties for calendar year 2018 as compared to 2017, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. 4.1 Longevity Compensation Upon completion of 10 years of a one time lump sum Longevity Upon completion of 15 years of a one time lump sum Longevity Upon completion of 20 years of a one time lump sum Longevity Upon completion of 25 years of a one time lump sum Longevity 4.2 Special Merit Pay City Service, employees Bonus of $350. City Service, employees Bonus of $500. City Service, employees Bonus of $750. City Service, employees Bonus of $1,000. covered by this covered by this covered by this covered by this plan will receive plan will receive plan will receive plan will receive In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. All employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, if they have an overall rating of "Commendable" or "Outstanding" on three out of their last five annual evaluations. The overall rating needs to be Commendable or Outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating. Should there be a 5 change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to discuss needed adjustments to this provision. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "Commendable" or "Outstanding" will be required on only two out of the employee's last four annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. 4.3 Bilingual Pay Employees, who have demonstrated the ability to translate both written and spoken Spanish, by passing an annual City administered test, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two employees in each operating department. If more than two employees are eligible, actual compensation will be awarded based on the two highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee to meet the City's needs. 4.4 Notary Pay The City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. 4.5 PERS Reportability The City makes no representation as to whether any of the compensation or payments in this MCP are subject to CaIPERS service credit or pensionable income. Any determination by CaIPERS to not fully credit the compensation and/or service time provided under this MCP is outside of the City's control. Section 5: Holiday Pay 5.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for hours worked on the applicable City observed holiday. 5.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 6 5.3 Scheduled to Work a Holiday If a Confidential Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate of pay plus a shift differential, in accordance with Section 10. In addition, the employee will be paid holiday pay in accordance with Section 5.1 or 5.2. 5.4 Work Plan for Holiday Pay Work Plan - Holiday on Employee's Scheduled Day Off: If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. 5.5 Floating Holiday Based upon the eligible employee's assigned schedule, a floating holiday will be provided at the beginning of each fiscal year. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Section 6: City Holidays Benefitted employees receive a total of 12 City holidays each calendar year. The City observes the following 12 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day %2 day — Christmas Eve Afternoon Christmas Day %2 day — New Year's Eve Afternoon Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. In the case of the % day holiday observances, City facilities will be closed to the public at noon. One floating holiday is provided in each Fiscal Year this MCP is in effect. Floating Holidays must be scheduled in advance, similar to scheduling other time off. 7 Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Workers' Compensation, short-term, and long-term disability payments shall be considered paid status for the purpose of eligibility. Section 7: Overtime All non-exempt employees required to perform in excess of 40 hours in a work week, as defined in Sections 3.2 and 3.3, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of 12 hours in a workday shall receive compensation at the rate of double time of the employee's regular rate of pay for those hours in excess of 12 hours. For the purposes of determining double time, a work day is defined as the 24-hour period beginning at 12:OOAM and ending at 11:59:59PM. In determining an employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime as Compensatory Time. In addition the following provisions apply. 7.1 Time Worked Time worked: for purposes of this section, hours worked include only those hours in which the employee performs services authorized by the City. Section 8: Overtime Authorization No non-exempt employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, by the employee's supervisor. Violations of this section can result in disciplinary actions pursuant to the City's Disciplinary Policy. 8 Section 9: Compensatory Time In lieu of receiving overtime pay pursuant to Section 7 (Overtime) and Section 8 (Overtime Authorization) a non-exempt employee may elect to receive compensatory time off on a time and one-half basis for each hour worked. Compensatory Time Off is considered permissive leave and subject to department approval consistent with Section 17 (Paid Leave). In addition, the following shall apply regulating the usage of compensatory time off: 9.1 Accrual No employee shall accrue more than 80 hours of Compensatory Time. 9.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Section 17 (Paid Leave) of this MCP. 9.3 Cash Out All Compensatory Time that is available to a non-exempt employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The Compensatory Time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 1St Section 10: Shift Differential Pay Non-exempt employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays, as well as the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. Employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a day where their regular shift is split into segments with two hours or more between segments. Section 11: Temporary Upgrade As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. An employee who is temporarily upgraded shall be subject to the FLSA designation (i.e. exempt vs. non-exempt) of the temporary upgrade position. Employees who are non-exempt, but assume an exempt Temporary Upgrade position shall accrue Administrative/Executive Leave on a pro -rated basis as consistent with the accrual assigned to the assumed Classification in the Management Compensation Plan. Temporary Upgrades shall be processed in accordance with the City Personnel Policy covering this necessity. 9 The difference between an employee's usual pay and temporary upgrade pay will only be reported to CaIPERS as income to the extent permissible by law. In the event an employee serves in a Temporary Upgrade Assignment for more than 1 -year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. Section 12: Out -of -Classification Pay Employees may be assigned to perform a portion of the duties of a position in a higher classification on a temporary basis. Such assignments shall be termed "out of classification" or "out -of -class" work. Out -of -class work is only subject to out -of -class compensation when one or more of the Qualification criteria below are met. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a higher level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non -habitual and does not constitute out of classification work subject to reclassification studies as outlined in Section 31.2. 12.1 Compensation City agrees to compensate Employees, at that certain step in the salary range of the higher classification which generates an increase above the employee's current salary of not less than five percent (5%). 12.2 Qualification To qualify for out -of -class pay, Employee must be assigned by Employee's Department Head, or by such person designated by Department Head, to perform work of a higher job classification. Employee shall be compensated on an hour -for -hour basis for out -of - class work for each instance where out -of -class work is assigned. Although a vacancy is not required to qualify for out -of -class pay, employees shall not remain in out -of -class pay for more than 180 days per assignment. 12.3 Voluntary Out -of -Class Work Exclusion It is understood that in an effort to assist Employees in obtaining experience or training for future promotional opportunities, Employees may from time to time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of employees shall not be eligible for compensation as out -of -class pay. 12.4 Submission of Out -of -Class Work Out -of -classification work must be reported on the timesheet that corresponds with the pay period it was worked. Under no circumstances shall compensation for out -of - 10 classification work be issued more than ninety (90) days retroactively, unless previously approved by the City Manager. Section 13: Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one year of full time employment in the position. An employee on their original probation shall receive an evaluation at three months, six months and nine months. The City can extend probation for a maximum of six months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 13.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not less than six months of full time employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Section 14: Eligibility for Merit Increases/Performance Evaluations Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments (based upon performance and the policy as stated in the Management Evaluation System) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. Annual Performance Evaluation meetings will be completed within 30 days of the employee's anniversary date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not at the maximum rate for their salary range. Approved merit adjustments will be retro -active to the official evaluation due date. 14.1 Performance Evaluations The Management Evaluation System (MES) will be used for the employees covered by this MCP. The MES will be utilized in evaluating an employee's performance, setting goals and objectives and recommending adjustments to annual compensation. The MES will utilize five ratings for each evaluation criteria: Outstanding, Commendable, Typically Meets, Improvement Needed, and Unsatisfactory. Newly hired Management employees will be evaluated at the completion of three, six, nine, and 12 months, and annually thereafter. 11 14.2 Overdue Evaluations Human Resources and Supervisory staff will work cooperatively to ensure the timely presentation of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). Section 15: Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre -approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one fiscal year. Additional funds may be approved on appeal to the City Manager. 15.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 15.2 Training Time In general, training time during working hours shall be considered part of the job. Non- mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 15.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job-related classes and training. No 12 reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three general education classes, as long as the classes are a part of a degree or certificate program. These three classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Section 16: Employee Computer Purchase Program This program allows employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad, or similar "computer tablet" devices with a loan repayment of up to 24 months. An employee may only have one loan outstanding at any time. To qualify for the program, employees must be regular, full-time/part-time employees and have successfully passed their one year probationary period. This program will be administered pursuant to the City's Employee Computer Purchase Program Policy. Section 17: Paid Leave The City recognizes that there are various reasons for an employee to be away from the workplace. The following subsections describe the types of leave that may be utilized. 17.1 Comprehensive Annual Leave Comprehensive Annual Leave (CAL) is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave (CAL) from the date of hire. Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. 13 Employees covered by this plan will earn CAL from the date of hire by the following accrual rates: Annual Increment Annual Leave (hours) Biweekly Accrual Rate (hours/pay period) Maximum Accumulation (hours) Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave will be earned on a prorated rate each pay period. The maximum balance of unused CAL an employee may have at any one time is two times the employee's annual accrual. Employees with 15 or more years of service may accrue up to a maximum of two times the employee's annual accrual, plus 80 hours. The City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above the annual accrual limit for good cause shown. The administration of Comprehensive Annual Leave shall be pursuant to the City's Administrative Guideline. 17.2 Catastrophic Leave Upon approval of the City Manager, or designee, employees who have or will exhaust their paid leave due to a medical emergency to the employee or an immediate family member may request the solicitation of CAL donations from fellow employees. A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would be required to exhaust all of their available paid leave. The City has the right to request a doctor's note to verify the medical emergency. Refer to Section 17.5, Bereavement Leave, for definition of family member. In addition, the City Manager may in his/her sole discretion may approve the application of this section to provide extended time off in addition to an employee's protected leave (e.g., FMLA, CFRA, PDL, etc.). Employees may donate a maximum of 16 hours to the Catastrophic Leave Pool provided 120 hours remain in the donating employee's CAL balance. All donated hours are pooled. Employees eligible for Catastrophic Leave will receive CAL hours from the pool. Individual employees may not receive more than 160 hours of donated Catastrophic Leave per fiscal year. 17.3 Executive and Administrative Leave All Executive Management employees covered by this MCP will be provided with a total of 80 hours of Executive Leave per fiscal year. All other Management employees 14 covered by this MCP will be provided with a total of 60 hours of Administrative Leave per fiscal year. Confidential employees are not entitled to Executive or Administrative Leave as that group is eligible to receive overtime pay. Executive and Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. The City Manager may approve up to an additional 40 hours of Executive Leave per year where the employee has provided exceptional service. Upon the recommendation of the employee's Department Director, the City Manager may approve up to an additional 40 hours of Administrative Leave per year where the employee has provided exceptional service. 17.4 CAL/Executive/Administrative Leave Time Cash Out Employees covered by this MCP may cash out up to 120 hours of CAL per fiscal year, provided a balance of 120 CAL hours is available after the cash out. CAL may be cashed out twice a year, once near the beginning of in December and once in June. The CAL cash out pay periods will be determined by the City's Finance Department. The City Manager in his/her sole discretion may allow an employee to cash out CAL time outside of the pay periods determined by the City's Finance Department if the employee is faced with a financial emergency; however, the employee is still only allowed two cash outs per fiscal year as outlined in this section. Upon separation from employment from the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non -overtime rate of pay. An employee may run out their remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. terminal leave) if the employee provides a minimum notice of 45 calendar days before the terminal leave commences. In cases with extraordinary circumstances, terminal leave requested with less than 45 calendar days' notice is subject to approval by the City Manager at his/her sole discretion. In all instances, written notice of separation from employment shall: 1) include the final date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or anyone in the Human Resources Department Any Executive or Administrative Leave not used during the fiscal year in which it was acquired will be cashed out and included with any CAL cash out in June of each year. The December CAL cash out will be added to a regular pay period's paycheck. The June Cash Out of CAL/Executive Leave will be processed as a separate check. 17.5 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may receive a maximum of three business days for bereavement of an individual who is a member of the employee's immediate family or of other similar 15 relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five business days of bereavement leave. Employees may also use CAL time in conjunction with bereavement leave. For the purposes of this section, immediate family (including natural, step or in-laws) shall be defined as spouse, domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. Administration of Bereavement Leave shall be pursuant to the City's Administrative Guideline. 17.7 Jury Duty and Court Related Absences The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City. Employees are not required to submit any compensation received from the court for serving as a juror to the City. If an employee needs to appear in court regarding a personal situation or is summoned to report to court for a civil or criminal case that does not involve official City business then the employee is required to utilize available CAL or other types of leave. Administration of Jury Duty and Court Related Absences shall be pursuant the Administrative Guideline. 17.8 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. Military Leave shall be granted in accordance with the provisions of state and federal law, thereby allowing employees to take time necessary for the defense of our Country. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued CAL or other types of leave available to the employee. Consistent with the City of Temecula City Council Resolution 90-067, if the employee is placed on active duty with appropriate documentation; the City will pay the difference between the City employee's salary and the employee's military pay for the entire duration of active duty. Compensation received is not reportable to CaIPERS. The City is required by law, to return the employee to the same classification upon the employee's return to City service. 16 Administration of Military Leave shall be pursuant to the City's Administrative Guideline. 17.9 Alternative Parental Leave The City shall provide six weeks of paid leave to employees for the purpose of bonding with a child in connection with the surrogate birth, adoption or foster care placement of that child. The child may be from a surrogate or non -surrogate parent or agency. The six weeks shall be paid at the rate of 2/3 of the employee's current base salary, and no other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their current base salary in conjunction with this leave. The six weeks of leave need not be used consecutively; however, it is limited to the first year after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Alternative Parental Leave is intended to provide paid leave to parents similar to that afforded to new mothers eligible for disability leave, so Alternative Parental Leave may not be used in combination with disability leave connected with giving birth to a child. Section 18: Leave of Absence for Medical or Family Care To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation.Administration of protected leaves shall be pursuant to the City Administrative Guidelines. 18.1 Pregnancy Disability Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the Department Director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. 17 Section 19: Leaves of Absence Without Pay Leave of Absence Without Pay is to be used for the purpose of unforeseen circumstances or other situations where leave is requested by the employee. The unforeseen circumstances under this type of leave do not relate to FMLA/CFRA or pregnancy leaves of absences. In all cases, Leaves Without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. Administration of Leaves of Absence Without Pay shall be pursuant the Administrative Guidelines Section 20: Health and Wellness Benefits The City shall provide each active employee with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City - sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit). The City shall also provide each employee with a Cafeteria Contribution of $1,200 per month. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account, or taken as taxable income. The City will discuss any state or federally mandated changes in benefits that occur following adoption of this MCP. The City agrees to include two MCP covered employees as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 20.1 Health Coverage While this MCP is in effect, the City will continue offering the PERS Health Plan. An employee seeking to opt out of City -sponsored medical insurance must provide documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the employee and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage. 18 The City will meet with the Benefit Committee to discuss any changes in the City's Health Plan prior to open enrollment. 20.2 Dental Coverage While this MCP is in effect, the City will continue to offer dental coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the dental plan for a respective Plan Year. 20.3 Vision Coverage While this MCP is in effect, the City will continue to offer vision coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the vision care plan for a respective Plan Year. 20.4 Disability Insurance The City mandates enrollment in short-term (STD) and long-term disability insurance to employees covered by this MCP. The City will meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures shall be the basis for the available coverage. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage. 20.5 Flexible Benefits Program While this MCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Benefits Program in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 20.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City, as follows: A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City in a regular, benefited position status; who retire from the City of Temecula on or after July 1, 2003, in accordance with CaIPERS standards. Part-time, regular, benefited employees shall also be eligible provided that total service in the City, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this section. 19 If a retired City employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. B. Retirement from the City shall be defined as a PERS service or industrial disability retirement, and the employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CaIPERS retirement date. C. Employees who have retired prior to the effective date of this MCP will be eligible for this benefit in accordance with the terms the MCP at time of retirement. D. Eligible City employees (as defined above), who retire will be eligible for a reimbursement, for monthly premiums (not including co- payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 20.1, 20.2 and 20.3 of this MCP. This payment will begin within 30 days of the employee's PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue while this MCP is in effect. E. The amount of actual payment will be based on proof of continued medical, dental and vision insurance and verification of the payment amount. The PERS medical premium on a PERS retiree's check is the premium amount AFTER the City's mandatory employer contribution has been deducted. Therefore, the City will be calculating the reimbursable amount based on the AFTER the mandatory employer contribution rate established by PERS annually. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and vision plans is not available, employee may request that alternate medical, dental, and vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Human Resources Department. For all coverage which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the City's Human Resources Department of any changes in premium amounts or change in status. 20 This benefit will discontinue upon the death of the retired City employee. Section 21: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, an employee will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For employees covered by this MCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to employees requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the employee with no cost to the City. Section 22: Retirement The City has established a multi -tiered retirement benefit. Employees who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CaIPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service 21 Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, employees shall pay 3% of the PERS employer contribution. The City shall pay the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this MCP. Employees covered by this MCP will be eligible for the City reporting the value of the Employer Paid Member Contribution as Special Compensation to PERS. The City will pay the cost of this Special Compensation benefit, the "PERS on PERS" cost. This provision shall not be effective unless and until the City completes all applicable approvals and process required by law. Regular City employees are not covered under Social Security (Medicare only). Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Section 23: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Section 24: Alcohol and Drug Policy It is the policy of the City to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, employees covered by this MCP agree to abide by the City of Temecula Alcohol and Drug Policy while this MCP is in effect. Section 25: Severance Pay If an at -will employee (Executive Management Only) is requested to resign or is terminated they will receive severance pay equivalent to six months of service and continuation of benefits as specified in the at -will agreement. This benefit will only apply if all members of Executive Management who sign an at -will agreement. If all members of Executive Management do not sign an at -will agreement, only those employees who are designated as at -will by the Municipal Code will be eligible for a total of three months of severance pay. The City Manager and any subsequent City Council appointed positions are exempt from the provisions of this section. 22 Section 26: Automobile Allowance Executive Management employees will receive a monthly automobile allowance in lieu of mileage reimbursement. This allowance will only be provided when an employee is actively at work and not out on extended FMLA/CFRA Leave. The monthly dollar amount will be set at $400/month as outlined in the annual operating budget. Section 27: Uniform Allowance and Boot Reimbursement Employees covered by this MCP that are responsible for field operations and that are routinely working in the field are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes subject to abnormal wear and tear due to field hazards. In the event an employee covered by this MCP is required to wear safety boots or shoes the employee will be eligible for an annual boot allowance of $175. Section 28: Reasonable Accommodation of Employees with Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act(s), and because these reasonable accommodations must be determined on an individual case-by-case basis, the provisions of this MCP may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. Any reasonable accommodation provided to an individual protected by the Act(s) shall not establish a past practice, nor shall it be cited or used as evidence of a past practice. Section 29: Discipline It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. All Disciplinary actions shall be pursuant to the City's Discipline Policy. 23 Section 30: Classifications Covered under this Plan All authorized positions not represented by the Teamsters 911 are eligible for the benefits outlined in this MCP. Section 31: Reclassifications 31.1 Reclassification Implementation (aka Salary Schedule B) Effective the first full pay period following July 1, 2017, the City shall implement all of the remaining, finalized employee reclassification recommendations issued by Creative Management Solutions in 2015 and 2016, and finalized employee reclassification recommendations issued by CPS HR Consulting prior to June 30, 2017, with the exception of the following individuals: a. employees who have promoted since receiving a reclassification recommendation as described above b. employees who have already been reclassified to their final employee reclassification recommendation as described above c. employees who have separated from employment with the City Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's salary range shall retain their current salary range as a "y -rated" salary range. Y -rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y -rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Those employees assigned to y -rated salary ranges shall be listed in Appendix A. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 31.2 Reclassification Studies If any employee covered by this MCP believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. This request must be made by October 1st so the process can be completed in time for the mid -year budget or annual budget as determined by the City. Only employees whose work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re -allocations of work and internal reporting relationships may be considered for reclassification. 24 31.3 Reclassification Request Process Employees must make a request for a reclassification study in writing to the Human Resources Department to initiate the process. The employee will then be required to complete a Position Description Questionnaire (PDQ). If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re- allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 1st of the following calendar year, and the results are not appealable. 25 Appendix A - Y -Rated Employees Employee Name Employee Classification Becky Obmann Administrative Assistant - Confidential (Y - Rate) Randi Johl City Clerk (Y -Rate) Sue Steffen Executive Assistant - Confidential (Y -Rate) Charles Walker Management Analyst (Y -Rate) Christine Damko Management Analyst (Y -Rate) Robert Cardenas Risk Manager (Y -Rate) Betsy Lowry Senior Management Analyst (Y -Rate) Erica Russo Senior Management Analyst (Y -Rate) Julie Tarrant Senior Management Analyst (Y -Rate) I CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps -111 MP' 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 W. 6.5 I- _.7.,9 ADMINISTRATIVE Executive 4 29.13 29.86 30.61 31.37 32.16 32.96 33.79 34.63 35.49 36.38 37.29 38.10 39.05 40.02 41.02 Assistant (Y -Rate) 5,049.61 5,176.34 5,305.82 5,438.03 5,574.32 5,713.34 5,856.45 6,002.29 6,152.19 6,306.21 6,464.31 6,603.33 6,768.23 6,937.25 7,110.34 60,595.32 62,116.08 63,669.84 65,256.36 66,891.84 68,560.08 70,277.40 72,027.48 73,826.28 75,674.52 77,571.72 79,239.96 81,218.76 83,247.00 85,324.08 Executive 4 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 Assistant 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Senior 4 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 Administrative Assistant 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 Administrative3 22.05 22.60 23.16 23.75 24.34 24.95 25.57 26.21 26.86 27.53 28.22 28.83 29.55 30.29 31.04 Assistant (Y -Rate) 3,821.62 3,917.00 4,015.13 4,116.01 4,219.58 4,324.51 4,432.20 4,542.60 4,655.73 4,771.55 4,891.50 4,996.45 5,121.83 5,249.95 5,380.79 45,859.44 47,004.00 48,181.56 49,392.12 50,634.96 51,894.12 53,186.40 54,511.20 55,868.76 57,258.60 58,698.00 59,957.40 61,461.96 62,999.40 64,569.48 Administrative3 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 Assistant 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 Senior 2 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 Office Specialist 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 Office Specialist II 1 18.51 18.97 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 3,208.13 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 Office Specialist I 1 17.62 18.06 18.51 18.97 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 3,053.55 3,129.88 3,208.13 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 ANALYST Principal 7 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 Management Analyst 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Senior6 38.95 39.92 40.92 41.92 42.99 44.06 45.16 46.30 47.45 48.64 49.86 50.93 52.20 53.51 54.84 Management Analyst 6,750.53 6,919.52 7,092.62 7,266.62 7,451.04 7,637.79 7,828.59 8,024.84 8,225.19 8,430.99 8,642.24 8,827.60 9,048.38 9,274.64 9,506.33 (Y -Rate) 81,006.36 83,034.24 85,111.44 87,199.44 89,412.48 91,653.48 93,943.08 96,298.08 98,702.28 101,171.88 103,706.88 105,931.20 108,580.56 111,295.68 114,075.96 Senior6 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 Management Analyst 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 Management Analyst 5 35.26 36.14 37.04 37.97 38.92 39.90 40.90 41.92 42.96 44.04 45.14 46.11 47.26 48.44 49.65 (Y -Rate) 6,111.32 6,263.96 6,420.69 6,581.51 6,746.44 6,915.42 7,088.53 7,265.71 7,446.97 7,633.69 7,824.50 7,992.14 8,192.50 8,396.91 8,606.80 73,335.84 75,167.52 77,048.28 78,978.12 80,957.28 82,985.04 85,062.36 87,188.52 89,363.64 91,604.28 93,894.00 95,905.68 98,310.00 100,762.92 103,281.60 Management Analyst 5 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 Management Assistant 4 28.09 28.79 29.51 30.25 31.00 31.78 32.58 33.39 34.23 35.08 35.97 (Y -Rate) 4,868.34 4,989.63 5,115.02 5,243.13 5,373.99 5,508.91 5,646.57 5,788.29 5,932.77 6,081.33 6,233.97 58,420.08 59,875.56 61,380.24 62,917.56 64,487.88 66,106.92 67,758.84 69,459.48 71,193.24 72,975.96 74,807.64 Management Assistant 4 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 Management Aide 1113 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 Management Aide 112 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 Management Aide I1 17.62 18.06 18.51 18.97 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 3,053.55 3,129.88 3,208.13 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 Page 1 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 Intern 1 9.50 9.74 9.98 10.23 10.49 10.75 11.02 11.30 11.58 11.87 12.16 1,647.05 1,688.23 1,730.44 1,773.70 1,818.04 1,863.49 1,910.08 1,957.83 2,006.77 2,056.94 2,108.37 19,764.64 20,258.76 20,765.23 21,284.36 21,816.47 22,361.88 22,920.92 23,493.95 24,081.30 24,683.33 25,300.41 COMMUNITY DEVELOPMENT Director of 8 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 85.56 87.69 89.89 Community Development 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 14,829.68 15,200.42 15,580.43 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 COMMUNITY DEVELOPMENT - BUILDING & SAFETY Building Official 7 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 Field Supervisor -Building4 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Plan Checker 4 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 Senior Building Inspector3 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 Building Inspector 112 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Building Inspector l 1 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 COMMUNITY DEVELOPMENT - CODE ENFORCEMENT Field Supervisor - 4 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 Code Enforcement 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Senior Code 3 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 Enforcement Officer 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Code Enforcement Officer 11 2 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Code Enforcement Officer 1 1 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 COMMUNITY DEVELOPMENT - PLANNING Planning Manager7 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 100, 847.2 5 103, 3 68.43 105,952.64 108, 601.46 111, 316.49 114, 09 9.41 116, 9 51.89 119, 87 5.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 Principal Planner6 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 Senior Planner 5 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 Associate Planner 11 4 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Associate Planner 1 3 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Assistant Planner 2 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 P ge 2 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps 1.0 26.81 4,646.33 55,755.96 1.5 27.48 4,762.49 57,149.86 2.0 28.16 4,881.55 58,578.60 2.5 28.87 5,003.59 60,043.07 3.0 29.59 5,128.68 61,544.15 3.5 30.33 5,256.90 63,082.75 4.0 31.09 5,388.32 64,659.82 4.5 31.86 5,523.03 66,276.31 5.0 32.66 5,661.10 67,933.22 5.5 33.48 5,802.63 69,631.55 6.0 34.31 5,947.70 71,372.34 Planning Technician 1 COMMUNITY DEVELOPMENT - SERVICES CommDev Processinga 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 Supervisor 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 Senior CommDev 3 29.31 30.04 30.80 31.57 32.36 33.17 33.99 34.84 35.71 36.61 37.52 Services Technician 5,080.94 5,207.71 5,338.54 5,472.11 5,608.40 5,748.78 5,891.88 6,039.08 6,190.36 6,345.73 6,503.82 (Y -Rate) 60,971.28 62,492.52 64,062.48 65,665.32 67,300.80 68,985.36 70,702.56 72,468.96 74,284.32 76,148.76 78,045.84 Senior CommDev 3 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 Services Technician 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 CommDev Services 2 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 Technician II 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 CommDev Services 1 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 Technician I 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 CITY CLERK City Clerk8 52.26 53.56 54.90 56.28 57.68 59.12 60.60 62.12 63.67 65.25 66.88 68.55 70.27 72.03 73.57 (Y -Rate) 9,057.92 9,284.17 9,515.87 9,754.38 9,998.34 10,247.74 10,503.98 10,767.01 11,035.53 11,310.84 11,592.96 11,882.51 12,179.89 12,484.87 12,752.79 108,695.04 111,410.04 114,190.44 117,052.56 119,980.08 122,972.88 126,047.76 129, 204.12 132,426.36 135,730.08 139,115.52 142,590.12 146,158.68 149,818.44 153,033.48 City Clerk8 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 103, 3 68.43 105,952.64 108, 601.46 111, 316.49 114, 09 9.41 116, 9 51.89 119, 87 5.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146, 05 6.89 Deputy City Clerk7 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Records Manager6 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Records Supervisor4 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Senior3 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 Records Coordinator 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 Records Coordinator 2 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 Records Technician 1 18.97 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 CITY MANAGER City Manager8 111.42 (per Employment Contract) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 19,312.50 231,750.00 Assistant City Manager 8 71.98 73.77 75.62 77.51 79.45 81.43 83.47 85.56 87.69 89.89 92.13 94.44 96.80 99.22 101.70 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 14,829.68 15, 200.42 15,580.43 15,969.94 16,369.19 16,778.42 17,197.88 17,627.83 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 191,639.29 196,430.27 201,341.03 206,374.56 211,533.92 Deputy City Manager7 65.21 66.84 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 85.56 87.69 89.89 92.13 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 14,829.68 15, 200.42 15,580.43 15,969.94 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 191,639.29 Assistant to the 6 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 City Manager 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 Page 3 of 10 Class Family / Title Level Economic Development Manager CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 2.0 2.5 3.0 Salary Steps 3.5 _ MCP OnIy 4.0 V 4.5 5.0 5.5 6.0 6.5 M! 7.0 7.5 8.0 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 COMMUNITY SERVICES Director of Community Services Asst Director of 7 Community Services Community Services Superintendent 6 Community Services Manager Community Services Supervisor 11 4 Community Services 4 Supervisor 1 Community Services Coordinator 11 3 Community Services 3 Coordinator 1 Community Services Specialist 11 2 Community Services 2 Specialist I Community Services Assistant 63.62 11,026.69 132,320.33 48.48 8,403.94 100,847.25 43.92 7,613.55 91,362.63 39.79 6,897.50 82,770.03 29.59 5,128.68 61,544.15 28.16 4,881.55 58,578.60 25.51 4,422.44 53,069.32 24.28 4,209.35 50,512.15 22.00 3,813.46 45,761.51 20.94 3,629.71 43,556.47 18.97 3,288.33 39,460.01 65.21 11,302.36 135,628.34 66.84 11,584.92 139,019.05 68.51 11,874.54 142,494.52 70.22 12,171.41 146,056.89 71.98 12,475.69 149,708.31 73.77 12,787.58 153,451.02 75.62 13,107.27 157,287.29 77.51 13,434.96 161,219.47 79.45 13,770.83 165,249.96 81.43 14,115.10 169,381.21 83.47 14,467.98 173,615.74 85.56 14,829.68 177,956.13 87.69 15,200.42 182,405.04 89.89 15,580.43 186,965.16 49.70 8,614.04 103,368.43 50.94 8,829.39 105,952.64 52.21 9,050.12 108,601.46 53.52 9,276.37 111,316.49 54.86 9,508.28 114,099.41 56.23 9,745.99 116,951.89 57.63 9,989.64 119,875.69 59.07 10,239.38 122,872.58 60.55 10,495.37 125,944.40 62.06 10,757.75 129,093.01 63.62 11,026.69 132,320.33 65.21 11,302.36 135,628.34 66.84 11,584.92 139,019.05 68.51 11,874.54 142,494.52 45.02 7,803.89 93,646.70 46.15 7,998.99 95,987.86 47.30 8,198.96 98,387.56 48.48 8,403.94 100,847.25 49.70 8,614.04 103,368.43 50.94 8,829.39 105,952.64 52.21 9,050.12 108,601.46 53.52 9,276.37 111,316.49 54.86 9,508.28 114,099.41 56.23 9,745.99 116,951.89 57.63 9,989.64 119,875.69 59.07 10,239.38 122,872.58 60.55 10,495.37 125,944.40 62.06 10,757.75 129,093.01 40.79 7,069.94 84,839.29 41.81 7,246.69 86,960.27 42.85 7,427.86 89,134.27 43.92 7,613.55 91,362.63 45.02 7,803.89 93,646.70 46.15 7,998.99 95,987.86 47.30 8,198.96 98,387.56 48.48 8,403.94 100,847.25 49.70 8,614.04 103,368.43 50.94 8,829.39 105,952.64 52.21 9,050.12 108,601.46 53.52 9,276.37 111,316.49 54.86 9,508.28 114,099.41 56.23 9,745.99 116,951.89 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 22.55 3,908.80 46,905.55 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 21.46 3,720.45 44,645.38 22.00 3,813.46 45,761.51 22.55 3,908.80 46,905.55 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 19.45 3,370.54 40,446.51 19.93 3,454.81 41,457.67 20.43 3,541.18 42,494.11 20.94 3,629.71 43,556.47 21.46 3,720.45 44,645.38 22.00 3,813.46 45,761.51 22.55 3,908.80 46,905.55 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 COMMUNITY SERVICES - AQUATICS Aquatics Supervisor 11 4 Aquatics Supervisor 1 4 Aquatics Coordinator Lead Lifeguard 2 Senior Lifeguard Lifeguard 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 21.46 3,720.45 44,645.38 22.00 3,813.46 45,761.51 22.55 3,908.80 46,905.55 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 20.43 3,541.18 42,494.11 20.94 3,629.71 43,556.47 21.46 3,720.45 44,645.38 22.00 3,813.46 45,761.51 22.55 3,908.80 46,905.55 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 Page 4 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps --- COMMUNITY SERVICES - PARK RANGERS Supervising Park Ranger4 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Park Ranger III3 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Park Ranger II2 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 Park Ranger I1 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 COMMUNITY SERVICES - THEATER Theater Technical 3 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 Coordinator II 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Theater Technical 3 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 Coordinator I 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 Theater Technical 2 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 Specialist II 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 Theater Technical 2 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 Specialist I 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 Theater Technical 1 18.97 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 Assistant 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 FINANCE Director of Finance 8 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 85.56 87.69 89.89 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 14,829.68 15, 200.42 15,580.43 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 Assistant Director 7 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 of Finance 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 Fiscal Services Manager 6 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 FINANCE - ACCOUNTING Senior Accountant 4 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 Accountant II 3 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 Accountant I 3 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 FINANCE -ACCOUNTING SUPPORT Accounting Support4 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 Supervisor 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Senior Accounting3 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 Technician 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Page 5 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Accounting Technician II Salary Steps _ MCP Ong,' 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 6.5 11=II 7.0 8.0 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 Accounting Technician I 2 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Accounting Assistant 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 Cashier 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 FINANCE - BUSINESS LICENSE Business License Supervisor 4 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 39.79 6,897.50 82,770.03 Senior Business License 3 Technician 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 Business License Technician 2 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 Business License Assistant 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 FINANCE - PAYROLL Payroll Manager 5 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 39.79 6,897.50 82,770.03 40.79 7,069.94 84,839.29 41.81 7,246.69 86,960.27 42.85 7,427.86 89,134.27 43.92 7,613.55 91,362.63 45.02 7,803.89 93,646.70 46.15 7,998.99 95,987.86 47.30 8,198.96 98,387.56 48.48 8,403.94 100,847.25 49.70 8,614.04 103,368.43 50.94 8,829.39 105,952.64 Payroll Administrator 4 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 39.79 6,897.50 82,770.03 40.79 7,069.94 84,839.29 41.81 7,246.69 86,960.27 42.85 7,427.86 89,134.27 43.92 7,613.55 91,362.63 45.02 7,803.89 93,646.70 46.15 7,998.99 95,987.86 Payroll Supervisor 4 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 39.79 6,897.50 82,770.03 40.79 7,069.94 84,839.29 41.81 7,246.69 86,960.27 42.85 7,427.86 89,134.27 43.92 7,613.55 91,362.63 Senior Payroll Coordinator 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 39.79 6,897.50 82,770.03 Payroll Coordinator 2 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 Payroll Technician 23.11 4,006.52 48,078.19 23.69 4,106.68 49,280.14 24.28 4,209.35 50,512.15 24.89 4,314.58 51,774.95 25.51 4,422.44 53,069.32 26.15 4,533.00 54,396.06 26.81 4,646.33 55,755.96 27.48 4,762.49 57,149.86 28.16 4,881.55 58,578.60 28.87 5,003.59 60,043.07 29.59 5,128.68 61,544.15 30.33 5,256.90 63,082.75 31.09 5,388.32 64,659.82 31.86 5,523.03 66,276.31 32.66 5,661.10 67,933.22 FINANCE - PURCHASING Purchasing Manager 5 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Purchasing Supervisor 4 32.66 5,661.10 67,933.22 33.48 5,802.63 69,631.55 34.31 5,947.70 71,372.34 35.17 6,096.39 73,156.65 36.05 6,248.80 74,985.57 36.95 6,405.02 76,860.20 37.88 6,565.14 78,781.71 38.82 6,729.27 80,751.25 39.79 6,897.50 82,770.03 40.79 7,069.94 84,839.29 41.81 7,246.69 86,960.27 Senior Buyer 3 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 Buyer 11 2 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 Page 6 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps _ 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 Buyer I 2 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Purchasing Assistant 1 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 FIRE Field Supervisor - Fire4 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 Senior Fire Inspector4 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Fire Inspector IIz 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 Fire Inspector I 1 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 HUMAN RESOURCES Director of HR/Risk8 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 Management 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 Asst Director of HR/Risk7 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 Management 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 HR Manager6 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 Risk Manager 6 43.51 44.59 45.71 46.85 48.02 49.22 50.46 51.71 53.00 54.33 55.69 56.89 58.31 59.77 61.26 (Y -Rate) 7,541.00 7,729.10 7,922.62 8,120.25 8,323.32 8,531.85 8,745.84 8,963.90 9,187.40 9,417.75 9,653.53 9,860.70 10,107.37 10,359.51 10,618.46 90,492.00 92,749.20 95,071.44 97,443.00 99,879.84 102,382.20 104,950.08 107,566.80 110,248.80 113,013.00 115,842.36 118,328.40 121,288.44 124,314.12 127,421.52 Risk Manager 6 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 HR Supervisor4 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 Senior HR Technician 3 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 HR Technician 11 2 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 HR Technician 1 2 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 HR Assistant 1 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 INFORMATION TECHNOLOGY Director of IT/Support8 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 Services 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 Asst Director of IT/Support7 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 Services 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 105,952.64 108, 601.46 111, 316.49 114, 09 9.41 116, 9 51.89 119, 87 5.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146, 05 6.89 149, 7 08.31 Page 7 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps MCP Only 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 7.0 7.511MI 8.0 IT Manager 6 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 IT Administrator 5 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 IT Supervisor 4 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 Senior IT Specialist 3 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 IT Specialist 11 2 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 IT Specialist 1 2 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 IT Technician 11 1 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 IT Technician 1 1 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 PUBLIC WORKS Director of PW/City 8 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 85.56 87.69 89.89 92.13 94.44 96.80 Engineer 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 14,829.68 15,200.42 15,580.43 15,969.94 16,369.19 16,778.42 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 191,639.29 196,430.27 201,341.03 PUBLIC WORKS - CUSTODIAL Custodian 11 2 16.50 16.91 17.34 17.77 18.22 18.67 19.14 19.62 20.11 20.61 21.13 (Y -Rate) 2,860.76 2,931.64 3,005.22 3,080.20 3,157.87 3,236.93 3,317.35 3,400.47 3,484.98 3,572.19 3,662.17 34,329.12 35,179.68 36,062.64 36,962.40 37,894.44 38,843.16 39,808.20 40,805.64 41,819.76 42,866.28 43,946.04 Custodian 11 2 15.96 16.36 16.77 17.19 17.62 18.06 18.51 18.97 19.45 19.93 20.43 2,766.36 2,835.52 2,906.41 2,979.07 3,053.55 3,129.88 3,208.13 3,288.33 3,370.54 3,454.81 3,541.18 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 Custodian 1 1 14.46 14.82 15.19 15.57 15.96 16.36 16.77 17.19 17.62 18.06 18.51 2,506.19 2,568.84 2,633.06 2,698.89 2,766.36 2,835.52 2,906.41 2,979.07 3,053.55 3,129.88 3,208.13 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 PUBLIC WORKS - ENGINEERING Engineering Manager 7 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 77.51 79.45 81.43 83.47 10, 239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 13,434.96 13,770.83 14,115.10 14,467.98 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381,21 173,615.74 Principal Civil Engineer 6 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 70.22 71.98 73.77 75.62 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 12,171.41 12,475.69 12,787.58 13,107.27 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056,89 149,708,31 153,451.02 157,287,29 Senior Civil Engineer 5 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 63.62 65.21 66.84 68.51 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 11,026.69 11,302.36 11,584.92 11,874.54 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 Associate Civil Engineer 4 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Associate Engineer 11 4 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 Associate Engineer 1 3 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 Page 8 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level Salary Steps 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 Assistant Engineer IIz 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Assistant Engineerz 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 Engineering Technician 111 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 Engineering Technician I1 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 PUBLIC WORKS - INSPECTIONS Construction Manager4 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 Supervising PW Inspector4 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Senior PW Inspector3 32.22 33.02 33.85 34.70 35.56 36.45 37.37 38.30 39.26 40.24 41.25 (Y -Rate) 5,585.24 5,724.87 5,868.00 6,014.70 6,165.07 6,319.20 6,477.18 6,639.10 6,805.08 6,975.21 7,149.59 67,023.01 68,690.96 70,408.00 72,174.75 73,973.12 75,821.62 77,719.20 79,665.46 81,660.59 83,704.61 85,798.54 Senior PW Inspector3 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 PW Inspector IIz 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 PW Inspector I 1 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 PUBLIC WORKS - LANDSCAPE Maintenance Supervisor -5 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 Landscape 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Field Supervisor -Landscape4 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 Senior Landscape Inspector3 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 Landscape Inspector IIz 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 Landscape Inspector 11 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 PUBLIC WORKS - MAINTENANCE Maintenance Manager7 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 Maintenance 6 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 Superintendent 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 Maintenance Supervisor 5 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Page 9 of 10 CITY OF TEMECULA SALARY SCHEDULE AS OF JULY 2017 Class Family / Title Level 1.0 1.5 2.0 2.5 3.0 Salary Steps 3.5 4.0 _ 4.5 5.0 5.5 6.0 Field Supervisor - 4 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 Maintenance 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Lead Maintenance Worker 3 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Maintenance Worker 11 2 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 Maintenance Worker 1 1 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 PUBLIC WORKS - FACILITIES Field Supervisor -Facilities4 30.33 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Lead Maintenance Worker - 3 27.48 28.16 28.87 29.59 30.33 31.09 31.86 32.66 33.48 34.31 35.17 Facilities 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Maintenance Worker 11 - 2 24.89 25.51 26.15 26.81 27.48 28.16 28.87 29.59 30.33 31.09 31.86 Facilities 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 5,128.68 5,256.90 5,388.32 5,523.03 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 Maintenance Worker l - 1 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 Facilities 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 PUBLIC WORKS - SIGNALS Maintenance Supervisor -5 43.92 45.02 46.15 47.30 48.48 49.70 50.94 52.21 53.52 54.86 56.23 57.63 59.07 60.55 62.06 Signal 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 9,050.12 9,276.37 9,508.28 9,745.99 9,989.64 10,239.38 10,495.37 10,757.75 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 Field Supervisor -Signal4 39.79 40.79 41.81 42.85 43.92 45.02 46.15 47.30 48.48 49.70 50.94 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 8,198.96 8,403.94 8,614.04 8,829.39 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Senior Signal Technician 3 36.05 36.95 37.88 38.82 39.79 40.79 41.81 42.85 43.92 45.02 46.15 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 7,427.86 7,613.55 7,803.89 7,998.99 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Signal Technician IIz 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 40.79 41.81 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 7,069.94 7,246.69 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Signal Technician2 31.09 31.86 32.66 33.48 34.31 35.17 36.05 36.95 37.88 38.82 39.79 5,388.32 5,523.03 5,661.10 5,802.63 5,947.70 6,096.39 6,248.80 6,405.02 6,565.14 6,729.27 6,897.50 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 SUPPORT SERVICES Support Se rvices4 22.55 23.11 23.69 24.28 24.89 25.51 26.15 26.81 27.48 28.16 28.87 Supervisor 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 4,646.33 4,762.49 4,881.55 5,003.59 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 Senior Support Services3 20.43 20.94 21.46 22.00 22.55 23.11 23.69 24.28 24.89 25.51 26.15 Technician 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 4,209.35 4,314.58 4,422.44 4,533.00 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 Support Services Technicianz 18.51 18.97 19.45 19.93 20.43 20.94 21.46 22.00 22.55 23.11 23.69 3,208.13 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 3,813.46 3,908.80 4,006.52 4,106.68 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 Support Services Assistant1 16.77 17.19 17.62 18.06 18.51 18.97 19.45 19.93 20.43 20.94 21.46 2,906.41 2,979.07 3,053.55 3,129.88 3,208.13 3,288.33 3,370.54 3,454.81 3,541.18 3,629.71 3,720.45 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 Page 10 of 10 ..l The F!rsirt of Sou! her CGllilornil W.le Count r'+' City of Temecula City Council Compensation Plan Effective July 1, 2017 Table of Contents Section 1: Introduction 2 Section 2: Health and Wellness Benefits 2 2.1 Health Coverage 2 2.2 Dental Coverage 2 2.3 Vision Coverage 3 2.5 Flexible Benefits Program 3 2.6 Retiree Medical, Dental and Vision Premium Reimbursement 3 Section 3: Life Insurance 4 Section 4: Retirement 4 Section 5: Deferred Compensation 6 Section 6: Automobile Allowance 6 1 Section 1: Introduction This City Council Compensation Plan (CCP) will govern the compensation and schedule of benefits for the City Council of the City of Temecula (City). As authorized by the provisions of Government Code Sections 53200 to 53299 and 36516 and other applicable law, Members of the City Council will receive certain retirement, health and welfare benefits as specifically designated in this CCP, and in the City of Temecula Fair Political Practices Commission Form 806. Section 2: Health and Wellness Benefits The City shall provide each City Council Member with a Health Flex Contribution of $400 per month. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 allotment shall be forfeited by the City Council Member (i.e. this is a "use it or lose it" benefit). The City shall also provide each City Council Member with a Cafeteria Contribution of $1,200 per month. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active City Council Members and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, a City Council Member shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The City Council Member can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional life insurance premiums, flexible spending accounts, and other supplemental insurance premiums. Any unused portion of the $1,200 allotment may be deposited into a deferred compensation account. 2.1 Health Coverage While this CCP is in effect, the City will continue offering the PERS Health Plan. A City Council Member seeking to opt out of City -sponsored medical insurance must provide documented evidence of minimum essential health coverage pursuant to the ACA, which must cover both the City Council Member and all individuals in the employee's expected tax family, if any. Each year, during open enrollment or as otherwise required by the City, the City Council Member must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not allow the City Council Member to opt out of City -sponsored medical insurance if the City knows that the City Council Member or family member does not have the alternative coverage. 2.2 Dental Coverage While this CCP is in effect, the City will continue to offer dental coverage to City Council Member covered by the CCP. 2 2.3 Vision Coverage While this CCP is in effect, the City will continue to offer vision coverage to City Council Member covered by the CCP. 2.5 Flexible Benefits Program While this CCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Benefits Program in accordance with applicable IRS statutes in order to provide City Council Member the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 2.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible City Council Members and their spouse, upon retirement from the City, as follows: A. Eligible retired City Council Members are those City Council Members that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City; who retire from the City of Temecula on or after July 1, 2003, in accordance with CaIPERS standards. If a retired City Council Member reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. B. Retirement from the City shall be defined as a PERS service or industrial disability retirement, and the City Council Member must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the City Council Member's official CaIPERS retirement date. C. City Council Members who have retired prior to the effective date of this CCP will be eligible for this benefit in accordance with the terms the CCP at time of retirement. D. Eligible City Council Members (as defined above), who retire will be eligible for a reimbursement, for monthly premiums (not including co- payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 2.1, 2.2 and 2.3 of this CCP. This payment will begin within 30 days of the City Council Member's PERS retirement, and upon written notice from the City Council Member and verification of current payment amounts and will continue while this CCP is in effect. E. The amount of actual payment will be based on proof of continued medical, dental and vision insurance and verification of the payment amount. The PERS medical premium on a PERS retiree's check is the premium amount AFTER the City's mandatory employer contribution has been deducted. Therefore, the City will be calculating the reimbursable amount based on the AFTER the mandatory employer 3 contribution rate established by PERS annually. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If the City Council Member moves from PERS service area, and coverage under the City's medical, dental, and vision plans is not available, the City Council Member may request that alternate medical, dental, and vision plans be approved by the City, if allowed by law. Coverage is limited to the City Council Member, and if applicable, to his/her spouse. The medical, dental, and vision insurance benefits will continue for eligible City Council Members, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Human Resources Department. For all coverage which is outside the PERS medical plan service area, eligible retired City Council Members, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year within 30 days of the first payment. If proof of coverage is not received within said 30 days, payments will not be made until the proof of coverage is received for that year. Retroactive payments will not be made if the retiree fails to submit this information on a timely basis. It is the responsibility of the retiree to notify the City's Human Resources Department of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City Council Member. Section 3: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, a City Council Member will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For City Council Members covered by this CCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to City Council Members requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the City Council Member with no cost to the City. Section 4: Retirement The City has established a multi -tiered retirement benefit. City Council Members who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. 4 Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become City Council Members of the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to City Council Members hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CaIPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to City Council Members hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, City Council Members shall pay 3% of the PERS member contribution. The City shall pay the balance of the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for City Council Members covered by this CCP. City Council Members are not covered under Social Security (Medicare only). Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. CaIPERS Reportability: The City makes no representation as to whether any of the compensation or payments in this CCP are subject to CaIPERS service credit or pensionable 5 income. Any determination by CaIPERS to not fully credit the compensation and/or service time provided under this CCP is outside of the City's control. Section 5: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any City Council Member on an optional basis. Such plan shall be implemented without cost to the City. Section 6: Automobile Allowance City Council Members will receive a monthly automobile allowance in lieu of mileage reimbursement. The monthly dollar amount will be set at $400/month as outlined in the annual operating budget. 6 AMENDMENT NO. 2 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA The Employment Agreement ("Agreement") by and between the City Of Temecula, a California Municipal Corporation ("City"), and Aaron Adams, an individual, ("Employee"), made and entered into as of June 1, 2013, as amended by Amendment No. 1, approved February 14, 2017, is hereby further amended as provided in this Amendment No. 2 ("Amendment No. 2"). This Amendment No. 2 is effective July 1, 2017. In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. The Parties previously entered into the Agreement as of June 1, 2013, and Amendment No. 1, approved February 14, 2017. B. The City and its Management, Confidential and Executive Management Employees, pursuant to the Management Compensation Plan, have initiated a shift in the payment of a portion of the Public Employees' Retirement System (PERS) retirement contributions formerly paid by the City to covered employees implemented with an offsetting change in base salary. C. The Parties desire to implement a similar 3% shift in retirement plan contributions from the City to Employee with a corresponding salary adjustment. D. City and Employee desire to further amend the Agreement and Amendment No. 1 according to the terms of this Amendment No. 2, as provided below. 2. Salary. Section 4 (Salary), paragraph A of the Agreement, as amended by Amendment No. 1, is further amended to read as follows: A. "Except as otherwise expressly provided in the Agreement or in Amendment No. 1, effective July 1, 2017 Employee shall receive a base salary of $231,750.00." 3. Retirement. Section 5 (Hours of Work, Retirement, Insurance, Leaves and Holidays), is amended by adding following sentences to the end of Paragraph B: "Employee shall pay three percent (3%) of the PERS employer contribution beginning July 1, 2017. The City will pay the Member Contribution (EPMC), required by the Public Employees' Retirement System to maintain the current level of benefits and report the value of the Employer Paid Member Contribution as Special Compensation to PERS, The City will pay the cost of this Special Compensation benefit, the "PERS on PERS" cost, to the extent permitted by law. This provision shall not be effective -1- unless and until the City completes all applicable approvals and process required by law." 4. Healthcare Insurance. Pursuant to Paragraph 5.B, unless otherwise expressly provided in the Agreement, as amended, all changes in Executive Management Group healthcare benefits (including cafeteria and Health Flex contributions) are determined by the City Council to apply to Employee. 5. Unless otherwise indicated, this Amendment No. 2 is effective July 1, 2017. Except as expressly modified in this Amendment No. 2, all provisions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Amendment No. 2. Attest: Randi Johl, City Clerk Approved As to Form: Peter M. Thorson City Attorney CITY OF TEMECULA Maryann Edwards Mayor EMPLOYEE -2- Aaron Adams RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT BETWEEN THE CITY OF TEMECULA AND MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR CALPERS EMPLOYER CONTRIBUTION COST SHARING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula executed a contract on December 1, 1990 permitting the City and its employees to participate in the Public Employees' Retirement System. Section 2. The Public Employees' Retirement Law sets forth the procedure by which the City may elect to amend said contract. Section 3. The City desires to amend said contract to allow for cost sharing of employer contributions under Government Code 20516. Section 4. CaIPERS requires the City to take the following steps before a contract amendment can be initiated: A. The City of Temecula and CaIPERS "classic" management and confidential employees agree to 3% cost sharing of employer contributions under Government Code 20516 as follows: 1. This agreement applies to current and future CaIPERS "classic" miscellaneous employees who are unrepresented and classified as Executive, Management, or Confidential staff. 2. Cost sharing of employer contributions under Government Code 20516 requires unanimous agreement of all current and active employees subject to this provision. 3. All current and active City employees who agree to 3% cost sharing of employer contributions shall apply their signature to Exhibit A. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of May, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of May, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 17 - EXHIBIT A The following miscellaneous, unrepresented, management employees who are enrolled in "classic" CaIPERS membership who are current City employees agree to 3% cost sharing of employer contributions under Government Code 20516. This list represents 100% of the active impacted employees. NAME Dawn Adam iak Aaron Adams Amer Attar Beatriz Barnett Pascale Brown Gregory Butler Roberto Cardenas Christine Damko Mayra De La Torre John Degange Stuart Fisk Gwyn Flores Isaac Garibay Rudy Graciano Kevin Hawkins Jennifer Hennessy Michael Heslin Randip Johl Olson Steve Lankenau Lynn Lehner SIGNATURE Elizabeth Lowrey Tracy Masters Rebecca Obmann Avlin Odviar Matthew Peters Erica Russo Mary Santos Vollmuth Jordan Snider Susan Steffen Julie Tarrant Patrick Thomas Rodney Tidwell Polly Von Richter Charles Walker Lucas Watson Bruce Wedeking Matthew Wiechec Gwendolyn Willcox EXTENDED LEAVE OF ABSENCE REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject:L.:ay Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. 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For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your nam • r the record. Name: t � 1-11-ev5 a [ Phone Number: &'''`"( Address: ( iNcateoft"-- If yo are representing an organization or group, please ive the name: 4.3� 5 PZi a i'Vi, 4,› 7-14( #4 Please note that all information presented at a City Council meting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: n Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: Agenda Item No. 13 For r Against ct.-w'. Qrr v+v e al t c Mca-v�5vac` Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: t C.((.i ri 9erSO Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: 'n. Public Comment Circle On REQUEST TO SPEAK CITY OF TEMECULA CITY COUNCIL Date: c/i CSD/SARDA/THA/TPFA Subject: F-7 Agenda Item No. ) 3 For n Against K. Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: ) ( I ` 1 e/71 r Phone Number: Address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: q- 17 I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: Agenda Item No. t 3 For C Against XI Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ) � Name: ;�� L.i - i" ' Phone Number: , Address: 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. I wish to speak on: n Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: REQUEST TO SPEAK CITY OF TEMECULA cl Date: 1 Agenda Item No. t For n Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. .. J\)1,9 Name: Address: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA V77\ I Date: I wish to speak on: Er Public Comment Circle One:TY COUNCILS/ CSD / SARDA / THA / TPFA Subject: Agenda Item No. For C Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. 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Name: - 17Phone Number: Address: 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. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: »,.(\z7 Public Comment Circle One(CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: ice- Agenda Item No. F For r5k, Against n Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. -- ( ` - Address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: /1 I)j ci r,l ' I wish to speak on: fl Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: s j -a " - 9, -. j ts Agenda Item No. ',i- or Against ri )7-1'34;13 /7.5-; Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �t,1 \A Phone Number: / ►�� If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: nPublic Comment Subject: Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA \V Date: KV\ ') )'\\ Circle One: CITY COUNCIL / CSD / SARDA / THA / TA For ❑ Against Request to Speak forms for Public Comments or items ted on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the ' blic Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Sp- . form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speake s called to speak, please come forward to the podium and state your name for the record. 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Name: Address: If you are representing an org�ization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUESTS TO SPEAK City Council Meeting 05/09/17 I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: cv‘e\ iSf Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: 1 A s r'E. e 1,- C \id MM L_- ->i Agenda Item No. For n Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name forthetherecord. 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Name: V\� L �� erp �c( Address: Phone Number: — If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: 5- q- 17 Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: NI Agenda Item No. 13 For n Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your namefor the record.l_ Address: If you are representing an organization or group, please give the name: Please note that al! information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: n Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: 9 .1n Agenda Item No. t1 For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. 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Name: l Ul.+ Phone Number: Address: If you are representing an organ ation 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. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment Circle One: CITY COUNCIL / CSD / SARDA / A / TPFA Agenda Item No. For Agai Request to Speak forms for Public Comments or it= s listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the sp er is called to speak, please come forward to the podium and state your name for the record. Address: If you are representing an or nization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.